The Sun.
London, England, 1839-11-18 00:00:00

DE HAVILA ND V. SAUMAREZ.

The LORD CHANCELLOR also gave judgment in this
case, which came before the Court upon appeal from the
decision of the Master of the Rolls. The question in
the case was whether, according to the vt ords used in
the will of a gentleman of the name of De Haviland,
the words used there, applicable to personal estate,
passed the real estate to the detriment of the heir ; the
Master of the Rolls decided that they did, and his Lord-
ship conceiving that decision correct, affirmed it, ordering
the costs to come out of the estate.

GOMPERTZ V. AINSDELL.
The further arguments in this case occupied the
Court the whole day.

QUEEN'S BENCH.-(THIS DAY.)

THE QUEEN V. PRICE.
This case, which was part-heard on Saturday, was
resumed this morning, the arguments of Counsel having
occupied the greater part of the day.
Sir F. PoLLock., in pursuance of his argument of Sa-
day, contended that the Registration Act was not man-
datory, so far as regarded the furnishing to the Regis-
trar of the district the particulars of the birth of his
child—that it was only intended to apply to Dissenters
and those who previously had no general system of
registration, and that the present case was got up for
the mere purpose of persecution.
The ATTORNEY-GENERAL replied at some length,
and in the course of his observations he said he bad no
hesitation in avowing that he had advised the present pro-
secution, because he thought it of the greatest import-
ance that the opinion of the Court of Queen's Bench
should be had upon the law, so that similar occurrences
might not again take place.
The Court took time to consider its decision.
THE VICTORIA XHULL) STEAMER-TIIE QUEEN V.

BROWNLOW AND OTHFRS.

The COURT gave judgment in this case which had
been argued a few days since. It was an application
to set aside an inquisition on the ground of informality.
The Court was satisfied that there were two defects in
the finding, which, although technical; must be consi-
dered fatal. The first was that no time was stated
when the bursting of the boiler had taken place ; the
allegation being that "on such a day the deceased
being on board the steam-boat, the boiler had
burst"—there was in that no averment of the
precise day when the accident took place. The second
objection was, that the allegation "of which blows,
concussion, &c., the deceased instantly died," was in-
sufficient, and that objection the Court must also hold
to be good. They could not tell what the pleader
might mean by the word " instantly," because it spe-
cified no period of time, and might be five minutes or
one hour, or one day afterwards. On these grounds
the Court was of opinion that the inquisition must be
quashed.

EXCHEQUE At CHAMBER.

(THIS DAY).

LIABILITY OF PUBLICANS.-ADAMS V. HUMPHRISS•

The plaintiff in this case is a member of a benefit
society, held at the Rising Sun in the city of Coventry,
and the defendant is the landlord of the house. The
declaration stated that the plaintiff delivered to the de-
fendant a certain box containing money and securities ;
and that, in consequence of his negligence, the box and
its contents were lost. The defendant pleaded that he
had not the care of the box, and that he had not been
guilty of negligence.
Mr. Sergeant ADAMS (with whom was Mr. PeAcocx)
stated the facts of the case. He said the club, which
consisted of 61 membets, had for some years been held
at the house of the defendant, who had charge of the
box, receiving for his services an ample remuneration.
At the last Coventry fair the box contained 461.
During the fair a sailor and a female visited the Rising
Sun, and were allowed to sleep in the room where the
box, secured by three locks, was deposited. Imme-
diately after the fair, however, the parties decamped,
taking with them the box, which was found broken open
about 200 yards from the house, and entirely empty.
The defendant had offered to pay two thirds of the
money, but this was refused by the club, and the pre-
, sent action was brought to recover the amount lost.
Witnesses were called in support of the statement of
the Learned Sergeant, after which
Mr. THESI,GER (with whom was Mr. BAIN) addressed
the Jury on tne part of the defendant. He would prove
that the box was kept in a room recognised by the
Club as the proper place for its safe custody, and that
therefore the defendant was not guilty of such negligence
as to render him liable for the loss sustained.
After the examination of witnesses to prove the asser-
tion made by the Learned Gentleman, Mr. Sergeant
ADAMS replied, and
Mr. Baron ALDERSON summed up the case to the
Jury, who had not returned their verdict at the time or
our going to

Iress.