The Sun.
London, England, 1849-12-07 00:00:00

the year of grace given by the statutes (xpired, his I
became ipso facto vacant. This opinion of '
the master and fellows was carried out by the rejeciiou
of the petitioner's vote at a college moettng in Drrcem-
ber, 1247; and he now submitted that he was aggrieved
by this act, inasmuch as according to the true construc-
tion of the statutes, the effect of the third chapter is
not as alleged to cause him to vacate his fellowship at
the expiration of the year, when the number of fellows
in holy orders was reduced below the number required
by the statutes, bat only to deprive him from that time
of the profits and emoluments of his fellowship until the
full number of fellows in holy orders was com-
pleted. He therefore prayed a declaration with
his view of the effect of the statute. At the hear-
ing of the petitioner, it was contended on behalf
of the petitioner, that according to the true construction
Mr. Goodwin had incurred no forfeiture; or, if he had,
that it was only a forfeiture of profits end emoluments
from the time when the number of fellows became in-
complete up to the 10th of January, when the exigency
of the statute was fulfilled. Mr. Goodwin could not
take orders within the time specified, and the statutes
could not have intended to exact an impossibility. The
intention of the petitioner was, that in construing the
Words " Si autem aliquis ex Ms discesserit," the " dis-
cesseriL" meant the death of one of the fellows, and not
the vacation of the living; and if that construction was
the true one, then the vacancy to affect the petitioner
Must be made by death. Much stress would, doubtless,
be laid on the " all( qui a collegii emolumentis recedat,"
but the petitioner contended that this was not a reced-
ing from the fellowship itself, but from the emolu-
ments for a particular time, and among these, from
the enjoyment of rooms rent free, and other advan-
tages, and this view was, in a great measure, con-
firmed by the statutes themselves ; for although they,
expressly said that a fellow was, under certain contin-
gcnvias, to forfeit his emoluments, nothing was said
about filling up his place, an omission which, in such a
college code, would not have been allowed it it was not
intended that, on the completion of the number of fel-
lows in holy orders, the lay fellow was to bo restored to
his place, or rather to his emoluments of place. The
Case of the petitioner was further confirmed by the fact
that the fellowship was not lost, if it could be held that
it was lost, through the operation of the statute, so much
as through the accidental arrangements of the bishop.
The time of the termination. of the year of grace was the
10a, of November, 1847. It the two junior fellows had
taken orders as they were qualified, and as they in-
tended, before that day, the oojection to Mr. Goodwin
ceuld not have arisen; but it happened, from the arrange-
ments of the bishop, that the ordination could not take
place till the following January, and it *as from that
fact that the year expired without the completion
of the fellows. On behalf of the Master and
h'ellows of the College, who opposed the petition, it was
contended, that if the petitioner was permitted to put
,ouch t construction on the statute, and to retain his fel-
lowship, the next lay fellow in a vacancy would do the
came, until there would be three dead bodies obstructing
the performance of all the clerical duties of the college.
It had been said that the statutes of expulsion used very
different language from those enjoining resignation. To
be sure the latter did not order the fellow to be kicked
out, but it deprived him of the right to have his name
; n the boards, and of all the benefits of his office. If a
61-I°w remained in the college, he was bound to perform
all the duties and obligations of a fellow, and yet hero
was a case of a person claiming to remain a fellow, and
not Perform any of the duties. The conclusion to which
the Court was asked to come on the meaning of the
"talutes was an absurd one, injurious to the college, and
terucsetcorrioncilable with the intentions of the founder. The
the petitioner wished the Court to sanction
was not the custom of any other college. It was an in-
terpretation of the petitioner himself, which would be
highly injurious if it could be established, but one fur
%"iole there was no foundation. The Lord Chancellor,
after going at considerable length into the facts and ergo.
Iz
is that had been adduced before him, stated his opinion
caeca,'
- Y to be that the construction put by the master and
fea„
awe on the statutes, namely, that two out of the six
fellows meet be in priest's orders, and ono in deacon's
‘lders, and whenever a vacancy occurs, the senior
fellow who is not in such orders must take them in the
course of a twelvemonth, or vacate his fellowship, unless
Junior fellow takes orders of his own accord, was the
right construction, and the petition therefore must be
dismissed.—Petition dismissed.
llis LORDSHIP, after disposing of the unopposed
lunatic petitions on his paper, none of which pos.
'egled any points of interest, proceeded to hear the
further arguments in the part-heard appeal of " Las-
sence v. Tierney," which occupied the whole morning. h
VICE-CIIANCERY.—(THIS DAY.)
(Before the VICE•CTIANCELLOR of ENGLAND.)
Unopposed cause petitions, short causes, and cause
Petitions, occupied his Honour the whole morning.
(Before the Vice-Chancellor KNIGHT BRUCE.)
Petitions and causes, possessing no interest, occupied
the Court the whole day.
(Before the Vice-Chancellor WacuAss.)
The further arguments in the part-heard case of
" Griffith v. Luenell" occupied the whole morning.

EXCHEQUER.—(THIS DAY.)
(Sitting at Nisi Prius, at Westminster, before the Lone
CHIEF BARON and a Special Jury.)
WOOD V. HUTTON AND ANOTHER.

The trial of this case, which was commenced on 'rues-
day last, and occupied the whole of Wednesday and
Thursday, was resumed again this morning, when the
examination of the defendants' witnesses was pro
seeded with.
It will be recollected that this is an issue, directed by
the Vice-Chancelior, to try whether Captain Newman,
the deceased husband of the plaintiff, was of sound and
disposable mind at the time when a settlement of ac-
counts was made between him and the defendants in
whose employ he bad been as captain of vessels trading
with the West Coast of Africa, for gold dust, elephants'
teeth, and palm oil.
tr,,llall objection, which was taken by Sir Frederick
4eiliger, on the part of the plaintiff, to the reception of
evidence as to the state of accounts between the parties,
NI" overruled by his Lordship, and the consequence
was that a long and tedious examination of the defen-
,!!lts' accountant occupied the Court the whole morning.
balance,
evidence was to the efEct that, after striking a
ualance, Newman owed to the defendants 1,6601., but that
leY consented to take 1,2501. and relinquish all further
aims upon him, and this sum was ultimately paid by
"(nun.
The CHIEF BARON observed, in the course of the
"idenee, that he was entirely unable to see how either
124" Y could be benefited ,by engaging in such a suit,
lied that the -expenses would probably absorb all the
tslefite which had been made in the different voyages of
ewhian.
T• he Foreman also exclaimed, when his brother jury-
een were attempting to understand the entries in the
eks, that, "having been kept in the box already four
he should quite forget everything he knew about
aloes if he remained there any longer."
The rest of the jury appeared to coincide in this
_,re-
mark, which was received with loud laughter, and the
efendants' Counsel seemed to take the hint, for he inti-
mated that he would call no more witnesses, and the
ease for the defence therefore at once closed.
b„'", ;t' P. THESIGER then addressed the jury in reply,
• had not concluded when our report left.

COMMON PLEAS.-(THIS DAY.)
The, Court sat in Banco this morning, but did Lot
Pronounce judgment, as was expected, in any one of the
71111n37 eases standing over for judgment, and the parties
14rereated were subjected to a fresh disappointment.
The Court then heard motions for new trials, but
none of them involved any materials of public interest to
justify a detailed report.

SECON DARIES.—( T HIS DAY.)
(rl,:ore Mr. Secondary POTTER.)
lIIPORTINT QUESTION ON GUARANTEES AND PROAIIB..
SORT NOTES.—DAVIS V. Pococß.
This was an action on a guarantee, to recover the sum
of 1501., and interest thereon. Defendant suffered judg-
'tent to go by default.
The plaintiff's attorney stated the case, from which it
aPpeared that a person named Carter had made a pro-
baissory note for 1601, which plaintiff had discounted,
On the undertaking of the defendant to pay in the event
of Carter not doing so. Plaintiff admitted the payment
Of lot on account, and claimed 51. 43. 9d. as interest.
The Learned SECONDARY held that the production of
the guarantee was sufficient evidence, but he did not
consider it carried interest.
The plaintiff's attorney quoted a ea3e in which it had
been held that an action to recol c sny debt or sums,
Payable on a day certain, the jury might, if they they
thought fit, on the trial of any issue or inquiry, give
i
interest, not exceeding the ustell rate.
, The Learned SECONDARY said,interest would unques-
lobably
be recovered on the note from the maker, but he
was very strongly of opinion that a guarantee to pay
the note did not embrace any liabilities on it. He had
no doubt that if the jury gave interest the verdict would
be disturbed.
A verdict was then taken for the 1501.
The SECONDARY said another action might be brought
against Carter for the amount of the interest.
There were two other cases, but the solicitors not
being in attendance, the jury were, after being detained
nail. an- 11 our, discharged.

kARLBRO'-STREET—(THIS DAY.)
A VIXEN.—Emma Williams, a woman of the town,
was brought before Mr. Hardwieke, charged with creating
a disturbance, and breaking a square of plate glee's,
value 21., at Mr. Taylor's, Plough Tavern, No. 305,
Os-ford-street.
The complainant stated, that about half past four this
morning therel was a disturbance in his house between
the defendant and a cabman, and on his (witness) re-
questing her to be less noisy, she took up a drinking
glace and threw it at him. He then put her ont of the
.°llBo, and about five minutes afterwards she came back
'gain, and on his refusing to admit her, she broke a
large pone
glass with a stone which she had picked
hern the street. lie then called a coustable, and gave
lit charge. Complainant stated that it would cost at
least 2/. to have the glass replaced.
The prisoner, who did not deny the charge, was fined
4°.1., and in defeat committed to the House of Correc-
tion for one month.
The prisoner, on lertv;ng the dock, caled out that se
Would smash every b-- window in the house when she
came out of " quoci."
withVni
t• Collins, a servant out of place, was charged
being drunk and assaulting the police.
Hyland, 107 C, sail he was on duty in Oxford-street,
at three o'clock this morning, when he saw the prisoner,
-: was much intoxicated,
with his coat off, challenging
constable
one to fight him. Witrpss and another
nent up and persuaded him to go home quietly. Ho
refused to d) so, and swore with an oath that he would
cot go ti
y"Peeler."
10/1 11 he had smashed over
d up ;his, threat by knocking the other constable