The Sun.
London, England, 1867-07-31 00:00:00

FILE SUN, LONDON, WEDNESDAY EVE NIN3, JULY 31, ISfi7.

LAW INTELLIGENCE—This Day.

THE COURT OF CHANCERY.
(Before Lord Justice Cairns.)

BAXENDALE V. M'MURRAY.

This was a case in which the plaintiff Baxendale
sought to restrain the defendant M‘Murray, a paper-
maker, from carrying on the operations of his ma-
nufacture on the ground that the processes employed
by him were injurious, and that they poisoned an
adjoining stream called the Chess, and rendered its
waters obnoxious to the general health of the neigh-
bourhood.

The action came before the court on an appeal
from a decision of Vice-Chancellor Stuart, who
had decided in favour of the defendant. The ar-
guments were heard by Lord Justices Turner and
Cairns, the former of whom has since died, conse-
quently Lord Justice Cairns, under the provisions
of a new act of Parliament, proceeded to deliver
judgment alone this morning. In a very elaborate
statement of the facts connected with the case, he
said that the allegations on the part of the
plaintiff were, that the water coming from the
plaintiff's mills mingled with the stream
called the Chess, and produced upon its sur-
face a scum which emitted an obnoxious vapour,
and which, in the evening, was particularly
offensive to the districts around. There was another
allegation that a lady who had been a visitor at the
house of Mr. Baxendale was so affected by the un-
wholesome smell arising from it that before she
had resided there a week she was taken ill and
obliged to return home. A third allegation went to
prove that the deadly character of the liquid which
in the processes of manufacture mingled with the
stream might be tested by the fact that a fish
called the " Jack," which was a fish of very hardy
habits, could not live in the portion of the stream
impregnated by this outflow. The petition, therefore,
desired that on these grounds Mr. 111'111urray 'should
be restrained from making use of the chess as a
means of getting rid of the refuse flowing from his
mill, which would virtually be to prevent him
from carrying on his business. On the other
hand, Mr. M'Murray had produced the most
satisfactory scientific evidence to prove that
the stream was perfectly pure, and that fish
lived and abounded in it. Taking all this evi-
dence into consideration, he (the learned Lord
Justice) could come to no other decision than to
dismiss the appeal with costs, thereby confirming
the decision of Vice-Chancellor in favour of ➢ir.
M'Murray.

ROLLS COURT.
(Before the Master of the Rolls.)
IN RE DIATTIIEWS-JLTDGMENT.

His Lordship, in delivering judgment on thia
case to-day, said that yesterday he had some
doubts on the subject at issue ; but having
read over the affidavits his mind was satin
fled. The case came before the Court on the
construction of a will. The testator left certain
moneys, with interest accruing thereon, to be di-
vided equally amongst four parties—namely, John
and Susan Emblem, Elizabeth Parker, and Eliza-
beth Esther, the share of each, in the event of their
dying childless, to be divided amongst the survivors.
There was no doubt, as regarded that part of the
will, but a question arose on construction of other
passages in the instrument. The testator provided,
in the case where any of the legatees had issue, and
such issue dying without children after the death of
same, the interest he or she possessed should be di-
vided amongst the legatees, or amongst her brothers
and sisters. Susan Emblem had one child, which
was deceased, and therefore she was to be taken
as having no issue, and her share was to be divided
amongst the other legatees. Mrs. Esther had chil-
dren, and one of them dying after it was questioned
how the interest of the same should be divided. He
had no doubt on the point—it must pass to the
other children.
Decree accordingly.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Goulburn).
IN RE BRANDON.-NO ONE LEFT TO CLAIM A
DIVIDEND.

In this case, a bankruptcy of 26 years' standing,
Mr. Rook made an application to his honour for
permission to advertise a sum of £1,500. The
failure occurred so many years ago that proceedings
bad been lost ; the assignees were dead, and there ap-
peared now to be no one left to claim a dividend.
There had been some Chancery proceedings arising
out of the bankruptcy, and a sum of £1,500 was
received a short time since. The matter was duly
advertised.
His Honour—And no one claimed it?
Mr. Rook—No. We now wish to advertise the
money again.
His Honour—Very proper. If no one answers
does the money go to our fund?

Mr. Rook-I beheve it goes to the descendants
of the bankrupt.

His Honour---'Fhat is very just. The advertise-
ment may be inserted.
Aprlication granted.

POLICE INTELLIGENCE.—This Day.

_' 4

MARLBOROUGII-STREET.

ROBEINITA POLICE SEItGEANT. —Mary Reynolds, a young
woman, was charged 13,fore Mr. Tyrwhitt with being found
in tho house No. 2, Bentinck-street, supposed for an un-
lawful purpose.

John Clark, a lodger at 2, Bentinck-street, said that on
going home the previous night about twelve o'clock, and
letting himself in with a latch key, he found the prisoner
on the stairs. He asked her what she wanted, and she
said she was waiting for a young woman who had gone
into the second floor front room, but it so happened that
that was his own room, and he had the key in his pocket.
The prisoner was afterwards given into custody.
Sergeant Horsey, 6 C, the occupier of the house, said that
on Friday last a robbery was committed in his house, and
on the prisoner being searched at the station two dupli-
cates were found. Ile had been to the pawnbrokers and
found the duplicates related to articles of clothing stolen
from him. A key was also found on the prisoner, which
would open the street door.

Mr. Tyrwhitt inquired if the pawnbrokers wore in at-
tendance, and the sergeant said they were not; but there
was another charge of robbery against the prisoner.
Mr. Tyrwhitt said as tho prisoner must necessarily be
remanded for the attendance of the pawnbrokers, the other
charge could then bo gone into.
The prisoner was remanded.

A SON CHARGING Ins MOTIIRII,.—,EIIeU Keene, . a
tailoress, living in Cecil-court, was charged before Ur.
Tyrwhitt with being drunk and wilfully. damaging a bOd
the property of her son, John Keen; a tailor, living at 50;
Brew,r-street, Golden-square.

Y.
•
The complainant said that yesterday afternoon his
mother came to his lodging while he was at dinner, she
being drunk at the time, and threw the plates about the
room. she then set to tearing up the bed and throwing it
on the fire, and ho had to extinguish the fire to prevent the
place being burnt.
The prisoner said she wont up to the room with her key,
and took a potato off the complainant's plate, when he
jumped off his board and kicked her in the eye, pulled her
round the room by the hair of her head, and nearly choked
her.
George Phillips, 41 C, said that on being called to the
house to take the prisoner into custody he found her lying
on the stair drunk with her head injured.

The complainant said the injury was caused through tho
prisoner falling about.
Mr. Tyrwhitt ordered the prisoner to pay the damage,
20s, And a fine of 6d, or to go to prison for a fortnight.