Norfolk Annals, Vol. 2: A Chronological Record of Remarkable Events in the Nineteeth CenturyMackie, Charles
History
Norfolk Annals, Vol. 2: A Chronological Record of Remarkable Events in the Nineteeth Century
Mackie, Charles
Norfolk (England) -- History
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 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, with the condition for defeasance upon payment on July
3rd, 1847, of £1,040 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 _procès 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_.
AUGUST.
1.—General Windham was received in Norwich with a great demonstration of
welcome, on his return to his native county. The hero of the Redan
travelled from London by the Eastern Union line, and was presented with
congratulatory addresses at various stations along the route. At
Victoria Station he was met by the Mayor and Corporation of Norwich, the
Earl of Albemarle, Lord Hastings, Lord Bury, &c., and escorted by the
Royal Artillery, proceeded to the Guildhall, where he was presented with
an address. A banquet, attended by officers of the Army and Navy
connected with Norfolk and Norwich who had served in the Crimea, was
given in honour of the General, at St. Andrew’s Hall. The Earl of
Albemarle presided, and on behalf of the subscribers to the Windham
Testimonial Fund, presented the General with a service sword and a dress
sword.
2.—Several deaths were reported to have occurred from small-pox at Lynn.
“In no instance has death ensued here after vaccination.”
Public-domain text, read in full here on John Shaqi.
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