The Sun.
London, England, 1838-11-22 00:00:00

EXCHEQUER COURT.-(THIS

POSSE V. RACINE AND OTHERS.
This was an action for trespass against the defenants,
the first of whom was a collector of the land-tax, the others
were the I.4ndlord of the premises and the distraining
broker. 'File broker's man bad also been made a defend-
ant, but at the trial which was had a few days ago bet.°
Mr. Baron Alderson, the Jury found a verdict against the
three first defndants ad for the lat amed.
Mr. PLATT now moved for a rules Nin
si, to set that verdict
aside, and to enter a nonsuit on the ground of misdireetit:
and he did so by leave reserved to him by t'
Learned Judge. The facts of the case were, these %"..
The plaintiff was a weekly tenant to the defendant Long;
there were seventeen weeks' rent due, and the collector Or
Long had very frequently called but never could obtairci
any money nor entrance into the house. Fosse apPea,vrehe
at an upper window and put them all at defiance. '1",
defendant Racine called upon Long for the land tax leh;
several houses belonging to bins, but he refused to pay
stun of 2s. 11d., which was due for the house in quest-aa'"•
and told him he must go upon the premises for it. opt
tine said he must get the money, and accordinglY
and knocked tia:Te times at the door. At last,
an
usual, Mr. Fosse appeared at the upper wit410w,,.8.:(1
demanded what was waDted. On being told, he renl'),
to pay, and on being told by Racine that he would breao
open the door, he said " Break away, and he
ll
Racine put his foot to the door, wNeh, not being Icel.
_
fastened, immediately gave way, and Racine entere
u
Long and Harrison, as soon as they saw the door opo"
advanced, and entering the house made a seizure. ado,
paying the 2s. 11d. as soon as he got an entrance 131
The whole question turned upon the entering of itaeinbt;
and it was very important that the question should
tae
settled for the guidance of collectors of the lend, ;4
generally—the question was, whether under the 1.48-5,
Tax Assessment Act, the 38th Geo. 111. char)* its
sec. 17, the collector acting under the author
of the warrant of the Commissioners had a rigu". 6
break open the door of a house without the preset):
of a constable, tithing-man, or headborough•
cording to that section of the Act, he (Mr. P.) conterlust
that the presence of such an officer was not necessary
the entering of the house, but was so at the breaking.°Peof
of any box, chest, or trunk, when inside ; for the dolt* 0
which, also, the collector required a special warrant fr°
the Commissioners.
The COURT said the language of the Act was verY t°11);
biguous, but they thought the latter words, directing the
presence of a constable, tithing-man, or headborough, °vat
rode the whole section. The direction of the Lea'l:6l.
Judge was correct, and the verdict should not be iiistur—
Rule refused.

CALVERT V. BAKER. cr 001
This action was also tried before Mr. Baron Alcie''
when a verdict was found for the defendant.
Mr. RICHARDS now moved for a rule nisi for a new trial
b;
The action was upon a bill of exchange for 401., dreWiltet
Bateman, and by him indorsed to the plaintiff, and aecel'i,-d
by the defendant. At the trial it appeared that there,Pby
been an alteration made in the bill after it was acceptertl
its being made payable at Williams, Deacon, and
banking house ; the struggle between the parties 'or
whether the alteration had been made by and with the the
sent of the defendant ; but the jury having found fbrAnot
defendant, he (Mr. R.) was bound to take it that it 110", p -
without content, but on the authority of Walters, that
Cubley, in Ist Crumpton and Meeson, 2, he contended aig
the alteration was not one which could be proved under
plea of non-acceptance. 4 id'
Mr. Baron PARKE—You did not produce the hilL "b
had been made by the defendant. tlO
Mr. RICHARDS—The Court being against him 00 the
point would go to another. There was also a count ie
declaration upon an account stated, and they produce, is
the trial a letter sent them by the defendant's sorleitro/
which he stated that the defendant had never accepteubil
bill payable at any place in London ; that he alvraY,olo
been and was then ready to pay the 401. the moment 'aro" ecl
presented at his own house in the country. The Le
01
Gentleman contended that this was an admission 00,d
was due, and that the plaintiff ought to have reel—
upon the account stated. 11 ell
The COURT—It merely said that whenever the bi- pis
presented at a particular place it would be paid*"
refused.

BOW-STREET.—(THIS DAY.)
Charlev
A young man named Frederick Pearce, 21, 011
street, Middlesex Hospital, ilJaryiebone, was bretigleek
by Lloyd of the F eharvd with stealing ar,
from the house of Mr. Henry Hudsoo, coffee-shop-keer
14, Charles-street, Covent-garden. r
George Willis, an intelligent boy, who ac,ts as wa,teatiOt,
the prosecutor, stated that on Thursday, the 15th to
about six o'clock in the evening, the prisoner went °Pith
the first-fluor room, and calld for a cup of tea;
which he was served. After delaying a few minutes.reitji
ing the paper, he was met coming down stairs 'IA/
his great coat thrown carelessly across his shoulder, to:"
which something bulky appeared. There was no other rol?
son in the room at the time, and upon witness goinitios
stairs for the purpose of attending to the fire, be faun aseit
the clock had been taken away. On examining the %OA
was discovered that the screws had been drawn to fee
the removal of the works.
The prisoner put several questions to the witness -et of
that the outward door was constantly open, and till'
person might have gone up stairs without observatioa•to ge
The witness said it was impossible for any peroP atis;
up stairs without his knowledge, as the door made a cto'
noise, and he was constantly •on the alert to attend ert
aej
tomers. f
When the prisoner was apprehnded there were ° cot"
his possession pincers and serew-e drivers, which liPe°lolo
pars on appeared to have been used in removing e 5(0
Mr. MINSHULL enquired if any other charge to
•
to be preferred against the prisoner. 107
Mr. Ampleford, proprietor of an eating-house, ll'ho is
lebone-lane, stated that the prisoner's father, ars
most respectable man, holding for several Yerboll
situation in the household of Prince Ete.atiory
to
had agreed vv.;;h him and many others -yroh
the prisoner certait, necessaries, for which he jo
be responsible, as he couiu: not suffer him to contintleAboroo
family, in consequeace of his improper conduet.,, 503 e
three months ago he came arid had dinner, as usaaday' iseli
going away he stood in the hall, as eveni°ift, gre;
when the female in attendance, meeting W't"„id refroo
coat thrown over his shoulder, requested be we" sea 1,-0
and avoid the rain ; but he refused, and went avo;1, '2.hotty
her entering the room immediately after, she fowl°
clock had been taken away.
iSI
The prisoner was about to cross-examine the lcittie b(1
a very impudent manner, but Mr. MiNsHuo, oriAere

to be remanded for a week.
MA.RYLEBONE.—(THIS DAlt")t aP
A cab-driver, named Joseph Horne, was
coos
"trobw
charged with hiving robbed his master of a :4
„oer
quantity of harness and a great-coat.
Police constable S 15, stated that he met the P511.10„,5'
Churchway, Somers' Town, this morning, about le-a lii";
five, and knowing him to be a bad character, he os,j'ebeilm
where he got the bundle he was Carrying. The rept,'
unsatisfactory, he took him to the stcition•house. .601 !ll'
Mr. Cole, of No. 18, Drummond's-nigwg, s°:B
property as being his. Horne had lived wily PL:.";!er
time, but was long since discharged.—The

fully committed for trial.
,-, itf.7
THE MARKETS.—(THIS -1.-'-
~„____. Obi
HUNGERFORD MARKET. „prices to
Good supplies of all kinds, and a fair trade. "„,)d Po,
out any important variation. Fish :—Turbot, 65',0-(1. ;o°oo
21s. ; Soles, 10d. to 3s per pair; Lobsters, • °ow or
t ° tt°
each; Cod, 2s. to 15s. and higher. Meat in bu . g° 11P
Veal, d7teim.
taondB,idand; prices unaltered. Beef, 73-d. tote Si'cli:i XlOl
7d.
In Vegetables
variation as to price; an
continue as before. dtbe
Bd. to 9d. ; Pork, 74-dd.naylua CO
CITY FISH MARKET. , vrioe44 ;
Supplies good to-day, but trade WO not goou ; i'iod-cit;
same as yesterday, Turbot, ss. and 63. t0,21,50' 39. te: 6a'
Soles, ad. to 2s. '6d. per pair ; Lobsters, ga* .. 3cb '-
Cod, ls. 6d. and 2s. to 10s. and 12s. ; Whitiflgr,
1):. 1
S:1
09.
HAY
MARKET
each ; Haddocks, sd. to 10d. each.
. ,
,I. •d, and the d d brisk. Prices 1i

beftrePPlicHsayg,o7ouo,s. atnoa
itihoes.d;emcaino;er,
951
.
tu;
321.price.,1
i et
dmo
p3Bs continues.
Turpentine
Bp A
Ll
T dI
quiet;vc
qupttreiceast
are4o /fi. ,rmb,ubt
usear ryhPeeßelrilieoygsihaDso,ni UrynaittooChstdiE6n
gm3ssMutd...coAhipanßnogdt:eoritr;:bgoi. ib:3efooe:osopeo.l,o:
OIL MARKET. Pale Or -
n43044tT/s.;:m-Saioiduthberronw,n,24s3/.sto 25/. 10s ; Cod, 341 to Paler t
quality of Sperm, 801.; Linseed, 265. 6d. per cwt.;
duaoyh theretlo4l
CwOasLvOerNy IliAttllie
businessMAßKET. oleo elif
y a t
ypeasstseirndga b,
sy
pricesprivate o
fc o4tBttsr.actto. bs23st.rnuP:'lri,c!bugr.olcori,6o;(
lowly
525. 6d to 61s. for yellow, low to good, and of 7. geoPia
for fine. Barbadoes is quoted at 575. 6d. to 66st 6blic Ssil;,jCb
Sugar secures but little business. To-day bY Coffee, Ili&
had 150 casks, 161 bags, and 47 barrels B. P. lsid‘'l,ool
sold at prices for the bulk at 103 s. to 110 - foroia st solo
which are former rates. Pimento, 191 bags 5 veil g 0
3d. per lb. for common quality. Tea is bags
raositt oe
business at the present moment, and not mu".,rorrev.o3
Spices. Rice is brisk, and pricvs firm. For to-ttt262.0 cttgig
have public sales ~f' 1,000 bags Bengal Su to-
''''''"lc'e' ; 2,7001:':-s Saltpetre ; 2,000 bags and r"
bales of Cotton, chiefly Surat ; 73 puns. Molasses
Tobacco. The imports continue rather light.