The Sun.
London, England, 1865-12-29 00:00:00

THE CHRISTMAS HOLIDAYS.

The Christmas holidays commenced from last Saturday,
and continue for a few days, thCbusiness before the court
at the present time being of a purely formal character.

SHERIFFS' COURT.
(Before Mr. Commissioner Kerr.)
AN IMPORTANT QUESTION UNDER THE NEW ACT.-COOPER V,

CROLEY.

This was a motion for a decree to compel defendant to
conclude the transfer of certain shares in a public company,
and to pay over a sum of £54, the calls which the plaintiff
had been obliged to pay in consequence of defendant's
alleged neglect. The prayer of the bill set forth plaintiff's
complaint, but when the case was called on that gentleman
did not appear either in person or by counsel.
Mr. Harrison, defendant's attorney, stated that his client
admitted the allegations in plaintiff's bill, and the only
question between the parties was now one of costs.
His Honour remarked that he found by the bill defen-
dant admitted the facts, and the plaintiff did not appear,
he would perhaps be entitled to a decree. As regarded the
costs, it was clear he had been put to them, and therefore
the amount could be settled by the registrar.
Mr. Oxford (the registrar) pointed out that the fees had
not been paid, and the case was not properly before the
Court.

His Honour considered that as the defendant did not
dispute the complaint of the bill, the Court could decree in
the terms of the prayer, reserving the question of costs
until defendant had carried out the order.
It was here explained that the plaintiff was quite will-
ing to allow defendant to complete the transfer now, the
only question being a few shillings'as to costs.
His Lionour thought the best plan would be to let the
case stand over. He did not think he ought to dismiss the
bill, as the defendant admitted everything contained in it,
and therefore defendant had better complete the transfer,
pay over the £54, and the question as to costs could be re-
served. '

This was agreed to, and the case stood over.
It will be seen that a very important question arises in
this matter, and that the plaintiff has obtained an admis-
sion as to the prayer of his bill, notwithstanding that cer-
tain fees remain unpaid. The court has virtually decided
the subject matter between the parties, although the case
was not regularly before it ; and it is not unlikely that
upon some future occasion a rule will be laid down in refe-
rence to the payment of the fees in equity cases before this
court.

FOLICE INTELLIGENCE.—This Day.

--

WESTMINSTER.

RETURNING PROM A CHRISTMAS PARTY. - William
Mitchell, a man about 30 years of age, of respectable ap-
pearance, was charged under the following eirciimstauees
Miss Emma Barnsley, the daughter of respectable pa-
rents, residing at Pimlico, said that at a little after eleven
last night she was returning from a juvenile party with
another young lady, when the latter, on stopping at her
house in Ranelagh-grove, found the defendant sitting
upon the steps. She succeeded, in getting in doors
without any molestation ; but complainant was shut
out. It was raining at the time, and complainant
had an umbrella up. She was hastening home when the
defendant followed and took the umbrella from her, and in
so doing struck her on the shoulder with the handle of it.
He afterwards struck her on the left shoulder. A police-
man came up and took it from him.
Mr. Selle—ls he a stranger to you ?
Complainant—Perfectly.
Mr. Selfe—Did he hurt you ?
Complainant —Not much. He frightened me more.
Mr. Salle--He did not attempt any other liberty with
you?
Complainant —He did not.
Mr. Selfe (to defendant)--What do you say to this ?
Defendant—l was drunk, and don't know anything about
it.

Mr. Selfe—What are you ?
Defendant—A joiner.
Mr. Selfe—What do you earn.? '
Defendant—Thirty-five shillings per week.
Mr. Selfe—l shall fine you 15s for the assault upon this
young lady, and if you don't pay it you will be committed
for 7 days.