The Sun.
London, England, 1822-01-24 00:00:00

WALTER V. SMITH.

This was an action of trover to recover fermi the defendant $
watch and seals, which he was alleged. to•h:ivecenvarted to kill
own use. After trial, before the Lord Chief Justice at tl=4
London Sittings after last Term, a verdict was fOLnid for eit'
plaintiff.
Mr. GURNEY now moved for a rule Nisi to set aside the ver'
dict and enter a nonsuit. The plaintiff is an attorney ; the
fendant a pawnbroker. The former had
_pledged his watch wits
the latter for two guineas. A t the expiration of a year, the pledg4
was not redeemed, but soon afterwards the plaintifftendered Or,
money lent,- the interest due thereon, and all expences inclarroi.
and desired to have his watch returned ; but the defendant. eon',
sidering that he had a right to treat the pledge as b.eing complqelf
forfeited by virtue of the 39 And 46 Geo. 111. C. 99, s. 17, re'
fused to ldeliver it up, upon which the plaintiff brought his f..•
tion. The question was, whether this action would lie, the,
• learned Counsel contending, that by the general Pawnbrokers
Act above mentioned, after a year and a day, if a pledge is rive
redeemed, it becomes forfeited to all intents and purposes;.
The CouuT were clearly of opinion that the word "'•o{
feited!' was not to have tills unlimited • construction. T"`
Act declared, that after the year and the day, the pleal,
" shall be forfeited, and may be sold by the paWnbro-ker•
These words were to be read conjunctively. • Now the pledge.
was not ipso FACTO forfeited. The pawnbroker might take
steps to sell the unredeemed pledge; but:by another sectioll
of the Statute, he was liable to account to the owner for on/
overplus that might be. produced at the sale, after deducting
the amount t)f the money lent, and the interest and expenco
within three years. So that the owner had ,not complete-1Y
forfeited all Interest in the property, for he might at all
time before the sale claim his property, upon tendering the woe/
lent, • the interest, and the expences. Its bad been done ,in
case, 'and therefore the action was so.sminable.—Role refused'

• KING V. TOWNSItEND.
This was an action for a private libel, impntiog to the pla'11;"
tifF that he. bad intbimed against a Mrs. Decima
special th3.T
she viai pesseised of criatraband goods, whereby he sustainc'
daoiae in. the. less of a great part of that. lady's casW
iii his-tn.de of sa mercer, site being a milliner. At the :141.!:
dlcse% Sittings, after last Term, the plaintiff' had a vtrdievi'''
201. damages. • •
Mr. CitiTtt now' moved, in arrest of .ind:trnent, that-
action could, not be sustained, for that it is not action:dile t°'
stigmatise a man as air informer, it being the duty of ever.,)(
good, str*et, however odious the performance of it might be;
put the law in force, by informing against offenders.
The fio,on'r ,howev,!r, were dearly of cpinion that tire acti°
was sustainable, and therefore refused the role.

COURT OF COMMON PLEAS,, LAN. 23.
This being the first day of Term, the Judges came ;30'0
Court in procession. They were occupied in hearing
of course, none of which were of any public interest.

PREROGATIVE COURT, Jai-. 23.
ROGERS.AND =OWNING V. PETTIS.
This was a question of. probate to the last will of James SIP"
yens, Esq., late of Brook-green, deceased.
Two testamentary papers, at variance with each oti,er, ar'.4
Uncertain to their Operative ellect, are propounded with Coot
oils annexed.
-The qucsSion comes ly?fore-the Court under a Caveat giyen
id
by the next of kin. • 'by which bequests of considerable real•os;_,
pers•ral estate, left to Mrs. Pettis, a niece Of the deceiticd, ri.;
disputed:. likewise; an annuity. to• Mis. Elizabeth Vossey., ``,1,1
housekeeper, of Mil. per annum, a farm-house,, and the
eJ
of his household furnitiaTe; provisions, &c.
The property of :which the testator died pOssessed, coosisti9l"
of real-and personal estate, is, it seems,,considerable.
The reading of evidence, which is extremely voluminct,'s. '
occupied ihe attention of the Court the whole day.
Sir J. NICHOL adjourned the argument to the next COri`
.day.

L.turNTAucc ACCIDENT.—A melancholy aeo'
dent lately occurred at Barnwell near durile:
—A fine boy, of the name of Burkett,
at play with some.other children, had, the misfo"
tune to have a quantity of unShiked lime thrae
into his eyes, froth li;lsich the most exert ci*
ing torment instantly proceeded. In this veil
dreadful situation the poor sufferer in vain applie(.
to his friends and neighbours for relief; they ,vend
quite ignoran t in what way it could be atforded,an
each in so delicate .a case was fearful of advisiog.
The melancholy result was, that the boy, arteir
some days of the most extreme anguish, sutfere`
the total loss Of sight. Some compassion3°
gentlemen of ()unclip, who had after a tins:
heard of the shocking accident, Lid the b°jf,
sent up to London, and placed under the care °
one of the most eminent ()enlists in the kingd°l'7
in the hope that it might yet not be too latce
to restore to him the blessing of light ; bu
we lament to say that, after undergoing o'lt,
great fortitude many painful operations, the poi°,
boy has been sent back to. Barnwell, with,O,
doleful assurance to those who had generoOlie
exerted themselves in his behalf, that his c-i'6f
does not admit of the successful application °
human skill.

. .
BIRTHS.. , - iierf
Yesterday, the Lady of Sir Grerry-Osborn. Page Tta,,ro
Bart., of. a .son and heir, at her Ladyship's house, in, 13
street, Portman-Square. „ of.
On, Thursday: last, in Upper Gower-street, the
.1.0)/'
.J. A. F. Shnpkinson, Esq., of a daughter. , ..i..."'

. 7 ..
M A RRIE D. ,
ii"
On Tuesday, the 22d inst., at Elornsey, ,Tames ameS Guest, , 0,
Esq., of Birmingham, to Martha, only child of W. Whitito
Esq., of Hornsey. lice,
On the 27th. of June, 1821, •at Port Louis, Isle of 11-0;11-
David Shaw, Esq., of the Royal College of Surgeons of 1.,
don,- to Miss Spears, eldest daughter of William Spears, -I'
Chief Searcher of Customs of that island. ' ___..,.

IHED.
On Monday morning last, at Hackney, in his (4th year,
Peter Levesque. tor,
• Friday se'nnight, at Otley, in consequence of a mortiktt
aged 83, Samuel Moody, of that placo, shoe-maker. e',.it9
ceased had recently been the subject of a very extraort"'„ve
phenomenon. For some time he had been afflictedwitiV=lTjat
pain in his 12. ft leg, in consequence of a severe strain, and .ajor;
two months ago the leg separated: above_the ancle witch4.er
like that of a pistol, and fell completely from the bot'y• -4

- -C =`'
Printed and Published,- for the PROPRIET 0 RS, at el'.

C.)viscE, 112, Straml, by J. B. CAnsT'Ains.

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