The Sun.
London, England, 1847-11-04 00:00:00

Is-69 lold.

His LORDSHIP said he did not wish to be under"
stood as being opposed to the application. If he 1111
a proper affidavit he would make an order that the
_
matter shonld be referred to the Master,
there were such special circumstances in the case as
would justify him in making the required alteration
in the order. to inquire if

The petition was then ordered to stand over.

VICE-CHANCERY.—(THIS DAY.)
(Before Sir J. WIGEAM.)
BELSHANI V. PERCIVAL.

The plaintiff was one of the executors of James
Frampton, deceased, and in that character instituted
an action against Percival for a debt, which was de-
cided in the Court of Common Pleas in his favour,
and an execution was ordered against Percival, who
at that time represented himself to be possessed of an
oyster bed in Esfex. Judgment was pronounced on
the 14th of July, 1841, but on the 2d of that month
Percival had conveyed the oyster bed to Lawrance,
his soliictor, who subsequently sold it, as he stated, in
liquidation of a debt of 4851. due by Percival to him
The present suit was virtually against Lawrance,
and the parties who claimed liens on the oyster
bed.
Percival having alleged that the conveyance in ques-
tion only vested the oyster bed in Lawrance in trust.
His HONOUR delivered judgment to-day, and de-
cided that the bill should be dismissed with costs asagainst Mrs. Harrison, one of the defendants,
who,
however, should be made a party to the suit, and
directed an issue to try the validity of the conveyance
of the 2d of July.

QUEEN'S BENCH—(THIS DAY.)
(Sittings in Banco.)
UNDERMINING MOUSES.—IIILTON V. LORD GRANVILLV.
This was a trial at bar, and took place during the
last term. It was an action to recover compensation
in damages for the alleged negligent working of cer-
tain mines at Newcastle-under-Lyme by the defen-
dant, by which the foundations of some houses pos-
sessed by the plaintiff gave way, and were thereto!e
seriously injured. The jury found for the plaintia
on the first and second issues--namely, that he had 1",
right to the foundations of his houses, and awarded
him 301. damages fbr the negligent working of the
mine by the defendant ; but they found for the de-
fendant on the fourth plea,
which was to the effeet
that he had a right to the minerals, and that it had
been the custom from time immemorial to work the
mines in the district in a similar manner.
The ATTORNEY-GENERAL no W moved, pursuant to
permission reserved by the Court, for a rule calling
upon the plaintiff to show cause why the verdiet
should not be entered for the defendant on the first and
second issues ; or why the verdict should not be re-
stricted to the first issue. The declaration averred
that the foundations had been undermined lay the
negligent and improper working of the defendeutt
and that he (the plaintiff) was entitled to enjoy the
foundations without hindrance, Now, he contended
that the finding was inconsistent, and that the record
should come under the review of the Court, in order
that it might be amended, so that the matter might
be re-opened and discussed; for it was obvious that
there was some misconstruction in the minds of the:
jury with respect to the words "negligent working."
There was no evidence to show that this was the ease
—in fact they found the defendants had a right to
work the mine, and if that were' so, how could it be
said that the plaintiff was entitled to enjoy the foun-
dations without hindrance or disturbance?
Mr. Serjeant TALFOURD, on the part of the
applied for a rule to show cause why the plaintitl
should not have judgment on the damages awtaded
him.

Lord DENMAN—These pal ties o ught to have what-
ever rules they apply for, because the matter requires
further discussion. The Court, however, consented
to this without assenting to any of the propositions
enunciated.

GRIM. CON.—GADSBY V. ESTALL.
Sir F. THESIGER said, in this cease, he had to apply
for a rule for a new trial, principally on affidavits-
The action was brought to recover compensation in
W iwg
damages for criminalc conversation, and was tried he-
ahst rnan
returned during o r the
ee ,_
term,
1121nr.d
verdictJau•sti
de-
fendant, owing to the inability of the plaintiff"
to prove the handwriting of the defendant to
.0
letter of a tender nature, which he had addressed to his
wife. It appeared that Mr. Gadsby was a commercial
' traveller, and was compelled frequently to be absent
from town for the firm with which he was connected,
and also to remain until a late hour at the counting'
house in the City, but there was not the slightest The on his conduct towards his wife.
defendant, who was a married man, came to reside
next door to the plaintiff, in Ellcumbe-terrace'
Islingtnn, which was called from the father of the
plaintiff's wife, a blican, who resided nearly oppo.site.
The plaintiff and defendant were almost entirelY
strangers to each other, but a strong intimacy
appeared to have sprung up between the plain tift`
wife and the defendant, and that ho frequently visited
her during the absence of her hush tnd. The evidence
with respect to the alleged criminal intercoursc_l
between the parties mainly, if not altogether, rested
upon two very important facts---ithe first being the
circumstances which occurred one night prior to th?
plaintiff's wife going into the count ry, and the second
a letter alleged to have been written by the defendant
to Mrs. Gadsby, whilst staying at Bloomfield Farm.
which he (the Learned Counsel) read to the jury In
his opening, thinking that he should have been able
to prove that it was written by him. Strong evidence
was adduced at the trial that an itmproper intimacy,
subsisted between the parties ; for instance, she had
been seen wearing a Daguereotype portrait of thede-
fendant, and to kiss it; also that he -was admitted into
the lady's bed-room but two or throe days after her
confinement; and it wail proved by the servant, Far:
garet Davidson, whose evidence wag not contradicted
in a siigle point, and whose credit was not impugned,,
i
that the defendant at this time came late n tl,le
.
evening and remained until half past ten at nigh
that her father opposite, seeing a light, came over, and
ed when
inquired why his daughter had not gone to b ,

ITT!..RWTCTT, Nov, 3.—The Caorier has boon ;rot off
ore xrio),,:t. sl

lE.'
1,10 ; Ll, ye ei.::c4.) jrGeec t 'oe.: Gilt? ti L.!.
pia, of Leith, Wernyss, to Charente, has been assisted
in, and must discharge to repair.

MARKET NEWS.-(TIIIS DAY.)
EiAY DIAIMETS.
SMITHFIELD. - Meadow Hay, 21 8s to 31 14q;
Clover ditto, 31 8s to 4/ 145; and Straw, 11 8s to 11121
per load. A moderate supply, and a sluggish demand.
CusinEuLAND.—Mcatiow Hay, 2110 s to 31 153; Clover
ditto, 31 Ss to 41 12..; and Straw, 1/ 95 to 1/ 133 per
load. Trade rather dull, at but little variation in prices.
WHITECHAPEL.- Meadow Hay, 21 8s to 31 14s ;
Clover ditto, 31 103 to 41 175; and Straw, 118 s to 11 129
per load. Supply good, and trade dull.
TirEFIWGILTEI AND ZEILDENECALL.
We had a very dull trade here, to-day, and pricet
were with difficulty supported. Beef, from 25 bit
to 3s 8d; Mutton, 3s 4d to 4s 6d; Veal, 3s 6d to 4s
6d; and Pork, 4s to 5s 2d per Blbs. by the carcase.
fl EA DI/LIELICETS.
SOUTHALL, Nov. 3.—For each kind of stock, the sup-
ply of which was on the increase, we had a very dull
sale, and prices had a downward tendency. Beef, from
3s 8d to 4s 6d; Mutton, 3s 10d to ss; Veal, 33 10d
to 4s
_4d; and Pork, 4s to 4s 8d per 81b3, to sink the
offal.

ROMFORD, Nov. 3.—We had a very slow trade
here this morning, on somewhat easier terms. Beef;
from 3s 10d to 4s 6d; Mutton, 3s 8d to ss; Veal, 4s to
4s 6d; and Pork, 4s to 4s 8d per Sibs; Suckling Calves,
20s to 28s; Quarter-old Store Pigs, 20s to 235; and
Mitch Cows, with their small Calf, 15/to 171 15s each.
LEWIS, Nov. 2.—Beef, from 3s 8d to 4s 8d; Mitt,
ton, 3a 10d to 5s 2d; Veal, 4s to 4s 4d ; and Pork
4s 4d to 4s 8d per 81bs. A full average supply and a
sluggish demand.
COAL MARKET.—YESTERDAY.
Adair's Main ...... ... 16s 6d Crawford .. ...... . lB5 9,1
Bate's West Hartley... 18s 6d East Hetton
Carr's Hartley
Davison'sWestHartley 19s Od Hetton ..
Holywell Main ........ 18s Od Lambton
New Tanfield 163 6d Russell's Hetton
Original Pontop ..... 165 Od Shotten
South Pontop .. ...... 16s Od Stewart's
West Wylam
Wall's End, &c. High Thornley 175 od,
Bell and Brown ...... ... 19s 3d Leasingthorne
Bewicke and Co l9s 3d Adelaide Tees
Gosforth... . 19s 3d Denison
Marton
Hotspur
Medley
Riddell's l9s 3dCowpen Hartley
Eden Main 2os Od! W. llartley Netherton 199 0
Belmont 2os Od Sidney's Hartley
Braddyll's Hetton ... 20s 3dl
83 arrival

CORN AVERAGES.
GENERAL AVERAGE PRICES OF BRITISII CORN
For the Week ended Nov. 4, 1847, made up from the:Returns of In!
Inspectors in the different Cities and Towns in England and Walt,
per Imperial Quarter.
WHEAT. I BARLEY.' Oils. RTE, I BEANS. I r"s'
PRICE .. s3s 6d 33s 60, 23s Id 33s 4d 46s Od 50004
The Duties on Foreign Grain are now suspended.

ROLLS' COLTRT.—(THIS DAY.)
IN RE BIRMINGHAM AND BOSTON RAILWAY COMPANY.'
This was a petition presented on the part of the
company under the Act 7th and Bth of Victoria, and
praying for a variation in an order of the Court, to
the effect that an ordinary notice of the winding UP
of the affairs of the company might be substituted for
advertisement in the Gazette and the• newspapers
the several counties in which the shareholders resided.f
Mr. HAwxEs, who appeared in ,support of the
petition, stated that the expense of advertisement is
the Gazette alone would be 3001.
His LORDSHIP thought that this was a trifling ex:
pense to be complained of by a company with a capita'
of 1,000,0001. and 50,000 shareholders.
Mr. HAWILES said that he was instructed that the
expense of all the advertisements would amount W
3,000/.