The Sun.
London, England, 1861-02-13 00:00:00

THE SUN, LONDON, WEDNESDAY EVENING, FEBRUARY 13, 1861.

LAW 11VT.ELLIGENCE—( This Day.)

LINCOLN RACES.

COURT OF CHANCERY.
(Before the Lord Chancell4 and Lords Justices.)
IN RE MORTIMORE EX PARTE MORTIMORE-JUDGMENT.
This was an appeal from a decision of Mr. Commissioner
liolroyd, declaring that the two debts of £1,300 and £l,OOO
was due to the bankrupts jointly; and that the deposit of
railway shares constituted a general security for the gene-
ral balances due to the respondent from,the bankrupts
jointly.
The appellant contended that, on a true construction of
the memorandum of deposit, the shares were only a secu-
rity for such sums as might be due from the bankrupt
Mortimore separately to the respondents, the City Bank.
The Lord Chancellor and the Lords Justices were of
opinion that the deposit of the shares were only in security
of such sums as might be due to the City Bank by Morti-
more separately.
Their Lordships discharged the order of the Commis-
sioner. The respondents to pay the extra costa before the
Commissioner, but no coatsof the appeal: Appeal allowed
without costs.

(BY ELECTRIC TELEGRAPH.)
These races are postponed until (to-morrow) Thursday

and Friday.

POLICE INIELLI9ENCE—(Mis Day).

MARLBOROUGH STREET.

CLEVER CAPTURE—AN INTENDED BURGLARY PRE-
YENTED.—WiIIiam Porter and Henry MiArdle, two deter-
mined looking fellows, were charged as follows :
Sergeant Boden, 11 D, said—About seven last evening,
meeting the two prisoners, I followed them and suspecting
their object, watched them. On reaching the Oriental
Club House, Porter went up the steps of the front entrance
and peeped into the hall, the other prisoner keeping watch.
Porter then went round the railings in a stooping position,
while doing so peeping in at every window. They then left
and went round to Brook-street, to Mr. H. Emmanuel's, the
jeweller, and they both looked over the railings. After waiting
for a minute or two Porter went up the steps and looked over
the ground-glass of the windows in the door, the other
prisoner all the while, with assumed carelessness, walking
up and down, with his hands in his pockets, keeping watch.
They then left and Porter went into the doorways of several
adjoining houses, in each of which he stayed a minute or
two. They then went further down Brook-street, and
crossed over to Claridge's Hotel, where Porter got his head
and shoulders in at one of the doors, the other still keep-
ing a watch. They then walked as far as the corner
of Davies-street, where, a sergeant and constable
coming round as the relief, they started off, but were
captured. One of them refused his address, and the
other gave a false address. I have no doubt their object
was that of reconnoitring for the purpose of committing a
robbery either at the hotel or the jeweller's.
Porter said it was not to be supposed that the landlady of
a house knew the names of all her lodgers, and if his wor-
ship lodged at the house his name would not be known.
The prisoners were remanded for a week, and Mr.
Beadon ordered them at once to be removed from tilt dock.
Porter said he should like to know what he was remanded
for. The constable said he had pushed open Mr. Em-
manuel's door.

MOTION FOR JUDGMENT-IN RE FRESTUN-HABEAS COR,

PUS FOR DISCHARGE FROM CUSTODY.

The Lord Chancellor and Lords Justices were of opinion
that the bankrupt, "William Anthony Frestun, a prisoier
in the Queen's Bench prison, was unlawfully imprisoned,
and unlawfully arrested in prison.

Their Lordships were of opinion that the bankrupt was
protected from imprisonment until he was finally examined.
Their lordships considered all the subsequent detainers
lodged against him were unlawful, and ordered him to be
discharged immediately.

The bankrupt was accordingly discharged, and left the
court with his friends.

ROLLS COURT.
(Before the Master of the Rolls, Sir John Rorailly).
MOTION FOR DECREE-JUDGMENT.
ATTORNEY-GENERAL V. JESUS COLLEGE, OXFORD.

His Honour, the Master of the Rolls, said--The question
on which this information turns dependson the proper con-
struction to be put on the will and codicil of the Rev.
Edward Merricks, the founder of a Scholarship and Fellow-
ship at Oxford, and a School at Bara, in North Wales.
The testator, by his will, devised all his real and personal
estate to trustees and executors, for the purpose of
establishing a scholarship and fellowship at Oxford
College, and appointed the Bishop of Hereford
and others his trustees and executors to carry his will into
effect. And by a codicil to his will he devised his personal
estate and the residue of his real estate to his nephew,
Robert Merrick, and his heirs and executors, for the pur-
pose of endowing and establishing a school at Bara, in
North Wales, and the question raised was how far this
codicil took away the direct gift to the college at Oxford.
His Honour was of opinion that the bequest to the school
was in the ratio that £4 17s. bears to the whole rent of
the estate at the date of the codicil, and declared accord-
ingly, with costs out of the estate.

Mr. Beadon said he had said no such thing, and on the
Prisoners being removed from the dock they behaved with
the greatest impudence, stating that all the officer had
stated was false.

COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)
GURNEY V. GURNEY AND TAYLOR.
At the sitting of the Court this morning, the Solicitor-
General, on behalf of the petitioner, Mr. Gurney, M.P. for
King's Lynn, applied to have the decree nisi, which had
been suspended, made.

The motion was granted, and the Court pronounced the
decree.

SHEDDON V. THE ATTORNEY-GENERAL.
This was an application made by Miss Sheddon in person
to re-open this case.

The Judge Ordinary informed the lady that he had read
the papers she had filed, and he found it impossible for him
to entertain the application alone.. The former took place
before the full. Court, and the application must be made
when the other judges were on the bench.
Mi.ss Sheddon said the mental depression and illness she
had suffered since the judgment in the former trial had
been prenounced, had prevented her making the application
before,. but her chief reason in troubling his lordship
on this occasion was to enable her to comply with
the rules for an appeal to the House of Lords.
The notice must be given within three months, and that
time expires in a few days.

The Judge Ordinary said the application must be made
to the full court.

Miss Shedd on thanked his lordship and left the court
with her friends.

SHERIFFS' COURT.
(Before Mr. Kerr.)

COMPOSITORS AND PIECE WORE..--IMPORTANT

SION.-SIMS Y. MADDICK .

This was an action to recover two weeks' wages in lieu
of notice, plaintiff being a compositor, and defendant a
master printer.

Plaintiff said he had been engaged at defendant's house
in December last.

His Honour—How were you paid, the usual 365. per
week ?

Plaintiff—No ; I was upon piece-work.
His Honour—Can you demand notice when you are oti
piece-work.

Plaintiff—Yes; I was engaged upon a new paper, and
worked upon it for three weeks.

Defendant's overseer said ho had been a compositor, and
during the last ten years he had filled situations as over-
seer. In his opinion piece -work hands were not entitled
to notice.

Plaintiff—l am sure they aro. I with four bands was
discharged summarily without any fault being found.

Defendant's overseer--Plaintiff is one of Hansard's ses-
sional hands, and as soon as the session opened would have
left us unceremoniously.
Plaintiff—lndeed, I should not.

His Honour asked plaintiff if he had the rules with him.
Plaintiff produced the rules, and his Honour suggested
that an alteration should be made with the one embracing
a►nd dealing with "notice." It should say "whether •n
stab or piece .work."
Plaintiff had witnesses as to the custom.
His Honour (to defendant's overseer)—When you en-
gaged plaintiff, did you say " for a week and no longer," or
anything like it ?

Defendant's overseer—No; I engaged him in the ordi

nary way.

Him Honour—Then he is entitled to notice.
Verdict fir the plaintiff, with costs.

TRIS DAY'S MARRE7'B.

CORN EXCHANGE.

The show of English wheat on sale here to-day was
limited, and the general condition of the samples very
middling. Fine qualities changed hands readily, at very
full prices ; but inferior samples were a slow inquiry, at
Monday's currency. _ _

. _
The arrivals of foreign wheat aro confined to 2,120
quarters, and both red and white parcels met a steady sale
at full quotations. _ .

Floating cargoes of grain were in fair request, and prices
ruled firm.

Malting barley was inquired for, and in some instance■
prices were the turn in favour of sellers. Other kinds fully
maintained previous rates.

The malt trade was in an inactive state, but without
leading to any change in the quotations.
Oats moved off steadily at very full prices.
Beans and peas ruled firm, and prices were well sup-
ported.
For flour there was a steady demand at quite Monday's
currencies.

ARRIVALS THIS WEEK.
Wheat. Barley. Malt. Oats. Flour.
Eng1i5h........ 420 3,090 1,25- I 980
.. ..
lore F0reign........ 2,120 1 —1 2,630 10 sack
brls.