The Sun.
London, England, 1849-01-27 00:00:00

illitrb Mbition

COMMON PLEAS.-(THIS DAY.)
(Sittings in Banco.)
HOARE V. DIXON.
This case, in which a rule had been obtained to show
cause why further proceedings should not be stayed
until the payment of coats in a former action, came on
for argument today.
The CHIEF JUSTICE said be had received a letter this
morning from the plaintiff (Miss Hoare) which he
handed to his clerk, refusing himself to read it, and he
told him that it related to a matter now pending in this
court. It was exceedingly improper to send a private
communication to a Judge upon any case coming before
him in his judicial capacity.
Mr. Justice MAULE—I suppose we have all been fa-
voured in the same way.—(Laughter.) I received one,
and read a little of it, but saw quite enough, indepen-
dent of the impropriety of sending the communication,
to show me that I was not compt-117d to read the rest.
Mr. CARTER showed cause egainst the rule. He was
furnished with an affidavit of the plaintiff, stating that
the costs in the former action, amounting to 4081. 10s.
bad been paid to the defendant or his attorney by the
Royal Naval Benevolent Society, and that no sum was
now due to him by her. She also stated that the action
was not proceeded with in consequence of her solicitor
neglecting to instruct counsel in time, and to get the at-
tendance of the necessary witnesses. The Learned
Counsel stated that the payment by the society was
good, that it mattered not from whom the money came,
provided the debt was satisfied, and that therefore
the defendant had no right to complain. On these
grounds, and also on the ground that the merits of this
case were substantially different from those of the
former action, he contended that the course now taken
by the plaintiff was not vexatious.
The CHIEF JUSTICE said it was a recognised princi-
ple in Westminster Hall, where a party failed on the
merits of the case and withdrew from the decision of the
jury from a conscientious conviction that it would be
adverse to him, and brought a second action on the
same grounds, that the Court would, on application, stay
further proceedings until the costs in the former one had
been paid. The defendant was secretary to the Royal
Naval Benevolent Society, to which the plaintiff had ap•
plied for assistance, and the action was brought upon
certain communications he had made to it respecting
the right of her claims for relief. The case came on for
trial, when she elected to be nonsuited on the merits,
which were precisely similar to those in the present
case. The defendant had been exposed to a demand of
408/, which was enough to ruin many persons, and it
therefore appeared to him and his Learned Brethren
that the second action was vexatious and unjust. There
ells no pretence for saying that, because the society had
paid the costs, the action having arisen out of the proper
discharge of his duties, the plaintiff was discharged
from the debt. The Court were, therefore, of opinion
that the rule ought to be made absolute.
Bele absolute accordingly.
HOARE V. DICKENSON.

This was an action brought by the same plaintiff.
The CHIEF JUSTICE said there was no substantial
difference between this and the preceding case, and was,
therefore, of opinion that the rule ought to be made
absolute.

The other Judges concurring, the rule was made
absolute.

DENMARK.

In one of the late sittings of the Danish Diet, the
provisional discussion of financial affairs being on the
order of the day, the Minister of Finance declared
that the King was ready himself to reduce his civil
list, in consequence of the state of the treasury ; the
Minister, thQrefure, had to propose to have the propo-
sition withdrawn. lie added that he did not think
it necessary to decree a forced loan as hi-d been ru-
moured. In the sitting of the same Diet on the lith,
the Ministry was authorised to contract a loan of
seven millions of thalers, and to issue four millions of
new notes.

BADEN.
Sine disturbance took place on the 18th, at the
sitting of the SzTond Chamber of the Grand Duchy
of Baden. The President having ordered the tribunes
to be cleared, because the public had loudly applauded
M. Brentano, one of the deputies, at the moment
when he was speaking violently against Prince Win-
dischgrae'z and the Ban Jellachich, part of the pub-
lic refused to comply. It was necessary to hare re-
course to the armed force. The sitting was then
brought to a close.