The Express.
London, England, 1862-06-05 00:00:00

JUNE 5, 1862.

COMIT OF COMMON PLEAS.-Jmtz

Sittinip in Bamo.—(Before Lord Chief Justice Ms, end
Justices WiiliMiaad Myths.)
POI= V. ?ADO&
This was as action upon a policy of lemma for 5,0001.
upon the Storm Queen, a veseel which was lost upon the
voyage from London to Kurrachee, and at the trial before
the Lord Chief Justice in London the jury found for the
Elatesquently $ rule for • new Mid was obtained,
upon the grenade that there bed been comeshosot in re-
ference to the quantity of iron which was to be taken on
bored ; and secondly, that his lordship had wrongly decided
thai the plaintiff was entitled to begin instead of the dr
fondant. To-day cause was shown against the rule being
made absolute.
Mr. Lush, Mr. Mosby, and Mr. W. Williams, appeared
to show cause ; and Mr. florin, Mr. If onyman, sod Mr. F.
M. White to support the rule.
Mr. Justice Williams said the 'Ligament was that his
lordship should have directed the jury that then was con-
cealment of a material fact ; or, if not, dill that A vas the
duty of the jury to have found that there was seek me-
thelment. Be, , was not edified upon the evident*
that there was any oast:ailment. As to who was in fad
entitled to begin he gave no omit" because the mistake of
the judge upon that ground was no meson for • new WM,
unless it appeared that substantial injustice bad been done
by the ruling.
Rule discharged.

COURT OF EXCHEQUER—Aura 4.
Bap is Bann in Trinity Tam.—(Burn Load Chief
Baron Pollock and Mr. Baron Braawall.)

STUDS AND ANOTILLI r. BTUNAL—C1:11100/1 CASE.
This was an motion in &thine to recover a tor patent
of arms which came on for trial at Guildhall, when • ver-
dict was taken for the plaintiffs by consent, subject to the
opinion of this court. The case stated that Joseph Stubs,
of Warrington, Lancashire, having by his own industry
amused a considerable fortune, and been plakedon the com-
mission of the peace, was desirous to possess lie right to
wear armorial bearings, and obtained.a grant for that pur-
pose from the College of Heralds, payingfees to the amount
of 761. 10s., in addition so SI. 3a., its charge for the
heralds' painters. He had oo lineal deseisodanti, and the
grant extended the right to wear the armor to the two sons
of his deceased brother, Peter and ;oho Stubs, who were the
present plaintiffs. On the 20th July, 1860, Joseph Stubs
made a will, in which he left absolutely to his wife, the
defendant in this action, all his household goods, books,
pictures, plate, he., and shortly afterwards died. Under
this bequest the widow claimed the grant of the College of
Heralds ; and it wee agreed that if the court thought she
was entitled to palmation of the document% the verdict
should be entered for the itodant
Mr. Brett, on the part of def
the plaintiffs, contended that
the patent belooged to the sons of the testator's brother,
in whose favour it was granted.
Mr. Baron Bramwell—lt does not appear that they ever
consented to wear the arms. Can the Earl Marshal inflict
arms on • man without his cooseot ! (Laighter.) Ought
we not to see whether the article is a picture !
Mr. Grove, who appeared for the defendant, said it was
contained in a very handsome box.
The grant was subsequently handed up to their lordships.
It was a large @hest of vellum, engrained and surrounded by
a coloured border containing the Stubs' arms.
The Lord Chief Baron—The wife can bear the arms during
her widowhood !
Mr. Brett thought she could not.
The Lord Chief Baron—Yes ; and when she dim the arms
of her husband are put on her achievement.
Mr. Brett submitted that the wife had no legal right to
the arms of her husband.
The Lord Chief Baron—Unquestionably she has, and she
may say, I will keep the grant in order that I may justify
my use of them.
Mr. Brett—Supposing the testator had a son, would he
not as his heir be entitled to the grant, the right to bear the
arms having descended upon him !
The Lord Chief Baron—The right to bear arms below
to all the children of a family equally, but with certain
henldie distinctions. The instant old Stubs got the peat,
his lineal descendants wore entitled to wear the arms.
Mr. Brett said there might be a disposition on the part of
his learned friend to treat the case with ridicule, but he
thought the elder Stub. MU rather entitled to credit for the
course he adopted. Being desirous to found a family, in-
stead of doing what sonic pergolas did, put arms on their
plate and carriages without having paid the necessary fees,
he went and got a grant from the College of Heralds.
The Lord Chief Baron said it was a pity there should be
a family quarrel about nothing. This grant wee literally of
no value whatever, having been enrolled in the College of
Arms, and that enrolment wen as god for proving the title
to the armorial bearings as the pate not itself.
Mr. Brett referred to some old authorities to show that
the born hung outside a castle gate, showing the tenure by
which the estate was held mowed to the heir, end that an
action for trespass brought by an heir would be against •
person for having disturbed and appropriated the armour
or banners which had been placediion.the church in homier
bf his ancestor. Be therefore contended that this grant,
being an honour conferred upon the testator, his lineal de-
scendant was entitled to its p...
Mr. Grove, oc the other aide, said that the real object of
the Heralds' College was to keep records of this description,
and that the doenment claimed by the plaintiffs was risky
nothing more than a copy of the grant wLich remained in
the college.
The Lord Chief Baron, upon looking at the document,
said be was not quite certain that it was not the original
grant.
Mr. Grove mid it was open to both the nephews to get
copies for themselves.
The Lord Chief Baron was of opinion that judgment
should be mitered for the defendant. She had a right to
keep the great to justify herself in using the arms of her
husband, and nobody could take it from her. It was not a
sort of instrument which any one could specifically claim
like a patent for si pee ; but it might be that the plain-
tiffs could file a bill in Chancery to prevent the widow ilri•
facing or getting rid of the damage&
Mr. Baron Bramwell Wag of the same opinion,
Judgment was sawed for the defeadeat.