The Sun.
London, England, 1847-01-14 00:00:00

KEEPERS

This was an action brought by Mr. Lane, a medical
practitioner, against the defendant, for a trespass. In
1844, the plaintiff rented the first floor of a house in
Westminster, and with the permission of the tenant of
the premises, he put up a brass plate on the front door.
Shortly after this, the premises were let to the defendant,
but before his term for the occupancy of the rooms had
ended• On the defendant taking possession of the
premises, on the 12th of May, and when
the plaintiff was absent, the defendant removed
his brass plate, and occupied his rooms. When
the plaintiff returned, the defendant resisted
his entrance, alleging that he had not taken the rooms
from him, and should not therefore be allowed to con-
tinue. Plaintiff brought his action and recovered da-
mages, 301. In Trinity term last Mr. Sergeant Byles
obtained a rale to set aside the verdict.
Mr. Sergeant Wilkins was to-day heard against the
rule, and Mr. Sergeant Byles in reply.
Lord Chief Justice WILDE said the rule had been
moved for on two grounds—first, that in relation to the
alleged trespass there was no evidence adduced on the
trial to sustain the verdict of the jury. Now, on this
point, it had been proved on trial that the
plaintiff took the rooms from a previous tenant
fur a certain period, and that the defendant
came into possession of the premises before
that term had expired. It had also been shown that
when the plaintiff came in, one day before the expiration
of the said term, he found the defendant occupying his
rooms, who told him he had no longer possession, and
refused him admission. In his (the Lord Chief Justice's)
opinion, therefore, the evidence of trespass was of such
a character as to warrant the verdict which bad been
given, that on this head the rule should be discharged.
With regard to the other point, in which it was con-
tended that the brass plate was attached to the
premises, and not in possession of the plain-
tiff, he must say he could not view the matter
in that light. The door-plate was the chattel of the
plaintiff, and must follow the right of property, as it
did not appear that the defendant had fixed the plate,
while there was every ground for supposing that the
plate was fixed on the door by the plaintiff, to remain
there so long as he occupied the lodgings. Ou this
ground also he considered the rule must be discharged.
The rest of their Lordships concurred, and the rule
was accordingly discharged.
PATER V. BALER.—THE METROPOLITAN IMPROVEMENT

ACT.
This was an action brought by Mr. Pater, a solicitor
residing in Agar-town, parish of at. Pancras, against
Mr. Baker, the district surveyor, under the Metropolitan
Building Act, for dander of title. A gr, at portion of
Agar-town was built by Mr. Agar, to whom the de
fendant is agent ; and in the course of last year
the latter advertised the carcases of several houses
for sale, by Mr. Kennedy, an auctioneer. On the
day of the sale, and before the sale had commenced, the
defendant went into the auctioneer's room, and said he
did not come there as a buyer, but to state to purchasers,
if there were any such there, that he would not allow
the houses to be finished till the roads were made good.
He could not compel the making of the road, but he had
the power to stop the finishing of the buildings. Subse-
quently the buildings and the roads were referred to the
consideration of the official referees, who decided
that the road-way was wide enough to comply with the
provisions of the Act, only that it was in a very rough
and unfinished state. An action was then brought for
slander of title, and a verdict ob'ained for the plaintiff.
In last term Mr. Sergeant Chaunell moved for a rule to
set aside the verdict, on the ground that that there
was no evidence of malice on the part of the
plaintiff, and that the defendant was acting
under the authority of the Act in the step he
had taken ; also that there was a material variance be-
tween the declaration and the evidence on which the
verdict was given.
Mr. KEATING and Mr. DOWDSWELL were heard
against the rule, maintaining that, though the Act gave
the district surveyor a right of inspection and of reporting
to the official referees, it did not authorise defendant to
use the words he had used on the day of sale.

Mr. sergeant Channtll and Mr. Sergeant Byles re.
plied at length.
The Court took time to consider.

SECONDARIES' COURT, Jan. 13.
There was only one undefended case tried to-day.

COURT OF BAAKIWPCY, Jan. 13.
CHAMBERS AND CHAMBERS.

To-day was appointed fur an audit under the estate of
these bankrupts, who, it will be recollected, were bankers
in Bond-street.
In the course of the proceedings, which were of no
general interest,
Mr. Espin, the solicitor to the assignees, called his
Honour's attention to the case, observing that a dividend
meeting will be held on the 19th inst., but as the com-
mission of bankruptcy was issued twenty years ago, it
was very probable that it would escape the notice of many
of the creditors who had nut proved. The dividend
which would be declared on the 19th would not be the
last, but unless the whole of the debts were then proved
it would not be probable that sufficient assets would be
left to pay on the next occasion.
The Learned CO2‘IMISSIONER asked whether the meet-
ing had not been advertised.
Mr. Espin said it had, but his object in addressing his
Honour was in the hope that his observations would find
for after so great a lapse
lookgo:tors i
after the estate. The
total debts were 240,0001., of which under 220,0001. were
othfetiirm waye
c reidnittoorts heronr newspapers
proved.
The COMNISTIONER asked what dividend bad been
paid in ?
Mr. Espin said 9s. The next dividend would be 45.,
and there would be a final dividend of 3s. in the pound
from funds arising from the Chancery suit in respect to
the Opera House, Sze.
His HONOUR said it certainly was a very old commis-
sion, but no doubt it would reach the ears of those cre-
ditors who were alive that the concern was at last to be
wound up.
IN BE JAMESON.
This insolvent, who is a lieutenant in the navy, came
up for his final examination.
Mr. Sturgeon appeared to support the application, and
Mr. Hughes to oppose, on the ground that there had
been an excessive expenditure. It appeared, however,
from the explanation of the bankrupt, that he had taken
a house in order to establish Mrs. Jackson as the
governess of a boarding-school, but they had not been
long in before a dispute arose between the person whom
they took the house from and another party
as to the title, and the latter broke into the
house by force and took Possession, conse
quently the scholars had to be sent home.
and the business was broken up. The loss to insolvent
was very severe, as be held a situation on a railway,
which be was fearful of losing, but had not this affair
happened, he stood a great chance of promotion ix his
profession as well as on the railroad.
The Learned Commissioner considered this a com-
plete answer to the opposition. and asked the insolvent
what he could propose to pay ?
The insolvent said his prospects were very bad at per-
sent—it was impossible to say whether he would be re
tained on the railroad.
Mr. HUGHES asked for an adjournment for twelve
months, the insolvent then to snake a payment according
to his means.
Mr. STURGEON objected. The insolvent had friends
to assist him in his promotion, but an adjournment for
twelve months would carry a bad impression with it.
The CGDIMISSIONER—He will have his protection all
the time, and I state publicly there is no imputation on
his character. There is no appearance of fraud; it is
entirely ill luck, and he has been brought into the diffi-
culty by unforeseen, end as far as he is concerned, un-
avoidable circumstances.
Mr. HUGHES said he himself felt the same as his
Honour, but his client urged him to press for 901. a
Year, and then the opposition to the final order would
be withdrawn.
Mr. STURGEON said it was quite preposterous to ask
for the whole of a lieutenant's half-PaY-
The CommissioNEß—How can he live ? I have de-
cided the matter, and if any person is desirous of int,r-
feting with the public time unnecessarily, counsel ought
not to lend themselves to assist. If an adjournment is
asked it may he had on payment of costs by the creditor.
Adjourned fur twelve months.

MIDDLESEX SESSIONS.
Considerable delay and inconvenience was caused in
Court yesterday morning, owing to the absence of the pro-
secutors and principal witnesses in several of the cases
first called on, no less than three prisoners against whom
indictments fur felony had been found having been dis-
charged for want of evidence.
The ASSISTANT-JuncE commented strongly on the
neglect, and ordered the recognizances of all the parties
absent to be entreated.
Ellen Smith was indicted for stealing a purse contain-
ing the sum of 41. 10s., the property of George Roe,
from his person.
The prisoner, who was well-known as a daring street
robber, was found Guilty, and the Assistant Judge sen-
tenced her to six months' imprisonment with hard
labour, telling her at her next visit she should be sen-
tenced to transportation.
Martha Southall was indicted for stealing a pair of
shoes aad a pair of boots, the property of Edwin Gate-