The Sun.
London, England, 1845-11-04 00:00:00

ROLLS: Ca ?URT--(THIS

LORD 11P.LSON v. BRIDPORT.
The original question involved in this case re.t
4- • 0
Dukeuom of and is a matter t nal* of SiciWthel
His Lot:Dann- gave judgment on the exceptions bi
fen. ant to the Master's report as to the heating of,,evo
0'
in the cause. The exceptions were seven in numb'
which were overt uled - by his Lordship, one 0111
allowed.

His Lordship was occupieti during the remaindemit!
day in the hearing of unopposed petitions, which Yfr"
devoid of public interest.

VICE-CHANCERY..—(THIS Di°
(Before the VICE-CHANCELLOR of ENaLsioi
• His Honour took cause petitions and motions to-de7
IN THE MATTER OF THE bOUTII DEVON RAILWAY C°
This case came before the Court upon the petitio!fo
mortgagor and mortgagees of a mortgage on certaini id
quired by the railway, praying that a sum of 600/. P 4.
Court by the Railway Company might be paid to Woo
gagees in satisfaction of their mortgage.:Although the,"
was not sufficient for the redemption of the Inortgw
mortgagees had consented to take it.
His HONOUR made the order as prayed.
S
IN THE MATTER OF THE BLACKBURN RAILWAY CO h
This petition prayed that the sum of 20,0001., olilcic
been paid by the Company into the Bank of Englen'io
name of the Accountant-General of the Court, in ofn
with the Standing Orders of the House of Parliament,
be paid out, the Company having obtained their Ac"
The COURT made the order.
IN THE MATTER OF THE BLACKWALL AND EPPING
COMPANY.
This case also came before the Court up eb
on a sigu'3l i;
tion, with respect to the sum of 18,750/. The Act ie '
had also been obtained, and
His HONOUR ordered the amount to be paid out ofoi,
agreeably to the prayer of the petition.
The Court having disposed of all the unopposed Pefj:
on the paper, proceeded to hear the further argument..
part-heard case of •
HUBERT V. BARES.
This case came before his Honour upon motion for°
unction to restrain the defendant from infringing $,,0,
obtained lsy the plaintiff for making an article called
-
tips," tips," for umbrellas. The plaintiff and defendant are
manufacturers at Birmingham, and the arguments e
the Court the whole morning. We gave an outline id
facts of the case upon a similar application being nude.
Honour during the long vacation.

A
n
QUEEN'S BENCH.—(THIS 1,"lf
(Sittings in Banco.)
Their Lordships sat this morning sin rtly after tell,°oo7
and proceeded to dispose of the cases on the new trial r
WILBERLEY V. HUNT.
In this case counsel moved for a new trial, on the ftta!
of the exclusion of evidence, and that the verdict Iva.% isfi
accordance with the evidence elicited. The case vi",
ft the Lord Chief Justice in the after sitting for the 04'
of Middlesex, and a verdict had for the defendant: of
question raised was, whether goods that had been
the sheriff of Middlesex were the property of plaint' of
was a:1 assignee under a bill of sale. Plaint:A' raised e,e,,,/
7501. upon the security of some reversionary proPer",;o9
advanced it to a person, named Hossrnan, from h
plaintiff' received as security a bill of sale upon his fti,lig;
Hussman having been unsuccessful in the undertP
which he got the 7501., execution was issued on the of
sale ; but his other creditors disputed the bona fides ,0
bill, and took proceedings to set it aside. The jury
opinion that the bill was an afterthought, cohcceted to
judice the claims of the other creditors. Counsel proPttol:'
the trial to real certain correspondence, which he con t•
would prove that the bill was a bon/ i fide t'ocument;
Judge ruled that such evidence would be inadmis,i ," k
1,
the Learned Counsel contended it was a tnistiirectio°,;
resulted in a wrong verdict, and therefore he moved ttiP
to show cause why the verdict should not be set aside'
granted.

EXCHEQUER.—(THIS DAY')
CHAMBERS V. THOMAS AND ANOTHER.
This was an action of replevin, brought by the .Pluto„
recover damage from the defendant for a faite distrwor
in respect of the tithe of a certain farm, the properti,,i,t?
plaintiff. The declaration alleged the making of the
D,
in question, and then went on to aver that the deie!
had failed to demand the tithe due in accordancet
provisions of the Act of Parliament. The defendaDA
their plea, controverted these allegations, and the
tried before Mr. Justice Coltman at the last assizes fot
county or Carmarthen, when a verdict was returned '?ffl,,!
defendants, the Learned Judge reserving to the plain„',
right of moving the Court above for leave to enter
fur the plaintiff.
Mr. CHILTON now moved accordingly. The plaint'olr:
a gentleman of extensive property, residing in the PI 91;
Llanelly, in the county of Carmarthen ; and the defer,
were the owners and possessors of the tithes of the 86+
parish. Some short time ago a tithe of 4/. 9s. 10d.
due in respect of one of the plaintiff's farms, and :le
was seized by the• defendant belonging to a tenp, tlO
the plaintiff, to liquidate the amount. SubsequeDit„•;lo,
plaintiff' brought the present action of replevin, an"-,
trial of the cause it was proved that the Tithe Act req,
that a demand of the exact amount due, and no nwrj.
no less, should be made before a distress could be leYi,e,
the present case the tithe due was 4/. 9s. 10d. but the a' tOI
was made for 4/ 9s. Mid., and it was contended, therefor„e;il;
the distress was illegally made. Besides, it was shoo' ;ell
trial that the party who nulde the demand did so nu t f'
ofa Mr. Edwards, who rented the tithes of the defendan „' I
hence it followed that in fact the defendant had made P'l,oo
wand at all. The Learned Judge who tried the
ever, contended that the demand being made by Mr. J
WttB virtually made by him or his servant
as the tigeo 11';
the defendants, and at once overruled the first objectior'or
consequence was, that a verdict was found for the defeljtoPe, !
and, as the Learned Counsel thought it was done so °will
ously, he had now to move for a rule nisi, to show cause
the verdict should not be entered fur the plaintiff.
ti
The Court took time to consider the case, in order rid
they might have an opportunity of consulting Mr. °-
Coltman, before whom the case was tried.

COMMON PLEAS-(THIS MO(*)
(Sittings in Banco.)
BENLEY V. BRADLEY.
rn this case, which was tried at Cambridge last circa'/'

was an action for use and occupation, the verdict in dais
100/., was given for the plaintiff.
15'10 Mr. Sergeant CHANNELL this day obtained a rule fl
enter a verdict fur the defendant. .
5i Mr. Sergeant BYLES, on the other side, obtained s cr°
rule. to inci ease the damages.
The arguments were strictly technical, and the facts CO
plicated and uninteresting to the public.
The Court rose shortly before 12 o'clock. •

DA A
CRIMINAL CuURT.-(THIS
OLD COURT.
(Before the RECORDER.) Co- 11141
John Lee, alias Robert Dalton, on the opening of the was placed at the bar, charged with stealing 25 soV_,erltt.
4 half sovereigns, 3 ank notes of the value of 5/. each'
t.ther moneys appearperty of &rah Walton. „toll
Mr. Payne ed tor the prosecution, and Mr. Rc'ul
tiir the detente.
Prom the evidence adduced, it appeared the prisone, OGs
lodged with the prosecutrix. On Sunday, August her
went to church, leaving the money in question safe tid
desk. On he r return the desk was found broken opeP'beeo
the money taken away. The desk appeared to We; over'
broken open by a chisel. Suspicion fell upon the Prielfeli
and he was taken into custudy. About half-past ebooef
o'clock, shortly after church time, the prisoner left the ear
and on going asked for change of a sovereign in a velid
tied manner. Ile had a carpet b,g %hit him, and l'der
NI
was going to Richmond, and wi u'd be back on the ewicli,
day. Instead of going co Richmond he vient to weee,de
where he was noticed to be in possession of 18 or 20 rjelS
reigns. When lie was taken into custody a chisel
found upon him, which corresponded with the marks O'
desk.

•
The jury immediately found him Guilty. lier
The prisoner, who was represented by several owit)
constables in Court to be suspected of being connecteutitell
several other burglaries, protested that he was en
innocent.
The RECORDER said the jury, and he entirely agreed l'ilis/t)
them, had come to a different conclusion. There
„alr
no circumstance that could operate in mitigation of
ment, the sentence of the Court therefore was, that
transported for ten years.
ff
John Alfred Cotton, who was indicted on the charge of f 0
.. rgi
.-f
a bill of exchange for 351., wa, discharged, the counlocs
the prosecution not being able to produce the bill in eV'
against him, it having been destroyed. of
Daniel APCarthy was indicted for stealing the 1,4150
.5/. 17s. Gd. from a eller P
the counter of Mr. Flour, r
residing in Whitechapel-road, last Sunday morning'
tween the hours of twelve and one o'clock. e
1/11 From the evidence of Mrs. Flour and a little girl, th
thee:
sober came into the shop, and, after making faces have
for the purpose of disconcerting them he put forth IJI3O
and seized the money in question, which was lYing,Oftffill
counter, made up in paperpackages. On the other ban., well-
averred that there was a person in WhitechaPel, 4isoeer'
known thief, named Daniel Hearn, exactly like the prhe ope
who was in the habit of wearing a dress exactly like t. 0 re
said to have been worn by the prisoner on the occasto, dif.
fared to. The dress the prisoner wore
ferent from that the prisoner had on the evening the I
was committed. when taken Iloaf

The jury, atter some hesitation, acquitted the prisoner

CLERKEN WELL.-(THIS Al: rev ed
William Harris, and his sons John and James, were chwu
with a daring outrage on the police. , loaf
On the previous night, between eleven and twelve 0 cloly
the prisoners were conducting themselves in a most di' ert; be
manner. When Police constable Marsh 50 N interfered! to
was assaulted b., John Harris. The constable took !eic-
custody, when the other two prisoners, with a mob of brisod
makers, attacked him, pelted him with stones and mud, ras
kick; d him. Marsh sprang his rattle •ind other policemen
that
to his assistance, but such was the,violence of the m 0 b3/00
' the constables were obliged to take refuge in the Half'
eeroa
public-house. One of the constables (Cooper) was
disabled, and none of them escaped uninjured. The prisuttoo
were finally apprehended.
fi
James Harris is a desperate fellow ; he has been tried at
'the Old Bailey, and sentenced to 18 months' imprisonlue'
for beatirg a constable, so that he was a cripple for life!
The prisoners were each sentenced to one month's 1011:be
sonment, without the power of releasing themselves by
payment of a fine.

, v ITLEY, Nov. I.—Her Majesty the Queen D°,..",;
agar, we regret to state, Las for the last three or four cuthJer
been labouring under indisposition, which ha., pi evollel„,.it.
from taking her usual carriage drives in the vicinity o f :i,
ley Court. We are, however, glad to add that her Alajesf)
recovering.--Yost. Post.
A 5
f., • ..--
SUSPENSION OF DISTILLATION FROM I'ItAIN• ~,
a proof. that the feeling with regard to the suspensho of t'`aD
filiation from grain is gaining ground, we may mention t',,,
we have just now heard (four o'clock) that an eminent ayib.....
tiller of this city has purchased to-dary four liuudi•ed hob
beads of sugar, which, of course, he ir: tends to ti,r a.
^SWIM
substitute for grain, in case it be-
id the Avr-Hr- P• .1w au Corr Inn s, i•
.- .., ,• 4- ,-, -141- !--, ---',
-Y 1 COWES, S2.IURDAY, :..joy, II .—TRE 131.0" --iir f
,gay, so
d t.• ,ett,4! the Paisley, llsrrhead, and nutlet Rail-
_.-ri Nr c: , :
t o giuninteo the had-"--“,:•41.ax, 74, will I V .•1 • f - ti.e - ur,e,se c
arln e _fele ul , i
li(cu,sAy.--Did.,l. PI pt.
IVbite'
r, ~f the stock ill that coin.
Parry an annual dividendof ' G S d
Post. SIZ per !avow atm* ag She
i being razeed and converted ink a block-ship by ISIL , the
gill be taken into the new steam-frigate clock 0+
, Utica. Whitcowifampaldre Advertiser.

[lave agreed