The Sun.
London, England, 1834-05-05 00:00:00

ROLLS' COURT.-(THIS DAY.)

THE ATTORNEY-GENERAL V. CHRIST'S HOSPITAL.
In this case the information was filed by the Attorney'
General, at the relation of the parish officers of St. Mrdrew Undershaft, for the purpose of obtaining the deer!!
of the Court, that the Lord Mayor and Aldermen of tli!
City of London, as Governors of Christ's Hospital, wet!
bound to deliver up the possession of certain land whit!'
they had enjoyed for more than one hundred and fifty yeargr
it having originally come into their hands through f•
breach of trust. In the year 1620, a Mr. Robert BO
bequeathed to the churchwardens of St. Andrew Underi
Under-
shaft the sum of 1001. to purchase land of the value e,
not less than 51. a year, which sum was to be distributeo
among 24 poor inhabitants of the parish, either in penuneC
loaves every Sunday or in money. On the death of Mr. 13
dive
an his widow gave additional sum of 1001. upon the
d' Mme
trusts. With the two sums in question, with an a
f land,
of 451. procured by the churchwardens, a quantitY°,
called " Fishes," in the parish of Muckingford, r'as" erty
bury, was purchased, and the conveyance of that
talpre'', of
recited that it was on behalf of the poor of the parin.b.
St. Andrew Uundershaft. In the year 1677 the qr,
'
officers of that parish sold the property in question t°
osi,
Forster, who devised the property to Christ s H p
had been in possession of it ever since.
4-1"' 0 erseet
Mr. PEMBERTON appeared as counsel for u..-csov .s
of St. Andrew's, contending that the parish trust,
selling the property had committed a breach of trus
that his clients were therefore entitled to have the prop
e"
given up_. H
imu
iea fja
Mr. ISICKERSTET and Mr. Pmoar ni,„„ earfien-
Christ's Hospital, submitting that no proof had been oth
the
that the property in question had been purchased nr-hrises
money left by Mr. and Airs. Buck, and that if it was, s af,
twoh
disturb th e par
possessiony w a s c
of
fn voenyee d .
Hospital had no notice that the property in question "before
fected with a charitable trust. On the case corning "lois
the Court on Friday, it was ordered to stand over lonia by
day, for the purpose of having the deeds produce
11. 18 HONOUR this morning, at the conclusion of the t:;
guments, stated that although he was extremelY reh:srs,
yet, looking at the whole case, he could not res,'s .th
conclusion that the property in question was tee-
the money bequeathed by Mr. and Mrs. 13"1"
ing the case, and the legislature having prescribed n°
riod within which the possession of charity property .0c;
be questioned, his Honour felt bound to decree the g',le
up of the land by Christ's Hospital, but he would n°'
the relators their costs. hundred and tiftYJt the

VICE-CHANCERY COURT.--(THIS 0/(*)

His Honour the VICE-CHANCELLOR took causes of
UP
ceptions, and further directions to-day ; but 11° cas-the
public importance had come before the Court,
to
period of our reporter leaving.

The
we r
eB
occupiedE N C H
the.
.
---onw—
cases on the peremptory papers. ,As. %so
THE KING V. HENRY CADWALLADER ADA,
AND OTHERS. m...i CCI $'
On a former day the ATToenrir-GENxnal. ow--uprl de'
--(
wThiloleiSforerjnooAlYl :°)talitig
rule Nisi for a criminal information against ftyri .0'
fendanty who were magistrates of the city 01,‘,'",-‘aeLl
grPeorunkinds,oalfsothae
try, for refusing to hold apetty sessions in order to "--- pie
jaapsptilciecatainond witaswasthaaltletgheed dthefaetndaniviii
determine cases appertaining to the parish of Scone; had
refused to act magisterially with the Rev. Frederick ,e,
i, eonoeg,
quence of such refus'al the parish of . Sowne was
lected as far as related ito appeals to magistrates. „will%
Affidavits were produced n support of the rule, re'
that the defendants had refused to hear appeals'wre" ,
lating to the parish of Sowne. 0'
e agal
Sir JAMES SCARLETT nOW showed cans
affidavit,
the rule, and produced several voluminous ted di
showing that the defendants had never thatnegiee they
business relating to the parish of Sowne' e dance
had made a rota to insure the regular att n .
of a sufficient number of ut ornittin* e
Perkins, in consequence of determination they, haNtiog
to not to act magisterially with him, owing to hs 1 ',,i, his
on acting. as a magistrate in hearing cases relating'cisd
own parish, and also for having assisted and agoo,s
the parish officers in those cases. After ab'
mthirtoteudghthatthhee
haffiaddagivivtes,n
athsenffielieeanrtneadnswceovutnnseelne ;Ile,
and that the rule should be discharged. Per
The ATTORNEY-GENERAL was then heard in stlPecte,l
of the rule, contending that the defendants had negation
their duty, and that the object of their deterinol,
not to act with Mr. Perkins magisterially cunt to
tended merely from some cause or other to aninteociej
the sending that gentleman to Coventry. He c:de out a,
that the affidavits in support of the rule had in
of their own body'',_.
ssotrmonegjuestaisceesoftoathdeeniniajul
injury
yf
ojustice,
and a had °'
Mr. Sergeant GouLeiraN followed on the same sO.-
..„
The LORD CHIEF JUSTICE said that therea,
no more in;
in refusm
to act with other magistrates. If that refusal were for
,1,,
purpose of getting a magistrate's name erased from '',,
consideration thheanjusttliifieedquestion
commission of the peace, it would certainly beta greatii't
magistrates
to how far delicate
eatme
fence ; but, on the other hand, any one magiate might
consider how far he thought he could act with otherS: rev
his lordship could not say the affidavits on the part of the cte t to
dants did not disclose such strong circumstances as
wen „,‘
make out a case of that description. He however did
not
[he
the case on that issue, because it was possible that IA 00
inquiry went on, a different construction might beiunever
refused to act for a particular parish, and
those circumstances by a jury. But them ole de'
imagined that it had been charged agL t Irtle
fendants that they acted from personal motives. ts hail
rule was granted on the ground that the defenadangro .4
only. The whole question between the particular eir'
viduals was not before the Court. tinder Pa'" ates to
W
triagiatr 0
cumstances it might be natural for 50 in ed that 1
act with other magistrates, and it P
a-fisearderstandings
this case there were a great many nli-nn pt In
corru . . ,
in regard to a particular parish. As to the articuiat
tives, they had been denied by affidavits statingePsdfiCiOt
facts. If the complainant thought he had a eacsi, 0.0 befget
triea, il
to go before a jury, he could still, if he please t.' b
a grand jury, and so have the whole question . o.i.a.
this Court should be extremely cautious to ';, had
ing criminal informations. As all the chl, costs,
been denied, the rule must be discharged, ando,Nl_ eneou:
because unfounded and light charges should not
imp
duties raged by those whose duty it was to exercise the ,"'r
duties of justices of the peace.opineorl• t
Mr. Justice LITTLEDALE was of the same
umen 9
Mr. Justice PATTESON also concurred in the j
,usit wo
rule -s•
and said that on the first apprcation for the as Top i.
'applied for and granted against' the defendant`, .o_o., of
trates of Warwickshire, on behalf of the par.as
nbolvvosaia),
Sowne, and not on behalf Mr. Perkins (a! vv as
adjudicata
' ottheapar.s.l-0_ cer:
for a denial of justice, in refusincr to hear. ; i ffi
deal of matter which they oughton tea t
as
0,11,
upon certain matters. The affidavits
keep'
ng back a grea
had therefore deceived the Court, by disclosed.
„ ave
s
Mr. Justice WILLIAMS was°. the
Rule discharged with cc___..ftsl_„._.-.......-.
CE.
SPORTING INTELLIGEN
-...- v.)
LS DI i -
opinion.
BETTING in ST. JAMES'S.-( TB'
THE DERBY.
5 to 1 agst Mr Watt's Bubastes
16 to 1 agst Mr. Yates's Bey(tsakamenei
it to 2 agst Duke of Cleveland's Shilelali
9 to 2 agst Mr. Batson's Plenipotentiary (tsl'3l')
7to 1 agst Lord Jersey s Glencoe ,
17 to 1 agst Sir M. Wood's Br. to MarPess-,,,,,)
20 to 1 agst Duke of Grafton's Olympic (ts—
to 20 agst Mr. Houidsworth's Darius (taken)
1000 to 5 agst Mr. Gully's Viator (taken)

The oMu
The Silver Cup was
beating 11r. Challo Z
LONGTOWN RACES,
yPECTILI:Tpir
rH,
sw: " ,sSmbPwy
bßoxynl:Nb
yyG7,_ AGC.
voiSoe
as r,
31 Moor's
two heats, beatin ° s 'srvitoriac, 31r. Craw-
ford's Flower of ytosson. andurth°rneeother'-
'.—.a.---. 0-
Cdgor:ire'ss Lady sßsonbstehad.'=e-
-3EirT.hE,edgseavre,rsalGpirpiszeeys, ri‘unir. for at tinh,issii3Steraeidgitine9gwavidorrel7reje.l.
plates),

agsTt.RACnonEtrCollerr, RACFS.
LATEST BETTING ON CI taken to
Independence (taken), 15 to 2 t Solon, 1J ," ,„ to 1
ags • and lo
The Cardinal (t k ) a en , 12 to 1 agst. La Grace,
agst. any other.,P.ll.--sto
2to
agl agsts.t.BSirptieceautleahtoerr,(ll:37o
aaggsstt..

4 0.