The Statesman.
London, England, 1812-07-18 00:00:00

LAW INTELLIGENCE.

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COURT OF CUANCERY, Jvav 17.
TDINIAS AND &MIMS, LIOATRrs AND ANNIIITANDI
Or THS DORIS Or QUNENsBERItir4 P. MosTGosirßY,
RARONIIT, AND °THIN, His ORACR'S EXECUTORS
AND OTHERS.
Mr. RICHARD S stated to the Lord Chancellor, that
the Master had made his separate Report of the
Debts doe from the late Duke, and the Legacies
given by his • will and codicils, which there was a
very large fund in Court to discharge; but there
were most serious difficulties for the Executors to
encounter, arising from the claims made by the Mar-
Avis of Queensberry, Lord Wemys, and -Others,. in
Scotland, in consequence of the Duke having granted
Carious leases for terms far exceeding his legal
powers, and received fines or grassums for the same.
The Learned Counsel observed, that these claim
were ascertained In some degree by the Master's Re-
port, which specified them to be upwards of 350,0901.
and as there was property in Court greatly beyond
that amount, he trusted his Lordship would consider
the extreme hardship on the Creditors, Anneitants,
and Legatees (many of.whom were in grent distress),
that their claims should be postponed fintil the Suits
itt Scotland were concluded, which must occupy a
long period, and he !taped that an order would be
made for the discharge of the debts, and a part of
the Annuities and Legacies, at least reserving a sum
adequate to the amount sof the claims specified iu the
Master's Report. • ' .•
The Lotto CitAseastma observed, that he could
not make su4h an order with notice of the claims in
Scotland, as their amoeut appeared enormous; and,
to his knowledge, proceedings were going on in the
Court of Session, to vacate the long Lenses which the
Duke had granted, and it was impossible to foresee
the consequences.
Sir SAMUxL RoMILLT, on the part of the Exece.
tors, expressed their anxiety to promote the wishes
of the Petitioners, for whom they felt much, and
they were most desirous of facilitating the payment
of their claims by any measure which could be adopt-
ed consistent with their duty.
The LORD CUANCILLOO replied, that he could not
venture to do more than refer it to the Master, to
• ascertain from the proceedings the full amount of the
Scotch demand, after which the parties must again
apply to the Court. Ili, Lordship remarked, that •
be was fully convinced that the Executors and all
parties had done every thing possible to a“ist the Pe-
titioners, but he could not at present relieve them by ;
an order for any thing.
Mr. Hoessappeared for Mr. Fuller, one of his I
Grace's creditors, who had obtained a judgment'
against his Executors, and pressed the immediate j
payment of his debt, and interest from the time of
judgment being signed.
. The Loan CHANTELLoR said he would order the
debts to be plid, but certainly would not allow in-
terest on that in question, as the creditor could only
go according to the rules of the Court, for bad hi
t,tempted to prosecute his judgment, the Court
would have stopped his proceedings.
The cause is, therefore, sent back to the Master,
and, for the present, the immense property of his
Grace, after payment of his debts, which are under,
90001. will remain in Court to accumulate tsatil it
can be appropriated.
There is 1,100,0001. of 3 per Cents. and 6,0001.
per annum Imperial Annuities, besides about 14,0001.
in cash, now standing in the Accountant-General's
name. Besides this fund in Court, there is 100,0001,
upon heritable secerities'in Scotland, besides debts
to a great amount due to the Duke's estate in Eng-
laud.
OoLDSMID P. GoLDSSIID.
In this case his Lordship was called on to approve
of the Master's Report, ordering the sale of the
beautiful villa of the late lloijamin Goldsmith, at
oehamptott, on terms agreed to between Mrs. Gold.
timid and the other brauchel of her family, interest-
ed in that property.
After hearing Mr. RICHARDS on the part of th•
Petitioners, sod Sir S.sstem. ROMILLT for Mrs.
Uoldsmid,

The LORD CHANcert.oa was pleased to approve
of the Report;. to order the sale to take place in the
manner agreed on; and that in the mean time, and
previous to such sale taking place, the necessary
steps be adopted by the Executors of Mr. Gold-
smid, for transacting with Earl Spencer a renewal of
the lease of that part of the property which is !cuc-
kold.
AIesICAL PIRACY.
moons P. WALLER.
Sir SAMUEL RONILLY, followed by Mr. IFlmer and
Mr. Sus nwett,, moved for an injunction, restraining
a music seller, of -the name of ,Waffler, from selling
two songs, pirated by bite, with some alterations in
the words, calculated to avoid detection, and mine
enquiry, bust still wore calculated to injunn.tki
re-
potation of the original work, Irish Melodies,
published by Mr. Moore, an the music-seller in Ire:
hod; to whom he bad assigned it.
The names of the songs charged to have been pi.
rated, and which were represented as being among
the most choice in the collection, were titled,
Ezell/es Bower, and fly no! Net.
The Learned Counsel went on to state-eases in.
point, where injunctions had beewgranted, not for
the mere !Waling but for the injuring, by an made.
quate reputation of its merits, any cotemporary pub-
lication.
The LORD CHANCELLOR fully concurred in the
doctrine, and granted the Injunction craved.

COURT OP RING'S RENOII, JoLv 17.

lOWtVJ V. iiVNTEIL.
This was an action upon a policy of insurance en
fifty-seven pipes of port wine, per a ship called the
Stag, from Oporto to Liverpool and Lancaster, and
brought us for a total loss.
The ship in question sailed from Oporto on the
11th October, to join convoy home, bit seeding
with bad weather was obliged to pit into the port of
Lisbon, where idle remained until the 12th - Novem-
ber, and again let sail, but was never afterwards
beard
The defence was, that at the time of elfectit►g the
insurance a certain document was not communicated
to the Underwriter. TMs was a letter from the Por.
tuguese shipper of the wises at Oporto, dated lOtit
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