The Sun.
London, England, 1831-06-08 00:00:00

LAW INTELLIGENCE-(THIS DAY).

COURT OF CHANCERY.
ATTORNEY-GENERAL V. CATHERINK-HALL COLLEGE,

CAMBRIDGE.
Sr! E. SUGDEN and Mr. RICHARDS appeared for the
Rev. Mr. Inge, upon a petition in this matter, which
prayed that an election to a vacant Fellowship of Cathe-
rine-hall might be set aside, and that the petitioner might be
declared the individual entitled by right to be elected. The
Late Dr.Frankland endowed a Fellowship of this Hall by a gif,
of property which he left, and directed that the election
of the Fellow shou'd be a scholar from the free grammar
school of Coventry, of which the testator and founder had
been himself the head master. In March last a vacancy
to the Fellowship occurred, and the petitioner was the
only candidate who presented himself from the free
school of Coventry. He was a Bachelor of Arts,
and a gentleman of high moral and literary character.
He considered that it was imperative on the Master
and Fellows to elect a scholar from the free school
of Coventry, and from that school only. The Hall
however, insisted that it was their duty to examine into th,
attainments of the candidates. There were in this instance
five candidates. Mr. Inge submitted to the commencemen.
of an examination. He was examined in mathematics; and
on the examiners passing on to try him in the classics, h,
refused to translate a single pa=sage. He stated that he was
ill, that he had undergone the very examination on obtain-
ing the degree of Bachelor of Arts, which it was then pro-
posed to submit him to, and that as he believed he was
not bound to undergo the further examination, he declined
to submit to it. The result was, that the Master and Fel-
lows proceeded to examine tke other candidates, and they
elected one of them. Ile contended, that by this election, the
Master, &c. had made the Fellowship a general Fellow-
ship—that it was a gross violation of the testator's will,
and that as the petitioner was the only candidate who was
clothed with the character of being from Coventry Free
School agreeable to the will, Mr. Inge was entitled to re-
lief from his Lordship, sitting here as the visitor for the
Crown.

Sir C. WETHERELL an►i Mr. Barrmta, were on the
other side. They regarded the case as presenting a most
important question. The Master and Fellows were bound
by their statutes of 1470 to examine every candidate to
be admitted into their Hall ; they were willing to give a
scholar from the free school of Coventry the preference,
but could not receive one from that school without
an examination. In the present case they proposed
and began the examination of Mr. Inge in private,
that he might not be subject to a strict competi-
tition with others, and that if he excelled the other
candidates only in his acquirements and pretensions, he
should be admitted. They required only that he should
enable them to satisfy themselves that he bad sufficient
literary knowledge before they elected him. Coventry
free school was by no means a place of superior
learning, and the last vacnt Frankland Fellowships
were filled up by sholars not from Coventry.
Besides, the testator required the electors to have, in the
election, a careful regard to the recommendation of the
Mayor and Aldermen of Coventry of the candidate from
Coventry, and Mr. Inge had no recommendation what-
ever from the corporation. It was not the Learned
Counsel's intention to throw the least slur on the character
of Mr. Inge, or to insinuate that the illness of which he
complained at the time of his examination was at all
feigned, but they contended that it would be laying down
a most pernicious law to say, that because a gentle-
man was educated at a particular school, and a Bachelor
of Arts, he therefore had a right to force his way into the
Fellowship of any college, and that as he had not conformed
to the regulations of the Hall in submitting to an exami-
nation, the Master, &c. had acted properly in what they
had done.
Mr. JACOB was Counsel for Mr. Smith, the candidate

who hid been elected. He argued in the same strain. A
Fellow to fill an ingrafted Fellowship was to be subject to
the same regulations which were laid down for the go-
vernment of the Hall in regard to the other Fellows and
Fellowships of the College.
The Loan Cum4catr.ou. said, as his decision in this
case would be of great importance, he should take time to
consider the case. In the meantime he required that the
College should make an affidavit, stating what the practice
had been for the last 130 sears in the election of candidates
to this Fellowship.

COURT OF KING'S BENCH.

JUDGMENT.-APOTHECARIES' COMPANY V. GREENWOOD.

In this case, (which we reported in the early part of the
Term), the Court gave judgment this morning. Our
readers will remember that this was an action brought
against the defendant to recover a penalty of twenty pounds,
which it was alleged he had rendered himself liable to by
practising as an apothecary without being duly licensed.
The defendant was the son of an apothecary, and had
studied under his father ; he had also served under another
apothecary in Halifax : be left him and went under ar-
ticles of apprenticeship to his brother, who carried on the
same profession at a place about eight miles from Halifax.
It was when serving under these articles cause for the
present action was given, as it was proved that he had at-
tended several persons without consulting his brother on
their cases, and he had even attended some patients at Ha-
lifax, being at a distance from his brother's residence and
his usual place of business. This, it was contended,
was practising, so as to bring him under the Act co Par-
liament which regulates the practice of apothecaries. For
the defence it was proved that the articles of apprentice-
ship were bona fide, and that at the time in que.ion the
defendant was acting, not for his own benefit, but for that
of his master.

Lord TENTERDEN in giving judgment, considered it
necessary for the safety of the public, that it should be
laid down as a rule, that an apprentice should be con-
fined i❑ his work or practice to the house or place of busi-
ness of his master ; on that ground, the Court were of opi-
nion thit the verdict in this case should stand, and the
rule for a nonsuit be discharged.--Rule discharged.

CRIMINAL INFORMATION.--.-JUDGMENT.

TILE KING V. SONTOFT.

In this case the Court also gave judgment this morning.
Lord TENTERDEN said this was an application for a
criminal information by the Rev. Matthew Robinson, of
Boston, Lincolnshire, against the defendant, who is a
bookseller and publisher in the same town, for publishing
a series of libels on him ; the first of which charged him
with nulicinusly shooting at and wounding a man, and
then putting him in prison for complaining. The second
said that he had pleaded infancy, so as to defraud a cre-
ditor. The third, that he was in the habit of writing and
publishing libels in a certain paper, called " The Obscene
Herald ;" and the fourth, that his servant girl had had a
bastard child by him. For the purpose of supporting these
charges the defendant had put in a great many affidavits,
charging the Rev. Gentleman with incontinence and conduct
unworthy the character of a clergyman. The prosecutor de-
nied the whole of the charges imputed to him, and stated
that since he was ordained his conduct had been such as
became a clergyman of the church. his Lordship said
that it was a question with the Court whether tlie de•
fendant could be allowed to introduce new matter to sup-
port that which was the subject of the prosecution, and
they were of opinion that they could not allow it, and
therefore these affidavits should be dismissed from the case,
as the prosecutor could have no opportunity of answering
them.

The Court were of opinion that the application had not
been answered, and therefore the rule must be made abso-
lute.--Rule absolute.
JUDGMENT.-.WINTER V. HALDIMAND.
This was an action on a policy of insurance, effected
on a vessel from Buenos Avres to Canton and back.
The vessel arrived safe at Canton and took in a
cargo of tea, but was lost on her return, and
the underwriters consequently became liable. By an
agreement entered into before the commencement
of the voyage, it was stipulated that half of the freight
should be paid at Canton ; 5,000 dollars were so paid, and
the present action was to recover that suns, as well as the
value of the cargo, as it was center.ded, that in all cases
in this country, the freight and charges are considered part
of the value of the cargo. The case was before an arbi-
trator, who made an award, leaving out the 5,000 dol-
lars in question, and a rule was obtained to set aside that

award.
Lord TENTERDEN, ill giving judgment this morning,
said, that without entering into the question of whether
the charges ought to be computed in the value of the cargo,
the Court would decide this case on another ground.
It appeared that an agreement was entered into after the
insurance had been effected between the charterers and
proprietors of the vessel, that certain sums should be paid ;
of this agreement the underwriters were totally ignorant,
and, in the opinion of the Court, could not be bound by
t; therefore the rule must be discharged.—Rule dis-
charged.

COURT OF C031310N PLEAS.
CUTLER AND ANOTHER v. DAVY'.
Mr. Serjeant RUSSELL stated the case to the Jury.
The plaintiffs, John Cutler and Egerton Cutler, were
respectable tradesmen in Great Queen-street, Lincoln's-
inn-fields, and this action was brought to recover the sun_
of 120/., the amount of a bill of exchange, drawn by
John and Philip Beddall, upon and accepted by the de-
fendant, and indorsed over to the plaintiffs., He (Mr.
Serjeant Russell) was not aware that his Learned Friend