Star.
London, England, 1829-11-19 00:00:00

LAW INTELLIGENCE.

VICE-CHANCELLOR'S COURT, Nov. 18.
INJUNCTION.
Ewa V. VIVIIIIIII.
The Soucrloa-Gamaaar. applied fur an ex-parte injuction to res-
train the defendant, who is the master of the ship Rose, from sail-
ing out of the port of Exeter, or any other port of the United
Kingdom, to any place beyond the seas. It appeared that the
plaintiff, Hannah Maria Ellis, in 1827, became possessed of six-
teen shares in the vessel, the defendant and another individual
being the hol len of the where. The defendant acted as the ship's
husband, and received and paid all moneys on account of the part-
nersiip concern. The .hip had now performed several voyages,
from which con.iderable profit had been realized. Of those profits,
however, he had rendered the plaintiff no accortut. and she hearing
the other day that Webber was preparing for another voyage, was
obliged to resort to this as the only means of securing her rights.
The Vacs-Csrawczxxos granted the injunction as prayed.

COURT OF BING'S BENCH,—Nov. 11.
Till LIM IP. moncutunost•
This was an appeal under the Hawkers and Pedlars Act.—The
defendant had been in the habit of purchasing berm or yeast at
different times, and selling it at Nottingham to such persons as
were in want of it. He was convicted by the Quarters Sessions.
It was now contended, in support of the decision, that yeast was
not included in the exceptions of the Act which were allowed to
be so hawked.
The Cones decided that the conviction of the Quarter Sessions
was improper.

BOLLAND V. 11OLLAIID.
Mr. Aacnaoto chewed cause against a rule obtained by Mr.
Knowles, for allowing the defendant his costs. The application
was made on the 45d of George 111. which gives the Court autho-
rity to allow the defendant kis costs in every case where there Ls
great discrepancy between the sum demanded and the sum found
by the Jury to be due.
The parties are brothers, carrying on the business of booksellers
at York. The plaintiff arrested the defendant for £lOB, and the
Jury found a verdict for £l5. There was an imputation of malice
on the part of the plaintiff, who was incensed against the defendant
(according to an affidavit,) because he bad commenced the trade of
a bookseller in York.
Mr. Ascusotn now produced the plaintiff's affidavit in which
there was a denial of malicious feeling. Ir was, on the contrary,
asserted that the plaintiff bad instructed his attorney to avoid if
possible bringing an action. The small amount of the verdict was
attributed to the ignorance of a witness, who was unable to state
the amount of the prices attached to a list of book► sold to the
defendant. The Learned Counsel contended that the rule ought
to be discharged.
Lord TRNTRILDIN-.4 think, on this enormous difference, where
a man arrests for £lO5, and recovers only £l5, be ought to pay
the costs.—Dale made absolute.
COURT OF EXCHEQUER, Nov. 18.

MI also P. POMO.
Mr. Baron Boman!, came into Court this morning, and after
bearing a few motions of course, he was joined by the other
Judges, when
Sir CnaaLss Wrruzsett-resumed his argument in support of
the objection to the jurisdiction of the Court raised on Tuesday by
the Solicitrir-General. The Learned Counsel, after alluding to
the enormous mass of affidavits and pleadings, which he described
as being sufficient to paper every room in the Custom House, not
even excluding the long one, said he would draw their Lordships'
attention to what he considered the principal point in this import-
ant case, viz. the construction of the Statute of Henry Eighth.
'That-Statute certainly gave every facility of defence to an indivi-
dual sued by the Orono, but it never intended to give two separate
and distinct modes of defence to the same cause of action. It was
absurd to suppose that aCrown debtor had one defence at law and
another at equity. When a party was sued he must at once set up
his defence, and if he can show any cause in bar of such action, be
ieentided to the benefit of it, but If he fail in so doing, be has no
right under the Statute' to appeal to:the equitable jurisdiction of
this Court.
Mr. Exiour.—lf not under that statute, I shall be able to show
he has such a right.
,Sir -Cua sacs Wzrazazta,—l am glad to hear yon say so, but I
must deny it. Mr. Peto's Counsel now jay. " Oh, we have only
failed in our legal defence—we don't mind that, as we base an
equity defence to make." If this is a proper construction of the
Statute, what becomes of the mod eminent lawyers that ever
walked Westminster Hall? Where is the value of the opinion of
the Scarletts of former days—(Great laughteror Pepys and
Knights of the present day? He was willing to acquit Mr. Peto
of any fraudulent neglect—he was willing to acquit him of any
neglect whatever ; and suppose that he had, to the best of his abi-
lity, performed his part of the contract in a most honourable
manner. He would even go farther• and suppose the falling down
'of the Custom-house was purely accidental, yet still he must con-
tend that under the terms of the contract entered into by Blr.Peto,
he was liable to the Crown for the full penalty of the bond.
Mr. Baron VauorsaiF—The only ground pleaded on the trial by
Mr. Peto in justification of breaking tie contract, by not driving
the piles into a bed of gravel, was, that there was no bed of gravel
to be found, which was negatived by the evidence,: and the Jury
found on this issue for the Crown.
Sir C. Warozazu.—Exactly so, my Lord, and the present pro-
ceeding is one of the utmost importance to the public, not as it re-
gards this 'particular case, but if allowed, it goes to introduce
another practice in all cases where the Crown is concerned, by
letting in a new species of jurisdiction. The Crown would .never
be able to make any judgment it obtained available. If this pro-
position is to be supported, there is not a public officer, from a Re-
edier General down to the lowest officer who gives a bond, but
what, if he should be sued for the penalty, and a verdict given
against him, would tura round and say, why I have fai'ed in my
legal defence,.but I have a good defence at Equity, and will file a
bill in the Court of Exchequer against the Crown or against the At-
' trirbey General. If, as he before said, this practice was to be esta-
blished, it would lender all judgments obtained in a Court of Law
unavailable and nugatory, and the Crown debts must be continually
locked up. The Learned Counsel concluded a most animated and
eloquent speech by contending, that the equitable jurisdiction of
this:Court could not interfere in preventing entering up judgment
obtained on a bond at common law.
Mr. Waal' followed on the same side.'
CONSISTORY COURT, Nov. Is.
(Before Dr. Lushington.)
JUDGMENT.
WYNXII aaatx.T MTltllll.
In this case, which was a suit instituted by Grace Wynne
against her huslased, for a restitution of conjugal right..,
Dr. Downs( appeared on behalf of the wife, and read the pro-
ceedings in the case In answer to an allegation on the part of
the husband, that at the time of marriage the wife bad a former
husband living, affidavits were produced denying the fact. Dr.
Donsox prayed the judgment of the Court in favour of the wife,
with costs.
The husband's Proctor not being in Court, some delay occurred.
On his arrival justice was prayed.
Dr. LVIIHIMOTON said it was the duty of the Court to pronounce
in favour of the Wife. The marriage of the parties in Anglesea,
On the 6th 'tine, 1816, was fully proved, and no cause, bad been
shown why judgment should not be pronounced in favour of the
wife, which the Court could hear. He therefore decreed, that the
husband should take his wife home and treat her with conjugal
affection, and make a return to such effect in the next Term—
The wife havirig costs.

About four o'clock on Wednesday morning last, the
inspector of the newly-established watch at Guildford ollserved
three men very heavily loaded ; and on questioning the parties they
stated, that they bad bought some hops at Farnham, and were
obliged to leave their cart on the road, the horse being knocked
up. They' were very properly watched ; and on their nut depo-
siting then at the place they said they intended, the officer tol-
lowed and apprehended aU of them. The men were committed
for rr-examination•-I(akistene Casette.
Yesterday evening an inquest was held at the London
Hospital on the body of Henry White, a mechanic, aged 26. It
appeared that on the lit instant the deceased and a shopmate of
his named Gill, had been spending the evening at the Cherry-tree
public-house, at Bromley, and on his return home at night, slung
the. Bromley New-cut, he was met by a ruffian, whose object, no
doubt, was to rob him;-and 'a ho struck him a violent blbw on the
forehead with a bludgeen, which so stunned hint that he instantly
fell into the water. lie almost instantly, from the cold of the wa-
ter, recovered front the running effects ot the blow,but perceiving
.his assailant, standing on the bank, and apparently waiting for his
relurtl, .ittt swam ttclise opposite side of 'the canal, and thus evaded
'further &tun. Or foundia deep•wwtnil ota his forehead which
gave him great pain, and on the litif instant be want into the hos-
pital. The wound was not mullet, but it produced•lock-jaw and
edeath. The Jury, after doing deliberation, returned a verdict—
" That the deceased's death war caused by a leek-jaw, produced
by a wound on the foteltead,- but by whom-it was inflicted there
was no evidence to show."