The Sun.
London, England, 1859-06-14 00:00:00

LAW INTELLIGENCE.-(THIS DAY.)

VICE-CHANCELLORS' COURT.
(Before the Lords Justices.)
IIARTLETT V. PHILLIPS.

The contention here was whether the respondent, the
vicar of Maidley, was entitled to the rents and profits'of
the mines of coal and ironstone under his glebe lands. It
appeared that the mines had been discovered in 1756, and
that the workings underground from other lands had been
carried on since 1844 ; and the question was whether the
vicar had a legal right to the rent and profits of the mines.

Lord Justice Knight Bruce and Lord Justice Turner
were decidedly of opinion that the respondent had no right
to the rents and profits of the mines in question, except the
entire sum of expenses, which the patron had consented to
allow him ; and that the sum of £4OO paid into court shall
be laid out in the improvement of the vicarage.

PETITION FOR JUDGMENT-IN RE LOVELACE--SETTLEMENT,

This is an appeal from a decision of Vice-Chancellor Sir
William Page Wood, finding that the donee of the appointee
in a marriage settlement was, not liable to pay legacy duty
to the Crown, under the Legacy Duty Acts, 16, 17, and 18
of the Queen, cap. 51, secs. 12, 4, and 2.
Mrs. Lovelace, by her marriage settlement, had a power
of appointment and nomination, and on the decease of her
husband, in 1852, she left England to reside in Franco.
By her will she executed this reserved power of appoint-
ment; and the question was, whether the donee of the
appointee was liable to pay legacy duty on the legacies
bequeathed to him by the testatrix.
Lord Justice Knight Bruce and Lord Justice Turner
were decidedly of opinion that, under the second section of
the act, legacy duty was payable to the Crown by the donee
of the appointee, and declared accordingly.
Their lordships reversed the decision of the Vice-Chan-
cellor, and dismissed the appeal without costs, except as to
costs of the court below, of consent.

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

IN RE EENDELL.

This bankrupt was a carman, &c., in Well-street, Well-
close-square, and this was a meeting for consideration of
the certificate.

The accounts, by Mr. S. T. Cooper, commence January,
1858, with a capital of £835, and he now owes to creditors
unsecured, £798; profits, £3,547. The credit side shows
Good debts, £162; doubtful, £10; property, £761. Trade
expenses, £2,718 ; wages, £923 ; rent, £127 ; interest, £108;
house and personal, £348. The meeting had been adjourned
until to-day to afford an opportunity for him to examine
the accounts, as he had been recently appointed. The
result of that examination had been satisfactory, but an op-
position was now raised by certain trustees under peculiar
circumstances.

881 0 84./

Mr. Rose, solicitor to the trustees, said that plaintiff was
a partner to a joint bond. Two of those parties had become
bankrupt, but proof wasnot admitted, as there was a solvent
partner. The third party being now bankrupt, kr. Rose
, contended he had aright to appear to oppose according to
13 I notice.

45
72 1 }

His Honour said that could not be allowed until the claim
was converted into a proof, but on looking to the form of
the memorandum on the proceedings, the claim had by the
circumstances assumed the character of a proof, except that
the opposing creditors did not claim a dividend in compe-
tition with the creditors of the estate. He therefore thought
they had a right to oppose, but would adjourn the case for
hearing for one week, when the facts could be discussed
before Mr. Commissioner Holroyd--the costs of the trustees
to abide the decision.

Mr. Lucas was for the assignees, and Mr. Bayley for the
bankrupt.

IN RE WHITWELL.

The bankrupt was described as of the Fir Trees Tavern,
Herne Hill, Wanstead, and this was a meeting for choice
of asegnees and proof of debts, &c. The petition was filed
by Messrs. Underwood, distillers, Eastcheap. Several
proofs were admitted and assignees chosen. Messrs. Hart
Brothers were appointed accountants to the estate.

CRIMINAL CO URT.-(THIS DAY.)

OLD COURT.
(Before the Recorder.)
CHARGE OF LIBEL.-GODFREY V. NEWTON.

The hearing witnesses for the defence was continued this
morning ; at the termination of which Sergeant Ballantine
addressed the jury at great length for the defendant. The
learned advocate was followed by Sergeant Parry, for Dr.
Godfrey, who, in a speech of much ability, contended that
he had clearly established the charge of libel.
The Recorder then summed up, and the jury, after an
absence of a quarter of an hour, returned a verdict of not
guilty.

NEW COURT.
(Before the Common Sergeant.)

The Court was occupied the whole of the morning in
hearing evidence in the case of John Davis and John
Handley, charged with having in their possession a quantity
of counterfeit coin.

The jury found both prisoners guilty. Davis was sen-
tenced to two years, and Handley to six months' imprison=
ment in the House of Correction.

POLICE INTELLIGENCE.-(THIS DAY.)