ENGLISH EXTRACTS.

New Zealand Colonist and Port Nicholson Advertiser, Volume I, Issue 78, 28 April 1843, Page 3

ENGLISH EXTRACTS.

Roll’s Court. Count Battiiyany v. thk Earl of Chesterfield. This cause came before the court upon a general demurrer or want of equity. It was a bill filed by Count Gustavus Batthyany against the Earl of Chesterfield, Eleanor Suter, and the Hon. Charles Robert Weld Forester, and it prayed that a deed bearing date the Ist of May, 1841, might be delivered up to be cancelled, and that the Earl of Chesterfield and the Hon. C. R. W. Forester might be restrained from taking any proceedings upon the deed at law. It appeared that in 1841 the plaintiff became acquainted with Eleanor Suter whilst at an inn in Northampton, and as an inducement for her to come and reside with him he executed a deed by which ho bound himself to pay to the Earl of Chesterfield and the Hon. C. R. Wi Forester an annuity of 300/. a year, during the joint lives of himself and Eleanor Suter, and also to keep up policies of assurance for sums amount • ing to 6,000/. which were to be paid after the death of the plaintiff, provided Eleanor Suter should be then living. After the execution of this deed, Eleanor Suter did come to reside with the plaintiff, but after one little month she left him. and as scandal says, not to live in single blessedness. After this desertion it did not appear whether time went on slower, but it did appear that the trustees on each halfyearly day of payment of the annuity requested the plaintiff to pay one-half of the sum of 300/. by virtue of the deed; this was objected to, and the consequence was that the present bill was filed to have the bill delivered up. Lord Langdale said that the deed stated that the plaintiff had lived with this woman, and that he desired to make a provision for her. It did not appear that it was immediately delivered over to her. It was now alleged by this bill that she had not previously lived with him, but that it was given for an immoral consideration, and consequently that it was void. But in such cases the question was, whether the plaintiff so presented himself to the court in such a way as to entitle himself to the benefit of the jurisdiction held by this court. It appeared that the woman left the plaintiff, upon which, it seemed, he began to think he had not acted quite prudently, and he desired to be relieved from the deed he had executed, and he framed his bill upon the ground that because it was executed for an immoral consideration the court will order it to be delivered up, and also upon the ground that the woman had forfeited all claim upon him—that therefore she had • forfeited something she was entitled to under the deed. She might have returned to a moral life. It was, however, alleged that she had gone to reside with another man, and that by her conduct she had forfeited all claim upon him; Could it be doubted but that disappointment was the ground which induced the plaintiff to come to this court ? If, therefore, a party par - ticipating in immoral conduct comes here for relief, it must be upon grounds which the court could listen to. He had not come here exclusively stating such ground, and therefore the demurrer must be allowed.

The Trial of Suisse. —Some notion may be formed of the heavy expenses attending the defence of Suisse, the late Marquis of Hertford’s valet, from the tavern bill sent , in to Suisse’s solicitor for the refreshments, &c., supplied to his witnesses during three days only, which amounted to 257/.; to which was added 71. 10s. for “ waiters, chambermaid, and messenger, 2/. 10s. per diem as desired and for “ sundry broken glasses, 1/. 9s. 9d.making the whole amount to 266/. 13s. Id. Mr. Thqsiger had 300 guineas with his brief, and Messrs. Clarkson, Chambers,. and . James, 50 guineas each. Suisse is at present residing in Paris, and the whole amount of his. fortune is stated to be little short of 400;000/. Collisions at Sea. —Several Lives lost.— On Sunday afternoon last the Caledonia steamer, from Hamburg, arrived off Gravesend, having in tow.a vessel called, the Louisa, belonging: toSt;. Petersburg, which: had been met.with, disV abled; and ho;person; on; board, drifting;: about the: German L Ocean. , The> supposition entertained by 'the. Cnledonia'.s crew, upon; coming; up with the vessel was that she was seriously injured .about the hull and, rigging. , Since then it has. been ascertained that, such was really the. case.. It happened on. the night of the, 3,oth. of last raontlj, during a violent gale ; of wind from

the south-west, about seven miles off’ the coast at Orfordness, and the other vessel proved to be the Swedish brig Renanchc, belonging to Marseilles. The crew, expecting the vessel would go down, jumped into the long-boat, and made for shore, which they succeeded in reaching in safety. They say they shortly lost sight of the vessel, from which they believed she had sunk. The value of the Louisa is reported to be at least 1,600/. Accounts havq been rceeived of the total loss of the barque Jackson, Captain Caithmer, belonging to Dundee, which is said to have resulted in consequence of her coming into collision with another vessel on the night of October 29, near the east coast of Gothland, while on her voyage from Liverpool to Dundee. Her crew consisted of twelve individuals, of whom five met with a watery grave, namely, the mate, two seamen, and two boy . The rest saved themselves by the ship’s boat. On Friday week, the 4th instant, a dreadful collision occurred in the Channel, occasioned by the darkness of the night. It took place about eleven o’clock, near the Skerries, between the Reform, a schooner, from Tralee to Liverpool, and another schooner, name at present unknown; Such was its violence, that the former commenced filling rapidly, and there was scarcely time for the crew to save themselves before she went down in sixteen fathoms water. She is insured for 800/. On the same day, another schooner, named the Hope, was run down at the entrance, of North Shields harbour, by the Union, a brig belonging to that port. The latter was driven into the harbour under stress of weather, and it is described to have been entirely accidental. There is some chanee of her being raised if the weather moderates. The schooner Sarah, from Swansea for Waterford wa3 lost on Friday morning, at Poor Head, county Cork. The crew were saved, and taken into Cork, by the Ann, from Ipswich. The Symmetry , Williams, has sailed from Galway with a cargo of Connaught wool, for Ostend. Loss of three Pilots. —Last week three pilots, Richard M'Greevey and two men of the name of M‘ Keown, went down to the Belfast Lough, on the look-out for vessels, and on Friday morning the boat in which they went out was picked up near Bangor, with her stern out. It is supposed that either the boat had been run down bv a steam-boat, or had been capsized in a squall: the former supposition, it is to be hoped, will prove correct, as there will be then a greater probability of the men having been rescued from a watery grave.

(From the South Australian Register.) So Captain Grey’s golden bubble has at lenght burst! After attempting, like the fly on the wheel, to embarrass the monetary operations of the colony by running upon the banks for specie, he finds that he is only playing upon the hole of a cockatrice, the quarter-of-a-milllon of bullion in the Bank of South Australia’s strong room being more than a match for his falling revenue, his empty bags, and his bankrupt coffers ! Accordingly yesterday his Excellency admitted to one of his under-strappers that he was sorely beaten, and quietly sounded a retreat, the “ Rogue’s March” not being played “by particular desire.” He has already opened a revenue account with the Bank of Australasia, ordered his secret hoard to be removed thither, disbanded his mounted guard, and told Mr. Gouger of Captain Frome, we know not which, privately to dispose of the three-score bags which he and half-a-dozen sempstresses had been stitching for some days past, just as he told the former, on another occasion, to “ put away” a certain unwelcome and truth-telling despatch from the Bank, and not to let it appear with the office correspondence. The records of Banking and Government would alike be ransacked in vain for a parallel case, either in the malignity of its conception or its utter abortion.

So indignant was the meeting held the other night for the purpose of making arrangements for the public meeting to petition for Captain Grey’s recall, at the announcement of the detention of the Flora for the payment of Port charges, that a subscription was at once set on foot and the amount collected ; but the amount having been previously paid by Messrs. Bunce and Thomson, unknown to the gentlemen present, they determined to apply it to some public charity. It is stated, that in consequence of the high rates charged at the AdelmA|, mills for grinding corn, the Farmers’ Club have determined to erect a flour-mill in that district.

The Psyche, which arrived at Holdfast Bay from Singapore and Swan. River on Sunday last, disposed of the greater part of her cargo at , the latter place. Shq. brought here about 80 tons of.sugar* and; a little sago; but the captain is doubtfulrwhether he willdischarge, the Fortfield haymgf. so y.arapiy. the market. She experienced;: »very rdtigjfr weather : during her Swan, and was a month coming up. - , Solon compared the people to the; sea, and orators and: counsellors i to. the winds ; for that tlie sea,would be calm and quiet, if: the;winds did; not. trouble, it.

Hints 'io New.s-room Monopolists.—lri a country news-room the following notice is written over the chimney: “ Gentlemen learning to spell are requested to use yesterday’s paper.” In a proclamation of the Emperor of China called forth a few years since by the troublesoma increase of appeals from the provinces, his Celestial Majesty enjoined “ strict seach to be made to discover all law-suit exciting blackguards, and when found to punish them severely.” The Michigan White Pigeon Gazette says, “ A neighbour of ours informs us that wood goes farther when left out of doors than when housed—some of his having gone upwards of a quarter of a mile in one night!” The editor of the Nashville Gazette is said to be so handsome that, when he walks abroad, he is compelled to carry a club to keep the ladies off.