The Sun.
London, England, 1850-04-16 00:00:00

ROLLS' COURT.-(THIS DAY.)

The Master of the Rolls sat to-day in his Court at
Westminster. Ills Lordthip was occupied the greater
part of the morning with petitions, none of which pos-
sesscd any features of interest except to the parties con-
cerned.

VICE-CHANCERY.-(THIS DAY.)
(Btf);e the VIOE-CIIANCELLOB. of ENGLAND.)

THE DUKE OF LEEDS V. EARL AMHERST AND OTHERS-

JUDGaENT.

The VICE. CHANCELLOR gave judgment to-day in this
case, which came before him shortly before the recess,
upon exceptions taken by the defendants, the executors
of the late Duke of Leeds, to the Master's report. The
bill was filed by the present Duke of Leeds against the
executors el the late, for the purpose of obtaining
an account from them a the waste committed
by the. late Duke in dismantling a great portion of
Kiveden Hall, one of the family mansions, and cutting
down a Fri at portion of the ornamental timber on the
estate. On the cause coming on for argument, a refer-
ence was made to the Master, to take an account a the
waste committed by the late Duke, and the Master by
his report found that a certain sum was due from the
estate of the late Duke in respect of the waste he had
committed. To this report the defendants took excep•
turns, and upon those exceptions his Honour now gave
judgment. After going at some length into the caste,
his Eonour ordered all the exceptions to be overruled,
thinking that the Master bad come to a right conclusion,
and that the estate of those who had committed an in-
jury ought to be saddled with the expense of that
injury. _ _ _

The Court then proceeded to hoar motions.
(Before the Vitae-Chaucellor KNIGLIT BRUCE.)

Causes of no general interest occupied his Honour the
ti hole morning.
(llefo:e the Vice. Chancellor Winn..tx.)
-NON PENNY V. D -JUDGMENT..

His HONOUR gave judgment at some length in this
cave, which involv, d a dry question of conveyancing, as
to which branch if the family of the nonyptany's cer-
tain property belonged. his Honour made a declara-
tion in favour of the branch of Thomas Monypenny'a
family, at the same time intimating that, in giving that
opinion, he felt great diffidence, and bad very little doubt
mat the case. would be ultimately carried to the House
of Lords.

The Court then preceded with the hearing o
motions.

INDERWICK V. ENELL.

Tho arguments in this pert-heard motion were re-
sumed. The case came before the Court yesterday
upon motion on behalf of two gentlemen who were di-
rectors, or late directors, of the London Conve) ante
Company, suing on their own behalf and for the other
shareholders for an injunction to restrain the six defend-
ants, who are the other directors, from doing, autho-
rising, or permitting any act as directors cf the London
Conveyance Company until the plaintiffs Inderwick and
Cowan, and tha defendant Johnson, should hale Leen
duly and lawfully removed from the office of directors,
except such acts as might be done in pursuance of orders
duly made by the board in conformity with the 33d
clause of the deed of settlement, and from preventing or
hindering the plaintiffs and Johnson acting as directors
of the company. It appeared by the affidavits, which
wero very voluminous, that disputes had atii ea amongst
the directors and mei:liters of the company, and com-
plaints were made of the conduct of the plaintiff Inder-
wick, who was the chairman of the board, and of the
other two directors, and that the defendants had caused
meetings to be held for removing them from the direc-
tion. A resolution was made to that effect, but as the
plaintiffs contended, not at a meeting duly constituted.
They also denied the existence of the alleged grounds of
complaint; and the object of the application was to pre-
vent thnecmpany from proceeding to exclude the plain-
tiffs and Johnson under the alleged illegal resolutions.
(The case was proceeding when our report left.)

QUEEN'S CINCH._(THIS DAY.)
(Bel ore the LORD CHIEF JUSTICE, an'l Justices PATTE

SON, WIGHTMAN, and ERLE

THE GOVERNOR AND COMPANY OF COPPER MINERS IN
ENGLAND V. FOR AND OTHERS.

Sir F. TrIEEIGER /SAW, iu this case, which was tried
before Mr. Justice Coleridge at the last sittings at
Guildhall, and in which a verdict was found for the
plaintiff for 5511. 25., he had to apply for a rule to show
cause why there should not be a new trial on the ground
of misdirection. He made the application upon a point
which was reserved at the trial with regard to the right
of the plaintiffs, who are a corporation, to sue on an
executory contract not under veal. The plain!ifis were
incorporated under a charter in the reign of William and
Mary and the charter recited that there were at that
time great quantities of copper ore found in divers parts
of this kingdom, which, for want of skilful artisans to
purify the same were totally neglected and unimproved,
and that certain persons bad found out several in-
ventions for melting and refining copper ore. The
plaintiffs were incorporated for the purpose of melting and
refining copper ore. The contract on which the action
was brought had reference to 2,000 tons of iron rails
sold to the defendant .by the plaintiffs. These iron
rails were stipulated to be delivered to the defendant on
the Ist of April, 1849, but, the plaintiffs failing in that,
the time of delivery was enlarged by consent until the
Ist of September following. The Learned Judge at the
trial was of opinion that that agreement was a substitu-
tion of the original one. He (Sir F. Thesiger) contended
that the contract on which the action was brought was
not one which was incident to the purposes for which
the plaintiffs were incorporated. Tbey were incorpo-
rated fer melting and refining copper ore, and this was
a contract for furnishing iron rails, which was clearly
not within the objects fur which the society was incor-
porated.
Lord CAMPBELL—Take a rule.

EXCHEQUER.—(THIS DAY.)
(Before the LORD CHIEF BARON, and Barons PAIIKE,
ROLFE, and PLATT.)
FOWLER V. DRAKE, PUBLIC OFFICER.

The ATTORNEY-GENERAL applied in this case, which
was tried before the Lord Chief Baron at the last sit-
tings after term in Middlesex, and in which a verdict was
found for the defendant, for a rule to show cause why
the verdict should not ;be set aside and a new trial had
on the ground that the verdict was against the evidence,
and also against his Lordship's summing up. The de-
fendant was clerk to the visiting magistrates of the
county of Devon, and the plaintiff was an architect, who
had brought the action in assumpsit to recover 5501., the
balance due to him for commission on the erection of a
lunatic asylum in that county. It appeared that in
1841 the magistrates issued an advertisement for
plans and sections of the proposed building, and
that the defendant sent in a design, which was
accepted. Ho estimated the cost of erecting, lighting,
warming and ventilating the asylum at about 40,0001.,
and it was agreed that he should receive a commission
of 5/. per cent. upon that outlay, which would amount to
2,000/. The magistrates were desirous that he should
mention a specific sum, but he objected to do so on the
ground that such a course would be against professional
etiquette, and the per tentage agreed upon was to in-
clude all travelling expenses and extra work. The
building was erected and the cost was 60,0001. The
works specified were within the estimate, but there were
certain extra works arising out of the estimate and upon
these the plaintiff did not charge any commission, but in
the course of the erection it occurred to the magistrates
that it would be more economical to erect gas works than
to lay down pipes fur a supply of gas from some distant
manufactory. These works wore accordingly erected,
and as they were not contemplated when he furnished
the estimate, it was contended that they could not come
under the category of" extras" or "contingencies," but
formed a distinct and separate building. A piece of
land at a distance from the asylum was purchased by
the magistrates, and on this also a well was sunk, and
tanks erected and conduits laid down, under the superin-
tendance of the plaintiff: The Jury, in giving their ver-
dict, had proceeded on the assumption that these erec-
tions were included in the extra work agreed to be done
under the plaintiff's specification, but ho (the Attor-
rep Geteral) contended that they were as distinct from
the original building as the erection of a lodge or a
boundary wall was distinct from a mansion.
The Court granted a rule nisi.
FANDLAY V. WALKER.

This action was tried at York, before Mr. Baron
Rolfe, when a verdict was found for the plaintiff.
Mr. WATSON moved for a rule to set aside the ver-
dict, and to enter a nonsuit or to enter a verdict for
the defendant. The plaintiff was a merchant at Hull,
and the action was brought against the defendant, who
is a shipowner residing at Sunderland, for the non-ful-
filoacnt of a el-arter-party, by which ho agreed to send
a vessel called the Cleaver, on a voyage to Dantzic and
Sweinemound, to take on board a cargo of wheat and
bring it to some sac port on the cast coast, between
Sunderland and Peterborough, both inclusive. The
vessel proceeded on its voy age, but was unable to obtain
a cargo of wheat from the places mentioned in the
charter-party, owing to the hostilities which were then
going on between the Danes and Germans. Subsequent
negotiations were entered into by the parties, and on the
nature of these some technical questions of law arose es
to the right of the plaintiff to recover, but they were
devoid of any general interest,

The Court grantel a rule.

COMMON PLEAS—(THIS DAY.)
(Before Lord Chief-Justice WILDE and Justices CREBS..
WELL, WILLIAMS, AND TALFOURD.) •
LLYCOCE. V. FINLEY.
In this case, which was an action for breach of pro.
mise of marriage, tried at York, before Mr. Baron Alder'
son, at the last assizes, with a verdict for the plaintiff
Mr. MARTIN moved for a rule to show case why
verdict should not be entered fur the defendant or a flevi
trial be granted. The application was grounded on the
alleged misdirection of the Learned Baron in the inter'
pretation of certain hitters which were produced by tee
defendant as evidence of a mutual dissolution of the
contract existing betwt en the pal ties. From these leit..ls
which were read by Mr. Mai tin, it appeared that niter
having been engaged to ttie Luyeod4r
some years, Ue defendant, not thinking his prosFec"
sufficiently promising, wrote to her on the 31st of
1847, expressing Ma wish that the connexion lib%
seemed likely to ensue in nothing but misery to /1`95..,
parties, should be broken ofl: To this, the plaintiff, 1
obedience to his ,Aith, s;gidited ler consent in a latter
of the 2d of June, to the defendant ; and also in am:4°l
of the same date, to defendant's mother. From this dill
no corresponi:enee took place between the parties U
within a year and a halt aftervi ards, when the defends°s
having married anothsr lady, an action for breach 4),
;
promise of marriage was brought against him ; the
verdict iu which trial it was now sought to set libido.
Rule granted.

MANSION-110 U SE—(THIS DAY.)
Walter Waits was again brought before Mr. ©'der'
man Gibbs upon the charge of stealing two cncquca for
1,4001. each, the property of the Globe Insurance COW
1 Silly.
Mr. Clzrkficon, with Mr. Freshfield appeared for the
prosecution, and Mr. Bodkin, instructed Dy Mr.Wollt.'
ner, f :r the defence.

Mr. Roan, from the Globe-office, produced tteIll'
pauy's Act of Parliament, being 47 George 111., cap. 3'
which authorises the company to prise .ute thrtugn the
treasurer.

Mr.Clarkson then said,l (3 considered the case complete
against the prisoter. Instead of having him commuted
to Newgato he would suggest a remand pro forma.
Mr. Bodkin acceded to the suggestion.
In reply to Mr. Alderman GIDI3S, the prisoner 9.1
—I wish to reserve my defence by the advice of
hands of
solicitor. lam content to leave the case in the hallow "
lily co uhsel.
The prisoner was fully committed for trial upon tba
t o charges.

BOW-STREET.—(THIS DAY.) a
A rough determined-looking Irishman, named Pest
ill‘Calchargedy, with a fierce looking woman, were charged
before Mr. Jardine under the following circumstances:re
A lady, 1 arced Jordan, stated that last evening 1",,0
was returniLg home from Westminster-road, whr re "h
had bean to see some friends, and on, passing thretin
liutsell-fquare, about nine o'clock, she encountered It,
two prisoners, who were both drunk. The servant ‘vt;
was with her glanced at them, and she stepped off 0:
rurement to allow them to pass, and witness did t 4,1.
sarne. The malt, prisoner then came rudely up to i
end said, " What do mean by staring at us like that
Take that, you b— b—," striking her a blow that felled,_d
her to the ground. Not content with that, be kicked
her in the lower part of the abdomen, which render.o
her insensible for some minutes; but in the meanwhi,gl
the servant had obtained the assistance of some passe;".
by, wed both the prisoners were given into custouis;
1a itness was then taken to the hospital, where she If no
examined by a ire,lical gentleman, and by his diree"'"
she was afterwards removed to her own residence.
Mr. JARDINE asked what share the female prisoner
had in the assault?—The witness replied, she eI9PV
her face.
of The servant having corrobcrated the statement ea -
mistress,
Mr. J4RDINE asked the prisoners if they had al::
thing to say in answer to the charge?—The main tea
sonar said, that when the lady passed them she remark
to her sereaht "the drunken creatures," which exlr-e;
rated his female companion, and they certainly din sic I
sent the affront, but neither of them kicked or BO
the lady. lc Si
The lady, who was too ill to stand, did not thin '
necessary to contradict this. ; otter;
Mr. JARDINE au( ed with her, and fined the pras- •
31,, or six weeks' imprisonment. of 1
The Hon. Captain B. Plunkett, c f Cambridge-terr of
Caindetetown, was charged with assaulting the P°
while in the execution of their duty.
foie°
A police-constable stated that he was on dutybe-, ow'
one and two o'clock this morning in St. Martin's.lA,,o.
when his attention was called to the prisoner IV I'fit,
beating a placarded boarding with his stick. lie viols
up to him to request him to desist, as the noise be ,44,
making would disturb the neighbourhood, but ihnlit!
soner heeded him not, and continued rapping awaf 7 i
his walking-s Lek. Witness, seeing that he wai 0 i
:I.i
,
it ated, tried gently to push him away, which seerneu
exasperate him so much that he struck witness iinto
bi Al
the snoulders with the stick, and then challenged j oto fight, oh: e:ving that he should like to give the P°4o
" a b— good hiding." Witness declined ' hie '3OO
whereupon the prisoner renewed his former amulet:um
but other constables came up at this moment, 006 te
some difficulty he was safely lodged in the flow•J''' i
station• house.
tad ir
Mr. JARDINE asked the constable if the blows •---
dieted any injury on him.
Witness replied that the blows hurt him very 04;
at the time they were inflicted. but the only dam
perceptible now was a few slight bruises.
The defendant did not deny the charge, but cowplht
that the constable had exaggerated the violence• ito
added that the officials on duty at the station refus 3:7,0
send for his bail, and the consequence was he had r '
locked up all night. 'd
Mr. Inspector Marsh said it was not the pract ir fee
send the police for bail, and when a messenger +AO
ceived for the defendant he refused to pay him. agli
The defendant thought his name and station evlit
to have been a sufficient guarantee that he Wo A)
remunerate the messenger when he return '-
the bail.
110
Mr. JARDINE said' no blame whatever attached 0 iii
police, sad as for' the complaint of the defendant
bad been locked up all night, he was liable to be I 4040
up for more than a month. However, since the de'.
ant had acknowledged that he was in the wroug'oo
should not adopt that course, but simply fine him ill
full penalty of 5/.
• all°
The fine was immediately paid, and .the Honour
Gentlemen liberated at once.

CbtrU Vatttel
NEWMARKET RACE).

(BY ELECTRIC TELEGRAPI')

Harding°

Riddlesworth Stakes. 1
••• •.• ••• ..• ••• ...• ,

Nutcracker ...
Nutcracker ...
Ghio ... ...
SR eepstakes.
Tiff ••• ••• ••• ••• 0.. j
Tomboy ... ••• ... ••• ••• ••• •.•
Sweepstakes of 10 sovs. each. 1
Bishop of Romford'B Cob ... ••• ••• ... 5
Jest ... ... ... ... ••• •.•
Sweepstakes. 1
The Nigger ... ... . $
Satire ... ••• ... ••• ••• ••• •.•
Won Easy.
Sweepstakes. 1
Clincher .. ••• ••• ..• j

Sweepstakes.
••• ••• ••• ••• •.• $

Compass : ...
•••

Won easy.
THE NEWMARKET HANDICAP. 1
Cheerful ... ... •••

Knight of Gwynne ...

Fourteen ran.

RAILWAY GUARDS' UNIVERSAL FRIENDLI.o. Stir
CIETY.—This society held their usual monthly meetial'os
night, when the honorary subscription list was increst, fe
the amount of 251, making the total sum 3201.
spected chairman of the Manchester, Sheffield, and 14,,`"-attl:
shire Railway Company (the Earl of Yarborough )„"—,,,.fi11"
buted ten guineas. Several gentlemen of Preston, tiu-1.-00
and Birmingham have also contributed. This 06111/
fln
example is a useful incitement to the judicious liberality' 50.
fluential men to a cause in which the travelling public 0,
much interested. The society altogether progresses
favourably.

______. - -- —--
BIRTHS.-1
--
ill
On the 10th inst., at the Parsonage, Ousby, the wife of
Rev. J. Bush, of a daughter. f If., 11,
On the 11th inst., at Turaham-green, the wife 0
Leigh, Esq , of a daughter. i GAY'
On the 13th inst., at Upper Clapton, Mrs. Edward
of a daughter. f.,.. ,the
On the 13th inst., in York-street, Portman-sqoll—
of a son. wife Of
On the 13th inst., inAlbion-street, Hyde-park, th° .10
the Rev. Archibald A. Cameron, perpetual curate of J..
Berks the
of a son. iv 0 f 5.
On l2th inst., at Errwood-hall, Buxton, the lA,'
Grimshawe, jun., Esq., of a son

AGIBBLED. tb,
On the 13th inst. at the parish church, Fayershen bi t .tye
Venerable the Archdeacon of Canterbury, assisted lori'
Rev. J. Stratton, Precentor of the Cathedral Canter lA'
William Westwood Chafy, Esq , only son of the late,; poo
Dr. Chafy. Master of Sidney Sussex College, bridle'
Chaplain in Ordinary to her Majesty, to Eleanor Con:ver
eld2st daughter of the Rev. Charles Collins, Vicar of .11544
sham, and granddaughter of the late Richard Gregg"'
Castle-park, Tipperary.

of
DIED.
On the 7th inst., aged 17, Henry Francis, eldest son
Lieutenant-Colonel Tyler, of Linstead-lodge, Kent. oil'
On the 9th inst., Mr. James Partridge, of Nymet row
Barton, Devon. vale.
On the I 1 th inst., at the Rectory, Llanfyllin, ,--
meryshire, the Rev. David Hughes, aged 66. Rate CSP.
On the 11th inst., Richard B. F. Passley, Esq.,
tail' in the 2d Regiment. • g the
On the 182 th inst., in Curzon-street, Mayfair, Latir-bre.
wife of Lieutmaut-Colonel James It. Cranford, of the
nadier Guards.

-- --- i
,a,
London: Printed and Published by MUEDO YO14,11.I1!,I
No. 112, Strand, Printer, at The Sum Office, 4 • matt, w
',Arend, in the Precinct of the Savoy, in the CO
M ddleeox, Tuesday, April 16, 1850.

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