The Sun.
London, England, 1844-11-13 00:00:00

THIS DA Y'S NEWS

CHANCERY.--(THIS DAY.)
The Lord Chancellor sat to-day shortly after ten
o'clock.

lIRUNTON V. NEELD.-JUDGMENT.

The Lone CHANCELLOR gave judgment to-day in this
case, which was argued before the Court some time since
upon motion to discharge an order of the Vice-Chancel-
lor of England, refusing to dissolve an injunction he had
previously granted. The facts of the case appeared,
from his Lordship's statement, to be as follows :—The
plaintiff purchased, at a sale by auction, land put up for
sale by the defendant Neeld. He paid the deposit, signed
the usual agreement, which was also signed by the soli •
citor of the defendant Neeld, and the plaintiff was put
into possession of the property. A draft of the convey-
ance was drawn up, bat no conveyance was executed.
In the month of March, 1839, one of the defendants, a
person named Remnant, advanced money to the defendant
Neeld upon his property on mortgage ; on that mortgage
being foreclosed, Remnant entered into possession of all the
landed property of Neeld, with the exception of that
purchased, but not paid for, by the plaintiff. On the
plaintiff refusing to give up the possession of the land
he had purchased, an action of ejectment was brought
against him, and a verdict was returned for the plaintiff
in the action. In consequence of this the present bill
was filed, and an injunction obtained, restraining all
further proceedings at law. An application was made
to the Vice-Chancellor of England to dissolve that in-
junction, which he refused to do, and from that judg-
ment the parties appealed to this branch of the Court.
His Lordship new gave judgment on the appeal motion.
He considered that there was no sufficient ground
shown for the application. It had been said
on the part of the defendant, that if the injunc-
tion was continuA it ought to be upon the terms
that the plaintiff should pay the costs of the action of
ejectment, and also his purchase-money, into Court.
His Lordship thought there was no ground for bringing
the action, and therefore that it was beside the question
to order the plaintiff to pay the costs. On the whole,
his Lordship was of opinion that the motion to dis-
charge the Vice-Chancellor'S order ought to be dis-
missed with costs, and ordered accordingly.—Appeal
motion dismissed.

The Court then proceeded with appeals.
PARSONS V. BIGNOLD.

The arguments in this appeal were concluded, and
His LORDSHIP postponed giving judgment.
His Lordship was occupied the remainder of the morn-
ng with appeals of little interest except to the parties
concerned.

VICE-CHANCERY.-(THIS DAY.)
The VICE-CHANCELLOR Of ENGLAND was occupied
the whole day with the hearing of pleas, demurrers, and
further directions, none of which possessed any feature
of public interest.
(Before Sir J. WIGRAM.)
JOHNSON V. CHILD.—JUDGMENT.

His HONOUR gave judgment in this case this morning;
the questions to be decided were, whether certain charges
payable out of the testator's property were chargeable
upon various specific legacies left by the said testator,
and how a mortgage upon a part of the property was to
be dealt with. His honour now directed that the mort-
gage should be apportioned between the leasehold, in-
cluding a property called Belvedere-wharf, and the
pecuniary legacies, and the charge on the Taragon pro-
perty should be paid out of the general estate prior to
the legacy accruing.

TIIE ATTORNEY•GENERAL V. FLINT.

His HONOUR then resumed the hearing of the argu-
ments in this case, which occupied the whole of the
sitting of the Court yesterday.

(Befiire Sir J. K. BRUCE.)
His Honour sat for a short time this morning in
Bankruptcy, as Chief Judge of the Court of Review, but
the greater number of bankrupt petitions on the paper
were ordered to stand over, the parties not being pre-
pared. Tho cases in equity were then taken.

WRIGIIT V. TALLIS.

This case, which has been already postponed, was on
the paper this day for hearing. It is an application, on
the part of the plaintiff, for a special injunction to re
strain the defendant from continuing the sale of certain
works, which are translations from the writings of the
German author, Sturm ; the said sale, the plaintiff
alleging to be an infringement of his copyright. When
called on to-day it was again postponed till next week.

QUEEN'S BENCH-(THIS DAY.)
(Sittings in Banco.)

THE GREAT WESTERN RAILWAY COMPANY V. THE
MAGISTRATES OF BERKSHIRE.

This was an appeal, by the Great Western Railway
Company, against an order of sessions confirming the
assessment to the poor-rate, in the parish of Tilehurst,
through which a part of the Great Western Railway
runs, on the ground that the railway was rated at too
high a sum. It was contended, on the part of the Com-
pany, that before the amount was fixed on which their
rating was to be assessed, there were various deductions
to be made. Among the deductions claimed was the
income-tax paid by the Company. The Company also
claimed deductions on account of losses incurred by the
renting of branch lines, and on account of their
liability to rates in other parishes, in conse-
quence of the recent decisions of this Court, but
the exact amount of which had not been ascertained.
They also contended that the rate should be assessed
upon the profits only, calculated at five percent. upon the
gross receipts, and that a deduction should be made for a
renovation fund. It was replied, on the part of the re-
spondents, that before making the assessment every de-
duction had been made to which the appellants were en-
titled. With regard to the property-tax there was no
reason why any deduction should be made on that ac-
count. There could be no right to claim any deduction
on account of losses on the branch lines. All that the
respondents had to do was with that portion of the pro-
perty of the appellants which was situated in the parish
of Tilehurst, and it was no matter to them what losses
might accrue twenty miles away from their parish. The
same argument applied to their claim for deduction
on account of their supposed liability to rates
in other parishes ; besides, those rates had not
yet been assessed, and this being a rate from
year to year, assessed as a yearly tenantcy, they had no
right to make a claim for a deduction out of the present
rate on the score of liability to payments which had not
yet been made. In regard to the argument that the
rate was to be assessed on the profits, it was contended
by the respondents that the rate was to be assessed on
the gross •alue of the plant, and in support of this argu-
ment the decisions of the. Court in the cases of the
Grand Junction Railway Company, the South-Western
Railway Company, and the Cambridge Gas Company,
were relied on. With regard to the deduction claimed
on account of the renovation fund, it was contended, that
as the assessment was upon a yearly tenantcy, the only
deduction that could be allowed was for the sum actually
expended during the course of the year in the repair of
that portion of the road passing through the parish.
Mr. M. D. Hill and Mr. Sergeant Kinglake appeared
for the appellants, and Mr. Whately and Mr. Terrett
for the respondents.
(The case was proceeding when we went to press.)

T 1 AIL COURT.—(THIS DAY.)
• 11..ec0 before Mr. Justice PITTE9ON.)
(Sittings in
gxeAtt.- u4RWIER.
Mr. MELLOR moved for a writ of certiorari to bring
up the inquisition held on tlig body of George Gardner,
and also the depositions taken at the imitiost, It appeared
that Gardner had been indicted for abducting a young
lady from a boarding-school, but an arrangement had
been come to. The defendant pleaded guilty, but was
discharged on his own recognizances, and was not to be
brought up for judgment, Gardner then went to Ca-
nada, but subsequently returned to this country, and was
articled to a farmer named I'age, for the purpose of
learning the business of a farmer. He then renewed his
acquaintance with the young lady. After his return
from Canada he went to the house of the young
lady, having got in through the window in
the course of the night. The next morning he had
some coffee given him by the young lady. lie was vi-
sited by the mother and daughter, the father being igno-
rant of the circumstance. After breakfast the daughter
stated that she perceived a peculiar smell in the room,
but did not know what it. was. However, on a bottle
being produced at the inquest, she stated that the smell
was something like that. After he had taken the con-
tents of that bottle, which had contained laudanum, he
asked for a razor and shaved himself. He then became ill,
and died in the course of the day. A verdict of felo de se was
returned upon the coroner's inquest. The object of the
present application was to bring up that inquisition and
examination, with the ulterior view that in case the in-
quisition should be set aside, he (the Learned Counsel)
might object to any public inquisition being taken. The
form of the inquisition raised as many objections as there
were lines in it. It stated that he administered a quan-
tity of laudanum, but if did not state that that was a
poison ; that he drank the same, and became distempered
in body. It did not allege any place where he died, nor
state when he died. It alleged that he died on the 2d of
October instant, but the word " instant" was meaning-
less in this inquisition, because the question was whe-
ther the party had died within a year ; and it stated that
he did kill and murder himself, but it did not declare in
what manner.—Rule granted.