The Sun.
London, England, 1852-03-08 00:00:00

THE LEVANT MAIL

By the Levant Mail we have received Constan-
tinople journals to the 14th, and Athens to the
17th ult.

The former announce that the Marquis de Lava-
lette, Envoy Extraordinary and Minister Plenipo-
tentiary of France, had waited on the Sultan, with
all his legation, to present the notification of the re-
election of Louis Napoleon to the Presidency of the
Republic, with increased powers. He was received
with some pomp, and was cenducted to the Sultan's
presence by Aali Pacha, Minister of Foreign Affairs.
Addressing the Sultan, he stated that Louis Napo-
leon had, by the act of the 2d December, prevented
the outbreak of anarchical projects which would
have had disastrous effect on other states ; that, in
gratitude to him, the nation had anew and unani-
mously confided to him the direction of its destinies ;
that he would fulfil the duties thereby imposed on
him by conciliating the dignity of a strong and re-
strecd government, end the interests and grandeur of
Republic, with the rights of other powers—the
only means of consolidating the peace and progress of
Europe, and of cementing more and more the friendly
relations which unite the different Governments for the
Common prosperity of nations. The ambassador con-
cluded by passing an eulogium on Turkey and its
glorious Sovereign,-
stY and assured the Sultan that France
felt ardent sympathy for both. The Sultan thanked
the representative'of Irance for the expression of his
spoke
in
sentiments, flattering terms of the President
and his
of the Republicacts, and and assured the Minister
that be was fully aware
ponce, and of maintal •
the happy effects of general
maintaining a good i
unuerstanding be-
tween the two Governments, would neglect no
occasion of promoting them: and
Whilst the Marquis de Lavalette was on his way
have
to the
had Palfatal ace a
consequences—then accident eccurredhorseof
which might
-,
M de
Cadalvine, director of the French Postoffi
e c took
baud, fright near the Great Field of the
and _
threw
that gentleman with great violence to the ground.
He was taken up senseless, and his head and
arm were discovered to be a good deal hurt.
up his The
Marquis de Lavalette immediately gave
car-
riage to convey him to the Embassy, and Proceeded
to the palace on horseback. The physician of the
Embassy, who happened to be present when the ac-
cident occurred, paid him every attention, and,
though his state at first had been considered very
dangerous, it was believed that he would recover.
Extraordinary events had occurred in the isle of
Cassos. The chief of one of the principal families,
named Hagi Manoli Maliaraki, had, for some rea-
sons not known, excited the bitter animosity of a
portion of the islanders, and some of them mur-
dred him at Alexandria, to which place he had
gone on business. When his wife, daughter,
sisters, and mother-in-law heard of this, they
seized burning torches, and with cries of rage and
horrible threats set fire to the houses of the suspected
assassins. Some houses were burned down, and they
also burned down a church, in which there was a con-
siderable sum belonging, as they supposed, to one of
the murderers. On this, the islanders took arms,
some ranging themselves on the side of the women,
others on that of their adversaries; and numerous
sanguinary engagements took place. The Primate
of Casson, Girorgio Cicco, had, to escape the fury of
the women's partisans, been obliged to fly from the
I,!_ia_nd• In addition to this, some acts of piracy had
`7l,t, e
committed by the islanders.
-L ! Courrier d'Athenes has the following:—
~ 1
It is positively stated that the Minister of War has
issued the f
shall have h''eee'nwing. orders:—` As soon as the genirale
panics :of the lice, four
:our pieces of cannon, six coal-
cav,le • itue, four hrgides of gendarmery, , the
.. y, and the irent•
round the Palace. pie,r guarde, shall take up a position
kepi in reediuehs to Fur uther pieces of cannon shall be
pang of the garrh,en melt
any eventuality. One cora-
The Minister of War 'vinaillli d,, the duty of the barracks,
conta.,
dtake the general command of
the troops. An
reveal th,t4e,sneao‘rdeea. Gifiecd. residing in Athens,
woo bia.-..11
nr!, will tie immediately placed
en disponibiliM.'
ordersi Do they originate Ibe the meaning of these,i
the necessary prelude to soe a falsezeal?al? Are they
It would be slifficult to divinem," extraordinary measure?

UNIvRMITY lINTELLIGERCS.--n
..,xI,ORD MARCH 5.
—Djr. lichens, from King's
Adams
e . )
g , was this day elected a
scholar of Exeter College. . ra Storey Farrar, B.A ,of
St. Ma 's Hall (Arnold's Historical Prize, 1851), was Yes-
College.
terday elected a Michel Fellow of Queetes
Esq., of Creevagh,
Anthony Babington, is appointed
4 laalistrate for the county of Londonderry.

TILE WEST OF IRELAND LAND IN-
VESTMENT COMPANY.
An association • has recently been incorporated by
Royal charter under the above title, which, if properly
worked, will be very likely to confer important benefits
upon tho country selected as the field of its labours.
The object of the directors is to purchase estates in the
province of Connaught, and having reclaimed and im-
proved them, to let or sell the land in conveniently small
holdings, of not less than fifty acres, to persons tho•
roughly acquainted with agriculture, and possessing
capital to work the farms effectively. Connaught has
been chosen for several reasons; principally on account
of its peculiar adaptability for the purposes of the asso-
ciation, and because of the uniformly peaceable, tract-
able, and loyal chartacer of its inhabitants. The com-
pany does not, however, purpose merely to confine itself
to the purchase of land, but intends also to encourage
the formation of commercial establishments, so as to
create a market for agricultural produce within its own
property; and it will further direct attention to the cul-
ture of those roots and plants which may be profitably
employed in sowing the seeds of a system of manufac-
tures. For instance, the cultivation of sugar-beet, flax,
and chicory, with other plants salted to the climate of
the west of Ireland, will be carefully promoted. The
points on which the directors rely for proof of the feasi-
bility of their plan are the present cheapness of land in Ire-
land; the ready means of transfer afforded by the Encum-
bered Estates Court; the natural advantages of the district
they have selected as the scene of their purchases, greatly
assisted by the recent improvements in the navigation of
the River Shannon and the western lakes; the proba-
bility of the establishment of a steam communication
between Galway and the United States; and the impor-
tant fact that of many projected companies of this na-
ture submitted for the approval of the Government, the
present is the only one deemed worthy of incorporation.
As a proof that the directors of the undertaking intend
to carry on their work on sound principles, it may be
remarked that a clause in the charter provides for the
allocation of one-fourth of the subscribed capital as an
" Improvement Fund," which is to be employed in
thoroughly draining, improving, and rendering market-
able the estates purchased by the company. In prose-
cuting its object, the Investment Company will possess
many advantages beyond the reach of private indi-
viduals; it will be uninfluenced by local sectarianism,
either political or religious: it will have the command
of an ample capital, and may therefore establish mar-
kets and even towns; it will be able to attract to Ire-
land English and Scotch farmers, whose industry and
capital will give a powerful impetus to the cultivation of
the soil; it may check emigration, and nearly extinguish
poor-rates, by affording steady and remunerative em-
ployment to the labouring population; and, finally, it
may be the means of conferring an inestimable benefit
upon the empire generally by rendering fertile and
valuable vast tracts of territory now lying waste and un-
preductive.—Aris's Birmingham Gazette, March 1.

VENTILATION and HEATING of the HOUSE of

LORDS, isv.
As to those parts of the building which have been
warmed and ventilated under the architect's direction
(by Mr. Jeakes), some of our readers will perhaps like
to know the mode which has been adopted. In the first
place, then, we find a set of steam-boilers, erected in a
central position, which keep up the temperature of a
series of heating surfaces placed at intervals beneath
takeeuntfirraemartebae tvoibetebrwiaarTmoed. A supply of fresh air is
the various
channels is prodwue
e
cre,
danbdy
aa
an current
e no rm bt hu s rough
fan,
W
orked by steam
y, 300
___power, and capable of propelling, they
,uuu cubic feet building, The • of air per minute through the
large central air
thus brought in, is tempered in a
pipes, from
whiciirl-Chamber, filled with upright heated
receiving in its progress
to all parts through channels
from other heating agarrefr such additional temperature,
particular apartment, 0 aces, as may be required for that
it is teing conveyed. portion of the building to which
control, both in volume 4 a supply is under *operate
and
also made for cleansing temperature; arrangements
are g a
through theair of any impurities in
its progress channels d
rates is to be introduced for reducing.. a cooling appa-
he admitted air in summer, in ftlaetemerature of
t
specially, in order to render the ee - " Souse of Lords
all the changes utdation as perfect as
possible, under .
d d for admiitintowhich it is b.
au ject,
means are Provl e gh pure .
•tiated, both at the upper and
_air and ex-
tracting the vitiated, both
_ d lower part
a sufficient power _ ,
of the apartment, and 3 aaid to •
' o atmosphere of the house in exist
to change the entire
and --0 a few
minutes. either by admittingt both. extracting The object the
; air at
the upper or lower part, or.a
Order to °I3JecL sought
is to maintain a plenum, in Or prevent currents
into the House from without, by making all openings
outlets for air instead of inlets. Two 10-horse engines
are employed. The answers to our inquiries in the
libraries and other parts as to the results were satis-
factory, The fan, of which we have spoken, is made of
thin sheet. iron, and is 22 feet is diameter. Its effect is
such when at work, making nearly 100 revolutions in a
minute, that we expected when exposed to it to fiud our
own disjointed me-abers whisked against their will to
joie: the members of the Upper House. The amount of
beating surface provided by the boilers may be judged
of when we say there are six miles of pipes proceeding
from them. The smoking-room (whereof the walls are
covered with Coloured tiles to a certain height), is
cleared.
by an exhausting shaft with a soparato small
exhausting

_
DEPARTURE OF THE NIAGARA.--011 Saturday fore-
noon the British and North American Royal Mail steam-ship
ra d the British pro-
of manufactured
qua Niagara, Captain Stone, left the Merseyfor lialifax and Bova-
toono,asw.ithTsheeveranatynspfaosrsetnhgeepnaintddasftuallt:
n
inces were in charge of Lieut.e Raymond, it.N., Admiralty

• My Lord,—Lord Lyndhurst has brought forward
a case in which an attorney employed by a tradesman
to sue in the County Courts for a debt of 51. (after
recovering from the defendant his debt, with 155.,
the attorney's fee allowed by the County Courts Act),
charged his client 221., and succeeded in compelling
him to pay ill. 4s. tin consequence of a defect in the
Act, which does not restrict the charges of attorneys as
against their own clients for business done in county
courts cases. The sum of 155., it was suggested by
the attorney in this case, " was merely for advocacy
in court. I have an independent claim for taking
your instructions, examining witnesses, and other
preliminary preparations out of court."
It is most extraordinary that this case, which (from
Lord Lyndhurst's account of it as reported) was one
of deception as well as gross exaction, should have
, been viewed in any other light than as a cogent proof
of the necessity of correcting the oversight alluded to
in the County Courts Act, by establishing a simple
and moderate scale of attorneys' fees when recoverable
from his own client.
Lord Lyndhurst, however, seems to have regarded
this case (in which an attorney, after getting pay-
ment of a fee from the defendant, demands from his
own client, the plaintiff, four times the sum recovered,
and forces him to pay double the amount of that sum)
as a reason for repealing the simple and moderate
scale of attorneys' fees allowed by the County Courts
Act against the unsuccessful party, and of restoring
in its stead the liability of the defendant to a ruinous
amount of costs (chargeable by the plaintiff's attor-
ney), which rendered the old county courts, and still
renders the superior courts, so destructive to the
interests both of creditor and debtor in all cases of
moderate amount.
The prospect of being exposed to an indefinite and
exorbitant amount of costs and to an immediate
execution, had commonly the well,known effect of
impelling the defendant in the old county courts to
make away with his goods, and when he did not
adopt that course the costs generally swallowed up
the proceeds of the sale of those goods when taken in
execution, and left nothing for the plaintiff. It was
useless for the latter to remonstrate with his attorney,
and to say that as a man of sense he never could have
meant to give instructions for the action, except on
the assumption that the whole or part of his debt
would be repaid to him. The attorney had the law
on his side, and could answer—" Your instructions to
proceed fully entitle me to all the costs I have in-
curred. Possibly you never could hare meant to
spend HZ. in recovering 51.; but my instructions
were not restricted, and I have a right to full costs
out of the goods of the defendant or out of your
pocket."
The case noticed by Lord Lyndhurst is precisely
identical in its features with those which rendered
the old county courts a public nuisance. As there
was not in those courts, so there will not be in the
modern county courts, any protection against the in-
sidious extortionlof low practitioners except by the in-
flexible maintenance of a simple and very moderate
scale of fees.
Lord Lyndhurst dwelt very much (in support of
his view) on the extreme hardship that a plaintiff in
the county court should have to pay for professional
labour out of court, &c., without obtaining reimburse-
ment from the defendant. This hardship is a grievance
common to all courts. It is perfectly familiar to us
all that the successful suitor in the Courts of West-
minster is invariably obliged to pay extra costs be-
yond those he can recover from the opposite party.
It is equally well known that (with the exception of
a single letter) no costs are allowed in those courts
for professional labour previously to action brought,
though Lord Lyndhurst dwells on this as a peculiar
feature of county courts, in which, from the simple
nature of most of the cases and of the procedure,
the assistance of an attorney is not required either in
or out of court in nineteen cases out of twenty; and
of those few cases in which an attorney's services are
useful, there is not one in ten in which bis assistance
can be materially required previously to court day.
The suggestions of Lord Lyndhurst must stand or
fall with the general principle of observing a fixed
scale of costs on the one hand, or on the other hand of
rejecting (for the sake of a few exceptional cases)
that principle now adhered to in all courts. In the
superior courts the prescribed scale of costs allowed
on taxation have been progressively reduced of late
years, and instances of hardship to the successful party
and his attorney, from the inadequacy of the taxed
costs in particular cases, to pay for the labour involved
are common. Such cases (as regards the county
courts) are confessedly of rare occurrence, and when
they are brought forward, I believe they will be ge-
nerally found to be tru roped up or imaginary.
In all suits of difficulty involving sums above 101.
or 151. that arise in the county courts, the client is
generally very willing to pay out of his own pocket
(a fee in addition to 'that which can be recovered by
his opponent), and be can afford to do so, because,
owing to the light amount of the court fees, the suc-
cessful party almost invariably obtains payment of all
other expenses, so that his " extra" costs are confined
to this " gratuitous" fee.
The amovint paid in these voluntary fees in the
county courts throughout the country is immense ;
and while a fixed scale of costs has no effect in pre-
venting theE,e donations, it is indispensable as an
" ultima mho," as a check on knavish practitioners,
especially in courts where the suitors are generally
men of a humble class, who cannot be protected from
imposition except by the most plain, simple, and intel-
ligible regulations as to fees. If in the county courts
the old system of costs be restored, I believe it will
prove injurious and not beneficial to the attorneys ;
for it will deter suitors from resorting to them. They
will prefer 'to conduct their own cases (even when dif-
ficult) to running the risk of being saddled (as in the
case mentioned by Lord Lyndhurst) with costs (in
the event of success !) equal to double the amount of
their debts, or to the risk of imposing similar costs on
the defendant to the destruction of his means of pay-
ment.

I beg to express 'my opinion that the scale of at-
torney's fees in those courts between attorney and
client should be the same as those allowed between
party and !party. Possibly, in cases above 101. they
might be t nade a little higher, though, for the reasons
above stated, I think that any such difference in the
two scales of allowance would, in practice, be nuga-
tory ; for such fees, like those of barristers, will be
governed :Dy private management and not by law.
It is difficult to conceive how, in any view of the
circumstances, a case for the recovery of a shop debt
of 51. coul I have occupied the time of an attorney, so
as to furni iih the least pretence for a charge of 22/.,
or even of 111. 4s.

There is another consideration which has been en

tirely overlooked. The remuneration paid by suitors
in the Colxnty Courts would be more liberal were
those courts to receive their proper share of aid from
the public Treasury, instead of being supported en-
tirely by fe es, for although the Government is answer-
' able fur th e salaries of the Judges, the courts are
still self-supporting, as the fees are made to pay all
the expense 3 of the system. In previous publications
I have frequiently drawn attention to this gross in-
justice; it is most monstrous that the cost of sup-
porting the ii.lourt of Queen's Beneb, &c., should be
paid out of the public Treasury, while the county
courts, the t 3 ibunals of the poorer classes, should be
maintained by the suitors themselves. The present
fees (though a light burden compared to the legal
expenses in uther jurisdictions) should be reduced by
affording to the county courts the same assistance
that is given to other tribunals. The direct benefit
which would. thus be conferred on the suitor would
be accompanied by a corresponding advantage to the
professional ,practitioner. A plaintiff who has to ad-
vance court fees in each case, or a defendant who is
liable (in the event of a defeat) to pay those fees in
addition to the debt claimed, is less inclined on that
account to incur the expense of employing a profes-
sional advocate, or to pay him liberally if he seeks his
services.

I much regret to observe the tendency in the Le-
gislature to break down the fundamental principles
upon ;which the benefits of county courts depend.
Exceptional oises of hardship will spring from all
general rules, however necessary for the public good.
But such ruLes are indispensable as a protection
against extorti c n on the part of low practitioners, and
respectable attorneys can commonly trust to the
honour and liberality of their clients for an increase,
when justly recruired, of their remuneration above the
strict legal stam lard.
In conclusion I must expressly dissent altogether
from the assumpltion that the strict fee is an inade-
quate one generally speaking. In cases of a simple
nature the allow; nce of fifteen shillings seems to me
to be an ample oLne, when it is borne in mind that an
iaarachtmioeunsse number' of such cases (commonly upwards
labourand
of a hundred) ar a usually disposed of in a single day
inbe theear
nmeo:eeitphoeeprual4obinlyues county courts districts, and that
an attorney emp Loyed in a small proportion of these
attorney.—..i h
would (r( sceiving that fee in each case) obtain
Feb. 23, 1852. could ordinarily
handsome rtehmu;aeration, at less. expense of time and
nthe bar or by an
av'e the honour to be your Lordship's
armememunbeerratoiof
obedient servant,
A JUDG,,
OF VIE COUNTY COURTS.

SHREwsnuRT 'GREAT HORSE FAIR.
annual great horse II ur in Sh
rewsbury commence
Wed-
nesday last. It was eminently successful, in fact exceeding
the expectations of its most ardent frienals, and the com-
mittee have been re w •arded for their arduous exertions by the
complete accomplis h. ment of their desires. Every inn was
crowded with buyers` and sellers, every loose box and stable
occupied, and t i t class-horses from all the surrounding
was
counties presented i Audi a scene as probably was never —Td hone first
wit-
nessed at the Uri ;es t and moat fatuous horse fairs in the
kingdom.—Shrops, 41re Conservative.

MIDLAND CIRCUIT.—Nottingham, March 5.
(Before Mr. Justice MAULE and a Common Jury.)
NICHOLSON V. HODGSON.
This was an action upon an architect's bill.
The defendant paid into court 31. 16s. 6d., and as to
the remainder of the claim, pleaded—first, that he did
not make the contract ; and, secondly, payment.
Mr. Macaulay, Q.C., and Mr. Haynes appeared for
the plaintiff ; and Mr. Humfrey, Q.C., and Mr. Brewer
for the defendant.
The plaintiff is an architect at Lincoln, and the de-
fendant was in 1845, and for several subsequent years,
One of the churchwardens of Worksop,in the county, as
well as a member of a committee formed in the parish
for carrying out the project of restoring the old abbey
church. This is a very beautiful structure in the tran-
sition style, between the Norman and early English,
which had fallen into very great decay, and the services
for which the plaintiff now sought to recover were ren-
dered in superintending as architects the restoration of
that church. He, in common with other architects had,
in 1845, sent in plans and an estimate, and for the work
then required to be done he had made an offer to the
committee to do it for 1501., with which offer no dis-
satisfaction was made. Mr. Cottingham, of London,
and another architect, were afterwards called in; and
s
the plaintiff was put into c mmunication with them.
Various alterations were adopted by, the committee from
time to time, so that the work lege a from 1846 to 1849,
and the cost grew to a surnof about 4,6491. The roof
had been coloured blue, but this being considered Popish,
and one of the committee having declared that he could
not pray under a blue ceiling, a dark oak stained roof
was substituted. This was only one of the many altera-
tions and additions by which
.the work was varied after
the plaintiff had made his original offer. The plaintiff
charged 5 per cent. upon the outlay, and some extras.
On the part of the defendant, it was admitted that the
principal charges were reasonable, if the plaintiff was
not bound by his offer of 1501.
The Learned JunGE thought he was not; and ulti-
mately, by consent, a verdict was found for the plaintiff
—Damages, 2501.

DOE DEM. CHAMPION V. THE MANCHESTER, SHEFFIELD,

AND LINCOLNSHIRE RAILWAY.

Mr. Humfrey, Q.C., Mr. Macaulay, Q.C., and Mr.
Hayes appeared for the plaintiff; Mr. Mellor, Q.C., and
Sir E. Wilmot, for the defendant.
This was a❑ action of ejectment brought to recover a
house and small bit of land adjoining a bridge which
carries the road from Nottingham to Blyth across the
Chesterfield Canal. That canal was constructed under
an Act of Parliament about eighty years ago, and, at
the place in question, went across the estate of a Mr.
Rogors, from whom Mr. Champion derived hie title. It
appeared that the piece of land in question was a sand-
bulk, which eloped from the occupation road down to
the towing-path of the canal, and a person, acting under
the direction of the defendants, who had purchased the
canal, had recently built a house upon that bank, close
against the bridge. Evidence of sots of ownership was
given on both sides, but the defendants could not prove
any conveyance of the land to the canal company.
The jury found a verdict for the plaintiff.
va.nuelnidtrzyooNfDs.even causes, one
of lwliheic he aiussae sipisetclilcal3ln.wjtu:rizmynss cause.arh
(Before Mr. Justice MATJLE and a Special Jury.)

This was an action to recover damages for the wrong-
ful dismissal of the plaintiff, who had been employed by
the defendant as a land steward, and also a reasonable
compensation for his services before the dismissal. The
defendant had paid into court 6001.—viz., 1001. as da-
mages for his dismissal without notice, and 500/, for his
services.
Mr. Macaulay, Q.C., Mr. Sergeant Miller, and Mr. Bit-
tleston, appeared for the plaintiff; Mr. Humfrey, Q.C.,
and Mr. Hayes, for the defendant.
The plaintiff began life as a farmer in Norfolk; but
had since been in business as a land agent, auctioneer,
and valuer, and had been in the service of Lord Hastings
and the Marquis of Cholmondeley as farm bailiff or
steward. The defendant is a Norfolk squire of large
property, who had known the plaintiff for fifteen or six-
teen years. In September, 1849, upon the death of the
late Mr. Musters, of Colwick Hall, in this county, the
large estates of that gentleman, about 18,000 acres in
extent, producing a rental of about 15,0001. a year, de-
volved upon Captain Hammond, the defendant's brother,
as trustee for the heir; bat as Captain Hammond was
then in South America, the defendant undertook the
management of the property on behalf of the trustee.
On the very day of the funeral of Mr. Musters the
plaintiff arrived at Colwick, having been desired by
the defendant to coma out of Norfolk immediately;
and he was then pointed out by the defendant to the
solicitor for the trustee as a person whom the defen-
dant considered well fitted to take the superinten-
dence and management of the property. From that
time until the following September the plaintiff
continued without interruption to discharge the duties of
his office, which occupied his whole time. He culti-
vated the land kept in hand, planned alterations in farm
buildings, made valuations, received the rents, and kept
all the accounts of tho estates. In September, 1850, the
defendant sent for the plaintiff to go to him in Norfolk;
and en that occasion gave him instructions respecting
the estate, though from a letter which he had previously
received he supposed that his engagement was then to
be terminated. When he found that he was to continue
in the service he said that he should expect the engage-
ment to bo of a permanent character, as otherwise he
would not take his family into Nottinghamshire. He
then returned and brought his whole family with him,
and resided with them in two cottages on the estate.
Captain Hammond shortly afterwards arrived from South
America, and the defendant turned over to him the ma-
nagement of the property. No dissatisfaction was ex-
pressed with the plaintiff's services; but on the 16th of
June, 1851, the plaintiff was suddenly told that they
would not be further required. Mr. Robert Ham-
mond, another brother, had been appointed receiver
under the Court of Chancery, and he had appointed
a Mr. Basilico as his agent. Mr. Basilico was at
once introduced to the tenants as plaintiff's successor;
and upon plaintiff writing a letter, in which he com-
plained of this" uncouth treatment," the defendant wrote
a reply, charging
him with conceit, incapacity, indolence,
and untruthfulness. The plaintiff in his letter said " I
have not known what my salary was to be," and he
an
ao u l d
ha
stated in the witness-box that no agreement as to his
salary had ever been come to; but the defendant, in a
postscript to the letter abovementioned, wrote the words,
"Your salary,2oo/.;" and in the witness-box stated that
there
twashat
that understandinghth
a a betweenraoun
amount
them min October. The
1849,
salary.
plaintiff proved by several witnesses that the services
which he performed were, in fact, worth at least 400/.
a year, and in his cash-book delivered to the trustee in
September, 1850, a blank was left against the item of
plaintiffs
salary. Lord Hastings was examined as a
witness on tne part of the defendant to prove a conversa-
tion in which h© had said to the plaintiff " I understand
you are to have 2001. a year;" but his Lordshipa,i
ad-
mitted that in the same conversation the plat t.
had asserted that there was no agreement ;
and
he he
e had
expressed a high opinion of the plaintiff, whom n
and
recommended to Lord Leicester and other nohlom:untof
gentlemen. The sole question was as to the amount
annual salary to which the plaintiff was entitled it being
agreed between the parties that he was entitled to be
paid for two years' services, and half-a-year's salary
more instead of half-a-year's notice.
Intimaiely the jury gave a verdict for the plaintiff—
Damages 5001. beyond be amount paid into court.
wEnsTER v. me s.
This was an action of libel, to which thedefendant
pleaded not guilty.
Mr. Macaulay, ca Mr. Sergeant Miller, and Mr.
O'Brien appeared for the plaintiff,
• Mr. Humfrey, Q.O
•t
and Mr. Hayes for the defendant.
The Plaintiff its p, town coptilleillOr ill the corporation of

CROWN COURT.—(Before Mr. Baron ALDERSON .)
John Wailes was indicted for the manslaughter of
Nicholas Wren Codling, at Lanchester, on the 9th of
February last.
Mr. Otter and Mr. Stack prosecuted, and Mr. ()Ter-
end defended the prisoner.
It appeared that the prisoner was a nephew of a
man named Teesdale, the landlord of a public-house
called the Jolly Butcher, at Redwell-hill. Teasdal.3 be-
came insolvent last year, and his assignees sold the pre-
mises to the deceased. Notice to quit having been
served on Teesdale, the deceased, on the Ist of Fe-
bruary, went to take possession of the premises he had
bought, but was refused admission. He again went on
the 9th, accompanied by Mr. Brewer, of Newcastlt,, his
solicitor, and six men, to obtain forcible possession, if
necessary. He was again refused admission. Swale of
the party then went to the back door and some to tho
front, demanding possession. The prisoner then came
to a window with a gun, Teesdale having a •pistol.
At that time one of the deceased's men was
tempting to break in the door with an axe, and the
prisoner threatened to shoot him. The deceased then
handed a pistol to one of his men, while an othi,r,
named Stewart, still endeavoured to batter in the
door. Teesdale fired his pistol through the door,. but it
was beaten in, and the attacking party rushed into the
passage. The prisoner stood to oppose them, and, fired
his gun at them as they advanced, and wounded the de-
cJased so severely in the legs that he died a feel days
after.
It was contended for the prisoner that he was je stifiPd
in firing his gun as he had done in defence of hie house
and a dictum of
'Lord Hale's was relied on, Unit "in
defence of a mans house the owner or his fami ty may
kill a trespasser who would forcibly dispossess him of it,
in the same manner as he might by law kill, in self-de-
fence, a man who attacked him personally,
•ar;tth this
distinction, that in defending his house he need not re-
treat, as in other cases de defendendo, for that VI ould be
giving up his house to his adversary" (Hale, 485 i, 486).
His LORDSHIP, after consulting Mr. Justice Ur esawell,
stated his opinion to be that no man to prevent the com-
mission of a misdemeanor had a right to kill smother,
though he had a right to offer resistance; and, ill f neces-
sary, to kill, to prevent the commission of a felor iy when
all other means of prevention had failed.
Mr. OVEREND said under this ruling of his lordship
he could not further contest the case, and he shciuld ad-
vise the prisoner to withdraw his plea of not guti.lty.
The prisoner was then sentenced to be impri a oned for
six calander months.

James Youens was indicted for having at S h ieldi, in
tho month of November last, committed wilful and cor-
rupt perjury.

'The jury returned a verdict of Not Guilty.
Their Lordships concluded these assizes in Vat) course
of the day, and will proceed to York to-morrow to open
the commission.

COURT OF BANKRUPTCY, March: 6.
(Before )Sir. Commissioner GourawaN.)
IN RE JOSEPH HALL.
The bankrupt, an hotel and tavern keope r., of the
White Horse, at Brighton, applied for his ct u.tificate.
The balance-sheet extended over a period of tv to years
and a half, and showed debts amounting to 3,4291.;
assets in good debts, 51/.; property, 2,2161. The profits
had been 1,1461.; trade expenses, 1,2331.; dome stic and
personal ditto, 4001.; deficiency at the commence mont of
the account, 3031.
Ilia HONOUR said that this was clearly the ca se of a
man beginning with nothing and ending intro h worse
than he began. Under his failure as a wine rill 3rchant,
he had paid 3s. or 4s. in the pours d, and
under his second 14s. in the pound. These
failures should have made him cautious in age tin em-
barking in trade; but, nevertheless, he had coat tmenced
with a deficiency of 3001., being, however, suppt nted by
others. The third experiment could only en.t lin ono
way; net profits there were none, and the exp anditure
had been very excessive. There would be se a rcely a
farthing to pay anybody, the stock not having: fetched
what was expected. It had been stated that tin e trade
debts were small, but the creditors, probably tr a desmen
of a humble class, were numerous, and some f them
might be compelled, through the default of men such as
the bankrupt, to arrange their own affairs. There had
been no attempt at fraudulent preference, and the 'absence
of opposition by the creditors was a favourable 'dream_
stance. If he had consulted his books, which h lid been
well kept, he must have felt that at a much earlier
,peri,osd_
he ought to have stopped. He would
sioner) was of opinion that the justice of 91
(the LoarnedcaUso mmi
,
be met by the certificate being suspended
with protection for three monthrenew=
as tt tc,l be onthsd
en
f
of that time, and !the certificate when for six D 3 g
_y.
the third class.—Suspended accord ingl

INTELLIGENCE.
POLICE
LAMBE- g
Mr. Richard How ton late a bookseller in
Cunrnlio' se friends are of the
_ aw
Lamb's Conduit-street,Placed at the bar before the
-0 a charge of obtaining 5181, from
highest respectability.
Hon. G. C. Norton. on
false pretences.
Mr. James Price,
o° barrister, attended for the prosecu-
tion,
Mr. Hawkins,r;seigh appeared for the defence.
1
and 'L.— e. vidence it appeared that in the early part I
From
year prisoner made application to Mr. Smith,
of last advance of 90/. on a bill of sale of his
goods,
a solicitor,
ba for an
t
the accommodation was refused to him. The
P
.o tier
having made two declarations in the affidavit
ortLe of the Court of Chancery, to the effect that he had
not
mortgaged nor in any way encumbered a reve r-
sionary interest to which he was entitled, also that he
had not been security for any one, and that his stock in
trade far exceeded any liabilities of a pecuniary de-
scription, he, Mr. Price, let him have at various times,
sums of money, amounting in the aggregate to 518/. In
the month of November last, however, the prisoner be-
came a bankrupt, and, from the proceedings which took
place in the Bankruptcy Court, it was discovered that lie
had disposed of the whole of his reversionary interest in
4,000/., and also got rid of a legacy of 500/. before his
transaction with the prosecutor, and therefore that both
his declarations before the clerk in Chancery were
grossly false.
Mr, NORTON thought that a sufficient prima facie CREO,
had been established against the prisoner to remanima,
him, but he had no objection to accept bail for b
two sureties in 200/. each, and himself in 4001. ,
The required sureties were given, and the prisoner I
liberated.