The Sun.
London, England, 1831-11-10 00:00:00

o

JUDGMENT.—THE KING v. THI.
MIDDLESEX.•
At the sitting of the Court this mornir
Court in the above case was delivered by .
He said that this was a case argued a few thi)
sought was a mandamus against the defendants
to appoint a surveyor of the high ways for the parish of St.
James's Clerkenwell.
For the defendants, it was objected that there was a local Act,
which placed these highways under the management of Com-
missioners to be appointed under that Act. In the same
session of Parliament another Act was passed, cal ed the
Metropolitan Road Rill, which placed all these road,
under the controul of surveyors, who were charged with
the keeping of them in good repair. However, they neither em-
braced the whole of the subject matter of this application, for
though the Court granted the mandamus, still the Commis-
sioners under the local Act had the power of watching and
lighting. That of the two Acts which last received the Royal
assent, was the one which would guide the Court in their deci-
,ion. Till a late period, all Acts which received the Royal assent
in the same session were considered as of the same date, but now
a better practice was adopted, and the date when an Act of Par-
liament received the Royal assent was indorsed on the back of it.
This was decided in the ease of the " Attorney-General against
the Governor and Company of the Chelsea Water Works," which
was in this Court, and the question rested on the same ground,
namely, which of two Acts of one session was the proper one,
and in the decision the Court laid down the rule, that that one
which list received the Royal Assent was the one which ought
to be acted upon. Following this rule, the Court found that
the Metropolitan Road Act had last received the Royal Assent,
and of course made the rule for a mandamus absolute.—Rule
absolute.

COURT OF EXCHEQUER.-(THIS DAY.)
Their Lordships took motions, only two of which were brought
on ; these being disposed of, Air. Baron VscuitsN sat at nisi pries.
REID v. GREIG AND ANOTHER.
This was an action for 60/. on a Bill of Exchange. The parties
live in Gosport, and are relations.
Mr. CLARK, K. C. (with whom was Mr. Platt) stated the
case to the Jury. He then called Captain Reid, the father of the
plaintiff; who stated that he was a Commander in the Navy. In
1820 or 1821 he lent the defendants (father and son) about 53/.,
for which he received a bill. When it became due they could not
pay, and he renewed it from time to time till 1827,when he trans-
terred it to his daughter in consideration of money which he was
indebted to her ,• the last bill, the subject of the present action,
was made payable to her.
Cross-examined—Had taken the benefit of the In-olvent Act
in 1830. Part of the original money was his daughter's--551. and
two dubloons belonged to her, and he was also indebted to her
' 181. 18s. for a piano of h I's, which he sold at a time when he was
in want of money. Was discharged by the Insolvent Court
in the year 1819. The witness begged leave to explain this
circumstance ; he stated that at) action was brought against
him for the value of a ship which was lost while in his custody.
He took possession of the ship in consequence of orders from his
Admiral. After the action glad been litigated for five years, a
verdict was got against him, for which he was obliged to go
through the Insolvent Court. But there were no other debts in
his schedule at that time, and on the late occasion he was ar-
rested ter a debt which his son had contracted while he was abroad
on service ; but since his discharge he had paid his creditors Ills.
per pound, which he was enabled to do in consequence of having
since been promoted. Some of his creditors would not receive'
it, as they thought he had been hardly dealt with.
Richard Reid, a brother to the last witness, and brother-in-law
to one of the defendants, and uncle to the other, proved that
when the defendants were arrested, he was employed by them to
make an offer of settlement to the plaintiff", attorney.
This was the plaintiff's case.
Mr. GURNEY (with him Mr. Follet), for the defendant, said
that it was no part of h s case that the money was not owing,
but he contended that the whole of the money was the property
of Capt. Reid, and, of course, they were liable to that gentle-
man's assignee. He said that he would prove that that bill was
drawn in the present pLintiff's name, after he was arrested, and
merely for the purpose of being safe,—that was, that his creditors
might be defrauded of the amount.
The LEARNED JUDGE did not consider that the defend-
ants had a right to plead their own fraud as against the present
plaintiff; for, by the Learned Counsel's own showing, they
were parties to the fraud.
Mr. GURNEY said, if he proved that, surely the plaintiff
could not recover, for then the defendants would be liable again
to pay the money to the assignees.
He then called a daughter and a son of the eldest de .endant,
who both stated a conversation between their father and Capt.
Reid, to the effect that the change in the name on the bill was
for the purpose of saving the amount.
Mr. CLARK replied, and characterized the defence set up as
a most fraudulent and wicked one, but being a quarrel between
relations of course there was inr,re asperity to be looks,: for than
if it had been otherwise. The Learned Counsel having replied
to all the points,
The Learned JUDGE summed up at great length, and the
Jury, after a short consultation, returned a verdict for the plain-
tiff—Damages 721. 10s., costs 40s.

EXCHEQUER CHAMBER.-(THIS DAY.)

SMALL v. ATTWOOD.
The LORD CHIEF BARON sat this morning in this Court
at ten o'clock, when Mr. Knight resumed his address for tile
plaintiffs. The facts of the case are not of public importance.
I'he Learned Gentleman had not concluded his arguments when
our reporter left.

COMMON PLEAS.-(THIS DAY.)

YOUNG v. MARSHALL AND OTHERS.

Mr. Sergeant NI, ILDE slated the case to the Jury, from whirls
it appeared that the plaintiff sought to recover the sum of i1;30/.
from the defendants, who were the late Sheriffs of Middlesex,
that sum having been received by them by a sale of certain
goods and chattels, belonging to a bankrupt named Young, seized
by th 2 defendants in execution, previous to which a commission
of bankruptcy had issued against him.
David Hughes produced the commission of bankruptcy, dated
Dec. 1830, against Mr. Charles Young, ireturesdealer, of Craig's-
court, Charing-cross, the petitioning creditor was a Mr. John
Overton. The assignment was dated sth of March, IS3I.
Mr. Benton, an auctioneer, stated that Charles Young (the
bankrupt) in November last applied to him for a loan of 3001.
apon security of property in his house and other that was in
pledge, hut he did not then make the advance. At the end of
thc, month he had a conversation with him respecting a bill
drawn by Charles Young, the bankrupt, upon Mr. John Young,
the father, for 1371. I6s. The bill was in the hands of a Mr.
Fl•ght. He applied to him (witness) to assist bins in paying that
bill, but he did not, and Young then asked him to apply to Mr.
Overton to advance the money to take it up upon the security of a
second bill upon the father, Mr. John Young. Witness applied
to Mr. Overton, as also did the bankrupt himself, to advance the
money, and he believed he did so.
Mr. John Birkett, a solicitor, stated that the bill for 1371. was
placed in his hands by a Mr. FThght, the 6th December; he re-
ceived a cheque for the amount from a Mr. Overton.

Mrs. Mitch'ell is wife of William Mitchell. In January last she
resided in Bedford-place, Kensington. Mr. Charles Young slept:
two or three times at her house during that month ; he stated
that he was fearful of being arrested by a Mr Rose, and always
requested the garden gate to be kept locked for fear of arrest.
Hall, a picture-dealer, proved that in the beginning ofJanu-
ary last he saw Young at a public-house in Bear-street, Leices-
ter-fields, when he told him that he was afraid of an arrest.
Lewis, a Sheriff's officer, handed in the warrant to levy,which
led to the present action. It was dated February 8, 1831, two
months subsequent to the issuing of the Commission of Bank_
ruChiTliam Henry recollected the officers being in possession
under that warrant, and recollected the sale of the goods, which
amounted to 2201. or thereabouts.

This was the ylaintiff's case.
Mr. Serjt ant TADDY was addressing the Jury for the de
fendants when our reporter left.

THE FUNDS.-(THIS DAY.)

CITY, TWELVE 0' CL 0 CK.
We have seen two private letters from Prest• n this morning,
and we are happy to say that the accounts published are greatly
exaggerated ; there certainly was a serious riot, but it was soon
put down ; the letters arc to the following purport At nine
o'clock in the morning of the 7th, Hunt left Preston, supposed.
for Leeds, when a few of Hunt's risen, about leo, assembled irc
the centre of the-town, and proceeded to the west end to some
of the button manufactories, and compelled the masters to stop
their work and send out the workmen. The mob increased, and
proceeded to the prison, where they were fully prepared to re-
ceive them, as muskets were pointed out of the prison windows,
as well as from other quarters of the prison, which caused the
mob to halt, and they began to waver, and immediately retired to
a wood-yard where they procured staves, but Hunt's leading men
kept out of the way."
The following is an extract of a letter received from Preston,.
dated Nov. 8 The night has passed off quietly ; three corn.
panics of the 80th Foot have marched in, which ha, given great
pleasure, and since their arrival all has been peaceable. The
whole of the outrages were committed in the open day, and only
one individual has been arrested. The mob had an adjourned
meeting this evening, after which they dispersed quietly."
Letters have been received this morning from Antwerp, dated
Nov. '7, which state that King Leopold will withhold his signing
of the twenty-four articles until he is recognisr d by the Five
Powers. An armistice is talked of there for four months.
As some unfavourable rumours are in circulation is regard to
the cholera at Sunderland, we have in consequence been to two
houses in the city who generally have letters, but they have none
this morning, therefore we regard the rumours at present as
premature.
THE FUNDS.

The express from Parisisc7nlviiMToiiant in one circumstance.
The Bill brought in by the Ministers for 300,000 disposable
National Guards, owing it is supposed to their going to diminish
the regular army.
Consols, which left off yesterday at 8'2%, buyers, opened at the
same price, and are at present BdS 1.11, for money uith
little doing.
The Dutch steamer has not yet arrived, but is anxiously
looked for. . _ .

In the Foreign Market nothing doing as yet.
HALF-PAST ONE.

lip to the present hour we have nothing official in the city in
regard to the cholera at Sunderland. There is a letter received
from Newcastle, dated the Bth inst., posted in one of the coffee-
houses in the city, stating that there has been since the com-
mencement of the disorder twenty-one cases. sixteen deaths, and
one recovered.

Consols, which were in the early part of the morning at S 3?
7;3 for the account, have receded to owing to the unfavour-
able report of the cholera.
In the Foreign Market no business going forward. We hear
that the accounts from Germany are favourable.

TIHIRE O'CLOCK.

Consols,

theA Cabinet
Foreien.offierCo ,
wuhniccii,lwsassa,led thistlenl,iedtno
the
Marquis
niaotf
LANsnowNE, Earl Gary, Lord MELBOURNE, Lord AL-
Trioar, Lord AUCKLAND, the Duke of RICHMOND, Sir
JAMES GRAHAM, Lord JOHN RUSSELL, awl SAN•
LET. The Ministers were in deliheration when we went
pre4s.
All Poland emigrates. The Emperor NI-
CHOLAS, therefore, gives an a:-.nesty to the Poles in c.t"..
—Figaro.
DitURY-LANE.—The Exile was acted last
night. M:ny 01 the parts were extremely well acted.
Mr. MACREADY played Daran ti,) well as to leave au:Ling
tobedel:No a
desires but
th
ar
Gorro
rete worthy
wisiu
subjects fur his talents.
,‘ir. rA
pkasant a te•ty
g,titletnen as could be conceived. The part Of Gitiht
Calmar fell to the lot of Mr. J. RUSSELL, who i.'isptated
in it less of that disagreeable m.innerisin which (dun
•poils all the efforts of his industry, and dimint,hes the
hires of that humour of which be possesse6 co ineons der-
aide share. The dremses and appoint:vents appeared the
worse for wear, and excessively dingy. In oth.r tespeets
the play was not ill gol up.

I
" )-
KING'S DENCII.-( • -----' .' l'''' ''
ite
---11, igeht .
7,-).: v v ,
tysM
ftl-To 7,1