The Sun.
London, England, 1840-11-10 00:00:00

LAW IN TELLIGENCE.

COURT OF CHANCERY, Nor. 9.
ILLIAMSON V. BLAIR.

The suit in this case was instituted for the specific
performance of an agreement on the part of the prcde-
cossor of the defendant, to sell to the plaintiff a farm,
situated at Daiston, in Cumberland, for the sum of
3,000/. The defendant, who was the heir-at-law of
the property in question by his ancestor, asserted that
the party, under whom he took the property, was in-
toxicated at the time of executing the agreement, and
therefore that it was invalid.

Mr. RICHARDS and Mr. DIXON, on behalf of the
plaintiff, contended that it was clear, from tha evidence,
that the party was not intoxicated at the time the agree-
ment was signed, and that that defence had been set
up by the defendant, because he was now heir-at-law to
the property, and did not wish to part with it.
Mr. 'FINNEY and Mr. Puny's, on the part of the
defendant, read evidence to show that Blair, who had
executed the agreement, was addicted to drinking, and
that on the night of its execution, which took place at
the Mason's Ar:ns, Dalston, Blair was there from four
to eleven o'clock, and drank deeply both of gin and ale.
The LORD CHANCELLOR said he would read the
evidence on both sides, and give judgment to-morrow
morning (this day).

COURT OF QUEEN'S BENCH, No•. 9.

TIIE QUEEN V. O'DOHERTY.-CRIMINAL INFORMATION.

In this case a rule had been obtained, calling upon
the defendant to show cause why a criminal informa-
tion should not be filed against him for writing a letter
to Sir John Milley Doyle, tending to provoke him to a
breach of the peace.
Mr. THESIGEIt now appeared to show cause against
the rule. When the Court was in possession of all the
facts, he was satisfied they would be of opinion that it
would be no disparagement to the character or pru-
dence of Sir J. Doyle, it he had abstained from making,
the application. The matter originated in a very con-
temptible squabble between two rival Committees ap-
pointed for obtaining satisfaction for the British claim-
ants on the Portuguese Government. When the se-
cond Committee was appointed, a resolution was pro-
posed by Sir John Doyle, which the defendant, Major
O'Doherty said he would consider a personal insult to
himself. The resolution was passed, and Major O'Do-
herty sent Colonel Hardy to demand an explanation
from Sir J. Doyle, who thereupon wrote to say that in
bringing forward the resolution, he had no intention to
give personal offence to Major O'Doherty. In reply
to that, the defendant wrote the letter which formed
the ground-work of the present application, and in which
he stated that no man of honour could hold
any communication with him (Sir John Doyle). The
Learned Counsel then went on to state that after the
application of Sir John Doyle for a criminal information
had been granted by the Court, he had taken the mat-
ter into his own hands, by throwing aspersions on Major
O'Doherty'a character at a public meeting ; and he
had also, in his affidavit, most gratuitously insulted Ma-
jor O'Doherty, by stating that he had been dismissed
the Portuguese service by Court-martial, and that his
conduct was such that he (Sir John Doyle) could not
give him the satisfaction of a gentleman. All that was
perfectly irrelevant to the matter before the Court, and
he submitted that, under these circumstances, Sir John
Doyle had no claim on the protection of the Court, and
that the rule ought to be discharged.
Sir W. FOLLETT was heard at some length in support
of the rule.

The COURT was of opinion that Sir John Doyle hav-
ing taken his vindication into his own hands, had dis-
entitled himself to the protection of the Court, and
therefore the rule must be discharged.

At two o'clock the Court was cleared for the ususl
ceremony of swearing in the new Lord Mayor. The
procession arrived shortly after, and his Lordship, along
with the Sheriffs, the late Lord Mayor, and Mr. Alder-
man J. Johnson having taken their places in the seat
set apart for Queen's Counsel,
The REconDER presented Mr. Alderman Thomas
Johnson as the gentleman upon whom the choice of the
Livery had fallen to fill the high office of Lord Mayor
for the ensuing year. All the laws and customs of the
City had been duly observed in his election, and the
gracious approval of her Majesty had ratified the
choice. He bad arrived at a period of life which
many would think a sufficient excuse for declining the
cares and anxieties of a public station ; but the stability
and consistency of his character demanded the sacri-
fice, and in the evening of life, with an unsullied cha-
racter and a firm determination to perform its
duties, he had accepted the office of Chief
Magistrates of the Metropolitan City of the em-
pire. Some years ago, he had been elected an Al-
t derman by the Liverymen of the Ward of Portsoken ;
he had with honour served the office of Sheriff ; he
had been an eminent and successful merchant in the
city of London for a period of forty-five years, and the
character he had obtained during that period had
caused tim to he earnestly solicited to become a candi-
date for civic honours.
his He stood a contest with a
p election was successively
eoeiriste'e
es.terdin,ganodppreocneeinvtest the approbation of the Queen's
Bench, the Exchequer Chamber, and the House of
Lords, and he had the satisfaction of establishing one
of
iv
of London, the power of re-
jecting yo
the Magistracy, and thereby
g
against popular control when
improperly exercised. He had been educated at
one of the noble institutions with which, thank to Bri-
tish sovereigns and well-disposed individuals, the City
abounded. He was educated at Christ's Hospital, and in
17S0, when riots unfortunately disgraced the metropo-
lis, being then fifteen years of age, he, with some of'
his companions, succeeded in shutting the gates against
a lawless and infuriated mob. As such had been his
character through life, and from it he had no doubt but
that, at the expiration of his year of office, he would
hare the pleasure of presenting him to the Court, en-
titled to the thanks of the public for the due perform-
ance of the functions of the high office to which his
fellow-citizens had elected him. He also presented the
late Lord Mayor, whose conduct in his year of office
had realised all that was expected from him.
The LORD CHIEF' BARON congratulated both gentle-
men, and expressed a hope that the conduct of the
Lord Mayor would be such as to serve as an example to
all, in loyalty and obedience to the laws.
The usual officers were then named, and the Recorder
having invited the Judges to dine at the Guildhall, the
procession retired to repeat the ceremony in the other
Courts.

MERRY Y. GREEN AND ANOTHER.

THE QUEEN V. THE OVERSEERS OF THE PARISH OF
ST. GEOIGE, HANOVER-SQUARE.
Mr. BODEIN, in this case, appeared to show cause
against a rule which had been obtained for a mandamus
directed to the overseers of the poor of the parish of
St. George, Hanover-square, and commanding them to
cause to be interred the body of a pauper, named
Mary Kershaw, who had died in the hospital of the
parish. For the objects of the rule it was to be considered
that the body still remained uninterred. The rule was ad-
dressed to the overseers, but the management of the
parochial affairs rested in a body called the Select
Vestry, but no advantage would be taken of that mis-
take. As to the present case, notice was given that it
was the intention of the applicants to have the rule
made absolute in the first instance. He had been en-
abled to hear the arguments on which it was founded.
By the statute 43d Elizabeth and the subsequent sta-
tute passed far its amendment, provision was made for
the relief of living paupers, but it was contended that
these statutes applied to the dead as well as living
paupers. How that could be, seemed to him totally
inexplicable. The pauper, whose case had been selected
for the opinion of their Lordships was one who had
obtained a settlement in the parish ; but if the decision
of the Court was that the overseers of the parish were
liable in that case, they would be equally liable for
all persons brought into the hospital from other
parishes, and who had died there. In his opinion
the statute of the 43d Elizabeth, which had
been relied on by the other side would be found to be
an authority the other way. What would be the case in
extra-parochial places where there were no overseers to
bury the dead ? Besides the statute made no provision
for defraying the expenses of burying the dead cast up,
and therefore the overseers had no authority for so ap-
plying the public funds. He denied that there was any
legal liability cast upon the overseers to perform any
such duty, but even if the Court was of opinion that it
was an obligation upon the overseers, there must be
some discretion allowed to them. The facts of the case
were that the hospital in question was erected in the pa-
rish of St. George's in 1773, with the consent, and aided
by the contributions of many of the opulent inhabitants.
In 1746 the number of patients who died in the hospital
was so great that they were obliged to discontinue bury-
in: them in the parochial burying-ground, and to take a
piece of ground in the parish of Kensington, where,
down to the year 1825 the Hospital continued to bury
its patients at its own expense. In that year the Go-
vernors of the Hospital sold their ground at Kensington
for 3,000/., and attempted to throw upon the parish the
onus of burying these patients. If these parties were
allowed to sell their ground for a large sum of
money, and then come upon the parish to defray
the expense of the burial of these patients, a great in-
justice would be perpetrated. The Court would bear
in mind also that these hospitals were now large schools
of anatomy and surgery, and the persons connected with
the establishments deri7ed large emoluments therefrom.
That was the case all over London, and the other hos-
pitals recognized the principle of being obliged to bury
their patients. He trusted that they would not now be
allowed to depart from the principle on which the In-
stitution had been orginally founded, and which had
been acted upon for a great number of years, and which,
if sanctioned by that Court, would throw an immense
burden upon the parish.
Mr. DOANE followed on the same side.
The ATTORNEY-GENERAL was heard in support of
the rule. The poor woman whose case was before them,
had a settlement in the parish, and so had her husband,
who swore that he had not the means to bury her, and
the parish had been applied to, and bad refused. In
such circumstances he contended, that by the law of the
I,ind, the onus was cast upon the parish authorities.
Unless the Court granted the present application, there
was no means by which the poor who died under such
circumstances could receive decent interment, until the
Legislature thought proper to interfere. After going
through the facts of the case as the. were stated, when
the rule was moved for, the Learnat Counsel contended
that the rule must be made absolute.
Mr. PLATT followed on the same side.
The COURT took time to consider its decision.

Mr. WHITHURST moved for a rule nisi to set aside
the verdict for 501. in this case, which was tried at the
late Nottingham Assizes before Chief Justice Tindal.
A person named Boroughcliffe having died very sud-
denly, his son sold off the property by public sale.
Amongst other effects there was an old chest of drawers
sold to the plaintiff for 235. He took them home, and
in the presence of a boy found a secret drawer, in which
were a number of articles ofjewellery,goldcoins, and notes.
He gave the boy a sovereign, and told him that
it was all right, but he was not to tell any one of what
he had seen. The boy began to spend his money, and
his parents being alarmed at it, instituted an inquiry,
and the boy informed them of all that he had seen.
Boroughcliffe had, in the meantime, left Ashby-de-la-
Zouch ; the information was communicated to a friend
of his, who then called upon the plaintiff, and de-
manded the property. He at first denied all know-
ledge of anything, but when he found that the boy had
told, he refused to give up anything but what was
named. In this way he gave up the trinkets, 81. in
gold, and three notes for 51. As this was not a third
of what was described by the boy, the plaintiff was
given into custody. Next day he was take❑ before a
Magistrate, who thought it was a felony, but having
given up other ten notes, and his house having been
searched, when eight more were recovered, intercession
was made with the Magistrate, and the plaintiff was
allowed to go at large. He immediately brought this
action, although, before that, he expressed great con-
trition, and promised to work in order to make up that
portion of the money which he had spent.
The COURT were inclined to think that there was
no trespass ; as the plaintiff bad bought the drawers,
there could be no felony. It was very fit, however,
that the point should be further considered.
Rule granted.

COURT OF COMMON PLEAS, Nor. 9.
H•T V. BUSK.

Mr. Sergeant BOMPAS obtained a rule for a nonsuit on
the ground that the plaintiff was the person intended in
the warrant, although be was wrongly named therein.
Mr. Sergeant TALFOURD showed cause against the
rule, insisting that the Learned Judge (Coltman) had
rightly directed the verdict, as the plaintiff would have
been justified in resisting the warrant, not having rea-
son to know that he was the person intended.
Mr. Sergeant BOMPAS, in reply, contended, that if
the constable, acting upon a Magistrate's warrant, took
into custody the person intended, the warrant was suffi-
cient to cover his responsibility, whether the name was
correct or not. Further, the constable in this case was
justified in taking the plaintiff into custody without any
warrant at all, being in his jurisdiction, and suspected
of felony. Hundreds of persons every week were
taken into custody, and committed to prison, whose
names could not be ascertained. A Magistrate had a
right to direct process against an alleged criminal by
the best description he could make. An action certainly
could not be brought against a person by description or
under a supposed name ; but criminal proceedings could
so be brought, if the true name of the party proceeded
against could not be ascertained.
The COURT considered the question to be of great
importance, and took time to look into the cases re-
ferred to.

Mr. and Lady Elizabeth Bulteel have arrived at
their scat near Devonport, from a tour.
RAILWAY BUNGLING.—In the course of Sa-
turday morning Mr. Alderman John Johnson came into
the Guildhall Police Court, and mentioned that he had
just arrived from Plymouth, and had been delayed on the
Southampton Railway nearly two hours. The passengers
from Ply mouth got on the railway at Basingstoke, and had
proceeded only a quarter of a mile when the engine was
found to be out of order. Ten men were then collected
to help the engine, by shoving behind, And they went on
at a miserable pace till they reached Kingston, when a
tender despatched from the terminus, upo❑ the surmise of
some accident, came to their aid. Of course the mails
were delayed. Such annoyances would be avoided, if the
Post office employed as guards only men acquainted with
machinery, who should see that all was right before start-
ing.—Times.

COURT OF EXCHEQUER, 'Ver. 9.
WINSPEAR V. FRENCH.

This action was tried before Mr. Baron Rolfe, at the
late Durham Assizes, when a verdict was found for
the plaintiff, damages 20/.
Mr. ALEXANDER now moved for a rule nisi, for a
new trial, on the ground of the verdict being against the
evidence. The defendant had sold goods to the plaintiff
to the amount of 20/. 155., 2/. of which had been paid,
leaving a balance of 18/. 15s. due ; having some doubt
of the solvency of the plaintiff, he sued oat a writ, but i❑
adding up the account had made a mistake, and the
writ was endorsed for 281. 15s. The plaintiff's goods
were seized under the writ, but the mistake being found
out, the defendant immediately ordered their restitution.
The parties met, and the defendant expressed his re-
gret, and paid 91. is., the costs which had been incurred
by the plaintiff, and all then seemed to be settled.
However, the plaintiff was further advised, and he next
day, voluntarily surrendered himself to the Governor of
Durham Castle, as a prisoner ❑nder the writ, and re-
mained there thirteen days, although the defendant had
given the Governor notice that the plaintiff was at
liberty whenever he pleased, and then he brought his
action. All these things were proved at the trial, yet
the Jury found that the arrest was malicious, and gave
the plaintiff a verdict.
Mr. Baron rzo,,E—l have made a note that the
verdict was unsatisfactory,—Rule granted.

CHURCH-RATE SEIZURES AND SALES.—
On Friday the 30th ult., the Churchwardens of Great
Bowden executed a distress for Church-rates upon
Messrs. John, Thomas, and George Clarke. A piece of
carpet, upwards of seventy yards in length, was seized. On
the same day the Harborough Churchwardens entered the
house of Mr. T. Hind, and took therefrom portraits of
the Queen and the late Rev. Robert Hall, framed and
glazed. On Thursday last the sales took place at Har-
borough and at Great Bowden. No interruption took
place at Harborough. The portraits were knocked down
after several biddings to Mr. Packwood, of the George
Inn, Harborough. At Great Bowden, Mr. Whiteman,
at book-keeper of the Messrs. Clarke, read a notice, ad-
dressed to the Churchwardens, stating the determination
of his employers to commence an action if the goods were
sold, on the
ground of illegality of the rate. This did not
stop the sale ; and the conditions had no sooner been stated
by Mr. Holloway than Mr. R. Holman, a servant of the
firm, bid 45. per yard for the carpet, a sum equal to near
double its value. No other bidding being given, the lot
was knocked down, and payment demanded. The buyer
offered to pay if a receipt was given him for the money.
An altercation ensued, which resulted in the carpet being
left in the possession of the officers, and the money not
paid._Northampton Mercury.
WEYMOUTH, OCT. 7.—On Sunday morning
last, about three o'clock, the Eagle revenue cutter, com-
manded by Lieut. Ray, whilst cruising in the bay, and
when opposite Small-mouth Sands, got on shore, the wind
blowing a gale from E. S. E., with a heavy sea, running
dead on. Lieut. Ray immediately made night signals,
which were promptly observed by one of the Vulcan's (re-
venue steamer) guard boats on duty, who, on finding her
distant, immediately pulled with all speed on board !heir
steamer, and reported the circumstance to Lieut. Crispin,
who lost no time in proceeding to her assistance. It was
now the nautical skill of the seaman, combined with the
tremendous power of steam, showed itself most conspicu-
ously; for when we take into consideration the stupendou,
difficulties and extreme danger to which both the ve,,s:ls,
as well as those who were engaged in the different boats
were exposed, we
must here confess that the efforts
made by all who assisted afforded one of the most
gratifying
scenes for an, Enelishman to witness ; and
in saying thus much we were fully borne out by
the unanimous opinion of every nautical man pre-
sent. About half.past eight we had the pleasure
of witnessing their unwearied labou
those on shore by
the British ensign being hoisted on board the Vulcan, ac-
companied by a burst of cheering from the Vulcan arid
Eagle's crews, and was most heartily responded to by the
hundreds who lined the shore. And as she again floated,
the scene at this moment was truly grand and heart-stirring;
for as she was literally dragged through tremendous seas
and surf, which made a clear7breach over all, we were lost
in amazement which to admire most, " that of the power
of steam, the daring intrepidity of all those employed, or
the skill by which it was conducted." The boats belong-
ing to the steam-packet station and Royal George revenue
cutter, with those of the Vulcan and Eagle, were of much
use, several of which were driven on shore, and much
damaged—the crew of one were all but perishing. The
Vulcan and Eagle shortly afterwards brought up at Port-
land Roads, and at eleven o'clock A. M. they came into
Weymouth Harbour. Too much praise cannot be awarded
to Lieutenant Crispin and his crew, without whose timely
aid the Eagle must have shortly gone to pieces; and, in
closing our observations, we must say that the conduct ex-
hibited by Lieutenant Ray, under the trying situation of
his vessel, was highly praiseworthy, and that of an excel-
lent seaman,

THE SUN, LONDON, TUESDAY, NOVEMBER 10. 1840.:

SPORTING INTELLIGENCEI.

TATTERSALL'S-YESTERDAY.

The timely outlay of a few tens and scores, and two or
three sums of larger amount, has enabled ua to present a
list of favourites, which, considering the dullness of the
season, is very passable. In the odds scarcely any change
will be found. We hare only to point out an improvement
in Coronation, (whose party took 18 to 1, and would hare
closed with a point less from " a man of substance,") and
a marked decline in the Rosalie colt and Sir Hans ; the
first of the two was backed for a hundred, and the latter
for a pony. The others at Thursday's prices, Marshal
Soult's friends being the most eager to " get on."