Star.
London, England, 1830-05-07 00:00:00

CHESTER RACES—Szcown DAY.—MAY 4.

His Majesty's Plate of 100ieas.LThrio;;;:1413d.
Sir T. Stanley's ch. C. Mayfly, aged,9st. 101 b.. —. • .....(Lye) 1
Mr, Applewhaite's ch. c. by Grand Duke, 4 yes, Bst. 21b 2
Mr. Yates's b. f. Beatrice, 4 yn, Bst. 71b.—Mr. Fuller's ch. h.
Gamelius, 8 yrs, 9se. 101 b.—and 31r. Webster's br. h. Murillo, 8
yrs, also started, but were not placed.
A Sweepstakes of 90 govt. each, for three years old Allies, Sat. 41b.
each.— Once round and a distance.
Sir T. Stanley's b. f. sister to Spectre ~.. . (Lye) 1
Mr. Critcldey's br. f. Brunette.
Mr. Yates's b. f. Evelio*, and Sir W. Wynn's bl. f. Georgiana,
also started, but were not placed.
A Handicap Stakes of 3u tom. each, 10 ft. for three and four years
old.—Once round, and a distance.
Sir T. atan's b. f. Sprig, fist. 7lb
Mr. Richa's b. c. 4 yrs, 7t. 81b .•
2
Sir W. Wynn's ch. c. Sir W ter, 4 yrs, let. 61b . 3
Mr. Yates's ch. c. William Tell, 3 yrs, flat. 71b
The Members Plate of HO Guineas, kr three yews old .** (ist.
81b. and Ines, est. 81b ; &sr years di colts, Out. 41b. awl Dies,
Bst. ISL.—Two mile beats.
Mr. Beardsworth's br. g. bdermaimee, 4 yes—
Mr. O. Gore's br. g. Bgmeget, 4 yis .
Mr. Houldsworth's b. e. Absi, 4 1n.....
Mr. Jackson's b. c. Huard, 4 y 55...... ... 0 0
Mr. Turner's b. c. Navarino, 4 7111 . . 0 0
Sir G. Pigot's b. f. Fanny Rambles,
3 yrs ....• ...• 0 dr

LAW INTELLIGENCE.

ROLLS' COURT, MAT S.

PUBLIC CHARITIES..-THE ATTORNEY-GENERAL V.

HUTTON.

Mr. PEM BERTON stated this to be an information Sled
at the suit of certain relators against Mr. John Hutton,
and (inter alia) it prayed a reference to the Master, to
settle a scheme for the future arrangements of this cha-
rity. Under the will of a charitable archbishop, who
I lived in the sixteenth century, a free grammar-school
was established, an hospital, and certain alms-houses,
upon an estate called Marks, in the parish of Warton.
The charity had, through various hands, at length de-
volved into those of Timothy Hutton, the ancestor of the
present John Hutton, and there appeared to be two sums,
one of 241. and the other of 221.135. 4d. which had been
applicable for the support of this charity. In process of
time, however, the charity gradually dwindled away,
until in 1808 it ceased to be conducted as a free gram-
mar-school. The scholars were suffered to go unedu-
cated—the hospital was occupied by paupers, and the
alms-people gradually died off. Mr. Hutton, however,
still continued to receive the 241. and 221. 13s. 4d. a-
year, and, in 1815, Mr. Hutton doubted his liability to
pay any part of the money. At length, this charity
fell, with others, under the cognisance of the Com-
missioners of Charities, and the matter was then fully
inquired into. When summoned before these com-
missioners, Mr. Hutton expressed strong doubts whether
he was liable to pay any portion of either of these
two sums of 241. and 221. 13s. 4d. but admitted,
that from the years 1795 to 1815 be had paid the'
221. 13s. 4d. It was under these circumstances that this
. _ _ _

information bad been filed, and the question was whether
Mr. Hutton ought not to be declared liable to pay both
those sums from 1815 to the present time, with interest at
51. per cent. upon the balance, with annual rents during
the whole of that period ? Mr. Hutton, it appeared, was
a banker, and had kept these moneys in his hands, with-
out an attempt being made to account for them. The
Learned Counsel said, he should be sorry to use harsh
language to any man, but he could not avoid stigmatising
such conduct as most fraudulent. For a period of fifteen
years this money had, without any pretence, been retained,
and the charity had been deprived of the benefits arising
from the money, now accumulated to a large sum. This
could not be stated lower than about 6001. which, added
to the interest, would be something more than 1,a901.
Mr. TINNILY', SS counsel for Mr. Hutton, admitted
that no account had been rendered since 1815 ; but the
sum was so small and trifling, that it might well have
been overlooked without any intention to defraud. Mr.
Hutton had no such object as was attributed to him, and
vas now willing to account before the Master, if the
Court should think proper. It was, however, hoped that
the Court would not compel the payment of interest,
either with or without annual rests.

The MASTER of the ROLLS, without hearing any re-
ply, immediately directed a reference to the Master to
settle a new scheme for the future management of this
Charity. Could the Court entertain a reasonable doubt,
but that Mr. J. Hutton was liable to the payment- of the
whole sum, from 1815 to the present time ? For a cen-
tury before 1815, when the payments ceased, the sum

' bad been regularly paid, and Mr. J. Hutton could not but
be aware of the fact. He could in no manner be justified
in retaining either the 241. or the 221. 13s. 4d. and ought
now to be made accountable. His Honour then declared
that the estate of Marks was chargeable with the pay-
ment of these two sums, and directed an account of tho
Charity from 1815 to the present time, with interest at
51. per cent. and with annual rests during tho whole of
that time ; and the costs of the Attorney-General, the
heir at law, and the Minister, to be paid out of the estate.
The Master was also to approve of a scheme for the fu-
ture management of the school, and the appointment of
a Warden and Governors, as required by the will of the
founder. _ _

Mr. Ti ?IN LY asked if the whole costs were to be paid
by his client ?
The MASTER of the Rotas : Yes, Mr. Tinney, the
whole costs. Your client has occasioned the whole of
these proceedings—has kept this money under a most
unreasonable pretence—and must pay the whole costs of
the suit.

THE ATTORNEY-GENERAL V. THE LEATHER-SELLER.'

COMPAN Y.

There were three informations involved in this matter,
all filed against the said Company. With respect to the
first information, the short facts were these :—ln Sep-
tember, 1601, a charity was formed by Mr. Rogers, and
land had been purchased for the purposes of the charity.
Of this, a lease for 65 years, at a rental of 981. a-year,
had been granted, and had expired in 1813. Since that
time, another lease had been granted, at an increased
rent of 2311. a-year, but the whole produce of this cha-
rity had been four college exhibitions, making in the
whole about 641. a-year, so that the remaining sum was
I wholly unapplied.
Mr. PEMBERTON, who opened this information, said
that the object was to have an account, and to compel the
proper application of the moneys.
Mr. BICKERSTETH, On behalf of the Leather-sellers'
Company, stated that there was no intention to defraud,
or to deprive the charity of that to which it was entitled;
but it so happened that the Company were in possession
of the funds of various charities, and the different sums
had, for the sake of convenience, been apportioned, and
divided, and while some charities had more, others had
less than otherwise would have been given them. The
whole of the charities being taken together, it would be
found that the Company had rather exceeded than less-
ened the total amount.
His HoNova, in respect to this individual charity,
directed an account of the moneys applied since 1813 for
the purposes of this charity. The Court would (if the
statement were found to be correct) of course make al-
lowances for any over-payments made in respect of other
charities.

Similar directions were then given in respect to the
other two charities, which wore similarly circumstanced
with that of Mr. Rogers, and the Master was to approve
of a new scheme with respect to all of them.

lISI.LOD, D. MLNET AND CO.

This bill was filed against the defendant under peculiar
circumstances. Under his father's will, Mr. Mellor be-
came entitled to five per cent. stock to the amount of
4,5001. and becoming embarrassed in his circumstances,
was induced to enter into a contract with Cooper, to sell
the reversion of the sum to him for 1,0001. Deeds were
accordingly prepared ; but Cooper, with the view of con-
cealing the real nature of the transaction, got the plaintiff
to make the consideration money 1,5001. more than the
sum actually given for it. The plaintiff was at the time
in confinement, and, compelled by his necessities, was
induced to execute the deed in question. Subsequently
to this transaction, Cooper had dealings with the defen-
dants, Minet and Co. and a sale was made of this rever-
sion to that house, for a sum considerably above what
Cooper had given for it. This bill was therefore filed
against the defendants, to rescind the transaction be-
tween the plaintiff and Cooper, as well as with Minet
and Co.

His Honour granted the prayer of the bill, and com-
mented in strong language upon the fraudulent nature
of the transaction as concerned Cooper. Minet and Co.
were perfectly exonerated from all suspicion ; but as
they had purchased the reversion under such circum-
stances, they could not be permitted to adhere to the
purchase. The prayer of the bill was therefore allowed
with costs.

COURT OF KING'S BENCH, MAy 6.
(Sittings in Banco.)
_ . _

The Grand Jury for the County of Middlesex was
sworn. Mr. Justice Bayley gave them the usual di-
rections, and informed them that nothing extraordinary
was likely to come before them.
Sir Cockburn, as surveyor of Marines, and Mr.
D. Wilkie, as Portrait Painter to the King, took the oath
and declaration required by law.