The Sun.
London, England, 1847-01-13 00:00:00

auctioneer residing in the City, and the defendant is a
chemist. Ir. July last the defendant wished to dispose
of some house property,. and he employed the plaintiff
to sell it, agreeing to give him 2 per cent. if the pur-
chase money exceeded 2,0004, and 12 per cent. for any
sum under that. 10/. was to be given for the sale, if the
plaintiff sold by means of advertisements, and 5/. if the
plaintiff succeeded in raising money by mort;;;ag,e on
some other property. Mr. Cotton contrived to
sell the property, which consisted of sixteen
small houses at Bermondsey, for 1,500/., and
an increased ground rent of 60L per annum
to a Mr. Cole, who wished to purchase such property.
He also succeeded in raising money on other property—
the deeds were prepared and the money ready, when the
defendant broke off the affair. Under these circum-
stances, the plaintiff sought' the sum of lA per cent. on
the 1,5001., and 51. for having performed his part of the
agreement with reference to the mortgage. It was the
fault of the defendant's own arrangements that the money
was not raised upon the remaining property.
Mr. Lust;, for the defence, urged that, according to
the evidence of Mr. Cole. who had seen the advertise •
ments inserted by Mr. Way, the purchase was brought
about by that means instead of the agency of the plaintiff,
who was, therefore. only entitled to the 101. agreed upon
in the event of a sale taking place under such circum-
stances. With regard to the sum of Si., it was clear
that Mr. Cotton was not entitled to it, as Mr. Way himself
sold the property without any intervention by the other
party. Under these circumstances he submitted to the
jury that the plaintiff. was not entitled to more than 10/.,
although Mr. Way, in order to avoid litigation, offered
to pay into Court the sum of 221. 10s.
The Learned JUDGE having summed up
The jury returned for the pla.lntiffDamages, 301. 10s.

COURT OF EXCHEQUER, Jan. 11.
ORMEROD t`. CHADWICK.
The LORD CHIEF BARON gave judgment in this case.
The question turned the interpretation to be given
to the word " door." The Court were unanimously of
opinion that it was the intention of the Legislature to
substitute for the old verbal parcchial notices during
the performance of divine worship, a public written and
more permanent notice, upon the doors of all churches
and chapels where divine worship was celebrated, and
the Court was of opinion that the door referred to in the
Act meant the principal, chief, or usual entrance to such
place of worship, and not to all the doors of the build-
ing. With respect to the objection urged before the
Court to the validity of the rate, in consequence of no
notice having been posted at the door of the church, the
Court was clearly of opinion that as no divine service
had been performed in that place for upwards of twelve
years, it was not such a building as referred to by
the Legislature in framing the Act, and that there-
fore there was no necessity for affixing any notice
to the doors of such building. The third point was
whether the warrant was informal in consequence of its
not containing r the evidence given upon oath before the
magistrate. The Court was of opinion that there was
no necessity for giving th,t evidence upon the warrant,
and that, therefore, upon all these grounds the Court
was of opinion that the defendant was entitled to a
verdict.

PILKINGTON V. COOK.

Mr. Baron PARKE gave judgment in this case. The
Court were of opinion that the Ist Victoria, c. 55, for
regulating the amount of remuneration to be paid to
sheriffs and their officers, and which repealed the sta-
tutes of Edward HI. and Henry I. upon this subject,
constituted an exception to the statute of Elizabeth, and
that therefore the declaration was good in law, and the
verdict should be for the plaintiff ; but that if the de-
fendant procured affidavits to show that nothing more
than the charges allowed by law had been made for the
levy, he should be at liberty to amend on payment of
th• costs.

PRICE V. PRICE.
Mr. Baron PARKE gave judgment in thiscase in favour
of the plaintiff

COURT OF COMMON PLEAS, Jsn. 11.

GREGORY V. THE DUKE OF BRUNSWICK AND ANOTHER.
In this case counsel moved for the interference of the
Court, either to stop the proceedings of a writ of error,
if ary such existed, or to allow execution against the
plaintiff to be commenced. In 1844 an action was
brotOit by Mr. Gregory against the Duke of Bruns
wick and another party, and the case was tried on the
20th of February, 1844, when a verdict was given for
the defendants. A writ of error was subsequently
issued from the Exchequer Chambers, which was tried
on the 4th of August, and the verdict again went for the
defendants. The plaintiff then took steps to carry the
case by a writ of error to the House of Lorde. Parlia-
ment was prorogued on the 28th of August following,
up to which time, from inquiries made by the defendants'
attorney, it was discontinued. No steps had been taken,
and no such writ had been issued, nor did the officers of
the Court of Chancery know anything whatever of the
matter. The Learned Gentleman, therefore, moved, on
affidavits setting forth these facts, that on account of
the informal proceedings of the plaintiff, the writ, if any
such had been issued, should be quashed, and that ex-
ecution against the plaintiff be allowed to proceed.
The LORD CHIEF JUSTICE said the Court had no
power to quash such a writ of error if it had been issued,
and if it had not, they were not in possession of sufficient
facts to warrant their ordering execution to proceed on
the verdicts previously obtainad.
The Learned Gentleman then withdrew his motion, in
order to bring it forward in another form.
POOLEY AND ANOTHER v. TUE DIRECTORS OF THE

WESTERN GAS COMPANY.

Mr. Sergeant CHANNEL moved for a rule nisi for a
new trial, on the ground of the improper admission of
evidence. The case was tried during the last Middlesex
sittings after term, before Mr. Justice Cresswell, and a
verdict given for the plaintiff for 221. 7s. 6d. The
action was brought by Messrs. Pooley and Son, weighing-
machine manufacturers, in Liverpool, against two direc-
tors of the London Western Gas Company, to recover
the value of a patent weighing machine, supplied to Mr.
Radley, a chemist, employed by the company to make a
series of experiments.
The defence was that Radley had no authority to
order the machine, neither had the secretary of the
company, who had guaranteed payment, any authority
for giving such guarantee.
The LORD CHIEF JUSTICE thought, in reviewing all
the facts of the case, that there was not sufficient reason
set forth for disturbing the verdict.—Application refused.
THE ECUADOR EXPEDITION.—SEWARD AND ANOTHER V.

"WRIGIIT.
Mr. Lusir moved for a rule to set aside an order made
in chambers by Mr. Justice Wightman, for holding the
defendant to bail, in an action of debt. The judge's
order was obtained on affidavits filed by the plaintiff,
which stated that the defendant, through one of his
agents, a Mr. Charity, had contracted with him for the
outfitting of two steam-vessels, repairing in the port of
London for an expedition to Spain. The amount of
debt thereby incurred was 2431., and the bail was sought
because it was alleged the defendant had no settled place
; that the vessel so outfitted
British Government, as being
engaged fur an illegal purpose,
against
the provisions
hofadrebsei(elneßscee in
iz
of the Foreign Enlistment Act, and in order to wage war
e dt hbi
ys c
tobuen t
Bry
against the Republic of Ecuador, and that he had ob-
tained a passport in order to leave this country for Spain
or South America. The two ships had been seized on
the 19th of December, since which one of them nad
been sold, and the other soon would be. In support of
the application now made to rescind the order, the de-
fendant replied that he never employed Charity as his
, agent.
'• that be had no passport, nor any intention of
leaving the country; that he was at present held in
bail in 4001. to meet a charge in a criminal court for the
infringement of the Foreign Enlistment Act ; and that
as this was one of four actions, amounting in
all to 2,1681, it would be impossible for him
to find bail for that sum. The defendant further
referred to several gentlemen of station in this country
in proof of this statement, he having held the post of
Consul-General for the state of Ecuador from 1837 to
1844, since which
time he had resided in this country,
and had2no intention of leaving it.
Eule nisi granted.

'MIDDLESEX SESSIONS.
The January Quarter-sessions for the county of Mid-
dlesex commenced yesterday morning at ten o'clocl:, be-
fore the Assistant-Judge and a full bench of Magi-
strates. The number of prisoners awaiting trial was
130, only thirteen of whom were misdemenants.
During the delivery of the charge to the grand jury
which was of the usual character, a document was read
from the chaplain of Westminster Bridewell, stating
that there were 138 boys, 38 adult male, and 39 femaleprisoners under instruction in the convict department of
the prison. Since the last report was submitted to the
visiting justices, 21 persons had been discharged, all of
whomerioa hadof imp
learned to
varying from two to six
read and write during a
p
months. It also went on to state that eight of those
prisoners had been admitted to asylums of reform upon
thosetheir dischargereferred to
froinm
formerprison reports under similar cir-
cumstances, and that they, as well as
cumstances, were evidences of the utility of the system
adopted.
James Hilmar was indicted for stealing a purse, con-
taining ten sovereigns and a quantity of silver, the pro-
perty of Henry Davis.
The prosecutor was in the Pantheon on Tuesday, the
22d ult., when, feeling a tug at his pocket, he turned
round, and saw the prisoner standing close to him in the
act of dropping the purse.
The jury at once returned a verdict of Guilty, and the
prisoner was sentenced to six months' imprisonment and
hard labour.

PEDESTRIANISM. T. HALL AND J. WOOD.—
These representatives of " the power of stride " in the
denizens of the eastern and western quarters of the
metropolis, Walked their match of seven miles on Mon-
day, at Gannick Corner near Barnet, for the stake of
25 sovs. a side. The men started from the 13th mile-
stone to the 14th, about three o'clock. Hall went off for
the first mile with the lead but we doubted whether his
condition was such as his friends could have wished, and
this was proved by the turn Of the second mile, where
Wood took a decided lead, from which Hall could never
afterwards displace him. The hilly road, with its hard,
frost-bound irregularities, also told on his speed, al-
though we are of opinion that he could not, even under
favourable circumstances, do more than stand an inferior
chance with Wood. Hall nevertheless, walked and
-
spurted gamely, often decreasing the 50 or GO yards to
as they toed,and- heeled it along. His chant:; was,
however, clearly out, and at the close Wood led in pret-
tily by 50 yards. Hall was evidently in difficulties from
the fourth mile, although he pulled through with spirit
till his final defeat. The time of the winner was Ih.
4m. Bsecs. There was a little betting at 5 to 4 upon
Wood ; rather, as it appeared to force the market in the
absence of legitimate speculation, than from any great
opinion of the safety of the investment. Indeed, the
current of the circulating medium, like the circulating
fluids, seemed " friz," as Mrs. Gamp expresses it.