The Sun.
London, England, 1859-11-25 00:00:00

LAW- INTELLTGENCE.-(TRIS DAY.)

COURT OF CHANCERY.
(Before the Lord Chancellor and Lords Justices.)
APPEAL-JUDGMENT-2.IONTEFIORE V. GITEDELLA.

This was an appeal from an order of the Master of the
Rolls, on the construction of the will of the late Mr. Grua-
della. And the, question raised was,'whether the bequest
of £3,0003f per Cent. Bank Annuities to his son, was to
be takenpro tanto of one-third of the legacy due to him on
his marriage.

Their lordships were of opinion that that sum must be
taken in satisfaction of Mr. Hyam Guedella's share, and
remitted to the Master to tax costs.

APPEAL-JUDGMENT-PENDLETWt V. BOOTH,

This was an appeal from a decree of Vice-Chancellor
Sir John Stuart, finding the mortgagee entitled to redeem.
The question related to the right of morgagees to redeem
property under certain circumstances after a lapse of eighty
years.

Their lordships were of opinion that there was an equity
of redetuptiou in this case, and that Samuel Rooth was en-
titled to redeem.

Their lordships affirmed the decision of the Vice-Chan-
cellor, and dismissed the appeal with costs, taxing the costs
of appeal at £2O.

APPEIX.,-DA.VIS V. PERRY.

This was an appeal from a decision of Vice-Chancellor
Sir John Stuart setting aside a mortgage granted by the
respondent to his solicitor in satisfaction cf his account.

Their lordships dismissed the appeal Stith costs, subject
:o modification.

COURT OF EXCHEQUER.
THE QUEEN ♦. PERRI:U.-THE BUILDERS' STRIKE.
Before the Loth Chief Baron, and Barons Bramwell and
Channell.)

The Lord Chief Baron this morning gave his decision in
this case, which was an application made by Mr. Edwin
James, Q.C., for a writ of habeas corpus to bring up the
body of William Perham, who had been convicted at the
Clerkenwell Police Court, under the 6tl, of Geo;IV., c.
129, sec. 3—the act against intimidaticn or obstructing
persons in their work. • The learned gentleman had made
a similar application to the judges in the Court of Queen's
Bench, which had been refused.

The Court held that it was not necessary for the informa-
tion to be in writing, and that the magistr#o having heard
the evidence, and adjudicated thereon, the conviction was
in accordance with the terms of the act,
Application refused.

SWINFEN V. LOUD CHELMSFORIi..-RIGHTS OF COUNSEL.

The arguments of Sir F. Kelly and the other learned
counsel engaged in showing cause against the rule for a
new trial being concluded,

Mr. Kennedy commenced his reply in support of the
rule, and was proceeding when we wont lo press.
It is not at all likely that the arguments will close to-
day.

COURT FOR DIVORCE AND MATRIMONIAL

CAUSES.

(Before Justices Cresswell, Wightmaa, and Byles.)
COLES V. COLES.

This was the potition of Mary Ann Coles, praying for
dissolution of marriage with her husband on the ground of
adultery, coupled with desertion and bigamy, and the ro-
spondent entered no appearance.

Mr. Field was counsel for the petitioner.
The parties were married at St. Georgets, Southwark, on
the 9th ' October, 1.851. They cohabitel until January,
1856, with occasional separations arising from the inability
of the petitioner to maintain the respondent. In the begin-
ning of the last mentioned month he derted her, and in
the same year was married to a female named Wood in the
parish chtirch at Leeds,with whom he hal since lived under
the name of Johnson. It further appeared that since the
petitioner left the respondent he had enlisted in the Scotch
Fusilier Guards, in which he was at present a private.
The respective marriages were proved, and the petitioner,
who attended in charge of the sergeant of his regiment, was
fully identified.

The court decreed the dissolution of th 3 marriage.
FAULKNER V. FAULKNER ANL MOORE.
This was the petition of John Joseph Faulkner, praying
for the dissolution of his marriage with his wife, on the
ground of her adultery with the co-resiondent and other
persons.
Tho petition stated that the marriage took place in 1841,
at St. Andrews Church, Holborn, and the parties lived
together till 1847, when the petitioner diocovcred his wife's
infidelity. The petitioner was a practical engineer, and it
appeared that there were two children bythe marriage.
Tho court pronounced the dissolution of the marriage.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Evans.)

IN RE AMISS.

This bankrupt was described as of Conduit-street, Bond-
street, tailor, and passed his examination without oppo-
sition. The accounts, by Messrs. Paul and Turner, show
—Debtor, £797 ; good debts, £2OO.

IN EP TEESDALE.
This bankrupt was a licensed victualler in the country,
and applied for his certificate.

Mr. Lawrence, fur the assignees, did not oppose, but
rather asked for a certificate of the second class.
His Honour said; as no creditor opposed, the certificate
would be granted.

(Before Mr. Commissioner Goulburn.)
IMPORTANT QUESTICN.

A case was brought before the Court on a question in
which an accountant had held the account books of the
bankrupt, on tho ground that he hed a lien upon them for
work done in endeavouring to effect an arrangement with
the creditors. An intimation having been made by the
Court, that the messenger ought to take possession, the
books were given up without prejudice.

His Honour now said, that was a proper course, but he
did not consider he could settle the question, and
would like to see it returned to the Lords Justices
or the highest Court of Appeal. He quoted a case in point
in which it was suggested by the Vice-Chancellor that the
matter should be referred to a jury. Nearly similar, but not
perfectly so, he thought this a case on which the opinion of
the Court above should be taken. The 4aestion was whe-
ther a trader could place his books in the hand of an ac-
countant for a purpose, but being declared a bankrupt, the
accountant would hold them against the assignees, except
on payment of an account which they could not tax. He
thought the assignees ought to mnsider the course they
should adopt.
The case was adjourned.

SPORTING INTELLIGENCE.

TATTRRSALLS'--YESTERDAY.

About a dozen members present, and the only bets laid,
to small sums, weae-12 to 1 each agst Buccaneer and The
Wizard, and 100 to 1 agst St. James for the Derby.

SCULLERS' RACE BETWEEN FINNIS AND CORBY
—Yesterday afternoon a scullers' race came off between J.
Finnis, of the Tower, and H. Corby, of Gravesend, from Put-
ney, to Mortlake, for £6O. Both men were in excellent con-
dition. All preliminaries having been arranged, the men took
up their positions, it being nearly high water at the time. On
the signal being given they dashed off together, and a splen-
did race ensued for a short distance, when Finnis. gradually
left his opponent, and came in a winner by several boats'
lengths.
THE BALTlC.—lnformation has been received at
Hull, stating that at St. Petersburg, last Friday evening,
it was very cold, and the navigation of the Baltic for the
present season was regarded as closed. The last steamer,
the RussinieLhad sailed.
ROMAN CATHOLIC SEMINARY IN DUNDEE.—Mr.
Thiobault, merchant, has set aside upwards of £l,OOO for
erecting an institution for the residence of a number of
teachers, designated the Morris Brothers, who will under-
take the education of a largo number of Roman Catholic
boys. Several other Roman Catholics have also met and
subscribed a sufficient sum to commence the building of a
school in connection with the institution.—North British
\Daily Nail. _

\ BOILING A CIIILD.—The Douai journals relate
an extraordinary instance of ignorance in a village near
that town. A physician called a few days ago to prescribe
for the sick child of a peasant woman and ordered a warm
bath. " What is a bath ?" said she, " Heat some water in
your pot on the fire, and put the child into it." A few mi-
nutes later a neighbour entered and found that the woman
had put the child into the pot with the water, and had
placed the little creature en the fire which she was dili-
gently stirring up. Of course tho neighbour rescued the
child from the horrible fatewith which it was threatened.

RAILWAY LIABILITY.—On Wednesday a ques-
tion of railway liability came before the Manchester County
Court. The plaintiff, Mr. Burland, summoned the London
and North-Western Railway Company for the sum of £1
6s. 6d. On the 31st of August, Mr. Burland booked from
the London-road station, for Liverpool; at ten minutes past
two. The train from this station usually meets at Ordsal-
lane, the Liverpool train from the Victoria station, Man-
chester, but on this occasion it was fifteen minutes late,
and the plaintiff was disappointed of his engagement
in Liverpool, and had to go into Shropshire to complete it.
The plaintiff sued only for the additional expense he had
been compelled to undergo for his journey. The advocate
for the company said ho had no defence, as it was a ques-
tion of liability, and the verdict was consequently given for
the plaintiff.
FRIGHTFUL FALL FROM A SKYLlGHT.—Yester-
day, as the female servant of Messrs. Rotten, Grant, and.
May, fish-salesmen, of No. 9, Billingsgate Market, was
shaking a mat on the flat roof of the house, she accidentally
slipped, and fell backwards through the skylight, carrying
away its iron framework, and in her descent falling upon
a second skylight, beneath which were fortunately some
herring pads, which broke the force of the fall, otherwise
she must have bee* killed on the spot. She was picked up
insensible and taken to St. Thomas's Hospital, where it
was ascertained that she had sustained compound fractures
of the thigh and wrist, and several severe contusions. Her
recovery is considered doubtful.
MORALITY OF THE PRESS.—An exposure of the
means by which some journals are kept before the public
has occurred this week in the North of England. A penny
daily paper, which has hitherto advocated extreme Radical
principles, has suddenly veered round to Protection, and is
writing a series of articles in favour of the Navigation Laws.
The " consideration" is an order for 3,000 copies of each
number, which are purchased by the Shipowners' Associa-
tion, and distributed gratis.—Bristol Mercury. [This re-
markable pattern of political honesty and commercial mora-
lity is our neighbour, the Northern Daily Express,—ED.
Newcastle Daily Chronicle.]