The Express.
London, England, 1858-04-22 00:00:00

F. MASON.-AUTHORVIT OF COUNSEL AHD

ATTORNITS.
This case involved a question whioh, dace the decision of
this court in " Swint= o. Swindon," hes attracted a good
deal of attention, especially mows members of the Iva
profeedon.
Mr. Mellish said that this case had beta set down for told
before Mr. Baron Martin at York, when a verdict was
entered for the plaintiff by consent; bat the meat motion
was for a ride for a new trial, upon the groomed that the
action had been compromised without the coneent of the
defendant. The learned maul add that then was a pre-
liminary question whether he was added to make this
motion, inasmuch as he was not instrnoted by the attorney
upon the mooed.
Mr. Justice Crowder said that question could be disposed
of yhencause was shown.

Mr. Hell sh continued—The notion was for disturbing the
piaintiff's right of water for cabin mills and neer roars, and
the defendant justified upon the ground that he had a right
of common over the reervoint The defendant in his am-
davit swore that this seam had been brought to try the
tights of the severel Fertile thereto over certain eommcaabis
lead, and the right of the plaintiff to certain water. Mr.
Paget wee attorney for the defendant, and Mr. Brown for
the plaintiff ; Mr. Atherton and Mr. Cleasby being cam-
el for the defendant, and Mr. Hugh Hill for the plaintiff.
The action was entered for trial at York, as was also
mother one, in which John Meson, the defend-
ant's brother, was plaintiff, against • person named
Greenwood. About six in the afternoon, John's
motion wee about to come on for trial, when Mr.
Paget came up to deponent and his brother John, and mid it
was proposed to give them OW. to settle, and each party to
pay is own carte. They replied that they would not agree
to that, and Mr. Paget left than. Boon afterwards deponent
saw Mr. Paget and certain eeemaellers putting their bade
together as If in conference, and afterwards Mr. Paget aloe
again and said, " They will give 1001., and
_pay It down in •
month, each party to pay his own costa." Deponent and his
brother said that they would consent to nothing of the kind.
Deponent's brother said he would either win the horse or
lose the saddle, and deponent said he would have his action
tried. A few minutes afterwards Mr. Admen and Mr.
Paget came and said, " Come this way," sad deponent and
his brother followed these, sad IMO told that they
had better take the 1001. ; they !dosed, but said if
the 1001. were paid with expense, ea both irides they would
agree to the compromise, bat that they would not settle on
any other terms, and they &sired to have the case tried. Mr.
Atherton and Mr. Paget then left deponent and his brother,
who went towards the witaas-box, believing that the cause
was to be tried, but they only maw a jury sworn and sane-
thing done which they did not understand (the withdrawal
of a juror), and the people them moved out of court, and de-
ponent and his brother went away thinking that the cue was
adjourned. In consequence of what they heard as to the case
having been settled, they went at seven in the morning to
Mr. l'agels lodgings, and heard that he had gone to the
railway station. They followed, and found Mr. Pagin •
train which was just starting. They asked him what he meant
by going away, and said that they treated the action tried.
Mr. Paget said he had done his best, and that they meat go
to Mr. Atherton. They went next day to the office of Mr.Paget and blamed him fur what he had done, but he said he
would not be blamed, for Mr. Atherton had settled without
authority from him, and deponent was unable to get any
further information. There was an affidavit by the de-
fendant's present alto nary which set out a correspondence
between him and Mr. Paget and Mr. Brown, in the
course of which Mr. Paget said that the parties were in court
when the actions were rattled by counsel, and had since
been hilly Informed of the circumstances, and If they were
not satiated he was sorry for it ; he would head over the
papers on payment of his oats. The learned counsel said
that the terms of compromise were that there should be a
verdict for the plaintiff in this case for one shilling, and in the
other judgment for the plaintiff but both the brothers
were to consent to writs of *placate, and were to receive
1001. to be paid by Mr. Greenwood. It was extremely de-
arable that the authority of MUNI sad attorney at nid
pejo@ should be defined and settled. The owe of Swinton v.
Blausten had gone before the Muter of the Bolls, who feted
in accordance with the judgment of Mr. Justice Crowda,
saying, " If an attorney is employed to waded • suit, •
compromise of that snit does not tams within the scope of
his authority." The Lot& Justice@ hadeonfinneithedeeisice
of the Master of the Rolls and the ma was probably
going to the House el Lads.
The court granted a rule to sat aside the cedar at nisi
Pies, and the writ of injunction and the judgment, and far
a new trial.

COURT OF BANKRUPTCY.—Arist 21.
(Beim Mr. Oemiskisow For.)
IN RI VILI.-CAlli OP 1 COMMON COUNCILMAN.

The bankrupt, a publican, bed kept the " Box Tree," In
Gravel-lane, Hoitch ; he was a member oftbe Common
Council for Portaoken Ward. This was the examination
meeting. His unsecured debts are 1,1341.; assets, about
701. His property had been grinned to the New City Mutual
Benefit Building Society, to whom he owed 1,2321.
Mr. H. Hann' opposed for the assignees, sad examined
the bankrupt as to the pommel= of certain valosble pro-
perty. He admitted that he had sold a watch and some
ether article@ for di.

Xr.lianteLHri not your wife a diamond necklaoe and
branduts?

--Beak apt—No, never. I once borrowed a diamond neck-
lace end bracelets for her to appear in at the Lord Mayor's
dinner, and paid 61. for the loan of them for a day and •
night. (Laughter.)
The bankrupt was ultimately allowed b pass.
Odors Kr. Commissioner Goobers.)