The Sun.
London, England, 1859-03-08 00:00:00

LAW INTELLIGENCE-(THIS DAY.)

ROLLS' COURT.

(Before the Master of the Rolls, Sir John Romilly.)

JUDGMENT.-IN RE NANTLE VALE SLATE COMPANY.

His Honour, the Master of the Rolls, said—ln this case
I have considered the facts with great pains, and given
them all the careful attention that I could, and I have come
to the conclusion that Mr. Job was not in his office
on the 13th of September last, and was not served
with a notice of the order I made upon him. pur-
posely abstain from stating the grounds on which
I have come to that conclusion. The consequence
will be that the execution will be set aside. He shall
have the costs of this application ; and I shall make an
order that he shall pay the money in my former order into
court, within ten da343 from this time.
Mr. R. Palmer—And on his undertaking that he shall not
bring any action of damages on account of the distraint ?
His Honour—Yes.

Mr. R. Palmer—His obtaining costs will not affect the
ordei that he shall pay the money into court within ten
days ?
His Honour—No. Likewise, the official manager shall
have his costs out of the estate.
Ordered accordingly.

VICE-CHANCELLORS' COURT.
(Before Vice-Chancellor Sir R. T. Kindersley.)
JUDGMENT.-LOMBURDE V. PEACH.

This was a family suit between sister and brother. The
plaintiff, Mrs. Lomburde, by her bill in the events which
happened, claimed the devised estates in her father's will.
The testator, by his will, devised the remainder of his
estates to trustees, and declared that, in the event of
Edmond Henry Tirtan Peach succeeding to his family
estates and his devised estates, he shall not hold both
together ; that the devised estates shall in that event go
over to the next heir of tail in remainder. By the codicil
to his will he directed the rest of the income of his estate to
be applied to the education and maintenance of the heirs of
tail and in remainder. The testator died Nov. 13, 1831.
His Honour came to the conclusion that, in consequence
of the shifting clause in the will, the defendant was not
entitled to hold both estates—the family and devised estates
—hut only the family estates of the testator. But in respect
of the devir\e to the trustees to hold the devised estates for
the heirs in remainder, the defendant was entitled, as heir-
at-law, to succeed as heir in remainder to that estate, to
the exclusion of his sister, Mrs. Lamburdo.
His Honour dismissed the plaintiff's bill, without costs.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Fonblanque.)
IN RE HILLS AND HILLS-THE DARTFORD AND GRAVES-

END BANK.

These bankrupts, Jonathan Hills and Robert Hills, car-
ried on business as bankers at Graveknd and Dartford, and
to-day was appointed for consideration of their certificates.

Mr. Lawrance appeared for the assignees, and Mr.
Bayley and Mr. Read for creditors to oppose.
Mr. Lawrance said the case had been adjourned until the
consideration of a proof tendered on behalf of the estate of
H. Gibson had been decided. Since then, however, Jonathan
Hills had died, and Robt. Hills had left the country, ostensibly
to get a large sum of money for the benefit of the creditors ;
at all events he was not present, and he (Mr. Lawrence)
believed that they, the assignees, and the opposing credi-
tors had a right to insist upon an absolute and uncondi-
tional refusal of the certificate, but, although there were
very grave charges against the bankrupt, and it was not
very probable he would return to England yet, to give him
an opportunity of doing something for his creditors, it
would perhaps be better to adjourn the certificate sine die,
and he could then apply hereafter.
His Honour said he was very decidedly in favour of that
course, and doubted whether he could refuse it when the
bankrupt did not appear.

Mr. Lawrance said that it had been done in other cases,
but an adjournment sine die would answer every practical

purpose.

Mr. Bayley and Mr. Read assented to the suggestion,
and applied for costs of opposition, which were allowed.

His Honour then adjourned the case sine die. No ap-
pointment for another meeting to be made except on special
order of the Court, and special notice to the opposing cre-

ditors.

POLICE IN2'E'LLIGENCE.-(TINS DAY.)

BOW-STREET.

A dissipated-looking man, named John Murphy, was
placed at the bar, charged with violently assaulting Mr.
John Phillips.

The complainant, landlord of the Crown Coffee-house,
High-street, Bloomsbury, said that about half-past three
on that morning, a gentleman came to his house in a cab,
accompanied by the prisoner. The gentleman knew
Phillips, and wishing to stand a bottle of wine, threw down
half-a-sovereign for the purpose. The prisoner tried three
times to possess himself of the coin, but on each occasion
was foiled, which evidently very much displeased him.
The gentleman who wanted the wine was told he could not
have it there, tea and coffee being the only articles sold.
Immediately the prisoner found it was not intended to send
for the drink he behaved in a very outrageous manner,
challenged the complainant to fight, called him vile names,
and ultimately struck him a violent blow, which broke his
nose. The police were instantly sent for, and after some
trouble the prisoner was locked up.
John Webster, a cheesemonger's assistant, lodging at Mr.
Phillips', said he was present when the disturbance took
place, and saw Phillips give the gentleman the half sove-
reign back. The prisoner came in with the gentleman, and
seemed to know him. He saw Murphy strike Phillips.
Police-constable E 115, said he went to Phillips's shop.
The complainant's face was bleeding, and the prisoner was
sitting on one of the tables. He resisted very much, but
eventually he was conveyed to the station-house, and placed
in a cell, where he created so much disturbance that he was
threatened with having his boots taken off. He said he
knew that was more than any peeler dare do, for if any one
came into the cell he would give him a dose that would do
for him. He had known the prisoner for eight or nine
years, but during the whole of that period he had not
known him do a day's work. He was the constant asso
ciate of thieves and ticket-of-leave men.

On being asked what he had to say to the charge, the
prisoner said more than half of what had been said against
him were lies ; that he was drunk, and that he had no
Intention of stealing the half-sovereign from his friend.
Mr. Jardine had some doubts about the truth of the pri-
soner's statement, but it was clear that he had violently
assaulted Phillips, and he should therefore send him to
prison for three weeks.