The Sun.
London, England, 1840-03-17 00:00:00

REID V. BAKER AND OTHERS.

The arguments in this part-heard case were con-
cluded to-day. The case came before their Lordships
upon appeal from the interlocutor of the Court of
Session in Scotland, and the question arose out of an
action of reduction brought by the appellant to set asi-e
a trust deed and two codicils to a will executed by his
father, who was blind at the time, through the instru-
mentality of two notaries public.
The Lolly CHANCELLOR, at the conclusion of the
arguments,
coAponcd giving judgment.

ROLLS' COURT, MARCY 16.
ATTORNEY-GENERAL V. KERR.
The information in this case was tiled by the At-
torney-General at the relation of Henry Dykes, for the
purpose of setting aside two leases of a piece of land
situate near the town of Northampton, in the parish of
St. Sepulchre, belonging to St. Thomas's Hospital,
which were granted by the Mayor, Bailiffs, and Bur-
gesses of the borough of Northampton, who were the
trustees of the charity, the one to William Dodd,
dated the 4th of January, 1769, for the term of sixty
years, at a rent of 90/. a-year, and the other to William
Kerr, to whom the previous lease had been assigned for
a term of thirty-nine years, to commence from the ex-
pirat ion of the former lease at a rent of 181., he cove-
nanting to lay out considerable sums in building, and
also to set aside certain indentures of lease and release,
dated the 28th and 29th of September, 1784, by which
the Mayor, Bailiffs, and Burgesses conveyed the in-
heritance of the land to William Kerr, reserving to
themselves only a tent of 121. a-year. William Kerr
made his will dated the 24th of November, 1819, dis-
posing of the property in favour of his family, and died
in 182.4. The information was filed against Mary Kerr
and others, claimants under the will of the late Dr.
Kerr, and also against the Mayor and Corporation of
Northampton.
The case was opened on Saturday, and at the con-
clusion of the arguments yesterday,
The MASTER of the ROLLS gave judgment. After
going through the facts of the case his Lordship ob-
served that, without entering into the question upon
whom the onus lay of proving the propriety of grant-
ing the leases in dispute, he did not at all feel satisfied
with respect to the first of the transactions mentioned
in the information. He was cot satisfied with the evi-
dence adduced as to the state of the property at the
time the lease was executed—he was not satisfied that
the transaction was an improvident one, and therefore
(lid not think that lie could set aside the lease o' 1769.
Then as to the lease of 1754. Considering the evi-
dence brought forward of the value of the property
granted under that lease—as long ago as 1763—the
long-subsisting lease which existed at that time, and
being of opinion it would not be prudent or advanta-
geous to the charity that, after the long reversionary
term which had already existed for nearly sixty-three
years, a further term of thirty-nine years should be added.
His Lordship did not think the lease could be sustained.
The conveyance of 1784, therefore, must be set aside,
but the lease of 1769 he could not disturb. Then
came the question as to what was to be done with re-
spect to the charity, and the great outlay of money that
had been made on the premises. If there had been
any expenditure in consequence of the extension of the
lease granted in 1784, it would be no more than just to
the estate of Dr. Kerr, that some compensation should
be made in that respect. There must be an inquiry to
ascertain what had been laid out with reference to that
extended enjoyment which Dr. Kerr was led to sup-
pose he or his successors would have.

COURT OF BANKRUPTCY. 111Aitca 16.
(Before Mr. Commissioner FANE.)
MR. J. W. HAMMOND'S BANKRUPTCY.
A meeting of Mr. then mood's creditors was held yester-
day for the choice of assignees. The Court was crowded
with members of the theatrical profession, and others
who attended to prove debts under the fiat. No oppo-
sition was offered.
Mr. LEWIS, the solicitor for thefict, stated that there
were various claims put in by the creditors beyond the
actual number of nights which the Drury-lane Theatre
had been opened. They claimed under a custom which
prevailed that they were entitled to their salaries under
the contract signed, whether the theatre was open or not.
The COMMISSIONER said the custom must be ex-
pressed or implied. It might be implied by constant
habit.
Mr. LEWIS said :Mr. Elton claimed 431. 10s. up to
the time of the bankruptcy, and he had an additional
claim of 176/. 13s. for the remainder of his en-
gagement.
The CoMmisstosEa asked what were the terms of
the contract ?
Mr. Elton—For the season 1539 and 1840. That
was from October until June.
Mr. LEWIS suggested that these additional claims
should be admitted merely as claims, but not as proofs,
and that the debts proved should he confined to the
claims for the nights on which the creditors had actually
performed.
Mr. Elton said he had raised the point for the benefit
of others rather than for himself.
The contract was read.
Mr. LEWIS submitted that as the terms of the con-
tract were that Mr. Elton should receive 10/. 10s. for
every six nights he performed, whether the contract did
not cease on the closing of the theatre.
Mr. Elton alluded to the case of Vandenhoff v. Bunn.
Mr. LEwis—That was a case of individual discharge,
the theatre still remaining open and the performance
continuing.
The COMMISSIONER said he thought it would be
useless to grapple with this difficulty at present, for it
was the opinion of Mr. Canaan, the official assignee, who
had greater experience than any person present, that
there was no probability of there being any dividend.
Mr. LEWIS, as Solicitor to the Fiat, trusted that Mr.
Cannan had jumped to a hasty conclusion.
The COMMISSIONER decided that proof should be of
debts due for actual service, leaving the question under
the terms of the contract for future consideration.
After some further conversation, it was agreed that the
parties should all meet on Wednesday next, at the office
of the official assignee, and then proceed with an amica-
ble arrangement.
The following proofs were admitted in the course of
the day :—Mr. F. Vining, 33/. 13s. 4d. ; Mr. John
Bowl:1nd Durant, 1,323/. Os. 7d. ; Mr. W. E. Elton,
43/. 103. ; Mr. E. Pepper, 2481. 2s. 9d. ; Mr. W. R.
Kemp, 146/. ; Mrs. Waylett, 125/. ; Mr. R. Burnett,
1461.65. Bd. ; Mr. G. Wusfield, 243/. 12s. 9d. ; Mr.
Alexander Lee, 2721. 2s. ; Mr. W. Dowton (the vete-
ran comedian), 36/. ; Mr. C. Selby, 39/. 13s. 4d., &c.
It was stated that for many weeks during the bank-
rupt's unfortunate management of Drury-lane, while the
expenses were always considerably above 1,000/. a week,
the receipts were frequently below 600/. ; and it would
be impossible to describe the amount of distress in
which the subordinates of the theatre are involved by
the abrupt termination of the season. The total debts
and liabilities are generally supposed to be 8,000/.

ASSIZE IN TELLIGENCE.

110 ME CIRCUIT, LEWES, MARCH le.

The Judges, the Right Hon. Lord Abinger, and Mr.
Justice Littledale, arrived in Lewes this day, and were
met by the High Sheriff of the county of Sussex, and
escorted into the town uith the usual formalities. After
attending Divine service the Learned Judges proceeded
to the Town Hall, where the Commission was read.
The business of the Assize is heavy and will probably
occupy the whole of the week. There are twenty
causes in the list, and one case involving a claim to a
very large property in this county, and in which Sir \V.
Follett is specially engaged, attracts a good deal of in
terest. There are forty-seven prisoners in custody for
trial, and the offences consist of feloniously firing pre-
mises, burglary, highway robbery, horse stsaling, and
passing forged notes. There arc also several cases of
night poaching.
Both Courts will proceed to busincEs to-morrow.

act as I could have wished, would, if explained, excul-
pate me in some measure in your and their opinion. I
shall do my best endeavour to avoid being of any further
trouble or expense to the Union, and I take this early
opportunity of returning my most respectful thanks to
yourselt and Mrs. Smith, tor the uniform civility and
consideration I experienced from you both, and as soon
as I can do so with credit to you and myself, I will do
myself the pleasure of making my acknowledgments in
person. I beg you will be pleased to pardon this hasty
scrawl which I write under every disadvantage, and
with humble respects to Mrs. Smith. I am, Sir,
" Your most obedient humble servant,
" P. D. POWNALL."

The Magistrates, upon bearing this letter read, re-
marked that the prisoner appeared to have received a
good education, and asked what station in life he had
formerly filled.
The prisoner replied that he had formerly been a
Lieutenant in the East India Company's Service.
He was then asked what he had to say to the charge
made against him
He replied that when he went away from the work-
house, he had no idea or intention of leaving it alt o-
gether, but being desirous to release himself from the
situation he was in, it struck him that he would go to
Plymouth, where he had friends, and hoped that they
would make some permanent provision for him, and
render it unnecessary for him to 'burden the Union any
longer. He walked the whole distance to Plymouth,
but when he got there his expectations were disappointed,
and he was compelled to return in greater distress than
ever. With regard to the clothes, he assured the Ma-
gistrates they were nothing but a bundle of rags, and
he sold the coat for eighteenpence, and the trowsers for
sixpence, to get him food. The shoes certainly were
good when he went away, but he had worn them off his
feet by the journey he had taken.
The Magistrates considered the charge proved, and
ordered the prisoner to be committed for two months to
the House of Correction.

COURT OF REQUE6T-TOWER
HAMLETS.

TILE " WICTORIA" RAT TRAP.—Peter Gibbons, a
chubby fellow, with a leather belt, ornamented with
painted rats, on his back, summoned a chccsemonger,
residing in the Mile-end-road, for the sum of 105. 6d.,
for which he agreed to rid his cellar of the rats who
had established permanent quarters therein.
Plaintiff—Beg yer Lordship's pardon ; but afore this
hero case is gone into I vishes to impress upon yer
Lordship's mind, as I'm a rat-ketcher of more nor 20
year standing at this here present time ; there arn't a rat
in all Whitechapel but what's heerd of Peter Gibbons.
COMNIISSIONER—Indeed ! then you must be a very
celebrated person.
Plaintiff—Jist ham, my Lord. Vy, I've hinvented
the Victoria rat-trap, wot ull cotch 14 warmint at von
and the same time, perwiding they thinks proper to
wentur into it.—(Laughter.)
CO3tMISSIONEIt—Have you taken out a patent for
this ingenious invention ?
Plaintiff—No, I arn't, my Lord, cos I've been pre-
cious hard up for tin, but I means to do it arter a bit.
This here hinvention 'ull make my fortin some day or
other, and I hexpects to get made a wicount or a mar-
kis on, or summat o' that sort o' thing.
COMMISSIONER—No doubt. Pray, has the " Vic-
toria rat-trap" proved very successful ?
Plaintiff—The most successful harticle ever hinven-
ted. Vy, arter settin' it, the rats valks into it by bin.
stinct. The most hartful doper of the ole lot sneaks in
as hinnocent as a babby. Its against the nater of the
warmint to keep out on it.—(Laughter.)
COMMISSIONER—It is certainly a most extraordi-
nary machine. What is the price of it ?
Plaintiff—Half-a-bull the big uns, and a bob the
little uns.

COMMISSIONER—WeII, now, be kind enough to te
us how this debt was contracted?

Plaintiff—Vy, my Lord, this here's the vay it hoc-
curred. The gemman axes me vot I'd hexterminate the
warmint bout of bis vault for. I told him I couldn't
tell afore I seed the consarn. Vell, arter hinspecting it,

and finding as how the rats was more numerous nor wot
they is in the Parliament House o' Commons, I offers
to storm their castle for 15 bob (155.) " Carn't afford
so much," says he, " but don't mind standin half a su-
verin, perwiding you hexterminates all on 'em." " Bis-
ness arn't wot it wos," says I, "so I don't like to turn
blunt away ; if so be then as you consents to make half-
a guinea on it, I'll undertake the job." Vell, arter a
bit he agrees to that, and me, and Pincher (that's my
dog, ycr Lordship), set to work, and wanquished a 'ole
regiment on 'em the first day. Vell, I sets the " \Vic-
toria trap," at night, and cotched ten o' the long-tailed
wagerbones afore morning. Vell, your Lordship, me
and Pincher perseweres until we cotches the 'ole on
'em ; but ven I asked him for the money, he wery
coolly turns round, and swears the warmint was as
plentiful as ever, and vouldn't give zee a single mag.
COMMISSIONER-Do you mean to say you destroyed
theca all?
Plaintiff—Safe as bricks, yer Lordship ; vot me and
Pincher didn't get hold on, settles their accounts in the
" Wictoria trap."
CommissioNEß—You hear this, Sir.
.Pray, what is
your reason for refuting payment ?
Defendant—Because he has done ti e cellar no good
at all. The rats are as plentiful as ever they were.
CommtssioNEß—Did he take much trouble about
the job ?
Defendant—Oh no, he raver came, except when he
was drunk.
__

__
Plaintiff—Yer Lordship, I begs to deny that 'ere
sinivation ; he never seed me drunk in his blessed life.

Defendant—Didn't you full do►vn the cellar stairs
upon one occasion ?
Plaintiff---%‘ cry likely I might ; but then, that vos
becos I trod on Pincher's tail ; I vosn't in a state o'licker.

The Commis SIONERS, after considerable deliberation,
gave a verdict for the defendant, greatly to the chagrin
of the inventor of the " \Victoria rat trap," who left the
Court quite chop-fallen, followed by " Pincher," his
coadjutor in rat warfare.