The Sun.
London, England, 1827-12-21 00:00:00

LAW INTELLIGENCE.-(TIITS DAY.)

COURT OF CHANCERY.
ATTORNEY-GINERAL V. BIAYOK OF wmtwicr.

The LORD CHANCELLOR gave judgment in this
matter. Originally it was clear that the right of
appointing a Lecturer or Assistant was in the Vicar.
By the charter, the Corporation was to pay the
wages of the Lecturer, amounting to SO/. a-year. In
consequence of this, it appeared that the
Vicar, from courtesy, had consulted the Cor-
poration in the appointments of a Lecturer,
and they brought forward entries of appointment in
their own books, to prove from inference that the
right of appointment was in them. The Court
could not hold the entries in those books to be
evidence against the Vicar, to which alone the
Corporation had access, and which were
Made ex-parte by them. In the many in-
stances in which the Vicar had made the
appointment he had presented the Lecturer to the
Bishop for his licence, and his right of doing so had
never been contested by the Corporation ; the Cor-
poration appeared never to have obtained the
Bishop's licence for any appointment of their's until
1810. Upon the original right, therefore, of
the Vicar to govern the affairs of the Church,
and upon all the evidence adduced in the matter,
his Lordship thought the balance of decision to be in
favour of the Vicar. He consequently agreed with
the Master, who reported that the right of appoint-
ment from time to time was in the Vicar, because
the recent acts of the Corporation could not be taken
to govern such a question as this. The result
was, that the Court overruled the exceptions
to the Master's report, and ordered the Cor-
poration, to pay the costs. It was then
agreed at the bar to be unnecessary for the
Court to go into the next petition, which prayed
that the Corporation might be compelled to pay
the Lecturer's wages, because they had only declined
to make the payments for the purpose of having
this question raised and decided.
His LortosiirP said, strictly speaking, the clues.
tion was a question of law, and ought to have been
decided upon an issue; but looking at the length of
time the matter had been in the Master's office, the
smallness of the property In question, and the clear-
ness of the balance of the evidence in favour of the
Vicar, he could not think he would have acted
justly, had he now sent it to a Court of law. The
declaration upon the original petition was, that the
right of appointment was in the Vicar.

IN I E QUEEN'S COLLEIS, CAMBRIDGE.

It waa known that Mr. King, the senior Tutor
of Queen's College, Cambridge, was to appear in
person in this cause, and therefore a considerable num-
ber of the Literati were in attendance in Court.
When the petition was called on, Mr. King appeared
in person. The case came on so late, and took
up eo much time, that we can only at present
state what the question was. By the Statutes of
Queen's College, almost every collegiate act is re-
quired to be done by the approbation of the Master
and major part of the Fellows. In the present
instance a Bursar was nominated, for whom
the Master and three Fellows voted; but against the
appointment of that gentleman there were the rotes
of seven:Fellows, who proceeded to nominate another
Bursar; the Master objected to this, and stated that
e to elect; secondly,
late principles,
principles, that the
major
no such step could be taken without the approbation
of himself (the Master). The plaintiffs contend-
edfirpsat4 alone w m
re on
entliatil
that all the Statutes of the College would be in-
consistent consistent with each other should any other con-
struction be adopted, because there were many in-
stances in which the Master himself was held to be
amenable for certain acts; in the next place, that,
according to the Act passed in the reign of Henry
the Eighth, no act of the minority of the Corpora•
tion was to impede the act of the majority.
We left Mr. KING addressing the Court.

VICE CHANCELLOR'S COURT.
His HONOUR was engaged, during the early part
of the day, in disposing of cause petitions.

COURT OF KING'S BENCH.

- MAVIs V. Lets.
This was an action for goods sold and delivered.
hatter residing in the City, and
the Commercial-
road. The sum claimed was 13?. 18s. for hats sold,
and the defence was, that the hats were supplied to
Thethe dpleafietnitdiffan wt
" a tailora living in
the defendant's father, and not to the defendant him-
self. It appeared that the hats were ordered by
the father, but that they were sent to the defendant's
house.

Lord TENTERDEN left it to the Jury, whether
they believed that the hats were supplied for the use
and benefit of the defendant.

The Jury having retired on this question, another
rury was called, but only nine Jurors appeared.

Mr. CAMPBELL said he was for the defendant iu
the next case, and had no objection to go on with
only nine Jurors.
Mr. GURNEY said he was at the other side, and
did not object to his friend's proposition.
The case throughout was proceeded in with only
nine Jurors. The particulars of the case were in no
degree interesting to the public.

COURT OF COMMON PLEAS.
ILOBBILTSON V. MACDOIVGAL.
Mr. Sergeant SPANKIE stated the case for the
plaintiff. It was an action for libel brought under
the following circumstances. Mr. Robertson had a
claim against a Mr. Morrison, who resided in Scot-
land. This claim was referred to arbitration, and
Mr. Macdougal signed a bond to the effect that he
would guarantee the performance of the award of the
arbitrators, if it went against Mr. Morrison. Mor-
rison however died before the award was made, and
the defendant immediately gave notice, that he no
longer thought himself liable to the bond. The
plaintiff, however, obtained judgment upon the
award, but was unable to get his money from Mr.
Macdougal, who is an attorney, and he was run to
great expences and delays, by writs of error and de-
' murrers, until he was quite worn out, and being in
want of money, he advertised the bond for sale, and
placed it in the hands of Mr. Hoggart, of Broad-
street, for that purpose.
:The advertised for sale by Mr.
As soon as the advertise-
ment appeared the defendant circulated a hand-bill
in the market to the following effect :
Hoggart,The
of B
Bondroadfor_sltr,eeootoL
.-- above Bond is advertised
for sale as if it was really a money-bond ; but such is not
the fact. A gentleman named Morrison, had occasion to
refer to arbitration, in Scotland, certain debts, and lie
(Macdougal) became surety that Morrison would abide by
and perform the award. Morrison died before the award
was made, and then Mr. Robertson proceeded and recovered
judgment against the surety. That judgment was, how-
ever, contested in Scotland, and proceedings are now ac-
tually pending in the Court of Chancery in this country :
so that, in fact, the bond was to be considered as any thing
rather than a money-bond."
Not satisfied with circulating this hand-bill, he
addressed a letter to the following effect to Mr.
Hoggart :•
Slit---You know me well enough to believe, that if the
bond which you have advertised for sale were a just bond,
there would have been no occasion to resort to the wicked
attempt which Mr. Robertson is now making with re-
spect to it. His object no doubt is to extort money from
an unwary purchaser, or else by :lireats to extract money
from me. So far from the bond :n question being a mo-
ney bond, there is mow a suit in equity in dependence re-
lative to it, which fast, Pa justics to your own character,
you ought to old to your advertisements for the
sale. You ask me whether I should chose allow.
isg such a bond to go into :he market ? I have
only to say that I have no means of preventing a thing of
no value going into the market. But if by asking the
above question you wish to know vhether 1 am dispoied to
become the purehasec, 14 can onh say, that if the bond
were offered to me for 101. I 400 l hesitate to become the
ptirchaser.
ThiS letter was signed with the defendant's name.
This was the iibel of whicii his cJient had to com-
plain, for hoc the plaintiff was clearly charged with
the intention of endeavouring to extort money from
the pockets of the unwary, )r, still worse, with
endeavouring to extract money by threats from the