The Sun.
London, England, 1807-06-18 00:00:00

JACKSON V. PONEY .ANP ANOTHER.

This WAS a triotion for a new trial, upon an aiEtion
of trespass against the Defendants, tier building up-
on the Plaintiffs party fence-wall, when a nonsuit
was obtained for-the Defendants, upon the Building
Ad, as-fully s-vated, in a tOrmer Paper.
.Afteritearing the arguments of Counsel, on both
sides,. at-great length, the Court was decidedly of
opinion, that this was not a party fence-wall. but a
party-INa% upon which both parties had equally a
right to • build ; and that, therefore, .ani action' of
trespass against the Defendant could not be main-
tained. The \nil Was originally built only 14
inches,
and 'was carried up by the introduction of a flue, to
18 inches, which should have been the dimensions
of the wall from the foundation. The Court ex-
pressed a wish that both parties should be.punished,
and that :builders, in future, would comply with
the 'provisions of this necessary and-useful A& of
Parlialaient,i which was chiefly enacted to prevent
exCessive.ravages, by .accidental fire.

FICKMAN V. ROBERTSON.

Mr. NOLAN moved fctra Rule to detain' the,De-
fendant, an insolvent debtor,- in the custody Of the
Marshal of theMafshalsea.. He stated that, the De-
fendant had come up this morning to take the bene-
fit of the Insolvent Ati, and obtained an orderior
'his discharge upon an affidavit of service-of notice
upon the Plaintiff, by her -maid servant, at Rotifer-
hithe. By accident the Plaintift's brother heard of
the transaction, and, having examined the otfice,
found the filet to be so. From his affidavit it 'appear-.
ed, the Plaintiff never had a servant maid ; she lived
with him as his 'house-keeper, and they lived at a
place half a mile from any part of Rotherhithe. The
Defeudant had -come up both to this Court and at Sur-
ry Sessions, to take the benefit of the A&, but was
remanded, for having made a fraudulent conveyance.
The original action was forthe maintenance of the De-
fendant's wife, whom he inhumanly assaulted and
turned out of doors, and , took in her place a little,
servant girl, whom .be afterwards made a most
shameful and disgraceful. exhibition of, upon the
trial at Guildhall, as his 'Lordship .(Ellenborough)
recolle6ted ; the particulars of which trial we fully
reported.,
The Court gfanted the Rule to slew cause at the
Judges' Chambers.

Mr. JERVIS--.k." Lord, merely to make
the entries, and so' it appears upon the affidavits..'!
'lle Counsel, resisting the Rule, said, • that the
objet of BarloW was probably to keep the book in
his possession, or to give it over tO-Mr,
.Gaboreaur
who pretended to be the present 'Mayor ; and this
was the more likely, since the very same personi.
M.r. Barlow, had before applied to the Court to or-
der the bock to be put into the hands of Gaborean;
and not stiCceedingAn that experiment, he had se-
courSe to this new contrivance. Among the entries'
be intended .to make when he obtained the book,
was the eledion of this- intruder. He said, "I am
the Town Clerk. You are an usurper olthe office
of Mayor ; Mr. Gaborean is the legal Mayor, and I
demand the custody of the book."
Mr. JERVIS, in support ot' the Rule, observed,
that the single objet •of Mr. 'BarloW was, to ob-
taw the temibrary possession of the book, thitt tie
.might make in it' the entries it was his duty to in-
troduce.

Lord ELLtNI3OROUGII-.." Do you with to have
the Rule enlarged ?"
_ _

Mr. SF.Rvissaid,-that this would not answer the
purpose of the party for whom he appeared.* The
sither side had attempted to 'prejudice his client, by
interposing faeis- not substantiated by the affidavits.
It was an endeavour on the part of Mr. Buller to
unite in his own,,, person two offices perfeOly dis-
tina, the one Miniiuerial and the other judicial;
which he could not legally- conned. The'Corpora-:
tiOti-Of Saltash had'a right -to. see ,that the entries
were dilly inserted; and that:they were made by the
proper Officer'; and,
,by the condua of Mr. Buller,
they
~were precluded from discharging this duty.
The • Learried Counsel 'said he was content that
hiS client should be ,boand ,to deliver the book
into •the hands of the-Mayor as soon as the entries
were .made.' . •
Lord ELL'ENBORQUGH."" YOU might have said,
in a few teal words, that the Election of A. B. ik
necessary to be, entered ; bht upon the at&
da6ts, there is nothing but generality;•.and 'we do
not know kit
.you May intend to inserrsomethirig
improper ; you al-e the regular -Officer; let' us
know the particular duty you want 'to perform ;4-;-
'you triu,t not shroud yourself wider theSe gene,.

•Mr. JERVIS.7,-" Perhaps you will think, it tight
to direct, that Mr. Buller shouhi not inkike entries in
the book."

Lord ELLENBOnOUGII.—" may introduCe
a certain calumnious imputation, and you in4hsuti7
poe, if' yort please, that he would tear.opt 1.4 p leaves
of the book."

The ATTORNEY-GENERAL.—" Your Lordship
will deem it prover that they should file their atfi-';
davits before the next term."

. .
Mr. JERVIS.--" 'Ana the other party also."
Mr. Justice LE BLANc.---f‘ You .may. file them
one month betbre, and. the party which has to an-
swer, a fortnight before the Term."—Rule enlarged.
The business of the Term concluded with thedis-
cossion on the grounds of the last new trial ap-
plied for. Tv-Morrow the Chief Justice will sit at
Nisi Pries.

SHERIFF's COURT.—AssAULT.

POTTS V. THE HON. GEO. MURRAY.

This was an a6lion of .Asault. The Plaintiff was
groom to the Defendant, and on the 16th of April
was charged with the care of two valuable horses,
on their way from Edinburgh to London. O the
3d of May, he arrived at .Bartlett'S Livery Stables,
in Oxford-road; and the Defendant .was informed
by his valet, that Potts had lamed one of the horses..
The Defendant went immediately to the stables,
and taxed the Plaintiff with the fat. He denied it,
and said, the valet 'had told an untruth.- Words
ensued, and the Defendant Struck and kicked-the
Plaintiff in the side, and gaveJihn a wound over the
eye, which separated the skin near an inch. - The
Plaintiff had remained ill ever since, and was at that
moment attended by Surgeon Armstrong;. the blows
hating produced a spitting of blood; which'it was
feared would produce a consumption. ••

It appeared 'in defence, that the Plaintiff had
strained the back sinews of the horse's leg, by in.
cautiously leading him down a hill; and persisting
to deny the fad, the Defendant was vexed at the
circumstance. It vas contended that the spitting of
blood was occasioned by the Plaintitf's consumptive.
habit, which was made worse by his being a racing
groom. .. •
The SHERIFF said-the Defendant was not justified
in beating him, and the Jury would say wh:it da-
mages he was entitled to for the injury he had re-
ceived, considering his loss of time, and the proba-
ble amount of the Surgeon's bill. .
• The Jury retired for a short,time, and found for
the Plaintiff—Damages, One Hundred and Fifty
Pounds.

. Sunday night, about eleven o'clock, a dispute
arose at a public-house, the sign of the Unic•.iru, in
Scale-lane, Hull, between Thomas Riggs, MasWr
of a Wakefield Sloop, and Thothas, Parker, also a
mariner, in the Knottingley trade. The parties in
Consequence agreed to adjodrn to Scale-lane Quay'to
fT2fht when. after -a quarter of an hour's conten-
tion, Thomas Parker lost his life in the affray.

SHIP NE/YS.

POOLE, JUNE 16.

Arrived—the Ocean, Rood, Dart, Harvey. William and
Mary, Buynes• Atlive,: Brown, Active, Williams'' 'lndus-
try, Brooks, 600 d Intent,,Thatchell, and Lark, 'Spurrier,
frorwrortsmotith; Industrious, Aldrige, and Ann,...Hollo-
way, from Southampton.
sailed—the liZieyon, Saint, for Sunderland; Three §is-
ters. Bangor, for Newcastle; Hope, Stanworth, for Liver-
pool • Aaive, Brown, for 13ritfport; Busy,- Russell,:for.,
Soutliainptun; and Neptune, Payne, for Chichester.

itiNt ts.

'Arrived—the Maria, from Tarcelona • Andrdw and Eliza-
beth, from-Norway ; Thomas, from W hitehaven ; and kly,••
and l'homas, froni•Newcastle.

r. STOCKS
RDAY.
India'Stock,' shut
Indiaßontts, 7s. pr.
..
South SC& Stock shut.
New Ann. shut
Exchequer hills., is. :pr.
tits
gmniutn, •i
Itnperial 3 pefeent. 6,4
Cons. tor tl pening,.Er4 •

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