Star.
London, England, 1830-06-23 00:00:00

LAW REPORTS.

ROLLS COURT, lows 22.

THE ATTOINEY.GENZIAL V. THE GOVERNORS OT
CHUIST'S 110SPITAL.—Thorium Gay the founder of Guy's Hos.
pital, in the year 1724, by his will left an annuity of 4001. to
Christ's Hospital, on coedit kn that they should receive at.nually
and educate, in the same manner as the other children of the estab.
lishmeny four boys or girls, to be nominated yearly by his execu-
tors, or their successors, the Corporation of Guy's Hospital. The,
Governors of Christ's Hospital, in the year 1726, accepted the gift,
and continued to receive the children as nominated by the Corpo.
ration of Guy's Hospital, until the year 1827, when they determined
no longer to receive the 4001. in consequence of its insufficiency.—
The
clause in the will of the testator, whereby the annual sum of
4001. was given to Christ's Hospital, under the conditions therein
named, also provided that in case the Governors of that establish-
ment should at any time refuse to receive the children, the execu.
tors of the testator were to be at liberty to apply the annuity in
their education as they might think proper. Ihe present informs.
tion was filed for the purpose of compelling Christ's Hospital to
receive the amount, on the ground that that establishment having
once accepted it. and applied it as directed by the testator, were
hound to fulfil the conditions of the gift for ever; and that the
clause in the testator's will giving power to his executors to apply
the funds in another way, in case of the refusal of Christ's Hospital,
must be only taken as having effect till Christ's Hospital could
be compelled by legal means to fulfil the conditions of the tes-
tator's

Mr. Parsaaavow and Mr. Wioaax supported the information.
Mr. BICIRIRSTETH and Mr. PHILLIIIIORZ opposed it.
His Hoxova, the Muter of the Rolls, considered the question
to be—whether this gift to Christ's Hospital was to be considered ail
a gift merely as long as they should continue to receive the four,
children, or whether it must be taken as a gift of this sum for ever,
upon the condition that they should receive the four children. The
Court was of opinion the latter was the true construction of the
words of the testator, and that Christ's Hospital, having once ac-
cepted the gift, could never retire from it. Thedecree must, there.
fore, be in favour of the relatives as prayed.

COURT OF COMMON PLEAS, Just 22.
DAVIS V. GAIIET.

On a former day, cause had been shown against a rule obtained'
for a new trial in this action, In which a verdict had been returned
in favour of the plaintiff. The action, it will be remembered, arose'
out of the loss of a barge, on its passage to one of the Irish ports,
upon an agreement between the parties that it should proceed to its
place of destination in " the direct, usual, and customary way."—
The master, owing to the tempestuous state of the weather, had
considerably diverged from his direct course, and the consequence
was the loss of the vessel. It was contended, on behalf of the de-
fendant, that a similar accident might have occurred e►en in case
the direct course marked out in the agreement had been strictly fol.
lowed.

The LOAD CHIEF JUSTICE, in stating the decision of the
Court this morning, said, that the law would not admit of a wrong.
doer apportioning or limiting his own wrong, and that, therefore.
their Lordships were unanimously of opinion, that the rule for a
new trial ought to be discharged, and judgment be given for the
plaintiff.

CONTEMPT OP COURT.
A rule, calling upon Mr. Ford, solicitor, residing in Pall-mall,
to show cause why he had not attended to give evidence in an ac-
tion on a bill of exchange, tried before the Lord Chief Justice, at
Guildhall, on the Bth of June last, in consequence of which the
plaintiff had been nonsuited, was obtained by Mr. Sergeant Jones on
a former day.
Mr. Sergeant WILDE this morning shewed cause against the
rule. Mr. Jones, in his affidavit, stated, that at the time the sub.
pans was served upon him, he had intimated to the attorney's
clerk the utter impossibility of his attending the Court on the day
in question, owing to the fact of his being obliged to be present on
a commission of bankruptcy on the amine day, when the assignees
of the bankrupt were to be chosen ; that he had received, pre-
viously to the subpcena being served upon him, a great number of
powers of attorney from et ••itors to the estate, residing in York.
shire, authorising him to vote for them in the election of the auig.
nees ; that he promised that his clerk, Mr. Simpson, should attend
in his stead, who was equally capable of proving the hand.writing
of the defendant (all he was required to prove) as himself ; and,
finally, that be had not been actuated by the slightest wish to evade
the process of the Court, or offer any disrespect to their Lordships.
The LORD CritEr-JUSTICE,— i think it has been alleged that
Mr. Ford was at Ascot races on the day In question.
Mr. Sergeant WILDE admitted that It had :been so stated ; but
the fact was, be had only been separated from the Court of Common
Pleas by a single wall
The affidavit of Simpson went to corroborate the statements made
by Mr. Ford, and added, that in conformity to that gentleman's re.
quest the deponent had attended the Court on the day in question,
for the purpose of proving the defendant's hand-writing ; but that
not seeing it mentioned in the written cause list, he concluded that
it would not come on for trial during the day. Yet, notwithstand.l
ing his conviction of the impossibility of the cause coming on, he
had remained in the neighbourhood of' the Court till past one
o'clock. He had never received shy intimation that the cause
would be undefended, and therefore, of course, concluded it would
not come before the Court that day, so laid down as it was its the
printed cause paper.
Air. Sergeant Josts, in support of the rule. contended that
in case witnesses were to be allowed thus to trifle with their
Lordships with impunity, there would be an end of all law and
justice.

The Court were clearly of opinion that Mr. Ford intended no per-
sonal insult to any of their Lordships, and consequently ordered the
rule to be discharged.--Rule discharged.

INSOLVENT DEBTORS' COURT, June 22.

George Fermis, late landlord of the Queen's Head public.house,
Whiteness-street, whose debts amount to 5031. was opposed by Mr.
Litre for Messrs. Charrington and Co. ale brewers, for a debt of
801. and by Mr. John Roberts, landlord of the Barley Mow, Blue
Anchor-alley, Bunhill.row. a creditor, in person, fora balance of 501.
The insolvent agreed to pay Mr. Roberts, his predecessor, for
"coming-in" and fixtures, a sum of 821. 1 ls. of which he paid
321. 11a. His property, on the whole, was valued in at 2611., and
he was only two months in possession, when a sale of his effects
took place, and produced only 1191. On entering the house, ft
appeared to him it would be profitable • but he soon discovered
otherwise, and he informed Roberts he had " taken him in ^
Roberts haring told him that the house did four butts of beer,
121. in ale, and 251. in spirits, in the month, which proved, on a
trial by insolvent, to be exaggerated. To raise the purchase money
to enable him to take the business, insolvent was obliged to apply
to several persons; and amongst those who assisted him, were
Messrs. Charringtun and Co. who :supplied him with 501. in cash,
and value to the amount of 301. in beer, which has never been paid
them.
James Whitehall, landlord of the Grapes, Clerkenwell, stated
that the insolvent, on going into the Queen's Head, took his advice;
he called in about three weeks on the insolvent, who said he should
not stop in the house, and that he had made up his mind to " cut
it" (laughter,) and go " below," and take the benefit (great laugh.
ter ;) witness remonstrated with him, and said he did not think
there was any occasion to go " below" yet (meaning Whitecross-
street Prison), and mid," Messrs. Charrington and Co. hav'nt stopt
sending you goods, have they ? ' on which the insolvent replied,
" He didn't like to stick it into them too deep" (roan of laughter I)
and added, if the witness wanted anything in that way he could help
him (continued laughter.)
The Cam. Connissiox ea remarked shortly on the case. In
two months the Insolvent hid contracted debts amounting to 5031.
and rendered himself liable to the 48th section of the Act.—The
sentence of the Court was, that he be imprisoned Six Months from
the date of filing his petition.
Charier Douglas /ruing, linen draper, whose ease was heard on a
fanner day, and adjourned to re-advertise, and prepare an amended
special balance sheet, was brought up again yesterday, and prayed
jud_gment. The insolvent has been in custody since the 4th Nov.
Mr. Commissioner HARRIS, who attendid for the purpose of
pining judgment, read over the evidence, and proceeded to remark
on the ease. The insolvent, he observed, had gone to a considerable
extent in concealing his property, and in contracting debts ; he, law.
ever, complied with an order of the Court, in giving a more explicit
account of his affairs to his creditors. He bad employed a person
named M'Dermot, also a linemdreper, to collect his money up to
January, who, however, thought fit to swear that he had received no
money on the insolvent's account ; but he was convicted on his own
hand-writing, and likewise on the testimony of Bernal witnessm—
To what extent he bad received money, it was quite impos-
sible for the Court to say. Several sheets of parchment are
covered with the insolvents debts; while the money that
has been received, is not at all accounted for. It is impossible for
the Coiftt to give any credit to such statements. The judgment of
the Court, therefore is, that the insolvent shall be imprisoned for a
period of Ten Calendar Months from the date of filing his petition,
for fraudulently making away with his property, with an intent of
diminishing the funds on • dividend to his creditors ; and within
the walls of a prison.
Mr. Woonaore's rose and remarked, there were niansels
hundred creditors on the face of the inactivates schedule, ad if
they got but a shilling each, it would amount to a good round sum.
- -
in various parts of the county of Tipperary, MON..
tudes of the stoning peasantry bite stopped the millets'
seised upon the flour they were *colnysylng to. Market. Theniabg
wbo.hava•sadhied in this way; stir Mr. Mating,. at Golden; #li,
Chubb, of Claigkon; and Mt. Sachet, at eidten—Nina. Register.
. • •

.. .

POLICE REPORTS.

111awston-Hovss..--.1 young man of gentlemanly and mild
appearance. named Conwi, was brought up, charged with having
broken a man's leg In a pugilistic affair on the preceding night.
A witness deposed that oo the previous night be saw the defendant
in Bishopagate-street, striking violently at a man who was walking
along. The man held up his hand to defend himself, but the
activity and skill of the defendant were not to be resisted. The
unfortunate man received a knockdown blow, and when he was on
the ground, he said, " Oh, my leg is broken." Witness saw no
offence committed by the person who felL
The certificate from St. Bartholomew's Hospital, where the in-
jured man lies, was read. It stated that the examining surgeon
had found that the fracture sou a compound one, and that, although
the patient was not in Immediate danger, they could not say that
his condition would not become dangerous.

The Loan MAYOR lamented to find that young men of re.
spectable stations in life were viafted by an appetite for the repute.
Lion of pugilists—the most degraded of mankind. This was the
second fight within a few days in Bishopsgate.street, in which a
poor man's leg was broken.
A female, who had been passing at the time, declared that the de.
fendant struck at every one that approached him, and that not the
least attempt had been made by the person whose leg was broken to
return the blows that were given to him. The defendant had struck
at her repeatedly, and would, no doubt have done her inischief if be
had not been prevented by a friend of his own.
Mr. Hobler said, that some of those gentlemen who were so nag
with their lists, and who encouraged others in practices of the kind,
would be made to feel in all probability very soon.
The Loan MAYOR ordered that the defendant should be confined
in the Oiltspur.street Compter until a more favourable account of
the injured man be received at the Justice-room.
Bow.Srazzr..—Yesterday afternoon Mr. Colthead, a surgeon,
was brought before Mr. Mlusnutt, the sitting magistrate, on a
warrant, which charged him with having sent a letter to Mr. Yeats,
also a surgeon, with intent to provoke him to a breach of the peace
by fighting a duel.
Mr. Yeats stated, that the defendant and himself had been in
partnership together, but had disagreed, and separated under feelings
of considerable excitement. The other evening be (complainant)
received a letter from the defendant, which he construed into an in-
vitation to fight a duel.
Mr. MlNSHllLL—produce the letter.
The complainant accordingly handed a letter to the Magistrate,
which appeared to have beent written under warm feelings, but
which did not not go the length the complainant supposed.
The defendant then put in a letter, which, he said, had provoked
that which the Magistrate had just read. This letter contained some
strong epithets and unpleasant observations. and, in short, threw
down the gauntlet of defiance.
Mr. Mixenumt. observed, that one letter was as much calculated
to cause a breach of the peace as the other, and he should therefore
call on both parties to put in bail for their good behaviour, and or.
dived each party to find sureties in 1001. to keep the peace towards
all his Majesty's subjects.
The required bail was put in, and the parties retired.
THE DISTRESSED HAYNARERS.—Last evening Sir R.
Maxim mentioned to the Reporters that he had received a letter
from Sir George Rose, in which the Hon. Baronet stated that hay.
log seen a paragraph in the morning papers of that day (yesterday)
stating the lamentable fact of five poor haymakers having perished
from starvation and describing also the general distress which pre.
wails amongst that class of persons, he had collected amongst the
members of his own family 71. 10s. which be enclo ed, requesting
that he would be good enough to apply it to the relief of the suf.
ferers in the manner which he thought best. Sir George added,
that he should not have troubled the Chief Magistrate with
the request, but that he knew of no other mode by which he could
convey the donation to any of the parties for whose relief it was
intended.
Sir R. Biaxix further stated, that in reply to Sir George Rose's
letter, he had informed him that believing, from his own local know-
ledge, that the greatest degree of distress prevailed in the parishes
of Acton and Hampstead, he should send half the sum to each of
those places, taking proper care; that it should be divided amongst
the most deserving objects.
A youth named John Rooney was fully committed for trial for
returning from transportation before the expiration of the term for
which he was sentenced.,

Hasrow-Geaniew.--.Yesterday, Edward Stock was charged
with robbing Mr. lilortan, tailor, Bath-street, Clakenwell. of a
silver watch and appendages, on the 17th of March. The prisoner
pleaded distress, saying that he had been out of employtnent several
months, and had not tasted food for two days. Witness consented
to employ him as journeyman, and the prisoner remained in his
employment that and the following day, when the watch and ap-
pendages wets stolen, and the prisoner not returning to finish his
work, suspicion fell upon him. On the 17th instant, as witness
was pass along King's-road, Bedford-row he met the prisoner.
Theisoner acknowledged his guilt, and was fully committed
for trial.

BIARLIONIOOGH-6TIIIIET.-.- & bricklayer's
labourer, was yesterday placed at the bar, together with Hugh Car.
land, the tonnes charged with setting a dog at Robert Hope, the
son of a respectable tradesman of St. James's-street, and the latter
with having endangered the life of Mr. Smith, an Inspector of
Police, by aiming a desperate blow at him with a shovel.
It appeared that Mr. Hope's two sons, the one aged eight years,
and the other about ten, were standing in an open space in St.
James's-street, where some houses have recently been pulled down,
about five o'clock on Monday afternoon, when the prisoner Himney
I set a dog, belonging to some of the workmen, at the youngest lad,
and it bit him in the leg. A police.constsble, named Bates, en.
deavoured to take the man into custody, but the prisoner Carland
and another labourer resisted, and the constable's truncheon was
forced from his hand. and he was driven off. He immediately in.
formed Mr. Smith, the inspector, on duty at the watchhouse, who,
together with six constables, proceeded to the ruins fcr the purpose of
apprehending the parties. (In their arrival there Himney was secured,
and Mr. S. seeing Garland at work with a shovel, desired him to our.
render, as be had assaulted the constable Bates. Carland exclaimed,
" He would strike the first man down who dared to approach him,"
and raising his shovel aimed a tremendous blow at the Inspector's
head, but before the weapon had descended, a constable, 0 31,
rushed in and caught the blow upon his arm, and the parties were
secured. Mr. Smith, in conclusion, observed that nothing but the
timely assistance of the constable could have saved him, as he had
no weapons but pistols, which be did like to use on such an occasion.

Mr. CONANT inquired whether the blow, which fortunately had
been intercepted, had hurt the constable ?
The officer replied that it had cut through his clothes into his
arm, although part of its force had been iuipeded by striking his
truncheon first.
Mr. Titunsnlr asked if the prisoner was aware at the time that
Mr. Smith was an officer ?
Mr. Smith reeled that be was dressed In his uniform, and had a
small brass stall in his hand.
Mr. CONANT said the first offence was a moat wanton act, and
inquired whetber Himney had anything to say to it ?
Himney replied that he never meant that the dog should hurt the
boy.
The Magistrates ordered }finitey to pay a fine of 31. or be com-
mitted, in default, for six weeks to the House of Correction.
Carliusd was remanded till Thursday, to give time for the at-
tendance of a necessary witness.
A man named lirkkisson, who has been in custody charged with
stealing a quantity of valuable oopper.plate engravings from his em.
ployer, Mr. Hullmandel, of Marlborough-street, was yesterday
placed at the bar for re-examination.
The plates, which were very splendid, were produced, and the pri.
sows was fully committed for trial, Perry, who had bought the
plates, being admitted as a witness.
Tstaints PoLscr..—Yesterday, Mr. Thomas Owen, the land.
lord of the Fox and Goose public-house, Shakespeare's Walk,
Shadwell, was alerted with selling exciseable liquors by retail
without a lioenae. A few weeks since, he took the bowie of a per.
son named Coffield, and put his own christian and sinuous over
the door, but had neglected to hare the license transferred. He
was convicted in the penalty of 51. and all the costs, with an intima.
don that, foe a second offence, of the heaviest fine of 201.

THEORY of THE EARTII.—The globe, in the first,
state in which the imagination can venture to consider it, was a fluid
mass, with an immense atmosphere revolving in space round the
sun. By its cooling, a poetics') of its atmosphere was condensed
into water, which occupied a part of the surface. In this state, Co,
forms of fife, such as now belong to our system, could have inha-
bited it ; and I suppose the crystalline rocks, which contain no yes.
ti of a former order of things, were the results of the . first con.
wlidation on its surface. Upon the further cooling, the water
which more or less had covered it, contracted; depositions took
place, shell-fish and coral animals, of the first creation, began their
labours ; and islands appeared in the midst of the ocean, roved from 1
the deep by the productive energies of millions of zoophytes'. These
islands soon became covered with vegetables, fitted to bear a high '1
temperature, such as palms and various species of plants, similar to'
those which now exist in the hottest part of .the world. And the
submarine rocks, or shores of these new formations of land, became
covered by aquatic vegetables. on which various swim of
fish and common fisher fount; their nourishment. The fluid, of the I
globe in cooling d*cite(a
.Tarite qininiity of the materiels thy
held In solution, andibtie depoeites esdluthtating together the mud,
the inisseßes maim of coral rocks, aid acme of the remains if the
Antila onAlsbral foetid 'round the Amite . tbe primitive Mat,
prediteed lb* Int order II seatemdeip tech.—lit IL Devi.