The Sun.
London, England, 1831-06-14 00:00:00

LONDON, I'UtSDAAT PVENiNG, JUNE 14, 1831.

LAW INTELLIGENCE.

ROLLS' COURT, .TeNE 13.
In this case the question turned upon tie appli-
7,ition to cases in equity of Lord Tenterden's Act.
\lr. BicKEasTF.iii appeared for the plaintiff, whp
va, an innkeeper at Bromhill, and had for a consi-
ral le per supplied an attorney,named Wr,rming_
with wine, spirits, and poet-horses, until th,
lrbt so contracted hail amounted to upwards of 901.
,Vormington, the debtor, having died intestate in
1818, letters of administration to his estate, real and
,iersonal, were taken out, and a deed of trust wal/4
.xecuted for the application of this property,
linongst other things, towards the payment of the
ntestatc's debts. The administrators had denied

e plaintiff's claim ; lint as it was proved to have
'en admitted by the intestate previous to his death,
was a good demand, under a parole aeknowletlg-
..,enr, previous to the passing of Lord Tenterden's
Act. By that Act, which is a supplement to the
St itute of Limitations, it is provided that no ac-
knowledgment of a debt would take it out of the
‘peration of the statute, unless the acknooledg-
nent were made in writing. Lord Tenterden's Act
commenced to inn in 1829 : this suit, however, was
!nstitwed previous to this time; but it not having
been brought to a hearing until subsequently, the
question was, whether it should be subjected to the
provisions of that Act.
The MASTER of the Rous said that as far as re-
garded the confirmation of the plaintiff's claim, the
Court could only follow the rule at law, arid as it
had been determined that a suit instituted before
6;1 I L

,ord Tenterden's Act had come into operation, but
lot brought to a hearing till afterwards, was to be
.tonsidered subject to its provisions, the only question
for the Cou►t now to decide was with respect to the
costs of the proceedings. lie should dismiss the
bill, the plaintiff paying those costs, and also the
costs of those defendants who had been made formal
parties to the suit.

10 10

COURT OF KING'S BENCH, JUNE 13.
The following orders, signed by the Judges of the
hree common law courts, were read this morning by

Mr. Chapman, one of the Assistant Masters
•' Whereas declarations in actions on bills of exchange,
promissrry notes, and other counts, usually called the com-
mon t;••ants, occasio❑ unnecessary expense to parties- by

reason of their length, and the same may be drawn in a
more concise form ; now, for the prevention of such ex-
pense, it is ordered, that if any declaration in assnmpsit,
hereafter tiled or delivered, and to which the plaintiff shall

not be entitled to a plea, as of this term, being for any Of
the demands mentioned in the schedule of forms and di-
rections annexed to this order, or demands of the like
nature, shall exceed in length such of the said forms set

forth or directed in the said schedule as may be applicable
to the case; or if any declaration in those forms so filed
or delivered for similar causes of action, and for which an

action of assumpsit would lie, shall exceed such length,
no costs of the excess shall be allowed to the plaintiff if he
succeeds in the cause, and such costs of the excess as have
been incurred by the defendant shall be taxed and allowed
to the defendant, and he deducted from the costs allowed

to the plaintiff. That on the taxation of costs as between
attorney and client, no costs shall be allowed to the attor-
ney in respect of any such excess of length ; and in case
any costs shall be payable by the plaintiff to the defendant
on account of such excess, the amount thereof shall be de-
ducted from the amount of the attorney's bill."
The forms set out in the schedule are concise and
simple, entirely divested of all that technical verbiage
which has been so long the subject of complaint as
occasioning unnecessary expence. A declaration on

a 1)11 of exchange, or for goods sold and work done,
&c., which hitherto ran to the length of from 18 to
24 folios, will now he reduced to three or four.
The following order will effect some important
alterations in practice :
" It is ordered that a defendant may justify bail at the
same time at which they are put in, upon giving four days'
notice for that purpose before eleven o'clock in the morning,
anti exclusive of Sunday. That if the plaintiff is desirous
of time to inquire after the bail, and shall give one day's
notice thereof as aforesaid to the defendant, his attorney, or
agent, as the case may be, before the time _appointed for
justification, stating therein what further time is required,
such time not to exceed three days in the c.se of town bail,
and six days in the case of country bail, then (unless the
court or a judge shall otherwise order) the time for putting
in and justifying bail shall be postponed accordingly, and
all proceedings shall be stayed in the mean time; and that
every notice of bail shall, in addition to the descriptions of
the bail, mention the street, or place, anti number (if any),
where each of the bail resides, and all the streets, or places,
and numbers (if any), in which each of them has been re_
silent at any time within the last six months, and whether
lie is a housekeeper or a freeholder.
" That if the notice of bail shall be accompanied by an
affidavit of each of the bail according to the form hereto
subjoined, and if the plaintiff afterwards except to such
bail, he shall, if such bail are allowed, pay the costs of
justification, and if such bail are rejected, the defendant
shall pay the costs of opposition, unless the court or a
judge thereof shall otherwise order ; and that if the plain-
tiff shall nut give one day's notice of the exception to the
bail by whom such affioavit shall have been made, the re-
cognizance of such bail may be taken out of the court
without other justification than such affidavit.
" That the bail, of whom notice shall be given, shall
not be changed without leave of the court or a judge.
" That with every declaration, if delivered, or with the
notice of declaration, if filed, containing counts in indebi-
talus assumpsit, or debt on simple contract, the plaintiff
shall deliver full particulars of his demand under those
counts where such particulars can be comprised within
three folios, and where the same cannot be comprised
within three folios, he shall deliver such a statement of the
nature of his claim, and the amount of the sum or balance
which he claims to be due, as may be comprised within
that number of folios. And to secure the delivery of such
particulars in all such cases, it is further ordered, that if
any declaration or notice shall be delivered without such
particulars or such statement as aforesaid, and a judge
shall afterwards order a delivery of particulars, the plain-
t:ff shall not be allowed any costs in respect of any sum•
mons fur the purpose of obtaining such order, or of the
particulars he may afterwards deliver. And that a copy
of the particulars of the demand, and also particulars (if
any) of the defendant's set-off, shall be annexed, by the
plaintiff's attorney', to every' record at the time it is en-
tered with the judge's marshal.
" That upon every declaration delivered, or filed, on or
before the last day of any term, the defendant, whether iu
or out of any prison, shall be compellable to plead at of
such term, without being entitled to any imparlance.
" That no judgment of non pros. shall be signed far
want of a declaration, replication, or other subsequent
pleading, until four days next after a demand thereof shall
have been made in writing upon the plaintiff, his attorney,
or agent, as the case may be.
" That hereafter it shall not be necessary' to issue more
than two summonses for attendance before a Judge, upon
the same matter ; and the party taking out such sum-
mons shall be entitled to an order, on the return er the
second summons, unless cause is shown to the contrary.
" That no declaration de bone esse shall he delivered
until the expiration of six days from the service of the
process in the case of process which is not bailable, or un-
til the expiration of six days from the time of the arrest,
in case of bailable process, and such six days shall be
reckoned inclusive of the days of such service or arrest.
" That declaration in ejectment may be served before the
first day of any term, and thereupon the plaintiff shall be
entitled to judgment against the casual ejector, in like
manner as upon declarations served before the essaign, or
bast general return day.
" That before taxation of costs, one day's notice sbal/
be given to the opposite party.
" That no rule to show cause or motion shall be re•
quired, in order to obtain a rule to plead several matters,
t
or to make several avowries or coimizinces, but that such
r
upon a summons, accompanied by a short abstract or
statement of the intended pleas, avowries, or cognizances.
pides shall he drawn up upon a Judge's order, to be made
n
tha
cases
summonss:uvi
z wohre
where
ordteir
the
lael a
(h)‘e
nnocuc eassssauryn'tri
he following
sit, or nil dcbet, or non detenue, with or without a plea

.f tender as to part, a plea of the statute of limitations,
•t-off, bankruptcy of tl•e defendant, discharge under an
lusolvent Act, pleac administravit, pi n^ Aninixtrarit
~a,ter, infancy, and coverture, or any two or more of
~ch pleas shall be pleaded together ; but in all such cases
• rule stall !4e drawn up by the proper officer, on the pro_
,action of the engrossment of the pleas, or the draught or
ayies tl ereaf.
" That these rules shall take effict on tie nut day of
,ext M;chaelmas term, except the rule as to service of
ieclarations in ejectment, which shall take effect from the
nth day of October next."
This being the last day of term, the Court sat
ill a late hour to dispose of the various motions,&e.
;,he eases for the most part were of no interest.
_ _ _

COURT OF COMMON PLEAS, JUNE 13. I
Shortly after the Judges took their seats on the
bench, Mr. Justice PARK read to the bar a series of
4eneral rules and regulations which had been agreed
•0 by all the common law Judges Of Westminster-
hall. They referred chiefly to the practice to be ob-
:freed with respect to justification of bail; the form
declaring in common actions on bills of exchange,
&c.; the service of notice and declaration of eject-
ment ; the practice as to bills of particulars, set off
judgment of nonpros, summonses to appear before a
Judge in Chambers, imparlances, pleading several
matters, &c. &e.; in all of which the new rules are
calculated to save both time and expense to the
suitors, and materially to abridge the pleadings.—
They are to take effect from the first day of Michael-
mas, term next, except the rule with reference to de-
clarations in ejectment, which is to come into ope-
ration on the 25th of October.

COURT OF EXCHEQUER, JUNE 13.
WAINWRIGHT V. BRAND.
In this case Mr. F. POLLOCK on Saturday ob-
tained a conditional rule, calling upon the plaintiff
to show cause why the trial of an action which he
had commenced against an insurance company should
not be postponed, in consequence of the defendants
have filed a bill of discovery in the Court of Chan-
cery, and of the very extraordinary circumstances
connected with, and preceding, and following the
effecting of the insurance. In our account of the
proceedings upon obtaining the conditional rule on
Saturday, we suppressed the name of the plaintiff,
who sued as executor of the deceased young lady
whose life had been insured. The cause of such
suppression not existing any longer, we now pre-
sent the case as it was presented in Court to-day.
Mr. Fou,ETT appeared to show cause against the
rule, but he made no attempt whatever to answer
the grave charges which had been insinuated against
the plaintiff on Saturday.
As this preposition had been stated by Mr. POL.
LOCK on Saturday, and as that Learned Gentleman
had rested his case upon the extraordinary nature of
the circumstances which he submitted to the Court,
the discussion to-day was over in a minute, the
Court ordering the rule for putting off the trial to
be made absolute.
Mr. FOLLETT hoped their Lordships would order
the amount of the policy to be paid into Court in
the mean time.
Mr. POLLOCK said that the Insurance Company
had no desire to make any profit of the sum in
question, and they would therefore invest it in any
manner which Mr. Wainwright might wish. They
would either invest it in the funds, or lay it out in
the purchase of Exchequcr•bills.
Mr. FoLLETT still pressed for a payment into
Court ; upon which the Lord Chief Baron told him
that he might have the money invested in the funds
if he wished to incur the risk of disposing of it in
that manner.
Mr. FOLLETT said that in the present state of affairs
he should decline that offer.
The case was therefore generally ordered to stand
over until the next term.

POLICE INTELLIGENCE.

MANSI 0 N- H 0 USE.
A respectable. female, whose husband had been
a few years ago in very flourishing circumstances
as an extensive grocer in St. Clement's-lane, but
who is now a vennyless widow, with five young
children to support, applied at the Justice-room on
Saturday for assistance. There were persons pre-
sent who knew her former condition, and that she
was one of that class of individuals who would suf-
fer the most galling privations before they would
put on the appearance of poverty.
She stated that her husband, not having sue-
ceaded to his satisfaction in business in the
city, took extensive premises at Lambeth;
but his health failing, adversity met them there,
and her husband died soon after with the bitter
knowledge that his family
enabledilwas holly hrotlhe ly thninipdnerovsicsle ofd
for. She was, he‘
a few friends to take a small house in the city, where
she struggled to obtain a livelihood ; but all her
efforts were unavailing; a distress was levied by the
parish in which she resided for poor-rates; but the
d
gave her
he onlyseuilnloe wpeedeuhneirntyo
rreehmef7e her
churchwarden was made acquainted with her mis-
fortunes,en a coffee-shop in a court in another
She
as she had not a farthing, she expected
gll(' from that also. With the aid of the
;nods,itpiordbiselha rt;ec 111b)yrouoatttra:
compassionate, however, she would be able to keep
herself and her children from the poor-house. The
unfortunate applicant was deeply affected while she
mentioned this simple story of her distress.
mr. Hower, the chief clerk, told the Lord Mayor
that he knew the applicant to have been a most ex-
cellent wife, and to be the best of mothers. He
knew that she had moved in a most respectable
sphere in the city, and borne up against a number of
calamities with astonishing fortitude.
The LORD MAYOR then not only relieved the ap-
plicant from his private resources, but directed Mr.
itutr,eid:lhN•bx,%,,iyeamltlaltetili,eceiii)bi;:errtiutitaebuliaer,who should be made
Uobler to receive any contributions which might be
thirty' years of age, was
1-teacpoprnidhetl:dloaanytsotrlif'oesr
hem privateuosieieeyfr, oaoem3:lo,enmwtbiltelli.
d husband‘viti e flraodmefher. eighteen
e'toelysfaid Member had succeeded in part-
'tloegiq':nel'fruliqgba'ATa'tlurtlil'ihglinarlm'itege:td'rre'illf'tlirlei aiogitlut I est
telnli
d%blvi
eureese•ne idt%oirbhit
tlih: I
obliged
eaetdemv
tt:poonlinaodr:i.rstmyirne‘hvi employment of r
It appeared that the defendant had become ac-
years of age, who
,ofhtelvleingcomi
mpplaeisnear
u,- aetilidhiiimi-
armoe:eivepfretridfeenrttnintog
by an abundance of lies. The complainantp had
othheadladm, eNrvehlyo,
an
tt considerediltterest
interested
anyno T afiluer verytLhOe rßpDttiriO.A'eUlebAhliea- t
hgeo
connection,
tal
en
eotti he en:
actiodu,nt country
besides, than w
ato
s
be committed to poltß:ecettielot.rili.de the
complainant, prisoner , ifs
hseh she
should
bshuet
awdheepntesdh she foundr thatdifferent
t ehnise,Laotritdlsshai
She at first seemed to think little of this threat; •
pal"sTe i ilivOuld earnest,
do
so no more.

GUILDHALL.
John Stnith and Ellen Boyle were brought up for
re-examination, charged with having 71. 10& in
counterfeit coins in their possession, with intent to
utter them.

4ir PETER LAURIE committed them for trial.
A young man, named William Henry Hogan,
was charged with enticing two gills, aged 14 and
i 9 years, from the roof of their father, Francis Jick-
ling, a respectable tradesman at Brancas, near Lynn.
The girls, NVIIOIIi it had been necessary to put into