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

LAW INTELLIGENCE.

COURT OF CHANCERY, Nov. 5.
BLUNDELL V. GLADSTONE.
This was a petition of Lord Camoys, praying that an
order made by the Vice-Chancellor of England might be
discharged, and that he 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 Haskayne, 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. It 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 OF 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, cb. 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-
struction 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 theverdict, and enter
it for the defendants, upon the ground that the office of
which the prosecutor bad been deprived was not included
within the terms of the statute under which compensation
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 £.150._ _

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 Vatent for introducing metal teeth
into the backs of cards used for the purpose of combing
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 having refused to
bury the body of a child, a parishioner, baptised by an
Independent minister, wLich 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. HENSLOWE.
A similar prosecution was also heard against the Rev.
W. H. Henslowe, perpetual curate of Wormegay, Nor-
wich, for having refused on two occasions to bury 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 Horne, 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. Whitehurst,
of the Midland Circuit; Mr. R. 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. H. 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, >•lr. 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
Hari is, Esq., a Commissioner of the Court for the Relief
of Insolvent Debtors, will hold his court, for the spring
circuit of 1815, at Lancaster, on Tuesday, March 11 ; in
Liverpool on Monday, March 17; in Chester on 'Wed-
nesday, March 19 ; in Mold on Saturday, March 22 ; in
Ruthin on Tuesday, March 25; in Beaumaris on Friday,
March 28 ; in Carnarvon on Monday, March 31 ; in Dol-
gellY on Wednesday, April 2 • and in Welsh-Pool on
Friday, April 4.