The Sun.
London, England, 1824-11-22 00:00:00

LAW INTELLIGENCE.

COURT OF CHANCERY; Nov. 20.
IN THE MATTER OP THE PUCKERIDOE CHARTTY.
Lady Puckridge, in the reign of Queen Elizabeth, had de.
wised, under trust, the means of this Charity, which was devot-
ed to the relief of widows and orphans; hut, by lapse of time,
it was apprehended that corruption and abuse had thwarted the
design of the founder, and the Court had directed the Master to
inspect the accounts, who thereupon reported that the accounts
were fair and accurate, from the first ►late down to the present
time. Ile was then directed to amend his report, and declare
clearly to what widows and orphans the funds were available—
namely,' those exclusively of the parish of Hartley, in which
the establishment was placed, or other widows and orphans
living out of the parish. The aster reported in favour of the
larger number ; and the order of the Master of the Rolls issued
in pursuance of that report.
The present p,:tition was an appeal from the order of the
Master of the Rolls.

Mr. Balm:Eft took an objection as to the jurisdiction. The
52d George 111., under which the slaster of the Rolls had
made his order, empowered either of the Courts of Chancery,
or the Chief Baron, or the Master-of the Rolls, to hear these
cases of charitable uses and trusts, and togiye orders thereupon
in a summary way; and appeal from such orders was-express-
ly disallowed, unless brought within :two years from the date
thereof. The appellants, by, lapse .ast*, were therefore put
mat of maim

Mr. lion NE warmly objected to this unheard-of objection,
brought out of a recent Act of Parliament, to the long-settled
jurisdiction of the CoUrt.
The Lour Cil A NCELLon did not recollect having heard the
objection in any previous case, and must theretbre inspect the
Act and the cases again. The power of the several Courts to
hear and determine these cases in a summary way could not be
doubted ; but in his opinion the suitor would iind it his in-
terest to proceed by the ordinary way of a bill. His Lordship
then rose, having to attend the King upon the Recorder's Re-
port.

VICE-CHANCELLOR'S COURT, N0v.20.
_ DOLBY AND ANOTHER V. LOWNDES.

At the rising of the Court, Mr. AGAR moved for an injunc-
tion that the defendant should be restrained, by the order of
the Court, from publishing and selling a new edition of Row.
ley's play of A New Wonder, a Woman nem. Vex!, under the
title of the revived version of the same play which is now act-
ing at Covent-Garden. Mr. Manche, who was a plaintiff in
the bill, had altered the old play in various respects; and among
other things he had inveuted a new title for it—that of A Il< ot.
soon never Veal, or the Widow of Cornlall. llis alteration
had been successfully played at Covent-garden, and he had sold
the copyright of it to Air. Dolby, the other plaintiff: The
latter had published the copy he had so purchased, hut he
found that its sale would be materially injured, and his hopes
of profit disappointed, owing to the defendant's having pub-
lished the old play with the altered title. This was unques-
tionably an infringement on the property of Mr. Dolby, because
the title wax that which marked the distinction between the
play published by him, and that which had been in the world
fornearly two centuries, and become the property of any
body. It was, moreover, a fraud upon the public; because
Mr. Lowndes edition purported by its title-page to be—what
in fact it was not—the play acted at Covent-garden.
The Nrien-Citaxee.s.ou asked if 4te defendant had copied
any p'trt of the altered comedy.
Mr. Ac an said, that besides the title-page he had copied the
characters as they are now played. In every other respect, Mr.
laowndcs's edition of the comedy was like all those which had
been published before.
The VicF.-Citaxcer.l.Ell thought that it would be better
for the Plaintifrsto amend their bill, and to make the prayer
include both the points mentioned by the counsel—by praying
that the defendant should be restrained from publishing the
old comedy witli the new title. The application might be re.
newed on Nlonday.
Mr. Arran acquiesced in this suggestion, and said he would
move agsin.on Alonday.

-
RING'S BENCH, Nov. 20.
TUCEOKIIIINIGTV. THE MAYO/t of coLcilEsTEn.
Mr, JEssor moved for n wian(?,tutas, commanding the
Mayor of Cuklzestrr to swear Mr. Horatio Perkins as a free
burgess of that corporation. Mr. Perkins was expressl y named
In the recent charter as a Common-councilman, and upon a
motion for a quo warrant() against him for acting as a free bur.
gess, the Court were of opinion that be bad a nght so to act.
The Mayor, however, refused to administer the oath to him as
a burgess, which he claimed in order to enable him to vote' for
corporate officers.

The Cottwr, however, refused to grant the writ. It was as
a Common-councilman that Air. Perkins acquired whatever
rights he possessed, and he was only to take the onmon-coun-
cilman's oath. Ile could not therefore, claim to be sworn as a
burgess.
At half-past twelve the LORD Csi* JusTice left the
Court to attend the Privy Council, and Air. .lustice LITT Lt.:-
DALE retired tp sit at Nisi Prim. in London, where nothing
occurred of public interest.

COURT OF COMMON PLEAS, Nov. 20.
HAIIIITSOWy. STONE, OENT., OWE OF Tun. ACC

Mr. Seroant VA IT aIIAN moved for a rule to show cause why
the defendant, who is an attorney, residing in the neighbour-
hood of Gloucester, should not pay back to the plaintiffil a cer-
tain sum of money which he had received from them ; and why
he should not render them an account of the proceeds of certain
property which he had sold on their behalf. . The Learned Ser-
geant said that he made this application upon affidavits, which
dischased circumstances of a very extraordinary nature. The
plaintat who carried on business in the neighbourhood of Glo-
cester, applied to the defendant for his professional assistance
in consequence of their labouring under some apprehensions of
being arrested for a debt which they owed to a third party. The
defendant told them that before he could undertake their busi-
nest' it would he necessary for them to advance hint 170/. The
plaintiffs endeavoured to rinse that sum for hint; butnotbeing able
to procure it, placed 100/. in the defendant's hands, and exe-
cuted an assignment of all their property to two persons whom
he Procured to become bail for them. Of thesepersons one was
the defendant's own clerk, and the other a mere man of straw.
The debt had since been satisfied,. but the defendant refused to
return the money which he had received from the plaboitiii, or
to tender them any account of what he bad done with it. Under
these circumstances', the . plaintiffs appealed to the smothery
power of the Court, and he trusted that--
The COURT here stopped the learned Sergeant, and told
him that the matter he had stated was quite sufficient to induce
them to grant the rule for which he had moved.
SCOTT v. n 1 t;.

- - -
In this case a debt of fifty-one shillings had been recovered
in the Court of Requests; and a writ of false judgment was
sued out and made returnable in the Court of Common Pleas,
where the matter was urgued at Considerable length.
The Loan CHIEF JUSTICE, in delivering Judgment, ob.
in the statute by
served, that a Court of common law had no jurisdiction over
ath,leticdletcii:iwonass ofco tnhsetieAtu)tuertl,owfaistecgatirettBl ,aWCloliuerb or Equity. ills Lordship expressed great satisfaction that the Court had no such
jurisdiction, as otherwise litigious parties would defeat the be.
nevolent intention of the Legislature in instituting the Court of
Requests, by appealing to Courts of Law. T rest of the
Judges of the Court concurred in this opinion.

Besides altering the broad road from Charing..
cross, in front of the Admiralty, Sri., anti on to the Horse
Guards, by Macadamising the immetise !pace, the ”aveme_n.
from Charing-cross to Whitehall, previously of 'Consider:
able width, is undergoing extensive alterations anti amend-
nimbi. Alen are busily engaged in widening it, adding to
the width of the pavement in many Places as much as five
feet; it is also being raised, to be more on a level with the
road, and to give the pavement more uniformity ; while
that by the Admiralty, however, on the opposite side 'of
the way, is being lowered from the like cause, anti at the
same time usefully widened. The road is in a sad,
dirty
condition, especially in front of the Government Offices.—
In addition to divers hills of broken stones, which, to be
sure, will be used in promotion of the Alacadamzing ope-
rations, there are diverse very unpieturesque mounds of
mud, which may not be requited for such works, but
which, nevertheless, contribute to supply with mud the
already surcharged streets, the Strand, &c.„ in the neigh-
bourhood; and in front of the Admiralty there is a Capa-
cious lake of some depth of water. which May be ornamental to
and emblematio of the Naval department, but which is not
very commodious or sightly to the public. Surely these things
might be ordered better.