The Sun.
London, England, 1859-08-10 00:00:00

OTHERS.

This is an appeal from a decree of fAO Lords' Justices
affirming an order made in the admir dstration suit insti-
tuted by the appellant against the T espondent under the
will of the late George Clavering, EFA 1., of Green Croft, in
the county of Durham, dated Jan. 9 „ 1793. The testator,
after giving certain legacies, bequeathed the whole of his
property to trustees to execute the r)urpoks of his will ; and
he declared that if his son, or wife, or any of their
children became Catholics, or r esided or were educated
abroad, they would forfeit all bee inests under his will. The
appellant is the youngest son of his son's marriage, born in
1800, and he alleges that his by 2others and sisters have for-
feited all right under the wif I by education and residence
abroad.

Vice-Chancellor Kindersle y decreed:that the appellant, as
the representative of his twto sisters, was entitled to one-
third only of the estate as 4 ,;enant in common, and that the
appellant was entitled to one-fourth part of the testator's
personal estate.

Their lordships were • ananimonsly of opinion that there
was no forfeiture of the bequests in favour of the appellants,
brothers and sisters, OT i the ground of residence abroad or
becoming Roman Cat' aolics, It appeared they were edu-
cated according to the rites of the Church of England and
received an English education. Their lordships affirmed
the decision of the If 'ice-Chancellor and Lords Justices, and
dismissed the appeal with costs.

•
SO'fINSTON V. JOHNSTON.
Mr. Anderson, (.C., resumed and concluded his argu
ment for the appellant.

The Lord-Advocate was heard in reply.
This is an appeal from a decision of the Court of Session
in Scotland, remitting the cause to the Jury Court, and
settling the issues to be tried by the jury.
An objection was taken to the competency of the appeal.
Their lordships were unanimously of opinion that the in-
terlocutor of *Le Court of Session, settling the issues in a
cause, was appealable under the statute 1850, as much as
any other inparlocutor of that Court. Their lordships al-
lowed the appeal, and remitted the case to the Court of Ses-
sion to settle the issues according to the opinion of the ma-
jority of the court, reserving to the Court to dispose of the
question of costs. •

POLICE INTELLIGENCE.-(THIS DAY.)

MARLBOROUGH-STREET.

CHARGE OP ROBBERY AND RECEIVING BRASS Es-
CI) TCKEONS.—Three boys, named George Williams, Joshua
Coleman, and Robert Stringer, were charged with stealing
a quantity of brass escutcheons, and Julia Bishop and
Fanny Bishop, mother and daughter, keepers of a marine-
store shop, in Titchfield-street, were charged with receiving
the same.

Mr. Lewis, of Great Marlborough-street, appeared for
the receivers.

From the evidence of John Brown, 128 C, it appeared
that about nine the previous night he was in South Molton-
street, and saw the three boys easing the different doors in
the street, and having got in a doorway he saw the three
boys go to the door of Mr. Gardener, and after stopping a
few minutes hastily leave. He pursued them into New
Bond-street, and on the way Coleman threw away a hand-
kerchief containing seven brass escutcheons taken from
different doors. He took Solomon, and the others were
subsequently taken. On asking Solomon what he was
going to do with them, he replied, " Sell 'em." He after-
wards went to the shop of the females, and after a little
hesitation the daughter was acknowledged to have pur-
chased some escutcheons on a former occasion. Stringer
had told him he sold five for a penny.
Mr. Beadon said he would advise the females to exercise
more caution and not buy such things of boys like those at
the bar.

Mr. Lewis said his clients had answered the questions of
the officer readily.
Mr. Beadon said he should discharge the females and
remand the boys for a week.

THE WHISKY TRADE.-IMPOR 7',1 NT

CASE.

At the Mayor's Court was tried yesterday, and not
finished until a late hour, Christie v. Baum. Plaintiff is a
whisky merchant at Liverpool, and defendant is a money-
changer of Lombard-street. Mr. H. James, instructed by
Mr. Stubbs, of Moorgate-street, appeared for the plaintiff;
and Mr. Needham for the defendant.

According to the evidence of plaintiff and his witnesses,

it appeared that in November of last year he, being in Lon-
don upon the criminal prosecution of Rikey and Thurgood
(in the last whisky fraud case), was introduced to a person
named Fisse. Fisse wished to purchase £4OO worth of
whisky, and gave as reference the defendant and a person
named Brelly, who was guarantee for £3OO. Plaintiff sup-
plied the whisky in due course. In January of the present
year he was surprised to find the whisky in the possession
of defendant. An effort was made to restrain the defen-
dant from selling, but unsuccessfully. The present action
was brought to recover £26, the value of the casks.

Mr. Perry, from Mr. Stubbs, deposed that he gave de-
fendant notice that plaintiff expected to have the casks
within the usual time allowed in the trade.

Mr. Christie said the whisky was sold for home con-

sumption

For the defence it was urged that plaintiff had no inte-
rest in the casks to enable him to sue. It was also sworn
that the whisky was sold for exportation, and if that were
so the casks were included—the rule in the trade was not
to charge for casks supplied for exportation.

- -
His Honour (the Common Sergeant) was proceeding to
sum up when the jury stopped him, and at once found for
plaintiff.
Upon the question of law a special case is to be laid be-
fore his Honour.