The Sun.
London, England, 1822-09-11 00:00:00

LORD MAYOR'S COURT.

Yesterday the LORD MAYOR held a Court, at which the
RECORDER sat as Assessor.

SWAINE V. DAVIS.

This was an action brought by the plaintiff, who is a sworn
broker, to recover 51. ss. 6d. from the defendant, who is the
clerk of an attorney, but practising himself.
On the part of the plaintiff, the case shewn was, that he was
employed to distrain for rent in the house of the defendant.—
He found the latter in great distress, and in such circumstances
as induced him to take man out of possession, and to advance
the money himself upon the defendant's promise to repay him.
The plaintiff sent repeatedly for the money, but could never
obtain more than a part, although on these occasions the debt
was never, denied, and it was proved that the defendant made a
promise to pay the plaintiff the 51.
The defendant's counsel said that the Si. which his client
promised to pay, according to the evidence, might be some
other 51., perhaps belonging to a client. In fact the defendant
had long paid the debt, and a witness would prove the payment
of 2/.

A Jew was then called into the box, who swore that he was
present when the defendant, some time about June, paid the
plaintiff 2/.
This witness underwent a long and severe cross-examination
by Mr. BOLLAND, and the effect was declared by the verdict
of the Jury.
Mr. BOLLAND said the object of the defendant, in return
for the kindness shewn him, was, if he could not get rid of the
whole debt by putting the slip shod fellow whom the Jury had
seen in the box, to throw the costs upon the plaintiff, in reducing
the debt to 3/. ; for he doubtless conceived that by reducing it
below 41. the plaintiff would be liable to costs, as the sum ought
to have been proceeded for in the Court of Requests. But it
should be known, that where a debt amounted originally to a
sum above 41., and was paid in instalments, the balance could
be recovered in that Court with costs, although under 41.
The Jury immediately found for the plaintiff—Damages
51. ss. 6d.

The RECORDER remarked, that this case formed a strong
instance of the utility of the Lord Mayor's Court,and the advan-
tages which it presented to the citizens. Had this action been
brought in one of the higher courts—of the Common Pleas or the
King's Bench—although the plaintiff gained the action, yet he
would have had heavy costs to pay—costs far beyond the amount
of the damages he recovered. In four actions like the present,
which he had tried that day, the costs which the plaintiff's would
have had to pay, beyond the legal costs and damages which they
recovered, would have amounted to above one hundred and
twenty pounds. He was aware that he should have an increase
of his labours when this became known, but he did wish to see
the citizens aware of the advantage of their privileged court, and
that they could there avail themselves of the services of sensible
Juries, and obtain justice without a loss.

SPOR'T'ING INTELLIGENCE.

TAVISTOCK RACES-FIRST DAY.

A Fifty Pounds Plate, the best of heats. Three miles.
Mr. E. Clarke's ch. m. Norna - - - 3 1 1
Mr. Leach's Cleveland, by Amadis - - 1 3 2
Mr. Trelawney's b. m. Barbara - - . 2 2. 3
Mr. Austin's ch. g. Nutcracker - - 4dr
- Even betting between Barbara'and Cleveland; 4 to 1- agst
Norna. A most excellent race. ' _

A Sweepstakes of sgs each, for horses not thorough-bred.—
Two-mile heats. Rode by Gentlemen. (11 Subscribers.)
Mr. Leach's br. m. Minna, rode by Mr. Templer - 1 1
31r. Carpenter's b. m. Taviton, rode by Carthew - 2 2
Mr. Robins's b. h. Tavistock, rode by Mr. Brendon ' 3 3
Mr. Savile's b. g. Whiz Gig • - - dr
A District Stake of Fifty Pounds ; two-mile heats. The pro-
perty of Officers of the Western District.
Capt. Hawkins's br. g. Blacksmith, rode by Mr.Carthew 2 1 1
Mr. J. Templer's br.m. Escape, rode by Mr. J. Templer 1 2 2
Mr. Auvergne's b. h. Jack, rode by Mr. Auverne ' 3 3dr
Five Subscribers did not name.