The Sun.
London, England, 1853-08-20 00:00:00

affect his discharge the importannuties of his posi-
tion as a member of the peerage. Hence it followed that
the conditions of this proviso must be at variance with
the public good. Every case must be taken and decided •
upon its own circumstances, as applicable to the
established rule of law, according to Lord Hardwicke, in
relation to political considerations of public policy in the
most extends and widest sense of the term. It was true,
that otherlotives acted upon men than that of the
mere lore 04 money. The love of power, and the thirst
for office,- would, more or less, Influence the conduct of
some persons in the performance of the important duties
to which he had made reference. Such motives, how-
ever, were beyond the reach of law, and for that very
reason they offered no inference why others should be
added to them. The question here was, whether this
proviso was to be regarded as having a tendency to lead
to the evils he had pointed out. In his opinion it had
that tendency, and consequently, he considered, that it
was against public good, and, therefore, illegal and void.
Upon these grounds it was that he gave his opinion, al-
though with some degree of hesitation, seeing that it
was at variance with those of the majority of the judges,
that the decree of the court below should be reversed, as
that decree had held that the proviso was a condition
precedent. He was clearly of opinion that it was a con-
dition subsequent, and therefore it was illegal and void,
and could not affect the estate which had vested in
Lord Alford.
Lord Brougham (who read his judgment in a very low
tone of voice) said he concurred in the opinion which had
been expressed by Lord Lyndhurst. If the condition
was a good condition, it would have its due effect. If it
was a condition precedent, it would prevent the estate
vesting, but if it was a condition subsequent, it would
annihilate the estate which had vested. The noble and
learned lord then read the several clauses of the will, with
the view of showing what was the intention of the testa-
tor, and said that, in his view, the proviso was a con-
dition subsequent. The proviso was, that if Lord Alford
did not acquire in his lifetime the title of Marquis or
Duke of Bridgewater, the estate should pass from the
heirs male of his body, and go over. The elevation of Earl
Brownlow to either of these dignities was to vest the
estates in him and his heirs male ; and in the course of
the argument it had been supposed that had the expres-
sion been "created," and not "acquired," the same con-
siderations would not apply. The house had to regard
the expressions, not as they ought or might have been,
but as they were found to be in the will itself. The
noble and learned lord, after a very elaborate inquiry into •
the circumstances of the case, again directed the atten-
tion of the house to the various clauses of the will, and
concluded by offering it as his decided 4:Binion that the - -
proviso was a condition subsequent 'and noia can n. ditio—
re foof
r e,
opinion thatit t
that
ts
tihlleegzloraenednf void
th
e;
court below ought to be reversed.
Lord Truro next proceeded to read his judgment ; the
he
precedent,was consequently
and,
and learned lord entirely concurred with the opi-
nions and reasons which had been advanced by his noble
and learned friends who bad preceded him. This condi-
tion was a condition subsequent and not a condition.
precedent ; it was against public policy, and was conse-
quently illegal and void.
Lord St. Leonardo stated very elaborately the grounds
upon which he entertained the same opinion as his three
noble and learned friends. The property which, if this
proviso were a condition precedent would pass over,
was of the value of two millions. He lamented that
the learned judges should have been pressed to give
majority
of
thetheir opinions during the circuits, and he felt equal re-
gret that the conclusion he had arrived at, after most
careful examination
of thleeacrasneed, was opposed sed
Hewas
tothose
of the of
Thee
eLi
doerdd
oCphi
na
ocneel owrh si
ea
hi d
hah edfehl
et
egli; e4ai tv
ehne shi
yt a tf
oi ounr,
opinion, therefore, that the decree of the court below
ought to be reversed.
noble
and learned members of that house adverse to his own,
thed
in rising to say that, notwithstanding all the arguments
which had been submitted at the bar of the house, and
notwithstanding the opinions which the house had that
day heard expressed by the four noble and learned lords, •
he still entertained the same opinion as that which he
had pronounced when delivering the decree now appealed
from in the court below, and for the same reasons, too,
which in the printed case the house had had an oppor-
tunity of perusing. If the arguments of counsel, or the
grounds put forth by his noble and learned friends, had
operated upon his mind so as to prove to him that the
view he had taken was erroneous, he would have de-
clared upon the present occasion that he had been mistaken
in the degree he had pronounced ; but, as he had already
stated to the house, his previous conviction had not
been disturbed. His opinion on the former occasion
was, that the proviso was a condition precedent, and
not a condition subsequent, and that opinion he still en-
tertained. He did not consider it necessary to place
his reasons again before the house on that occasion, but
he would add, that he had not in the court below arrived
at his conclusions without mature consideration. He
regretted that he differed from his four learned friends,
and if one circumstance could console him for being at
variance in opinion with those noble and learned lords,
he should find it in the fact, that the majority of the
learned judges concurred in the view he had taken of
this case.
The decree of the court below was ordered to be re-
versed, and the costs of all the parties to the suit were
ordered to be paid out of the estate.
The effect of this decision is that the present Lord
Alford becomes the possessor of the vast property in
dispute.

COURT OF BANKRUPTCY.—YESTERDA.T.
(Before Mr. Commissioner Fonblanque.)

N RE WILLIAM LIONEL FELIX TOLEMACRE, COMISIONLT

CALLED LORD HUNTINGTOWER.

To-clay was fixed for the last examination meeting in
the matter of this bankrupt, described as of Grosvenor-
square, horse dealer, the proceedings in whose case,
under a former bankruptcy in 1842, and again in 1844,
when his lordship applied for relief as an insolvent
debtor, have before been reported. The petition under
which the bankrupt now applied was dated July 6th of
the present year, and was at the instance of Mr. Cart-
tar, solicitor, Greenwich. It may be remembered that
after the previous failures his lordship had taken upon
himself the renewal of certain debts, and it was said that
the present bankruptcy was to relieve himself of those
renewals. The balance sheet, consisting of 40 folios,
and extending from January, 1849, to July, 1853, was
prepared by Mr. J. D. Fowell, of Basinghall-street ; and
contains the names of upwards of 100 creditors (the
debts contracted since the former failures), and showed
the following results :
Debtor—To creditors, 3,086/. ; ditto on debts under
former bankruptcy renewed, 8,766/. ; ditto under insol-
vency, 2,513/. ; liabilities under former bankruptcy re-
newed, 42,260/. ; ditto under insolvency, 4,650/. ; cash
from relations, 3,394/.
Creditor—By deficiency January 1849, 13,006/. ;
doubtful debtor, 150/. ; property given up to assignees,
120/. ; losses, 140/. ; law costs, 960/. ; trade expenses,
7281. ; house expenses, 3,367/. ; liabilities as per contra,
46,910/.

The official assignee, Mr. Stansfeld, reported that the
bankrupt had kept no books, but the accounts filed were
in his (Mr. Stansfeld's) opinion the best that could be
rendered, and they were in the proper form.
His Honour—ls there any opposition to the bankrupt's
passing ?
Mr. Lucas—l appear for the assignees, who are quite
satisfied with the bankrupt's accounts.
His Honour—l observe that the greater portion of the
bankrupt's debts arise from the renewal of old debts—a
most mischievous practice. lam glad that this cannot
occur again. The last statute puts an end to those re-
newals. The attention of the assignees must be particu-
larly called to these renewed debts, particularly to the
bond of 20,0001.
Mr. Lucas—The case is now in respectable hands,
and the assignees will do all that is right.
The bankrupt then passed his examination.

CENTRAL CRIMINAL COURT-Aug. 19.

THIRD COURT.
(Before Russell Gurney, Esq., Q.C.)
Charles Wingrove, a very respectable-looking, man,
surrendered to take his trial, for wilful and corrupt per-
jury, committed by him before the judge of the Uxbridge
County Court, in an action to which he was defendant,
and Thomas Dodd Grove, the plaintiff.
Mr. Bodkin and Mr. Itebton prosecuted, and Mr.
Serjeant Thomas, with whom was Mr. Carter, were for
the defence.
Mr.
appearedot
no t theh
y juryot hn o t
h eevidence thep
part
r tfollowing
of
otfhtheep
nume-
rouso
which
was
witnesses f
prosecu-
tion. The prosecutor is a small farmer living at Lang-
ley Marsh, Buckinghamshire, and the prisoner is also a
farmer and butcher, carrying on business at Gerrard's-
cross, in the same county. It would appear that some
quarrel had taken place between them, arising out of the
purchase of a cow by prosecutor. On the 10th of June,
the prosecutor was at the Bull, at Gerrard's-cross, and
was slightly the worse for liquor, but not very bad.
After leaving the Bull, he proceeded on the road in
the direction of the prisoner's house, near to which
stood a public-house called the French Horn. Upon
passing the French Horn, between that and the pri-
soner's house, he saw a cask lying on the road, belong-
ing to a brewer whom he knew. This he picked up andew
took back to the French Horn, where ho stayed for a few
minutes and had a small quantity of beer, and he then wentsn
on his road and had to pass the prisoner's
_ll
ontnionegcoofmt to
thesaegCrain. l 1 e ,
ed him down, and
violent blow on the nose, which knock
strannerthhead
plriiesognootrupintmo
pthede woavlelzur=igihitmveagamrdoeant
h up
theere wound was
crawl back to the French Horn,
w the prisoner's shop
,rtweotbelhdnurttehtabio:rought an action in the
bdrooikteatghaeinbrifodrgheimof. it.ProThseeenptorirsogneetrsaidantdhmatahneagweodutldo
dressed. Prosecutor then went to.soner
was about to do
to ask him why he did it,
nanhdispri
wife interfered,or uoannhtdyinpinirosao-.
some further violence
but being somewhat the worse
nlEnao;ritiodnprosgrtitr magistrate
damagesenasnthe
again.sgei csturtaotre
slpeffortro,
Prosecutor
l summons,
as defendant, was examined, and swore most distinctly
the prosecutor, the then plaintiff, was quite drunk
that
and had fallen down, and that he had never struck him
at all, and that he had seen him for two hours at the
foreonni however,itclyu oe
or
udtriCtle,
French Horn getting drunk. The prosecutor being un-
prepared with evidence, the judgment was given against
him, and then he took these proceedings.
The evidence was very lengthy,'occupying the court
until late in the evening, and although of a conflicting
character, clearly brought the charge home to the pri-
soner, who was found guilty, and sentenced to six
months' imprisonment. . .
The Court sat until nearly eight o'clock to finish the
business left, and was then adjourned until Monday,
Sept. 19.