The Statesman.
London, England, 1819-11-06 00:00:00

THE STATESMAN

Flame., to 'prim of a sew.e for the (store MVOs.
rim% of obis charily ; or that the Cour• would matte
sorb other order as it might think proper. Tbe New
tition recited die soros of tho •original bequest by
Sir John Haywire/I, in the year 1651. by obich it op.

. . _
prated, hat she testator Reza the trustees a power
of sate under c•rtein teittictiena, with particular in-

janctioneto appropriate pert of the rents and pro.
fits to tbe support of the poor in the parish of
St. Nicholas, ittichester."rk. trustees accordingly, tea
the death Of the testator, set apart 501. a year ter the
' use of that parish, which, sum continua to be paid
till the tear 1791. In 1805, the Deludes, Me.
James Buller, who is treats* in terms of Sir 'Jobs
Haywood's will, submitted to the Court a scheme
ifor gelling the estates in Kent, and porcbaslog lamb
and buildings io the too* of Creditor', in Mumble*.
lOU the purpose .f establishing a workhouse in that
teem The petition detailed at great length the plea
reeding, in Chaucery oa this application ; sod stood
die result to be, that tbe Master
.reported in Caviar,
of the scheme proposed, and his report was confirmed
by an order of the Court. The plan was carried'
ICurb esecution, sod thus the charity was Denatured
flow Rochester tpCreiliton. In 1806, en applicatiss
was maeleits the Usert b4y the pretest Petitioners et
behalf of the parish of St. Nicholas, and the MaaW
reported, that so fattber claim of the Petitiooesh
eoght to be Bumbled. To this report eseeptioas
were filed, sad the Master was ordered to moulder
it, having rrgard to the deed of Sir Jobe Haywood,
in 1651. to the annual ausoent of the funds, he.
Accordingly, the Master made another report, stating
that he had considered the order with reference to
the warless docoments mentioned in it, and that he
teas of opioine, that WI. a you, and no more, should
be paid to the parish of St. Nichols,. The [Agreed,
Counsel said, it was unnecessary for him to motor
into soy lengthened argument, to show that the deed
of treat bad not been complied with. How the order
for carrying Sir Jobs Ilaywood's rharity
by breaking it op and transferring it to another
county, bad been obtained from the Cowl, be did
not knew. Unless his Lordship should be of opi-
nion, that the workhouse at Creditors was a charity
cootemplated by the donor, sod that it eight to be
supported at the espence.of the parish of St. Nichetas.
he hoped the Court would see the propriety of
granting the prayer of the petition.
Mr. Writ:mane followed on the same silo.Se
argued, that if • charity was instituted in any part of
this county, the local inhabitants had @tinily the same
civil right to property so left for charitable uses, as
any prints individual bad to his private property.—
Osie was, therefore, quite surprised lo find, that the
charity instituted by Str John Haywood, •od which
for centuries bad been milord to this place, should
have migrated to such • distance—should have takes
(what certainly was not a common occurrence in that
court), an serontutic espedition from Rochester to
the eery extremity of Drvonshire. Bet this transfer%
which nothing bet an Act of Parliament could sane.
title, had, it would be alleged, the sanction of the
Comet of Chancey'. He found, however, from one,
tepid, that no person attended to oppose it; mad
without disrespect tour one, he would say this—that
whether it was opposed or not, there were no cir-
comstesces could glee it validity. He understood
that the pithiest would be oppose), on the gaoled
that the fonds were sot adequate to replace the chit.
tity, without raining the new institution. He theu
argued, that io • legal view, that could not be
sostaleed sten objection, since, if there were funds
stall, restoration must be made without regarding the
Worms of that to which the other bud been made to
tolerate; and that if persons who received salaries et
Crediton should innocently suffer, they would only
be subjected to the same hardship as persons who
happened to bold property by tenures which, on en.
elution. were sot fund to be valid. The nog-
&racy of the cue mast give place to the law of the
ease; and on that ground be contended, that if the.
order of the Coen 'Auld tend in i. jore, to dionintsh,
M seen to annihilate, tbe charity at Crediton, it meat
e curia into elect MI far as restitution was re-
'sired.
Mr. MIT, for the Defendant, ash!, Host the be.
"test did tortoise the pariah of St. Nicholas Putative
besefit ; it only determined that that parish Auld
oat be 'selected by soy discretion of oho trustees.—
The will of the Imitator empowered the trestees to
convert the estate into money ; it directed that the
lest survivor of the trustees nominated by As testa,'
should bare the contrast of the charity; end that.
the contrast should &trend to hi, baits and retire-
sentetiees, as if it had been iotended by the testator
that the trustee Afield have the charity under his own
eye. Accordingly, Mr. Beller, the 'mow, basing 1
removed from Kent into Devonshire thought the
charity might be more beneficially establisbed in the
latter county. He thee referred to the 1 Re-
ports of the Master, improving of the plan proposed
by Mr. Beller, sad observed, that if his Client had
erred, be bad done so is good compsoy. As to the
propriety of *sin the aliquot proportion so which
the perish of St. Nicholas was entitled at 501., that
was net the geesties now ; that proportion which it'
was sow sought to alter bad been allowed since the
year 1651.
The Loss Cnancetecte. said. the report of the
Keefer is 1803 stated the plan of appropriating the
look, without making say allowance to Rochester.
'phi wily of Sir John Haywood gave the treaties
power to sell if they thought proper, bat particular
esprd is the appropriation of the funds was to be lied
to the parish of St. Nicholas. It was another quo.
lion, whether or not dust parish should hive such as
allowance as world bear the same proportion to duo
whole rents sad profits at present, that sot. had to
the whole at the time that sum was MINI. It eight
bo-soW, that the trustee had a discretionary power
on that point ; bet safely it was eaercising toe Vest
1 discretion to give nothing at all. In 1803. Meeteel
'SUWON reported, that Rochester had no claim ; but
on being ordered triter wards to review his report,
hot
reported that it had a right, and ought to receive 501.
No wished to knew if there were any fends to pay
that sem.
Mr. lIART said, there were. Mr. Mellor. the Inn.
tee, had gradually ,educed the number of Wires,
be raking care that those who left the workhouse
should not be replaced by others. By this eating, a
fund had beets formed sufficient In ply the art
since 1791. and alto In confiner the alittlftil I of ra
Lordship would recollect, that there %Lt d yeti
ec.

lion front Mr. Bailer. which, it was understood, wa•
to cows nn at the same time with that now hrfore t►e
Coen. The prayer' of that p►tition •a.. 'that hi•
Lordship would order the annual 10. of 1501. 'Ping
1.4111 of the whole, to be paid to the p.iith of St.
Nicholas; and the remaining three-ft•rttha to go
to frontline the 'boathouse at Crediton ; or than
Corot world adopt any other plan which it might
think proper.
Mr. Snitworrost followed on the same aide.
Mr. &JUDI/ILL spottied for the Governor of
soother charity in Crediten, which, by a former or•~
der of the Coen had been contorted is some man-
ner with Ibis sew institslios. Ile said, that the
sooner the cosiselion between the two institutions
was dissolved, the bettor for his Client,.
Mr. IllAwris replied ; and the Lord COW/CELLOS
said, be should give his judgment on the two Pe-
titions en Monday morning.
It is bet jestice to Mr. Boller, the Defendant, to
state, that the Lord Chancellor, and the Counsel en
both sides. declered their conviction that in his con.
duct he had been actuated by the purest motives.

111 G II COUR? or AD .1111t4LTY, Nor. 4.
THE SHIP Pt FREDERICK.
This s', the case of the Prins Frederick, a Deich
74 (but et lb. time of Om salvage to "site), laden
with a valuable amps, sod on Ner voyage from Ba•
taria. Ban in great distress off the western coast
of Englaud. 'eke made sigmas for assistance, which
was promptly afforded, end in cousegeence of which
else was at length- waked into Plymouth berboor..--
On the pert of the salvors, the 'seal warrant was
granted by this Cosa, under tire date of thet.sth of
October last, and served sable the Ceptalis was be.
low, by the proper Officer; bet en his Deputy's at.
tempting to lake possession of the ship, with the
costomary forms, the Dutch Coptsio assailed him
with the most insulting lanpage and engentlenteely
behevioor : he threatened to threw bias everbeerd, if
be did not quit lb. ship immediately, after hating
etbereise pot bins in fear of some penonal danger
sod pomishmast in the event of attempting to execute
his orders. Thetsfficer was, in goesetieence, obliged
to lease them aseseceled.
Dr. LvintecroW, on behalf of the salvors, moved
the Calm for a warrant of attethisent as against the
penult of the Captain (the former oat eateeding
the ship and serge). He cosh/sided that every pikH
sible coesiderativa bad been shown for the situldaw
of this passe, sod the character of his Govereelent.
Immediate information bad been transmittal to
Ambassador to the King of IN Netherlands is Limo
don, as well es to his Cassel resident at rtrastalb.
The conduct of the Captain, under then ehltem-
stances, was a smoifest contempt of Court ; and the
Leaned Causal maintained, that the coarse he had
proposed it. submitting his motion, was rho only one
that ought to be pursued in this case.
Sir W. Score asked, W any appearance had been
given en behalf either of the Ambassador or of the
Con's' ?
The litso's Anvocatre replied in the negative.—
Ile was a waretbat' therefore, It was only by the In-
dulgence of the Cms!l that ho could mike any °boor-
'alien en the ease before 11-: bat he suggested, that
it was one of great nicety, seeing that the for•iets
officer's instructions could not, most probably, cos.
template the occerrence of the events in googlies.
Dr. ARNOLD bad also, cenjoiotly with his Ms.
jests's Advocate;' betelectisifelted by the Consul Gel
this occasion, and hoped that proceedings would be
suspended. The Captain war, in some ',egress, en.
trusted with the honner of the national ll.g ender
which be was sailing; end it might be fairly pre-
sumed, was more saviors for the pseservation of its
rights than the observance of his duties. Ho frosted
that time might be allowed, in order that be might
communicate with his Goverement.
Di. LUeIIIII4ITOPI insisted that this was the nee of
a ship which had sagest, and been assisted by Ike
aid of British vessels, by whom she bad been brought
within British territory, and under lbe joriadiction of
his Britannic Majesty. How, then, could it be
urged, that this was a case of any peculiar nicely ; or
that it could be necessary for this Officer to make
any reference le his own Goteronseot ? con.
duct bad been clearly most reprehensible, and was
clearly within the reach of this Court. Bet he wholly
objet ted to the precedent of thli Officer's being al.
lowed to ask for inarffictions from a foreign Govern-
meat. Was this Costa to wait each delays iris case
like this ? Suppose the vessel had been an American
alp Res%i•ii, was this the way in which this country
was to run the risk (he 'mild not pat it other-
wise thus conditionally) elf having its autbotity Jo-
varied ?

gir WILLIAM SCOTT irked what fo►ther time the
other party went to epply for, before the warrant
of ottachment shoeld be granted ?
It was inflamed that a forteight or three weal

would be stifEcient.
Sir Wit.LIAW SCOTT wishOd to know, whether
the skip, In csee •f the 'lmpassion, would remain
certainly in her port, and whether these was any in-
tention of proceeding ?
The KING'S A DVOCATC hid no AMMO of answering
positively, but the ship being a complete wreck, he
presumed the Court had every omens of protecting it-
' self, whatever it might deride upon.
Sir WILLIAM SCOTT said the Cued felt a A•sit.. a•
act with the greatest delicacy towards foreign hates,
on occasions of this sort, and cettsinly not the less
so ia regard to the State in question. This was dr.
scribed all n ship of oar, but her present 'Rotation
was that of • merchant vessel, clearly ; and the other
teasels which hart applied for this warrant were as
clearly entitled to remuneration for salvage seivi:.e.
There might he reasons on the pert of the fore;gn Mi.
oitter here for the delay. which he was inclined to
'esprit; but the lliitish Claimant mast be protected.
If he sieve given to 06..1.'1114nd that this ship would
not he removed, h...meter hr cnuld not object so the
warrant's being deferred for • short time ; and this
he dp,,iirit, might be I,ignitietl to the Minister, is ho'
represented his Gomm:tent in this country, scenes-
parried with an intimation that such riming Li meat nII
nn actment lake place. The Glut,. in cerielsoinn,
observed, that it thrombd gent the W*Mett of attach.
eliteS4 OP assurance of her continuing in tort
were speedily given him, which might Im doom he the
proper wiliest, when in eilat'lnd. Ott, .(Cuur,, ith•
uut erc.ii,•: for tht' nri. C.riv