The Sun.
London, England, 1838-04-30 00:00:00

JUDGMENT.-REED V. DAILLIE.

The VICE-CHANCELLOR gave judgment to-day in this case, which was
argued before the Court a short time since. The bill was filed by the
plaintiff in the character of a specially creditor of a person of the name
of Henry Candler Brown, and in his Honour's opinion the plaintiff
could not sustain his bill unless he made out that fact. The circum-
stances under which the bill was filed, and out of which it was allegtd
the debt arose, were rather singular ;—A person of the name of Ed-
ward Candler Brown, who resided in Ireland, but having estates in
Norfolk, employed a gentleman of the name of Wilkie, a solicitor at
Taddaster, to raise a sum of 4,0001. There was a young man named
James Dennis, who would come of age in April, 1817, when he would
ba entitled to certain sums in the funds, and it was thought that he
might be induced to advance the amount required. Application was
made to him in 1816, when it was proposed, if he would make the
necessary advances to Mr. Edward Gandler Brown, that security should
be given him for that amount on certain farms in Norfolk, of which Mr.
William Dennis, his uncle, was the tenant under Mr. Edward
Candler Brown. From what took place at that time, deeds of
lease and release were afterwards prepared, leaving blanks
for the amount, which deeds were executed by Edward Candler Brown,
On James Dennis attaining his age of 21, he peremptorily refused to
advance the money to Edward Candler Brown, but had no objection to
lend it to his uncle upon the security of his bond. Accordingly in
May, 1817, the sum of 2,0001. was advanced by James Dennis to his
uncle, whe, according to the evidence on behalf of the plaintiff, handed
it over to a Mr. Henry Candler, for Mr. Edward Candler Brown and
Henry Candler, in 1817, executed the bond on which the suit was
founded to Mr. Wm. Dennis for the amount advanced. Mr. Henry
Candler, to whom it was alleged the maney had been paid (after the
death of E. C. Brown), became involved in his circumstances, and while in
prison, acknowledged the receipt of the money, at the same time stating
that he had not applied it to the purposes of Mr. Edward Chandler
Brown; subsequently, however, he denied receiving the money at all,
and upon that point the evidence in the cause was conflicting. The
plaintiff, who was the representative of Mr. William Dennis, asserted
positively that the money had been advanced, and filed the present
Bill claiming the amount from the estate of Edward Candler Brown.
His Honour, considering the evidence on both sides so contradictory
as to render it impossible for the Court to know what the real facts
were, thought the best course to adopt would be for Mr. Reed to
bring an action upon the bond against Mr. Baillie, imposing it as a term
upon Mr. Reed, that he should give evidence of the consideration for
the bond.

TWITORD V. TAAILL.
The arguments in this case, which were part.heard on Saturday, were
resumed to.day, but had not concluded when our Reporter lett.

QUEEN'S BENCH.-(THIS DAY.)

THE QUEEN V. MURPHY ♦ND OTHERS.

At the sittings of the Court this morning, Mr. Justice LITTLEnALa ob_
served, that in this case, which had been mentioned a few days ago, and
which was an indictment for a conspiracy, the application must come be-
fore the Court in the shape of a motion.

THE QUEEN V. THOMAS.
In this case, a rule for an information in the nature of a quo war.
ranto had been obtained by the Attorney-Gcneral, calling upon the de-
fendant Josiah Thomas, to slim by what authority he exercised the
office of town clerk, and clerk of the peace for the Borough of
Tewkesbury.

Sir Wm. FOLLETT now appeared to shew cause against the rule.
The application had been made on the affidavit of a person
named Sandi lands, who had in the first instance filled the office of town
clerk, but from which he had been removed two days afterwards by the
vote of the Town Council of the Borough.. By the 58th sec. of the new
Municipal Act, the Corporation had the power of appointing a town
clerk, and who was removeable at their pleasure; and by the 102c1 sec.
the appointment of the clerk of the peace was vested in the Justices, and
the situation was to he held " during good behaviour." Now, it ap.
peared that both Sandilands and Thomas belonged to what was called
the liberal party, and that some friends of the former had induced him to
resign the office of town clerk, to prevent a division of interests in the
borough, and after he had been dismissed the office he repented, and
now applied to have himself reinstated, because another situation, which
had been promised him for his son, had not been confirmed. Taking all
the circumstances into account, the Learned Counsel contended that the
rule must be discharged.

The ATTORNEY-GENERAL and Mr. RICHARDS were heard in support
of the rule, and

The COURT decided that the rule for the quo toarrunto, must be
discharged.

BAIL COURT.-(THIS DAY.)

THE ATTORNEY-GENERAL V. ST. PANCRAS CHURCH TRUSTEES.

The ATTORNMY-GENERAL moved for a rule to show cause why a man-
damus should not be issued against the St. Pancras Church trustees to
lay their accounts before the Board of parochial auditors. It had been
twice decided that under Sir John Hobhouse's Act these accounts ought
to be laid before the parochial auditors. These trustees had been called
upon to produce the accounts for the half year ending 25th March last,
but they had refused to do so.

Mr. Justice WlLLisms—They have stolen a march upon you; they
have taken their accounts to the Sessions.

The ATTORNEY-GENERAL—They have, my Lord, to avoid this mo-
tion. We seek, however, to have these accounts exhibited to us, and
then we may contend that the auditing of the Sessions was of no avail.
Mr. Justice WILLIAMS—Take a rule.
QUEEN V. NESTLAKE.

Mr. \VlLuaus appeared on the part of defendant, an attorney, to u
rule calling on him to answer a charge of having filled up a writ without
the authority of the Court. This the defendant admitted, and in his
affidavit alleged that it was merely done in joke, and that the person on
whom the false writ hal beers served had been informed of this the day
after.

Mr. JLRDINC for the Law Society, at whose instance the writ had
been issued, said the Society had felt it their duty to bring the matter
forward ; but they did not wish to press the case against the defendant,
and would leave the case in the hands of the Court.

Mr. Justice WlLLtams said the Society had acted most properly. The
defendant's joke was a very good one, and he must pay for it by bearing
the costs,

EXCHEQUER COURT (THIS DAY.)

M‘KINNELL V. ROBINSON.)

This case came before the Court upon demurrer of the defendant's
plea. The action was brought to recover the sum of 301. lent. The
defendant pleaded that the money had been lent for the purpose of play.
ing the illegal game of Hazard.

Mr. CittimeToN appeared to support the demurrer, and contended
the plaintiff had a clear right to recover, because the money was lent
upon a mere parole contract, and the cases in the books, amongst which
were Barshaw v. Warmslay, and Robinson v. Bland. shoK•ed that the
Gaming Acts, the 16th Charles 11., and 9th Anne app:ied to and made
void only written contracts.

Mr. WicurrsisN appeared in support of the plea, and contended that
the present case was different from those in the books, because the
money here was lent not only in a common gambling house, but it was
for the specific purpose of playing at hazard, which by the 9th Geo. 11.
was a prohibited game, and a penalty of 501* was imposed upon all who
played at it. It was impossible to prove the plaintiff's case without
showing an illegal Act.
Mr. CRUNIPTOS replied.

The Loan CHIEF BAftos said it seemed to him very inconsistent that
a party should be precluded from his action upon a bill of exchange for
a gaming debt, and yet be able to recover upon the parole contract. As
they were conflicting cases the Court would consider the case.
Judgment deferred.

LLOYD'S SHIPPIN-6.-(TRIS DAY.)

DEAL, APRIL 29.—A.M., Wind N.N.E. ; P.M., E.S.E.—Came down
from the River and sailed, the Louisa Munro, Duff, for the Mauritius ;
Hindostan, Redman, for Madras ; Nereid, Tay, for Leghorn ; Monarch,
Brown, for St. Lucia; Norfolk, M`Gildowney, for the Mauritius ; Eliza-
beth, Hall, for Sydney ; Samson, Sturges, for New York ; Brankenmorr,
Nicholls, and Samuel, Smith, for Montreal. Arrived and remain, the
Madagascar, Walker, for Calcutta ; Slaines Castle, Petrie, for China ;
Lloyd's, Garrett, for Hobart Town.

Poarsmourn, APRIL 28.—Wind N.N.E.; 29, N.N.E. to N.W., fine.
PLYMOUTH, APRIL 2.B.—Wind E.—Arrived the Wynhandel, from
Batavia. Arrived off, the Rio packet, Denet, from Bahia. Sailed the
Hirondelle, for Cadiz.

FALMOUTH, APRIL 27.—Wind S.E. to N.-28th, N. to E., fresh
breeaes.—Arrived, the Pomona, Asplit, from Rio Janeiro, sailed Feb. 6,
on freight, 20,000/. in gold; the Planet, Thompson, from Palermo ; the
Albion, Ball, from Leghorn. Arrived ofl, the Ada, Simpson, from Ja-
maica. The brig Rose, Renneck master, which was assisted in here
after striking on the Manacle Rocks, was surveyed yesterday, and im-
mediately commenced unloading her cargo. The brig James Hunt,
M.`Donalci master, from St. Domingo, for Antwerp, whilst lying along_
side the pier reloading her cargo, fell over at low water.

LIVERPOOL, APRIL 29.—Wind N., light —Arrived, the Bathe Jack_
son, from New Orleans; the Maria, Moller, from St. Betershurgh ; the
Alexander, Frithioff, from Copenhagen. Arrived off, the John 0
Gaunt, from Canton; the Orleana, from Bombay; the Celia, from New
Orleans; the Emma, from the Mediterranean.
COWES, APRIL 29.—Arrived, the Russian, Woodberry, New York.

PENZANCE, APRIL 28.—Arrived off, the Louis Phillipe, New York.
GuErmusr, APRIL 27.—Arrived, the Adelaide, Taylor, from Rio
Janeiro ; the Eelus, Ewers, Wismar ; the Minerva, Maab, Wiburg.
JERSEY, APRIL 27.—Arrived, the Rolla, Le Ruez, from Messina.
BRISTOL, APRIL 29.—Arrived, the Hornby, Allen, from Barbadocs ;
the St. Ana y Almas, from St. Michael's.

WATERFORD, APRIL 27.—Arrived Commodore, Cozens, from London.

CoaK, APRIL 27.—Arrived the Eliza, M'Euzeh, from Licata.

HULL, APRIL 29.—Arrived the Julia, Alward; from Rostock ; Ed-
ward, Weleen, Kiel, and Amandus, from Hamburg; Chase, Brown,
from Hamburg; Calo, Harrison, from Hamburg; Carl. Pbtcrs, from
Hamburg; Lee (steamer), from Hamburg; and Crtharine, from
Tonning.
GooLg, APRIL 28.—Arrived Temeanne, Waahmar, from Cuxhaven.
APRIL 28.—Arrived elmina, Hanser, from Copenhagen.
LITRIPOOL, APRIL 28, 6 P. m.—An outward bound schooner is
aground near Brazil Bank. 29.—A sloop is aground on Barbo Bank,
the life-boat alongside.

The Canada, Hicks, from Canton, is supposed to be arrived in the
Bristol Channel.

HAYMARKET.—On Saturday night a clever little
piece in two acts, by Mr. Buckstone, was brought forward at
this theatre, citified Weak Points. The acting of Buck-
stone, Strickland, and Mrs. Fitzwilliam constituted a high
treat. Madame Celeste's dancing and acting were, as usual,
graceful, energetic, and interesting. It is rare to behold a
combination of such corporeal and intellectual excellencies
blended in one individual. We know no one who equals her
in the power of dignified pantomimic expression.
GALLERY OF COMICALITIES, Part VI., from
Bell's Life in London, will be ready for delivery to-morrow,
at 170, Strand ; and, in addition to the usual Series of Ori-
ginal Humourous Sketches of Character, illustrated in Prose
and Verse, will contain splendid impressions of " The Water-
loo Shield " and " The Doncaster Cup," which appeared in
the columns of the same paper last year, and were so highly
appreciated. The price will be, as usual, but Threepence ;
and the whole Six Numbers, containing nearly Five Hundred
Comic Engravings, may be had for Eighteen-pence ! The
Engravings alone cost 2,000 guineas, and of the former num-
bers considerably more than a million have been sold. The
trade will be supplied as heretofore, and impressions not sold
previous to the Ist of January, 1839, will be taken back, and
the money returned. Never out of print,