The Sun.
London, England, 1841-08-04 00:00:00

ROLLS COURT-(THIS DA

IN RE SMITH.
At the sitting of the Court this morning, the its the
of the Rous gave judgment upon the petition,
above case. He said the petition was presente°,, and it,
Husband, a solicitor, in practice in Devonpcoir`
3111
prayed that the respondent be ordered to -connr
ect-
deeds and papers belonging to the petitioner, or acted as
ed with causes in. which the respondent had ason ;
agent for the petitioner, to Messrs. Bourdillion and sou
of
that he might be ordered to deliver his further. L
ac,,
costs ; that an account might be taken of the e 01.1,24
cioBu3n3t,
andbt 1 between
;thtehaptairttbieesreinferthreedyteoatrhs
the
respondent's bill of costs from 1835 to the present
ime
and to take an account for the purpose of
uP
the cash account during that period. It further praYeu,.
that the Master should be directed to tax the bill, e°`
according to the usual mode, but that he should take
notice of a special agreement between the parties, by whirl
it was alleged by the petitioner, the respondent had agreed
el3ao; tel :Master ol ati
that in all causes in which the petitioner was personally
interested, and in causes wherein he (the petitioner)
failed, and did not obtain the costs, he should only Kt
the costs actually out of pocket ; and lie further pre."l-7
that the taxation might be had without the paYment.,°4
the money into Court. With respect to the agreeTL_
it was distinctly sworn to by the petitioner, and ainion
~.,„
tinctly denied by the respondent ; but he was °f7„, un-
derstood the evidence did not show that it was 5° . •
by both parties as set out by the
even had it been fully proved, he did not think the
had jurisdiction upon a petition to compel
spr
,Le.
performance ; all that he could do was to ordem
taxation to proceed under the general rules of the C,,n,
A special agreement could only be established unu .
formal proceeding, instituted for the purpose. He
not order an account to be taken in order to as Jerts.!...
the general cash account ; he could do no more than ti
rect the Master to ascertain what was due lois"
unpaid. Certain frauds were alleged against the re:,
spondent by the petitioner, in having charged sums
as having been paid to Counsel which had not been 013-
bursed, and in some cases charging more than had ae",
petitteoi_icort—irt
tually been paid. He did not think it necessary t°
into details on that part of the case. However,
thought the conduct of the respondent had been such, P;
shewn by admission and evidence, as to destroy thsci
confidence which ought to exist between a principal
an agent ; he would therefore order, to prevent 10:,
being an obstacle to the petitioner's carrying on the OD;
and causes in which he was engaged, that he deliver eve,
to Messrs. Bourdillion and Son, if the petitioner i.she"
it, all papers belonging to Mr. Husband, they giv.tv
.ig
undertaking to re-deliver them to the respondent. sbOU ‘t:
the Court so order. With respect to the party lent °
money into Court previous to taxation, he was of or,
nion that the petitioner must pay into Court th,,._t sum
1,0001., and give an undertaking to pay suet,. further
sum as might be found due. Had tirj petia°ll
been confined to the mere taxation &I'd delivery
up of the papers, he would have given costs against the
respondent ; but as so much irrevelant scatter had bee4ll,
introduced, and as there would consequently be so much'
difficulty in apportioning the costs, he would give n°ll—
could not allow such a case to go out of Court,
without remarking upon a very loose practice laicil
seemed to have grown up in the dealings between court"'
sel and solicitors. It appeared that now counsel were,
the habit Of receiving a sum upon a general accoult;
He thought that a very bad practice, and as it gave feet'
lities for much fraud, he hoped in future the old 011'
would prevail, and that counsel would receive only al)e
cific sums for specific business ; there would then at ta't
times be the sigaature of the counsel for such speeifi°
sums? which must tend to prevent any fraud.
BA

NKRU PTCY-(TI-1 IS DAY.)
IN THE MATTER OF JOHN F. HARRISON.

This day being appointed for the audit under the fist,.
Mr. WATSON, Solicitor, informed the Learned Cora":
missioner that there were certain law costs incurred 01,11 i
behalf of the petitioning creditor, amounting to 201., to
a further amount of 401., due for the Assignees,
..„14
account of which he felt bound to apply to the Court u"
its assistance.

Sir C. WILLIAMS said he should take care that tlis
claim should be first attended to, the more so as thrjre
were now proceedings pending in Chancery concern:Log
certain documents of the bankrupt.
Mr. Watson then applied to have a weekly allows -net!
of 31. 10s. made to the bankrupt, as he considered that
the available assets of the estate would be c^n3ider..ible,
and he had a family of four children.
Sir C. 'WILLIAMS said the value of those ass&A 111 d
not yet been proved, and until they were, the amount
allowed to the bankrupt would be rather a difficult point
to decide. Upon the whole he should take farther time
for consideration.

SPORTING INTELLIGENCE.
(RECEIVED THIS DAY.)
POTTERY RACES.—TuEspsy.
The Champagne Stakes of 20 sovs. each, h.ft., 50 added.
T.Y.C.

Colonel Anson's Attila ....
Mr. Osborne's Gipsy Queen. ..................
Mr. Ricardo nd M ............
arion ..................................
The following also started, but were not placed
Mr. Prince's Valentina ; Lord Dorchester's c. by Rc>ck'
ingham, out of Purity; and Mr. Co eland's .Comberme_::
The Borough Cup of 1001., added to a Handicap of 24-7
sows. each, 10 ft., and 5 only if declared, Sce.; the 5`2"
cond saves his stake. Mile and a half.
Mr. Bower's Lady Grove, 4 yrs (Francis) 1
Mr. Price's Tilly, 4 yrs ........................................
2
The following were not placed :—Bellona, 6 yrs ;
tentate, aged ; and Sir Mark, 5 yrs.
The Borough Members' Plate of 501. Heats, once round

,(Holmes) 2

and a distance.
Mr. Morris's Fat Jack, aged
Mr. H. Manus's, 4 yrs
Mr. Clarke's b. g. by the Earl
Mr. Thompson's b. f. by the Mole, 3 (Marlow)yrs

THE WEATHER.—NooN, AUGUST 4.
ROYAL GALLERY OF SCIENCE, ADELAIDE-STI;EET'
Barometer
Thermometer... 67 I Highest 7l 1 Lowest ... ...... b 5 '
Wind N.E.—Freezing Point 32 Deg.

NEWCASTLE AND NORTH SHIELDS 11:4TL-
WAY.—The passengers on the 18th instant amounted to
7,400 ; and en the 25th the number was nearly us large.