The Sun.
London, England, 1829-11-21 00:00:00

SHIPPING /NTELLIGIINCIL4TIIIS

FROM LLOYD'S.
DEAL, Nov. 20.—A thick fog has prevailed'
•
day, with a light breeze at N.W. Arrived the Pr
mona, Wright, from Guernsey.
LIVERPOOL, Nov. 19.—Arrived the Jahn osl'
from New York.
WHITEHAVEN, Nov. 19.—Arrived the Quebec
packer, Carn, from Hamburg.
HULL, Nov. 19.—Arrived the William, Rube;
i
son, Ellergill, Corbett, and Amazon, Broderl.;
from St. Petersburgh ; also passed the Mary, Ll'

from New York. -
PLYMOUTH, Nov. 19.—Wind E.—Arrived the
Anacreon, Newton, from Archangel; and
Ragless, from Memel.
FALMOUTH, NOV. 19.—Wind S.E. to
rived the Cromare, —, from Sumatra • E'f,
nezer, —, from Gibraltar. Sailed the M"'
Jeckling, for Hamburg.
CLYDE, Nov. 18.—Arrived the Gleaner, Ilerri'
son, from Newfoundland.
DARTMOUTH, NOV. 20.—Off port the Alice, Wl'
ditch, from Singapore.
CORK, Nov. 18.—Arrived the Eagle, naitl,"
from the Cape of Good Hope; and Napuim, An
son, from Quebec.
•

- ,
The Providence, Miller, from Newcastle, wal°P
shore on Carlon Sand yesterday, but expected to
got off.

LAW INTELLIGENCE.-(THIS DAY•,

COURT OF CHANCERY.

ATTORNEY...GENERAL V. WILSON.
The LORD CHANCELLOR on taking his seat gave id!:
ment in this matter. This was (said his Lordship) an
formation filed by his Majesty's Attorney-General, ill
respect to certain property situated in the manor 01,
parish of Hampstead. It appears from the informatlai;
answer, and facts disclosed, about which I believe thereof
no dispute, that in the year 1668, Mr. Gains, the 100,.
the manor of Hampstead, granted six acres of the hes;
the property in question, to certain persons named i 6 till
grant, fourteen in number, they paying a nominal sunrior
55., subject to the usual services and customs, the g_ithe
tees plying a fine which is mentioned in the margin mot
copy of the Court Roll; but it appears to be so oblittra4o
that it is impossible with any certainty to collect whttotti
the amount of that fine. On the same day, the
of December, 1668, a deed was executed deglaj;t
the trusts of the grant ; they are for the benefit of 'helot
of the parish of Hampstead. In 1710, not very
after the grant was made, an information was filed bier
Attorney-General with reference to the property, onti4
taro suits were also depending in this Court reseAl,
questions arising out of and connected with this prop"
In 1729 a decree was pronounced by the Lord bat
upon the information and in those suits. By that
aidbe
it was declared that the trusts of the charity gin .00
established, and that the grantees should from time to
nod
be kept up in point of number. At no very distant Pee
afterwards the trustees were appointed ; they Werader
pointed with the approbation of the Master, the autre-thit
was made, they were admitted, and they paid the 6o 1.
fine being agreed upon between the lord and the pero°,4l'"
mated. This decree has been acted upon at tioncLeet,
periods from time to time down to the present I:0 'e
Accordingly there have been several appointment', bee
renders, admittance., and fines. All the fines have to•
agreed upon between the lord of the manor and tb,b Ate
tees. The object of the present information, 0.11,1c6,
filed in 1826, was to reform this decree. In I`,.v 6)1
trustees were reduced to two, and it became fens
there there should he a new appointment. Sir Thoroaa, et 00
being then and now the lord of the manor, 01116%0
the readmission of the new trustees a fine excel,-oeed'
amount the sum of 5,0001., which I believe to be e' beeo
ing in a tenfold proportion any fine that has evrtbdr
paid on any former such occasion. The object °I el de
formation was to reform such decree by having it 1400
dared that nofine should be paid, or ifany, that it shoo
%co
be a nominal one—at any rate that it should noi fbr
one year's value. The information prayed forth!ildid
Sir Thomas Wilson might be restrained from Prf-pre
at law to recover the fine claimed, and from takultoe.
ceeilings for a forfeiture in consequence of the nooreil
construction of the documents mentioned
of the fine. There was a great deal of arglitnentnerfei
the arguments, and as to the fines that had beenein
former occasions. When the demurrer was AL, des
pressed my opinion clearly upon the nature of t7,--d as
as far as related to the fines. There is no gr°g-t!.. fro
appears to me, for considering that the fine is to be b,
io the eaa.a
time to time a nominal sum. There is nothing
that this property is differently situated from stni.,°;oo
the manor of Hampstead. It is clear that the Urn 6011
the copyhold, but in doing that be did not part Wl.
interest he is to have from time to time in it, 0
fines are concerned, according to the custom of the 017,J
The opinion I should have formed on the facts sotro
with the decree that was pronounced in 1729, whroo,
traasaetion was perfectly recent. The Court &did
then entertain a single doubt upon the subject, thon(o
the concluding part of the decree it is stated toito
fine is to be according to the custom of the nasnor;o
that the fine shall be a reasonable fine according
custom. It is quite evident therefore that the 6neod
he estimated according to the custom of the 013_0"
Under these circumstances I am of opinion that thei,pe
ought not to restrain Sit T. Wilson from preatf,
law, which is the proper tribunal, for the purpose moo
taming what ought to be the amount of his fine.
consequently dissolve the injunction which has been ge
its
as far as it goes to that restraint ; but I shall coutiolisoiol
it goes to prohibit him from taking out executionB,eo
the trustees, should he obtain a verdict, or pr to
for a forfeiture, without first coming back 10°
Court. It was said, that as Sir 'l'. e
had come in under the decree of this Court, tbo,
would not refer the matter to a Court of Law a,:e9; bb
send it to the Master to construe the decree of 1'0,A":,
I conceive such an argument to be altogether nor 9
When I say that the fine claimed is so muchgred Oat,
has ever yet been paid, do not let me be untleo.t;, is Po
mean to say it is too much, or what Sir T. '/.
entitled to. The property produces about 1,16 ° the
and certainly 5,0001. goes a good way tow
ydF
simple of the estate. tbo
Mr. HORNE observed, that the fact viaa'
stead had become quite a Garden of Eden.
9 I
WELLESLEY V. BEAUFORT. iv
Mr. Homer. appeared on behalf of rigs „fed w„ t 1
move that the injunction which had been gr!" do." 1/
him restraining him from felling and cuttifstbat it‘n,
timber on the Wanstead estate, on the groundu.,„ arga„j
ornamental timber should be discharged. P
was, that the timber had become no longer collo,.
consequence of the destruction of Wanstead-ht
t 1 or
The Loan CHANCEL) OR was happy to ob'' "e
difficultiee he believed in this case had noW
Mr. HORNE was much gratified to hear thin, a t 00
that his Lordship would be found to be "glee t
point. hat beg
The Loan CHANCELLOR believed front
heard that it was so. Mr. Wellesley bad exPr"-0100
self satisfied with the appointment that had ben
guardians for his children.
Mr. HORNE then proceeded with his motion.
been!
J.Ol

VICE-CHANCELLOR'S COURT'
cox v. LEGG. ith to
The Court was occupied the whole mornin
ti g vl 0
ments in this case, which involved a quesot, t
modus existing in the reign_af Richard the First.
toot
The COURT directed an issue to try the ques
nothing of public interest transpired.

COURT OF COMMON PLEAS' t
KATE AND OTHERS V. SHAW*
en get
In this case which was an action that turn .0§1;11
point of a commission issued some years since 11g11001;#
Sherwin, late a bookseller, in Paternaost er- r"° ob
or not it was a valid commission,
rule odi
on a former day for a new trial.
Mr. Serjeant TADDY this morning showed Cat°
the rule.
n e tirt
The CUR tought as there was othr
trial O T
, which involved exactly the s aame Pto
now gave an opinion it might prejudice
they therefore ordered the rule to be suspendeu.

COURT OF KING'S BEN roPo,
LI FLETCEIL AND THE LONDON DOCK C°l4yediajt
In this case Mr. ATTORNEY-GENEB,AL in° peSilv-.10
to show cause to set aside an award. lt,.„$(111 gitit
Mr. Fletcher was in possession of certsior.,o
dock, which it was thought by the Lo 0047 Ad;ry
pany, previously to their obtaining their :4 peef7f,
liament, would be advantageous and 10d. roPeo bi
them to purchase, in order to improve their peirl
award was proposed and an arbitrator a" Tilopefq
party, the arbitrators chusing an umpi;oo
mad* au award, assessing the value 0'