The Sun.
London, England, 1836-11-12 00:00:00

THAMES V. NETTER.

The COURT was occupied up to the time our Reporter
left with this case, which was of no public interest.

COURT OF REVIEW.-(THIS DAY.,

EX PARTE KNIGHT IN RE WATKINS.

When this case was called on, Mr. RUSSELL, Counsel
for Mr. Knight, said, that having read over the affidavits
filed in this matter, since the Court refused to postpone the
hearing, he had no hesitation in saying that special circum-
stances had arisen which would induce them to alter that
decision, for either in the Court of Bankruptcy, or else-
where, he had never seen affidavits of so scandalous a
nature, and which therefore would more require an answer
from the other side.

Mr. SWANSTON, contra, was of opinion that this was a
manoeuvre to postpone the hearing of the petition.
Mr. BETHEL, on the same side as Mr. Russell, assured
Mr. Swanston it was no such thing, and he could not help
characterising the affidavits as a deliberate and scandalous
abuse of the practice of the Court.
Mr. SWANSTON could not be accountable for the ex-
pressions in the affidavits.

Mr. BETHEL—Yes, but you are accountable for your own.
The COURT ordered areference to the register, to examine
the affidavits, and report de die in diem, Mr. Russell's client
paying the costs of the day.
Several cases were postponed at the request of Counsel,
the parties not being prepared to go on.

EXCHEQUER COURT.-(THIS DAY.)

FLEMING V. HECTOR, M.P.---ADAMS V. O'BRIEN, IMP.---AND
_ .

ADAMS V. RIPPON, M.P. -
These were actions brought by tradesmen who had sup-
plied the late Westminster Reform Club with goods of va-
rious sorts, against the defendants as individual members
thereof. The actions were tried before two of the Learned
Barons of the Court, when verdicts were returned for the
plaintiffs, but the question of the liability of the defendants
was reserved for the opinion of the Court. Rules nisi for
a nonsuit have been argued yesterday and to-day, when the
Court gave judgment.
The LORD CHIEF BARON said, when the cases were
before him at Guildford he was inclined to think that the
defendants were liable, but as the point was involved in
considerable doubtlhe had given leave to move for a non-
suit. This association was different in its facts from any of
the cases of partnership which had been cited. They were
all partnerships for profit and loss. This was a question
of principal and agent. For instance, no member of a
club could bind his brother members by accepting a bill,
though it was for the benefit of the Club. The rules which
constituted the Society were binding, and they by implication
withheld any power from the Committee to contract any
credit. They said that no person could be a member until
he had paid his admission fees, and the subscription for the
current year : that was to constitute a fund to carry on the
affairs of the Club. But, as if even this was not enough,
they laid down a clear rule, that if a member had any re-
freshment—if he called for an ice, or a bottle of soda-water,
the steward was to take ready money for it. From all
these circumstances, it was clear that the constitution of the
Club was, that credit should neither be taken nor given.
The Committee, when they found their funds begin to run
short, ought to have called a general meeting of the Club,
and have made their statement, and asked for more money.
They had no right to pledge either their own credit, or that
of the members of the Club. For these reasons, he was of
opinion that in all the cases the rules for a nonsuit must be
made absolute.

The other Judges delivered their opinions, which were in
concurrence with that of Lord Abingcr.
Rules made absolute accordingly.
The COURT then rose for the purpose of preparing for
the Reception of the Privy Council and the Judges, who,
according to custom, come into this Court to report the
names of those gentlemen who have been nominated to
fill the office of High Sheriff for the ensuing year.
Shortly after two o'clock the Chancellor of the Exche-
quer, the Lord Chancellor, Vice Chancellor, the Marquis
of Lansdowne, and other Privy Councillors, took their
seats on the Bench, and proceeded with the business.

In the course of the last month 21 bodies were con-
veyed to the Morgue—namely, 15 men, 4 women, 2 chil-
dren and a foetus. Five or six of the individuals whose re-
mains had been deposited in this receptacle for the ob-
scure or unknown departed appear to have died a natural
death.—National.