The Sun.
London, England, 1861-01-19 00:00:00

THE SUN, LONDON, SATURDAY EVENING, JANUARY 19, 1861.

ISIONS.

LAW INTELLIGENCE.-(THIS DAY.)

I Business done

COURT' OF CHANCERY.
(Before the Lord Chancellor.)

APPEAL.--JITIMMENT.-THE OFFICIAL MANAGER OF THE

SHEERNESS WELL COMPANY V. POLSON.

This is an appeal from a decision of the Master of the
Rolls, dismissing the plaintiff's bill without costs.
The Lord Chancellor affirmed the decision of the Master
of the Rolls, and dismissed the appeal with costs. The only
difficulty his lordship had was as to whether he should not
vary the decree and give costs below.

SPAIN.

BOLLS COURT.
(Before the Maste' of the Rolls, Sir Sohn Itomilly.)
SOLLIET 7. SOLLEY.-JUDGMENT.

His Honour the Master of the Rolls said—This is a
question on the construction of the wills, and the question
is whether the gift ever in the will takes effect. And
though I thought there was not very great difficulty on
the subject, yet I Was desirous to consider it more
carefully in private before expressing any opinion
on it publicly in court. The words of the will
are these : —The testator gave certain real estates
to his daughter for life, and then there is a gift over for
distribution. The testator " devised his estates to the issue
of his son or sons, daughter or daughters, lawfully begotten
of their body, to be held by him, her, or them for ever ; bu
in case my said son and daughter should die without issue,
then my desire is, that the estate shall be sold by auction."
I think that the gift over is good. His Honour considered
that the words used might be construed as words of purchase,
but he had no doubt that the gift over was good, and
that there was no intestacy. His Honour decreed
that the property should be sold and the proceeds divided
in terms of the will. Costs out of the estate.

JUDGMENT.-PRA.TS V. THE SOUTH-WESTERN RAILWAY.

_DOMMINEY V. THE SOUTH-WESTERN RAIL-WIT.
His Honour the Master said—This is a suit to compel
the South-Western Railway Company to restore an old
road called Old Shore-road, by the Southampton
Waters, which is said to have been taken by
the company for the 'purposes of the railway
in 1846. The railway divided the freehold and
leasehold property,:leaving the latter without a road. The
old road was a serviceable one to both lands, and the plain-
tiff claimed a restoration of the old road, or the company to
purchase his leasehold lands.

_
His Honour, in considering the claims of both plaintiffs,
came to the conclusion that they were not entitled to claim
a new road from the company either to their freehold or
leasehold lands, and dismissed both the plaintiffs' bills
without costs.

The company now offered to purchase the leasehold lands
from the plaintiffs.

COURT OF EXCHEQUER.
CBefora the Lord Chief Justice, Baron Martin, and Baron

WilJe.)

BUST V. GIBBON.

This was an action for malicious prosecution, tried last
term, when a verdict for the plaintiff was returned for £lO.
A rale nisi was obtained to set aside the verdict, and enter
it for the defendant, or for a new trial, on the ground of
misdirection, the judge having told the jury that there was
io reasonable ground to justify the defendant from giving
plaintiff into custody. It appeared that a man named
Swatman, employed with Bust by the defendant,
absconded an a Sunday morning with some money,
with which the workmen should have been paid on the pre-
vious day. Bust was very frequently in connection with
Swatman, and was seen early on the morning in question
coming from his house, and had an opportunity of giving
Swatman information to enable him to commit the robbery,
which he could not have possessed himself. Upon this
defendant gave plaintiff into custody. Baron Wilde
directed that the circumstances were not sufficient to justify
the defendant acting as he did. This was the misdirection
complained of.

The Court thought that the direction was correct, and
refused to interfere with the verdict.
The rule was therefore discharged.

COURT OF DIVORCE.

:Before the Lord Ordinary, Mr. Justice Willes, and Mr.
Baron Channel.)
RYDER V. RYDER.

This was an application on the part of the Hon. Mary
Charlotte Dudley Ryder to amend an order made by the
Judge Ordinary with regard to the custody of the children.
It was complained that he had made an order which gave
no directions with regard to the eldest daughter and the
second and third eldest son, but merely directed that the
younger sons should remain at school and spend their vaca-
tion with their uncle, the Earl of Harrowby, and that the
parents should be permitted to visit them at certain times.
The application was founded on affidavits to the effect that
it would be injurious to the welfare of the children if their
interviews with their father were not restricted.

Mr. Sergeant Pigott and Mr. M`Queen appeared for the
appellant. Sir F. Slade and Mr. Twiss appeared for the
respondent.

After Sergeant Pigott had concluded his argument for
the reading of the affidavits, in support of his application,
The Judge Ordinary said the opinion of the Court was
that affidavits ought not to be read to prove that part of
the case now before them, as such a course would be anti-
cipating the decision of a jury that must eventually try the
merits of this case. These affidavits are made subsequent
to the order made, and therefore they could not in the
slightest degree affect it.
Mr. M'Queen contended, that though the daughter was
over 20, and the other children who were not included in
the order were over 16 years of age, still, according to the
constitution in the Ecclesiastical Court. the Judge Ordinary
had jurisdiction over the children until they attained their
majority.

The case was proceeding when we went to press.

POLICE IN7ELLIGENCE—(TMs Day).

THIRD EDITION.

SUN OFFICE, Six o'clock.

The Madrid journals of the 14th have arrived.
The Epoca says that money is so abundant in Spain

that the Government had at first resolved on re-
ducing the interest allowed on sums lodged in the
Deposit Bank, but abst&ined from doing so in con-
sequence of the rise in the rate of discount which
has taken place in some of the principal money
markets of Europe. The semi-official Correspon-
clancia announces in a single line that the Govern-
ment had received a telegraphic despatch making
known the death of Count de Montemolin.