Star.
London, England, 1829-11-13 00:00:00

LAW INTELLIGENCE.

COURT OF CHANCERY, Nov. 12.
unsacv.
A Gentleman behind the Bar applied on behalf of the Commit-
tees of a lunatic, for leave to transfer £10„000. three per Cent.
Bank Annuities, into the name of the Accountant-General, to the
credit of the lunatic, and also a sum of £1,500 as they should re-
ceive it. The object of this was to have the amount of their secu-
rities reduced; and the petitioners consequently further prayed,
that they might be at liberty to bring in, pee taste, reduced securi-
ties, and have the old ones cancelled.
The Loan CSAIIICILLUR granted the prayer, so far as went to the
paying in of the monies, but considered it would be necessary for
the Committees to make a separate application with regard to the
nature of the securities, after the monies had been paid.

VS TYL MATTZA OF HAIATFAD, ♦ lIANKIMPT.
Mr. Wnensaassi applied upon a petition for an order to super-
sede a Commission of bankrupt that had issued, but bad not
been opened. on the ground that all the creditors had agreed to
take a composition in discharge of their claims, and were about
entering into a deed to this effect.
The Lout CHAINCELLOL inquired if all the creditors, without ex-
ception, had agreed to the proposed composition, and were desirous
of having the Commiuloo superseded.
Mr. WIIFMAIISH observed that the affirmative was distinctly
sworn to.—Supersedeas ordered to issue.
VICR-CHANCELLOR'S COURT, Nov. 12.
The Court took motions to-day, but no case of soy importance,
except to the parties, came before his Honour previous to our leav-
ing the Court.
COURT OF KING'S BENCH, Nov. 12.
DAVIS/ V. CAFFEIN.
Lotd Tureen= gave judgment in this case this morning. The
action was brought by a party for a malicious prosecution. The
plaintiff having been charged with felony, was committed by the
defendant, a Magistrate, for re-examination for fourteen days.
The declaration stated that the plaintiff had been imprisoned for an
unreasonable length of time,' the defendant having the improper
motive of obtaining a confession of the felony by those mean•.
The Jury on the trial found that the length of time was unreason-
able, and gave £lO damages for that count, but found that the act
of re-commitment by the defendant was bona fide, and that he was
not influenced by the undue motive of obtaining a confessloa. A
motion was then made to this Court for a rule Nisi, to set aside the
verdict, on the ground that the form of trial was improper, and
that instead of bringing an action for a malicious prosecution, he
ought to have brought it before the Court u a special case. as the
Magistrate had been found to have acted bone jirk. The Court,
however, were now of opinion that. as the cutest of time was
found to be unreasonable.' the trespass, bad been continued
from day to day beyond the time which mast have been consi.
dered reasonable : they therefore decided that the plaintiff had
used a proper form of action, and that the verdict ought not to be
disturbed.—Rule refused.

IWO& AND OTHISI P. DONCOMIIIL

This action was tried at the last Sittings at Guildhall, when a
verdict was returned for the plaintiffs, damages .C 2,370. It was
brought on a guarantee given by the defendant to mown and Co.
distillers, at Aberdeen, to secure them front incurring any loss
from their Agent in London. The plaintiffs no the record were
five in number, and it appeared that one of them was not entered
at the Backe ()Mee as a member of the firm, but carried on the
business of a retail dealer in whiskey, within two miles of the dis-
tillery, contrary to the Act of Parliament.
Mr. Pou.oce now applied to the Court to enter a nonsult, on the
ground that the plaintiffs could not recover, as they were carrying
on an illegal business. The Learned Counsel cited several cases
to support his argument, and contended that the retail business was
carried on in frond, and not in error, for the parties had taken
care not to enter the name of the partner in whose name the retail
business was carried on. but he had joined ass plaintiff in this
case. therefore the action could not be maintained.
Lord Tensaw:it said that the Court would consider the case,
and the decision would be mentioned on a fours day.
COURT OF COMMON PLEAS, Nov. 12.
TOMS AND ANOTHaa v. eNAILLICI.
This was an action to recover damages against the defendant, far
r=it false character to a person named Jacques whereby the
alleged that be had sustained great loss. The Jury gave a
verdict for the defendant.
Mr. Sergeant Wane now moved for a rule for a new trial, co
the ground that the verdict was contrary to the weight of evidence,
and the Court granted his application.
ralanin AND AMIN'S V. MILL AND ANOTnaa.
This was an action to recover possesden of certain deeds film,
the defendants, as belonging to the estate of a bankrupt.—Verdict
for the plaintiffs. •
Mr. Sergeant Tenor moved for a rule for a new trial, on eltiec•.
dons to the proof of bankruptcy put in; but the Court reflood the
application.

EXCHEQUER CHAMBER, Nov. 12.
TOWN 11. MeSCHANT.
On the Lasso Cum Mum coming into Court, he proceeded
to pronounce judgment la this case, which was a bill filed by
the Vicar of Lisan la Hertfordski e to recoversan, all the tithes,
except those of pain and corn, of the farm of Alnswkk, in that
parish. The Defendant. says the Vicar, is not entitled to the
small tithes of the farm. except a portion of it, consisting of 49
acres, it having formerly belonged to a monastery; and that the
Vicar in consequence could not claim the tithes. There is no di-
rect evidence to show the Vicar's right, but there is a great quan-
tity of secondary evidence which clearly proves it. Some of
this evidence escalated of vicarial hooks about the commence-
ment of the last century. The first' entry was in the year
1574, for small tithes of this fin= 21. ISt. in 1714, for tbe
same, 51. Is. in 1715, 41. 14s. ad. in 1745. 41. 156. ad.. sad
continued so until 17411 inclusive; in 1760 and 1761, the small
tithes were 61. in the year 1770, they were 61. 17s. and re-
mained MI for some time afterwards • and latterly the tithes in.
greased considerably. These entries proved that small tithes
bad been paid for this farm, and there was. no hint that they were
• for only a part of it. From the evidence that haa.been produced,
it does not appear to me that tithes were paid for the twenty-nine
acres only ; and it is my opinion that the Defendant has failed to
establish his case; It is defective in a most important pinta, via.
that of modern practice. The Defendant .has also produced no
evidence that the hod was the property of the monastery, and that
at the dissolution it passed to the Crown. There is no evidence
that the small tithes belonged to the impropriater and therefore
• the Plaintiff is entitled to the prayer of his bill, which is, that an
accOsint be taken of alt the small tithes of the farm in question doe
since tte 29th of Oct. 1823, said that the sum found:lo doe may •
be paid to the Plaintiff—the emus to go with the, decree.
ADMIRALTY COURT. Nov. 12.
Tea uceimealsot .11ALIFILGIL
This was an action by the owners. officers, crew, and chatterers'
of the Wanstead, for a-compensation for sesseices semiarid to aloe .
Neinfiebel, which,is s voyage from Manilla to Lellien. had been
run foal eit and damaged. When shalom was opened„freppeared
to be the wish of the Judge, on a suggestion of am of the parties,
that the Court should be assisted by Trinity Masers..;:The case,
thereforeestual ever till neat Court-day for that purpose.