The Sun.
London, England, 1847-03-25 00:00:00

FRENCH.

Virginie (flag) ...
Uraaie (pendant) ...
Meurthe ... ...
Heroine ••• ...
Ariadne ... ...

345

--------
Rhin ... ••• ••• ••• ••• 24
Somme ••• ••• 20

Fortune ...
Lampior6 ... ... ...
Sarcelle ... ...
Phaeton ... ... ...

AMERICAN.

Columbus (pendant)
Independence
Congress
Savannah

Cyane ... ...
Saratoga ...
Portsmouth ...

Warren ...
Dale ...
Shark
Relief ...
Erie . .

276

••• ••• 90
••• ... 54
...
••• 50
*. • ... 50

370
The above does not include troop, store, surveying, or
other partially armed vessels, to the best of our belief;
nor does it include the French 46 met by the Talbot at
Rio, going out to Otaheite with the new Governor.

PROFESSIONAL ATTENDANCE IN TKE NEW COUNTY
CGURTS.—There appears to exist some misunderstand-
ing as to the attendance of professional men in the new
county courts. They complain that the fees allowed to
be charged are too insignificant for them to appear in a
cause. The fees allowed are certainly of a very limited
character, and it will become a question for future con-
sideration whether, a graduated scale would not have
been more expedient, in order to induce respectable
men to practise in courts whose jurisdiction extends to
20L Persons who are sued for 181. and 201. will re-
quire assistance to get up their defences, and some one
to address a jury on their behalf. By the 91st section
of the County Courts Act, it is provided that no person
shall be entitled to appear for any other party in any
proceeding in any of the said courts unless he be an at-
torney of one of her Majesty's superior courts of record,
or a barrister-at-law instructed by such attorney on be
half of the party or by leave of the judge, or any other
person allowed by the judge to appear instead of such
party, but no barrister, attorney, or other person, except
by leave of the judge, shall be entitled to be heard to
argue any question as counsel for any other person in
any proceeding in any court holden under this Act, and
no person not being an attorney admitted to one of her
Majesty's superior courts of record shall be entitled to
have or recover any sum of money, for appearing or act
ing on behalf of any other person in the said court, and
no attorney shall be entitled to have or recover therefor
any sum of money unless the debt or damage claimed
shall be more than 405., or to have or recover more than
10i. for his fees and costs unless the debt or damage
claimed shall be more than SL, or more than 15s. in any
case within the summary jurisdiction given by this Act,
and in no case shall any fee exceeding 1L 3s. 6d. be
allowed for employing a barrister as counsel in the cause,
and the expense of employing a barrister or an attorney
either by plaintiff or defendant shall not be allowed on
taxation of costs in the case of a plaintiff where less than
5L is recovered, or in the case of a defendant where less
than 51. is claimed, or in any ease unless by order of the
judge. Each judge has exclusive jurisdiction in his
court to allow an advocate or not, and to make an allow-
ance for assistance rendered, as also to admit or exclude
a class of men called " agents," who practise as attorneys
without the necessary qualification.

FOREIGN POTATOES.—The latest arrivals of po-
tatoes from various foreign countries have included the
followingi—The Ma7net, from Harlingen, brought 13
baskets; the Sarnia, from Jersey, 20 tons' weight; the
Eclipse, from Madeira, four barrels; the Countess of
Lonsdale, from Hamburgh, 4 barrels; the Flora, from
Leghorn, 3 casks; the Favourite, from Cadiz, 12i tons
weight; the City of London, from Rotterdam, 20 bas-
kets; the Hama, from Malaga, 25 mats; the City of
Rotterdam, from Harlingen, 40 baskets and 29 bags;
the Saruh Sands, from New York, 90 barrels; the Eight
Sons, from Halifax, Nova Scotia, 5 bags; the Jacobus
Begeman, from Harlingen 35 tons weight; and the
Olympe, from Bordeaux, 350 bags of the article, the
produce of France. This list comprises the arrivals
during the past week at the ports of London and Liver-
pool, and presents many features of interest, not so much
on account of its extent, as for the variety of places
from which the supplies took place, in some instances
for the first time, including some from Holland, Jersey,
Madeira, Hamburg, Italy, Cadiz, Malaga, the United
Stites, Nova Scotia, and France. These supplies, the
produce of different foreign countries, vary as to their
degrees of quality and adaptation for seed purposes, but
it is understood that all of them, to a greater or lesser
extent, are of very fair, and in many cases excellent
quality. The principal shops in Covent-garden and
other of the large markets of the metropolis, having the
name of the producing country appended to the dif-
ferent parcels exposed for show, present a very remark •
able appearance, and one which until lately was not the
COAL

A WORKHOUSE CENTENARIAN.—Died, on Tuesday,
March 16th, at the Cheltenham Union Vorkhouse, Mrs.
Sarah Bradatock, aged 105 years and nine months, and
for upwards of forty-seven years an inmate of the estab-
lishment. In chronicling this event we cannot confine
ourselves to a mere record of the fact that the " oldest
inhabitant " has thus passed away from amongst us, but
as her death was attended with circutnstances alike
honourable to all parties, we make no apology for intro-
ducing them to the notice of our readers. Mrs. Brad-
stock has been well known to the visitors of the Chel-
tenham Workhouse for many years past, her amiability
of disposition and good conduct having procured for her
the respect of all who knew her history. She was a
woman of great activity and industry, of cheerful and
unrepinieg disposition, and, it is believed, of sincere piety.
She was, up to nearly the time of her death, always the
first in chapel for morning prayers, and although retir-
ing early to rest, she never did so until after evening
prayers were concluded. She was married in early life,
and had one daughter. Her faculties were good almost to
the last, and her death did not arise from any particular
disease, but from a gradual and imperceptible decay of
naturo: 11,,r end was peace. The funeral, which took
place on Saturday, was attended by a large number of
persons. It had been decided that she should not be
buried in " the poor ground," but a spot in the new
burial ground was selected for her, the churchwardens
kindly foregoing the fees on the occasion. Through the
exertions of Mr. Belcher, and Mr. and Mrs. Porter, the
master and matron of the union, the ceremony of inter-
ment was very respectfully conducted. The body was
neatly clad in grave's clothes, and strewn with herbs
and flowers. The coffin was covered with a handsome
pall, and Mr. and Mrs. Po: ter (in deep mourning), Mr.
J. N. Belcher, and Mr. C. Wilson (two mem-
bers of the board of guardians), and a number of
the inmates of the house, accompanied the remains to
its last resting place. To mark his respect for the de-
ceased, as well as to commemorate the circumstance of
hert. great age, Mr. Belcher has commenced a subscrip-
iiton for the erection of a headstone over the grave, and
is understood that the Rev. F. Close, the menu:bent
of the parish, will foregot,, the customary fees for its erec
tion.—cheitenham
EFFECTS oP ItAirmAierelir. ON THE LONDON FISH
MARRET.—Tuseda
2teoronoon upwards of 200 pads of
mackerel, containing 00fish, caught at Plymouth,
219 miles from the metropolis,te were brought into Bil-
lingsgate-market throughmedium of the Great
' Western Railway. The sudden glut so reducing the
price of these fish that the retail dealers were able to
sell thorn at six and sight fora shilling,

LAW INTELLIGENCE.
,VICE'-CHANCERY COURT, March 23.
(I:Wore Sir J. K. BRUCE.)
CUTTS V. )DELL.—GREAT LEEDS AND LONDON DIRECT

RAILWAY.
The bill in this case was filed by Mr. John Cutts, of
Bardfield, nett.- Braintree, in Essex, one of the pro-
visional commit We, against Mr. John Reginald Riddell,
Mr. Yrederick Polhill, and others of the provisional
committee of the above-mentioned company, and Mr.
Charles Banker. agent for advertisements, and a creditor
of the company, praying an injunction against the pro-
secution of ant, 'ell" at law.
The papers are extremely
voluminous, but
the facts appear to be these :—ln Sep-
tember, 1845, the . railway was projected, and a Parlia-
mentary contract a.nd subscribers' agreement were pre-
pared, the capital pro,nosed to be raised being 2,500,0001.
in 100,000 shares of 2.6. r each, with an intended deposit
of 21. 12s 6d. per share. The plaintiff applied for shares
in the company, the deposit money upon which, accord-
ing to the arrangentenX hereafter referred to, would
amount to 754 The sum received for deposits was only
29,640/. 13s.—a sum insufficient to pay the preliminary
expenses of surveys, and to obtain the Act of Parliameut,
and therefore a meeting of shareholders determined to
abandon the scheme, and that it. 10s. per share should
be returned to the deposjtors. A committee appointed
for the purpose made agreements with several creditors
who accepted less than their demands, and among them
Mr. Barker, the advertising agent, who claimed 3,0431.
4s. 6d., but agreed to accept 2,7501. It was pro •
posed also that those of the provisional committee-
men who had not paid the deposits on their
shares should be called upon to pay 10i. per
share. Mr. Barker's claim was adjusted by the commit-
tee for winding up the affairs, and on the 17tk of
February, 1846. be signed a memorandum in the follow-
ing words:—" Memorandum, that in consideration of my
claim upon the Great Leeds and London Direct Railway
having been this day adjusted at the sum of 2,750!. in
full satisfaction of all demands, and of the sum of 1,0004,
part thereof, having this day been paid to me, I hereby
authorise and empower the committee of management of
the said committee of the said company to use my name
in any action or actions they may think proper to insti-
tute against any member or members of the provisional
committee for the recovery of the remaining 1,7501, or
any part thereof, it being fully understood and agreed
that the said balance of 1,750!. shall be paid to me within
' six calendar months from this date, and that I shall be
fully indemnified from all costs and charges whatsoever
which may be occasioned by the use of my name in any
action or actions which may be instituted under this
authority." Upon the signature of this paper Mr. Batty,
the solicitor of the company, addressed a letter to Mr.
Cutts, requiring him to pay 10s. per share on his allotted
shares, as a provisional committeeman, amounting to
751; but that sum was not paid, and an action was
brought against him, at the suit of Mr. Barker, in the
Exchequer, to recover the balance of 1,750/., to which
he plea ed, and the bill was filedcto restrain further pro-
ceedings. It appears that since the memorandum was
signed Mr. Barker had been paid 1,000!., leaving the
ultimate balance due to him only 750/. The ground set
up by the bill was, that as the defendanU, the provisional
committeemen, have still in their hands a large sum of
money, not less than 33,0001., applicable to the payment
of the debts of the company, they had no right to use the
name of Barker by way of forcing from the plaintiff the
amount which they claimed from him, he denying his
liability to that individual.
Mr. BACON and Mr. HEATRFIELD appeared to show
cause against dissolving the common injunction which
had been obtained, and insisted that the plaintiff, Mr.
Cutts, was not liable to pay a sum due to Mr. Barker, or
at all events, not so liable so long as the defendants, the
provisional committeemen, had a sum of money in their
hands applicable to the payment of the debts due from
the company. For anything the Court could know from
the record before it, Mr. Cutts did not owe a shilling,

and the Court would not permit an action to go on,
Barker's name being used as a mere pretext for screw-
ing out of the plaintiff a sum of money to pay which
they already possesed ample means. The use of Mr.
Barker's name was a mere pretext to get from Mr. Cutts
the 103. per share which the defendants said he ought
to contribute. The whole was an improper use of the
name of one of the creditors of the company, and the in-
junction against the action ought to be continued.
Mr. SWANSTON and Mr. MALINs, for the defendants,
observed, that as many of the defendants had paid
21. 12s. 6d. deposit and only had back 11. 103., they
had in fact contributed towards the expenses 11. 2s. fiti.
per share, while all they required of the plaintiff, Mr.
Cutts, was the payment of 751., being at the rate of 10,.
per share only, and yet he refused to contribute that
small proportion, but called upon his co-provisional
committeemen to apply their own and others' money to
pay a debt which justly ought to be paid by Mr. Cutts
as well as them.
His HONOUR said he understood, that although the
action was brought ft .r a large sum, yet that all that was
really sought to be recovered from Mr. Cutts was 751.
Would the defendants be satisfied with that sum being
brought into Court?
Mr. SWANSTON said they would.
Mr. MALnis said that has been all that has been re-
quired. The defendants have over and over again
offered to indemnify Mr. Cutts against all liability on
the action beyond the sum of 751. if he would only
pay it.
Mr. BACON assented to bring the 751. into Court on or
before the 15th of April.
The order was then made fur the money to be brought
in, and that the injunction should be continued withuut
prejudice to any question in the cause.
Solicitors for the plaintiff—Messrs. Amory, Sewell,
and Moores. Solicitor fur the defendants—Mr. W.
Batty.