The Sun.
London, England, 1859-01-29 00:00:00

THE SUN, LONDON, SATURDAY EVENING, JANUARY 29, 1859.

LAW INTELLIGENCE-( THIS DAY.)

COURT OF CHANCERY.
(Before the Lord Chancellor.)
ATTORNEY-GENERAL v. CHAMBERS-ATTORNEY-GENEILAL

V. REES.

The further hearing in this part-heard cause :was re-
sumed this morning. The question is, What is the truo
line of demarcation between the sea shore and the beach,
or land embankment, at Llanelly, Carmarthenshire, South
Wales ?

Mr. R. Palmer, Q.C., is now being heard for the
respondents.

(Before the Lords Justices.)
APPEAL.—IN RE THE ATHENJEUM LIFE ASSIIIIINCE

COMPANY.

The further hearing of this appeal motion was resumed
this morning.

Mr. Daniel., Q.C., was heard in reply.
At the conclusion of the arguments the Lords Justices
consulted together, and Lord Justice Knight Bruce an-
nounced that judgment would be given on the 19th of
February.

ROLLS' COURT.
(Before Sir John Romilly.)
JUDGMENT-PRETTY V. SOLLY.

His Honour the Master of the • Rolls said—This is a
question which arises on the construction of the act of Par-
liament, and a dispute is raised on tho anestion of title. The
bill is filed for specific performance of the act, and to Piave
the usual declarations made. It appears that the certificate
complained of applies to the minerals under the lands Id-
loted. The certificate furnishes a good title to all the allot-
ments, except as to the mines and minerals of the allotment
to the lord of the manor, to which, it is said, a good title is
not given. The question is raised on the construction of
the 58th section of the Enclosure Act, 45 Geo. 111., cap. 9,
an act for enclosiog the lands, meadows, and marshes
of Great Campton, in the county of Dorset.
His Honour observed that the general rule in the .con-
struction of public statutes was that the special clause
ruled the general clause, and looking to the 28th, 291-11, and
58th clauses of the Act, he was satisfied that the certificate
of the chief clerk, as to the allotment of one-sixteent h part
of the land to the Lord of the Manor, gave him a good title
not only to the lands, but also to the mines and mi nerals
under the lands. It could not be intended to give hhn only
a superficial interest in the surface soil. His Honour
declared that the certificate of the chief clerk, givin tg the
Lord of the Manor that preference—the preference to the
mines and minerals under his allotted lands—must b., con-
firmed.

CARTER V. SEBRIGHT.
This case again stands over for judgment.

CITY SHERIFFS' COURT.
(Before Mr. Prendergast, Q.C.)
TEETH.-A PAINFUL TRIAL.-ALBERT V. YULV..
Mr. Lewis appeared for the plaintiff, and Mr. Green for
the defendant.
The action was brought to recover £8 10s. for a set of
teeth supplied to defendant. It appeared that plaintiff is a
surgeon-dentist, and that he was employed by defendant to
make him a set of teeth. Having done so, he took tlx em
to defendant's house, and tried them on, when they t ere
pronounced a misfit. They were taken away, and agr Ain
tried and left, and defendant was told to persevere—(laugl'i-
ter)--but defendant had no patience, and they were ag,l yin
returned, plaintiff promising to make a fresh set. Up on
their being taken home, plaintiff promised to try the, n ;
but when plaintiff called to see how they answered, defe) id-
ant said it was no use trying, for they hurt him so nu ich ,
that he could not possibly keep them in his mouth. He
said to plaintiff, "You have taken a great deal of trouble
in this matter, here is 30s. for you." To this plaintiff re
plied, " Ten times that would not pay me. You had bet ter
persevere—(laughter)—and I expect to be paid." De fend-
ant said, "Oh 1 that is absurd. I shall not keep the t ;eeth,
but here are two pounds for your trouble." Plaintiff took
the £2, but only on account, and took the teeth away with
him. He sent themback a day or two afterwards, but. they
were returned. He thought defendant should have given
them a fair trial. He was a very irritable man. (Laug.'ater.)
His Honour—Well, Mr. Lewis, what can we do• P I
don't see how you can expect the poor man to persev ero in
spite of his teeth. (Laughter.)
Mr. Lewis—He could not expect the teeth to be easy the
first day. He has not given them a fair trial.
Witnesses were called, and one, a surgeon-dentist,. said
that, looking at the model of defendant's mouth (produced)
he considered it would be quite a month before the 'teeth
would be easy.
His Honour—And would he have to persevere the whole
month ?

Witness—Yes.
His Honour—l should say that would be a painful 'trial,
(Laughter.)
For the defence it was urged that defendant wat no.
bound to keep the teeth if they did not suit him, at .d a
Miss Lewis was called, who stated that defendant su ft ered
very much from the teeth. In her experience the teeth
should be easy the first day.
Mr. Lewis How do you know P
Witness—l have seen many teeth fitted.
Mr. Lowls—Oh that's nothing. Now, don't be (lit (lb de d ,
pray have you worn false teeth ? (Laughter.)
His Honour—Oh ! fie, Mr. Lewis. Now, come, don't
you think that is rather too pointed ?
Witness—(laughing, and displaying a singularly re paler
white set)—Never, sir. (Laughter.)
Mr. Lewis—Then I won't take your evidence.
His Honour—What can we do Now come, Mr. L.ll
you are a clever fellow, how will you put this ?
Mr. Lewis—l contend that he has not given the teoS di a
fair trial. If a tailor sends you home a suit of dot)
ordered, and they don't fit, it does not follow that you. aro
not bound to keep them. If they don't fit he alters the m.
His Honour—l don't see that, Suppose the trot; sera
were the only ones you had, and they didn't fit, that wt ,uld
carry out the old saying—" Lying in bed while 'our
breeches are mended." (Roars of laughter.)
Miss Lewis—The teeth rocked in Mr. Yuly's moues and
made him throw up his food.
His Honour—Well, after that—why Mr. Lewis will
throw up his case. (Roars of laughter.)
Mr. Lewis—No, I won't.
His Honour—Then we must nonsuit you.

POLICE INTELLIGENCE.-(THIS DAY.)

have had no instructions from the Commissioners on the
subject. I have reported the result of the trial yesterday,
and I am going to Scotland-yard after this charge termi-
nates. _ _

Mr. Henry—There is no doubt the prisoner quitted the
force without leave.
Mr. Lewis—Yes, your worship, but he has done no harm
in so doing.

Mr. Henry—l shall inflict the full penalty of £5, or a
month's imprisonment. That leaves the question open
whether the Commissioners will prosecute the prisoner in
the county of Lancaster.
The fine was immediately paid, we understand, by Mrs.
Wilkins.