The Sun.
London, England, 1847-10-09 00:00:00

for the exercise of the discretion permitted to the
judge to award costs against a complainant, that this
was a proper one ; but it appears that it was peremp-
torily refused, and that the party who established
the justice of his defence was obliged to submit to
the expenses of his journey, and the loss of his time,
without any satisfaction whatsoever.
Now, we conceive that everything in the shape
of an unfounded claim should be discountenanced in
every possible manner. If a person is compelled to
have recourse to a court of justice, in order to recover
a just debt, it is but reasonable and proper that he
should receive not only the debt itself, but also the
costs and expenses to which he may be sub-
jected in establishing his claim, and they
are therefore invariably adjudged to him.
It is still more essential that he should
be kept free from loss if dragged into court as a de-
fendant. One of the chief evils of cheap law is, that
it holds out a great encouragement to speculative
demands, which the makers, although well aware that
they could not recover, if resisted, still put forward,
hoping that the absence of the party may enable
them to get a judgment. It might be cheaper
to submit to pay a small sum than to encounter the
annoyance and inconvenience of attending to contest
it. In fact, the 79th section, to which our corre-
spondent alludes, was chiefly directed against such
persons, for it says, not merely costs that might
be supposed to relate to the sum he was out
of pocket, but costs and satisfaction for his
trouble and attendance, and it may fairly be
assumed that the intention of the Legislature
was to give compensation in every such instance for
loss of time, and every contingent expense or annoy-
ance ; the general rule is laid down in the 88th sec-
tion, which enacts " that in default of any special
direction the costs shall abide the event of the
action," and this is the just and equitable view of the
subject.

The objection that the defendant did not ap-
pear by counsel or attorney, and therefore had no
locus standi or claim for costs, appears very un-
tenable, inasmuch as the statute expressly discoun-
tenances the employment of such parties where the
demand does not amount to five pounds, it being
provided by the 91st section, that " the expense of
employing a barrister or attorney, either by plaintiff
or defendant, shall not be allowed on taxation of
costs, in the case of a plaintiff when less than 201.
is recovered, or in the case of a defendant when less
than 51. is claimed." The Act, therefore, manifestly
contemplates the giving of costs, where neither bar-
rister or attorney is engaged.

A letter from Berne of the ad says—
" The following is new intelligence which I can
guarantee to you relative to the visit of Lord Minto
to the President of the Vorort. It appears that the
British Government, not being able to reconcile the
reports which it receives at present from Mr. Peel, re-
ports in which the situation of Switzerland is appre-
ciated differently to those which were transmitted to
it by his predecessor, Mr. Morier, a diplomatist of a
narrow mind, who saw only by the eye of a Conser-
vative mummies like himself, desired that a member of
the Cabinet itself should inquire into the real state of
things. Lord Minto has now been put into possession
of proper information, and having carried away with
him the best opinion of liberal Switzerland, has, it is
said, written in that sense to Lord Palmerston. M.
Ochsenbein has not allowed him to remain ignorant
that in the present crisis influential deputies bad
interposed to engage the minority to be a little more
tractable, but that all that could tend to a reconcilia-
tion and to mutual concessions has been disdainfully
rejected by the League, which had not affected arro-
gant pretensions, but because it reckoned, in case of
conflict, on the support of Austria. The Yorort re-
ceived to-day the important news that the Grand
Council of Schaffhausen, which had not previously
pronounced on the measures of execution to be
adopted in the question of the Sonderbund, and in
that of the Jesuits, has just voted almost unanimously
instructions analogous to those of Zurich, and is
equally preparing to place its military force in a state
to answer any eventual call of the Diet. Whilst
Schaffhausen was completing its instructions for its
deputies, the Grand Council of Outer- Appenzell,
which contains a population six times greater than
that of Inner-Appenzell (favourable to the League),
has at last pronounced for the immediate employment
and energetic measures against the Sonderbund, and
the Landrath has voted the credits necessary to com-
plete the military force."

Tranquillity having been perfectly re-established
in Gallicia, the Austrian Government has given orders
to place the troops there on a peace establishment.
It is stated in a letter from Lemberg, in Gallicia,
dated the 28th ult., and published in the Augsburg
Gazette, that the cholera had reached Jassy, and that
a sanitary cordon was about to be established on the
Austrian frontier.

A letter from Rome of the 28th ult. announces the
recal of the French Ambassador, Count Rossi, whose
attempts at betraying the cause of Italian indepen-
dence have drawn upon him well-merited rebuke from
the POPE. The letter says—
"M. Rossi is recalled. It appears that M. de
Broglie is come directed by the Ministry to recom-
mend him to apply for an unlimited leave of absence.
His position at Rome has become completely a false
one. The Pope has distinctly forbidden M. Rossi to
interfere in the affair of Ferrara, assuring him that
he knew how to manage it himself. His Holiness, in
fact, wrote a letter to the Emperor of Austria, in
which, after saying that he would use every pacific
means to induce him to withdraw his troops, he
added, that if he were not successful, he must have
recourse to that measure of excommunication which
is placed in his hands as head of the Church."
The Felsineo of Bologna of the 30th says—

" We have heard from an authentic source that
England has communicated a note to the Pontifical
Court, in which she applauds the Pope for his reforms
and the liberal institutions he has bestowed on his
people. She declares, moreover, that she will not in
any case suffer foreign intervention, and that she will,
if necessary, defend the independence of the Pontifical
dominions and of the other Italian states, provided no
alteration be made in the territorial limits of those
different states. England, however, recognises the
right`of the latter to form alliances among themselves
for their mutual defence ; but she gives to the word
place, applied to Ferrara in the 103 d article of the
Treaty of Vienna, a meaning which would justify the
occupation of the citadel and town by the Austrians."
Madrid journals of the 2d have arrived.

The Gageta publishes the following letter, addressed
by the Minister of Finance to the Director-General
of the Public Debt, on the subject of the coupons of
the public debt, which should have been paid by
REID, IRVING, and Co. :

" I have laid before her Majesty the report drawn
up by you in consequence of the suspension of pay-
ment by the house of Reid, Irving and Co., of Lon-
don, who were charged by the Spanish Government
with the payment of the interest of the Three per Cent.
The President of the Finance Committe
demands in thatdocument if he is to pay the coupons
of the half-yeardue which had not been paid by the
house in question.
" Her Majesty has had laid before her the opinion
of lawyers and persons acquainted with the commer-
cial laws of England, which is, that the Spanish Go-
vernment having forwarded in due time to the said
house the funds necessary for the payment, and the
fact of the intended payment having been duly an-
nounced, those parties who delayed to apply for such
payment have no right to claim it, and the Spanish
Government are not bound to pay a second time the
funds which were forwarded in due and proper time
to their accredited agents.
" Nevertheless, her Majesty, in conformity to the
advice of the said committee, and wishing to uphold
the faith of the Spanish nation from the slightest sus-
picion, has ordered the payments of those coupons
which it shall be duly proved have not been already
paid by the house of Reid, Irving, and Co."
The Gaceta then publishes a list of sums paid by
REID, IRVING, and Co., signed by that house.
The Carlists in Catalonia are making great progress.
On the night of the 28th they took Berga, a fortified
town of Upper Catalonia, by escalade. They re-
mained in possession of the place six hours, arid car-
ried off all the public funds, together with three rich
householders, for whose release they demand heavy
ransoms. The Carlists were commanded by the
Cabecilla CASTELLS, who the evening before en-
ticed the garrison of Berga to a distance, by making
a demonstration with 200 men, commanded by
BooutcA, on the side of Castellar de Nuch ; he thus
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MADRID BOUM, OCT. 2.... The Three per Cents.