The Sun.
London, England, 1850-01-30 00:00:00

LAW INTELLIGENC

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ROLLS' COURT.—(THIS DA4-120;
tb
The
.MASTER of the RO, ater disposing 3
talons in his paper, proceededL tot hear the fartPVscut
merits in the part-heard case of " Thornber • '7,101.
which occupied the Court the remainder of th°

DAY'S
VICE-CIIANCERY.—(THIS )
(Before the Vick-CHANcELLon of EsoLAl49'coug,
His HONOUR heard cause petitions and 913'1 re Sli-
tc-day, but nothing of any interest came be °
Court.

(Before the Vice-Chancellor WIGRA3f')f ''Stiodrl
His HoNoun having disposedo of the cases - b etch
v. Burnham" and `° 111•Calmont v. Rankin," whic
in the paper for judgment, proceeded to hear caps
e

QUEJEN'S BEN CI-I_4IMS -I,`"
THE COUNT DE Tlloeleilt
THE QUEEN V. CRC:3II'I'ON AND L°lc°;..tgiped °
In this case Sir Frederick Thesiger had °'—rriela
rule, at the instance cf the Count do Thomar, the
Minister of Portugal, calling
upon the de fendalme'r, to
registered proprietors of the Morning Post newsPlll;3o; 1/6
show cause why a criminal information should t
etlll
filed against them for the publication cf a libel, n°l th°
imputing gross rualversation and iramorelitY th°
Count, end directly reflecting upon the honeurd been
Queen of Portugal, but it was imputed that be b.eb tat
guilty of light conduct towards her Majesty, '6"l
Yiejetty had discouraged.
The cern was appointed for argurner t teed*
an erc
Mr. ATHERTON appeared fer the delendaot4t ttie'e
duced two efECavits on neir behalf, setting t. 'rt of 11;
regret that the letter from the corresponden,it wad'
Morning l'ost at Li bon had been inserted• coesenh;
however, inserted without heir knowledge .„,errie
the managing editor, M. Michell, being in -r5:-ted. "ri
particular day when the alleged libel was insee' riPe;
therefore, ieadvertently found its way into tucta„G";
They deeply expressed their egret at the cireufi
and expressed their confident belief
allegations were altogether without the, dtb
foundation. Under these circumstances be Orpeoloislo
Count de Thomar would be satisfied with their ts'e'rras
and retractation. It was not fur him to dictate 'Ol,
his Learned Friend, neither could he oppose 111°,00
of the rule absolute ; but he trusted that, afteroa.
had stated, no ulterior proceedings would be to hick t'o,9
Sir FREDERICK TIIESIQEIt said, the object e„eeditle°o
Count de Thomar hal in instituting t'-eie Prv",stli
was to have an opportunity of denying up° -oetie';;
very serious charge brought against him in t6ecclstrit
Ile felt the influence of the public press of tits bad Feb
in his own land, and he challenged those 'o4l° Brit
forth the slanders against him to come into aßat 'lf
' court of justice and prove them if they could•
felt much less the charges that w ere personal to
coroli
—attributing to him ti e most mercentill 31:1"taiLe
motives—than those insinuations which were eot oreige.
in the libel reflecting upon the character of his s?arectfr°
He believed he might venture to say that the F'l, illas,;
domestic purity, and propriety of conduct of tnal:00 all
trious person, the Queen c f Portugal, was tar 'lvet%
reprc aeh. It was this feeling that brought the b`es was
Thomar into a British ecurt of justice. His (iiterOed
now accomplished; the challene which be had 00
out to his accusers had not been met, but I:oCeurt Tito
that the persona who were brought before El, . g
morally exculpated ale mselves f.om the guilt otoi°
libel. He, therefore bee ,
felt that it would not be tte elci;
in the Count de Thorrar to press this mateter, Woot,
trcmity upon these persone. Ile did el reek',
his complete vindication, and in seni" 0-
through the decision of this Cour', the h, eo
to te est,
the public mind of this couetry with respect
toe ra,ei
duct of which he complait el, that this r, opue.
rnea
be made absolute. In couclusior, the Lcae. thee Prcics
intimated Oat he should tvivise that no fir
act
order t° e
ceedings be adopted, and no doubt the Goan. wade ow
Le on his advice. The rule, however, must uu•
solute upon the payrner,t of costs.
Mr. ATHERTON :aid this course would
be Or,' odes
factory to his clients.
The rule was then made absolute.
The COURT TilnlEtimcaAt6eEd ct'll;a3tlnt.heilyAßLEuEl.d a:ie.rotieojr; ;e
days to the arguments in this ea ie during the
after term,

The RD • 0-
cr: A
cN. CA
NEcERL
LY.
R. ( TII I S .1::,.1:)1
HAWKINS V. JACKSON. 4fty 'll Oil
Tiloone_tionif the
gave j udgmen . ,„, jgo
erv,e, the arguments in which were concludeu '' peal
day-. The case came before his Lordship nl3°lll,:aPioV
, the
ed
thee decision
from
underpruce these circurnstancepsrii—nc'ilp'haellybililn7al;edfiliedncleirivil
executors of a gentleman who was entitled u .
to considerable prop,fty in Indio. Being in c°ll3b-amrrtl/siwa3eB
circumstances
shtiascdeseas'thh
en the condition
and being paid 1 teoooocf
tln.rbtaneeni entered into
arrrienl
hise toails.
:Jaefndttee irifegrshroteene,
in
t nnr n
hes ;till:
et:
hp_oifir icepugeiirtrticitecela;
Vice-Cuancellor . 13;00
ratnoenut,aoboooriemaollruedethdatno
he
ee
wasaeseintsiAianreedrotfh, aLhetrfeaz-ttit;
ehr4cle,
ot been communicated to him; and the questi°°' be re'
divedfore, art(iiisee
annuitywheth e r
could
agreementdbe h
of which he t ad
. no knowled.,o when the uc'reeln obtio'
mad,-,ce! lor
and
made. Oa the cane comingthe VW" be
g on before i • to
Knight Bruce ho directed certain . clu-ries Ille
in ipj, ~,,
Lord Chancellor, after • ' length 313 ' •
going at some len, an
(119
Case, reversed the decision ' bsloo9 '-
of tle Court '
missed the bill with cost,.
from

I 100
COWELL P. WATTS.
This case came b. fore his Lordship on aPP,,leivirt
the Vice-Chancellor Knight Bruce, under tbe,,l°i•endae:
circumstances:—ln the summer Of 1843, the land
and the plaintiff agreed to purchase a Piece dto
Brampton, known as B, acham's Ester,
enter upon a cc-operative building sPeecCaPitil'
The plaintiff, being a butcher and a rase 01 ;,„,1 the
was to find the money to erect the buildings, '0
tba
d, Laidant to superintend and generally to rearifi:oted
whole of the work. The lease of the land was el‘;viees
in the name of the defendant alone, and the Pert,le-18-13:
on upon this contract until the close not
In the early put of 1844, when the undertati the
i
looking so prosperous as it did in the first inet3,l/,;,:tiV
plaintiff ceased to take any part in the transeetl,-ber
was understood by the de fondant to have altote:be do
tired from the speculation. In the meantilo° frota
f endant t receiving the expected assistance pert'
the plaintiff, raised money by way ef aditig4
i,
gage, and proceeded to erect tho 000
? ,
and eventually built the range cf base g 00if
caPed Brompton-crescent, when the plaintiff, 0113,0100
a different aspect, appeared and claimed to a.,o,rator
a partner in the premises ; but the defendant cibere
torily refused his application, and the plaie,tiu„,‘ fit
upon filed this bill in the Vice-Chancellor's Yet'
a wasre tidtiustmioinsseodf Ibliys ihililergeudenrieguhrts
KnightLor Bruce, and the case now.thcerle'rnhVeinicbgci-liCls'thPii-ceejeaditl3l;::
e Chancellor on an appeal, his Lordship tell';
uten , confirming the decision of the Court bee W,
quite clear, he said, that the plaintiff witbdreresis!ea,_.
on his right to turn his into ‘-
speculation in 1844, or he would ha"
the speculation
defendant, although of
land, which the original agreement wh ~0010
a cattle p ~b t
f.iaace. enabled him to do. Tlfearatig.arleernilarteut7"vi'le-Iterie
leaving been terminated by the conduct of the plateßoe
ohimself,l the defendant refused to let his cattle glai fie;
and, and f:r eighteen months 3;01
that act the plaintiff took no notice, ,bea•
madeno movement in the matter. Finding tis 0
, that the speculation was likely to turilme°et",
prosperous one, he renewed his claim to be coesh%rtha'
[Railer; but it was quite preposterous to sUPP,°S-cottrt
he could be entitled to the interference of this on
after having allowed the defendant to
~gn; cse'
for so long a period building on his
,°,7g."-
coulit, and at his own expense, witu°—„ntier'
terfering with him in the remotest wne.o!
The original contr act was clearly that the (1"21-0-ieti°
sh6u'd provide the skill and industry, and the PriDdBr
the capital necessary for accomplishing, the -of the
taking; but from an early period in the WWI jolt
transaction the plaintiff hal altogether ceased been
„
upon himself as a partner, and had accordingly
thesel
required
circumstances to
he
hail n either moneye
interest in the property, and the appeal must, tb
be dismissed with costs. claim orinlabcgolluriket;folite4