The Sun.
London, England, 1838-06-22 00:00:00

IN THE?OTTER OF HALL.

In this case, which came before the Court a short time since for a
Commission of Lunacy against Mrs. Hall, a lady far advanced in life,
Mr. WIIITMAIISII this morning stated that the parties had come to
a❑ arrangement which would make it unnecessary for the Court to
trouble itself further about the matter. It had been agreed that new
Trustees shonld be appointed, that Mrs. Hall should be allowed 2001.
a year, be under the care of her daughter, and continue to live where
she was at present residing.

SAUNDERS V. SMITH.
Mr. Jscon replied to-day in this case.
His Loßps,llP will gis,e judgment to-morrow morning.

VICE-CHANCERY.-(THIS DAY.)

This being the first Seal after Trinity Term, the Vice-Chancellor
proceeded with motions, but in consequence of the absence of Mr.
Jacob, who was engaged in th 9 Lord Chancellor's Court, very few mo-
tions, and those totally devoid of interest, could be proceeded with, and his
Honour rose at half-past eleven o'clock.

ROLLS' COURT.-(THIS DAY.)

This being the first Seal, the Court took motions.
BENBOW v. THE DUKE OF MARLBOROUGH AND OTHERS.

Mr. l'EmßEttroN moved, on behalf of the plaintiff, that an injunction
might he awarded against the Duke of Marlborough, the Marquis of
Blandford, the Bishop of Oxford, Mr. Latimer, and Mr. Foster, to re-
strain them from inducting or presenting to the Rectory of Bladen, with
the Chapel of Woodstock, any person except the nominee of the plaintiff.

It appeared from the statement in the bill, that in the year 1828 the
Duke of Marlborough was entitled for his life to the advowson of
the Rectory of Bladen with the Chapel of Woodstock, and that be
contracted with the defendant, Samuel Foster, for the sale to him of
the next presentation to the Rectory with the Chapel annexed, in
case it should become vacant in the life of the Duke of Marlborough,
for 1,3501. A deed, dated July, 1828, was accordingly entered into,
and the Duke covenanted for his title in the usual manner. The Rec-
tory and Chapel were situate within the diocese of Oxford. In the
month of February, in the year 1830, it appeared that tho
presentation was put up for sale by a Mr. Smith, of Water.
100-place, the Actuary of the Eagle Assurance Office, and Mr.
Benbow, the plaintiff, had communication with Mr. Smith respecting
the purchzse. The Marquis of Btandford was entit!ed, under the
will of the late Duke to the reversion expectant on the death of his
father, and haying purchased the life interest of the father, he had
the right to this presentation dining his father's life, and during his awn
life; and Mr. Benbow contracted with the Marquis for the purchase of the
next presentation for the Turn of 3,150/. That sum was paid by Mr.
llenbow, and on the sth of April 1830, a deed made between Samuel
Foster, the defendant, of the first part, the Marquis of Blandford of the
second part, and Mr. Benbow, the plaintiff, of the third part, was executed.
The Marquis executed the deed, anti received the money ; but by
some accident Mr. Foster did not execute it, and the legal
estate, therefore, still remained vcsicd in Foster. In the month of
December, IS3O, Dr. Mayor, the incumbent of Bladen died, and on
the 31st of that month Mr. Benbow received a note from the Marquis of
Blandford, informing him of the death of the Doctor. On the 2d of
January, 1838, the plaintiff was informed (to his great surprise, as he
stated) that a gentleman of the name of Latimer, one of the defendants,
set up some title to the presentation; and shortly afterwards the Duke of
Marlborough entered a caveat in the Bishop's Registry against the induc-
tion of Mr. Benbow's nominee to the rectory. The Duke and the Marquis
then had some dispute, the Duke alleging that the conveyance he made
to the Marquis was made under an engagement that the Marquis should
present one of the family to the rectory ; and the Marquis saying, that
although he had agreed to present his brother, had he lived, yet that
his brother had died, and therefore the engagement was at an end. In
this state of things, an application was made to the Bishop of Oxford
to present the plaintiff's nominee, and the answer received
from the Bishop's Secretary was, that in consequence of
the adverse claims made, he did not feel himself at liberty to induct a
clerk till the title had been established in a Court of Justice. The plain-
tiff therefore filed his bill to have a decree against the Bishop to induct
his clerk, and against the other defendants to prevent them presenting
any other person. Those facts were supported by affidavit.
Mr. FLATIIER appeared for the Bishop, who had no objection to the
injunction, it the Court thought proper to issue it.
Lord LANGDALE.—Of course you will consider what the effect of
having no incumbent will be.
Mr. FLaTtinn, submitted, as the Bishop claimed his right as Ordinary,
whether it would not be sufficient to restrict the injunction to the other
parties ?

Mr. PEMBERTON said it was prayed expressly against the Bishop to
prevent him from inducting any other person than the clerk of the
plaintiff:

Lord LANGDALE—He will be at liberty to employ such person to per-
form the duties there as he may think fit.
Mr. FLAnu:a—The Ecclesiastical Law, my Lord, will provide for that.
His LORDSDIP ordered the injunction to isAie.

COMMON PLEAS.-(THIS DAY.)

COLLINS V. EVANS.

This was an action brought by the plaintiff to recover damages for the
injuries which he received in consequence of careless driving on the
part of the defendant. It appeared that on the night of the 19th of
November last, the plaintiff', who is a cowkeeper and farmer at Hamp-
stead, was returning home from town, his cart came in contact with the
carriage of the defendant, a physician, and by the collision the defendant
was thrown out. He was carried in a state of insensibility to Jack
Straw's Castle, and was confined to his bed for ten days. The defen.
dant's carriage was on the wrong side of the road.
Mr. Sergeant WILDE, for the defendant, contended that Dr. Evans
was not, proper!) speaking, on the wrong side, as he had to cross to the
side on which the collision took place, in order to take a turning to
his own house. Besides, there was no proof given by the plaintiff
which of the vehicles ran against the other; and if the plaintiff
ran against the defendant, he had no right to do so, because the
latter was on the wrong side. But lie (Mr. Sergeant Wilde) was pre-
pared to prove that the defendant's carriage was actually standing still
when the collision took place ; the facts being, that Dr. Evans having
crossed the road, to his own horse, heard a cart coming up towards him
at a rapid rate, and as the night was very dark, he pulled up as close as
he could to a pond at the road-side, and called out repeatedly. The
defendant answered to the call, but did not check his speed, or turn
further into the road. The consequence was that his cart ran against
the carriage and broke the splinter bar, whereby the horses were disen-
gaged and ran away. The defendant was thrown out by his own fault.
[The case had not concluded when our Reporter left.]

CENTRAL CRIMINAL COURT.

(THIS DAY.)

(Before Mr. Scrjcant AIZABIN.)
Foacrio.—George Green (18), was indicted for feloniously forging
and uttering a receipt for 5/. 11s., with intent to defraud Edward
Dennis Lawley.
_

it appeared that the prisoner received the sum named in the indict-
ment to pay an account due from his master (Mr. Lawley) to Sher.
wood and Co. the publishers; that he delivered in a receipt to that
amount professing to be signed by Mr. Foster, a clerk in Sherwood
and Co.'s counting-house ; that he had never paid the money, and
that the receipt was his own writing.
The prisoner on being called upon for his defence declared he had
paid the money to a person in the shop, whom he did not know.—
Verdict, Guilty.

The fact of a previous conviction for a similar kind of offence was
put in evidence, and the prisoner was sentenced to 15 years' trans_
portation.
About ten o'clock Mr. Justice Ltrucneut took his seat on the bench.
ivIANSLIUGIITER.— Wm. Partridge, the captain of a merchantman,
pleaded guilty to an indictment for manslaughter, committed (we be-
lieve) on board his vessel at sea, upon a sailor named Davids, by flogging
and afterwards ill-using him. The prosecution was instituted by the
authorities at Liverpqol.

The owner of the vessel and another gentleman, a respectable trader
of Liverpool, gave the prisoner an excellent character.
His LORDSHIP remarked that many of these sea-manslaughter cases
verged very closely upon murder.
Mr. PHILLIPS (who appeared for the prisoner) said this was not by
any means so serious a case as those to which his Lordship alluded.
His LORDSHIP said he would read over the depositions, and consider
what course should be adopted.

NEW COURT.
Edward Jones was charged with uttering counterfeit money. It ap-
peared from the evidence of Mr. Wedgwood, of Clerkenwell, that on
the .ith of June the prisoner went into his shop and purchased a pair
of braces for Gd., for which he tendered a crown piece, receiving 4s. Gd.
in change. It was shortly afterwards discovered that the money was
counterfeit. On the 10th the prisoner Went to the shop of Mrs, Chap.