The Sun.
London, England, 1836-12-10 00:00:00

ROLLS' COURT.-(THIS DAY.)

The MASTER of the 110',Ls was this morning occupied
with consent petitions, after which he proceeded with the
part-heard case of " Adams v. Thomson."

COMMON PLEAS.-(THIS D

(Before the LORD CHIEF JUSTICE and a Common Jury.)
NAGRATH V. HARDT.
The Court was occupied all the morning with this case,
which Was not of the slightest public interest.

KIN G'S MEN CH:L.(T HIS DAY.)

(London. Sittings at Nisi Prius, before Lord DENMAN, and
a Common Jury.)
POOLE V. WARREN.
Mr: KELLY stated the case. It was an action brought by
Josiah Thomas Poole and David Poole, against George
Warren, a dentist, to recover double value of certain pre-
mises in Leicester-square, overheld by the defendant after
the expiration of his lease. The premises belonged to a
Mr. and Mrs. Reating, who had two trustees under their
marriage settlement, named William Connor and James
Kelly. They, by a deed executed in the year 1825, con-
veyed the premises to Sir Jacob Astley and Mr. Potter
M'Queen, who became the mortgagees in fee. The lease
to the defendant was granted in 1827, for seven years, and
expired in June, 1834 ; and from the time the premises
were conveyed by the deed of 1825, the trustees had nothing
further to do with them. One of the trustees was then dead,
but in order to satisfy the defendant, James Kelly, the other
trustee, was made a party to the lease. In the year 1833,
the premises were made over to the present plaintiffs by
deed of conveyance, and notice was given to the tenant to
that effect. The rents were from that period regularly
paid by the defendant to the plaintiffs as landlords, but
when his lease expired he refused to give up possession,
alleging, as it was understood, that he had made some new
arrangement with Kelly, the trustee, which entitled him to
retain possession. The Learned Counsel contended that
Kelly had no authority to make any new lease of the pre-
mises ; and, as they had been overheld for a period of fif-
teen months, the plaintiffs now claimed a:sum of 400/.,
being double their value, according to the provisions of the
Act of Parliament.
The record of the judgment in the action of ejectment,
" Poole v. Warren," was put in ; also the deed conveying
the premises to Sir Jacob Astley and Mr. Potter M‘Queen
in the year 1825, and the deed of conveyance to the pre-
sent plaintiffs executed in 1833.
A witness named Grellitt proved that he had collected
the rent of the premises in question for the plaintiffs. The
defendant was aware of the deed of 1833, and paid the
rent for the plaintiffs. He demanded possession from the
defendant before the lease expired, but Mr. Warren would
not recognise the authority of the plaints. On 7th Oct.,
1834, the defendant paid 135/. rent subject to certain de-
ductions for taxes—thavent, was up to Midsummer, 1834,
when the lease expired. The defendant tendered at the
same time more rent, which witness refused to accept. I
should think the premises held by Warren are worth 1801.
per annum.
Henry Preston served a notice upon the defendant in
March, 1834, to deliver up possession. The notice was
written by Mr. Reating, and signed by Grellit. Witness
produced a copy of the notice.
Mr. WILLIAMS, for the defendant, submitted that the
attesting witness to the notice should be called. The Act
being a penal one, it was necessary that its provisions should
be strictly complied with ; and he further submitted that
there was no sufficient proof of a specific authority from the
landlord to Grellitt to serve such notice upon the tenant.
Lord DENMAN overruled the first objection, but observed
with respect to the second that the Act required that the
party legally entitled to recover should serve the notice
" either by himself, or by his agent lawfully authorised."
Now there had been proof of that authority, but not of any
specific authority ; and therefore be was of opinion that
there must be a verdict for the defendant, with liberty to the
plaintiff to move to enter a verdict for the amount claimed,
if the Court should be of opinion that the authority of
Grellitt as agent to the plaintiff had been established by the
wording of the deed of conveyance of 1833.

MONEY MARKET.—rrhe reports in circulation yes
terday (Friday) evening of commercial failures have led to
some inquiry into the origin of them, with the view of pre-
venting such practices in future, which do great mischief,
and often arise from stock-jobbing motives, or in some cases
private malice. In this case the rumours were traced to a
party in the employ of the Bank of England, against whom
the evidence appeared to be so strong, that he was sus-
pended by order of the Directors. Subsequent inquiry,
however, satisfied them that his meaning had been misun-
derstood by those who followed up the spreading of the re-
port, and he was this afternoon, as it is said, reinstated in
his office. Such a practice as this, could it be followed up
on similar occasions, would give great satisfaction to the
trading and banking interest, who are often exposed to
great inconvenience and even subjected to much expense
by such false allegations, and would go far to check the
rash and imprudent talking on matters of extreme delicacy
which is so common in the city. There has been some in-
vestigation to-day by the Committee of the Stock Exchange
into the conduct of one of the brokers, who had altered the
contract price on a ticket for the delivery of stock, and which
the parties who were to take it refused consequently to pay
for, such practice being deemed reprehensible, and contrary
to the correct mode of doing such business. The broker
in question, however, chose to impute the refusal into an
inability to pay, and gave vent to some very injurious ex-
pressions against the individuals concerned. They have,
consequently, brought the matter before the Committee,
, who have censured him for the irregularity of the proceed-
ing, and threaten expulsion 'unless he apologizes to the in-
dividuals against whom his remarks were direeted.—Morn-
ing Paper.
ITALIAN OPERA BUFFA AT THE LYCEUM.—
This theatre opens this evening, with the Elisir d'Amore of
Donizetti. We heard this opera rehearsed yesterday, and
can assure our readers that it is admirably cast, and will be
delightfully performed. The company is well calculated to
give effect to the gay and elegant comic pieces which have
been announced. Of Mlle. Blasis, the prima donna, it is
hardly necessary to say, that she is one of the most graceful
and finished singers now on the Italian stage. She has lost
none of her vocal power, nor of her arch and animated
manner. The other performers are new to the English pub-
lic, but appear to possess great merit, especially Signor
Catorre (the tenor), a young man who has a very agreeable
appearance and deportment, a beautiful voice, and a chaste
and expressive style ; and Signor Torri, an excellent buffo.
The orchestra, in respect to number, is nicely adapted to
the size of the theatre, and is perhaps one of the most select
that was ever assembled ; being led by Mori, and consisting
of the elite of the band of the King's 'Theatre ; among whom
are Lindley, Dragonetti, Willman, Harper, Anfossi,
Howell, Tolbecque, Card, Platt, and other excellent per-
formers. M. Benedict, who is engaged as conductor, not
having yet arrived, yesterday's rehearsal was ably conducted
by Mr. Balfe. The performers, chorus, and orchestra
seemed thoroughly prepared. L'Elisir d'Amore is a very
lively and amusing piece, and the music is not only melo-
dious and brilliant, but very dramatic. The musical public,
therefore, may expect a treat of a very superior description.
At the Westminster Sessions yesterday, upon the
motion of Mr. Sergeant Adams, the following was agreed
to :—" Ordered that, in all prosecutions against gaming-
houses, the prosecutor enter into a recognizance in 50/. to
prosecute before the warrant be issued, and that the warrant
be directed to some public or known officer, and on no ac-
count to be entrusted to the parties or their agents."
Yesterday, about one o'clock, an accident, attended
with fatal consequences, occurred in Upper St. Martin's-
lane. A child of seven years of age, named Scarratt, the
son of a tailor, fell forward from the curb-stone, while one
of Messrrs Dalgleish and Taylors's coal waggons was pass-
ing—the wheel carried him on four or fire feet, and then
went over his head, the front of which it crushed, and must
have caused instantaneous death. The body now lies at
Charing-cross Hospital, where an inquest will be 'ield this
evening.
It is worthy of remark, that the parish of Whaddon,
at the present time, is without a single pauper,—Wilts In-
dependent.