The Sun.
London, England, 1841-03-11 00:00:00

LAW INTELLIGENCE.

ROLLS' COURT, MARCH 10.
ATTORNEY-GENERAL V. BIRCH.--.-JUDGMENT.

This was an information filed at the relation of
Samuel Kendrick, a parishioner of Handsworth, in
Staffordshire,against certain trustees appointed for repair-
ing and maintaining the bridges within the above parish.
It appeared that by a deed, dated t2oth of Oct., in
theteeth year of the reign of James 1., Nicholas Hodgetts,
the cousin and heir of John Hodgetts, the surv:ving
leoffee of hereditaments before given fur the mainte-
nance and reparation of bridges within the parish of
Handsworth, at the request of some of the inhabi-
tant 3, enfeoffed and conveyed to Edward Somford
and other inhabitants of the parish certain mes-
suages and pieces of ground on trust, to apply
the rents towards repairing and maintaining the
bridges within the parish, and to apply the
surplus, if any should remain, towards other good and
charitable uses within the •parish. The information
prayed that the trusts and funds might be ascertained
and administered according to a'scheme to be approved
of by the Court, for an account of the trust estate,
and other similar inquiries.

The case was are; and a1t...0 partly d",poEed of 0'

the Court. yesterday,
110 MASTE.a of the ROLLS 01)3CrVilUrt tha't vll4'
ther, if the Attorney-General had ktio..;il the bridge's
which were county bridges :vete supported in the vial
that bridges of that class always were supported, 001
by rates levied on the rich, he would have sanetleer
this infermatic rno
o, which was to cc
• el the application 01:
the funds in case of those rate,,, and therefore the /4
draws! of any large surilus kr the benefit of the Pe°l:;
was more than his Lordship could very well take tiFebt
himself to say. However, as the ease had been houk
Eke
before the Coart, it became necessary to kle-e
such directions as were proper. There must be
an inquiry by the Master of what the uh°.irl,
property consisted, and what bridges the trasieco
were bound to repair, as the trustees were, rid,
doubt how they ought to apply the funds.. Ills °be
ship did not apprehend it would be proper for ibt
trustees to interfere with a county bridge, which oug
to be sustained by the proper authorities ; and he ieWAs;,
of opinion the character of the trustees had been tied;'
catcd by the course Oat had been adopted by the r',,'rf
tors, who had abandoned the personal eharegs p"ts'
had made by their information. The question of c°s
he would consider. In all these cases it had 1)000
quite necessary for the Court strictly to observe the ;
duct that was pursued by the relators. There was 0 tl'
when informations, which came before the Court re;
commended the name of the Attorney-Gunc"l"
might with great propriety, and certainly with Or;
great safety, be at once entertained ; so that it
vi_A
necessarily supposed that that which he bad sanetiou;
and lent his name to was deserving of the most seri°,..
attention, and parties who had to resist these inform
tions, were forced to prove that every thing' whicills:
alleged against there was untree. But of late Y-4
informations had been filed of such a character that„'•
became absolutely necessary, for the protection of Ile
property to examine and scrutinise most carefully rye
evidence brought forward in support of them. It 1,4
not to be denied, however, that some informations6d,„
in a very extraordinary manner had nevertheless le
a very great deal of good, but there had been °dr
others in which the result had Leen the absolute

struetHiston of the
IP pr.
LORDSII, in ocoming into Court this 111°311d 1:bg;
stated that he had read oser the information Oleest
answer, and it appeared that there had -been a %tett
variety of circumstances stated which ant°ll-tbs
to erroneous, if not false charges, agtlittalt tot
trustees, and he was of opinion the relator ollguitost
to have any costs up to the hearing. The subla
costs upon the prosecution of the inquiries he wall"
ntitled to. G
ATTORNEY•GENERAL V. NVIMBORNE ItIINSTER
MAR SUOOL._JUDGMENT.
His LORDSIIIP also gave jdugment in this ease' d, 0
was argued seine time ago, upon a point reeetv-kes.
to the time from which the account ought to ba
It appeared to his Lordship that the plaintiffs, re
acted in precisely the same manner with resPec"tbe
the trust that their predecessors had acted fr°ll
the
f undation of the charity ; and the justice oihnuld
case did not, therefore, require that the accounts 57,00.
hs carried back further than the filing of the infortna-
V ICE- CIiANCELLOR'S COURT, YlABcil
TURNER V. TRELAWNEY. , „O
The suit in this ease was instituted for the Pt`tiott
of having it declared by the Court that the &tee°
it
was the trustee of certain mining shares for tabs
signees of two persons of the name of Groldrit; eett
were bankrupts in 1819. The plaintiff, Mr. el."„rdlit
was the sole assignee of Thomas and Johnin-lell
who were formerly traders in Cornwall, and defied'
interested in certain mining concerns, and the 'fools
ant, Mr. Trelawney, was a gentleman of cons° TO
landedi‘i property iu the neighbourhood of Helsto°' et.
essrs. Guudry, previous to their bankrupteY,
der'
bo
largely concerned in mines which were n° Tbo
land of the defendant, and which were called err
f
Wheal Vor Consolidated M the ines." Up to Or
1819 there were about twelve persons ist;
sesl
rested in there mines, the Gundrys 1)°,45- Job°
between a third and a half of that interest, an 0.04
Gundry acted as the purser. For some time tue the
went on prosperously, but in consequence • °", be;
Gundrys becoming embarrassed and
i quarrels
twten the patties, the concern became unprofitanted
it was then discovered that the Gundrys were ittuijegerS'
to a considerable amount to the partnership 0;01
The Gundrys admitted the debt, and in Nwiecige°
1819, they executed a deed by which they s-`eitf
nineteen shares to trustees to hold them as an,sehe-
for the balance due from them to the concern. The
as
041
cumstances of the Gundrys becoming more ernbolc,
every day, in Jan., 1820, a commission Of
,;100°
rupt was issued against them, and it nv-ect ts,
necessary to come to some arrangement with resr-cdelP,
the future working of the mines in this arrasngc-0
a Mr. Grylls, who was the manager; for the Vukhooof
Leeds, who had large property in the neiglib°lirk
and who was also a solicitor and banke-, t°l° 001
its
stivc part ; several other parties joined bin), a°l:42itet
found necessary that additional Jl'o'
shouldeinhge raised, it was resolved that they 511„°°dee'S
scleevour to sell the mines through the Vice;"s'oea
ourt, and induce other parties to take slicreses,lll.4l
the plan of paying 5001. per share. INlr.':t'ioo,
who was active in carrying. out this nr°P°7l,eit3P
was shortly afterwards, together with a Mr: a
chosen assignees of the Gundrys, who PO re
relinquishment of their shares n the tniPetegjriii‘
serving, however, their interest in the 011.3-Vie;
Certain procee.lings were then instituted in t,Pci, 00;
Warden's Court, and in the end Mr. Grylls -:Pe"
the mines ; the parties then proceeded to form -40
concern, and among the parties whO applied t° 00
shares were the tru tees of the defendant, tgb°o3°
then under age, Mr. Grylls representing 000
unless the new shares were taken the tnin„e,s,. Tit'
stop working, which would great! • injure „,.,"`,;; tear
lawney, both as land and boundary }owner. t`',:t
tees were averse at first to takine shares, ""h-, ntr
mately they agreed to take four shares, upon t--00e9
derstanding that Grylls was to lend them the
for the purpose. The concern having tut° init'u
protitabk to ail parties, the present suit was instioccg
for the purpose of having it declared that tb° Lace!
were h,ld by the defendant as trustee for the ast,„
of the Gundrys. The cause, which has been:s'n'ticast'
times before the Court upon interlocutory al'Ph-d tb°
both (luring the time of Lord Lyndhurst
present. Chancellor, now came on for hearing. ~,, or
Mr. Jacob, Mr. Richards, and Sir W. Va",;tsrli°4,
peered liar the plaintiff, and submittel teat, Lictset_Ac'
to tile practice of the Court, and the circurveletcy
that had taken place, the defendant must be c°°s'
as the trustee for the assignees of the GlundrYs%. t tb°,
Mr. JACOB, is opening the case, observed Lt'3Coet"
cause would be memorable in the annals of ttle, erter,l'
of Chancery, for having in it one of the lonosA'e,...to°-
rogateries ever known in that Court. IV/FPnig:ii
that one cross interrogatory extended to 15,-'
The VICE-CHANCELLOR—I suppose it ism "-
t Gor
reach to the Land's End.—(A laueh.)
The arguments oa behalf of the 'plaintiff bad 13°

eluded when the Court rose.
Itolls
„e@
THE LEARNED HORSE EXH J' IBIT"
-
HER MAJESTY.--It Kill be remembered that, °ijr frrisili;
or four months age, a " learned horse" and a ‘ sAibert d
fox". users exhibitef to her Majesty and Prices aordiliab,
Windscr Castle. The horse, amongst other Ott:"
feats, spit the names of the Queen and iris 11°)IcAreleo
nest, told Ler Majesty the time of day, 110d,foroetj
several tricks upon the cards, highly to the ar% 0,
its illustri Jus visitors. The proprietor, betsevbre'se 11'0
recently become involved in difficulties, botb ,ect s p,
derful animals were last week sold by auction, "Abisgclool
of execution from tie Sheriff of Berkshire, at ca t°
by Mr. Harris, and knocked down (it is svPrAs Pd.
aglit of Mr. Duero%) for a mere song- tbs° Dt
iodise I only fifty guineas, and the fox not vi4se%,
10e. During the time the roprietor, Mr. "ho
Windsor, he was offered a lap, ge sum for the herdost
bibit in London, which he refused. It is stated at
party who made the offer, would not IrwitLsPe
r for
,7 •
SPOONS, FORKS, &0., superior to Siiverks is o;
rability, equal in appearance. Table Spoons or t°ooll,ior
Dessert, 10s. ; Tea Spoons, fis. per dozen; Table` .f weetuo
8 inches high, is. per pair; the particular sle'ooy ac•
these articles are made is so like silver, that it
vCer on'
from it by the stamp ; every article made io silO
et
tured in this material by ford'stree 'veg.
lIIPPON and BURTON, Wells-street, Ox for there°
Who, to prevent imposition, confine the sale of it to
Catalogues of prices gratis.

- . . .
BIRTHS. titer. the
At Elm Park, Limerick, Lady Clarina, of a clang— dace,
On the 9th inst., in Spencer House, St. Jarnes 5'
lady of the Hon. Richard Watson, of a son.
10,.
lIIARRISD. ;ff OD, htt•
On the 9th inst., at St. Mar} Abbott's, N-eng'''t clog
Thew,of Hyde Park-gate, to Anne Catherine, eldest
en
of C. Thompson, Esq., of Kensington-square. 5 ftogo,
On the 9th inst., at St. Jame s's Church. SYlv3nut Cate
only son of R. Partridge, Esq., of Queen Henry
Anne-Wee 'fla'V
dish-square, to Emily, youngest daughter of T. tot
Esoq.n,
tohfeC9'ltihffoifirts,trae.tets,ta.ni‘d;alS.kid,s7 -place, gent: ~ •ontig t.
son of the late Arthur Shepherd,
morland, to Jane, eldest daughter of H. Carne, Esq.
KEesqn.n,inogftonshaJZ.nen':do,fl;atest,

road, Stockwell.

' --------
t, u"-
FisOhenr,tlaiege2d7:llo.of Februaßry,lßSiDr .W. L. Cromie, BaCh fAr
son of Sir Michael Cromie, Bart , and grandson of the Ow
of
On the
' jobil
the Ist inst., at Dunkeld, North Britain, Mrs'
• Pe
On the 3d inst. Mr. W. illitchell, of
road,Regent-street, 111110-
aged 88. I Yarn
Vernon,
n the 4th inst., in Broad-street-buildings, city! "" .
()o Esq., aged 86. 331 Yile'
the 7th inst., at Tunbridge-wells, the Rev. B. '
moOronhathner,7tohf :Isisith.,,oEr.rsnrreoset
for 34 years Rector of Limpsfield, Surrey, aged 63. , ate
't,foßurlothornsosnbey°2
Oxford, aged 7. f Williv.
On the Bth inst. Frances Cotes, eldest daughter 0- r
Yatman, E.-,q., of Great Russell-street, Bloomsbury-10:011,
Esq.,On formerly
eBrtlhy.ionfstiii,sabtorlY,oark.e-d'ou7i9ld.ings, Islington, 11-
L utairndcotAill
,thoef
theBth
inizos)ta.,laittrlrNrinko,rlwich, Mrs. Luard, wife. of .---
__ _____ ...-......r.- .arfiadtons,r.l3ciate..,4,
-----;,-opi Lis •
London: Printed and Published by MIJIIll() Yu`:_...netli
No. 112, Strand, at The Sun Office, No. 112; 5i.441.7.
1/'
the county of lkiiddleseis.—Thursdah March 1—
.