Star.
London, England, 1831-05-04 00:00:00

LAW REPORT&

COURT OF CHANCERY.
SHIRLEY V. LORD TERAZIA.
On the application of Mr. Kumar, an injunction granted in this
case to restrain the defendant, Lord Ferrer., front cutting down orna-
mental timber, was extended to the purchasers of the timber generally,
who are also defendants, but who were not before included in the ceder.
TORII V. CASK.
Mr. AGAR and Mr. DUCKWORTH appeared upon an appeal from
an order of the Vice-Chancellor. Sir John Tobin, Mr. Lumley, and
Mr. Cass, were elected assignees of the estate of Mews. Ogle and Wal-
ton, of Liverpool, who became bankrupts in 1804. It was the duty of
the to pay the proceeds of the bankrupts' estate into a Liver-1
clogs, loose. They had chosen to pay them into the homiest
Cs which failed in 1612, and in which Mr. Cass war S
WNW. When a sum of between 5,0001. and 6,0001. bad been paid late
disk eeseset, Mr. Cass died, and the object of this suit was to sulo.
vir plat his executors the amount due, witb interest, at 5 per eat.
is die ground that the assignees bad failed to perform their duty, ay
paying the bankrupts' effects into a house net within the directions of
the assignment to them, and that Mr. Cass had been cognizant of diet
breach of trust. The Vice Chancellor, adopting these views of the
ewe, decreed the payment to be made by the executors, with interest at
pia cent.
Mr. Sotictzon Cinwsnat. and Mr. Eon now (misted that this de.
ace was wrong, and although they admitted that Mr. Cass's estate wail
liable for the principal, denied that he ought to be charged with the Is.
tercet.
The Loan Cuaxcezioa said it appeared by the evidence, that al.
though Mr. Cass was a partner, he was little more than a merely
nominal partner, and there was no ground for saying that he took any
active part in the proceedings or dealings of the firm. He did not
appear to have wittingly violated his duty as a trustee, and his Lordship
thought be ought not, under the circumstance, to be called upon to
pay interest. The appeal was therefore allowed as to the interest, and
the question of costs reserved.
His Lordship said he was desirous of reducing as much as possible
the number of appeals. When his Lordship assumed his present
office there were 110 appeals, of which only 45 remained, and of
these he trusted be should be able to dispose before the Parliament met
again. He should then devote himself to reducing the pressure of busi-
ness in the Vice. Chancellor's Court.
ROLLS COURT.
His Howoua this morning, at the sitting of the Court, Intimated
that, in consequence of a representation that had been made to him, he
should, in order to meet the convenience of the bar, not sit again till
Thursday.
COURT OF KING'S BENCH, Mar 3.
THE COLLEGI OF SURGIONS V. WARLIT AND OTHERS.
Sir J. SCARLET? applied for a rule to show cause why a almlnal
information should not be filed against Mr. Wakicy, the Editor of the
Lan.vt, and others, under the following circumstances :
At a meeting of the College of Surgeons, lately held, Mr. Watley
and other individuals attended, and interrupted the proceedings, so much
so that the President was obliged to leave the College. After be was
gone, a Mr. Walker was elected to the Chair, and the meeting proceeded
to pass resolutions reflecting on the character of the College and the
President and Council. The noise was so great that it was deemed
right to call in a party of the police for the purpose, if possible, et
ejecting Mr. Watley and his party, but the latter overpowered the po-
lice, and turned them out of the Theatre of the College but a stronger
party of police having been obtained, the opposers of the Pied.
dent and Council were forced out of the place of meeting. Oa
the 11th ultimo the resolutions passed at the meeting were pub-
lished in the Lancet. These resolutions reflected strongly on
die College, and declared that the President and Council paid no
attention to the respectability or interests of the w 1 —4e. In a subse-
quent number of the Lancet, It was broadly stated, that the object of
Mr. Walley and his party was to overthrow the council of the college
altogether. These were the general facts of the case, and the
against whom he (Sir J. Scariett) moved, were Mr. Walley, edrogedeoll
the Lancet, Mr. Walker, who acted arehairman after the president had
left, and Messrs. Mai:donne!' and King, the mover and seesoder of the
resolutions. The object of the president and council in applying foe
this information was not to gratify any feeling; of revenge, all they
wanted was the protection of the court against any future attempt of imt
offending parties to renew the riot anddisturbance. Since the circumstance
in question bad taken place, the theatre had continued closed, it being
feared that were it opened a repetition of the disturbance would take place,
and the consequence was that the proceedings of the college were at a
standstill ; and although it was n that 24 lectures a year should
be given at the college, the president and council were unable to go on
with them for the fears befit* alluded to..—Rule to chew cause granted.

THE KING V. THE JUSTICES OF BANDON, IN ESSEX.
The ATTORNEY-GENERAL applied for a imandamus to oblige the
magistrates of Sandell to indenture certain pauper apprentices to mari-
ners, which they had been called on to do by the parish authorities, but
which call they refused attending to, without giving any reason.
Lord TENTERDEN asked if the justices were not empowered to ex-
ercise a discretion ?
The ATTORNEY GENERAL thought not.
The Court granted a mandamus, calling on the magistrates to bear
the case, and state their objections.

POLICE REPORTS.
Ciumnsal.r..—Mr. Robert Whalley, cheese factor, of Aldgate, ac-
companied by his solicitor, attended before Mr. Alderman VENABLE/
yesterday, to tender himself to be examined touching some damagedone
to his windows on Wednesday night last, and be bound over to pease-
cute the offenders, if they should be diaoovered.
Mr. Beresford, the chief clerk, euggeeced that the Magistrate meld
not take cognisance of the matter, meths windows bad not been broken
feloniously, which the terms of be Aet fee afkrding essopeasation
sequired.
The solicitor submitted that another opportunity of discussing this
point would arise before the compensation could be ordered.
Mr. Alderman VaxasLas was desirous of giving every facility Is
his power, but if the Act of Parliament was clear upon the suipeotomd
no retirees could be afforded where the damage was not done fekakemilip,
be ought not to suffer the applicant to take this useless step of enter•
in g into a recognisance.
The Solicitor observed that it was the province of the Petty Said=
to judge of the circumstances, and if the Magistrate decided againstios
miring the recognizance, he, upon his own opinion, only anticipated
the duty of the Petty Session, and deprived applicant of the means of
bringing the question before it.
Mr. Whalley said he should not have sought to recover for the des.
mgge, if he had not received some anonymous letters, threatening to do
more serious mischief to his premises upon any similar occasion. As
to the difficulty started by Mr. Beresford, there was a difference of opi-
nion among the Magistracy about it. The windows of his private
house in Essex had also been broken, and there no objection had been
raised to this preliminary step of taking his recognisance to prosecute.
Mr. Ald. Venantss had no wish to prevent Mr. W. from appealing
from his construction of the statute to the opinion of two Magistrates.
The receiving of the recognisance was not an admission of his claim, and
therefore he should not object to it any further.
301/-/TREET.—A great number of persons, who had their windows
smashed on the night of the illuminations, applied yesterday to depose
to the fact, in order that they might proceed fur the amount of the
damage out ut the county rate. They all bore testimony to the ma-
tions of the police. Among others, the proprietor of the M.
Post applied; but there seems to be a difficulty, that the damps wee
done by persons unknown, who, by going away quietly naps
tived the felonious intent, which the Act of Parliament
to be necessary. This may lead to some discussion at the sessions,
Robert Tyne, the old Scotch sailor, who was examined for having,
by means of false pretences, defrauded lie. P&Millan, printer, Bow-
street, out of 21. 2a 6d. was fully committed for trial.
In the pocket of James Dockery, the unfortunate man who is alleged
to have been murdered, were found written on a piece of paper, in his
own hand, these lines :
If life were a thing that money could buy,
The rich would live, the poor alone would die.
MA/LBONOUGH.STEEZT.—Yesterday Mr. Thomas Cannon, an ex.
pugilist, and landlord of the Castle public.bouw, in Jermyn.street, St.
James's, attended at this office, accompanied by his wife, to prefer a
charge against William Reynolds, an informer.
It appeared that, in consequence of some card.playing having taken
place in Mr. Cannon's house, the prisoner consented to take a mova
reign not to lay informations against the landlord, who accordingly left
him the money at a publie-bouse where the informer occasionally
resorted. On Thursday, however, the prisoner called on Mrs.
Cannon, during the absence of bar husband at the Windsor elec-
tion, and said that Mr. Cannon had promised him a sovereign, if
be would withdraw the inforrnatioos foe card-playing spina him.
The informer then pulled out some papers, and observed that he had
withdrawn the summonses, which he would destroy. He acesmilimgly
tore the pa up before Mrs. C. who, believing them to be die ania.
menses against her husband for suffering gam is fah haus% which
would subject him to M. penalty in each case, headed wee
half a sovereign to the prisoner; bit on his caning far a lodise
supply of money, Mr. Cannon had returned home, and be gave the
informer into custody.
The M4smse Indeed the prisoner to stood rentsaded sill FeMay
but he would take belles 1 hours' uses big Kim ihr his offser-
sem on that day, is ardor that Mr. &Esse might in the neenthos
az,is,f he thought , a bill of indimosent at the Westminster
either At ettttdsa, or Amble( maw under files
Soon after the siting Ilsghtmes, CONANT' Ribttaitcyn
his seat on the bomb, a oedema hem the Marquisdceagin
said be wished to Meow wheelie the Megistrate could reader Wm any
assistance 'opener* a resempsess the injury dons to his property
on the oesiM illsmisades es Wednesday lost t
The gusimmilmoted est WINO twelve sod one 'Week es Thera.
day mardeg, a hoe ash stprinees Imelegml his lordrbies midmost in
Park-Ism, and semmused prlSog the window, and popery was as-
segai. the mamma el betimes 7001. and 1011
ilegissatas said that se nildavit alma be drawn up,
, tbs empunt of the injury, rod vas simmer in which it was doos,setag