The Sun.
London, England, 1854-11-23 00:00:00

LAW lIVTELLIGENCE.—Nov. 22.

BAIL COURT.

THE QUEEN V. THE JUSTICES OF NORFOLK.-POOE'S BATE..

Mr. Palmer moved for a rule calii-g on the justices of
the county of Norfolk to show cause why they should
not issue their distress warrant to levy a poor rate. The
object was to determine whether the hamlet of South-
town, in the parish of Goolston, was in the county of
Norfolk. The case has been before the courts on two
previous occasions, but different decisions had been given.
Mr. Justice Crompton said it would be better to take
it in the alternative, either for a mandamus or a rule.

COURT.OF COMMON PLEAS.
FARRELL V. WALKER.-ASSAULT.
This was an action to recover damages for an assault
alleged to have been committed in turning the plaintiff,
who is an attorney, out of a public-house kept by the
defendant. The case was tried before Mr. Justice Cress-
well, last Friday, an_t the verdict was found fur the de-
fendant.

Mr. Hawkins now moved for a new trial unless the
defendant should consent to Enter a stet processus. He
said that it was clear upon the evidence that an assault
had been committed, although he was not prepared to
,:eny that merely nominal damages would satisfy the
justice of the case.

The court was of opinion that this was not n. caso in
which they ought to order a new trial.

llule refused.

COURT OF EXCHEQUER.
CUTHBERT V. CUMMING.-CHA.RTERPARTY.

Mr. Knowles and Mr. Burnie appeared for the plain-
tiff, and Mr. H. Hill and Mr. Henderson represented
the defendant.

This was an action for the non-fulfilment of a contract
under a charterparty. The plaintiff had effected a char-
terparty with the defendant, by which the latter had
undertaken to bring ever a cargo of sugar and molasses
from the West Indies. The ship took a cargo to Trini-
dad, and having discharged that cargo, was reloaded
with the sugar and molasses for the plaintiff. Upon her
arrival in London it was found that the captain had not
brought a full cargo, inasmuch as that space occasioned
by the sugar being in hogsheads instead of being filled
up by small bales of molasses, had been left unoccupied.
The jury, under the direction of the learned judge, re-
turned a verdict for the plaintiff, damages 139/. Bs. $(l.,
with leave to the defendant to move to enter a aonsuit.

ADMIRALTY COURT.—Nov. 22.
PRIZH CASIZS.

The Volga, which bad been captured under the Rus-
sian flag by her Majesty's ships the Miranda and the
Eurydice, was condemned, as to their lawful prize.

THE ELIZE, OTHERWISE TEM ELISE WILHELMINE

The Elise was a Danish vessel which had been char-
tered at Leith to go to Archangel and bring back a
cargo of tar and flax, provided that her crew should not
find the port in a state of blockade. The vessel took in
her cargo accordingly, and left Archangel with the per-
mission of the blockading squadron, some days after the
blockade had been declared. She arrived safe back, and
while in Leith harbour discharging her cargo she was
seized by the Customhouse officers. Restitution was
afterwards offered, but it was declined unless accom-
panied with damages and costs. The owner now applied
for restitution on those terms.

The Queen's Advocate and Dr. Phillimore resisted the
claim on the ground that the vessel had not in its posses-
sion the Latin sea pass which the Danish law required
every ship claiming that nationality to have with it.
Drs. Addams and Twigs, on the other hand, urged
that the Customs authorities had not had the slightest
pretext for seizing the vessel.
Dr. Lushington drew a marked distinction between a
commissioned and a non-commissioned captor. The
court had always been astute in finding reasons for pro-
tecting the commanders of her Majesty's ships, who had,
generally speaking, very slender opportunities of ascer-
taining the facts of the case. But he did not think that
the same ride ought to apply to the Custom-house au-
thorities. In the present case he should condemn the
seizors in damages up to the Bth of November, when
restitution had been offered, and in the costs.