The Sun.
London, England, 1840-11-09 00:00:00

BAIL COURT.-(THIS DAY.)

(Before Mr. Justice PATTESON.)
BURLING U. PATTESON.
This vvas an action of trovcr for the purpose ; f tr 3
the validity of a bill of sale, given to the defendant by a
person who had subsequently become bankrupt, and had
afterwards taken the benefit of the Insolvent Debtors'
Act. The Jury found for the defendant.
Mr. RYLEY this morning applied for a rule nisi, calling
on the defendant to show cause way the verdict should not
be set aside and a new trial had, on the ground of the ver-
dict being contr to evidence, and also on the ground of
Surprise.
The affiJa‘its having been read,
Mr. Juitice PATTESON granted a rule nisi.
IN TILL; MATTER OF THE CHARTER-PARTY f.,F TILE SHIP

RUBICON,
Sir F. POLLOCK applied for a rule to show cause why
the award of certain lay arbitrators should not be set aside
on the grcund that they had put a perverse and illegal
construction upon a written instrument. On the 17i h
January, 1839, Messrs. Raylegit and Son chartered the
ship Rubicon to proceed directly to Odessa after she should
have discharged her cargo at Alexandria ; instead of pro
cccding direct to Odessa, she was put up at Alexandria
as a general vessel for Constantinople, took a cargo tw
that place, discharged it, and in con.equence did not
arrive at Odessa until the 24th of May. The char_
terer cemi,:aincd of this as a breach of the charter-
party. The matter was referred to lay arbitrators, who
decided that the charter-party had been broken. at,d ve,
awarded damages to the amount of 4471. 2s. 3d. against the
charterers because the ship had gone to Odessa. Now he
applied to have this award stat aside, inasmuch they has
done that which they had no right to do, put a construction
upon a legal document contrary to its clear and legal con-
struction, after having beer, warned on the subject.
Mr. Justice PwTFESON said he would take time to con-
sider this decision.

COMMON PLEAS.-(THIS DAY.)

(Sittiligs In Banco.)
7,IAGNAT V. KNIGHT.

The plaintiff, brother Of Mr. Alderman Magnay,
brought this action to recover 1701., the alleged
balaute of his salary for troo, years, as a travel!er
and clerk to the defendant, who is an eminent
publisher. The difference was that the plaintiff had ro-
ecived salary at the rate of 1001. a year, which was ail
that he had a right to claim. Mr. Alderman Niagnay,
stated, on the trial, that the defendant engaged, through
him, his brother Frederick Magnay, at the salary
of 250/. a year. The witness himself was at the time no-
minally partner with the defendant, having advanced
10,0001. of the plaintiff's money, o❑ the condition that he
should be at liberty to withdraw from the partnership when-
ever he pleased, and to substitute his brother in his place. In
the agreement for the partnership it was stipulated that
the plaintiff should be employed in the concern as an or-
dinary clerk; unti', he should be of age, and thereby qua.
idled to become a partner. Mr. Alderman Magnay also
swore that he received no interest on his money, nor any
share of the profit, during the time the plaintiff was in the
employment of Knight. He withdrew the money before
his brother left Knight's service. For the defence evidence
was given to show that the plaintiff was employed as an
ordinary traveller, and that the usual remuneration
for such service in the trade was 100/. a-year. The
Jury, however, on the evidence of Mr. Alderman
Magnay, found for the plaintiff in the whole amount.
Mr. Hill for the defendant obtained a rule nisi first
for a nonsuit, on the ground that the engagement ut
plaintiff having taken place upon the agrement for the
partnership, that document should be produced, and being
unstarnped, it was invalid ; and secondly, for a nets
trial, on the ground of surprisal, Mr. Alderman Magnay's
evidence having gone to the Jary uncontradicted, although
proof
was afterwards discovered that the Alderman had
stated untruly that he received no interest for his brother's
capital from the defendant, ror profit in the business.
The SOLICITOR- GENERAL showed cause against the rule,
And contended that the production of the agreement of
partnership was not necessary to the plaintiff's case, and
that the evidence of Mr. Alderman Magna), was not dis-
paraged by his forgetting a part, which took place four
years ago, and was not material to the case.
Mr. HILL, replied, but the Caurt held that the verdict
was good, and di*charged the rule. •
lIAY V. ROSH.

This was an action for false imprisonment, the defend-
ant having wrongfully taken the plaintiff into custody upon
a charge of horse-stealing. For the plaintiff it was proved
that he was arrested by the defendant, at threct fair, and
taken in custody to the Compter in London, under circum-
stances of great exposure, and so tightly handcuffed that
his wrists bled. The ground of action was that the warrant
upon which the defendant acted was not issued against
the plaintiff.—The verdict was for the plaintiff, 301.
Air. Sergeant BoMrAS obtained a rule for a nonsuit on
the
,ground that the plaintiff was the person intended in
the warrant, although be was wrongly named therein.

NIONEY and COMMERCIAL NEWS.

CITY, TWELVE O'CLOCK.

The Lisbon mail has arrived by the Iberia ; sailed from
Gibraltar 29th Oct., Cadiz 30th, Lisbon 2,1 inst., and
Vigo 4th inst. The weather being boisterous, sho did not
communicate with Oporto.
The only, news of consequence by the above mail is, that
the relations between Portugal and Spain are in a very
critical state at present, and it was expected that a consi-
derable Spanish force would have ere this approached the
frontiers of Portugal. We refer our readers for further
particulars to another part of the paper. Ten thousand
pounds have been remitted by the Portuguese Government,
by the above mail, to its financial agent in London, towards
the payment of the half dividend of the bondholders. This
sum, together with what has been sent by the last packets.
makes up 40,0001. remitted for that purpose. The Linnet
packet has arrived from the West Indies; sailed from
Barbadocs 15th Sept., Tobago 16th Sept., Trinidad 230
Sept., Grenada 25th Sept., St. Kitt's 28th Sept., Tor-
tola 29th Sept., St. Thomas Ist Oct., Cape Henri 7th Oct.
We have received Jamaica papers to the 2d Oct.
The emigrants from Barbadocs, and other islands of
British Guiana, have apparently become tired of their new
abode, and are returning in numbers to their former homes.
The Pandora packet, in twenty-seven days from Falmouth,
on the 30th ult., got aground on the Christ Cnurch coast,
a little above Pisten's Town, Barbadocs. There was a
dead calm at the time, and the vessel making little head-
way. She was aground ten hours, but was got off by the
steamer Kite, after having removed her guns, masts, and
baggage" A slight shock of an earthquake was felt in this
city yesterday morning.
We have received Launceston Papers to the 18th June.
It appears that the revenue was in a prosperous state, the
surplus on the last quarter being 2,000/. in favour of the
Government.
Port Philip papers of the 4th of May, have been re-
ceived. The following arc extracts :
" The blacks seem here, as in Sydney, to be getting
more and more audacious in their assaults upon the set-
tlers. It appears they arc not only provided with mus-
kets and fowling-pieces, but with powder and ball. On
the 4th of May, bread rose in Melbourne to 2s. 31. the
four pound loaf, but flour remained at 651. to 701. per ton,
fine, and 50/. to 601. for seconds."
The Barque Diana, arrived from New Zealand ( Bay of
Islands), left the 17th of April, by which we have received
the following intelligence :—T e Buffalo had arrived with
the troops, &c. sent from Sydney, and proved a valuable
acquisition, as before her arrival fears were entertained of
an insurrection amongst the natives, which was supposed
to have been instigated by certain worthless Europeans op-
posed to the establishment of the British Government.
When the Diana left all fears on this score had subsided.

Demerara Papers to the 20th of September contain no
news of consequence.
BOURSE OF AMSTERDAM, Nov. 6.—A tendency of de-
cline which bas prevailed for several days past in our
National Funds, caused a reaction in the funds on the first
news of a fall et Paris, which took place this day the
fall at Paris, and the fear of seeing M. Thiers
President of the Chambers, caused several sales, with
a fall in the prices. The Foreign Funds followed the
same way as those of the National. Prices from Amster-
dam of the 6th November—Two-and-a-Half per Cents.
421 ; Fiva per Cents. NI.