The Sun.
London, England, 1847-03-09 00:00:00

ROLLS' COURT.-(THIS DAY.)

DOWALAt v. BORRODAILE.
This cause, which came on for further directions, turned
upon the construction of a covenant. The facts are as fol-
low :—Mr. Borrodaile, brother to the present defendant, who
is his executor, being desirous of providing for his wife and
children, insured his life for a sum of 1,0001. in the London
Life Association. This took place on the 30th of May, 1828.
He subsequently executed the covenant in question, by
which he stipulated to pay the premium, and not to
commit any act that might vitiate the policy. This
sum of 1,000/. was then settled in trust for the
testator's -wife and children. On the 17th of March,
1838, he threw himself into the river and was drowned. Mr.
Borrodaile, the executor of the deceased, then brought an
action against the Insurance Company for the recovery of
the policy, but the defendants obtained a verdict on the
ground that by the act of suicide the plaintiff was not en-
titled to recover.

The arguments being concluded,
His Louvainr delivered judgment to-day. There might
be some dispute as to the terms of the verdict; but with that
part of the question he had not to deal. The case before the
Court was of a different character. The present
bill was filed by creditors for the administration of
the estate of Mr. Borrodaile, deceased. It was contended
that the effect of the covenant executed by the deceased
should be to fasten an obligation on his assets for a sum of
1,0001. He could not he►p thinking, looking at the cove-
nant, that the intention of the testator in executing that
instrument was to provide this particular sum for his wife
and any children he might have by the marriage which he
then contemplated, without encroaching upon his other
assets. However, as the question was one. that required
considerable deliberation, ho would delay his final judgment
for a few days.—The cause was then postponed.

BANKRUPTCY.-(THIS DAY.)
(Before Mr. Commissioner GovLnunx.)
IN RE W. H. OSBORNE.-IMPORTANT DECISION.

This was a special meeting, appointed by an order of the
Court of Review, for the unusual object of setting aside a
dividend declared at a former meeting, and to allow the
present claimants, who were the assignees of W. H. Osborne,
the elder, under his insolvency, to come in and tender a
claim for 10,4611. Os. 6d., and prove, under the estate of the
bankrupt, goldsmith and jeweller, St. James-street, for the
whole, or so much thereof as should appear to the Commis-
sioner they were entitled to do.
Mr. Islicuous appeared to support the proof in a deed
which had been entered into between the bankrupt and his
father, W. H. Osborne the elder, whereby the latter agreed
to transfer, assign, and set over all the stock in trade and
effects, and the five-sixths of the business, to which he
was entitled, in consideration of the bankrupt undertaking to
pay an annuity to the said Osborne the elder, of 5251., and in
the event of his decease to pay an annuity of 100'. during
the life of the wife of the said Osborne the elder; also to
pay an annuity to Henry Saltwell and his sisters of 3851.,
payable by Osborne the elder for money lent; and finally to
pay the sum of 2,5001., money due by Osborne the elder to
Messrs. Strachan and Co., bankers, Temple-bar.

It appeared, in the course of the inquiry, that the deed
had not been enrolled. _

Mr. Coofiasiibmitted, that by the 53 George 111. cap. 141,
any deed of annuilly was null and void unless it was enrolled
in the High Court of Chancery. There were, however, ex-
ceptions in the 2d section of the Act for annuities granted by
will, or under a marriage settlement, or for the advantage of
children, or upon freehold or copyhold property of
greater value than the annuity, and all other
annuities or charges, or where such should be made
without reference to pecuniary consideration. The Learned
Counsel contended that the present deed did not come within
any of the exceptions of the Act, and that the general words
of the Act were clear, conclusive, and comprehensive, and
that consequently the deed was null and void.
Mr. NicuoLut argued that there was not such a pecuniary
consideration; that it could be enrolled under the Act; and
that at all events, if the deed was inoperative as to the an-
nuities, it could not invalidate it as regarded the other part
of the claim.

His HOXOUR yesterday said he was strongly of opinion
that the deed ought to have been enrolled, and also that the
assignees of Osborne the elder could not enforce the claim
for the debt to ➢iessrs. Strachan. He would, however, re-
serve his opinion for consideration.
His HoNowt now delivered judgment rejecting the proof.

MIDDLESEX SESSIONS.
(THIS DAY.)
The March general sessions for the county of Middlesex,
commenced this morning, at 10 o'clock, in the Court-house,
Clerkenwell-green, before the Assistant Judge and a full
bench of magistrates.
The calendar contained the names of 79 prisoners, five of
whom were charged with misdemeanour, and the remainder
with felony.
The Learned ASSUITANT-JUDGE, in addressing the grand
jury, expressed his satisfaction, that since the last time he
addressed them, there had been a Bill brought into Parlia-
ment, on the subject of criminal jurisprudence, but he had not
as yet had an opportunity of acquainting himself with its
provisions. He trusted, however, that it indicated a move in
the right direction, and that a better system would supersede
the old feudal principles so long prevailing. In
dealing with children convicted of even the pettiest
larceny, they had gone on the principle of inflicting
punishment, and punishment alone, 'without the slightest re-
gard for those means of moral suasion likely to effect a re-
formation, or act upon a child's mind. lie would ask the
gentlemen of the grand jury, as parents themselves, whether
such a system as that adopted at Parkhurst was likely to
reform the juvenile offenders sent there. In that prison were
a number of solitary cells, in which the boys were locked up
for four months after their admission, by the way (as was
stated) of preparing them for their future reformation, and
while there, they saw no one except the governor or chap-
lain, had plenty of knitting work to do, and also plenty of
good books to read; but the misfortune was, that previous
to putting those books into their hands, they had never
been taught to understand them. Me thought such treatment
tended to harden and stupify many of those unfortunate
•hildren, and that a milder system, in which rewards suitable
to childish capacities would be the stimulant instead of the
abstract idea of becoming good and respectable members of
society some twenty or thirty years hence. One of the
rewards adopted as a stimulus to the boys in that prison was,
that if well conducted, they were rewarded by being allowed
to communicate with their friends and relatives, but in his
opinion nothing could be more absurd, for too many of these
unfortunate children had neither friends nor relatives in the
world. Many persons seemed to treat the suggestions for
the reformation of juvenile offenders by milder means as a
visionary scheme, but the same was said with respect to the
proposals of those advocating moral power over physical
coercion in the treatment of the insane, and he felt sure that
the result would be as successful in one case as in the other.

William Henry Vain and Catherine Sullivan were indicted
for stealing two shirts, the property of the guardians of the
poor of the Stepney union.
It appeared from the statement of Mr. Ballantine, who
attended on the part of the guardians, that both the prisoners
were pauper inmates of the Mile-End workhouse, the female
prisoner being employed in the laundry, and on the 26th of
February she was observed by another pauper, to give the
two shirts to the prisoner Vain, who hid them under his bed-
ding. He was searched as he was in the act of going out, in
about three days afterwards, when the shirts were found con-
cealed under his coat.

The jury at once returned a verdict of Guilty, and the
prisoners were each sentenced to be imprisoned, and kept to
hard labour for six months.

Ann Page, for stealing a drinking-glass, the property of
Mr. William Jarman, the landlord of the Hop-pole public-
house, was sentenced to one month's imprisonment.
James Cremating for picking the pocket of Reginald
Robert Walpole, was sentenced to three months' imprison-
ment and hard labour.

GRAND HIGHLAND FANCY COSTUME AND FULL-
DRESS BALL, AT WILLIS'S ROOMS, IN AID OF THE
FUNDS Fort THE DISTRESSED HIGHLANDERS.—On
Thursday next there will be given, at Willis's Rooms,
a grand Highland ball, in aid of the funds collecting for
the distressed Highlanders. The list of patrons is
headed by Prince Albert, and contains the names of
almost all the noblemen and gentlemen connected with
the Highlands at present in town. Among the
stewards, too, we find the names of some of the most
influential Highlanders located in London. That the
ball will be fully attended, and the funds for the relief
of the distressed Highlanders be greatly benefited, we
cannot for a moment doubt. It has about it the
two great elements of success—nationality and charity.
Every Highlander will remember the old cry " Shoulder
to shoulder," which has carried them so frequently on
to victory. Be that the watchword now in the cause of
charity. Highlanders of London, your brethren in the
north are in distress. On to the rescue I Shoulder to
shoulder

DISSOLUTION OF PARLIAMENT.—It is confidently
stated, by persons who ought to be well-informed on the
subject, that the present Parliament will be brought to a
close by means of a dissolution about the end of June, or the
beginning of July. The registration returns are mentioned
as being in the opinion of the Government, sufficiently in its
favour to justify this appeal to the country.—Yost.
DEATH OF MR. WILLIAM ASTELL, M.P. FOR BED-
FORDSHIRE.—This venerable Member of the Lower House,
whose name has for the last forty years been so familiar in
commercial as well as political circles, expired on the after-
noon of Sunday last, at Everton House, aged 73, after a
brief illness. Mr. Astell for years carried on extensive busi-
ness in the City. lie was a director for a considerable period
of the East India Company, was a governor of the Russian
Company, and a shareholder in other commercial under-
takings. Mr. Astell was what is termed a Tory of the old
school.

The Antwerp papers state that cereal and other
alimentary goods continue to take the lead in the Flemish
markets, and to have great influence on the value of colonial
produce, as there is no class of persons that do not occupy
themselves more or less with the former. Rice, although
consumed in smaller quantities than at any former period,
was rising fast iu pries, and following rapidly in the wake of
the markets for grain. The latest purchases had been at a
sensible advance, but speculators were nevertheless in no de-
gree deterred in their dealings. They purchased freely, and
a vast number of bags had changed hands.
Little additional information has been circulated
respecting the North of England Joiut-Stock Banking Com-
pany (Newcastle), the notes of which were not paid on Sa-
turday by the London and Westminster Bank, the metropo-
litan house of agency. It appears, however, that the deposits
held by the concern amount to the large sum of 300,000/., so
that it is greatly to be hoped that arrangements may be by
some means devised for carrying on the business of the bank.
Tne inconvenience in the locality of the head office and in
those of its several branches will otherwise prove excessive.
The branches are at Alnwick, Berwick-on-Tweed, Blyth,
Durham, llexharn, Illorpeth, North and South Shields, Sun-
derland, and Wooler.
INCOMES OF METROPOLITAN STIEGEONs,—At the-
last• return unuer fire incom?-I,±x Act, no I..,weral.:l:f
these,ti,jrt
surgeons practising in London admitted that their professional
earnings amounted to 10,0001. per annum each;
three were upwards of 20,0001. each,