The Sun.
London, England, 1838-12-12 00:00:00

THE SUN, LONDON, WEDNESDAY, DECEMBER 12, 1838.

merchant; of Liverpool ;or Bristol, or their clerks, be I
guarded from the temptation of profaning the Sabbath less
anxiously than the merchants and merchants' clerks of
London ? If the Post-office would acquiesce in the ex-
tension to all the towns of Great Britain and Ireland of
one regulation, now so properly enforced in London on
Sundays, a sufficient guarantee, as it seems to us would
thereby be afforded against the specific danger to the me-
tropolis, which constitutes the chief if not the only ob-
jection to an improvement in all other respects most desir-
able. But until some such guarantee is offered we hope
and believe the opposition to any change whatever of the
Sunday regulations of the London Post-office will be con-
tinued and will be invincible.—Morning Post.
It is consistent with the character and congenial with
the policy of a Godless Government to introduce a syste-
matic desecration of the Christian Sabbath by the delivery
of letters in the metropolis on that day heretofore set apart
by the ordinances of our holy religion to rest from worldly
labour, and the duties of piety and devotion. It becomes
the Government that has already, as far as it could by
vicious legislation, degraded the holy rite of marriage
.nto a mere civil contract, attended with just as much
of Christian solemnity as the bargain and sale of
horse or cow, to convert the " Sabbath of the Lord"
into a day :of worldly traffic. But it also becomes a
Christian people to resist with one heart and voice the
profane and scandalous innovation on the decent and
solemn observance of the Divine canon, which se) s,
" Remember the Sabbath-day to keep it holy." The
downward spirit of a grovelling Utilitarianism that,
under a Government unblest by any religious in-
fluence, is making dreadful ravages on the Christian
and moral character of the country, is not satisfied with
having six days out of the seven devoted to Mammon ; it
would take the seventh also from the service of the ever-
lasting Creator, and give it to the god of this world. The
high tone of Christian feeling in England must be gone ere
this execrable scheme of Sabbath desecration, though sup-
ported by a Whig Government, succeeds ; and when that
is gone, and the " reverence" for the Sabbath in England is
on a level with that of infidel and Popish France, we may
bid farewell to England's greatness too. We scorn to argue
this question, as some do, upo❑ secular grounds, because
we cannot allow human policy to either detract from, or
aid strength to, the clear and positive ordinances of reli-
gion. When England, which has been hallowed by being the
resting-place of the ark of pure Christianity, ceases to be a
religious nation, she will have forfeited that place among
the kingdoms of the earth which her opulence, her arts,
her commerce, her military power, her naval dominion,
could not give her—that place of especial protection which
she has long enjoyed under the shadow of the strength of
the Most High, whose mercy has wonderfully preserved
her amid the trials by which neighbouring nations have in
our own time been terribly afflicted and chastised. A
latitudinarian or Godless Government, like Gallio, " careth
for none of those things." Its delight is to gratify the
Mammonites—its taste is to please the scoffers. The
principle of Protestantism, which is the spirit of the Re-
formation, of purified Christianity, of scriptural truth, it
would place under " great discouragement" and afflict with
a " heavy blow." The introduction of a systematic dese-
cration of the Sabbath would assist it greatly in this work
by familiarising the people with the habitual violation of
the decent solemnities of Protestant practice.—Morning
Herald.

LAW INTELLIGENCE.

COURT OF CHANCERY, DB& 11.

GREENHALGH V. THE MANCHESTER AND BIRMINGHAM

RAILWAY COMPANY.

The arguments in this appeal motion were resumed anti
concluded to-day.
The LORD CIIANCELLOU said he would give his judg-
ment on Thursday.

ROLLS' COURT, Dm. 11.
CLOSE► V. WILBERFORCE.

The arguments in this case were to-day concluded.
His Lordship the MASTER of the ROLLS, in giving judg-
ment, said that the plaintiff in this cause, Mr. Close, was,
in the year 1823, the under lessee of the property now in
question. It was held for twelve and a half years less five
days, under various covenants, some of which were usual,
some special. Both the plaintiff and the defendant ap-
peared to have been members of a company established in
1826, called the London and Westminster Dairy Company,
and it was proposed early in that year that this lease should
be used for the purposes of the Company, by being assigned
to trustees to hold it for the benefit of the Company. The
Company, however, did not succeed, and the property was
put up for sale by public auction. It was not sold by public
auction, but some time after the defendant, Mr. Wilber-
force, became the purchaser of the leasehold interest. His
Lordship, after referring to the particulars and conditions
of sale, said that he had no doubt that it was an agree-
ment to purchase the leasehold interest. He could not,
however, help thinking that the defendant was bound to in-
demnify the plaintiff, but at the same time he did not think
that the precise amount had as yet been satisfactorily ascer-
tained. He was not quite sure that the 4501. was the
amount of damage which he ought to pay ; but if that
sum were disputed by the defendant, it must be made the
subject of an investigation before the Master. He would,
however, recommeml some agreement between the parties
on this subject. The case might, therefore, be mentioned
some other day.

COURT OF QUEEN'S BENCH, Disc. 11.
ELLIOTT V. BROWN AND ANOTHER.

This was an action for money had and received. The
defendants pleaded the general issue and a set off.
The plaintiff was a part owner of the ship Aire, and had
been a partner with Messrs. Turnbull, who were also part
owners of the vessel, but the general partnership had
been dissolved. The defendants were coal-factors and
insurance-brokers, and in the latter character had ef-
fected policies for 6001. and 2001. on the vessel in
question. These policies were effected in the names o!
the defendants, but for the benefit of the owners, and,
as the plaintiff contended, that the policy for 200/.
was in fact effected for his peculiar benefit. The vessel was
stranded in November, 1837, and the underwriters wet...
called on to pay the loss. The defendants called on the
underwriters to make the payment to them, but the plain-
tiff put in a counter claim, and gave the underwriters no-
tice not to pay the money to any person but himself. The
defendants, however, insisted on the payment being made
to them ; and the policies being effected in their names,
the underwriters, notwithstanding the counter claim of the
plaintiff, paid the money to them. The present action was
then brought by the plaintiff to recover from the defend-
ants the amount they had received, as money had and re-
ceived by them on his account. This claim the defendants
resisted on the ground that they had a lien for a general
balance due to them upon the ship's accounts, and they,
therefore, claimed to deduct that amount from the sum
now sought by the plaintiff to be recovered from them.
The plaintiff, however, insisted that as the defendants had
only directly corresponded whit Turnbull and Co., and
as he was no longer a partner of that firm, the deduction
made must be confined to the proportion that was due from
him individually, and could not be extended to the general
balance.

vu
Lord DENMAN was of opinion that as the separate po-
licy of 200/. was clearly effected for the benefit of the
plaintiff alone, the defendants could not be entitled to set
off against the proceeds of this particular policy the amount
If the general balance on the ship's accounts. The ver-
dict, therefore, must be taken for the plaintiff for the sum
sought to be recovered, deducting such expenses as had
been incurred in respect of the particular policy which had
thus bean effected for the benefit of the plaintiff.
The verdie was accordingly taken for the plaintiff in the
manner directed.

COURT OF COMMON PLEAS, DEC. 11.
LOMAR V. GREGORY.
This was au action of trover for a bed and bedstead.
The case turned entirely upon the question whether
these goods had in the first instance been given or only
lent to the deceased.—Verdict for the defendant.

EXCHEQUER COURT, DEC. 11.
NEWTON V. BARCLAY.

Mr. ERLE (with whom was Mr. THOMAS), said that
this action was brought for the purpose of recovering the
sum of 261. for food and lodging, and money supplied to
the defendant's wife. The wife of the defendant was a
Spanish lady, and had been married to him in the year
1820. The defendant was a portrait-painter of eminence.
After some further statement of Counsel, the supply of
food lodging, Sze., as also the reasonableness of the charges,
were proved.
at the absence of
Hislr. Hugh Barclay said he was brother to the defendant.
formation from brother, after his return to England, was much dissa-
tisfiedger than necessary. Afterwardsbision wife, whhi
ec h lei
received
thoughtived somme uicnh.
frhc.:sm Spain which caused him to entertain strong
grounded
doubts
more to do with:l'er
subject, and wife's
fidelity. He made inquiries upon the
; becameand, in
satisfied that his suspicions were well
but did not find in
1833,
consequence, refused to have anything
3aw her, and made an arrangement delMrs. Barclay came to Eng-
land,endant at home. The witness
cs she resided in a respectable
house in Barcelona, a regular
Allowance of 5/. per month should be made to her. That
sum was paid for two years, and
a letter from Mrs.
would have been conti-
nued, but that the witness:
Barcelona,
c eannad,
Barclay, stating that she
and come to England via Paris
out where the defendant resided, and came there, when
agreed a
:he witness was obliged to give her into custody.
.
She w
to
She-was
allow her
before a Magistrate,a4veek.
The
where th° defendant
defendant
had been a
celebrated