The British Press; or, Morning Literary Advertiser.
London, England, 1825-03-01 00:00:00

LAW' INTRLLIGII.VCE.

COURT OF COMMON PLEAA, SATURDAY, Fsa.

lIITZAD toe CAOW.
This was an action brought by the plaintiff to recover damaged
against the defendant, as his agent, for not rendering • true and
just account.
It appeared upon the trial that the defendant had been employed
by the plaintiff. and a ]lr. John Hyatt, to take out an investment
to Norway, in IE2O, by the ship Eliza.
Mr. Serjeant PILL, on the part of the plaintiff, called two wit-
nesses, for the purpose of proving that the defendant, when at the
plaintiff's counting-house, admitted that he was Indebted to the
plaintiff upon certain accounts, which the witnesses spoke to as
being produced at the time, in the sum of 65/. odd. Other accounts
were also produced by the plaintiff, to make out the charge that
the defendant had not duly accounted to hint for the property which
had been entrusted to his care.

Mr. Serjeant Wixnx, who was Counsel for the
eeeded to address the Jury upon the evidence produced on the part
of the plaintiff; and after having commented in strong terms upon
the circumstance of the plaintiff having kept back the account
which had been alluded to by the plaintiff". witnesses, was inter-
rupted by Mr. Serjeant Pell, who stated the plaintiff had no wish
to withhold the account, and handed them to Mr. Berjeant Wilde.
Upon that account, it appeared, the admissions of the defendant
(as spoken to by the witnesses) were written in pencil, and there
was also written by the defendants, fall explanation of the accounts
alluded to, by winch it was shown that there was no pretence foe
the demand. Witnesses were however called on the part of the
defendant, who proved the demand of 6.7 d. 18s. had been settled,
and that the defendant had duly accounted to the plaintiff, or his
agent, for the investment committed to his charge.
Mr. Serjeant PELL, in his reply, attempted to make out, that
the witnesses who hart sworn to the admissions of the defendant
were fully confirmed by the accounts themselves, and so left the
use to the Jury.
The Learned JUDOE then commenced his charge to the Jury.
and expressed a very strong opinion upon the law as well as the
merits of the ease.

The Counsel for the plaintiff then Interposed, end regorged per-
mission to be nonsuited, in order that the case might not go to the
Jury, and a nonsait was entered aecordiftly.
_ _ _S_hst

NORTHERN CIRCUIT.

WESTMORLAND SPRING ASSIZES.

Mr. Justice Ifolroyd arrived privately at Appleby, about four
o'clock on Wednesday afternoon. On Thursday morning. his
Lordship attended Di vine Service. The Anise Sermon was preached
by the Bev. Edward Heel's, of Dugan. Text—the first Epistle of
l'aul the Apostle to Timothy, second chapter and first verse ;-
6' 1 exhort therefore that, first of all, supplications, prayers, in-
tercessions, and giving of thanks, be made for all men."
His lordship took his seat on the Bench at half-past twelve, and
the Commission of Assize was read.
The Sheriff of Westmorland was called to make his returns.
T. Demos, Esq:. the late Deputy Sheriff; said, that since the
death of the late Earl of Thanet, a I)eputy-sheriff bed not been
appointed.
Juno,: —ls the High-Sheriff here ?
Mr. Briggs—He is not, my Lord.
Junae—And you are not aware of a Der uty having been ap-
pointed ?
Mr. Briggs—l am not, my Lord.
JUDGE, addressing the Gentlemen in the Gran& Jury box :
Gentlemen, in consequence of the lamented death of the late Earl cf
Thanet, there is not at present, it appears, any person here who is
invested with the authority of returning a Grand Jury. Gentle-
men, therefore, summoned on the present occasion, the law will
not recognise as Grand Jurors. In regard to other counties, there
Is an Act by which a Deputy-Sheriff is empowered to act until the
appointment of another High-Sheriff; but this does not apply to
counties where the Shrievalty is hereditary. Ido not know any
Act authorising the Deputy to continue in office after the de-
cease of an Hereditary Sheriff: The Court will therefore be ad-
journed until to-morrow, when it is probable that a Deputation
may arrive.
l'he Court was then adjourned until ten o'clock next morning.
An express was sent off at twelve o'clock on Wednesday night,
in order to obtain the appointment of a Deputy, without which, or
the attendance of the High Sheriff; the business of the Assize cannot
be proceeded in.
APPLEBY, Finney Moawaieo.
AU Is anxiety to know if the Deputation had arrived. About
o'clock, Counsel were seen flocking to the Court, where his
Lordship soon arrived, and addressed the Gentlemen in the Grand
Jury box, expressing his regret at the cause of delay, and stated.
that the Court would be adjourned to the Castle, and then again to
the Court at nine o'clock on Saturday morning, in hopes that by
that time the Deputation might arrive. If not then, it was not
known whether his Lordship meant to remain till Monday cr not.