The Sun.
London, England, 1849-03-15 00:00:00

No. 17,6 19.] LONDON, THURSDAY EVIENI

METE,OPOLITAN COUNTIES AND
GENERAL LIFE ASSURANCE SOCIETY,
27, REGENT STREET, WATERLOO-PLACE, LONDON.
INCORPORATED PURSUANT TO ACT OF PARLIAMENT.
TRUSTEES.
Spencer H. Walpole, Esq., 3f.P. I Richard Spooner, Esq., M.P.
Henry Peter Fuller, Esq. I Edward Yansittart Neale, Esq.
DIRECTORS.
Samuel Driver, Esq., Whitehall.
Henry Peter Fuller, Esq., Piccadilly.
John Palk Griffin, Esq., Ironmonger-lane, Cheapside.
Capt. Hon. G. F. Hotham, RN., United Service Club, and
Brighton.
Edward Legh, Esq., the Limes, Lewisham, Kent.
Edward Lomax, Esq., St. John's-wood-park.
Samuel Miller, Esq., Lincoln's-inn.
E. Yansittart Neale, Esq., South Audley-street.
Sir Thomas Newby Reeve, Richmond, Surrey.
William Studley, Esq., Brixton, Surrey.
William A. S. Westoby, Esq., Hyde-park•place.
Thomas Littledale, Esq., Liverpool.
The LIFE ASSURANCE DEPARTMENT of the Society em-
braces :
Assurances upon single or joint lives, contingent survivorship, or
the survivor of two or more lives.
Endowments of widows and children.
Immediate, deferred, and survivorship annuities.
The payment of fixed sums to the assured at any specific age, or
to their re- resentatives in case of death before that age.
Premiums may be paid yearly, half-yearly, or quarterly, or upon
the half premium plan for the first five years.
Loans granted on an entirely ne,v principle.
RAILWAY ASSURANCE DEPARTMENT.
All persons, of whatever class, travelling by Railway in Great
Britain and Ireland, assured in the event of loss of life by accident
whilst so travelling, at the moderate premium of 10s. per cent., in
one single payment, for the whole period of life.
EXAMPLE.-1. person may by one single payment of 5/, assure to
his family or others the sum of 1,0001., to be paid in tke event of his
losing his life by railway travelling in Great Britain or Ireland.
F. FERGUSON CAMROUX, Manager.

ART-UNION of LONDON.
Incorporated by Royal Charter.
The Subscription List will CLOSE on the 31st instant.
Each Prizeholder, at the Annual Distribution, will be entit:ad t
select FOR HIMSELF a Work of Art, as heretofore.
Every Subscriber will receive for each Guinea an impression of a
Line Engraving, by P. Lightfoot, after W. E. FrOst, A.R.A.
—" SABRINA," a proof of which may now be seen at the office, and
in addition to this, an Engraving, after a design in bas relief„ of
" Christ entering Jerusalem," for which the Premium of 1001. has
been awarded to Mr. J. Hancock.
GEORGE GODWIN, Honorary
LE WIS POCOCK, j Secretaries.
444, West Strand, March, 1849.

CHESTER. and HOLYHEAD RAILWAY.
Notice is hereby given, that the 11 alf-yearly General Meeting
of the Shareholders in this Company will be held at the Office, 61,

°on:ate...treat, in the City of London, c n FRIDAY, the 16th day of
March n•w next ensuing at One o'clock in the afternoon.
This Meeting will be made Special, in order to determine on the
expediency of raising additional Capital by the creation of New
Shares under the powers of the existing Acts, and of a Bill whichhas
been introduced into Parliament for the purpose. _

.....
To authorise the Directors to exercise the powers of the Company
of borrowing money on mortgage, and to confirm the purchase et the
Mold Railway.
The Chair will be taken at One o'clock precisely.
ANDREW G. GIFFORD, Secretary.
Offices, 61, Moorgate-street, London, March 1, 1349.
N.B. The Transfer books of the Company will be Closed from
FRIDAY, the 9th of March until after the Meeting.

CARRIAGE FREE.—Families resident in the
country, whose consumption of TEA is considerable, are par-
ticularly invited to the Establishment of MANSELL and CO.,
Whole=ale Tea and Coffee Dealers, 2, Bucklersbury, Cheapside.
When the order is for Clbs. in weight and upwards, the carriage is
paid direct to the house, and the lowest wholesale price is charged;
thus the frequent addition of accumulative profits is saved.
MANSELL and CO., Bucklersbury, Cheapside.

J3ARCLAY, PERKINS, and CO.'S LONDON
PORTERS and ALES.—Southampton, Portsmouth, the West
of England, and South Wales.

The Trade supplied at the London Prices, delivered at the London
Stations of the South Western, South Coast, and Great Western
Railways.
Orders received by

Messrs. J. Mack, 81, High-street, Southampton.
„ W. Payne, Lombard-street, Portsmouth,
A. Vowles, 33, High-street, Bristol.
„ J. L.Cayme, High. street, Merthyr.

ONTRACT for WELSH COALS for
Li DEPTFORD.

Department of the Comptroller for Victualling and Transport
Services, Somerset-place, March 13, 184 g.

. • . -
The Commissioners for executing the office of Lord High Admiral
of the United Kingdom of Great Britain and Ireland, do hereby give
notice that on THURSDAY, the 29th instant, at One o'clock, they will
be ready to treat with such Persons as may be willing to Contract
for supplying and delivering into her Majesty's Victualling Stores
at Deptford,

1,200 Tons of Handpicked Bryndorway, Llangenneck, Graigola, or
Aberaman Merthyr Coals.
One-third thereof to be delivered by the Ist May, another third
thereof by the 31st July, and the remainder by the 30th September
next.

The conditions of the contract may be seen at the said Office. No
Tender will be received after One o'clock 011 the day of treaty, mot*
any noticed, uuless the party attends, or an agent for him duly au-
thorised in writing.

Every Tender must be addressed to the Secretary of the Admi-
ralty, and bear in the left hand corner the words " Tender for Coals
for Deptford," and must also be delivered at Somerset-place, ac-
companied by a letter signed by a responsible person, engaging to be-
come bound with the person tendering in the sum of 3001. for the due
performance of the Contract.

ASSIZE INTELLIGENCE.
HOME ClllCUlT—Maidstone,:March 14.
CIVIL SlDE.—(Before Mr. Baron PARKE and a Corn

mon Jury.)
RASPESSON v. PECK.

This was an action upon a bond or agreement to re-
cover the sum of 2001. A number of pleas were put
upon the record, but the most material one was that the
agreement in question had been obtained from the de-
fendant by fraud and misrepresentation.
Sergeant Shee and Mr. Clarke were for the plaintiff;

Sergeant Channell and Mr. Deedes for the defendant.
The circumstances under which this action was

brought were of rather a peculiar character. It appeared
that a Mr. Anthony Peck, the father of the defendant,
had been possessed of some laud and other property
at Gravesend, which passed into the possession of the
defendant, and had been so in his possession for a
great number of years. Mr. Anthony Peck had four
children, William, the defendant, Anthony, Samuel,
and a daughter named Susannah, who, it appeared,
had married the present plaintiff. Some time in last
year the South-Eastern Railway Company required the
property in question, for the purpose of making a portion
of their line, and they agreed to give 1,8001. for it; and
it seems that about this time the plaintiff, in right of his
wife, first set up a claim to a portion of the property. An
attorney at Gravesend, named Bowditch, made applica-
tion to the defendant in his behalf, alleging that some
will was in existence by which his sister Susannah was
entitled to a share of the property, and these applica-
tions, it would appear, were handed over to Mr. Mat-
thews, the defendant's attorney, who resisted the claim,
among
and informed Mr. Bowditch that there was no founda-
tion for it; and things continued in this state until the
company were nearly ready to pay over the money to
the defendant, and then it appeared that Mr. Bowditch
sent them a formal notice not to do so, and on the notice
he set out a clause, in a supposed will of Mr. Anthony
Pe
to the defendant in
trust,ck to by
be which
equallyhhe
left
propertyall his children, share
and share alike. The comparty, upon receiving this notice,
divided the
e
immediately made the necessary inquiries through their
solicitor, and the result was, that they could not discover
the existence of any will or any document in support
of the claim that was set up on behalf of the plaintiff,
and on the Ist of May they gave notice to Mr. Bow-
ditch, that if he did not within one month either pro-
duce the will, or show by some other evidence that the
plaintiff had any legal claim, they should not pay any at-
tention to the notice that had been sent them, but should
at once complete the purchase. This was on the Ist of
May, and it was shown that after this Mr. James, a
gentleman who was acting as attorney for the com-
pany, told Mr. Bowditch distinctly that the company
did not believe there was any foundation for the claim
that had been set up by the plaintiff, and that unless
the will referred to was produced, they should pay the
money. It was then alleged that on the 30th of May
the attorney for the plaintiff, Mr. Bowditch, went t•,
the house of the defendant, who, it appeared, is an
old man of seventy, and he there produced the notice
that had been sent by the company, telling him that
unless he came to some terms be would be involved in
an expensive Chancery suit ; and the defendant upon
that occasion consented to give two hundred pounds to
his sister, provided the notice to the company not to pay
the money was withdrawn, and the agreement in ques-
tion was then drawn up. It appeared that Mr. Bowditch
concealed altogether from the knowledge of the defen-
dant that the Company would not give any credit to the
claim that had been set up, and had determined to pay
the money, notwithstanding it had been made, and this,
it was contended, amounted to obtaining the agreement
by fraud.
Mr. Sergeant CRANNELL, in addressing the jury for
the defendant, commented severely upon the conduct of
the plaintiff's attorney, Mr. Bowditch, in obtaining such
as instrument from the defendant, and said there was no
doubt he had done so by alarming him with the prospect
of an expensive Chancery suit, and by concealing from
him the real position of affairs, and that the company
gave no credit to the claim that he had set up on be-
half of the plaintiff, and intended to pay the money with-
out any reference to it; and he submitted that these facts
made out the plea that the instrument had been obtained
by fraud.
Mr. Baron PARKE, in summing up, left two questions
to the jury, the first was, whether they considered the
conduct of Mr. Bowditch supported the plea that the
agreement had been obtained by fraud from the defend-
ant; and secondly, whether, supposing the agreement had
been voluntarily given by the defendant, the condition
prescribed in it of withdrawing the notice to the com•
pany not to pay the money, bad been fulfilled.
The jury, after a very short deliberation, returned a
verdict for the defendant upon both the points left to
them by the Learned Judge.