The Sun.
London, England, 1855-01-15 00:00:00

LAW INTELLIGENCE.---(THIS DAY.)

COURT OF CHANCERY.
COAPE V. ARNOLD.-JUDGIIENT.

This part-heard appeal from a decree of Vice-Chan-
cellor Stuart was resumed this day. The suit related to
the construction of the will of George Arnold. George
Arnold devised his real estate to his eldest son, George
Henry Arnold, for 99 years, in case he should live so i
long, and subject to this term to trustees and their heirs \
during the life of his second son, in trust only, -0 sup-
port contingent remainders ; and from and after the de-
termination of the said estates, subject, as aforesaid, .to
the heirs of the body of the said son George ; and for •
want of such issue, to his second son, Edward
Richard John Arnold, for 99 years, if he should live so
long, with a like limitation to trustees to support con-
tingent remainders ; and from and after the determina-
tion of the said estates to the heirs of the body of the
last•mentioned son, and for want of such issue to the
heirs of his own (the testator's) body, and for want of
such issue to the testator's wife during widowhood, and \
after death, or marriage again to such persons and
for such estates as his son George Henry Arnold
should by will or deed appoint, and after similar powers
of appointment successively to his other son and widow, •
with ultimate remainder to Edward Morrison, his heirs
and assigns for ever. By a codicil to his will, after con-
firming the will, he devised all 'his freehold and copyhold
estates to his wife and three other persons as trustees
to the use of them in fee, upon trust immediately
after his decease, "to convey to the trustees of his
marriage articles such part of his estates as his trustees in
their discretion should think fit, and as, with the estates
comprised in his marriage articles, would make up the
jointure of his wife 1,200/. per annum, and he thereby
empowered his trustees and the survivors of them, their
heirs and assigns, to sell and exchange or to mortgage
any part of his estates, and declared that their receipts
should be sufficient discharges ; and he charged all the
said estates with the payment of his debts." Under
this will and codicil the plaintiff Coape claimed to be en-
titled as equitable tenant in tail. The testator's son,
George Henry Arnold, to whom the estates were-
devised for 99 years, if he should live so long, had
a daughter Georgiana, who married James Coape,
and was the mother of the plaintiff, who was
therefore heir of the body of George Henry Arnold,
and the question therefore was whether, under the will
and codicil of the testator, his eldest son and heir at law
took an estate tail by the operation of the rule in
Shelley's case. The Vice-Chancellor held that the
devise to the heir of the body of George Henry Arnold;
was a contingent remainder ; and the rule in Shelley's
case did not apply so as to attract the gift to the heirs
of the body of George Henry Arnold, and that under
the will and codicil George Henry Arnold did not
acquire an estate tail. From this decision the defend-
ants appealed.

The judgment of his lordship was that the decision of
the Court below be affirmed.

(BEFORE THE LORDS JUSTICES.)

IN RE DIRECT BIRMINGHAM RAILWAY COMPANY BXPARTE

SPOTTISITOODI.
The further arguments in this part heard case occu-
pied their lordships the whole of the morning.

COURT OF COMMON PLEAS.
BENTHALL V. BACON.

Mr. Wills applied for a rule, calling upon the defend-
ant to show cause why a new trial should not be had in
the case. The action was brought to recover 49/. 10s.,
the balance of a promissory note, given under the fol-
lowing circumstances :—lt appeared that the defendant
had apprenticed his son to an auctioneer, named Spear-
man, giving by way of premium a promissory note for
1001., payable by two instalments of 501. 10s. and 491.
10s., the first in January, 1854, and the second in Jan-
uary, 1855. The first instalment was duly paid, but,
subsequently, Spearman fell into difficulties, and he
indorsed the note to the plaintiff. At the trial the note,
when produced, turned out to be a note payable on
demand, but inasmuch as the note given by the defend-
ant contained the condition that the 491. 10s. should
not be due until January, 1854, he swore that the note
so produced was a forgery, and the jury, in the absence
of Spearman, who could not be found, returned a verdict
in his favour. Spearman, however, has since turned up,
and he being prepared to swear that the note is the
one given by the defendant, the plaintiff was anxious to
have a new trial.
Application granted.

INSQLVENT DEBTORS' COURT.
(Before Mr. Commissioner Phillips.) '
William Pearce, a vocalist, lately carrying on business
in Old-street, St. Luke's, this morning came up for hie.
discharge. He was opposed by a creditor named Skin-
ner, who entered at great length into the case, and said
the insolvent had wilfully damaged his premises, and also
threatened his life.

The learned Commissioner stopped him in his state-
ment, and told him that the as6ault belonged to another
tribunal.

The insolvent denied the statement of Mr. Skinner,
and said that he had acted in the most vindictive man-
ner towards him. He had taken the bed from under his
children, and everything he possessed in the world—he
did not even spare their wet clothes.

The learned Commissioner ordered the insolvent to be
discharged.

THE TUSCAN BUDGET FOR 1855.

LEGHORN, JAN. s.—The Tuscan Official Gazette
publishes the following budget for 1855, as sanc-
tioned by a decree of the Grand Duke :
Lire.
Receipts
Expenses

Surplus 61,700
This balance in favour of the revenue proceeds in
part from the re-establishment of the estate tax at
its original rate, and from the decree that creates
throughout all the communes, from and after the
Ist of February next, a tax on butchers' meat, from
which the cities liable to the salt tax aro alone to
be exempted. _ _

The credits opened. to the seven ministerial do
partments are distributed in the manner following
Lire.
Ministry of the Interior 2,741,100
War 7,833,900
)1
Grace and Justice 3,464,000
)1

Forein Affairs

240,600

Public Instruction 867,600
Ecclesiastical Affairs 819,500
Finance 21,530,000

Total 37,646,700

NEW TONNAGII DUTY AT HATRE.—SUNDERLAND, Jan.
12.—A shipowner of this port has received a letter from
the master of one of his ships, now at Havre de Grace,
who states that on the Ist inst., a new impost of 6d. per
registered ton on all ships entering that port came into
operation, which is caused by the expense incurred in
the formation of a new dock. This additional item will
require consideration from shipowners in chartering
their ships for the port of Havre.
DEATH OF REAR-ADMIRAL SIR RICHARD O'CONOR,
K.C.H.—We have to announce the death of Rear-Ad-
miral Sir Rickard O'Conor, who died at his residence in
London, on Wednesday last, after a lengthened illness.
Sir Rickard saw much service during the last American
war, and was superintendent of the naval yards on the
Canadian lakes during the war, and was officially men-
tioned for his services at the capture of Oswego in 1814.
The deceased admiral was nominated a Knight Com-
mander of the Royal Hanoverian Guelphic order by the
late king William IT. the 25th Jan., 1836. His com-
missions bore date as follows :—Lieutenant, Feb. 1,
1816 ; Commander, Aug. 7, 1310 ; Captain, Aug. 16,
1814 ; Rear-Admiral (Retired), Sept. 2, 1850.
FOOD AND ITS ADULTERATIONS.—Dr. Hassell, under
whose superintendence the sanitary commission of the
Lancet for the micioscropical and chemical examinations
of food has been so ably conducted, has just published
these inquiries in a compact form. Besides the detailed
analysis and essays, we have an introduction which ear-
nestly, yet modestly, urges the great national import-
ance of the subject, and the necessity for Parliamentary
interference. That considerable public advantage has
already accrued by this agitation, we have positive evi
donee in the work itself. Amongst the upright and
intelligent tradesmen, the fact promulgated created but
one feeling ; a desire to remedy a system fraught with
serious social mischief, and nothing can be more honour-
able to that class than to find such addenda as the fol-
lowing. With reference to the practice of colouring
bottled fruits with poisonous pigments, the work states—
" The samples of Messrs. Crosse and Blackwell were
entirely free from copper. This firm, whose establish-
ment is the most extensive of any in this branch of trade,
has gone to a very considerable expense in fitting up a
large silver vessel, as well as several steam pans, which
latter are lined with a thick coating of -glass enamel,
for the preparation of their various manufactures, thus
taking every precaution to guard against the contact
with copper. The difference in the fruit and vegetables
which are artificially coloured and those which are not
is very great, and of the wholesomeness of the two
articles there can be but a single opinion, while the ap-
pearance of the uncoloured samples is much the most
pleasing and natural." It would likewise appear that,
contrary to the preconceived notion with reference to
cigars and cheroots, that out of 56 samples purchased
throughout London, not one was adulterated, nor was
the presence of opium to be detected. Oa the other
hand, there is much amongst trading practices to be
ashamed of, and for the disclosure in " coloured confec-
tionery," we refer our readers to the wstk itself, as the
a/ tide bk- the more as shops
are almost daily springing up on all sides for the sale of
the identical poisonous sweets, so energetically de-
nounced in this truly interesting velum—Peg.