The Sun.
London, England, 1839-01-19 00:00:00

THE SOUTHEND PIER COMPANY.

Mr. PRICE moved for a mandamus to the Court of Quarter
Sessions of Essex to enter the continuance up and hear an
appeal by certain barge owners against a conviction under the
Southend Pier Company's Act. The appeal came before the
Justices at the last Sessions, but only part of the matter was
heard, and the application now was that they might re-hear it.
Mr. Justice PATTESON, after he;:ring a very long statement.
directed the Justices to hear that part of the case which had
riot come before them.

EXCHEQUER COURT-(THIS DAY.)

FOSS V. RACINE AND OTHERS.

Mr. PLATT moved for a rule nisi, calling upon :he plain-
tiff to show cause why the Master should not review hie taxa-
tion. The plaintiff sued in forma pauperis against four de-
fendants, for slander, trespass. and assault. The Judge, 0v
the trial, immediately charged the Jury to find a general ver-
dict fur one of the defendants, and the Jury subsequently
found for the plaintiff, with 40s. damages against three of the
defendants upon only one plea. The Master at the taxatiosi
gave the plaintiff the general costs of the trial, and upon ap-
plication to Fox to pay the costs against the plaintiff of those
parts found againq him, the Master declined, on the
ground that a pauper paid no costs. The defendants merely
wished the costs to be set off, and surely that was fair. The first
Act which gave costs to the chi,-.ndant was the 23d Henri
VIII., and in it was enacted that paupers should not pal
costs in any action, but if nonsuited or the verdict be against
him in any action but trespass or slander, he should- be liable
to any punishment the Court might think proper. The laW
was funher amended by the 4th of James chap 3, which
gave the same redress in actions of slander and trespass as the
former Act gave in all other. The next Act regulating costs
was that of the 3d and 4th William IV., but that Act, aq
well as the 7th new rule of Hilary Term of the 4th and.
5:13 William IV., related only to paupers not paying'''
casts. In this case they did not ask for costs--•
all that they asked was that those costs to which
they were entitled should he set off against those found for
him. When be had to receive costs the Court will treat hill"
in the same manner as they should any otl-er person.
Lord ABINGER—It is expressly enacted, and has been re-
cognised in many cases, that a pauper pays no costs.
Mr. PLATT—But we do not ask him to pay—we only ask a
set-off.

Mr. Baron PARKE— HO is entitled to receive costs, and not
to pay. Allowing a set-off would be virtually making bim
pay, and therefore we cannot grant the application.
Mr. PLATT—That, my Lords, will offer a great premium
fur the bringing of frivolous actions.
The COURT—We cannot help that—we are bound. The
Master, however, has gone wrong in giving all the costs of the
cause. He is only entitled to the briefs and Counsel's fees
for that part of the declaration which was found for him.
Mr. PLATT—The verdict was 405., that is under 51., and
therefore no Counsel's fees ought to have been allowed.
Tho rule was granted for reviewing the taxation on those
two points. _ _ _

After some other business of a purely technical nature, the
Court rose at half-past twelve o'clock, their Lordships having
to meet the other Judges upon some Crown cases.

LLOYD'S SHIPPING.-(THIS DAY.)

DEAL, JAN, IB.—Wind, N.N.W.—Came down from the River and
sailed the Chilian, Holson, from Valparaiso ; and several others.
PORTSMOUTH, JAN. 18.— Wind, N. N. W. to N. W„ flne.—Arrived
the Darks, Davis, from London ;- Claudine (steamer), ditto ; Susan,
Mitchell, Newcastle ; Sarah, Bathurst, Dublin ; Benjamin Green,
Lawson, London. Sailed, her Majesty's ship Cameleon, for theWestwattl;
Pauline, Klan, St. Thomas's; Dart, Davis, Madeira; Enterprise*
Green, Waterford ; Wetheral, Hicks, Cardiff; Favorite, Field, Pen-
zance; Ceres, Petty, Falmouth; Eclipse (steamer) Russel, Dartmouth
Passed by, the Forrester, 111` Arthur, for London; Medborough, gwiny
ton, ditto ; Ann, Griffith, ditto ; Jane, ditto.
PLYMOUTH, JAN. 17.—Wind, N.N.E.—Arrived the Roxburgh,
Castle, Cumberland, from London ; Devonshire (steamer), Dublin ;
Thomas (steamer), London. Sailed, the Royal William, Swann, 'cot
Calcutta ; Trevor, Lund, Smyrna ; Aid-de-Camp, Jones, St. John's;
Fenwick, Keating, and Kate, Cuthbertson, Gibraltar ; Abeona, Jerretts
Baltic ; Convivial, Gloucester.

FALMOUTH, JAN. 17.—Wind N.N.E. to E.N.E., strong breezes and
fine.—Arrived the Devonshire steamer, Mills, from Dublin. Sailed the

Margaret, Taylor, for Tobago; Prince.Cobu;g, Smith, TrinidaZSky-
lark packet, Lieut. Todd, Havannah and Mexico, with mails; Hope
packet, Lieut. Lees, West Indies, with mails; Galatea, Proudfoot, Alg'oa
Bay; Erneline, Cromaster, Barbadoes ; Elizabeth, Cuming, Lisbon ;
Devonshire steamer, Mills, London.

LIVERPOOL, JAN. 18.—Wind variable.—Arrived the Seymour,
Crouch, from the Mauritius—sailed Oct. 21 ; Mary, Ballard, Natchez;
Greyhound, Terceira; Anasibea, Trerethan, Naples. Sailed the Broad-
bak, Mackay, for Bombay; Thalia, Grake, Calcutta; Formosa, Adams,
New South Wales; Frankland, Harrison, Calcutta; Charles, Willis,
Monte Video; Cabatio, Ashton, Bahia; Messenger, Bailin, Rio Janeiro ;
Sisters, Short, Trinidad ; Emerald, Simpson, Havannah ; Arethusa.
WITCe , Barbadoes ; West Chest er, Ferris, New York; America, Stopford,
Mobile; Clio, Daly, Halifax; P.H—, Alexandria; Commerce, Primrose,
ditto; Elizabeth, Morrison, Odessa; Challenger, Hermon, Smyrna;
Ja-
dith, Harman, Messina; Emerald, Thomas, Lisbon ; Ware, Lovell, ditto.
COWES, JAN. la—Wind N.W. by W.—Arrived the Darny, Miller,
from London. Sailed the Ann and Eliza, Roberts, for Liverpool.
RAMSGATE, JAN. IS —Arrived the Norham Castle, Davidson, front
Newcastle, with bows stove and leaky; Union, Fast, Youghall. Sailed
the Alrick, Norgrave, for New Orleans; Ann, Skinnar, and Madonna
del Laura, Laura, Naples; Lord Glenelg, Simpson, Gibraltar; Mungu
Park, Anderson, Malta; Francesco, Vessen, Lisbon; Janet and Marl,
Douglas, Charente.

LIVERPOOL, JAN. 17.—A water cask, marked Swift, has been washed
on shore near Formby. The Seymour, Crouch, from Mauritius to
Liverpool, sailed 21st October, 'in company with the Centurion, for
Liverpool; the Heart of Oak was to sail in about ten days; passed St.
Helena 2d December. On the Bth November, lat. 35 S, long. 25, spoke
the Ilcbe, from London to Mauritius ; sth December, lat. 11, long. 11,
the Clyde, from Calcutta to London; and 16th December, lat. 5, N.
long. 23 W., the Johannes, from Elsinore to Rio Janeiro.
AMSTERDAM.—The Caroline, Weath, from Yarmouth to Scotland,
was stranded at Terchelley—twelve of the crew saved.

Lt
NN, JAN. 16.—The Commerce, of Ipswich, was abandoned, in a
sinking state, on the 10th inst., off the Texet—crew saved by the Sydney
packet, arrived here.

BRIDLINGTON, TAN. 18.—The Hope, of Aberdeen, is roported to
have been abandoned, and crew saved by the Jane Darby, arrived
here from the Lynn. The Flora, Giles, of Lynn, was abandoned on the
7th inst.—crew saved.

WORKINGTON, JAN. 19.—The Cherubs, Ditchburn, was towed off
the Cloffart, this morning, without apparent damage.
FALMOUTIL—About I 0 or 12 tons of sulphur have been saved from
the wreck of the Leander. The vessel has gone to pieces.
ILFRACOMBE, JAN. 17.—A boat, 17 feet long, marked " Thomas, of
Dublin, William Williams, master," has been picked up.
LYNN.—The Bonham, of Rochester, was abandoned in a sinking state
—crew saved.

CurnsrmA—The Nordstermira, from Christina to Cherburg, has been
taken into Mandohl, after being abandoned.
BELFAST, JAN. 18.—Arrived the Rebecca, Drake, from St. John's,
New Brunswick.

DUBLIN, JAN. 17.—Arrived the Shannon (steamer), from London.
Coax, JAN. 16.—Sailed the Barossa (packet), for Berbice; Kinyaloch,
and Mars, Kyan, for Newfoundland.

HULL, JAN. 17.—Wind W.N.W.—Arrived the Dee, Granger, from
St. John's, New Brunswick.
YARMOUTH ROADS, JAN. 18.—Arrived the Johanna, from London,
with loss of sails; Delaval, Bana, Newcastle, with loss of nearly an
her sails.
BRISTOL, JAN. 17.—Sliled Blenheim, Hayden, Newfoundland.
MILTON, JAN. 17.—Sailed Elizabeth, Clarke, Constantinople, and all
outward bound ; Nais, Gishing, Canstantinople.
DARTMOUTH, JAN. 17.—Sailed the Rosalie, Allsop, Alletta, and
Flowers, for Leghorn; Helene, Jacobs, for Liverpool.
MARYPORT, 'JAN. 17.—Sailed the Martha, Master, for Barbadoes.
Sr. Ives, JAN. 16.—Sailed Britannia, Francis, for Leghorn.
SWANSEA, JAN. 16 —Sailed the Honwood, Salmon, for Cuba.
SCILLY, JAN. 16.—Sailed Flying Fish, Edwards, Mediterranean.

The Burham is abandoned in a sinking state, off the Dogger Bank—
crew saved by the Richard and John, of London, arrived at Boston.
Part of a wreck has been seen off the Dogger Bank, with 134 tone
marked on one of the beams ; also a brig with topmast gone, apparently
waterlogged and abandoned.

The Ocean, Peters, and Soundes, were stranded an the Bth instant, on
the Hook of Holland. The Captain and Mate of the Ocean, and all
the crew perished.

The Conflance eu Dieux, from Gravelines to Newcastle, was
stranded on Eyerland, on the 10th instant.
"""

The Thwaites, Forester, for London, put into Ramsgate yesterday,
with considerably damage, and leaky, having been in contact, off Dun-
geness, with the Norham Castle, floor Newcastle to Alexandria.
The Christiana, Hill, from Shields, was totally wrecked on the
Goodwin Sands yesterday—crew saved.
The Earl of Durham, from London to Newcastle, was wrecked on the
4th instant—crew saved.

The Mary Ann, Dawson, from London to Gainsborough, was towed
into Harwich on the 17th instant, leaky, with loss of spars, sails,`and
masts sprung.
The Baltic Merchant, Bruer, has been assisted into Lowestoft leaky,
having been on the Newcombe Sand.

MEETING OF IiOOK:sELLERS.--A mcoing Of the
prineip d booksellers was held yesterday at the London Coffee-
house, with a view to take into consideration the present state
of the bookbinding business, and to take such steps as would
prevent the present spirit of combination among the journey-
men bookbinders.