The Statesman.
London, England, 1821-11-21 00:00:00

This Wag pope day, the Coats beard special cities

argued.
Tug sail. OF .IiSSIT V. DEAD.
This settee was ordered by his HoneUr the *tee-
Cnawestassa, for the purpose of taking the judgment
of the Court upon the legaloperatioas of a fine passed
by the Seel and Lbontess of Jersey. The qtteetion ap-
peared to be whether this ape occasioned the forfeiture
of an estate conveyed to Lady Jersey in her marriage
settlement.
Mr. Lives, ea a former day. was beard is behalf of
the Nehle mime be esesemind, upon varieas
..411‘111101111to eineetlea wild not be di-
veseed tbe Octset et L
ys client.
this da argaed. tiat dm fine operated
as a forfeiture a the estate.
The Lose Crone JOSTICS, after Mr: Lynch had
bees beard in reply, intimater that the Judges would.
take time to teasisier their jssagesent. He observed,
at the MOW time, that the case had bees well argued
on both sides. and much to the benefit of the clients.
DOS OD Milli OF COLS V. 501111 VITSGSRALD,
This was an action of ejectment sent by the Vice-
Chancellor. to recover possession of certain premises
in the parish of Romsey. in the county of Hants.
It appeared that John Ft.:send& Esq. deceased,
was seised is fee of the premises in question. They
consisted of two old dwelling houses, I:nown by the
name of Ilmmtchamp. fronting the Turnpike-road in
Rooney t two cottages to the west, and four other cot-
tages fronting Levedane.with other premises. is 1810
the two cottages were pulled down. and in August,
1812, Mr. Fitzgerald began to build a new dwelling-
house on the site of the two cottages. On the 17th of
Nov. 1812, he made his will and devised as follows:
.-s-14 I give and devise my dwelling Loose and premises
at Massey late Blizaheth Cole. of NososeF, for and
darlig her natural lite. and after ker deat4 I give and
devise the slid dinning-house. garden. and premises
to her Zoo, disehge Fitzgerald Cole, now an infant, who
was baptised is the parish of St. Giles in the Fields,
in the amity of Middlesex, to hold the same premises
to the use of himself and heirs for ever; but in case the
said George Fitzgerald Cole shall depart this lifeunder
age. and wittiest issue, I direct the said dwelling
house. garden, and premises shall become a part of the
residue of my estate and effects." The Testator also
gave ohs. Cole all his furniture and effects. his
estates at 'Wesfetd and Waterford, in Ireland, be gave
to John Terser and John Peru% his heirs. MIS
C04484-foltobited many years with the Testator. and
ibeo F.Votit was her son by the Testator who
Ated Xrreitlirmisia will. Before his death he
moved out of the old dwelling-house called Bean-
champ. to the sew horse he had built upon the
site of the two cottages. and the question was
raised, whether the devisee took the whole of the Tes-
tator's property at Heaney under the words house,
garden, and premises, seed in the will ; or only a part
thereof, consisting of the old dwelling house, and
ground adjoining, without the new house, cottages, and
other premises. The tptestion MUDS in the shape of a
special case before the Court.
Mr. DiNallAN, as Counsel for Mrs. Cole, contended
that the whole of the Testator's property at Romsey
passed under this devise, and that it was his intention
to give her all his property at Ramsey.
Mr. 'loam, on the other side. argued that the lessor
of the plaintiff was sot entitled ander the will to possess
the new house sad cottages, which were to be consider-
ed residuary property.
The Court were clearly of opinion that all the Tes-
tator's property at Romsey passed seder this de,ise,
and gave judgment for Mrs. Cole, who will consequent-
ly be admitted to possession of the whole estate.
The LOAD elllgr JUSTICII, at two o'clock, when
the Court were rising to meet the other Judges in the
Court of Excheqaer Chamber, said, he understood se-
veral persons were attending to receive judgment; it
would therefore he best to proceed with judgments
tomorrow, Thursday, and Friday.
Mr. Pt.ta*ON reminded the Court that they had al-
towed him to move this day or to-morrow, for a crimi-
nal information against two Gentlemen, one of whom
was a Magistrate, fur abase of authority.
The LoaD CMS! JCSTICS.—We will hear you to
morrow.
Mr. Psaasms—Unless it come on to-morrow some
dithculty grill .eattendl the proceeding.
The Loan Cotter it/slice repeated, that the Court
would bear the Learned Counsel to-usorrow.
The Judges then went to the Excheqner where the
twelve Judea heard arguments of Counsel upon a
'a.% arising on the trial of a criminal ease.

ADMIRALTY COURT, DOCTOR'S COMMONS, N0y.20.

SNIP RELEASE, AARON, MASTER.
Thiswas a question respecting the arrest of a ship
on Bottoutry Bond, under the authority of a warrant
issued out of this Court, where bail for the amount
had been tendered, and rejected by the holder of the
bond—whether in such case the holder was compelled
to accept of bail in lieu of possession. That as this
proceeding in rem. against the ship itself, notwithstand-
ing the practice of the Court to allow bail to be taken i
in such case, yet it was competent to thiholder of the
bond to reject such security where the bail was deemed
unsatisfactory; and especially wiser, the character of
the owner was liable to serious observations.
Dr. J. ARAMS did not deny the authority of the
Court to accept or refuse bail, but according to gene-
ral usage and custom he contended that good and suf.
Weal bail should be accepted.
Lord STOISEL deeided that, the proceedings being
in rent against the ship, as the property from wbenee
the funds should arise to satisfy the bond in question,
and the Court baring granted a warrant against the
Iproperty in rem, bait therefore conld not be accepted
without the consent of both parties:

Monday night tens the first time of lighting St.]
James's Pori; generally with gas. The lamps we
pliced closer together than those the directs, a*d
i produce a roust spko.lid effect.