The Sun.
London, England, 1864-11-25 00:00:00

SHIPPING-THIS DAY,

LONDON, Nov. 25 —Wind this day at noon—South-
Easterly ; moderate braze and fine weather, but rather
cloudy.
FLAMOUTII, Nov. 23.—Wind W.—Arrived—Alexandria,
from Bremen, with loss of bulwarks, stancheone, and other
damage.

(BY ELECTRIC TELEGRAPH.)
PLYMOUTH, Friday Morning.
A fire broke out in the Dockyard, Devonport, last night,
and was extinguished about 1 !his morning,.after consum-
ing propel ty to the value of £5OO.

LAW INTELLIGENCE—Nov. 24.

COURT OF COMMON PLEAS.

:Sittings in Banco, before Lord Chief Justice Earlo and
Mr Justice heating.)
DOOGATT V. CATTARNS.- OUTDOOR BETTING.

The facts of the case were these : —The defendant was in
the habit of standing at a certain spot in Hyde Park, ex-
hibiting a list containing the names of horses which were
about to run, and making bets, he taking the odds against
the horses. He exhibited also a card containing these
words—" Bets stand on the day of the race, scratched or
not." The plaintiff went to the defendant, took the odds of
6 to 1 against Flytrap for the Witham Handicap, and depo-
sited with the defendant £5 102. It turned out that the horse
had been scratched four hours before the bet was made, and
the plaintiff demanded back his £5 10s, but not getting it
he sued for the amount in the Sheriffs' Court. At the trial
a verdict was entered for the defendant, subject to the
opinion of this Court—and to-day the question was whether
a rule should be made absolute to enter a verdict for the
• plaintiff.

Mr Talfourd Salter appeared to show cause, and Mr
Yeatman to support the rule.
It was stated that the Act for the Suppression of Betting-
houses, the 16th and 17th Vict,, cap. 119, enacted that no
" house, office, room, or other place" should be used for
betting; and that any money betted there might be reco-
vered in any competent court as money had and received for
the use of the person depositing it. The counsel for the
defendant contended that as his client stood in the open air
he was nit within the statute. Another point alluded to
was that according to the rules of the turf a bet made after
a horse was scratched must be taken as off; and that the
rule of law was to the same tirect, that as no risk whatever
had been incurred by the defendant he was not entitled to
retain the plaintiff's money. This point, however, it was
contended, was not open to the plaintiff, the point as to the
construction of the Batting-houses Act having alone been
reserved.

The Lord Chief Justice said that the mischief was ex-
actly the same whether the party carrying on betting stood
under the shelter of a roof or only under an oak tree. What
could be the difference whether the defendant stood in the
open air to bet or under a canvass booth ? The Court
thought that there was no difference; that the defendant
was within the Act which had been referred to ; and that
the plaintiff was entitled to recover back his £5 10s.
Rule absolute to enter a verdict for the plaintiff.

LORD PALMERSTON.—Tho Liverpool, Mercury
says—" It is said that Lord Palmerston cherished a wish
to retain the Premiership until the completion of his 80th
year, and that, having accomplished this object of his desire,
he will, at the termination of the present Parliament, tetire
from active office, retaining a scat in the Cabinet without
office, as the late Marquis of Lansdowne did for some
time,"