The Sun.
London, England, 1836-01-23 00:00:00

KING'S BENC/1-(THtS DAY.)

THE KING V. LAINGUAIi.

This was an information ht the inattire of a quo tiicirrtlnto,
calling upon the det'cndant to. din* bjt what atitliYfilt liti elitr-
ciseti the office of Mayor of the borough of Berwidt-upoti-
Tweed. The case had biers tried befbre. Mr. Jtistiee Cole-
ridge, at the Nottlittinhtrlan stiieitj 44i had
for the Crown hpon, issues, and, for thb defenelLnt
two other issues. The verdict in substance Was, that due no-
tice of the meetfng, fO;r theptlrpdsp, Of elect-
ing the Illayof, 114 ,11. nut been given to tlidesi
(twn
• been omitted); and that the Mayor, Bailiff, and
burger es being duly assembled at a Guild, held for that par-
ptse after Bete twtievl duly elected the cicfciiOnt, A rule for
leave to enter a verdict for tho kA.eWri riau beer suusequentii
obtained by Mr: Sergeant Aiteherley op the grtititid that the
omission of two burgesses vitiated the eleeiloil.
Sir Frederick Pollock, Mr. Creswell, Mr. Ingham, and Mr.
Wightman, now appeared to show cause against the rule.
In the course of his arguments, Sir Frederick Pollock observed
that the election had-occurred so far back as the 23d March,
1831, and the relator, William Hopper Tompkins, who was
the other candidate for the office of Mayor, in opposition to
the defendant, could not have the most remote interest in now
seeking to disturb the verdict. Since the ease had been upon
their Lordships' paper, all interest in the Ultimate disposal of
the question had evaporated, in consequence of the introduc-
tion of the new Municipal Bill. If a new trial was rid*
Sought for, it could only be obtained upon the payment of
costs, upon which condition his Learned Friends on the other
side were perfectly welcome to it; but, as he had before ob-
served, the matter not being now of the value of a straw to
any human being, he was satisfied it would not be accepted on
these terms.

The arguments had not concluded, when our Reporter left.

EXCHEQUER COURT-(THIS DAY).

JUDGMENT.-LYDE V. BARMARD.

A motion for a new trial• in the above cause was argued
during last Term, when the Court took time to consider their
judgment.

This morning, at the sitting of the Court, the Learned
Judges delivered their opinions seriatim. The facts of the
case were these :—Lord Edward Thynne applied to the plain-
tiff for the loan of a sum of money, for which he proposed to
assign his interest in the money he received under his marriage
settlement, under which the defendant was a trustee. Plaintiff
went to defendant, and inquired what was the present state of the
fund, and whether it was much encumbered. Defendant then
said Lord E. Thynne was in the receipt of the full half of the
dividend, and upon that representation the plaintiff lent the
money, amounting to I,ooot. It afterwards turned out that
the Marquis of Bath, Lord Edward's father, had the settle-
ments mortgaged for 2,0001. For such false representations,
the plaintiff brought his action, which was tried before Lord
Abinger, and the plaintiff nonsuited—his Lordship consider•
ing that! the case came within the Act 8 Geo. IV., cap. 16,
called Lord Tenterden's Act, by which it is required that a
defendant shall not be charged in such action, without the re-
presentation was given in writing.
Mr. Baron GURNEY was of opinion that the Lord Chief
Baron was right in his view of the case, and that the rule for
a new trial ought to be discharged.
Mr. Baron ALDERSON was of opinion that the nonsuit was
wrong, and that there ought to be a new trial. He considered
that the representation made did not affect the ability of Lord
E. Thynne, and that he did not come within the meaning of
Lord Tenterden's Act.

Mr. Baron PARKE was of the same opinion. He thought
the case ought to have been left to the Jury,
The LORD CHIEF BARON was very sorry to differ from his
two Learned Brothers, but he still, after much consideration,
entertained the same opinion that he did at the trial. The
case was one of much importance, so much so that the Court
were at one time very anxious to have it argued before the
whole of the Judges. He would propose that the rule should
be made absolute, in order that the parties might have the
opportunity of tendering a bill of exceptions. As the Court
was divided, the rule must be made absolute on the payment
of costs.

THE MARKETS-(THIS DAY.)

COVENT GARDEN MARKET

There was a moderate supply to this day's market, and the trade
was somewhat dull at nearly last week's prices :

8. rt. to 8. d.
Potatoes (cwt.) 2 0 4 6
Cabbages, White (12) 1 0 2 0
Ditto Red 2 6 3 6
Ditto Savoy 4llO 1 6
Endive 1 0 2 (1
Horse Radish(bundle) 2 0 3 6
Celery • 1 6 2 0
Carrots kl2bunches)... 4 6 11 0
Turnips
Coleworts or Greens 2 6 3 6
Leeks 1 6 2 0
For. Grapes (per lb.) 0 10 2 6
English, Forced 1 6 4 0
Filberts 0 6 1 b
Fine Apples (lb.)

1. d. to s. d.
Spinach (half-sieve)... 6 8 1 0

Apples 1 6 5 0

Pears
Cabbage Lettuces 1 ti 2 0
Mushrooms 1 6 3 0

Onions 1 0

Sweet Oranges(loo) 5 0 12 0
Seville Oranges 8 0 15 0
Lemons 5 0 12 0
Asparagus l5 0 18 0
Walnuts
Span. Chestnuts (peck) 4 0 6 0
French ditto
Spanish Hazlenuts 4 (I 6 0
Brazilian Nuts 2 0 4 0