The Sun.
London, England, 1839-11-25 00:00:00

COMMON •PLEAS.-(THIS DAY.)

"Thik being the last day of Term the LORD CHIEF
'301,16i delivered several judgments..
THE SERGEANTS AND THE BAR.
Immediately upon taking his seat his LORDSHIP
called upon Mr. Sergeant Spankic (the senior Sergeant
present), and said, Iu respect to the application which
was`made to the Court on the first day of Term by
my brother Wilde, on the subject of the sole and exclu-
sive privilege of the Sergeants being heard, and prac-
tising in this Court, notwithstanding the warrant under
the sign manual ; we have given the matter very full
consideration, and resolved on the course we intend to
adopt. Upon the first day of next Term, in case any
Gentleman not of the degree of the coif shall be
present I shall not call upon him to move.
But at the same time, if such gentleman so first passed
over shall be desirous of making any observations as
to the right of himself and of other members of the bar
not being of the degree of the coif, to be heard, we
shall be willing to hear him on that point, and shall
either then, or if his observations shall appear to re-
quire further consideration, at some future day, an-
nounce the course we intend finally to adopt, and the
reasons on which it will be founded.
MORGAN V. MILLER.
In this case an action had been brought upon a bond
given by defendants to plaintiffs to secure the pay-
ment of 5,0001. by instalments, and with interest,
2,0001. remaining unpaid. Defendants had been clerks
of Mr. Whitter, a solicitor, and the sum was in con-
sideration of their having his business upon his death.
Defendants pleaded that the bond had been obtained
by fraud, and on that issue was joined. Defendants
had filed a bill in Chancery to set aside the bond.
The action had come on to be tried at Guildhall, in
1836, and it appeared to the Lord Chief Justice, before
whom it came, that the case would more properly be
decided by an arbitrator ; upon which it was agreed
that a verdict should be entered for 10,0001.—subject
to subsequent proceedings ; and that a decree should
be obtained in the Chancery suit, for referring it to the
Master, to find if any deduction should be made from
the amount of the bond. The case came on now on
two cross rules—one on the part of the plaintiff, to be
allowed to proceed to the trial of his action ;
and the other on the part of the defendants, for an at-
tachment against the plaintiff and Mrs. Farden, for
disregarding the_order of reference. It was alleged by
the fendants that the plaintiffs had endeavoured, in
every possible way, to frustrate the arrangement which
had been entered into ; and on looking at the
iio.es of the proceedings before the Chancellor, the
Court thought the plaintiff had not shown a real
desire to fulfil that arrangement. On the whole, how-
ever, they considered the action should be tried, but it
must be on payment of costs by plaintiff, and the at-
tachment must stand over, as security for the costs.
HARE V. MILNE.
This was a rule for setting aside an award, on the
ground, first, that one of the arbitrators had consulted
counsel as to his decision, and that the arbitration had
gone on after the death of one of the parties without
notice to his personal representative. The first point
would have been conclusive had not the arbitrator dis-
tinctly denied that lie had consulted counsel to make
up his mind on any other point than as to stating the
facts on the award. The other point the Court did not
think of itself under the circumstances decisive, and the
rule must be discharged, without costs.
REES V. MAY.

In this case the rule for a new trial was, after con-
sulting the Judge who tried the action (Mr. Justice
Coleridge), granted.
SILVER V. BARNES.-DIUTUAL BENEFIT SOCIETIES.
In this case an action hard been brought on a pro-
missory note which had subs given to a Mutual Benefit
Society, where persons cribed monthly sums, the
amount to be afterwards lent to competitors among the
subscribers, to the highest bidder. The question which
had been left to the jury was—whether it should be
1 (which, clearly, as a loan
)-
an interest in
considered a partnership affair or a loan ?
The Conti' considered this was correctly put—and
a partnership affair,
held
dat
orhtnhayetayhy tei
advanced.—Rule
debsveealtefnr,nac
as
sds transaction ts i °ll usurious) was
scriber, havingßule for a new trial discharged.

T R...—Mr.Murp4fixes the coldest
day nextE
N yVea
ilonday the 27th of January, and the
H
hottest for the 20th of July.
CLOSE OF THE SHIPPING SEASON AT ST.
PETERSBURGII.--Letters were received at this port on
Tuesday from St. Petersburgh under the date of the 9th
November, which state that the frost had set in, and
ErAfT:x
all intercourse with Cronstadt had, in consequence,
ceased. Linseed shipped from St. Pctersburgh to
Cronstadt on the bth was then in course of being taken
back. Thirty-five British ships remained on the 7th,
but it was expected some portion of them would get
away on that and the next • day, Prom .rfifteen
to twenty
ships, chiefly with goods from Hull, had not arrived.—
Hull Advertiser.