The Sun.
London, England, 1840-11-05 00:00:00

LIE SUN, LONDON, TITURSDAY, NOVEMBER .5, 1840.

CHANCERY COURT-(THIS DAY.)

SWAIN V. PRATT—JUDGMENT.
The LORD CHANCELLOR gave judgment this morning in
this case, which was argued before his Lordship some time
since upon exceptions to the Master's report. The prin-
cipal question raised upon these exceptions was as to the
amount the personal representatives of the testator should
be charged with on account of the stock and property of
the testator on his tarn at the time of his decease. The
Master, by his report, had charged them with 3,0001.,
when, by the exceptions, they asserted they ought
to have been charged with only 1,500/. It ap-
peared that one of tha representatives of the tes-
tator was allowed to enter into the possession of the
farm at a valuation, instead of that property being sold
and turned into personal estate. It was alleged that the
valuation was inadequate, and a bill wss filed, and a decree
made in the year 1835, by which it was refeircd to the
Maser to ascertain the amount to be paid by the person.:l
representative. The Master made his report, finding that
3 000/. was the proper amount, and from that report the
present exceptions were taken. Ills Lordship was clearly
of opinion.that tho Master had come to a right conclusion,
and ordered all the exceptions to be overiulei. The
Court also directed the case to stand on the paper upon
further directions on Tuesday next.

MAUND V. ALLIES.

The LORD CHANCELLOR also gave judgment in this
case, the only point in which was whether partnership
accounts which had been settled should be opened or. the
ground of error. His Lordship was of opinion that the
plaintiff had entirely failed in making out a case for open-
ing the accounts, and dismissed the bill with costs.

TILE ATTORNEY-GENERAL V. TILE IRONMONGLRC COMPANY.

Mr. COOPER stated that his Lordship had been good
enough on the first day of the term, to order the case
to stand in the paper for Monday next, in order to give
an or portunity to Sir William Follett to attend. The
Learned Gentleman had, however, since that day been
informed that it was not likely Sir William Follett would
be able to attend on that day, as he had been detained at
Boulogne in consequence of the illness of some members of
his family ; he had therefore to ask that the case might
stand over generally.
The Loh') CHANCELLOR-Let it stand over till Sir
William Follett comes to town.

cer, and not, like the Sheriff in a County Court, a merely
ministerial officer, was not responsible for the niableas ince
of the other two defendants, who were bailiffs of the Court,
employed to execute the Writ of the Court,—Rule nisi
granted.

AYLMER V CUTHBERT.
In this action, which was for goods sold and delivered,
a verdict was given for the plaintiff on three pleas in the
amount of 28/ , but for the defendant on the fourth plea,
which was the set off of a judgment debt of 581.
Mr. Sergeant CIIANNELL now obtained a rule to enter
upon the portion that the 28/ found for the plaintiff should
be deducted from the judgment.

MOPSAY V. COLEMAN.
The defendant was surety to a charter party for a mer-
chant named Gillis, who freighted a ship, the Asia, be-
longing to the plaintiff, to the
East In the charter-
party it wa, covenanted that Gillisshould insure the ship,
&positing the policy with plaintiff, and repair all damages
of the voyage out and borne. Ou the voyage home, the
Asia received some damage in Table Bay, the estimated
amount of which, upon her return to London, was paid to
plaintiff, under the policy. In the subsequent progress of
the repairs, it was found that the F bip 71v, an rotten in her
timbers throughout, that situ: would nut be rendered era.
worthy by the mere repair of t lie injury sustained in Table
Bay, and that a complete repair would cost more than
when repaired the would be worth. The repairs were ac-
cordingly abandoned, the vessel was broken up, and the
materials were sold. The plaintiff brought his action to
recover front the surety, the difference between the sum
paid by the underwriters to the policy of insurance on ac-
count of the damage sustained on the voyage, and the
estimated amount of that damage. The Jury found fcr
the plaintiff 1,2001._

Mr. Sergeant CHANNELL now moved for a rulo to set
aside the verdict, on the grounds, first, that the verdict
was against evidence, the interruption of the repairs having
been caused by the plaintiff himself; and secondly, that
the damages were excessive.
The COURT considered the case so novel and important
as to deserve a re-consideration, and the rule nisi was
granted.

NEWBOLD v,
Mr. Sergeant BomPA, obtained a rule nisi to compel
,he defendant, a solicitor, to deliver in a bill of costs, in
order to be taxed, and to pay over the balance of monies
belongin4 to plaintiff. The complaints of his client bore,
upon the exparte statement, a grave appearance, it be-
ing alleged, amongst other things, that the defendant
having received from Newbold the money (601.), to sa-
tisfy a judgment, instead of so applying the money put
in bail, and ultimately allowed his client to be taken in
execution.

BAIL COURT..DAY.)

(Before Mr. Justice PATTESON.)
THE MATTER OF TILE GLOUCESTER AND BIRMINGHAM

RAILWAY COMPANY,
Application was made to the Court this morning on
behalf of the Gloucester and Birmingham Railway Com-
pany for an extension of the time fcr the purpose of making
a return to a writ of mandamus, on the ground that Sir
William Follett, who was engaged in this cause, was un-
avoidably absent.
Mr. Justice PATTESON granted a further extension of
the time for ten days.

CRIMINAL INFORMATION.
Mr. JAMES applied to the Court for a rule calling upon
a gentleman, vvho.e name at the present stage of the pro-
ceedings wed not be mentioned, to show cause why a
criminal information should not be Sled against him. He
made this application at the suit of Mr. Dickinson, an at-
torney of the Court, and the facts of the case, as set forth
in the affidavits, were as follow :—Mr. Dickenson and this
gentleman both occupied chambers in the same set of
buildings in Lincoln's-inn. Mr. Dickenson had occasion
to be absent for about a year, and during that time the
gentleman against whom this application was made was in
the habit of receiving money on Mr. Dickenson's account.
In August an application was made to him for the money
that he had received on account of Mr. Dickenson. It
appeared that Mr. Dickenson's clerk had been in the
habit of occasionally receiving money• from the gentleman
in qu,stion, and of handing over to him the money received
at the oflice ; and in November last an account was
handed in, by which it appeared that a balance of 21. 4s.
51d. was due to Mr. Dickenson, and the affidavit stated
that on looking over the account Mr. Dickenson disco-
vered that there were various errors, and fictitious charges
and overcharges in the account, and that there was really
due to him a balance of upwards of 50/. The gentleman
in question continued to receive money from the time the
account was furnished up to the month of July last, and
Mr. Dickerson, believing that he bad a large balance
due to him, had repeatedly applied for a state-
ment of accounts, but without effect. On the 31st
of August last, he received a letter, in the hand..
writing of the gentleman alluded to, to which he would
hereafter refer, and which furnished the ground for the
present application. In September last, Mr. Dickenson
had requested his brother-in-law, Mr. G. Henley, to call
upon the gentlemen, and ask him to come to a settlement,
upon which the party applied to stated that he would fur-
nish no account whatever, and that unless all further
claims, and a sum of 2001. be paid to him, he would ruin,
annihilate, and utterly destroy Mr. Dickenson. Mr.
Henley stated that en Saturday last the gentleman had
called at his residence and asked for Mr. Dickenson, and
stated that he would have immediate tatisfaction, and that
he had frequently made use of threats, tending to provoke
a breach of the peace. The letter alluded to was as

follows:
" Base and unprincipled Jas I have sometimes known
you to be, whose career of perjury, gross immoral conduct,
and many years' villainy, would make the most abandoned
and black profligate I have ever known blush when placed
at the side of yours, and this I deliberately assert."
The letter then, after referring to other things, went on
thus: .. You have dared a secret assassin-like
attack," that attack he presumed to have allusion to pro-
ceedings threatened to recover the amount due from the
party, " upon me, but thank God it failed; and in return
under Divine Providence, I now hold, and intend to keep
you tied hand and foot, upon the funeral pile,—the lighted
torch and steel arc uplifted. Move not another muscle',
and whilst I apply the former I bury the latter at once to
the hilt in your already naked breast."
lie therefore applied for a rule to show cause why a cri-
minal information should not be filed against this gentle-
man for the libel contained in the letter. Mr. Dickenson,
in his affidavit, positively denied all the charges contained
in the letter, and the gravamen of those charges was in-
creased, by the fact, that Mr. Dickenson was an attorney,
and one of the officers of the Court.
Mr. Justice PATTESON—Take a rule.
sieenews V. THE EL3IIOI. OF DURHAM.
This was a case tried before the Sheriff of Middlesex
thaomount due for sundry erticles of
Bishop's
Tshoen ,a d
ef e
oboo et
defence was,
wa s DoFh. a
tßu
the
t-
fl
corr,
s groceryr
se cc
iol
suppliedov
oe
lr
,in ga t
t Shrewsbury,it' oe
articles could not be considered necessaries, and that they
had been supplied contrary to the prohibition of Dr. But-
ler,
Aesiirarrhen..
drde.Lj
necessarieswuwEs•sAitbti
ichui or Shrewsbury
1 taatlr ipTei
psTflkflo.,i
uesrnocdoaiNsi
fs
_b.
efl
fools
ycoTlaigsharetcua„
sssl
tec,d,oneetdapttkbfioieeserceehptoochnoresl
defendant.
ver-
dict, as contrary to law and evidence.
tig,noooi Theo2os liud.
pts4o:cifsorlyetultb!
odfoaoyssunisi
contrary to the direct prohibition of the master, they must
take the consequences —Application refused.
CLARKS V. MORRELL AND OTHERS.
In this action, which was tried at Guildford before Lord
Abinger, the plaintiff, Dr. Clarke, Professor of Chemistry
in the University of Abereeen, obtained a verdict—damages
4541. IN., against the defendants, vitriol manufacturers, for
breach of contract. The plaintiff was engaged for a term of
five years to superintend the process of making vitriol in their
manufactory for a certain remuneration, of which 4001. was
to be paid upon the completion of the first vitriol chamber,
(or oven) en Dr. Cla:le's improved plan, and under his
superintendence.
Mr. Sergeant Luneow this day moved for a rule to show
cause why a nonsuit should not be entered on the ground
that the declaration did not set forth the conditions of the
contract sufficiently for issue to be joined, inasmuch as it
did not State that Dr. Clark conditioned to give his whole
attention to the works of the defendants for six weeks in
each year, and to confine the benefit of his dis-
coveries in the making of oil of vitriol exclusively
to their advantage for the stipulated term of fi
. , -ye years, By
that omission the' defendants were precluded from proving
that they had not had hi these respects the advantages co-
venanted for in the contract. Lit did not appear in the
Learned Sergeant's argument le what way the differences
between the parties arose.]
The_ declaration, to be per-
fect, should have set forth that he had given the whole
time required to the works, and had not communicated his.
secret to other manufacturers.
The COURT were of opinion that no condition
of which it was imperative obnco the plaintiff, the ful-
filment on his part,
hadthe nomitted from the
recital of the agreement in declaration, Jr
-• was there
set forth that the agreement was made upon certain re-
cited conditions "amongst others," these words compre-
hending sufficiently the matters alleged to be defective.
The introduction of the two separate agreements of the
• attention, and the exclusive •
Doctor's entire a communica-
tion material t
tion of his secret—were
ngrounds l', 0 the defendants'
answers, but were ratheroiff
'r
a cross-action by
contract i
them against the plai t
h Jett .n these respects
to t e.---leule refused.
had not been fulfilled . ,
ONWHIN V. LEAPER.
. action for money had and received, in 1
This was an a received, in
obtained a verdict '
which the plaintiff
at
Guildhall, i in 50/., before the
Lord Chief Justice,
~,,_
Michaelmas, 1839. .11e plaintiff had commenced an
defendant from a certain
action to eject the called
e at Cogshall, Essex ; and h holdinga
" Chaseway,
the pleint'ff t t defendant
having ascertained that
Act. i had committed an
offence against the
Turnpike his own
whereby he was liable
ing hired horse and cart to do
to penalties, in hav
roads
of which
work upon the .
of he was a trustee,
ice an action to be
served him with net
the Act
brought by him
informer under Act infringed. To prevent
(Leaprr) as
atened, Onvvh el
the action thus thre , e consented to aban-
on his action of ejectn..r t,toand
to release
the defendant 501. for
his costs in that "6°1% to the t him in respect to
the Chaseway, except
suS:c. It waseservation of a right of
way to himself, heirs,
circumstances the present action was
paid under those
brought. me molud to set '
Mr. THESIGER n- aside the verdict, on
plaintiff
the grounds that as the
de ite and defendant were in
part delicto, as reer_.
.. compromise of the misde-
meanour against tic d Act, la as there was
der that
no action commence
under
Act, there was no co-
ercion, and further, that yn was shown to have little
confidence in his
"r'
right
in the
, action of ejectment, and
to apprehend
that be would h in the event to pay
Leaper's costs. see__eeeeereeeeuaeseeee.._______

EXCHEQUER OC URT-THIS DAY.

tried before Lord Abingcr at the
• .
- cutusTr V. TANCRED, FINLAY, AND OTHERS.
Mr. etiourEtt moved for a rule nisi for a new trial in
thiscase,sittings
in whichL Oit d'soans after last term, when a verdict was
found for the plaintiff, damages 105/, From the state-
ment a tho Learned Counsel it appeared that the defend-
i

ants were Directors of the Trades' Union Bank, and in
June, 1838, they entered into an agreement to rent a
house of the plaintiff, for the purposes of the bank, for one
year certain ; and in the memorandum of agreement, the
parties, if within one month of the expiration of the
tcnantcy they applied for a lease, it was to be granted.
In the meantime Tancred left the t.ireetion in January
1839, and Finlay in March. After the 2411 of May the
solicitor for the bank applied to plaintiff's solicitor to know
whether 111 r. Christy would have any objection to allow
them to hold the premises for another year. After some
time he said he would, but the parties then said the answer
had been delayed so long, that they bad almost concluded
an agreement for other premises, but they would have no
objection to take them for one quarter; and the solicitor,
on making the application, said there were new Directors,
and i:herefere the names in the agreement autst be altered.
Nothing was a:i,l, and they held the prcuti3es till the Sep-
tember of 1839, for which use and cccupation the plaintiff
sued, not the peroona actually in possession for the
i quar-
ter, but those persons whose names appeared n the
original agreement. lie contended that the agreement
being for one year certain, actually terminated on the 24th
June, 1839, and that the further possession was under the
between the plaintiff and the ne7; Directors.
The COURT were unsiihnou.:4 of opinion that the o'ore-
tion was invalid. The poEsession from June to September
v.-a: a mere holding over. The negotiation went for no-
thing, because the landlord did not enter into any new
agreement, but merely said he would sec about it.—Rule
refused.

PEACE Olt WAR,-MEETING AT

MANCHESTER.

(BY EXPRESS.)
On Wednesday evening (last night) a most important
meeting was held in Manchester, the object of which was
to give expression to public opinion on the now existiug
state of this country, and its relations with France.
The meeting was called by the following advertisement,
which appeared in all the Manchester papers of the pre-
ceding Saturday :—" We, the undersigned, respectfully
invite a public meeting of the friends of peace, to be held
in the Town hall, King-street, on Wednesday next,
the 4th of November, at six o'clock in the evening, for
the purpose of giving expression to an opinion favourable
to the preservation of peace at the present crisis." Then
follow the names of upwards of sixty gentlemen of diffe-
, rent shades and degrees of politics and opinions, including
Whig, Tory, and Radical. By six o'clock the large room
was well filled with a very respectable auditory, amengst
whom there were a rarge number of workinr, men. David
Ainsworth, Esq., the newly elected Boroughreeve, having
led to toe chair, he brietry opened the proceedings.
Over the Chairman was placed, in very large characters, a
,tatistical table, in which was enumerated the number of
lives lost in British werfare since the year 1688. This
t tble also gave the price of bread at each period, likewise the
amount of the national debt. From this table it appeared
that the total number of human beings sacrificed by these
united wars amounted to the enormous number of upwards
of 4,000,000.
The CnaIRMAN said he had, in common with his fellow
officers, agreed to grant the use of that room, and occupy
the chair on that occasion, on the express condition that
all party politics should be avoided, both by the speakers
and the wording of the resolutions that would be brought '
under consideration. He was, therefore, anxious that
these conditions should be strictly complied with, and that
the proceedings would go off with unanimity.
Mr. BENJAMIN PEARSON, a member of the Society of
Friends moved the first resolution :
" That this meeting is strongly impressed with the
manifold blessings enjoyed by the nations of Europe,
through the long prevalence of general peace; during
which the prejudices and antipathies engendered by former
wars have been materially softened by friendly intercom se,
and the people of this and other countries have found lei-
sure for achieving triumphs in the arts of peace, Of far
greater importance to the true and lasting glory of man-
kind than the perishable glories of war."
There could not, he believed, be but one opinion upon the
resolution and the object it was intended to effect.--
(Hear.) The blessings which this country had de-
rived from a long peace were so manifest to all,
that it did not need -the force of eloquence to convince
the people of this country of the absolute necessity of con-
tinuing it. It was, indeed, delightful to observe the im-
mense benefits which had been derived from a long peace,
and he hoped the people of this country, as well as the
people of France, would unite in one bond to preserve
a peace which conferred so many benefits upon them
bath.—(Hear, hear.) War was in itself so terrific, and
so opposed to the religion of Christ, that he could not
conceive what class of Christians could either sanction or
countenance such devastating practicer. He feered there
were still some parties who believed they would be bene-
fited by a war between this country and France, but he
was perfectly satisfied that no one would be benefited by
it, and it was the object of that meeting to show the
world that the whole human race would be benefited by

the maintenance of peace.
Mr. ISAAC CRUDSON, also a member of the Friends' So-
ciety, seconded the resolution which was about to be put to
the meeting, when an operative named Curran made an
attempt to divide the meeting by moving an amendment.
Curran addressed the meeting for some time in support
of his motion, which was afterwards seconded by another
Chartist in a speech of great length. The Chairman,
however, refused to put the amendment, and the original
motion was carried.
RICHARD COBDEN, Esq., moved the adoption of the se-
cond resolution :
" That this meeting would deplore as one of the greatest
calamities that could befal mankind a rupture of the friendly
relations which hare for a quarter of a century existed be-
tween France and England, with so much advantage to
the interests of both nations, and of the civilized world.
Convincedt that if the feelings and wishes of the people of
th
e two countries be consulted. as they ought to he, they
will equally revolt at the unchristian attempt to involve
them in th.,,,rirnt-s and horrors of war, this meeting calls
upon their fellow-countrymen to co-operate with them in
Offering such an expression of opinion as shall be favourable
to the preservation of peace at the present crisis."
Ile ( Mr. Cobden) was sorry that any difference of opi-
nion should exist upon this question, for it was a ques-
tion that materially effected every person, whether rich
or pool ; he hoped, however, that the resolution which
he had the pleasure to propose to them would meet
their entire concurrence. On the subject of peace and
war Mr. Cobden observed that it was the policy of all
good government to discountenance war in every shape.
Thus the democratic Government of America preserve
peace with all the nations of the earth, and what has
been the consequence, why, that while our trade has been
diminishing their's have been daily increasing. That Go-
vernment have wisely kept up a good understanding with
the whole world while England has la,en continually em-
broiled in warfare, whether it may have been in Spain, Egypt
or China, and the consequence was, as he before stated,
her trade has gone down, whilst that of America has advanced
at least 25 per cent. This fact he thought was a lessor,
for Englishmen, which he hoped they would take, and
unite their efforts to promote peace with all the nations
of the earth.
The Rev. Mr. M‘Kannow, minister of the Scotch
Church, seconded the resolution in a speech of consider-
able warmth, in the caurse of which he pointed out the
un-Christian and un- Scriptural practices of warfare.
The iesoultion was supported by a Mr. Caairrirra.,
after which another attempt was made by the Char-
tists to move an amendment, but on tic Chairman
promising to grant them the use of the room
after the business of the meeting had been gone
through, they withdrew further opposition, and the busi-
ness was proceeded with. The resolution was then put
and carried.
J. B. SMITH, Esq., President of the Manchester Cham-
ber of Commerce proposed the next resolution :
That at the present juncture reserve and apathy
would a culpable neglect of duty, and therefore this meet-
ing agrees to the following address to the French nation,
confident that it will be accepted by a great end generous
people in that spirit of frankness in which it has ori-
ginated :
'Fne Address of the inhabitants of Manchester. friends of
peace, assembled in public meeiing, to the French nation.
Friends aad Allies—Ten years ago, upon the occasion
of a portentous crisis in your hisiory, the inhabitants of
Manchester deputed a body of their citizens to convey their
sympathies to the inhabitants of Paris. Since that time,
has anything occurred to lessen our solicitude for the wel-
fare of your great nation ? On the contrary, every suc-
ceeding year has taught us to value more dearly a friend-
ship which, we believe, affords the best guarantee fur the
peace of Europe.
\Ve should deplore as one of the greatest calamities
that could befal mankind, any interruption of the amity
which has now for a quarter of a century existed between
us, and with so much advantage to the interests of both
nations. We trust that these views arc shared by the
great body of the French people, who will unite with us in
considering as the enemies of the human race all those
who may endeavour to involve the two countries in the
crimes and horrors of war.
Frenchmen—The prowess of your nation is established
by the common consent of mankind. Fame has placed
your people in the highest rank for bravery and fortitude.
If military renown were worthy of a nation's ambition,
your fathers have left you nothing to gain in the pursuit of
martial glory. To every generation is afforded a field of
greatness—ours is the age of improvement. Signalise your-
selves, then, in the arts of peace, they are infinitely mote
beneficial than the arts of war, and to excel in them is far
more glorious. To subject nations to the permanent in-
fluence of your beautiful language, your science and phi.
losophy, would be achieving far nobler and more lasting
triumphs than arc to be found amongst the perishable tro-
phies of war.
Friends and Allies—We are the advocates of a perfect
freedom of commerce between all the nations of the
world, and believe that war or conquests ran confer no
benefit upon any people. We call on you then to unite
with us in the use of every honourable means to pre-
serve peace and friendship between France and England,
upon w hose alliance so greatly depends not only the peace
and improvement of Europe, but the liberty and happi-
ness of the whole family of man.
C. J. DYER, Esq., seconded the adoption of the ad-
dress amidst much interruption, after is loch it was put to
the meeting and carried.
JOHN BRooKS, EN., late boroughgreeve of Manchestr.
moved a vote of thanks to the boroughgreevc and constable
for granting the use of the room, and to the boroughgreeve
for presiding, and the business of the meeting terminated.
The business of the meeting thus ended, the Chartists
were left in the uninterrupted possession of the room,
The
whereupon Jsseph Linney was called on to preside.
meeting was then addressed by Messrs. Sillman, Camp-
bell, Carty, Curran, Warren, and several others, ande
th
following resolutions unanimously passed :
" Ist. That in the opinion of this meeting, the present
condition of the working classes of great Britain and Ire..
land demands the most serious attention of rev h
who
wish to see the Pvaacc, happiness, and prosperity of our
common country permanently establishes
both at home and
abroad ; and this meeting cannot refrain from expressing
its decided conviction (founded upon past experience)
that nothing can produce so desirable a state of improve.