The Sun.
London, England, 1845-12-20 00:00:00

FOSTER V. SMITH.

The LORD CHANCELLOR also gave judgment in this case,
dismissing the bill without costs; but, in consequence of some
question being raised with respect to the costs, his Lordship
said he would hear the arguments upon that point on Mon-
day morning.

OLDFIELD . COBBETT. -
The LORD CHANCELLOR alsV
o. gave judgment in this case,
refusing the motion without costs.

HEIGIITON V. GRAXT.
His LORDSHIP also gave judgment in this case, which came
before him upon an appeal from the judgment t* the Master
of the Rolls. His Lordship affirmed the judgment of the
Court below.

BOOTH V. LIGHTFOOT.
In this case his LORDSHIP gave judgment, also affirming
he decree, and dismissing the appeal with costs.
stua., V. NASII.
_

The LORD CHANCELLOR gave judgment likewise in this
case. It came before his Lordship upon appeal from the
judgment of the Master of the Rolls, deciding against an ob-
jection that had been made to the suit fur want of parties.
It appeared that the plaintiffs were corn factors, and
that, in the year 1840, they entered into a specu-
lation with the defendant Nash, and two other
persons, named Carpenter and Shepherd, to purchase
wheat by that speculation. Eighteen thousand pounds was
lost by the plaintiffs, and they instituted a suit for the pur-
pose of recovering from the representatives of Nash that
sum. The defendants, the representatives of Nash, asserted
that the suit was defective, inasmuch as Carpenter and Shep-
herd were not made parties, but the Master of the Rolls de-
cided against that objection, and from that d •cision the de-
fer.dants appealed. His Lordship was clearly of opinion that
the objection ought to have been allowed, and ordered the
decree to be discharged and the suit to be amended.

CHANCERY.—(THIS DAY.)
The Lord Chancellor sat for the first time to day since his
attack of in Lincoln's len Hall. The cause of his
Lordship's sitting was to enable him to give judgment in
several cases that had been heard before him on appeal pre-
vier, to his resigning the Great Seal. Long before the hour
ape otgtl for his Lordship to take his seat, one, o'clock,
crowas of persons had assembled in the old hall of Lincoln's
inn, end upon his Lordship taking his seat, the inner and
outer bar were crowded to excess.
His LORDSHIP, who appeared considerably improved in
health, and to have regained his usual cheerfulness, upon
taking his seat, stated that a short time since he had given
several of his judgments to the registrar in writing; but that,
in order that those judgments might be deliverer in the pre-
sence of counsel, in case any questions should arise, he would
give them over again.
Just previous to his Lordship's commencing to give his
judgments, a Treasury snessenger brought an official box,
which was banded to his Lordship, containing a letter, which
he read. It was rumoured that the letter conveyed informa-
tion to his Lordship that Sir Robert Peel had been again sent
for he her Majesty. After perusing the letter, his Lordship
directed the registrar to call the judgments in the order in
which they stood on the paper :
MANN V. RICKETTS.
The Loan CHANCELLOR then gave judgment in this case,
which was heard, shortly before his Lordship's illness, upon
motion to discharge an order made by the Master of the Rolls.
His Lordship was clearly of opinion that the decision of the
Court below was correct, and ordered the appealed to be dis-
missed with costs.
COOMBE V. TH E MAYOR AND CORPORATION OF LONDON.
The Loon CHANCELLOR then proceeded to give judgment
in this case, which was argued before him some considerable
time since, upon an appeal from the decision of the Vice-
Chancellor Knight Bruce. His Lordship said the case came
before me after motion to discharge an order of the Vice.
Chancellor Knight Bruce, for the production of documents
mentioned or referred to on the answer of the. defend-
ants. It is not necessary to state the facts in detail
as they are fully set forth in the report of the proceedings
before the Vice-Chancellor. The Corporation of London
claim to be entitled by prescription to measure all corn,
grain, &c., brought by the River Thames, and landed at any
point between Staines-bridge and Yanfleet, and to receive
certain ancient fees in respect of the performance of that
duty. The plaintiff had landed certain quantities of malt
at their wharf in Westminster, and the Corporation filed a
bill against them for an account of the malt so landed, claim-
ing the accustomed fees. The plaintiffs filed a cross bill
for a discovery, denying the right of the Corporation, con-
tending that if the right existed it was to a much more
limited extent than as claimed by them; that it was compa-
ratively of modern origin ; that the fees had been from time
time time varied, and that there was no ground for the
prescription claimed. The defendants having put in their
answer, the plaintiff moved for the production of the docu-
ments mentioned or referred to in such answer. When the mo-
tion came on for argument the defendantsconsented tolthe pro-
duction of such of the documents as had been Froaluced under an
order of the Chief Baron, Lord Abinger. Secondly; to the
rnetag-, accounts kept by the meters, who were the ser-
vants of the Corporation.- Thirdly, to certain books and re-
pertories enumerated in the first schedule to the answer. And
lastly, to the charter of the 6th of James 1., and the subse-
quent charter of Charles. With respect to the case and opinions
it is unnecessary for me to express any opinion; they were
considered by the Vice• Chancellor to be protected, and the
defendants do not of course complain of that part of the judg-
ment. The first question for consideration relates to the
books of account kept by the corn-meters. The plaintiffs in-
sies in their bill, among other things, that the rates of charge
have varied, and that they will appear after inspection of
their books. The statement in the bill is, that the defendants
have in their possession, custody, or power, divers accounts or
books of account, in which entries have been made of all corn
&c.. measured by the corn-meters during along period ofycars,
toes Cher with (among other things) the fees and wages .re-
cei-. .1 tin- such measuring, and that if such books of account
seer, produced, it would' thereby appear that among other
this es the rate of fee., and wages, and rewards claimed
anti received on account of the metage aforesaid, and
the hour incidental thereto, have from time to time varied.
Thy bill, therefore, charges the possession of these documents,
and !hat they relate to the matters in dispute in this suit—'
nenteiy, among other things, . the metage, and the fees and I
wag paid in respect of it :if they exhibit a variance in the
any ;sit of the rates paid at different periods, it is obvious
that such evidence would be material for the plaintiff
at hearing of the cause. The defendants, the '
corn-meters, in their answer, admit the possession of
these books of accounts, and say—not positively—
to best of their information and belief—that
it will not appear from them that the fees and rates of charge
have varied, and they further state that these accounts or
books of account, contain material evidence for the Corpora-
tion, and that they are intended to be used in support of
their claim,.but the material question is, -whether they do not
also contain, by .the alleged variance of charges, evidence for
the plaintiff. This is denied only according to the
informatiop and belief of the defendants. In Ban-
nestyne r. Leader, 10th Simons, the Vice-Chan-
cellor of England considered, and I think properly,
that it was not sufficient in a UPC of this kind to
swear merely to the defendant's belief. It further appears
from the answer that the examination of the documents of
the defendant, the corn-meters, had been imperfect, for in
another part they set out the names of certain places where
the measurement had taken place out of the City of London,
being, as they state, all that they had met with, but they
add that the accounts are numerous, and that
there may be many others besides those they have
mentioned. The number of the documents is not a sufficient
excuse for an imperfect examination of them, as the court
would, upon a proper application, allow the necessary time
to prepare a sufficient and satisfactory answer. The same THE ARMY.
objections apply to the answer of the corporation. With ALTERATIONS IN DRESS AND EQUIPMENT
respect to the town-clerk, it does not always very distinctly OF THE ARMY.
appear when he is meant to be included under the descrip- • MEMORANDUM, I
tion of these defendants, but if he denies at all • Horse Guards, Dec. 11, 1845.
that the accounts will show that the payments have
varied, he states that only according to information Her Majesty having been pleased to approve of the
and beliet, and there is sufficient also in his answer to show following alteration in the dress and equipment of the
that if he has examined the accounts the examination has army, with a view to the health and comfort of the
been partial and imperfect. lam of opinion, therefore, that troops, the necessary patterns have been sealed and de-
these accounts MOH be produced- The next question relates posited at the Office of Military Boards, fur the regula-
to. the books and repertories mentioned in the first schedule, tion of future supplies: viz.:—
The
defendants, the Corporation, and their town-clerk, say 1. A more pliant and -elastic description of leather
in their answer that, save as therein mentioned, they deny stock is to be worn throughout the army, which it is
that :they have in their possession any book or books re-
latingascertained to the. matters in the bill mentioned, except that
there are in the.custody stiff one hitherto in tp,e.
or power of the defendants certain.
written books or 2. Thick cotton shirts are to be substituted for linen in
repertories, set forth in the first schedule,
which contain entries of divers matters and things which the all climates, by which a considerable saving of expense
defendants believe form material evidence as to the exclusive will be effected.
right of metage, and which they intend to uee in support of 3. It is' intended that white linen or duck trousers, the
their right. And, in a - subsequent passage, they ex- use of which has already been discontinued in the cavalry,
pressle admit that the books and repertories, men- should no longer be worn by the infantry within the
toned in the first schedule, Contain
copies and ab- United Ktngdom, or in the North American provinces,
stracts, or extracts, from documents relating to the
measuring of corn and grain by the meters; and they admit or on other cold or variable stations, but that trousers of
s, but they deny a light worsted mixture, of the same texture and unlit
the pessessim of such books and repertoric
as those in use Highland regiments, be submittedq fory
that the plaintiffs have any interest in them; and further
they deny, to the best of their knowledge, information, and
by
summer wear, continuing the use of linen or cotton in
belief, that if they were produced, it would appear the Mediterranean, the East and West Indies, and in all
them that the right had commenced within the time tropical or hot climates.
of legal memory, or that they contain, or would fur- It has been ascertained that the cost of trousers of
nish evidence on behalf of the plaintiffs
boenlietvhee
dratn • this description need not exceed 65., and as only one
true-, they say behalf a
advised an(
paiLastti:,tiamnewill be required, this alteration will also
be in favour of the soldier.
they contain entries which they are advised and
.believe
are most material evidence in support of the right of
pioneers has improved and more convenient mode of
ruete.ge, end which they intend to make use of in support of slinging
and
the tools and implements cf
their exclusive right against the plaintiffs. There is in
manner carryingineretts3eeetneesetbabarligseheda,gawinhsitchcowliolnl
colonels
st
fin
reagniy.
these passages a sufficient admission that the books and re-
pertories set forth in the first schedule relate to
meats.
ScPcks and shirts of the newly approved description
the matter mentioned in the bill. The only question, there-
are to be gradually introduced as in wear
Pore, ie whether any sufficient reason is assigned why they
become unserviceable, and regimentst
bhoilld not be produced The defendants deny that the plain-
tiffs have any interest in them, and further they deny, to the having these arti-
best of their belief, knowledge, and information, that, if pro- cies of necessaries of the old pattern in store, under the
with they would show that the right had commenced provisions of her Majesty's warrant of the 4th May,
them to the
in time of legal memory, and that they would furnish 1844, will beer
at
liberty to issue evidence on behalf of the plaintiffs. The plaintiffs do not non commissioned officers and
. but,unintil the
accomplished
claim the right to the .production of the documents whole shall have been. expended men
'Ol the grotlad of his having any interest • them ip the
..:ommon acceptation of that word, but as con- to preserve uniformity, it will be necessary that the
taintrigavelmc. .
t4en:. favour itt support the allegations whole of each regiment commence the *ear of wonted
Contained in-flif ('tills diiied. by theedekna trousers at the same time, atld this will be accom
as early in the cburs• of the ensuing Raton if they can

JONES V. HOWELL.
His LORDSHIP also gave judgment in this case, affirming
;he judgment below with costs.

BLUNDELL V. GLADSTONE.

His LORDSHIP also gavejurigmentiOTT; case, which came
before him upon an appeal from the decision of the Vice-
Chancellor of England, dismissing the petition of Lord
Camnys and a lady named Temple, praying to be
admitted into the possession of certain property belonging
to the testator in the •cause called Molyneaux and Horton.
His Lordship was of opinion that the Vice-
Chancellor had acted wrong in dismissing the
petition, and ordered it to be referred to the Master to inquire
whether the estates of Molyneaux and Horton] were be-
queathed by the testator, subject to any and what trust, the
Master to state special circumstances