The Sun.
London, England, 1836-01-12 00:00:00

THE FUNDS.

There being no arrivals this morning of any consequence,
the British Funds continue inactive at present. Consols
opened at the prices they left off yesterday, 92-a- II for the Ac-
count, with scarce a bargain ,doing ; For Money, 91* -I ;
Omniurn, 41 ; Exchequer Bills, 21 23 ; Bank Stock, 214 i ;
India Bonds, 5 7 ; India Stock, 2521 2531.
In the Foreign market there is little or nothing doing in the
Foreign Securities ; and the prices are much the same as they
closed at—Spanish Active, 50/4 ; Portuguese, 841 85 ;
Three per cents, 54+ 55 ; Colombian, 33i ; Mexican,, 38i ;
Dutch two-and-a-half per cents, 551 ; Five per cents, 103+.
The Dublin Evening Post received this morning, states
that they have received accounts of another Tithe battle, in
which two persons have lost their lives.
HALF-PAST ONE.
Up to the present hour na American Papers by the packet
of the 24th ult., from New York, have been received, and are
not expected until the evening.
We have no further arrivals, of any description, to com-
municate.
Consols have continued steady during the morning at 921 +
for the Account, with little doing. Exchequer Bills, 21 23 ;
India Bonds, 5 7 ; Bank Stock, 214 2141 ; India Stock,
252 253. •
In the Foreign Market Spanish Active Bonds have become
heavy since the morning, and receded from 50+ i to 49g.
Portuguese, 841 i; Three per Cents., 54i ; Colombian, 33i;
Mexican, 371- 38i ; Dutch Two-and-a- Half per Cents., 55f.
THREE O'CLOCK.
Consols for the Account, 921 I.
THE FUNDS.—CLOSING PRICES,
BRITISH FUNDS.
Bank Stock 'll4 Ornni.im 471, pm.
3 per Cent. Red. 9134 India Stock
3 per Cent. Cons 9114 Ditto Bonds
ly., per Cent. l4O South Sea Stock
3t4 per Cent. Red 10014 Ditto Old Annuities
New 3Y2 per Cent 99N Ditto New Annuities ......... ... _
4 per Cent. Assented
Dissented — Ditto 5001
Long Annuities to expire Ditto 50'1 - 20 20 pn.
Jail. 1860 16% Banklndia
Stock Stock finor, oApcgt. ..
. . .
.......................
Oct. IS LO
Jan. 1860 —
Consols for Act. ......p..e..r. .
c..e.i.i..t.. 9234
FOREIGN FUNDS. ,
Portuguese Bonds, 5
Ditto, New Ditto ............. .... ii-;
Prussian. 5 per cent. ...,.. ...
...
Russian Bonds, 5 per cent ...IQ9
Ditto, Metallic ........ ... 9.-- -
Spanish, 5 per cent .............
' 5714
Ditto, 15.14 _
French, 5 per cent
Exchango —l. —r.
French, 3 per cent —t. —e.
Dutch, 21 per cent , 55
INtto, 5 per cent, 6.103. 4

Austrian, 5 per cent —
Belgian, 5 per cent 10174
Brzzilian Bonds
Buenos Ayres, 6 per cent 36
Chilian, 6 per cent —
Colombian, 6 per cent. —
Ditto, I fk2,l Mt'
Danish Bonds _
°reek Bonds, 1525, 5 per cent 66%
Mexican, 5 per cent. —
Ditto, 6 per cent.' 18:15 ..,
reruvian, 18250 per sent,

BOLLS COURT.---(THIS: DAY.)

lITLAND V. SANTIS

~ ....,,....... ~.. ..,....._..,
Ills Honour the MirrEu of the Ilei.i.s gave judgment this
tnirirni,kt in this case, in which the bill was filed by the plain-
tiff, the qt.ltilt of a person named Ryland, for the purpose of
having it declared by' !lic Court that she was entitled to certain
sums in the funds. The defens4..nts were the' assignees of the
late husband of Mrs. Ryland,- who, pre,-.13 to his death; had'
become bankrupt, fifid they contended they were
en h;
to
the funds in question. The plaintiff claimed the money by
sUrtitorship, as never having been received into possession by
Het late husband. His Honour was of opinion the plaintiff
*as clearly eutitled; and decreed accordingly. -
___ ......—.,

THE SOLICITORAE/ONEfiliL V. THE AND CORPORATION

RATH.
Thin *Pi an infermaticin filed for the due administration of.
certain charity tiftirqtty giiren to the Corporation of Bath by
Edward the Sixth. Out tirOeteds of the property the
Corporation were to find a schoolmaster fit ii ilonaal stipend of
101., and also to relieve ten poor persons -of ti-id town and
neighbourhood of Bath. Some time since it was alleged that
the school, of which the Master was at the head, had been ne-
glected, that no poor person had received relief for some time,
that the Corporation had mixed the property with its own, so
as to render it almost impossible to distinguish it, that they had
received large tines for the renewal of leases of the charity
property, which they had devoted to their own purposes ; and
that they had otherwise mismanaged the charity property. An
information was at that time filed, under which the Corporation
were directed to Set out the lands belonging to the charity,
and to state what sums bad received in respect of re-
newals, under the forfeiture of s,6ittsif This decree was never
acted upon, and afterwards the present iiifftrtnation was flied,
gpent
the defendants at the time having stated, that they !IEIGI
more than the sums they had received for fines, in buii,4jlg:
connected with the charity.
. His HONOUR this morning gave judgment, directing a refe-
rence to the Master, to enquire of what the charity property
originally consisted, what sums had been received by the Cor-
poration for the renewal of leases of the charity property ; and
for a scheme for t e futurel application of the charity. The
Master to be at liberty to state special circumstances.

CHERRY V. MOTT.

The question in this case arose under the following codicil
to the will of a person named Benjamin Cherry Whereas
it is my intention, if it please God to restore me to health, to
see the Governors of Christ's Hospital, and contract with them
for the perpetual presentation of the son of a freanan of the
town of Hertford, and if I should not live, I beg they do
so out of my property." The testator died without entering
into the contract, and the question was, whether the legacy
was not void? The Governors of Christ's Hospital refused to
receive the sum offered, and it was contended the legacy was
Void under the Statute of Mortmain.

His HONOUR this morning gave judgment, declaring his opi-
nion to be, that the legacy was altogether void.
THE BRIDGEWATER TREATISES.—KIRBY V. PICKERING.

In this case an injunction had been obtained some time since
by the plaintiff against the defendant, restraining him from
publishing more than 2,000 copies of the Treatises, written by
plaintiff, under the direction of the Royal Society, pursuant to
the will of the late Duk of Bridgewater. It appeared from the
statements of the plaintiff that he had agreed with the defen-
dant, who is a bookseller in Chancery-lane, to publish 2,000
copies ; he had, however, taken upon himself to publish 5,000,
to restrain him from doing which was the object of the in-
junction.
Mr. BICKERSTETII this morning, on the coming in of the
defendant's answer, applied for the dissolution of the injunc-
tion, that answer swearing that the plaintiff had made a sub-
sequent verbal agreement with the defendant, allowing him
to publish 5,000 copies.
Mr. PEMBERTON said, it was apparent there was some mis-
understanding somewhere.
The MASTER of the RoI,Ls said he had read the affidavits
and answer, and after doing so, he thought that the better
thing for both parties would be to make some arrangement
without the further interposition of the Court. It was clear
both parties thought they had been doing what was right.
. It was ultimately agreed that the injunction should be dis-
solved, and that the matter in dispute should be referred to a
literary gentleman.

KING'S ji'ENCIL--(THIS DAY.)

TAYLOR V. DEVEY AND GRAIIAM.

This was an action of trespass to try the right of the parish
officers of St. Bride's, Fleet-street, to pass through the plain-
tiff's house in their triennial perambulation of the boundaries
of that parish. The case was tried before Lord Denman, at
the sittings at Guildhall, on the 14th December last, when a
verdict was had for the defendants, thereby establishing the
right of the parish officers to pass through the defendant's
house.

Mr. CRESWELL now moved for a rule to shew cause why the
verdict for the defendants should not be set aside and a new
trial had, on the ground of misdirection ; or, if the Court was
of opinion that he was not entitled to a rule on that ground,
then that a verdict should be entered for the plaintiff, non ob-
stante veredicto. _ _

Lord DENMAN—I don't think, Mr. Creswell, you can com-
plain of misdirection. You had all the advantage of any di-
rection given to the Jury.
Mr. CRESWELL had not had the advantage of hearing the
charge of the Learned Judge, but he had been informed that
his Lordship, in addressing the Jury, had stated that reputa-
tion would not be evidence in such a case. There was this
peculiarity in the case, that the line of the house was not the
boundary of the parish ; nor was it, in fact, the nearest point
to the boundary that could be taken. On this ground he con-
tended that evidence of the custom should have been admis-
sible. The second point upon which he relied, and on which
Ile would contend that the plaintiff was entitled to judgment
non obstante veredicto, was, that in their plea the defend nts
had alleged that they were in their perambulations, and it must
be taken to be conceded that they were on the boundary, or,
if not, the plaintiff was clearly entitled to a verdict ; but the
plea does not allege that they were on the boundary line, nor
does it allege that it was necessary for them to take that line.
If, on the Other hand, the plea is construed to mean that they
were on the boundary line, then the evidence produced at the
time negatived that plea, and the plaintiff was entitled to a
new trial, such plea not having been made out. On these
grounds he contended that he was, clearly entitled to a rule in
the alternative.
COURT—You may take a rule generally.
THE KING V. WARD.

This was an indictment for a nuisance, preferred by the
Corporation of Newport, Isle of Wight, against the defendant
for having erected a sham pier at Cowes, on the river Me-
dura, which, it was alleged, obstructed the navigation of the
river. The case was tried before Lord Denman, at the Win-
chester Summer Assizes, 1834, and the Jury returned a spe-
cial verdict, that the pier or wharf in question was a nuisance ;
but that the inconvenience was counter-balanced by the public
benefit derived from the pier. A rule was subsequently moved
for by Sir William Follett, on the part of the defendant, to
enter a verdict of Not Guilty, on the ground that the finding
of the Jury was equivalent to a verdict of acquittal.
Lord DENMAN now gave the judgment of the Court. The
case mainly relied on by the defendant, was that of the King
v. Russell, in which Lord Tenterden was of opinion, that a
verdict of that nature was equivalent to an acquittal ; but Mr.
Justice Littledale, who was present on the occasion and had
given no opinion, was now of opinion that that rule should not
prevail. Many evils would arise from capitalists and adven-
turers being allowed to interfere with kriown public rights, and
then' taking the opinion of a Jury upon the counterbalancing
advantage of the improvements effected by their speculations,
while no inconvenience could result from abiding by the oppo-
site principle; because all great and acknowledged improve-
ments would soon bring about a change in the law, reserving
a reasonable compensation to the parties whose rights were
affected. On these grounds, the Court was of opinion that
the verdict of the Jury did not entitle the defendant to an ac-
quittal, and consequently the rule must be discharged.—Rule
discharged.

EXCHEQUER COURT-(THIS DAY).

SIRONI U. THE EXECUTORS OF KIRKMAN.

Mr. CRESWELL moved to set aside the verdict for the de-
fendant, which was obtained in this case at the London Sit-
ting! after term. The action was brought to recover the sum
of 40/. from the executors of Mr. Kirkman, a celebrated
pianoforte-maker, upon an agreement between him and the
plaintiff, dated in October, 1814, wherein the deceasd
ac-
knowledged the receipt of a pianoforte value 401. to be al-
lowed to the plaintiff on his return to England in the pur-
chase of another pianoforte, which the plaintiff agreed to
make. The plaintiff alleged that he had never been in Eng-
land till March, 1834, when when he found Mr. Kirkman had
been dead since 1830, and as the executors had no pianofortes
he brought the action for the recovery of the money. On the
trial, the deceased's handwriting was proved by one of his
sons, which was the case for the plaintiff.
The defendants had pleaded a satisfaction of the contract by
the sale of a pianoforte for 75/., and the Counsel at the trial
wished to put in the books, but the plaintiff's Counsel objected
to them, and it was held good. He • therefore addressed the
jury upon the improbability of a person who was only engaged
in the Orchestra at the Opera sleeping over his right to 401.
for 20 years, and they found for him.
Mr. CRESSWfLL now moved to set the verdict aside upon
the ground that the pleas put upon the record were not made
out, and that therefore the verdict ought not to stand.—Rule
Nisi granted.
The Court then proceeded to the new trial paper, all the
morning, with the case " James and others, assignees, v.
Griffin," which was part heard last term.
We are sorry to learn that Mr. Baron Bolland is unable to
attend the Court in consequence of ill health.