The Sun.
London, England, 1831-01-17 00:00:00

LAW INTELLIGENCE.-(THIS DAY.)

'COURT OF KING'S BENCH.

COLLINS V. GODFREY.
This was an action brought by the plaintiff, an attorney,
to recover the sum of six guineas under the following
circumstances. The present defendant Mr. Godfrey,
some time since was a party to an action in the Court to
Common Pleas, on which occasion he subpoenaed Mr. Col-
lins as a witness, he in consequence attended the Court
six successive days ; but when the trial came on he eras
not called into the witness box. Mr. Collins when lo
was tendered his expences, made a charge of a guinea I:
day for loss of time, which Mr. Godfrey refused to pay,
and an action was brought to recover it. On the trial
before Lord Tenterden, the plaintiff was nonsuited.
In Easter Term Mr. CAMPBELL obtained a rule to chew
cause why that nonsuit should not be set aside and n
verdict entered for the plaintiff.
Mr. KELLY this morning showed cause against the
rule, and contended at great length that it could not be
supported. He was fully aware that it had been the prac-
tice of Masters en taxing bills of costs to allow medics'
men and attornies for loss of time; but yet, as there wi-
no Act of Parliament to sanction such an allowance, it
could not be recovered by an action at law. The Act of
Elizsbeth, which made a person punishable for disobeying
the King's writ, did not say one word about loss of time—
it merely provided for reasonable expellees. It had been
held that Sheriffs attending at elections of Members o?
Parliament could not recover for loss of time—and on the
same principle of reasoning he (Mr. Kelly) contended
that, as the plaintiff had only performed a particular duty,
he bad no right to'rtcompence for loss of time: neither
did he see the justice of allowing for loss of time to me-
dical men and attornies, when brokers, merchants, and
others, were not allowed anything. He therefore sub-
mitted that the rule must be discharged.
Mr. CAMPBELL, in support of the plaintiff, argued
on the justice of allowing witnesses for loss of time.
If they neglected to obey a subpoena they were rendered
liable to heavy penalties, and therefore it was too much to
compel them to leave their business day after day, and
then to refuse any remuneration for loss of time. Mr.
Collins had attended the Court of Common Pleas for six
long days, and the fact of his not being called into the
witness-box did not alter the features of the case. The
Court would also remember that it had been the invadable
cottons of Masters to allow attorneys for loss of time.
The Court consulted for a length of time, aft •r which
Lord TZNTEEDEN said the point was one of great im-
portance; before they, therefore, pronounced judgment,
they would take an opportunity of consulting the other
Judges on the subject.

Ne other case of public interest came on during the
morning.

COURT OF COMMON PLEAS.
ILAMILTON V. JONES AND OTHERS.

Mr. Charles Pitt, surveyor, residing in the Adelphi,
once more appeared in person in this Court, and moved
for a rule to sliew cause why the plaintiff in this cause
should not refund 311. 155., part of 66/. 75., which he,
Mr. Pitt, being one of the defendants in this cause, had
paid in consequence of a verdict having been given in favour
of Mr. Hamilton. Mr. Pitt began to cast several reflec-
tions on the practice of the Court, when
The LORD CHIEF JUSTICE said, " You must behave
yourself properly if you wish to be beard."
Mr. Pitt resumed, and his stentorian voice was sufficient
to shake the nerves of any common person.
The LORD CHIEF JUSTICE—Mr. Pitt, you speak so
loud, I cannot hear you.—(A laugh.)
Mr. Pitt then put in an affidavit, specifying the exact
grounds on which be made his motion, and the Court
granted him a rule nisi.

SHIPPING INTELLIGENCE-(THIS DAY.)

FROM LLOYD'S.

PORTSMOUTH, JAN. 15 AND 6.—Wind E.S.E.
Sailed his Majesty's ship Childers, fur Leith.

Puvmouni, JAN. S.E.—Arrived from the
River and sailed the St. Andrew, Tate, for Sierra Leone ;
and Greyhound, Comely, for St. Michael's.
PENZANCE, JAN. 15.—Arrived off port the Stephen
Wright, Lodge, from Miramichi.
SClLLY.—Arrived the Isabella, Wildgoose, from Deme-
rara; Hope, Rent, from Quebec ; Swift, Paul, from St.
Michael's; James, Rowcastle, from Cephalonia; George
and Mary, Hewson, from Smyrna ; Hiram, Gibson, from
Seville ; Ringdove, Garelon, from Oporto ; Ocean,
Tucker, from Bilboa ; St. Louis, Charclow, and Fell-
cite, David, from Nantes.
Bars Tor., JAN. 16.—Arrived the Descendant, Carr,
from St. Andrew's, New Brunswick; and Arab, Smith,
from Leghorn.
HOLYHEAD, JAN. 15.—Arrived the ILitnilion, Bunker,
from New York.

LIVERPOOL, JAN. 15.—Arrived the Dorothea, Davis,
from Philadelphia; Hotspur, —, from Quebec; Faith,
—, from Newfoundland ; and Gazette, —, from
Trieste.

CruiecNoeic, JAN. 14.—Arrived the Industry, Board-
man, -from St. John's, New Brunswick.
WATERFORD, JAN. 14.—Arrived the Margaret, nel-
son, front niehebucto ; Biscater, T.)lor, from Newfound-
land ; and Wharfinger, Cousins, from London.
SUNDERLAND, JAN. 15.—Arrived the Jane, Edwin,
from St. John's, New Brunswick ; the Scott, Jameson,
from Quebec.

Arrived off Cape Clear, the Thcodosia, Simpson, from
Jamaica, and the Fortune, Gelliesin, from Bombay, sailed
the 22d September, from the Cape 13th Nov., and from
St. Helena the 24th.

The Duke of Wellington, Gruchy, from Jersey to Lon-
don, on leaving the pier, on the l•?th inst., grounded,
fell on her beam ends, and on the return of the tide sunk.
Most of the cargo damage:l.

THE FUNDS.-(THIS DAY.)

CITY, TWELVE O'CLOCK.

Montreal Papers to the 10th December, Quebec to the
Bth December, and Port-au-Prince to the 22d November,
have been received at the North and South American
Coffee-house, but they are void of interest.
The Montreal Paper states the return to Bermuda of
his Excellency General Hilgrove Turner from Halifax,
with his lady ; but the Bermuda Paper says his Excel-
lency is not in a good state of health.
We have an arrival from Calcutta of the 16th Sept.,
a few days later than the last accour.ts ; as yet we have
not seen the papers.
LIVERPOOL, JAN. 15.—The import of Cotton this week
is 5,559 bags, and the sales are 11,830 hags, at a decline of
fully hd. per lb., and in some instances id. per lb. In
Sugar about 650 hhds. have been sold this week ut late
prices.