The Sun.
London, England, 1841-03-10 00:00:00

Til i StiN, LO N DON', WEDNESD AY, MA II 10. I 841

LAW INTELLIGENCE.

ROLLS' COURT, Maßau 9.
wiLiciNs V. WOOD.

In this case, which arises out of the praceedings relative to
the will of the late James Wood of Gloucester, and is what is
technically termed an -" interplead;ng suit," Timothy Pyrke
Wilkins was the plaintiff, and Sir ;Matthew Wood, Jacob Os-
' born, John Surman, Edwin Shelton and Maria his wife, William
Philip Price and Frances Anne his wife ; William Thompscn
and Elizabeth his wife ; James Greig and Harriet his wife ;
Lucy Wood, Henry George Lawrence Randall and Charlotte
his wife Ft ederick Augustus Hodder, and Eleanor Maria his
wife; and John Thomas Read, were defendants.
Mr. TURNER now moved (having on a former occasion ob-
tained the special leave of the Court to do so) on behalf of Sir
Matthew Wood and Jacob Osborn, that the injunction which
had been awarded against all the above-named defendants, to
restrain Sir M. Wood and Jacob Osborn from further proceed-
ings in the actions of replevin mentioned in the Bill, and to
restrain thorn and- the other defendants from levying any dis-
tress or distresses, and from commencing any action or actions
against the plaintiff to compel the payment of rent which had
accrued due since the 25th of March, 1838, might be dissolved
so far as regarded the said Sir Matthew Wood and Jacob Os-
born. Mr. Turner was preceding to state the grounds of his
intention, when
The MASTER of the ROLLS, interrupting him, observed
that he gave leave to make the motion to-day, because he un-
derstood the injunction interfered with the trial of the eject-
ment, which was to take place on the 6th of April, and which
was to try the rights of the parties.
Mr. TURNER observed that the plaintiff, who was the tenant,
would at the trial set up the right of the heir at law, and so
attack the validity of the will.
The MASTER of the ROLLS said that that must be
shown by affidavit before he could hear the motion
out of its course. He said frankly at once that he
would not permit an order to stand, if he could avoid it, which
would embarrass or prevent the right of the parties being tried
at the next assizes. It was Very important that that right
should be tried ; but on the other hand it was very important
for him to keep the business of the Court regular, and he would
not, without a special reason, permit a long motion to be heard
upon a day that ought to be appropriated to other business.
Mr. TURNER stated that the tenant had pleaded non-tene-
ment—that he did not hold under the devisees, but under the
heirs-at-law. Therefore he set up the title of the heirs-at-
law in that action under the will, and his ( Mr. Turner's)
clients would have to show that the devise to them under the
will was a good devise.
After some further discussion, the injunction was varied, so
as to restrain execution being issued against the tenant ?pen
any judgment which might be obtained in the action of eject-
ment, the tenant having paid the rent into Court, so that
whichever party establishes his right, the devisee or heir at
law, he will apply to the Court.

SHERIFFS' COURT, Minim 9.
(Before Mr. Under-Sheriff BURcIIILL.)
MILLER V. LORD.
This was an action for false imprisonment. The da-
mages were laid at 1,0001.
Mr. JAMES stated the ease for th 3 plaintiff, who was a
private gentleman, residing in Chadwell-street, Islington.
The defendant was a surgeon, in extens've practice, in
Trinidad-place' in the same neighbourhood. On the Bth
oflast December, a body calling itself the Protestant As-
sociation held a meeting in tl:e Parochial School Rooms,
of Islington, over which the Rev. Mr. Thelwell, one of
1 the clergymen of the pariah, presided, and the plaintiff be- ,
ing a rate payer and parishioner, considered himself en-
titled to attend at and address the meeting, as, being held
in a Wieling the property of the parishioners, it was to be
considered a public assembly. The Rev. Chairman, how-
ever, refused to hear Mr. Miller, and on his persisting to
address the meeting, the defendant, who was a member of
the Association, gave him in charge to the police, who con-
veyed him to Rosamen-street Station-house, where he was
detained in custody for nearly two hours.
George Ridge said he was at the meeting on the night
in question, and observed the plaintiff attempt to address
the Chairman from a seat on which he stood, and saw him
given into custody by Mr. Lord. Witness followed him
to the station-house, and endeavoured to bail him, but not
having his receipts for rent and taxes about him the police
refused to accept him. The plaintiff was about 60 years
of age, and had be en under medical treatment. To the
best of witness's belief Mr. Miller was confined in the cell,
as he could not ace him in the receiving-room of the sta-
tion-house.

Other evidence having been adduced,
The Learned UNDER.. SHERIFF, in summing up, observed
that although the'Jury bad to a certain degree a duty to
perform in awa-ding such damages as would be a fair and
rcaaonable compensation under the present eircumstanceg,
yt t they should not' be carried away so far in protecting
publ.c I;berty as to give exorbitant damages.
The Jury, after a short consultation, returned a verdict
for the plaintiff costs, 40s. ; damages, 251.

CENTRAL CRIMINAL COURT

OLD COURT.
(Before Mr. Sergeant Alt &BIN).
William Russell rlaa indic:ed fir ft,l,niously breaking
and entering the dwelling house of Mr. William Maunder,
and stealing tipre from srvet,teea silver srons, a quantity
cf jew,11.9-3., and weariug a;parel, of tlie value or 50/,
The Jury returned a verdict of Cui4y,
There was another indictment against the prison( r for
feloniou,ly breaking and entering the dwelling. home cf
Panl Philip Wyman, on the 27th of Dtc4mber, and steal-
ing therefrom, wearing apparel, aad other artieks, of the
value of 20/,

The COVET intimated that it would be unnecessary to
proceed upon that indictment.
Mr. Sergeant ARABIN then sentenced the prisoner to
transported for the term of lo year.?.
A number of other ease 3 were tried, but they were dce-
titute of interest, and, the Sessions having terminated, the
Court adj Armed to Monday the sth of April.