The Sun.
London, England, 1839-01-23 00:00:00

IN RE SHANK.

Mr. STUART presented a petition that the Accountant-Ge-
neral should be ordered to accept a payment of a legacy to an
infant under the statute. A testator gave a legacy to his god-
son without naming him, and the Accountant-General objected
that the infant legatee ought to have been named.
His HONOUR thought a mere description sufficient, and made
the order upon an affidavit of the identity and infancy of the
legatee.

COURT OF QUEEN'S BENCH, JAN. 22.
THE QUEEN U. ST. LUKE'S, CHELSEA.
Sir W. FOLLETT moved for a rule for a mandamus com-
manding the committee of the vestry of this parish to pay the
money due on account of the maintenance of the poor under
the order of the Poor-law Commissioners.
The COURT granted the rule, and, according to the prece-
dent in the case of the Queen v. Todmorden, yesterday, made
it absolute in the first instance.
THE QUEEN V. THE OVERSEERS, &C. OF TODNICRDEN.
Mr. TOMLINSON yesterday applied for a mandamus, to be
directed to these defendants, commanding them to pay, under
the order of the Poor-law Commissioners, their share of the
expense of the Union of which the parish of Todmorden
formed a part.
The COURT granted the rule, and directed that it should be
absolute in the first instance.

COURT OF COMMON PLEAS, JAN. 22.
WHALLEY V. WILLIAMSON.

This was an action brought by an attorney for breaking and
entering certain premises, which was tried at Stafford in 1836,
when a verdict passed for the plaintiff, damages Is. An ap-
plication was then made to Baron Alderson, who tried the
cause, to certify that the plaintiff should not be allowed the
costs. The Learned Judge took time to consider until he
arrived at Worcester, when he granted a certificate. Fourteen
months afterwards an application was made to the same
Learned Judge on the part of the plaintiff to rescind that for-
mer order, which he did ; and the plaintiff then obtained a
rule to show cause why the Master should not proceed with
the taxation. That rule stood for argument to-day.
The COURT, without deciding as to the authority of the
Judge to rescind the certificate at all, held that that power
could only be exercised within a reasonable time, and that the
time suffered to elapse in this case was most unreasonable.
Rule discharged.
DOE DEM. LOYD V. WILLIAMS.
This was an action of ejectment, in which the question was
as to the testamentary capacity of the defendant's fatker, but
which now came before the Court upon a rule calling on the
defendant to show cause why the venue should not be changed
from the county of Radnor to the county of Hereford. The
affidavit upon which that rule had been obtained set forth that
the defendant was a bone-setter of great eminence in the county
of Radnor, and that he had so much weight and influence that
the lessor of the plaintiff could not have a fair trial in that
county ; and it further alleged that there were only twenty-
nine Special Jurymen in the whole county.
The COURT thought that there was not the slightest ground
for the application, and discharged the rule.

ADMIRALTY COURT-JAN. 22.
THE THOMAS WOOD-SALVAGE.

An application was made to the Court that the proceedings
in this case should be commenced de novo, on the ground thatthe Magistrates of Great Yarmouth, who orninally hear.' the
cause, had taken evidence not upon oath, depending principally
upon the averments of the agent for the salvors. An award of
4001. was granted fur salvage services.
The LEARNED JUDGE having referred to the Ist and 2d of
George IV., c. 75, said that it was the intention of the Legis-
lature that the Court should be authorised to admit fresh evi-
dence in an appeal. lie directed that the additional matter in
this case should be inserted in an act or petition.

THE DISPATCH.-SALVAGE.
This vessel, a trader between London and Stockton, was
dismastcd in October last, had signals of distress flying, and
four feet water in the hold. Two fishing smacks, one with a
crew of nine, the other of eight men, went to her assistance,
and having laid by all slight, part of the crew of one of them,
at the peril of their lives, succeeded in boarding her. She was
taken in tow, being on her beam ends with all her masts gone,
and after a serv►ce of four da3s was carried into port. The
vessel and cargo was valued at 2 4001. The Magistrates of
Great Yarmouth, from whose decision this appeal was entered,
awarded 5101.

The LEARNED JUDGE Was of opinion that the tender (250/. )
was wholly insufficient, and that the decision of the Magis-
trates, though liberal, was not excessive. He would affirm
their sentence.