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

UNIVERSITY INTELLIGENCE.

OxFoito, Nov. S.—There will be an election at Balliol College
on Saturday, the 29th inst., of two Fellows and two Scholars, on
the old foundation, open to candidates without regard to the place
of their birth, residence, or education,

Candidates are required to present to the Master, on or before
Saturday, the 22d inst., certiScates of birth and baptism, with
testimonials of character.

The examination for the purpose of electing a Sanscrit Scholar
on the foundation of Colonel Boden will take place in the Claren-
don, on Saturday, the 22d inst., at ten o'clock.
The Bodleian Library will be re-opened on Monday next.
Yesterday Mr. Charles A. Octavius. Baumgartner, Comm oner
of Oriel College, was elected a Scholar, and Mr. Walter Kendall,
also a Commoner, was elected an Exhibitioner at the same college.
CH'fJRCH PREFERMENTS.

The Lord B shop of Exeter has instituted the Rev. Henry
Killock, M.A., to the Vicarage of Stratton, Cornwall, vacant by
the death of the Rev. J. S. Hawker, on the presentation of his
Royal Highness the Prince of Wales and Duke of Cornwall.

On the same nomination, his Lordship has instituted the Rev.
Roger Bird, 8.D., to the Rectory of Lantegloss and Advent, Corn-
wall, vacant by the death of the Rev. Corydon Luxmoore.
The Lord Bishop cf Salisbury has nominated the Rev. R. Grant,
M.A., Vicar of Bradford Abbas, and Rural Dean, to the Honorary
Canonry of Beaminster Secunda, in Salisbury Cathedral, vacant by
the death of the Rev. Dr. Goddard.

The Rev. John Armstrong, 8.A., has been instituted to the
Vicarage of Tidenham, in the county of Gloucester. vacant by the
cession of the Rev. James Henry Scudamore Burr.

The Rev. F. S. Bradshaw, M.A., Curate of St. Mary's, New-
market, has been licensed to the Perpetual Curacy of St. Andrew's,
Netherton, Worcestershire.

The Rev. William Bull, M A., of Queen's College, Cambridge,
has been instituted to the Rectory of Stoke Ash, Suffolk, on his
own petition.

The Rev- Joseph King, M.A., of Queen's College, Cambridge,
has been licensed to the Perpetual Curacy of Farnham, Suffolk.
The Lord Bishop of Peterborough has instituted the Rev. John
Longhurst, M.A., of Queen's College, Cambridge, Curate of
Kirkby Mallory, and East Shilton, to the Vicarage of Dunton Bas-
sett, Leicestershire, on his own petition.

The Rev. Henry Caddell, M.A., of Corpus Christi College, Cam-
bridge, Perpetual Curate of Vv'alha.n-green, Fulham, has been pre-
sented to the Rectory of Wayford, Somerset.:

LAW INTELLIGENCE.
COURT OF CHANCERY, Nov. 10.
The Lord Chancellor did not sit to-day till eleven o'clock.
CLUN HOSPITAL V. THE ATTORNEY-GENERAL.

This case came before the Court upon the petition of the trustees
of Clun Hospital praying that 2,500/., part of a sum of 3,3501.,
might be raised and paid to Earl Powis. Jt appeared that a sum
of 3,350/. had been approved of by the trustees for certain buildings
and repairs connected with the hospital. Buildings and repairs
to the extent of 2,5001. had taken place, and the object of the peti-
tion was to have that money paid. The petition also prayed for an
order with reference to the increase of the salaries of the warden,
nurse, and barber of the hospital, which had been approved of by
the Court.

His LORDMIHP made the order as prayed.
DAVENPORT V. BISHOP.

The further arguments in this appeal occupied the Court the
remainder of the morning.

THE NEW LORD MAYOR.

Shortly before three o'clock the new Lord Mayor, accompanied
by the late one, the Recorder, and the Civic authorities, appeared
in Court, and invited the Lord Chancellor to the Civic
banquet this evening. We understand that the cause of the Lord
Mayor arriving at so late an hour was in consequence of his Lot dship
not being enabled to land at Westminster-bridge, the state of the
tide rendering it necessary for him to proceed as far as Vauxhall.
bridge, and from thence to Westminster.hall, in his carriage.

ROLLS' CoUitT, Nov. 10.
PRICE V. PRICE.

This was a case in which a demand was made for certain costs.
The parties were brothers.

His LORDSHIP, in giving judgment, reviewed the whole case. He
said that it happened in this case, as it frequently did in transac-
tions between parties so nearly allied as the plaintiff and defendant,
who had implicit reliance in the same solicitor, while they had a
seperate interest, and who made no provision for any contingency
that might arise. The circumstances of the case were
simply these:—The plaintiff; in the year 1815, becom.
ing embarrassed to a considerable degree, determined
to go abroad, but bc fore he departed, being desirous
that his property should be managed in a manner the most con-
ducive to his advantage, he executed certain deeds which pur
ported to be an actual conveyance of his property to his brother,
the defendant, who undertook to manage or to superintend the
management of the same. After two years absence the
plaintiff returned, the property being still managed by the de-
fendant ; the expenses incidentally incurred to be paid by both
parties. It had been urged that this was a case of mere trustee •
ship, of mortgage, or of agency. It certainly was not a case merely
of trusteeship, because there was no evideace to show that in the
deed of conveyance the defendant was vested with that character
merely, for he was at the same time empowered to manage the
property. For the same reason it could neither be a case of simple
mortgage or of simple agency. In fact the character in which
the defendant stood was 'a compound of these three rela-
tions. It appeared that the parties differed in 1829 or 1830,
and the plaintiff demanded the legal estate to be returned, which
the defendant resisted, alleging that he had claims which should be
first settled. A bill was then filed in Chancery by the plaintiff,
and defendant's demand of 2,400/. was reduced to 8001., of which he
had established his claim only to 781. Now perhaps the demand of the
defendant was just, but as he could produce no vouchers for the same,
he must take the consequences of the position in which he stood.
The present application by the defendant for the costs of the suit
it would be hard to grant, when be had failed to establish his
claims. Nor did be think defendant entitled as mortagee, when
there did not appear to be any mortage ate all. Under the cir-
cumstances he would not grant costs on either side, the expense of
the deed of re-conveyancing must be borne by the party taking
it out.

VIOE-CH ANCE L LORS' COURT, Nov. 10.
(Before Vice. Chancellor KNIGHT BRUCE.)
ROBINSON V. DE LIZARD!.

A demurrer was put in on the part of Messrs. De Lizardi end
Co. against the bill of the plaintiff's, that the Mexican Government
had been made a defendant, and that the active holders of Mexican
bonds were not sufficiently represented in the case. It appears
that the active Mexican bondholders filed a bill some time ago, re-
quiring the Messrs. De Lizardi and Company, the late agents
for the Mexican Government, to pay over to Messrs.
Schneider and Company, the present agents, for the payment
of Mexican bonds, the money remitted from Mexico far this pur-
pose to M. de Lizardi and Co. But ou the ground of claims
against the Mexican Government M. de Lizardi and Co., as having
been the agents of the Government ai.d not of the bondholders, re.
fuse to pay over.

Mr. Wigram, Q.C., and Mr. Fleathfield were heard for the de-
murrer, Mr. Russell, Q.C., and Mr. Maylins for the plaintiffs.

His HONOUR overruled the demurrer, but without prejudice to
the answer afterwards to be made, and that the cause should be
proceeded with; the defeodants having the benefit of the demurrer
when that answer has been made.

COURT OF EXCHEQUER, Nov. 10.

HILL V. HASWELL.

This was an action on a case for an assault and false imprison..
ment, to which the drfendant having pleaded not guilty and justi-
fication, the case was tried at nisi prius before Mr. Baron Platt,
on Tuesday last, and a verdict returned for the plaintiff, with 1501.
damages. - -
Mr. JERVIS now moved either for a new trial or a rule to show
cause why the damages should not be reduced. The facts of the
case were simply these. The plaintiff was a parishioner of the
joint parishes of St. Bennet, Gracechurch.street, and St. Leonard's,
Eastcheap, and the defendant was the churchwarden of the same
parish; a short time ago the p:aintiff attended at the vestry, and
demanded to see the rate.book, and on his receiving a fiat refusal,
he put his arm across the vestry table with the intention of reach.
ing the book. The defendant, who observed this proceeding, imme-
diately seized him, and the result was that a scuffle ensued, a police.
officer called in, and the plaintiff' given into custody. The plain-
tiff was taken before the Lord Mayor, who determined upon
sending the case to the sessions, binding the plaintiff over in ex-
ceedingly heavy damages, (6001.), and the plaintiff being unable
to procute the bail immediately, he was conducted
to the Compter, and there confined from the Satur-
day night till the Monday morning. Eventually the case
came on for trial at the London sessions, when it was clearly
proved that no assault had been committed on the defendant, and
of course the plaintiff was discharged In respect of the defendant's
case, but he was convicted of an assault on the vestry clerk, who
prosecuted jointly with the dcfendant and another. The plaintiff
therefore brought his action for the false imprisonment, and ob-
tained a verdict for 1501., and the Learned Counsel now moved on
behalf of the defendant that the damages should be reduced or a
new trial had.
Sir FREDERICK Pottoow—Take a rule to show cause.
Mr. Jeav is—Very good, my Lord. If the plaintiff will take
reasonable damages the Court will hear no more of the case.