The Sun.
London, England, 1847-06-05 00:00:00

ROLLS' COURI; June 4.

ATTORNEY-GENERAL I. GILBERT.- KING EDWARD'S GRAM-
NAR-SCHOOL IS BIRMINGHAM.

The ATTORNEY •CrENEILLL replied today at considerable
length in this case. The matter came before the
Court upon an ex-officio information filed by her Ma-
jests's Attorney-General on the recommendation of the
Charity Commissioners, made so long ago as September,
18:35, for the purpose of settling a scheme for the administra-
tion of a charity, to set aside certain leases of the charity
property alleged to have been improperly granted, to take
an account of the profits accruing to the lessee in respect of
the property, and for the application of the income, as to part
thereof at least, in a manner different from the present usage.
From the statement of Clmnsel, it appeared that a Mr. John
Milward, who was born in Birmingham, received part of his
education at. BrasetiseC;ollege, Oxford, and resided for a con-
siderable period of his lit e in Haverfordwest, being desirous or
bestowing some lasting benefit On these three places, inserted a
provision for that purpose in his will, bearing date the 101 ii
une, 1654. The clause wan to this effect :—And in respect of my
.Michael
1 Hunt,ey, in
at et
t hceo county estate, withnotNhvelaept tf,u,rrimencrnciestoinAil
nt
76/4.raw}c'ek;r, and all my Tight in lie house and premises with
the appurtenances, in the town of Birmingham, called the Red
Lion, I devise the same to the bailiff of Birmingham for the
time being, the principal of Brasenose College, Oxford, for the
time being, and the may or of the town and county of Haver-
tordwest, and their t 11Cei 8.30r5, to hold the same to the uses
hereinafter men' ioned ; es to the first two years after my
decease, that the rent of the estate be paid by Michael
Hunt to my executrix, for the five daughters of Jenkins
Howell, of Haverfordwest, and for the residue of the term,
81. 13s. 4d., one-third part of the annual rent, to be paid to
Michael Hunt, by the direction Of the bailiff, to the school
of Birmingham, for the maintenance and use of the school -
master, 8/. 13s. 4d., by a like direction of the mayor, &c.,
to the school at Haverfordwest, for the schoolmaster, and
8/. 13e. 40. to Brasenose 'College, Oxford, for the part main-
tenance and education therm of a scholar to be placed or
sent there by the schools of Birmingham and Haverfordwest
in turns; and the income of the Red Lion to be applied in
three equal shares forthe use of the college and the schools.
And after the expiration of the existing lease of the estate in
Bordesley, the same as well as the Red Lion was to be let at
an improved rent by fine or otherwise, so that a rent of 26/.
be always reserved as before, and if a line be taken,
that it be equally for the schools and the college.
And the testator appointed Elizabeth Thomas his execu-
trix. Atter the death of the testator the trusts of the
will were carried out in this way. The principal of
Brasenose College, the mayor of Haverfordwest, and the
schoolmaster of Birmingham, leased the property at first
together, and afterwards separately, and the rents and
profits were received by them and divided equally, and
ultimately, when they began to lease separately, each re-
ceived his own share. The schoolmasters of Birmingham
and Haverfordwest, however, each received the entire of the
one-third of the proceeeds, but the college retained their one-
third for their own use, except the sum of 8/. 13s. 4d., which
they paid to a schol rr when there actually was one sent up
by the schools, but which they also retained fur their ow:.
use when there was no scholar. After the parties began to
make leases separately of their respective shares, which was
a, tar back at all events as 1710. the leases were for a term
of twenty-one years, at a rent of 261., renewable every seven
years on pee merit of a fine. This continued till
the year 1762, in which year the mayor of Ha-
verfordwest granted a lease for ninety-nine years, at 88/
a, year, the Birmingham School and the College con-
tinuing to let as before. In 1829 the Birmingham School
granted a renewal of the lease of their third, at a fine
of 158. 175., and in 1838, Dr. Jeune, the then master.
agreed with Mr. Taylor, the lessee, for the renewal 0,
that lease, but subject to the approbation of the Court,
fhe informatiou having been filed. Dr. Jeune hat:
got the appointment. of Dean of Jersey, and, there-
fere, wished to exercise his right to renew before leav-
log the school. The information sought to establish the
right of the scholar sent from Birmingham or Haverford-
west to the whole of the one-third profits of the estate,
whether in the shape of rents or flues, and of course to de-
prive the college of the beneficial interest therein; but it
lid not prop se to disturb the application of the fund
as regarded the schools, the whole, in fact, being en-
toyed by the masters The information also sought to set
emote tue leases of 1762, of 1829, and of 1838, and to
eke an account of the profits accruing to Mr. 'Taylor.
It was stated that the propel-my was worth 400.. a year,
and that Mr. Taylor hail a pre fit of 3501. a year.
The MASTER of the ROLLS, at the conelthion of the Attor-
ney-General's reply to-day. poetponed giving judgment, 0,
order to affOrd all the parties an opportunity of seeing whether
a- not some arrangement could be come to ainorig them.
The case was ultimately ordered to stand over to the I lth
of the present month.

VICE-CHA,.VC_ELLO:!6' COURT, June 4.
(Be►ore the VICE-CHANCELLOR of ENGLAND.)
His Honour the Vice-Uhaneellor of Ehgland w: s occu-
pied the whole morning with unopposed cause petitions WTI
short causes.

'COURT OF QUEEN'S BENCH, June 4.
N.° cases of public interest were heard in either this or the
Bail Court during the morning.

COURT OF .8 .4.1% ARV P CY, June 4.
Before Mr. Commissioner SHEPII RD ).
RE LONDON AND BIRMINGHAM EXTENSION ANI) NORTHAMP-
TON, DAVENTRY, LEAMINGTON, AND WARWICK RAILWAY
COMPANY, BANKRUPTS.
The first meeting for the proof of debts and the choice of
assignees under the fiat was held to-day.
Mr. ASHURST said that he had to make an application to
the Court on the part of the petitioning creditors, whom lie
represented, for further time to enable them to obtain the
necessary books.
Mr. I...kuitiNcs opposed the application, which, however,
was eventually agreed to, and the 24th instant, at eleven
o',lock, appointed for the proof of debts and the appointment
of assignees.
(Before Mr. Commissioner SHEPHERD. )
IN RE FISHER.
In this case the bankrupt, who had carried on business as
a swot n broker in Thames-street, came up to pass his last
examination.
Mr. Pittss examined him at great length, and elicited that
he had bought and sold on his own account, and entered the
transactions in his books under the firm of Smith and Co.,
in order to prevent his clerks from knowing his transactions.
The bankrupt hesitated answering questions as to whether
he was not aware that he was prohibited, being a sworn
broker, from buying or selling on his own account.
Mr Punts insisted that as the question was not one which
tended to criminate the bankrupt, that he was bound to
answer—he could at all events only be liable to a civil action
on his bond.
Mr. LAWRENCE said there could be no objection to an-
swering.
Thebankrupf. said the question had never been settled by
the Court of Aldermen.
The t urther examination was not of general interest, and
the bankrupt was allowe.l to pass.

SECONDARIES' COURT, June 4.
(Bet' re Mr. Secondary JAMES.)
MARGETTS V. PINNELL.

This was an inquiry to as,ess damages by way of compen-
sation for injuries suffered by the plaintiff' through the
negligence of the ecfetidant's servants.
The plaintiff suffered judgment to go by default.
The Learned SEcomnattr said it was a great pity the
parties could not agree upon the amount of the compensation,
fir it was quite clear that although no personal blame at-
tached w the defendant he was liable for the negligence of his
servants it any accident occurred to other persons. The facts
appeared to be very simple. The plaintiff, who is an elderly
female, was passing
.down Watling street when the defen-
dant's men were letting down a barrel from the cart, arid it
unfortunately tell and broke the plaintiff's leg. It would be
very easy tOr the parties to a;:ree.
Mr. CHAasocx, for the plaintiff, said he, and Mr. Phinn,
for the defendant, thought that the best course. but as the
parties were riot presen., they could not consent.
Evidence was then adduced to show that the large bone
of the Plaintiff's right leg had been broken, and that she
had been confined to her bed ab..ut ten weeks, and the sur-
gical bill amounted to 141. Pldintiff is an elderly female, 73
years of age, and likely to feel pain from the injury as long
as she lives.

Mr. i'IIINN addressed the jury in mitigation of damages.
'rite jury gave a verdict for 40/.
The plaintiff is a widow, and defendant an oilman in the
Minories.

POLICE INTELLIGENCE.
Mai;.SIO
REGISTER OF SEAMEN. Durvd Davies, E White,
and S. C 00.% seamen, appeart d betore Ahierman Mus-
grove to answer for the violation of the 7th and Bth
Victoria, cap. 112.
Mr. Coleman, of the office of the Registrar-General of
Seamen, stated that by the 22d c!au e of the Act, "1'
any seaman shall Ise his register ticket he shall !orth-
with appear In person and represent his case to the Re-
gistrar-General
register;
agsa
stcipr:potuteermnra-
aGp;rvtetorbhnoiutalltatrebairtil)i.o:):ft:frc.ahaSpaueise,
tameanaitnaLnyonr•)ifotnh,eooruttph(e)rCts,:llaenedtpirt
appear
ahh
ratt 81
11 beenh
bet
er7isinjahi
mteld:a(ali
thid lite loss
take
due and reasonable care of his fowler ticket, or if he
shall not give a satisfactory account of the same, he shall
be liable to a penally of not exce. ding 10s., and not less
than 25., and shall not be entitled to any otner ticket
until such penalty shall be paid." There were inultitu,tes
of seamen whom that clause, which had been introduced
for the particular advantage of the service, affteted. The
three defendant.; were liable to prosecution under a more
penal clause, but as the exact offence with which they
were charged had never before been exposed, and it com-
prehended the cases of such masses of bearnen, it was
considered most advisable to proceed upon that clause,
with a view to the efficacy of the example.
shiTllhinegrsegfoisrtewea-tg.
iecs andk,et of Davies, which was numbered
348,460 was then produced by Mr. Colenvan, who stated
tbatoiDietsh'es
snhaimne was
st,e returned to the office, he having
signed articles in the Sarah Louisa, and received nineteen
Davies as his. tnotick he at vhiandg pheerefnormi(eiednttihfieedwehryk
or i naL
Similar proof was given in support of the charges
against the other prisoners.
Davies questioned the power of the Alderman to act in
such cases, and contended that he and the other prisoners
were the azgriered parties.
Alderman MusortovE said that the registrar had, in
the most lenient manner, prosecuted under the clause
which inflicted the smallest penalty. If el verily ha I
been that official's object he might have add, d thirty
days' iniprisonmint to a heavy penalty upon the trans-
gression, but no vindictive teeling pre% ailed. The
sentence upon each of the prisoners is, that he pay a Pe.
nalty of 2s. for having tort his register ticket. Upon
the payment of that penalty a new ticket will be given
to each of them, but not betore the fine is discharged
I inflict the lowest penalty, as these aro the first cases
of the kind.
Mr. Goodman, the chief clerk, said the Act was ne-
cessary to ascertain the amount of desertions, and the
serving, v
prisoners
names of the seamen, and in what vessel they were
gis,onsoertshhaatdthbeeeunbservanee prosecuted was quite ,
t the clause upon which
indispensa-
ble to the improvement of the service.
Cook paid the penalty. The other two said they had
no meaus of diocharging the fine, and were consequently
refused the privilege of the fresh tickets.
A waterman, named John Finnis, was charged with
having attempted to extort motley from, and having
grossly insulted, Mr. Williams, a gentleman who resides
In Sackville-street.
The complainant had a few nights ago accompanied