The Sun.
London, England, 1839-12-13 00:00:00

THE StTN, LONDON, FRI DA Y, DECEMBER 13 1839.

(half-past four o'clock), be would not proceed with the
remaining business, but would appoint a Court day for
that purpose one day next week.
The Court adjourned.

IMPERIAL PARLIAMENT.

Parliament met yesterday pro forma, pursuant
to prorogation.

Shortly after two o'clock the Lord Chancellor,
the Marquis of Normanby, and Lord Duncannon
took the►r seats as Lords Commissioners.
The House of Commons was:then su►umoned
by Mr. Putman, the Deputy-Usher of the
Black Rod, to hear the Commission read, and
in a few moments Mr. W. Lee and the officers
of the House of Commons appeared at the Bar,
when the Commission was read at the table by the
Clerk.

The Lord Chancellor then, in her Majesty's
name, declared the Parliament prorogued to Thurs-
day, the 16th of January, the❑ to be holden for the
despatch of divers urgent and important affairs.

LA.117 INTELLIGENCE.

COURT OF CILINCERY, DEc. 12.
This case came before the Court upon appeal from
the decision of the present Master of the Rolls dis-
missing the plaintiff's bill with costs. The plaintiff
William Thomas Hill, claimed under an indenture exe-
cuted by a person named Deans, time whole of the pro-
perty left by him at his death. The plaintiff is the
son of a person who previous to his death carried on
the business of an agricultural instrument maker, in
Oxford-street. He was on terms of great intimacy
with Deans, who kept the Seven Stars, at Starch
Green. Deans having no children, became much
attached to the plaintiff, and in 1818 he executed an
indenture, by which he gave the whole of his property
to his wife, and at her death it was to go to the plaintiff,
to the exclusion of his own relations. The defendants
alleged that the instrument had been fraudulently ob-
tained from Deans, who, being an illiterate man, was
wholly ignorant of the effect of the transaction that had
taken place between himself and the father of the
plaintiff.
The arguments in the case had not concluded when
his Lordship rose, st half-past one o'clock.

ROLLS' COURT, DEC. 12.

ATTORNEY-GENERAL V. IRONMONGERS' COMPANY.
This case came before the Court upon exceptions to
the Master's Report.
The information in this case was filed in Michaelmas
Term, 1825, against the Ironmongers' Company as
trustees under the will of Mr. Thomas Betton, dated
February, 1723, praying for an account of the trust
estates ; that a moiety, which was by the will directed
to be appropriated to the redemption of British slaves in
Turkey and Barbary (there being now no such objects)
might be applied to a charity as near the original object
of the donor as circumstances would permit ; and for a
reference to the Master to approve of a scheme. When
the cause came on for hearing before Sir John Leach,
it appeared that for some years past the Ironmongers'
Company had been in the habit of applying that
portion of the fund which was ❑ot wanted for
the redemption of slaves in Turkey and Barbary to
other purposes of charity mentioned in the will, viz.,
to the support of schools and the support of decayed
freemen of the Ironmongers' Company ; and in the
order of reference to the Master to approve of a
scheme, &c. there was a direction that that appropria-
tion should be continued pending the inquiry. The
Master in his report stated that a large fund had accu-
mulated from the unapplied portion of the income of the
testator's estate, there having been but few objects of
the charity found ; that 7,0001. should be set apart for
the purpose of redeeming any English subjects in capti-
vity in Turkey and Barbary, should such objects arise,
and that the remainder of the accumulation should
be applied to the other purposes of the testator's will.
Exceptions were taken to that report, and when the
report came to be argued before Sir John Leach, his
.Honour expressed a doubt whether he had any jurisdic-
tion at all, because he thought that as the objects of the
testator's bounty had altogether failed, it fell to the
Crown to appoint by sign manual. The case having
stood over for consideration, the Attorney-General of
that day appeared in person before his Honour, and
stated that upon investigation into the authorities, he
was satisfied it did not fall to the Crown. Sir John
Leach ultimately came to the decision, that one of the
objects having failed, the Court had no jurisdiction at
all over that portion of the property. On appeal to the
Lord Chancellor that part of the decree was re-
versed, and an order was made, referring the case
back again to the Master. The Master in his
report, stated that he had been appliel to by dif-
ferent parties on behalf of Lady Mico's Charity,
Greenwich Hospital, the Royal Naval Benevolent So-
ciety, but that Lady Mico's charity approached nearest
the object of the testator. To that report the present
exceptions were taken. Lady Mico's charity was ori-
ginally established for the redemption of slaves in the
West Indies ; but since the emancipation of slaves
the trustees of that charity had appropriated their
funds towards the education of Negroes in the
West Indies, and the establishment of " Normal"
schools ; and it was therefore agreed in support of the
exceptions, that that charity was not at all analagous to
the intention of the testator, and that the first objects
having failed, the accumulations ought to be applied to
the other purposes mentioned in the will, namely, the
schools and the poor freemen of the Company, of which
the testator himself was a member.

Sir WILLIAM FOLLETT: Mr. KINDERSLEY, and Mr.
SUTTON SHARPE, appeared for the Ironmongers' Com-
pany, and in support of the exceptions.
Mr. PEMBERTON and Mr. ANDF.RDON for the de-
lators, and

The ATTORNEY-GENERAL and Mr. BETHEL'. for
Lady 'Mica's Charity.

VICE-CHANCELLOR'S COURT, Dire. 12.
RAWSON V. SAMUEL.
The VICE-CHANCELLOR gave judgment to-day in this
else, in which the bill was filed by the plaintiff for the
purpose of preventing the defendant from proceeding at
lax to recover a large amount, which the defendant al-
leged was due to him in the transactions that had taken
place between them. His Honour granted this injunction
to stay execution, but refused to stop the proceedings in
the action.

COURT OF QUEEN'S BENCH, DEC. 12.
'Sittings at Nisi Prius, at Guildhall, before Lord DEN,

MAN and a Common Jury.)
FALSE IMPRISONMENT—WEBB V. MEADE.
The parties in this case were neighbours residing in
the Kent-road, and the cause of action arose from the
defendant Meade having put up a post or rail before the
plaintiff's window, and on his property. The plaintiff
conceiving the defendant had no right to put up a post
there took it away. Upon that 'Webb gave the plaintiff
into custody on a charge of felony, and he was taken
before the Magistrates at Union-hall Police-office, who
at once dismissed the complaint.
Lord DENMAN said both parties had taken consider-
able pains to put themselves in the wrong. The de-
fendant had no right to put up a post on the property of
another without his consent, nor had the plaintiff anv
right to remove it clandestinely. His remedy should
have been by an action of trespass. There was clearly
no pretence for charging the plaintiff with a felony for
having removed the post, and under all the circum-
stances the jury would award such damages by way of
compensation as the plaintiff might he deemed entitled to.,
The Jury returned a verdict for the plaintiff—Da-
mages, 15/.