The Sun.
London, England, 1870-01-15 00:00:00

LAW AND POLICE. 1

IMPORTANT JUDGMENT AS TO COMMONAL RIGHTS.—The
Master of the Rolls delivered judgment yesterday in the
case of Smith v. the Earl of Brownlow. It was a
suit instituted on behalf of himself and other tenants
and copyholders of the manor of Birkhampstead, in
support of the rights which they claimed as to common
age or waste land situated in the manors of Birkhamp-
stead and the Halimode of Northchuirch, which the late
Earl of Brownlow had made attempts to infringe by
encioachmcnt, and which the present earl endeavoured
to carry out. Judgment was given for the plaintiff.

A BRISTOL SOLICITOR'S CHANCERY SUIT.—SODIe very
severe remarks on the character of some of the cases
brought into the Chancery Courts were made by
Vice-Chancellor Malins yesterday. A motion was made
on behalf of a Bristol solicitor to restrain the Long Ash-
ton Highway Board from working a stone quarry
not far from the Clifton Suspension Bridge, on the ground
that the operations would interfere with his right of way
over certain paths, and also that blasting by gunpowder
would be necessary, and thus danger would arise. Docu-
mentary evidence was read at extreme length in
support of the plaintiff's case, but in the ()pi-
nion of the court they failed in their purpcsa,
and in the result the motion was dismissed with costs.
The Vice-Chancellor complained of the length and triN ial
nature of the evidence ; and remarked that the case was
so trumpery that it was hardly worthy of the attention of
a county court. The conduct of the defendant in occupy-
ing so much valuable time with a matter so contemptible
was very reprehensible. It was not right that whenever
it was supposed there was some slight ground for a griev-
ance that a bill should be filed in Chancery; and, indeed,
'.llO court would not entertain such trifling causes.

TILE IMPORTANT POINT OF LAW ON BETTING HOUSES.—.
The very important questions raised by the recent betting
prosecuticns, were to have come before the Court of
Queen's Benth, to-day. Yesterday, however, the junior
counsel engaged for the defence applied to have the case
postponed, Mr. Mellish, Q.C., being ill. Sir John Coleridge,
Solicitor-General, said that himself and Sir Robert Collier
were engaged in the case ; it would be a most important
one ; and he, therefore, under the circumstances, agreed
to an adjournment. The Court allowed the application.
IMPORTANT QUESTION OF CUSTOM AND LAW.—Yester-
day, in the Court of Exchequer, Mr. Manisty, Q.C.,
moved for a new trial, on the ground of misdirection of
Mr. Baron Martin, at the Manchester Assizes, in the case
of " Harrison v. Morgan." It appeared that the
defendant had delivered certain goods to the plaintiff, on
condition of cash payment on delivery, allowing 2.4- per
cent. discount, There was conflicting evidence at the trial
as to the meaning of the words "cash payment," the de-
fendant's witnesses alleging that it meant payment cn the
day of delivery; and the plaintiff's witnesses, that for the
class of goods sued on, viz., calicoes, the custom was de-
livery on Tuesdays and payment on the following
Friday. The parties were Manchester merchants, and
the plaintiff asked defendant to allow thirty days
for payment, taking 2 per cent. less discount. On this
the defendant took proceedings in bankruptcy against the
plaintiff, who paid the £543 then due. The defendant by
his contract still had further goods to deliver, but he put a
condition—viz„ " cash payment on delivery," and refused
to leave the goods under the contract unless the money
was paid at once.—Mr. Manisty contended that, admitting
the custom of Manchester to be as stated by
the plaintiff, still the plaintiff having made do.
fault, and having forced the defendant to take the
bankruptcy proceedings, the defendant was entitled in
law to stand on his rights of specific contract—The
court decided that as the question was of immense impor-
tance—this being the usual form of contract made by Man-
chester traders—they would grant a rule, so as to have the
- matter deliberately argued and decided.

The following is, says the Chum _Replay, a
rather unusual kind of announcement:—" The Prince and
Princess of 'Wale; will give a dance to the gentry and
clergy of the neighbourhood on Friday evening."
A. KNOTTY PorYr. —A widow is entitled, during
life and widowhood, to an annuity, and marries secondly
a widower who was already her brother7in-law through his
first wife. Such a marriage of a deceased wifo's sister is
contrary to our law, and in this country voil, but the couple
were married and live in a foreign country,wh ere connections
of this sort are valid marriages. Has the widow forfeited
her annuity or not? In order to claim the yearly payment
the lady has to made a declaration before a magistrate
every twelve months that she is alive and still a widow.
They have, therefore, to come to England once a year, and
she has made this declaration in the presenee of a
county magistrate, i.e., of the identical man, who passes
in the society of the place where they usually reside as
her husband. Has the magistrate acted in such a manner
as to deserve removal from the Commission? The lady
argues she is entitled to some benefit from the law which
does her so much harm ; the gentleman that he is only
helping his wife in a fair way; but the whole case is a
somewhat amusinz legal puzzle.

The Home Secretary is at present at ()borne on a
visit to her Majesty.

Mr. Kennard, late M.P. for Newport, died on
Monday.

The Home Secretary has appointed Mr. J. F.
Collier Recorder of Poole.

It is stated that Mr. Frascr, the new Bishop of
Manchester, refused an Indian bishopric some time ago.

The Sheffield Town Council yekterday decided to
appoint a stipendiary magistrate for the borough, at a salary
of not less than £l,OOO per annum.

Sir John Trelaw•ny, M.P., is seriously indisposed.
For upwards of a mouth, with scarcely au intermission, he
has been confined to his room.

The inhabitants of Liverpool are apparently bent
on establishing some place of "innocent amusement," and
busily discussing the question of whether it shall bo a
zoological collection or a picture gallery.

At Liverpool yesterday a man named Benjamin
Hill, who hr. 4 neglected to have disinfected the bed on
which his wife had died of scarlet fever, was fined 10s.
and costs; and Mary Murphy, a furniture broker, was
fined 20s. and costs for purchasing the bedding.

The Northern Daily Express states that a report
was current on Tuesday, in the vicinity of Hexbam, that
the "agents" of the so-called "Countess of Derwentwater"
had removed stock from Newland's Farm, belonging to the
Greenwich Hospital Commissioners.

At a meeting of the Bradford Chamber of Com-
merce, held yesterday, for the purpof e of considering "the
present position of the French treaty,' an almost unanimous
opinion was expreesed regarding the wisdom of adhering
steadfastly to the policy of free trade.

Mr. Waters, Q.C., without waiting for the formal
promotion of Mr. Sullivan, has issued an address to the
electors of Mallow. He declares himself a Liberal, is in
favour of a settlement of the Land Question, and avows
himself for the release of the political prisoners, denomina-
tional education, and reform of the grand jury laws.

The iVaterford Standard reports an attack which
was made a few evenings ago on the house of Mr. William
fill, the Manor. A number of men attacked Hill's house,
fired a pistol through the key-bole,.thrE w stones against the
window, and created a most disorderly scene outside,
threatening his lifo and shouting in the most frantic manner.
This is not the first attack that Las been made on Hill.

A telegram from Rotterdam states that the barque
W. and DI. J. Emyon, of Newport, bad foundered near the
Baajaard with all hands ; the splendid screw steamer
Zainds, bound to litil!; the brig Yitiad, of Hartlepool, for
Calais ; and the Bellerophon, 1 ouu(1 from Bluth pool to
Mau, are all stranded. The brig A tide of Flushing, foun-
d .red iu the Nos th Seaton Ifouday. 'Cite crew were saved.

:The "half-stint" system adop ed by the collie's of
the Bolton and Fa4nwot th district to+• Irwin au adv:.Lee of
wages h:.s alnady led to a part:el lock-0 ut. At son:ermines
we are told the in n are kept down in th. votkings the full
time, and at ot Ihr where there are hug ,stacks of coal on
the brows," the ~.)sl,_un has Ixen a.C0.:01 to be put
iu force.

It is probable, on the abolition of -,zt.he office of
Inspecior at Chatham Dockyard at tho end. of the thancial
year,' that, with the exception of two who viii be superan-
nuated, flesh employment will be for nd for the inspectois
iu tLe various offices in the yard, to...replace "non-profeg-
sionaP writers who have been latterlyAlisabarged from the
service; it is not at all improbable that ,"neon-professional"
writers will hereaft,_,r be dispensed witili;eatirelY• •