The Sun.
London, England, 1847-11-03 00:00:00

CHANCERY.-(THIS DAY.)

GROOM V. STENTON.
This was a motion to vacate an enrolment, on the
ground that an order to appeal had been obtained
within the specified time, 28 days.
The case was argued yesterday, and his LordshiP
decided to-day that the application could not be en-
tertained, as the rule of court had not been o°l-
- with.

VICE-CHANCERY.—(THIS DAY')
(Before Sir J. WIGRAM.)
SKERRATT V. THE NORTH STAFFORDSHIRE BA..rvar
A
COMPANY.
This was a motion for a rule of court to coati')
an agreement of the 12th of June, that bad bee:
entered into by the plaintiff and defendants, aPri°,
ing three arbitrators to determine the amount of COI
vensation to which the former was entitled for loss
land and residential injury which he had sustaine'
byHis Honour the undertakinwasg oto f thavehe above
delivered company.
men;
t to'
judg
day, but deferred doing so till he had reread the
agreement.

QUEEN'S BENCH.—(THIS DAY')
(Sittings in Banco.)
SHIP INSURANCE.— FISHER V. THE ROYAL ExCOO°
ASSURANCE COMPANY. le
Sir P. THESIGER moved in this case for 112,;
calling upon the plaintiff to show cause why' a Pe.
trial shonld not be had, on the ground that the vette
diet was contrary to the evidence adduced at at
trial. The case was tried before Lord Denrer
the last sittings at Guildhall, and a verdict was i°ll,-(1
for the plaintiff for 1231. on the first cone „
/ :er
1,8101. on the second. It was an action to rec%ip
the amount of an assurance effected upon $ tch
called Mary Meliclay, for injuries and losses Wills
she sustained in the course of her voyage fr°,lll for
Mauritius to the Persian Gulf. The 1231. inhe
the injuries sustained, and the 1,8101. for losses.
the
pleas were general, and were to the effect that
st
defendants had not broken their covenant, 104i/lue
tore,
set construction of the 10th Geo. 111., c. 30. The detro,
set up was that the vessel was wilfully run the
and then sacrificed by a sale. It appeared that te
plaintiff was a wholesale crockery. ware dealer in t
of
Mauritius, and claimed compensation for the loss
two boxes of specie, which were assured in two °eta es
at Calcutta, at one for 3,000/., and in the other
3,500/. They had now the evidence of a gentlelT'ilse
whom they could not procure at the trial, wb° wki
present at the opening of the chest, and who 011
give important evidence.
Lord DENMAN (stopping the Learned Counsej)
The circumstances are peculiar, and present a ve,l..a
4,
extraordinary state of facts. I think you had better
take a rule.—Rule granted.
ARCHIBALD AND OTHERS V. TATHAM.
This was an action of a similar nature, to recover „ed
the amount of a policy of insurance on a ship ca".is
the Greyhound, which was destroyed by the 'Perl
of the sea" in a voyage from St. John's, Newfouea,
land, to Sidney. The verdict was for the plaintiffs'.
Sir FREDERICK THESIGER obtained a rule for

new trial. a'
ZOADS.-THE QUEEN V. THE PARISI; or Arisvoir'

SUSSEX.
It
Mr. JAMES moved for a new trial in this case.
was a prosecution, at the instance of a Mr. Holmes' ;
solicitor at Arundel, to compel the
parish to repair
road, by the side of which he had become the nvilled
of some property. The lane was a green one, an.,
ran parallel with the main road, and led nowhere,4;
the gate at its end had been proved to be locked iv
eight or nine years. The lane was only used 11Peor
sons who possessed property close to it, and not the
any public purpose. A person was called byisat
plaintiff, who stated that he had raired the fouled
the expense of the parish, but the waywardens Prc:rhe
by their books at the trial that this was not so. 'et,
case was tried before Mr. Justice Coltman, and a
diet was found for
said they laintiff. Justice
Lord DENMAN would consult Ur.
Coltman.
Ols
CHILDREN REMOVED PROM THE CUSTa` eThi re
THEIR FATHER.—A gentlemanly•looking -the
stepped forward, and handed in an affidavit 0 vet
Court, saying that his children had been renr,tift
from his custody during his absence, and :7, tied
from London by railway; that they were enaLit it
to considerable property on coming of age; 7: the
was the intention of the parties to remove them
er
continent, to associate them with persons of imPr°l-oita
character; and he prayed the Court to interP°se in
authority, and to restore his children to his caren'e-
order that he might, as their lawful guardian, surfest
intend their education. He added that the you*k
was blind, and that the applicant's name wasFredel'
Clarke, and that he lived in Brompton. and
have PENMAN (to the applicant, who seemed
have lost his voice, for he could not articulate beS
the faintest and most painful whisper)—There is no
thing here on which the Court can act. gr.
Mr. Clarke pointed to the name of the Ref.
Brett in the document. in
Lord DENMAN—You must find out if you can ot
whose custody your children are. Mr. Brett is il
stated to be the party. There is no one inenti°ea
here whom we can call before us.

The applicant then bowed and withdrew. ads
It may be right to state that the same person ra.
a similar application last night just before the risitii;
of the court, but as his affidavit was incomplete'
Lord Denman, after kindly waiting a short time'
advised him to make his application to-day. ,Pnbig
or twice during the morning he advanced to Ens" -al
affidavit hereon, but one of the clerks repressed bl—
and he resumed his seat. When the bar had On'
eluded making motions, his
Lord DENMAN called upon Mr. Clarke to make
statement before the new trial paper came on.

BAIL COURT.—(THIS DAY.)
(Before Mr. Justice ParrEsoN.)
CAUSING AN EXPLOSION THROUGH CARELESSNESS.
THE QUEEN V. RUTTER.
Mr. HUDDLESTONE applied for a rule nisi to
adrOiter
the defendant in this case to bail. He was a Inln
and it was alleged that by removing the cover af ;
bio
lamp he had caused an explosion of gas by which, prs
own brother had been killed, and himself and at`j'" e
seriously injured. The proprietors of the min offile
time ago adopted the plan of locking the tops he
lamps, so that they could not be removed 19. Y, "to
miners. The plan had, unfortunately, fallen len
desuetude and hence the disaster. The forme:.
hPoe
had now been rigidly adopted. The jurY
ter,
matter found the defendant guilty of manala'ar•
and he was committed to gaol on the coroner's vv,
on
rant. He was now most anxious to be liberate"
bail.—Application acceded to.