5.--A fine brig of 200 tons was launched from Mr. J. S. Southgate's
shipyard at Wells-next-the-Sea. She was christened the Rambler, by Miss
Ellen Rump. From Mr. Henry Tyrrell's yard at Wells, on September 3rd,
was launched a new schooner, called the Gem.
11.--The Testerton estate, near Fakenham, comprising a residence and
676a. 3r. 6p. of arable and pasture land, let on lease to Mr. Thomas
Henry Case, at a rental of 1,105 pounds per annum, was sold at the Royal
Hotel, Norwich, by Mr. Butcher, for 34,500 pounds, exclusive of timber.
The purchasers were the trustees of Mr. John Morse, deceased.
16.--Building sites in London Street, Norwich, were offered for sale by
Mr. F. Clowes. "The highest price made was at the rate of 9s. 0.5d. per
square foot, or 20,000 pounds per acre."
--The new cemetery at Yarmouth was consecrated by the Right Rev. Bishop
Spencer, acting for the Lord Bishop of the Diocese.
21.--An inquiry was opened at Yarmouth by Mr. W. D. Boase, one of her
Majesty's Charity Commissioners, "into the present circumstances and
administration of the various endowed charities existing in the borough,
with the view of hearing any complaints that might be made, and to
suggest improvements in the disposition of the funds." The inquiry
concluded on the 24th.
23.--A performance of Costa's "Eli" was given by the Norwich Choral
Society, at St. Andrew's Hall. The principal vocalists were Madame
Rudersdorff, Miss Dolby, Mr. George Perren, Mr. A. Mann, Mr. Weiss, and
Mr. Thomas. A performance of the same oratorio, under the personal
direction of the composer, had already been advertised by Mr. Gedge, of
Heigham Grove. The Mayor (Mr. J. G. Johnson) had given permission for
the use of the hall, and his action was sharply criticised at the
meetings of the Town Council and in letters to the newspapers. The
following announcement was published on July 19th: "'Eli,' for the
benefit of the Norfolk and Norwich Hospital, under the direction of Mr.
Costa. Postponed. Mr. Gedge respectfully informs the public of the
county and city that, as the Town Council has thought fit to set aside
the Mayor's prerogative and fixing a day for the performance in
opposition to the one he announced under the early sanction and promise
of the Mayor for the Assize week, in St. Andrew's Hall, and as the
Council thought fit, at their last meeting, to determine on other
restrictive demands, of which he received a legal notice this day, he has
resolved to postpone 'Eli,' under Mr. Costa's direction, until a future
opportunity, when he trusts he shall be able to benefit the charities and
at the same time to gratify the public."
26.--On this date was published a report of the action, Beaven _v._ Lord
Hastings, heard before the Vice-Chancellor, Sir W. P. Wood. This was a
bill by a bond creditor of Edward Astley, deceased, praying an account of
the sum due for principal and interest upon his bond, and a decree for
payment against the defendant, Lord Hastings, on the ground that he had
made himself personally liable to pay the debt without regard to a
sufficiency of the assets of the late Edward Astley. The bill also
brought the declaration that the defendant had constituted himself
executor _de son tort_ of the intestate Edward Astley, and was
accountable on that footing to the plaintiff as the rightful
administrator of the intestate. Mr. Astley, who resided at Eneilles, in
Belgium, having borrowed 1040 pounds from the plaintiff, gave his bond,
dated July 3rd, 1845, by which he became bound to the plaintiff in the
penal sum of 2,080 pounds, with the condition for defeasance upon payment
on July 3rd, 1847, of 1,040 pounds with interest at 5 per cent. A
warrant of attorney at even date was executed by Edward Astley, but no
judgment was ever actually entered up under the warrant. In April, 1846,
the dead body of Edward Astley was found, with marks of violence upon it,
in the River Ourthe in Belgium. Lord Hastings and his mother, Dame
Hester Astley, his sole next-of-kin, proceeded to Eneilles with his
solicitor, and applied to the Juges de Paix to remove the seals and give
him possession of his brother's property. A _proces verbal_ having been
signed, possession of the property, "without description or inventory,"
was delivered to Lord Hastings, who, by thus taking possession _pur et
simple_ became personally liable, according to the Belgian law, to pay
the debts of the intestate, without reference to the value of assets.
The Vice-Chancellor dismissed the bill, on the ground that the defendant,
who had legally received the property in Belgium, could not be sued in
England as executor _de son tort_.