The Sun.
London, England, 1864-06-03 00:00:00

EUN, I.OMION, FRIDAY EVENING, JUNE 3, 1864

MISCELLANEOLTS—Continued.
M.4dras Irr'gation and Canal,
Ditto, (all), 2(1.
Marine Investment, lim , 2;
Mercantile Credit Association, lim., 131
National Discount Company, Rm., 141
National Financial, lim., 41 5
Ocean Marine (Insurance), 24/
Ottoman Financial Association, lim., 5/
Peninsula and Oriental Steam
Ditto, new, 50 ,
Rio de Janeiro City Improvements, Rm., 27.
Royal Mail Steam, 8) 8+
Silver's India-rubber Works and Tel. Cable, 4:
Smith, Knight, and Co., Urn., 5/
Societe Finuciere d'Egypte,
Telegrath Construe. and Maintenance, Rm., 411 3

LAW INTELLIGENCE—(This Day.)

SHERIFFS' COURT.
(Before Mr Commissioner Kerr.)
THE CUSTOM ON THE STOCK EXCHANGE-CLEAVE V.
WATSON AND OTHERS.

•
This was an action to recover £2, an alleged overcharge
on commission, plaintiff being a speculator, and defendants
a firm of stockbrokers of Capel-ccurt.
Plaintiff said ho instructed defendants to buy £2,000
consols for him, and there had been an overcharge. De-
fendants had charged 1-16th commission, instead of 1-32 d,
as per contract. It was the custom t.) charge half commis.-
sion where a special agreement was made.
One of the defendants said that his firm did business upon
no such terms as those stated by plaintiff. No respectable
stockbroker would think of charging 1.32 d. It could be
amply proved that 1-16th was the customary half commis-
sion.

Plaintiff—But I have here the contract in which express
erms are set out.
Defendant—And I produce the statement of my accounts
with the plaintiff, in which your Honour will see that we
have never charged less than 1.16 th commission.
His Honour—l should think not. It does not seem
904 1 904 likely.

Defendant—lf any alteration has been made in tho terms
of the contract, it is an error on the part of one of our clerks,
who clearly had no right to make it.
Plaintiff—l go only upon your contract given after I had
seen your advertisement, in which you agree to charge only
halt commission.
Defendant--And I may say that we have only charged
that commission to which we are justly entitled. No
brokers would charge less than 1-16th.
Plaintiff—You perfectly well know that I am entitled to
pay only 1•-32 d commission, and this defence is a little
sharp practice on your part.
Defendant—Here is the statement closing the account.
His Honour—You have settled tne matter, and now you
try to get the money paid out of the pockets of the defen-
dants by means of the process of this court. Ido not think
that defendants would consent to do business upon the
terms you mention.
Plaintiff—l hold in my hand the special contract signed
on behalf of the defendants by one of their authorised
clerks. In that contract there is an agreement to do the
business for me upon the terms mentioned in it.
Defendant Shall I cell my clerk ?
His Honour—Ch, certainly. It does seem necessary.
Defendant's. clerk said that the contract put in originally
stood at 1. 16th, but plaintiff requested that it should be
altered to 1 -32 d, and witness altered it in error.
Defendant—As your Honour must know, the usual
broker's commission is 1-Bth, and the half of that is 1-16th.
This sum has been charged all through to plaintiff, and
he has paid it. Our statement shows this, and we are pre-
pared to stand by it.
Plaintiff--Will you swear that you never charged as
little as I-32d on contango?
Defendant—l do. I never charged less than 1-16th.
His Honour —I find that defendant's clerk has explained
the nature of the contract, which appears to be au error,
and that the customary charges have been made. De-
fendant will have a verdict,
Verdict for defendants.

Ropiness dont

105 6

SPORTING INTELLIGENCE—This Day,

CITY BETTING—Tms DAY.

ASCOT STAKES.
sto 1 agst Ilippo;yta (taken)
7to 1 agst Bally Edmond. (etra‘red)
7to 1 agst Cana-y (taken)
10 to 1 agat Wandering Minstrel (effired)
10 to 1 agst Sheriden (offered)

ROYAL HUNT CUP.
20 to 1 agst Trumps (taken)
100 to 6 agst Amelia (taken)
20 to 1 eget Odine (taken)
20 b 1 agst Turcos (taken)
25 to 1 agst Umpire (taken)
ASCOT CUP.
3to 1 agst Little Stag (offered)
3to 1 agst Lord Clifden (offered)
sto 1 agst Scottish Chief (taken)
7to 1 agst Queen Bertha (taken)
12 to 1 agst Wingrave (taken)
ST. LEGER.
3to 1 agst Blair (offered)
4to 1 agst General Peel (taken)
6 to 1 agst Scottish Chief (offered)

SPORTING- INTELLIGENCE,

REIGATE
RACE S,—TuunsDAY.
The Borough Stakes of 3 sous each, with a) added, for all
Half a mile.
ages; winners extra; with selling and other allowances.
Mr. Marsh's Lady
_Nichol, 3 yrs (£5O), 9st llb
Mr. Jos. James's Rosemary, 3 yrs, (S. Hiboerd) 1
(L5O), Bst 111 b
(J. Reeves) 2
Captain Gurney's Dunmow, 2 yrs (£3O), 6st 71b
t
Mr E. Elphick's Parchmont colt (J. Smith)
2 yrs (£3O, Est 101 b
(3. Elphick) fi
Ida and Lady Vergy's darn colt also ran.
Betting-6 to 4 agst Lady Nichol,
7 to 2 agst Ida.
Lady Nichol made all the running, and won by six
lengths; Rosemary flushed a length and a half in front of
the dead-heaters.
The winner was sold to Mr John Reed for 95 guineas.
Ida was bought by Mr March for 16 guineas.
The Holmesdale Handicap of 5 sous each, h ft, with 50
added, for three-yr-olds and upwards; winners extra.
Two miles.
Mr J. Walker's Douche, 4 yrs, 781 10113 (liorris) 1
Mr Marsh's Margery, 5 yrs, Bst ......... (E. Forster) 2
Mr Foulson's Flying Spur, 4 yrs, 7st 51b (Hibbard) 3
The following also ran :—Spitfire Kitty, Fcrest Hind,
Merry Bird, Tonio, and Remunerator.
Botting-2 to 1 agst Douche, 4 to 1 agst Margery, 6 to
1 agst Merry Bird, 7 to 1 agst Flying spur.
Douche went to the front after going half a mile, main-
tained the lead to the end. and won easily by a length; a
head only separated the second and third.
The Priory Stakes of 3 sous each, with 25 added, for ali
ages; weight for age, and selling allowances. One
mile.

Mr Breary's Telescombe, 3 yrs (L3O), 7st 13Ib
(S. llibberd)
Mr E. Elphick's Parchment colt, 2 yrs, Ost 71b

_ (J. Elphick) 2
Capt. Gurney's Danmow, 2 yrs (S2O), sst 71b (c sst 9lb)
(J. Smith) 3
The following also ron :—Lady of the Manor, Little Star,
Maubourquet, and The Don,

Betting-2 to 1 each agst Telscoinbe and Maubourqueti
5 to 1 agst Little Star, 6 to 1 agst The Don.

Telscombe male all the running, and won by a neck;
Dunmow was a bad third. The winner was bought in for
42 guineas,

The Scurry Handicap of 26 sovs, for all ages. One mile

and a quarter.

..... (S. Hibberd) 1
_st
3.1\11
rr 11AI abrrsohn' aarigi
ve
er yr
xi,
e 4, ysrs ,
38,
rsst, 11;111 b
(Jatnes Nightingall) 2
Mr Jos, James's Rosemary, 3.yrs, 7st 21b.... (J. Smith) 3

Batsman and ICfaub-ourquet also ran,

Betting—Even on Margery, 9 to 4 agst Baliverne, 5 to 1
offered agst any othor. _

_ .
Margery took up the running half a mile from home, and
won by a length and a half; six lengths between secDnd
and third,

The Beaten Race of 10 sous, for all ages ; llst each, gen-
tleman riders; professionals 71b extra. One mile.

Mr Jno. Mumford's The Don, aged, list (Owner) I
Mr Elphick's Flying Spur, 4 yrs, list 71b (inc 71b extra)
(J. Searle) 2
Mr J. Ward's Maubourquet, 4 yrs, list (car 1 Ist 101 b)
(Bentley) 3
Betting-5 to 2on the Don, wha made all the running,
and won by a.length and a half. Flying Spur was beaten
off.

The Dispute between the Coroner and

Vestry of St, Pancras,

Yesterday, at the weekly meeting of the vestry
of St. Pancras (Mr. Churchwarden Lawfor3 in the
chair), the vexed question of the coroner's beadle-
ship was again brought under consideration, by the
production of the opinion of Mr. Lush, Q.C., and
Mr. Welsby, as to their right to dismiss Murrey,
coroner's officer, and appoint another man, named
Holland, in his place.

After stating their case, the vestry call upon
counsel for their advice as to whether they have
any, and what power, to compel the coroner to
deliver his warrants to Holland, whom they have
appointed ; whether Murrey, having been dismissed
by the vestry, can legally execute the coroner's
warrant and receive payments made by the justices
of the peace ; whether the vestry have any, and
what remedy, against the coroner; whether the
vestry have control over the constable in the execu-
tion of the office, and what, if any, proceeding should
be taken by them. The opinion of Messrs. Lush and
Welsby is against the vestry on every point. In

their opinion the vestry have no power to compel
the coroner to send his warrant to any particular
person, and he may send it to any constable or police
officer within the district where the death occurs.
They do not find that the vestry has any authority
under their act to appoint constables or peace
officers, or to designate, under the denomination of
" coroner's beadle," or otherwise, any particular
constables or peace officers to perform the duty of
executing the warrants of the coroner. Murree
being a constable for the metropolitan district, they
considered that all that was necessary for the pur-
pose. They answer the questions if the Vestry
have any remedy against the coroner or right of
control over the constable in the negative, and do
not advise any proceedings by the vestry against
either.

Mr. BISHOP moved that the opinion of counsel be
referred to the committee, to report upon the steps
necessary to be taken under the circumstances, but
it was negatived by a large majority, and the case
and opinion ordered to be entered on the minutes of
the board.