The Sun.
London, England, 1837-01-13 00:00:00

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An incorrect statement has crept into some of our
Contemporaries—calculated to excite serious alarm—that
the deaths from typhus in the Infirmary are at present
about a hundred per week. We are authorised by one of
the medical officers of that Institution, to state, that the ad-
missions of typhus patients do not at present exceed from
one hundred to one hundred and twenty, and that the deaths
do not exceed twenty.—Glasgow Argus.

REGARD FOR CHARACTER AFTER DEATH.—
Sergeant Weir, of the Scots Greys, was pay-sergeant of his
troop, and as such, might have been excused serving in action,
but, on such a day as the battle of Waterloo, he requested
to be allowed to charge with the regiment. In 'one of the
charges he fell, mortally wounded, and was left on the field.
Corporal Scot, of the same regiment (who lost a leg), asserts,
that when the field was searched fOr the wounded and slain,
the body of Sergeant Weir was found with his name written
on his fiirehead, with his own hand, dipped in his own blood !
This, his comrades said, he was supposed to have done that
his body might be found and known, and that it might not
be imagined he had disappeared with the money of the
troop.—Guide to Knowledge.
The young and opulent Grandee, the Duke d'Os-
suna, who was on a tour in this country in the autumn, is
said to be on the eve of returning, to Spain, the existing
Government at Madrid having proceeded to take measures
for the confiscation of his vast estates in Andalusia.

Mr. RussELL appeared on a petition in this case, pray-
ing. the opinion of the Court on a special report of the Mas-
ter with respect to a trust vested in the corporation of St.
Alban's for the benefit of the free grammar school of that
borough.

The SOLICITOR-GENERAL and Mr. BLUNT opposed the
petition, and contended that the Court was bound, under
the Municipal Reform Act, to appoint trustees of this as
well as all other properties held by corporations for chari-
table purposes.

The LORD CHANCELLOR had great difficulty in dealing
with the case, so as to avoid the consequence of depriving
the charity altogether of the income derived from the
licenses. There was no doubt that the monopoly in ques-
tion could not be legally exercised by any trustees appointed
under the authority of the Court, and yet the Court was
bound, as far as it could, to carry into effect the intentions
of the Legislature by not leaving the control of any charity
funds in the hands of a corporation. The trust in the pre-
sent case was more of a power than a benefit, and, as the
corporation could not be deprived of that power without
endangering the existence of the charitable fund, the bet-
ter way would be for the parties to agree amongst them-
selves that the corporation should continue to sell the
licenses, and hand over thb proceeds to the trustees of the
school, as their receiver.

COURT OF KING'S BENCH, JAN. 12.
SMITH V. 34ORLEY.

Mr. WittnEtwasr applied for a rule to show cause why
the defendant should not be discharged out of custody, on
the ground that he had been irregularly arrested, and why
the sheriff's officer should not pay the costs of this applica-
tion. The defendant had been taken on a capias issued
for 260/. The sheriff's officer came to the outer door, and
said that he wanted to pay the defendant some money.
The door was not, however, opened to him, and he then
took a pickaxe, and broke it open, and, entering the house,
made the arrest.

The Court granted the rule.
THE KING V. JOSEPH LAWRENCE.

The ATTORNEY-GENERAL applied for a rule to show
cause why a quo warranto should not issue, in calling on
the defendant to show by what authority he claimed to hold
the office of town councillor of the borough of Hertford.
The objection to Mr. Lawrence holding the office was, that
his name was not on the rate-books, and that, consequently,
be was not duly qualified.
The Court granted the rule to shew cause.

BAIL COURT.
SMITH V. HOUSEMAN.

Mr. BUTT appeared for the plaintiff in this case. It was
an action on a bill of exchange for 225/., drawn by the de-
fendant. on Mr. J. Houseman, and endorsed by him over to
Mr. Smith, the plaintiff. Both the parties were resident
at Salisbury, and Mr. Smith endorsed the bill over to his
bankers there, Messrs. Brodie and Co., by whom it was
sent up to London to their agents, to be presented for pay-
ment. On presentation in London on the day on which it
became due, the 4th of November, it was dishonoured,
and it was consequently sent back to Salisbury to Messrs.
Brodie and Cn., whom it reached on the 6th (Sunday.)
On the Monday morning, the 7th, notice of the dishonour
of the bill was given by them to Mr. William Houseman,
the present defendant. The bill, however, was not taken
up, and the defence on the pleadings was, that there had
not been sufficient notice of dishonour. In proof of the
notice given by Messrs. Brodie, the Learned Counsel called
a young man, their clerk, who stated that on the Monday
morning in question, he took the bill to the office of the de-
fendant, a❑ attorney, I.6ich adjoins his residence, and that
he told a lad, a clerk in the office, of the dishonour of the
bill whose reply was that Mr. Houseman was out of town
for the day, but that in the evening he would attend to it.
Mr. BALL appeared for the defendant, and submitted
to his Lordship that it was not a sufficient notice of
dishonour.

Mr. BUTT, in support of the notice, contended that all
the authorities had a direct leaning the contrary way.
Mr. Justice PATTESON was decidedly of opinion that
there had been sufficient notice of dishonour. The de-
fendant however had a right to move to enter a nonsuit, if
the Court of King's Bench thought otherwise.
The Jury, under the direction of his Lordship, found fur
the plaintiff for the amount of the bill, with interest, 2271.85.

COURT OF COMMON PLEAS, JAN. 12.
RANSOM AND OTHERS V. DUNDAS AND ANOTHER.

This case, it will be remembered, comes before the Court
upon a rule obtained by Mr. Sergeant Wilde, on behalf of
Messrs. Dundas and Kelly, for setting aside a'Judge's cer-
tificate, or amending it by striking out so much as related
to the costs ; and the only question raised was, whether
judgment ought to be entered up for the costs of the well-
known proceedings, arising out of the Ipswich election, as
well as for the sum mentioned in the certificate of the
Speaker of the House of Commons.
Sergeant Talfourd, Mr. Hill, and Mr. Austen, showed
cause against the rule upon the last two days of last term.
Sergeant Wilde and Sir William Follett appeared this
morning to support the rule, and contended that as the
words " and tl.c costs" were not included in the Speaker's
certificate, it was contrary to the provisions and intent of
the statute that judgment should be entered up for the
costs, in addition to the precise sum which the Speaker had
specified.

CARLON V. WOODWARD.

Mr. ERLE showed cause against a rule which had been
obtained by Mr. Sergeant Bompas, for setting aside the
verdict in this case. It was an action brought by an attor-
ney for work and labour done, and it appeared that, the
clerk of the plaintiff being indebted to the defendant a
certain sum, an agreement was entered into between the
three, that Mr. Carlon should retain from the salary of his
clerk one pound every week for Mr. Woodward's use, until
the debt should be liquidated. Subsequently the defend-
ant employed the plaintiff as his attorney, and for services
in that capacity the action bad been brought. The de-
fendant pleaded a set-off to the amount of 12.0/., the sum
which, according to the above agreement, should have been
retained by Mr. Carlon for the defendant's use. The
plaintiff, however, claimed to appropriate that fund to in-
demnify himself from the loss which, subsequently to the
agreement, he discovered himself to have, sustained in con-
sequence of various embezzlements which had been prac-
tised by the before-mentioned clerk. At the trial the jury
found for the defendant, and the Learned Counsel con-
tended that this verdict was strictly in accordance with the
evidence.

Tne LORD CHIEF JUSTICE said that it was rather a bard
case for both parties, and asked Mr. Sergeant Bompas,
who appeared tbr the plaintiff, whether the attorney would
give up his bill without the costs ?
Mr. Sergeant BOMPAS could not undertake to give up
such a sum fOr his client, but he vi ould confer with him.
The case accordingly stood over till to-morrow.

COURT OF EXCHEQUER, 12.
MORGAN V. SEAWARD.

This case occupied the Court nearly the entire day. It
was an action brought by the plaintiff as assignee of Eliza-
beth Galloway, against the plaintiff, for an infriugment of a
patent obtained for improvements in the construction of
paddle-wheels for steam-vessels, and also for a new steam-
engine. The case was tried before Mr. Baron Alderson at
the sittings after last Trinity Term, in the Guildhall, and
lasted two days. The Jury upon some of the issues found
for the plaintiff, establishing the fact of infringement, and
for defendant upon the issue respecting the non-utility of
the steam-engine.
Sir F. POLLOCK, on the part of the plaintiff, obtained
in the course of last Term, a rule calling on defendant to
show cause why judgment should not be entered up for the
plaintiff upon all the issues, against which
The ATTORNEY-GENERAL this day showed cause, con-
tending that judgment could not be entered up for the
plaintiff, the Jury haying found that the engine, which was
part of the invention for which the patent had been ob-
tained, was not useful. The patent, therefore, being bad
as a part, was bad as an entire.

Yesterday Captain Kidd, of the Earl Grey, Scotch ves-
sel, and Mr. Reynolds, a wharfinger and part owner of the
vessel, attended before the LORD MAYOR in consequence
of the complaint made on Monday last, by Mr. Deputy
Hicks, the Chairman of the Markets' Committee, relative
to a practice stated to have existed for some time, very
much to the prejudice of the London markets, as well as
injurious to individuals—the practice of delivering pigs in-
tended for a regular market salesman and for market sale,
to parties to whom those pigs were not consigned, and by
whom they were sold without being subjected to market
competition at all.
The LORD MAYOR said, that in this case it was evident
that the neglect of Mr. Hicks's correspondent was the
cause of the sale of the pigs by Mr. Orton. There was,
however, a principle connected with the matter of far greater
importance than could be seen from the details of the pre-
sent actin—a principle affecting the community, and the
vested rights of the citizens of London ; and he was glad
to find that the Chairman of the Markets' Committee had,
upon the very first opportunity that presented itself, shewn
a determination to institute a rigid inquiry. It was evident,
from what had been stated, that facilities were afforded, in
the immediate neighbourhood of the wharfs, to dispose of
property intended for the London markets. By and bye, if
no check were presented, there would be no necessity for
markets at all, and the advantage of competition and fair
play would be completely superseded.
Deputy Hicks said that there were several extensive
salesmen present, who were aware of the existence and of
the very great danger of the practice, and if it had been
generally known to the trade that there was to be an in-
quiry at the Mansion-house on that day, crowds would
have given their attendance. It bad been ascertained be-
yond a doubt that wherever opportunities occurred, from
delay of claim or any other cause, pigs were removed with
all possible speed to the yards of parties in the neighbour-
hood and sold, as it were, in the dark. The owners, who
were 600 or 700 miles distant from the metropolis, knew
nothing of the matter, although they no doubt were often
disappointed in the proceeds of the sales effected, nobody
knew how, except those who were waiting about to seize
upon the advantage. Here there was in progress a new
market in the vicinity of the wharfs, although it was re-
gulated by Act of Parliament that there should be no
other than those already established within seven miles of
London. In the case of the non-application of an agent,
the pigs ought to be sent to the public market for sale, in
order that the principal might be satisfied that the full price
was given for his property.
The LORD MAYOR—I dare say that what has taken
place here to-day will go a great way towards the cure of
the evil. The particular instance brought forward is cer-
tainly attributable to the neglect of Deputy Hicks's cor-
respondent ; but the evil of which he complains is a growing
one, and will become, if not checked at once, one of im--
inense magnitude, in consequence of the vast steam naviga-
tion between Scotland and the metropolis.