The Sun.
London, England, 1847-12-02 00:00:00

COMMON PLEAS.-(THIS DAY.)
(Sittings at Nisi Prius, before Mr. Justice CRESSWELIe
and a Special Jury.)
NEWTON V. LORD CONYNGIIAM.

Mr. HunsifteY.•ar d Ml.lTatierion—f(;---the plaintiff;
Mr. Sergeant Bytes and Mr. Bramwell for the de-
fendant.

This action was brought to recover from the de-
fendant, Lord Alfred Conyngham, the sum of 275/.,
being the amount of deposit paid by the plaintiff upon
100 shares in the Galway and Ennis Grand Junction
Railway, at the rate of 21. 15s. per share. His Lord•
ship was sued as one of the provisional committeemen
of that company. It appeared that the line
was projected in 1845, and that the sum
of 9,2531. 15s. was received by the directors
as deposits upon the shares allotted. The directors stated
that the project was supported by nearly all
the land-
owners in the district, and by some of the most influential
railway companies in England, and they held out con-
fidently to the shareholders the prospect that the pro-
ject would be proceeded with, and that an application
would be made to Parliament to sanction its construc-
tion. The necessary surveys were accordingly made,
and plans prepared, but the directors had neglected t 0
go to Parliament. The plaintiff now sought to have his
money returned out of the balance remaining in the
hands of the directors, which he submitted was amply
sufficient for the purpo'e, on the ground that they bad
failed to fulfil the promise held out to the shareholders.
The contract and subscribers' agreement were ten-
dered as evidence, but was objected to by Mr. Sergeant
Byles, and
The Learned JUDGE held the objection to be fatal.
At the conclusien of the plaintiff's case a number of
objections were taken by Mr. Sergeant Byles, the chief
of which were that the defendant was not proved to
have been a member of the company when the plaintiff
paid his deposit, and that there was no evidence of the
nature of the contract entered into when the deposit
was paid, and on which the present action was based.
Mr. Justice CRESWELL was of opinion that there
was no evidence to go to the jury in the present case.
It appeared that the plaintiff paid the money on 17th
September, 1845, upon some contract, the nature of
which did not appear in evidence. The jury could nOt.,
therefore, know upon what terms the plaintiff parted,
with his money without the subscribers' contract and
agreement.—Plaintiff accordingly nontuited.

SHERIFFS' COURT.-(THIS DAY•)

(Before Mr. Under.Sherifeßnacitzu.)
STEVENS V. POCOCK.
The plaintiff in this action is a builder at Gravesend.
Defendant is an attorney, and also the proprietor Of
marble works at Paddington. The action was brought
to recover the sum of 41. 45., stated in the particular@
to be the amount of an overcharge in an account en
which defendant had brought an action.
The defendant pleaded that he was only indebted ID
the amount of 11. 195., which he paid into court.
The facts were these. The marble works formerly
belonged to a person named Buddle, with whom the
plaintiff formerly dealt. In January of the present
year the defendant sent a circular to the plaintiff,
soliCit-
ing a continuance of orders, and one was given for.somn
chimney pieces. The invoice was made out "To red_ )4
201. 145.; cases, 41. 45.; carriage, 55.; discount, 12s. d.
On the part of the plaintiff it was urged that the trail"
action was to have been on the former terms of font
months' credit, bat at the expiration of a month all
action was commenced, and when the coats amounted to
71. Plaintiff paid the full amount, 321. 45. 4d., defendant
refusing to allow for the cases returned, or the disconliti.
to recover back which the present action was brought•_,
The UNDER-SIIERIFF said that as the plaintiff lieu
returned the goods he might have pleaded a set.off W
the amount of their value.
Mr. THOMAS, for the plaintiff, said that under the cit'
cumstances the safer plan was to pay all, as he bad as
unquestionable right to bring the present action.
The facts were then proved.
The defendant's attorney contended that the Ole"
must be nonsuited.
Mr. THOMAS argued that defendant had by his Pled
admitted the plaintiff's right of action.
The UNDER-SHERIFF Said he should let the case g?
to the jury, considering that under the plea
had admitted his liability for their value. the
The jury gave a verdict for 17s. over and above
1/. 19s. paid into Court.
moved for
to
An application was made for leavedefendanw
nonsuit.
The Learned UNDER-SHERIFF said he could net g.i7
leave, but he would retain the writ till next term, so tn
defendant might apply to the Court above.

_
MEETING OF MIDDLESEX
MAGISTRATES.—(THIS DAY.)
h as
This being what is termed " County Day," t-Vle., w
~.11
a very large attendance of magistrates for the emmy-
of the usual county business.
The Deputy Clerk of the Peace having reade
th
minutes of the last Court, and also brought up the re•
port of the Committee for Accounts and General Par'
poses which were received and adopted,
The report of the Committee appointed to superb',
tend the erection or providing of an additional pauper
lunatic asylum, and to execute a mortgage of the county
rates for the sum of 20,0001. for the providing such addi-
tional accommodation, was then read. It stated that Is
pursuance of advertisement, first inserted in July, they
had received several tenders, and they now had settled
upon ono received, advancing the money at the rate of
five per cent. per annum. The report was received and
adopted unanimously.
The report of the Visiting Justices of the House of
Correction, Coldbath-fields, was next received, and
adopted unanimously. It appeared from it that the
number of prisoners at present confined there was 1,010,
of whom 803 were males and 207 females, and 11 chil-
dren. Only one death had occurred since the last Coati
day, and the general health of the prisoners was good.
The Deputy Clerk of the Peace then read the reed
of the Visiting Justices of the House of Correcttoe.
Westminster, from which it appeared that the number
of prisoners confined were 779, of whom 207 fr
females and 572 males. It gave a most favourable ,
account of the state of the prisoners' health, and alsovL
the effects of the system of moral and religious training
adopted there.

SPORTING INTELLIGENCE.
THE ROYAL LEAMINGTON AND WARWICK
STEEPLECHASES.--WEDNESDAT.
Match, 500 sous., p.p. Three miles.
Captain Alleyne's The Nigger, Est ••• (Tasker) 1
The Grand Open Stoe
Mr. Isaac Day's Columbus, 9st ••• —• ... 2
Betting-6 to 4on The Nigger. Won in a cantor.
each, 15 ft, and 5 ft only if declarod, with 100 added;
the second to save his stake. Four wiles. 07 sub,
16 of whom declared.)
Stoeplechas© Handicap of 25 yore.
Captain W. Peel's Chandler, I Ist 21b (Captain Little) 1
Mr. J. S. Moseley's Richard the First, 10st 121 b ...
••• 3
Captain Barnett's Boxkecper, lOst 21b •••
The following also started, but were not placed:— .r.
Mr. James Mason na St. Leger, 12st 41b ••• ••• „it'
Lord Strathmore's The Switcher, list 131 b... ••• 0"
Mr. Joseph Anderson's Profligate, Ilst ••• ••• „
Mr. J. Elmore's Young Lottery, lOst 121 b ... ••• "n
Mr. R. T. Moore's St. Ruth, lOst 101 b ••• ••• 0"
Mr. J. Elmore's Alice Grey, lOst 81b... ••• •••
Mr. W. H. Johnstone's King of the Valley, lOst 2lb 0
Mr. W. Taylor na Standard Guard, lOst 2lb ••• 0
Mr. Wortley's Sparta, 9st 121 b •.• ••• 0
••• n
Sir H. Bruce's Evergreen, 9st 121 b ••• •• ••• 0
Mr. C. C. Brooke's The Eagle, 9st 101 b • • ••• 0
•"
Mr. Douglas's Canary, 9st 101 b ••• ••• el
Mr. Smith's Pembroke, aged, 9st 71b... "• 0
•••
sir. J. Brown's Hip Briar, 9st 121 b •••1
ast •••St. Leger,
••• 0
Betting-6 to 1 agst Chandler, 7
tog
9 to 1 agst Richard the First, 9 to 1 agst Standard
Guard, 10 to 1 agst Latitat, 12 to 1 agst Profligate, and
15 to 1 agst Boxkeeper. Won by
two lengths.
The Professional Steeplechase Stakes of 3 sous. each,
and 20 added. Three miles. (10 Subs.)
Mr. Westley's Gayhurst, llst 71b ... (Archer) 1
Mr. Brown's Red Hawthorn, Ilst ... •.. ...
a
Mr. Powell's Slow-and-Sure, list ... •.• ...
The following also started:—
Eskrett's Sir William, lOst 71b ... .•
Danistoun's Old Dan Tucker, 103 t 71b •••
Smith's Unknown, 12st ... • • •••
Essex's Old Ned, lOstuk cb 71 ••• •••
-nel list Illb •••

0
•••
0
•••
0
•••
0
•••
0
•••
__. 0

Lord Strathmore's Ilameluke,
Mr. E. J. Davenport's Viscount, lOst 71b •••
Mr. Fowler's Beggarman, lOst 71b ..• •••
Betting-3 to 1 agst Gayhurst, 4to I agst
and 6 to 1 agst Slow-and-Sure. Won in a canter.
A Free Handicp of 5 Boys. each, and 40 added. T"
miles, over five hurdles. (16 Subs.)
Mr. J. Pearce's Jack, list 21b
Mr. Lambden'a Chance, lOst 12Ib ...................
Mr. W. H. Wilson nd Valeria, lOst 121 b .......... ••••.,a;
The following also started, but were Rot Placed
the
W. Loarmouth's Cavendish, I Ist 71b—Baron
child's The Hack, list—Lord Strathmore's Red Lase,e'
lost 121b—Mr. B. Tomlin nd The Pony, lOst 7lb—'ll.l;
Parkyn's Wilford, lOst 71b—Mr. J. Elmore 's Britls
Yeoman, lOst 21b—Mr. Simpson's Amazon, 4 yrs, 9t
121b—Captain Allen nd Leo, 9st 121b—Mr. Barton
bl g by Valentine out of the Nab, 4 yrs, 9st 41b.--"
cleveNErly.
WMARKET COURSING MEEETING.

WEDNESDAY.
The Puppy Stakes—(Continued).
Mr. Purser's Picotee beat Mr. Vipan's Vista.
Mr. Villebois' Desperate beat Mr. Arabin's Amy.
Mr. Buckworth's Beatrice beat Mr. Miller's Midsummer'
First Ties.
Young Warrior bt Brides- Bad Rose beat GiddyrollP
maid. I CimierarLa beat EsparterO•
Pansey boat Beatrice.
The other tii
The All Aged St.
Wish-you-may-get-it boat
Rose de la Leine.
Lyme Regis beat Miles.
Fire-office bt Smuggler Bill.
Daisy bent Fancy Boy.

not run off.
kes—First Ties.
Cruiskeon beat Figaro.
Hotspur boat Girl agent.
Brutue beat Varopyre.
Twilight beat Merry 1•41°.

PORTSMOUTH, DEC. I.—DEATH OF RBAIVADIa.
RAL SHIRREFF.—The serious illness Of this officer
mentioned yesterday, but neither any memberOf hie
family, nor the medical officers who attended him, 1113:
e
terts.ined any immediate apprehension of his (i.& to
Yesterday the Admiralty telegraphed to know the
of his health, and the reply was that he was iroPrt:a.
but the Admiral soon becaine worse, and notwitA"s- ;
ing every means that was resorted to, exPire`'ffri-:
quarter after two o'clock this morning, from an elsni°ol:4l
of mucous on the chest. Admiral Shirreff onl7 Jr-, of
as superinvudent of Portsmouth Dockyard on tnelsthe
October last, and in that brief interval has gaineu
d
esteem and respect of all the officers and men wh bit;
occasion to communicate with him, and his short ilitiree;t
and unexpected death have consequently oast Sr
gloom over the establishment.