The Sun.
London, England, 1852-11-04 00:00:00

THE SUN, LONDON, THURSDAY EVENING, NOVEMBER 4, 185 2.

had sat not less than 13,000 hours. (Cheers and laughter)
lie had no hesitation in saying that the Right lion•
Gentlemen had compressed into his period of service,
- - -

more labour and more successful energy than any one
of his predecessors. Ho most cordially supported the
motion.

The Right Hon. C. SHAW LEFEVRE claimed the
indulgence of the House beforo the motion was put,
while ho made OHO or two observations. (Hear, hear.)

It was quite unnecessary for him to assure his Honour-
ible Friend the Member for Berkshire, and his Noble
Friend the Member for Middlesex, that he highly valued
their friendship, while he felt deeply sensible of
the camplimentary manner in which they; had done
him the honour to introduce his name to the House.
(Hear, hear.) He hoped it was equally unnecessary for
him to assure the House, that ho had not only listened
t ) the speeches of his Honourable Friend with sincere
pleasure, but he was also most sensible of the flattering
reception which the House had been pleased to give to
'he propo,ition of his Honourable Friends, and ho begged
leave to assure the House, that ho witnessed that recep-
tion with feelings of unfeigned gratitude. (Cheers.) An
experience of more than thirteen years had confirmed
the opinion which he held soon after he had the
honour of a seat in Parliament, of the value and
impormero of those privileges which were enjoyed by
(he House, and which his Hon. Friend the Member for
Berkshire had justly observed were vested in the House
for the benefit of the community at large. (Hear, hear.)
Tho orders aed regulations which governed the proceed-

LAW INTELLIGENCE.

EQUITY COUR rs.—Nov. 3.
(Before the Lord Chancellor.)
RE IPSWICH CHARITY AND RE BATS CHARITY.
Both those cases, which were in the paper, were by
consent postponed to the next petition day.
RESEWICH V. MARKER.
This case, involving a right to certain timber, and
which has been so often before the Court, was fixed for
hearing today, but it was arranged by consent that it
should be postponed pending an arrangement for raising
a sum of 30,0001. on mortgage at 3i per cent.

COURT OF BANKRUPTCY.—Nov. 3.
(Before Mr Commissioner Fonblanque.)
IN RE FRA.SER AND LIGIITFOOT.
The bankrupts were merchants, in Lime•street. This
was the certificate meeting. The items in the balance-
sheet, which extended over 31 years, showed the failure
to be a considerable one. The bankrupts owed to unse-
cured creditors, 54,964/. The assets were estimated nt
1,960/. in debts, and 2 9371. in goods, besides 21,2071.
doe on consignments. There were no profits; the losses '
had been 19,555/ ; trade expenses, 3,7601.; drawn out
by Fraser, 3 7591.; by Lightfoot, 3,890/.
Mr Reed cpposed, for the assignees, on the ground of
reckless trading and excessive private expenditure.
His Honour said the expenditure, especially of the lat-
ter bankrupt, is utterly unjustified. I can see nothing
of unavoidable loss or misfortune in this case, except the
I)ss and misfortune arising from reckless trade. This
may have been unavoidable in acme instances; I will
give them the benefit of the probability of that; there-
fore I will not degrade them to the third class of certi-
ficate, hut will give them each a certificate of the second
class; but it must bo suspended for 12 months from the
time of their passing thpie last examination.
Mr Lawrance applied for protection, which was
granted.

(Before the Lords Justices of Appeal.)
IN RE HALL'S ESTATE AND THE HUDDERSFIELD AND
MANCHESTER RAILWAY AND CANAL C )MFANY.
Mr. Foster, at the request of Sir George Turner, sub-
mitted for the opinion of their lordships an important
question of evidence arising in this case. P. appeared
that, for the purpose of putting in evidence certain facts
of the case, copies of extracts from a parish register were
produced, which were signed and certified as true copies
by the curate only of the parish, there being at the time
a resident rector or vicar there. The late act, 14 and 15
V c,oria, e ip. 99, sec. 14), provides that before such
copies can be received in evidence, they mu't be signed
and certified as true ffi
copies or extracts by the ocer to
whose custody the original is entrusted. The question
was whether, under the eircurestitnces, the citrate was
the proper officer to sign the copies within the meanirg
of the act.
Their LordNhips said, it would he useful and convenient
that the act shiuld be cinstrued liberally; and they hold
that the curate was that proper officer within the net.
The copies tendered were accordingly admitted as
evidence of the facts they were produced to prove.
(Before the Master of the Rolls.)
BROWN R. GORDON.

INSOLVENT DEBTORS' COURT,—Nov. 3.
(Before Mr. Commissioner Law.)
IN THE MATTER OF BENJAMIN JARMAN.—A LONG,
IMPRISONMENT.
This insolvent, an old man, applied to be discharged
from Horsemonger-lane Gaol. He had been in prison
nearly five years, and said he had been supported by
the county allowance.
The Chief Commissioner asked him the reason of
staying in prison so long.
The insolvent replied that be was trying to sett!e.
Chief Commissioner—What! " trying to settle" all
that time ?
The insolvent said he had expected to get out, but
could not, and he now petitioned.
The Chief Commissioner inquired how ho had pro-
cured the meant to file his schedule?
It was explained that an application had been made
to the charitable fund of the court, and an allowance
had been granted.
His Honour ordered the old man to be forthwith die-
charged.

His Honour gave judgment in this case. The bill was
filed for the administration of the estate of Henry Baines
Let, who was formerly a banker in Honiton, in partner-
ship with Mr. Christopher Flood and others. In February
1827,
plaintiff deposited 1004 in the bank, taking a pro-
missory note for the amount. In 1830, Mr. Christopher
Small Flood was admitted into the partnership which
continued till the 20th June, 1833, when Mr. Henry
Baines Lot died, and on his death the partnership con-
sisted of Christopher Flood, Edward Lot, and Christopher
Small Flood Henry Baines Lot had made a will, in which,
after making certain bequests, he gave all his real and
personal estate not already disposed of to Charles Gordon
and Henry Buckland Lot, the defendants, upon certain
trusts. Shortly afterwards Henry Buckland Lot..was
admitted a partner. In February, 1837, Edward Lot
died, and the surviving partners continued to carry on
the bank till March, 1843, when Christopher Flood, the
last surviving partner when the note was given, died. In
November, 1847, the bank stopped payment, and shortly
afterwards the partners were made bankrupts, and
plaintiff bad proved his debt of ma under their bank-
ruptcy. Defendant had never made any claim against
the estate of the testator until the filing of his bill, but
he had received his interest at the bank regularly every
half year. Under these circumstances, the question was,
whether he was entitled to the relief which he sought
against the testator's estate, or whether he was not de-
barred by the lapse of time. On the part of the plain-
tiff it was argued that the bank having paid interest on
the note until within two years of the filing of the bill,
they must for that purpose be admitted as the agents of
the testator ; and if the Court should be adverse to the
plaintiff on this argument, then it was contended that
the testator, by his will, created an express trust for the
payment of his debts out of his real estate. If the bank
were agents, they must have been so either by express
authority or by implication, and he did not consider
that there was evidence of either the one or the other. It
was clear that Henry Buckland Lot made the payments
in his character of partner, and not as executor, for they,
appeared in the accounts of the bank, and not in the ac-
counts of the partnership. It was obvious that the bank-
ers considered themselves liable to this debt, and no
doubt it was taken into account in ascertaining what was
due to or from the testator. But, even if this objection
did not apply, he considered that plaintiff's remedy
against the personal estate of the testator was debarred
by lapse of time, seeing that the testator died in March,
1843, and the bill was not filed till June, 1849. He was
likewise of opinion that plaintiff had no remedy against
the real estate, Plaintiff had accepted the bank as his
debtors, and bad made no claim against the testator's
estate ; and, if it were admitted now, a re-distribution
of the estate might be requisite.. The bill must, there-
fore, be admitted with costs.
(Before Vice-Chancellor Kindersley.)
COX v. TAYLOR.—JONES V. WOOD.—THE NEW CHANCERY
PRACTICE.
The Vice•Chencellor said he had consulted with the
other Chancery judges as to the question raised in these
cases. The applications were for orders to revive, under
the 22d section of the new Chancery Act, both suits hay.
tog become abated before the new Act came into opera-
tion. The words of the sections applicable to the case
are these:—•' Upon any suit in the said court becoming
abated by death, marriage, or otherwise, or defective by
reason of some change or transmission of interest or
liability, it shall not be necessary to exhibit any bill of
reviver or supplemental bill, in order to obtain the usual
order to revive such suit, on the usual or necessary
decree or order to carry on the proceedings; but an order
to the effect of tbo usual order to revive, or of the usual
supplemental decree, may be obtained, es of course, upon
an allegation of the abatement of such suit, or of the
same having become detective, and of the change or
transmission of interest or liability." His Honour said
that the other judges agreed with him in thinking that
these suits, which had abated before the Act came into
operation, were within the 52d section, and the order
thereby pointed out would, therefore, be made in both
case.

PARKER V. THE GREAT WESTERN RAILWAY CO3IPANY.
A SCENE IN COURT.
This was an action against the Great Western Rail-
way Company to recover the amount of a great number
of alleged over-charges made by them upon the carriage
of parcels, and when the case came on for trial before
Lord Truro, ho ordered it to be referred to arbitration,
contrary to the expressed wish if the plaintiff, who
wished it to be tried by a jury. At length, however, he
agreed to take an amount to settle the matter, but after
that some questions arose ni to the principle upon which
the costs should be taxed, and the matter was again
several times brought under the notice of tne court during
last term.
Mr. Parker. the plaintiff, now moved for a rule,
calling upon Mr. Henry Walker, who was formerly
his attorney, to show cause why the Master should
not review his taxation, having regard to an agree-
ment between the plaintiff and Mr. Walker, and why
170/. Os. 3d. paid into court, by order of Mr. Justice
Wightman, should not bo paid to the plaintiff, with
such further sum as he might be found to be en-
titled to upon the taxation of the bill. Mr. Parker ad-
dressed the court at considerable length, and with some
warmth, but the facts as fir as they could be gathered,
seemed to he these:— After four and a-half years of arbi-
tration, Mr. Parker having mortgaged his claim against
the company for 6001., was compelled by the mortgagee
to compromise the matter for 400/. and costs. Mr.
Walker was Mr. Parker's attorney when the action was
commenced, but. Mr. Parker having changed his attorney,
Mr. Walker's costs were taxed as between attorney and
client. When Mr. Walker agreed to take the matter up
he also verbally agreed that Mr. Parker should pay all
money out of pocket. and that Mr. Walker should have
what he could get from the defendants, and should have
no more. Is was now objected that certain things the
Master had allowed for had not been done—that some
things dove were not necessary, and that part of the
work Mr. Parker had done himself, and he claimed under
his agreement with Mr. Walker the amount of these
Mr. Parker also complained that their lordships
had never understood the case ; that he had great
reason to complain of the Court, for through their
misunderstanding of the matter he had lost 10,000/; and
it would have been a great mercy to himisfe.,, h
instead
had
dodf
bLeoernd
aTvreurrdoi
ot
ag persistingain against
t himin referringat
e nee.Et
the eea
assured their
lordships that it aas the last time he would trouble
them, for, if ho once got out, he would never come into
the Court of Common Pleas again as long as he breath-
ed. It would be better to submit to anything than do
so, for in such a position you were not only in danger
of losing the coat and the cloak, but the shirt also. He
certainly would never ccrae into the Common Pleas
Pleas.a n action
again.
forurt
si andny
ay
ge Maa
against
without
Justice
will
bhavingr Mauls—Butingat you may be dragged in • and
you should not thus proclaim your dislike to the &tat,
for everybody who shalloilnitilitgehreeafcteermbnlreinng
(A
laugh.)
Mr. Parker said he had carrietdeodnulowusiitehescse
he had only got into law eine() he became acquainted
with the accursed Great Western Company.
The Chief Justice said that he was of opinion that
there should be no rule in this case ; and how could
they
when he was not informed of the objections to them.
when
the Master was wrong re allowing for items,
Mr. Parker—Your lordship is wrong in saying that
no objection was made ; as wrong as every judge was.
The Chief Justice—l did not say so ; but that these
particular objections were not made. The first answer
to the second ground of objection was this—that these
objections were not pointed out to Master Parke, and
you cannot say he was wrong when he was not informed
of them. If Master Parke bad been told that the work
had not been done by the attorney, he would not have
allowed for it; and it was not to be permitted that Mr.
Parke should stand by, during the taxation, and see how
much could be got from the pockets of the Groat Western
Company, and then turn round and see what could bo
got back from the attorney.
Mr. Parker—lt is a direct injustice to say that. I was
no party to draw money from the Great Western, and
it ought not to go forth to the world. lam no party to
any juggle, and I have told your lordship, so ; and, if
need be, Twill tell you in yet plainer words.
The Chief Justice.--You bad better not go on so.
Mr Parker.—Circumscribe your words, then, my lord.
I cannot stand here and hear any judge represent that
which has not taken place. You ought not to cast sus-
picion by stating that which did not take place.
Mr. Justice Maule.—l believe that my lord thinks
the grounds which he has been stating very suspicious ;
and I think so, too ; but he is justified,
and not only
that, but bound, to do as he has done under the circum-
stances.
Mr. Parker.—There is no ground for it, I say.
Mr. Justice Mauls.—But you mutt behave with
decency.
Mr. Parker......i will
go out of court, for I cannot let
such imputations be made in my presence.
The Chief Justioe.—Yon had better be quiet.
Mr. Parker (hurriedly leaving the court).---I will, but
I shall do as I like when I get out of court. (A laugh.)
Rule refund,

EXCHEQUER CHAMBER.—Nov. 3.
BUSINESS OF THE COURT.
The court Int for a short time, and announced that The Hen. Captain Dunoombe, M.P., has returned to
, the Admiralty.
it would sit on the 9th instant, to hear errors from the
Court of Queen's Bench ;ion the 26th and 27th instant The service will be glad to hear that the services of
Lieutenant Sherard Osborne (1346) have been :it length
to hear error, from the ourt of Common Pleas ; ant,
30:h instant, to hear errors from the I appreciated, and that he has been promoted to the rank
on the 29th and
of commander. This gallant officer, it will be, remem-
Court of Exchequer. I bred, commanded the Pioneer, screw-tender, in. Captain
Austin's expedition, and was one of those who were by
no means satisfied with the poor results of that enter-
prize. Oa the formation of Sir Edward Belcher's squad-
ron ho again volunteered his services, and is now in
command of the Pioneer, again pushing the search for
Sir John Franklin up the Wellington Channel.
We trust that now Commander Osborne'a claims have
been duly recognised another lieutenant, who was senior
as a commissioned officer in Austin's expedition, having
served in China and Borneo with distinction as a master
will not be forgotten.
Dr. Bradford (who was surgeon in Austin's expedi-
tion) has received his appointment to the Hogue, 60,
screw-ship, at Davenport.
Mr. Perry has received his commission as mate.
As soon as the contractors can complete thet machi-
nery of the Imperieuse, 50, screw-frigate, at Woolwich,
she will be ready for commissioning.
DLCIIYARD APPOINTDIENTS.—CharIes G. Lewis, fore-
man of coopers, in Deptford Victualling-yard ; "Thomas
S Lorighurst, ascend ditto, ditto ; John Arthur. first
class !circling-man of store-houAs, ditto ; Elder,
second ditto. ditto.

NAVAL INTELLIGENCP.,.

PORTSMOUTH, WEDNIISDAY..

Admiral Sir Thomas Briggs, the Commander-in-Chief
at this port, pi oceeded on Monday on board the Victory
and Rolla, and inspected the naval apprewices in gun-
exercise, &c.
Collingwood, 80, was taken out of the north dock on
Monday, and taken to her ordinary moorings' up the
harbour.
Encounter, screw steam-corvette, Captain O'Callaghan,
bent sails this morning, and hauled off into the stream to
swing her compasses. She will be ready to go to Spit-
head on Friday. ;
Gorgon, steam-frigate, was hauled out of the steam-
basin dock to-day, to make room for the Duke .of Wel-
lington.
Leander, 60, Captain King, will be ready for sea by
the 9th instant.
St. Vincent, 101, is not to have her lower masts taken
out at present.
Ajax, 58, screw guard-ship, Captain Quirt, vial be
ready to go to Spithead on Friday.
Avon, steamer, Master-Commander Vetch, arrived
this morning from Plymouth with supernumeraries, and
sailed again this evening for the eastward with other
supernumeraries.
Echo, steam-tug, went out of harbour to-day to con-
vey troops from Cowes to Southampton.
Fairy, Royal yacht, Master-Commander Welch, went
down to Cowes this morning.
We have had much rain for the last two days, but
without much wind ; to-day the weather is squally, wind
westerly.

DEVENPORT, WEDNESDAY.
Dee, steam-sloop,Lieut.-Commanding Smith, wick the
new Governor of Liberia, family and sutte, still remains
waiting favourable weather to sail.
Dido, 18, Captain Morshead, C. 8., was inspected by
the Admiral Commander-in-Chief this morning, and will
come up the harbour and be taken into dock.
THE CHANNEL SQUADRON.—The ships composing the
squadron under the command of Resr-Admiral Corry
are still in the Sound. The gallant admiral has taken
up his residence at Moreshead'a Royal Hotel. It is
therefore inferred that the departure of the fleet will not
be so soon as anticipated.

SHEERNESS, Nov. 3.

Her Majesty's screw steam line-of-battle ship Aga-
memnon, 91, Captain Sir Thos. Maitland, is progressing
radidly in her equipment. Her fore and miaen topmasts
are pointed and her yards nearly ready for being crossed
The mainyard in the slings measures nine feet in circum-
ference. A cargo of " liesolven" coal ha' arrived for
her from Swansea, in the brig John, of Scarborough,
Normendall master, and a quantity of shot from Wool-
wich, in an Ordnance hey. On her leaving the fitting
basin 500 tons of coal, being the quantity she can stow,
will be placed on board. She will be completed by the
master attendant in a few days (10th lest_), will be out of
the hands of the shipwrights by the 28th of next month,
and will be ready for sea within 14 days from that time.
She has now about one-half of her complement on her
books.
Miranda, screw•sloop, will be taken out of dock on
the 23d inst., and will be completed as a first-class ad-
vanced steamer.
Porcupine, 3, steam-vessel, Lieut. Commander G. M.
Jackson, will be ready for sea by the 9th inst.

CHATHAM, Nov. 3.
Sappho, 12, Commander Hon. Arthur A. Cochrane,
was paid ofi yesterday.
Tartarus, steam-vessel, Lieut.-Commander Risk, sail-
ed on Tuesday for Sheerness.
John Osborne, sawyer, is superannuated on a pension
of 151. per annum.