The Sun.
London, England, 1858-02-09 00:00:00

LAW INTELLIGENCE.—(This Day.)

ROLLS COIJRT.
EVANS V. EVANS,
His Honour, the Master of the Rolls' delivered judg.
ment in this cause at the sitting of the court this
morning.

His Honour said that this question arose about the
right construction to he put upon the will of the late
Edward Evans, farmer, Harley well, county of Hereford.
The question was, what signification was to be put upon
the word " survivor," whether it is to be applied to
those who take or to those who survive the tenant for
life ? The testator, by his will, gave the use of all his
property to his wife during her life, and after her death
to his two sons George and Richard, in the proportion
of ono and two-thirds and to their children. The tes-
tator directed all his debts to be paid, but there was no
gift over in case of failure. The testator desired that
301. should be paid to the eldest son of George, over
and above his father's share, if he should survive him.
His Honour said that there could be no doebi
as to the general rule of construction, laid
down in the case' of Crip and Woolbrock, where
the child survived the tenant for lire he took the pro-
perty ; but the bequest to the eldest son of George, who
was alive at the date of the will, took this case out of the
ordinary rule of construction, and gave a vested right in
the children on the death of the tenant for life. In
Bouverie v. Brewer v. Philips, Lord Cottenhamdirected
the share of the children dying in the lifetime of their
mother to go over to their representatives on the death
of the mother. His honour was therefore of opi-
nioo that George S. Richard took a vested
interest on the death of the tenant for life in
the proportions of one and two-thirds of his
property—that in the event of Jn e dying without issue
before distribution his share would not go to the junior
but be divided amongmt his personal representatives,
consequently oue-third of the interest that was devised
to Richard went to his personal representatives.
His Honour passed a decree accordingly.
His Honour is to dispose of the question of costs to.
morrow.

COURT OF QUEEN'S BENCH.
(Sittings at Nisi Palls, before Lord Campbell and a
Common Jury.)
ASHLEY V. CIIAIINCRY.

This was an action brought by the plaintiff, an hotel
keeper, of Henrietta-street, Covent-garden, against the
defendant, an officer in the East India Company's
service, to recover the BUM of 251., on a bill of ex-
change, accepted by him and drawn by H. Omeroyd
Potts. The defendant pleaded especially that the bill
was fraudulently retained by the plaintiff, which threw
the onus of proof on the defendant.
The defendant was put into the box and deposed—
That wishing to release a friend named Hind from
WhitecrosLstreet Prison, he had a conversation with
Potts on The subject. The latter was staying at the
time at the plaintiff's hotel, and it was arranged be.
tween them, as they had no money to spare, that
Potts should draw a bill, which the defendant iihould
accept payable at Messrs. Grindlay'e, the army agents,
when ho (Potte) would ask tie plaintiff to discount it.
The bill was accordin,tly drawn, and the plaintiff con.
sented to discount it, provided the reference was satis-
factory. He called on Messrs. Grindley, and afterwards
told Potts that be should not discount the bill unless he
was permitted to retain 101. on account of Potts' hotel
bill, for which he held in pawn Potts' luggage. He
remonstrated with the plaintiff for his conduct, hehaving
been informed under what circumstances the bill was
drawn, and as he refused to give the bills up except on
the terms stated, he gave him notice not to pelt with the
bill, and the action was brought.
In his cross-examination by Mr. Serjeant Parry for
the plaintiff defendant said he was with Potts in Lie coin's..
inn-fields when he was apprehended on a charge of
stealing bills from the Hen. Mr. Courteney, grandson of
the Earl of Devon, and that he appeared at Potties
examination before the aiagietrate, and proved that he
had seen Potts give consideration for the bills
to Jennings who preferred the charge against him.
In June or July last he took the benefit of the act at
Exeter, but he was unable to state whether his debts
amounted to between 3,000/, and 4,0001., or 5,0001. and
6,0001. He did not read over his scheduld before signing
it, and he believed several debts were afterwards
inserted. He was several times under examination.
He was in this country on sick leave, and during the
time he had been in the country he had carried on heel-
nese as a wine merchant. His debts under his insolvency
were principally for bills, for which he received no cons&
deration, and they were given for a friend who deceived
him.

Mr. R. 0. Potts, a faßbionahly-dressed young man,
deposed that he and his wife had stopped at the plain.
tiff's hotel, and not being able to pay him his bill he
held witness's luggage as security. He never told th•
plaintiff that be would get a friend of his to accept a
bill with which to pay him ; but two days after the
plaintiff had this bill he left the hotel with his wife and
their baggage, which the plaintiff gave up to them. He
distinctly declined to state whether or not he had 15,000/.
worth of Mr. Courteney's bills now in his possession: He
did not give a farthing's consideration for the billo
about which he was summoned before a magistrate; h•
never offered to return the bills for 501., but he believed
his solicitor paid something about 701.f0r giving them
up. When the plaintiff held witaess's luggage for his
debts, he told Mr. Courteney he could get advance for him
on bills; he was in debt to several lodging-house keepers.
and in the case of one, a Mr. Ditnsdale, he informed
against him for giving hill a receipt without a stamp;
he afterwards obtained a mitigation of the penaltY--
(laugh er)-- for her, but he had never received any part
of thapenalty for his information ; he had been and was
now in difficulties, in 1851 he took the benefit of the
apt, and he had his petition now before the insolvent
act; in his schedule it was stated, the truth of which he
had sworn to, that he owed the plaintiff about 151. for
hotel expenses, for which he held a bill of exchange for 251.
drawn by him and accepted by the defendant (the la-
in question). The bill was incorrectly described in his
schedule, which contained so many blunders that •
would be unable to pass the court.
Mr. Serjeant Parry was about to address the jury
when

Lord Campbell said he thought that the action Wag
not maintainable, and he doubted if the jury, after the
statement in the schedule, would place much reliance os
Potts's evidence.

Ultimately a verdict was taken by consent for the
plaintiff for 201. 13i., the amount of the hotel bill.

POLICE INTELLIGENCE.— (This Dap•)

MARLBOROUGH-STREET.
FURIOUS DRIVING.—John Hill, a carman, of No. 1,
Garden-place' Regent-square, was charged before Mr•
Beadon, with furiously driving horse and cart in the
Haymarket, at between eight and nine yesterday
evening, and thereby endangering life and limb.
John Judd, a public carriage attendant, No. 26, said
he saw the defendant who was drunk, furiously trotting
the horse. He appeared to have no control over the
animal, and drove against cab No. 2,653 which Was
coming out of Charles-street, by which he threw his own
horse down and drove the cab on the kerb and against
a man who keeps an orange-stall, overturning 05°•
driver, stall-keeper, and stall. The driver fortunately
escaped without any injury, but the stall-keeper bad
leg injured by the wheel, and was taken off to the
hospital.
John Cronin, the stall-keeper, said he was upset 1a
the way described by last witness, and his leg was
bruised by the cart wheel. It was properly attended to
at the hospital, and fortunately he was enabled to
appear here this morning. His stall was driven eonP
pletely over and his fruit scattered about.
Defendant, in answer, said, it was all the cabman':
fault—not his. He had called out to him to get oat 0,
the way, but was nut heeded. He was quite sober.
C. 46, who; took defendant into custody, said he if
quite drunk.

Fined 40F., and 204 Luc oompeasation to the atall•
keeper, or one month in default.

THAMES.
LEAD STEALING.— Thomas Brown, a youth well•
known to the police, was ()barged with stealing a clusn.
City of lead fr )m a house, No. 25, Brook-street, RataWl:
It appeared that a /police-constable named Edward
French, No. 250 K, was parsing the house, 25, Brook•
street, and hearing a noise in the cellar, went in and '
saw the prisoner there and asked him his business and
what he was doing. The prisoner made a trumpery
excuse and was taken into custody, It was afterward'
discovered that. the lead pipe which passed through the
cedar to the rear of the premises had been removede
and cut and bent into small portable pieces. The
pipe had bean fixed to the wall, and was cut away and
raised on the window ledge at the back of the bone&
The lead was produced and identified by Mr. Franti.
Tindale, auctioneer, of No. 1, Portland-place, Commer•
cial-road East.

A police-sergeant said tho prisoner woman old offender,
and bad been already convicted for depredations in the
bulky article of lead. •
The prisoner was committed for trial.
Peter Hurley, an Irish boy, aged 16, was alined '
with stealing 341bs. of lead pipe, and two brass tape'
He was stopped in the Commercial-road, at half-past
o'clock this morning, by John Stretton, a police-°o!
stable, No. 104 K, with .the pipe and taps in
possession.
The prisoner was sentenced to two months' imPrig°n.
ment and hard labour.

BIRTIIS.
BRISTOWE —On the CHI inst., at 3, Eeelostou-squaro, the Wit.
of Henry Fox Bristowe, Esq., of a daughter.
' •
Husnann —On the sth inst., Mrs. Thomas Hubbard, of noir
nington Priory, Newbury, of a son.

MARRIAGES.
►
NOR,TON— COX —On the 4th inst., at Chribtehurch Sig the
reder;ck Norton, F.sq. of Dalston, to Phcabo
uldost dac.ghter Co.'xo i1ii,,41.0`"
park,

D EAT II S.
A BEOT —Oll the sth inst., at Sittingbourno, Kent, wrUl
Abbot, Esq., upwards of 60 years Registrar of the ni°°—
Courts of Canterbury, aged 8
ri
DERING —On the 6th inst., at Ramsgate, Chclmeley "'A 013. ,
Derinv. Esq., of Chapel-street, Grosvenor-aquara, Lon"-
aged 73.
/IA WKIN4 —On the sth inst., John Pauneofoot Harkin., sou
C. 8., of Minstorworth, Olocestershire, late Lieut.-C°l°ll
68th Regt., aged 74.

LONDON : Printoti and Published by hIUitDO " No.
of No, 112, Strand, Printor, at The Sum °t1:4314,1041
112, Strand, in tho Produet of the Savoy, in the coin
of Middlctiox, Tuesday, rubiaary 9, 1858*