The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1844-11-12 00:00:00

LA IV INTELLIGENCA.

COURT OF CHANCERY, Nov. 5.
BLUNDELL V. GLADSTONE.
This was a "petition of Lord Camoys, praying that an
order made by the Vie.T-Chanceilor of England might be
discharged, and that be might be let into possession of a
farm situated at Aughton, in the county of Lancaster.
The facts of this case are short. The late Chas. Robt.
Blundell, by his will made in 1834, devised all his estates
to certain members of the Weld family, except as was
thereinafter devised. The will then went on in these
words :—" I give, devise, limit, and appoint my farm,
with the appurtenances, in Aughton, in possession of
Thomas Ilaskayne, and my farm, with the appurtenances,
in Lydiate, called Shacklady's, and all estate and interest
therein, to the Rev. Thomas Robinson his heirs and as-
signs for ever." Robinson died in the lifetime of the
testator, and the devise therefore lapsed. It turned out
that the testator was possessed of two farms in Aughton,
and both in the possession of Thomas Haskayne, one
called Molyneux, and the other Shepherd's. The ques-
tions raised under the will were, which of the two farms
at Aughton was devised to Robinson, or whether the de-
vise was void for uncertainty ? The Vice-Chancellor de-
cided that the devise was void for uncertainty, and that
the farm in question passed under the general devise to
the Weld family. Jt was against this decision that the
present appeal was brought.
The Lord Chancellor postponed his judgment.

COURT OF QUEEN'S BENCH, Nov. 4.
(Sittings in Banco.)
MILNE V. THE CORPORATION OP MANCHESTER.
In this case a mandamus had issued, commanding the
defendants to give to Mr. Milne an adequate compensa-
tion, under the sth and 6th Victoria, ch. 111, for the loss
of the office of clerk to the Justices of Petty Sessions at
Manchester, from which he was removed upon the con-
ttruction of the corporation of that borough. The pro-
ceedings under the mandamus having come to issue, the
case was tried at the last assizes tor Lancaster, when a
verdict was returned for the crown.

Mr. Kelly now moved to set aside the verdict, and enter
it for the def,,,t,-.7-aR. noon tti erntind that tho ofiloo of
which the prosecutor had been deprived was not included
within the terms of the statute under which cJrnpensation
was claimed. The grounds of the motion were altogether
of a technical character.
The application was granted.

COURT OF EXCHEQUER, Nov. 8.
GREGORY AND ANOTHER V. WILLIAMS.
This was an action for libel, tried before Mr. Justice
Cresswell, at the last assizes for Liverpool, when the jury
found for the plaintiffs, with £lOO damages.
Mr. Watson now moved to reduce the damages, on the
ground that they were excessive, or for a new trial. `The
plaintiffs were slate merchants in Wales, and the libel
was contained in a letter signed J. W. Roberts, but writ-
ten by the defendant, charging the plaintiffs with fraudu-
lent transactions in the course of their business. The
learned counsel contended that as a fraud, if committed
by the act of the partners as individuals, the action should
have been brought by them in their individual capacity,
and not as a co-partnership. The jury returned a ver-
dict for £150., but the damages laid in the declaration
only amounted to £lOO. No injury appeared to have
been done to the plaintiffs' business, and there was no
ground, as it appeared, for such large damages.
The Chief Baron.—The jury may have been indignant
at the defendant's affixing a fictitious signature to the
libellous letter.

Baron Parke.—You had great luck not to be obliged to
pay £l5O. _

Rule refused.

COURT OF COMMON PLEAS, Nov. 5.
(Sittings in Banco.)
BENTLEY V. FLEMING.
Sir T. Wilde moved to set aside the verdict which had
been entered for the plaintiff in this case, with 40s. da-
mages, upon the ground that the verdict was against evi-
dence ; and, also, that there had been a miscarriage in
returning and recording the verdict itself. The action,
which was for the infringement of a patent, being an im-
provement upon Dyer's patent for introducing metal teeth
into the backs of cards used for the purpose of coming
wool, was tried before Mr. Justice Cresswell at the 'last
Liverpool assizes.
The Court granted a rule nisi.

ARCHES COURT, Nov. 2.
REFUSING TO BURY.-TITMARSH V. CHAPMAN.

This was a criminal proceeding against the Rev. H.
Chapman, vicar of Basingbourne. for haying refined to
bury the body of a child, a parishioner, baptised by an
Independent minister, which baptism Mr. Chapman con-
sidered heretical. The only evidence as to Mr. Chapman
having had notice of the intended burial was that the
body was taken to the churchyard, and there left while
the child's father ran to the vicar and requested him to
come and read the service.—Sir H. J. Fust said the evi-
dence as to the notice was scanty, and postponed his
judgment.

NURSE V. RENSLOWE.
A similar prosecution was also heard against the Rev.
NV. H. Henslowe, perpetual curate of Wormegay, Nor-
wich, for having refused on two occasions to b❑ry a pa-
rishioner who had been baptised by a Primitive Metho-
dist preacher. The rev, defendant conducted his case in
person.—Sir H. J. Fust suspended Mr. Henslowe from
the ministry for three months, and condemned him in the
costs. Mr. H. protested against the decision, and said
he would appeal to the Queen in Council and to the
Convocation.

The Queen has appointed Thomas Home, Esq., Attor-
ney-General, and Valentine Fleming, Esq., Solicitor-
General for Van Dieman's Land.

Mr. Justice Erskine has retired from the Bench of the
Common Pleas, and Mr. Erie has been appointed his
successor.

ATTORNEYS.-194 gentlemen have given notice of their
intention to apply to be admitted to practise during the
present term, and there are 21 notices for re-admission.

Mr. Hodgson, of the Chancery Bar; Mr. Whiteburst,
of the Midland Circuit; Mr. IL C. Hildyard, of the
Northern Circuit ; and Mr. James Parker, of the Chan-
cery Bar, have been severally created Queen's Counsel.
Dr. Radcliff, Dr. Battersby, Dr. Gayer, Mr. Keller,
Mr. Baker, Mr. George, Mr. 11. G. Hughes, Dr. Butt,
and Mr. Joseph Napier, have been created Queen's Coun-
sel at the Irish Bar.

A New DECISION.--In the London Court of Bank-
ruptcy, on Thursday, Mr. Commissioner Fane decided
that the bringing of an action without any reasonable
prospect of being able to pay the costs, is a fraudulent
contracting of a debt.

MASSES FOR THE DEAD.—A cause now pending be-
fore the Master of the Rolls was argued in the Rolls
Court, Dublin, last week, in which a point was raised
whether or not a bequest in Ireland of money directed to
be expended " in masses for the soul's sake ' be valid.
Judgment was not pronounced. The bill alleges that
such a bequest is for superstitious purposes, and there-
fore against the policy of the law.
RELIEF OF INSOLVENT DEBTORS.—John Greathead
Harris, Esq., a Commissioner of the Court for the Relief
of Insolvent Debtors, will hold his court, for the spring
circuit of 1845, at Lancaster, on Tuesday, March II • in
Liverpool on Monday, March 17; in Chester on Wed-
T.eust'laY, March 19 ; in Mold on Saturday, March 22 ; in
hin on Tuesday, March 25; in Beaumaris on Friday,
Mara' 28 ; iu Carnarvon on Monday, March 31 ; in Doi-
gelly on Wednesday, April 2 ; and in Welsh-Pool on
Friday, April 4.


WINTER ASSIZES.---It having been finally decided to
hold an additional gaol delivery at the following places,
the judges met on Tuesday, and made the following ar-
rangement :—Mr. Baron Alderson will preside at Win-
chester, Exeter, and Wells ; Mr. Justice Patteson, at
Nottingham, Derby, Leicester, and Warwick ; Mr. Baron
Gurney, at Liverpool and Chester; Mr. Justice Wil-
liams, at Norwich, Bury, Chelmsford, and Maidstone ;
Mr. Justice Coleridge, at York and Durham ; Mr.
Justice Coltman, at Stafford, Shrewsbury, Worcester,
and Gloucester.

THE TRACY PEERAGE.—NOVEL INQUIRY.-011
Monday last an inquiry was held at Castlebrack church-
yard, before certain magistrates, relative to the genuine-
ness of the tombstone by which Mr. James Tracy proves
his title to this long-disputed peerage, and which the
House of Lords decided in his favour, subject to their
proving this stone. A great number of respectable peo-
ple attended to give evidence. Mr. John Rafter, stone-
cutter and builder, proved that the four pieces of stone
produced must bare originally been in one, they all cor-
responding with the grain, breaks, and letters, when laid
together closely to form one stone ; and it was his opinion
that the said stone was the original one belonging to the
family, placed there as a tombstone, in which other wit-
nesses also concurred, and signed declarations to that
effect.—Ltinsfer Express.

THE LAW OF MORTMAIN.—The report of the commit-
tee of the House of Commons on the law of mortmain,
has been issued, and the following is ;heir opinion :
" Although your committee do not feel authorised by the
terms of reference to report in favour of any specific al-
terations of the laws of mortmain, they feel bound to state,
from an attentive consideration of the evidence submitted
to them by witnesses whose means of information and
authority must be held to be great, that the operation of
the law is most unsatisfactory, leads to doubt, expense,
uncertainty, and litigation, and frequently defeats good
and pious purposes, which the present aspect of the coun-
try would induce all men to wish fulfilled; while, from the
existing facilities for evasion, they cannot be regarded as
serving the main purpose for which they are supposed to
be maintained, by securing the heir from the unexpected
alienation of property to which he might reasonably have
hoped to succeed."