The Express.
London, England, 1862-11-11 00:00:00

THE LORD MAYOR.

In the course of the afternoon the new Lord Mayor (Mr.
Alderman hose?, accompanied by the Recorder, the late
Lord Mayor, sheriffs, be., came into court, and invited their
lordships to the banquet. Mr. Justin Wightman said no
doubt some of the learned judges would accept the
nvitation.

COURT OF COMMON PLEAS.—Nov. 10.
MASON WINK-THE MIDDLE LEVEE. INUNDATION.

Mr. D. Keane said that this was an action against the
clerk to the Middle Level Commissioners to recover damages
for loss sustained by the late inundation, and the cause stood
for trial before Lord Chief Justice Cockburn at the last
WI/A:Oat Norwich. There was not, however, time to try it,
and it was consequently suggested that the venue should
he changed to Middlesex or Surrey. His lordship,
however, said that be did not feel justified in so dealing
with a record of the Common Pleas, but upon being asked
whether be wouldthe cue himself if the venue were
changed, he aide had no objection. Under these
circumstances, the present application woe for •
rule to change the venue to Middlesex or Surrey, and to
transfer the record to the Queen's Bench. There was another
circumstance which he wished to mention, and that we,
that as there were a great number of actions—the gentleman
who instructed him being concerned in 65—it was very
desirable, with the view of saving expense, that some steps
should be taken to consolidate the actions. The defendant,
however, had declined to accede to any such proposition.
Further, he might say that the cause could be tried for
6001. or 7001. lees in London than in the country.
Mr. Justice Bytes—But the plaintiff himself has laid the
venue in Norfolk. _ _

Mr. Kesne—Because the act of parliament said that the
venue should be laid in that county.
The Lord Chief Justice said that if the parties consented
they could do what was asked without the interference of
the court, and he did not think that the court should inter-
pose if the parties did not consent. The statute having said
that the venue should be in Norfolk, the mere saving of
expellee would not justify them in taking away • right
which one of the parties had.

Rule refused.
KINNEDY V. BIODN AND WWL—THZ WWII CAB&

This case came again before the court to-day. Mr.
Kennedy had recovered a verdict for 20,0001. upon an
account stated in reference to his services u a barrister in
the litigation in which Mrs. Belden had been engaged.
Subsequently a rule had been granted calling upon the plain-
tiff to show cause why there should not be a nonsuit or a
new trial. The question now was whether this rule should
be made absolute. _ .

Mr. Kennedy now continued his address in showing muse
against the rule, and a good deal of diacussion took place
between him and the bench as to the order in which the
aliment should be presented.
The Lord Chief Justice repeatedly urged that the main
question, whether a barrister could recover upon a promise
to my him for his services, should be first discu—ed ; be-
muse that question might be so decided as to render the
consideration of the other points unnecessary.
Mr. Kennedy, however, preferred to take a different
course, and proceeded to discuss the question of champerty,
contending that it wes not pleaded—that the point was
not raised at the trial ; that even if the point could have
been raised under the plea of maintenance, still that ph .
was abandoned at the trial ; and lastly, that be was not
guilty of champerty.
Mr. Justice Bylea said it seemed from the Lord Chief
Justice's notes that the plea of maintenance was abandoned
at the trial

..
Mr. Kennedy then proceeded to the main question, and
quoted a number of cases from old reports, with the view
of showing that a suit might be founded upon a promise to
pay a barrister for services rendered by him upon request.
Mr. Justice Keating asked if there was any modern case
upon the point?
Mr. Kennedy said he had not found any such ; but the
reason was the custom which had sprung up.
At this stage of the argument the further hearing was
adjourned.