The Statesman.
London, England, 1820-12-21 00:00:00

LAW INTELLIGENCE.

COURT OF CHANCERY, Dec. 20.
THU ATTORNET-WINIRAL, AT THE RELATION OP THE
NARQUISS Or BLANDPORD, V. THE DIAIR OP MARL-
HOPOCOH.
This case occupied the attention of the Loan CHA N-
MAAR, and his Honor the Vica-Coarscattoe, this
day. in the first plate it came before the latter on
the motion of Mr. Heald, who said hr was instructed
to move for a writ of seytestration against the Duke
of Marlborough, awl also that certain of his servants
(the wood-cutters) might stand committed to the cus-
tody of the Warden of the Fleet Prison, for the in-
fringement of the order of the Lord Chancellor, re-
straining the parties from cutting down the timber or
trees on the estate of Blenheim.
This motion gave rise to a long conversation be-
tween Mr. BELL. Mr. HEALD, Sir DEO. HATIPON. Mr.
WRAT, Mr. Stennovaam, and the VI:It-CHANCELLOR,
which ended in the case bring sent to the Lord Chan-
cellor, on the ground that under the Act of Parlia-
ment appointing the Vice-Chancellor, he could not
bear pay appeal from the Lord Chancellor.
The LORD CitaxceLtoa, on being informed of what
bad taken place in the Vise-Chancellor's Court, ex-
pressed every wish that his Honor should hear the
ease, and it was accordingly again sent hack to him,
the Lord Chancellor having expressed his readiness to
empower him to do so.
It was subsequently again mentioned by Mr. Heald
to the Vice-Chancellor; and, after a conversation of
some length between the Counsel above-mentioned, or-
dered to be set down for hearing this day.
-
COURT OF KlNti'S BENCH. Drc. 20.
London Adjourned Sittings after Michaelmas Term, before
the Loin Cesar JCITICt and Common Juries.
PEACOCK V. GO4hT• H.
Mr. Denote stated the facts of this case to the
Jury; they were shortly as follows:—The plaiutiff is
a saddle and harness maker in Bishopsgate-street.
The defendant is executor of the late Mr. Mestere, au
eminent ship-builder : and this action was brought t•
recover the sum of t 3 If. I ss. 3 I. for goods sold by
the plaintiff to Mr. 3letacr, and for repairs dose.
The amount of the demand, though large, was not ea•
traordinary, as the late Mr. Mestaer kept front fourteen
to sixteen horses, and three or four carriages. The
defence which he understood was to be set up
was, that the harness which had been supplies!, and
the work which had been done, were by the order and
for the account of a Mr. Richardson, who had been
an initiate at the house of Mr. blestaer, and had since
fallen into embarrassed circumstances. He should
prove that some of the orders wee gives by the Mee
Mr. Mestaer in person, and that be constantly em-'
*red the plaintiff as his saddler and harness maker ;
and, if it were necessary, he ronld prove, by three or
tour witnesses, that Mr. Richardson bad given orders
for things which bad been afterwards paid for by Mr.
Mestaer.
Several witnesses were then called, who proved the
facts as above stated.
Mr. Scantave, for the defendant, said, that his
client in this care knew nothing of the merits of it.
He was Mr. blestaer's executor, after whose death an
advertisement was inserted in the papers for all per-
sons who had claims against his estate to come in and
prove the same before a Master in Chancery. The
plaintiff, after some little delay, accordingly made his
claim before the Master, who had rejected lt, and it
became therefore the absolute duty of the executor to
defend the present action. The real circumstances of
the case, as he was instructed, were these. Mr. Rich.
unison, who was on the most intimate terms with the.
late Mr. Mestaer, of whose hospitality he had fro.
gurntly partaken, had an intention of presenting to
hint some harness which he had rurehased for him- ,
self, and accordingly seat it to the plaintiff, whom he I
had before employed, and gave orders to him, On his OWD
account and credit, to make the necessary alteration.
in the crest, &c.
Mr. Richardson was en expensive man : and the
plaintiff probably learning that he would nut be a good '
paymaster, had on Mr. Meataer's death, put in his
claim before the Master, and the account he then de-
livered, had a reedit of In/ 10s. fur the ornaments,
and some parts of the brass harness, which was in ex-
act conformity to the agreement made wills Mr. Rich-
&Odeon, when he gave the plaintiff directions about
the alteration of that very harness previous to his pre-
senting it to Mr. Mestaer.
Mr. Richardson was called and examined, but his
evidence only tended to chew that he had given some'
.isle orders to the plaintiff, but had not then informed !
him they were to be on hie own account.
The Jury, under the direction of the Learned Judge,
found a verdict fur the plaintiff—Damages 22.3!.

LIVT P. HAAT.
'nil. Ku au action upon a bill of exchange for
VI/. of whirls the defendant was acceptor. The de-
fence set Itp was, that an usurious interest bad bees
paid when the bill was discounted by the plaintiff ;
and the drawer of the bill, who had been discharged
nuttier the Ineolrent Debtor's Act si,ce the bill be-

mite clue, positively swore that he had given the
plaintiff two pounds for the discount, and a farther
sum of two ponnds when the bill became due, to hold
the bill fur three mouth; longer, which he accordingly
did. He also swore that he had Dot called oa the
plaintiffs attorney nor made any proposition to him.
The attorney (Sir. Imam) ass then called by the
plaintiff's. Counsel, and swore that the drawer of the
bill (the hat witness) had called on him several times,
our, within this month, to Lobe propositions to pay
th, debt and mate.

The LORD. CH I eIP J efsaid, that undoubtedly es
sue side or the • other there had been gross perjury
committed.; it war. for the Jary to say to which teed-
wont, they gave reedit, awl their verdict would he me-
cerdingly.
The Jury esosolied together for a shart time. sod
then returned a verdict for the defendaat.

Amr_._.-.,•-•••-•-••••••••••-••=prc7. y
COURT OF COMMON PLKAL GIVILDIBALL. Dr. 00,
Sittings before Judge Paean tad a Spatial Jer). •

COBH V. DIAGNAT.

This was an issue from the Court of Chancery di-
rected by his Honor the Vice-Chancellor, to try whe-
ther an insurance against fire had been fraudulently
effected.

Mr. Serjeant Less stated the ease. It was a ques-
tion of some importance, be said, not only with • re-
stew to property, the rum at issue being •1 or 5011 W.;
but it involved a consideration of still deeper import-
ance, namely, the honor and eharactet of the defend-
ants, one of %horn was of rank, and likely to enjoy
the highest honor the city could confer. Messrs.
Magnay and Pickering were proprietors and directors
of the Globe Insurance Office. In 1809, they did
business with a paper•maker, of the name of Pyin, at
Exwiek, in Devonshire ; and in the course of their
dealing, Magnay and Pickering advanced sums of
money, for which they took securities. Pyrn having
inetred his mill and property in the Globe, the pre•
mists were burnt down, and he obtained his claim for
the loss. The plaintiffs, who are directors of the Globe,
charged the defendants with urging the payment of
the claim to promote their own private benefit ; with
concealing their knowledge of air dishonest character
of l'ym, and nsing their influence as Directors to get
the money paid by the Company. It was stated that
Pym had insured fur neatly double the amount of Ilia
property.
After the opening speech, several witnesses were
called to prove the plaintiff's case, but the whole failed.
and Serjeant Leos gave up the cause, declaring the evi-
dence did not support the charge.
The Jury found a verdict for the defendants., and the
Jull.-e intimated that the honor and character of Messrs.
Maguey and Pickering remained unsullied. The Jury
also declared that the character of the defendants was
nut in the slightest degree tarnished.

NdlrTlCal, INTELLIGENCE.
The English ships Nlinerea, Bell, and the Stentor,
Harris; also the h ship Zelemn, Newrenillurg;
and the American ship Malabar, time, were loading
at Sonrabaya on the 10th Sept.
The Argo, Harrison, in entering Shields on Satur- •
lay, duritix a tremendous gale from S. S. E. was
struck with a sea and thrown upon the rocks near
the Spanish Battery, and bilged. Crew and mate-
rials saved.

The Rea9'ntion, of London, Blaney, from New-
fon:idiom! to Liverpool, and the John and 31ary, from
Cork to Falmouth, were driven on shore near Kin-
sale, on the 15th instant, and it was feared wonld
to pieces. Crews saved by the boats from the Awe,
with much difficulty.
_ _

The F.leonora, Pratt, from Pillan to London, whirls
was driven on shore early last month, near Salt-
fleet, has been got off without much damage to the
carp.
The Mei Wallace, M'Clnne, from Hull to Liver-
pool, was driven on shore near Willett, on the 3J in-
stant. tit baa been pt off without damais.
CaLcurra. JUNI 21.—. The ship Pilot, having
struck on a .ock off the Andaman', is returned here.
Her cargo is supposed to be damaged, and n• doubt
she must p into dock.
Dswrisoerii, Dec. 18.—The whole of the cargo of
the Skylark, Poole'', consisting of dry goods, is boil-
ed, and great hopes are entertained that the vessel will
be got off.—The Lord Wellington, Tickle, is entirely
gone to pieces, and the few articles saved, will be sold
by auction on the 20th instant.
YARMOCTU, DEC. 19.--The cargo of the Elisabeth.
of Dartmouth, Ball, from Hambargh to Bristol. run-
siating of bales of wool, is all landed. The vessel
still remains on thesand, and, if the weather continues
fine, it is probable she will he got off.
Vrvset.' "rotor( W rm.—Catharine, Endicott, on
the 17th Sept. from Liverpool, out 95 thy, for Ba-
tavia, in the Straits of Sends, all well : Red-
wing, on the 10th Nov. crnizing to windward of `t.
Helena ; squadron all well ; and American brig Han-
nah, on the Ist Dec. from Portsmouth, N. H. for Rio
Janeiro, lat. 12. 00. lon. 23. 00. 52 days out, by the
Restitution, Messervey, ari iced at Cowes.

Last week a destructive fire broke out in the sizing
house, near Water-street, Blackburn, belonging to
H. Slidell, Esq., and occupied by Mr. W. Halton. :1
strong easterly wind blowing at the time, tended to
strengthen the flames, which raged with irresistible
fury. The whole of the interior of the building was
consumed in a short time, together with the utensils,
warps, &c. One part of the building was occupied by
Messrs. R. and R. Railton, machine makers, the
whole of which, including their valuable machinery,
shared a similar fate ; also a small engine of One hors
power. which had just been completed, and was to
bay* been fixed up this week. The property destroyed
is to a considerable amount, but nearly the whole is
insured.

A fire broke ont on Thnrclay morning last, at three
II o'clock, at Lard Spencer's venerable and magnificent
mansion at Althorp, but it &Cords us at the Mild time.
the sincerest pleavute to add, that' it was I xtiagnished
after the destruction on!c of one of the offices where
it originl.t. d. Owing to a plentifid supply of water,
and the enginesbelonging to the honse being in excel•
lent order, and welt served, the 11:•mes hid) raged
furiously) did not extend beyond the premises just
noticed. Thus, probably, the most magnificent pri-
vate libriry in Europe I. been sired.

DIED.
At Alexandria. nn the I3th of Adjust last. of a bilious
fever. Nathaniel Pearce, Esq.. the celebrate.' Abysalalan
traveller. Mr. Pearce, was a native of Aetna, near
On the 166 inst., at Clifton Wood, Bristol, at as silmrso-
wd env. Levi Ames, Esq.
[We were imposed upon when we }osterday amounted
the death of Eitnert Kaerpinning, Esq. of Windsor;terrace,
many years chief clerk at Meson. Harm. and Co.'s. The
' statavairat was autheatiestal. as NNW, at the eine. Yr.
Kaerpinaing, who is • eery respectable old grodowan. 'a.
we are happy to learn, in good health. in slis moreing
paper of yesterday, the same gentleman Is whiM to have
be.. married: sod in soother his wife is mr dee have been
Witty sielireeed of tale soma. Weshall be happy breatlet bier
is tracing the hatostere.l
Leaden: WMaYI. Pissed, and !abashed at Abe more of
" Tna gingen eet" and Ten Conerrru pee" (hm*
Paper) N. lei, Strand, opessite bt. elefuent'ejelittreti.
by R. WARINCLI.. inm., LL. R.: to -mhos ell Cow
atenstatieas, Ortkri, Is. are reviewed to be addressed.