The Sun.
London, England, 1842-01-26 00:00:00

PINE ARTS.

'n the Faubourg St. Germain is a noble mansion,
within the walls of which are accumulated innumerable
reasures of the times of Louis XIII. and Louis XIV.,
and among the paintings is the celebrated picture of
Lady Jane Grey, which has raised the tame and fortune
of Paul Delaroche. Here the Princess Matilda de Demi-
doff is now daily giving grand concerts.
LITERARY AND SCIENTIFIC.
. Mr. Fox, the British Minister at present.resident in
America, and a near relative of Lord Holland, is up-
wards of 60 years of lige ; he has the reputation of being
learned, and is rarely out of his house, except when
tempted by book-auctions. He is a good entomologist,
and has frequently correspondence and cases Of insects
sent him from most parts of the world.
MISCELLANEOUS.
The reporter of a Morning Contemporary, in his de-
scription of the Royal Christening, after stating that
the heart-stirring cheers of the people rent the air
with an emulative ardour," and that at the sight of the
young Prince they " burst forth with a joy almost fran-
tic," modestly adds, " we de not pretend to be any
judges of fine or precocious 'children, but several old
ladies near us protested that a finer boy they had never
laid eyes on than the Prince."—There is a good deal of
the old lady in this description, which is remarkable for
its superannuated eloquence.
To-morrow will be the anniversary of the birth of the
Duke of 'Sussex, who was born in 1773 ; and Friday will ,

EVENING SUN

he the anniversary of the death of Peter the Great, who'
died in 1723.
The Court of King's Beuch, in April, 1788, decided
that a womanis competent to serve the office of overseer
of the poor.
A Morning Contemporary gives the followinc, imPor
tant national intelligence :—" The Duke of Wellington
retired to rest at ten o'clock, rose yesterday at six o'clock'
and breakfasted at eight o'clock!!!"
The Augsburg Gazette says, " the village of Madan*
in Wallachia, has been inhabited by women only fndr
the last thirty years !"—A philosopher fond of pence an
quiet, and hating gossip, could not do better than take
up his residence in this she-village I
Baron Humboldt, in accordance with the wishes of
many men of science in this country, was waited upon
by Mr. Murchison, for the purpose of requesting him t.°
fix a day to commemorate his arrival by a public fest'
val,but he declined, as his stay was limited with theiiing
of Prussia to but eight or nine days.
After the Christening yesterday, crowds of persons
dipped their handkerchiefs in the font, in order to preserve
a sort of imaginary relic of the water of the river Jordan!,,
in which the Prince had been baptized. This water
brought over to this country by Mr. Scoles, of Argo
place, who in the year 1825 travelled in the East. G;:i

LAW IN ELLICF-C.g,'

- -
CHANCERY COURT-(THIS DA-10;
The Lord Chancellor did not sit in his Court at Nires''
minster to-day until a quarter past twelve o'clock, 11'.
having arrived from Windsor.
THE ATTORNEY-GENERAL V. WIMBORNE SCHOOL.
The SOLICITOR. GENERAL, upon this case being called
on, stated that he did not think it would be necessary
L toe
trouble the Court with going into the discussion. The
question in this case arose upon the proper constructiT.. :
of two charters granted in the time of Queen Elizabeth,
by which the tithes of the parish of Wimb°ll,
were granted to a corporation to be selected
out of the inhabitants of the parish, the object of
was for carrying on a school at Wimborne. The 011;
struction that had been put upon the Charter for yeaf
was, that the tithes were to be applied by the perso;
named for the benefit of the school, and that so much
was not required for that purpose was to be applledfor
the benefit of the inhabitants of the parish, and io
way the charity had been administered for a long series"-
ied,.
of years. Upon an information, however, being ~
the present Master of the Rolls decided that the tru..
construction of the Charter was, that the whole tithhee
should be applied for the purposes of the charity
present trustees being now satisfied that the constrne;:,
tiOn which had been put by the Master of the Rolls oPfle;
the Charter was .a proper one, were content to foreg° tA,,
appeal, and it had been arranged that as they had tr,
ministered the charity in the way it had been done
their predecessors, they should be allowed their cos'`'
that part of the order of the Master of the Rolls direc
ing them to pay costs being discharged by arrangetueo,„
HERRING V. CLOBERRY. .re
The further arguments in this part-heard appeal,'
then proceeded with, and occupied his Lordship the re-_
mainder of the day.
1.00
ROLLS' COURT.-(THIS DAY •)
GREEN V. MAITLAND.
The further arguments in this case occupied the C°r,
the whole of the morning. At their conclusion
ship said he would read over the whole of the affida''
and defer his judgment to a future day.
His Lordship disposed of several unopposed Pettlioul4

Y~~:

VIOE-CHANCERY.-L(THIS DA
(Before Vice-Chancellor WIGRAM.)
WILKINSON C. PAGE. hAfOre
In this cause, the facts of which are already
re-
the public, his Honour delivered judgment. After the
citing the origin and progress of the dispute between
parties, and the proceedings prior to the award, be
His HONOUR said the parties thought it wouldtion
more for their benefit to refer this matter to arbitria- ea
than to further prosecute the suit ; and, accordingly' ea
the 10th of September, 1841, an order was obtal,
at the Rolls, by which it was ordered that all mat,te..sr ja
difference mentioned and referred to in the Plenclin'-'oo'
the suit should be referred to the award and arbitrati,..
After
of Edward Goulburn„ Esq., Sergeartt-at-Law.
paw
this order of reference had been made, the P
thought that their interests would be best consulteu
taking out of the arbitration the mere question of seu—., taae
of partnership dealings, and an agreement dstet:ii'eef'
23d of November, 1841, was entered into between ; tee'
by which it was agreed that, in the event 01iiat
arbitrator awarding a dissolution, the nec-ee•
sli'dtilalie taken by a gentleman of the name of /30 ddeti
It was also agreed between them that Mr. Be whir,
should receive the outstanding assets of the partners
and pay the same to the joint account of the
plainant and defendant, into• the banking-Ws-tee
Messrs. Glynn and Company, to be first applied niept
in
paypent of the partnership debts, then in the PaT gof
of incidental expenses, and afterwards on the fontint7o
the. settled accounts. Now the Learned Sergee/-110
whom the case was referred, made his award tabedisio
on
November, 1841. In point of fact, he awarded .nartiet
lution, awarded certain acts to be done by the rred
and made a special declaration as to the 7501. seen 0600
the note. In the month of December, 1841, a ul
. ,
was made on the part of Mr. Page to make the av,qtr hot
order of Court. As it then appeared that there
been a mistake in practice, he gave the plaintiff on tie
portunity of making a cross motion to set aside, co
award, and the case had accordingly been heard the
motion and cross motion. Now, from the terms of i,eo
award it appeared first, that the arbitrator:had taken
the 7501. already paid by Mr. Page out of the Partcoutite,
ship account, and awarded that sum to be
Paid
Ist of January have instant, without reference•to the questions,
whether the accounts should at that time -- gra.'
taken by Mr. Bowden or not ; secondly, that the
yajt
trator had not awarded payment of the balance,
might be found by Mr. Bowden, nor provided forf,a
case of the assets being insufficient to wind up the r 0;
nership concerns; thirdly, that he had in general iiTh.sa,
directed a guarantee to be given, without saying 100
its nature should be. With respect to the per,,,,,ict
money, he declared that the 7501. paid should be rur-tio
by Mr. Wilkinson to Mr. Page, and then he madetenel
following declaration :—" I declarathat I do not in
to affect, or in any wise to vary, any liab
of the said William Sagon Page, in respect of t,ll?„teir
promissory note for 7504' but it is my wish and tin
tion that any such liabilities of the said defends
tosio
that respect, as between him and the plaintiff, rep
ltheo
wholly unaffected by this my award." There irnshold
a general direction that the parties upon request 5..-4 not
execute to each other mutual releases of all matte^;sol,
mentioned in the award. With respect to the..lo
which had been paid as part of the 1,500/. la&
money of a moiety of the partnership concern, "4011
been argued for the plaintiff, that the amount n2:josa
insisted that that ought to form an item in the ammi,
between the parties, and that the arbitrator had osid
wrong, therefore, in ordering that sum to be
without reference to the accounts ; and with resr,Ltioo
the other 7501., it was contended that the fines
whether Mr. Page was or was not ultimately 1-1100
was a matter in difference between the parties_A, bad.
that consequently the arbitrator making his await for
left open one of the very questions referred to BP- no
settlement. Upon some of these points he 11 the
difficulty whatever in pronouncing an opinion. ~,.eta
paid by Mr. Page to Mr. Pearson, and the ritTers
and liabilities of the parties in respect of it, were mat 110
in difference between the parties at the reference' to
would have had great difficulty in treating that ark,
error in law not affecting the validity of the awthat
Upon the second point he could not help thinking ip
the Learned Counsel had over-rated the difficulty an
supposing that the Court would hesitate to Inal'cuats
award for the payment of any balance which the aenvil-
might show to be due from Mr. Page to Mr. and
kinson, or from. Mr. Wilkinson to Mr, Page
d;
cLae
if that were not so he would hesitate to ena•
that the award was invalid, on account of the i 3
ture of the remedy. The strong inclination of an
opinion was, that the authorities obliged him to yin's' ill'
intendment in favour of the award. Upon the reilhe,
ing objection he had experienced great difficulty. Iv
arbitrator stated that the whole sum of 1,50011v14
matter in difference ; he then proceeded to LlAw
that the 7501., part of that sum, should be psi To,
Mr. Wilkinson to Mr. Page, on or before the Ist of
inst.; and he then declared that he did not. intend tO,' the
or affect any liabilities of Mr. Page, in respect Of „,r.
promissory note for 7501. The question whether.iibiit.
Wilkinson or Mr. Page was the party ultimately liaoeci
upon the note, was a matter in difference, inenti„°tfite
and referred to in the pleadings in the cause. The
ity
of that question was simply this :—The primary
of each party to Mr. Pearson was admitted, in tuele.
Bence of special circumstances ; but if the -listT
gation of fraud could be made out ogal,;t
Mr. Wilkinson, he would be liable for the faYll3bi
of the whole 1,5001. He was of opinion that the (I,:c ei
trator meant to decide that the special circunista;eta'
relied upon by Mr. Page ought not to affect Mr. rticl
natural liability upon the notes both to Mr. Pearson at
Mr. Wilkinson ; but the arbitrator had declared The
Mr. Page's liability should be wholly unaffected h.Y
un-
award, leaving the question raised by the pleadings had
decided. The mutual releases which the arbitrater;w
awarded could not help the case, for they would
affect a subject which he did not intend to affect' lid
was with great regret, therefore, that he was color* of
to refuse the defendant's motion, and accede to that
the the plaintiff ; but he gave no costs upon either motioll
JONES V. HUGHES. . ta
His HONOUR delivered judgment in this case, gran b.
the injunction, with liberty to the plaintiff to take s.itio
proceedings as he might be advised, to perfect his
at law.

EXCHEQUER.—(THIS DAY 2, JP"
THE ATTORNEY-GENERAL V. THE EASTERN AND 5--
*ASTERN RAILWAY COMPANIES. 110 r
This was a special case, sent by the Lord Chance
the
to obtain the opinion of the Court, as to whether by
Railway Companies were entitled, under the Acts in
which they were established, to cover over a ce'.-
~ta
of
street or way, called Goddard's-rents, in the Paris:,, a.
Christ Church, Spitalfields, for the purpose of rnakiti
railway station over the way in question. The case,r-
been already before the Court on Saturday, and t'" au-
guments having been brought to a conclusion this W-
ing, their Lordships postponed their decision. the
The Attorney-General and Mr. Koe appeared for at
Commissioners of the parish ; and the Solicitor-Gener
and Mr. Butt for the Railway Companies.

• • oi
An order has been issued to the authorities
Greenwich Hospital to make immediate arrarrinssella°
for the reception of his Majesty the King of '11;
who, together with several members of the Royal FilalilsfD
of England, has expressed his intention of paying •fl its
to that noble institution, for the purpose of inspeano
many attractions.

eat, who

overseer

impOr-
711ing,t011
o'clock

ilfadang,
only for
eace and
at? take

ishes of
'.,ed upon
ig him to
ilie festi-
thelihig
' persons
preserve
. Jordan+,
rater was
Argyll'
.t.

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at Wes_,,t' •
lock, nu.

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