The Sun.
London, England, 1847-12-02 00:00:00

COMMON PLEAS.—(THIS DAY.)
(Sittings at Nisi Prius, before Mr. Justice CRESS WELL

aid a Special Jury.)
NEWTON V. LORD CUNYNGHAM.

Mr. Ilunsfrey .and MiTii:iliertoiif;the plaintiff;
Mr. Sergeant Byles and Mr. Bramwell for the de-
fendant.
This action was brought to recover from the de-
fendant, Lord Alfred Conyngham, the sum of 2751.,
being the amount of deposit paid by the plaintiff upon
100 shares in the Galway and Ennis Grand Junction
Railway, at the rate of 21. 15s. per share. Ilis Lord-
ship was sued as one of the provisional committeemen
of that company. It appeared that the line
was projected in 1845, and that the sum
of 9,2531. 15s. was received by the directors
as deposits upon the shares allotted. The directors stated
that the project was supported by nearly all the land-
owners in the district, and by some of the most influential
railway companies in England, and they held out con-
fidently to the shareholders the prospect that the pro-
ject would be proceeded with, and that an application
would be made to Parliament to sanction its construc-
tion. The necessary surveys were accordingly made,
and plans prepared, but the directors had neglected to
go to Parliament. The plaintiff now sought to have his
money returned out of the balance remaining in the
hands of the directors, which he submitted was amply
sufficient for the purpose, on the ground that they had
failed to fulfil the promise held out to the shareholders.
The contract and subscribers' agreement were ten-
dered as evidence, but was objected to by Mr. Sergeant
Byles, and
The Learned JUDGE held the objection to be fatal.
At the conclusien of the plaintiff's case a number of_
objections were taken by Mr. Sergeant Byles, the chief
of which were that the defendant was not proved to
have been a member of the company when the plaintiff
paid his deposit, and that there was no evidence of the
nature of the contract entered into when the deposit
was paid, and on which the present action was based.
Mr. Justice CRESSWELL was of opinion that there
was no evidence to go to the jury in the present case.
It appeared that the plaintiff paid the money 00 1711 i
September, 1845, upon some contract, the nature 0
which did not appear in evidence. The jury could not:
therefore, know upon what terms the plaintiff parte?,
with his money without the subscribers' contract And

agreement.—Plaintiff accordingly nonsuited.

SHERIFFS' COURT.-(THIS DA
(Before Mr. Under-Sheriff BuncHELL.)

STEVENS v. PoCoCIE.
The plaintiff in this action is a builder at Gravesend.
Defendant is an attorney, and also the proprietor of
marble works at Paddington. The action was brought
to recover the sum of 4! 45., stated in the particulars
to be the amount of an overcharge in an account on
which defendant had brought an action.
The defendant pleaded that he was only indebted to
the amount of 11. 195., which he paid into court.
The facts were these. The marble works formerli
belonged to a person named Buddle, with whom tit!
plaintiff formerly dealt. In January of the preseett
.
year the defendant sent a circular to the plaintiff, 3°licis
ing a continuance of orders, and one was given for s°lldl._
chimney pieces. The invoice was made out "To gooi7
20/. 145.; cases, 41. 45.; carriage, 55.; discount, 123. ids,
On the part of the plaintiff it was urged that
of fount'
action was to have been on the former terms
months' credit, but at the expiration of a month as
action was commenced, and when the costs amounted to
71. Plaintiff paid the full amount, 32/. 4s. 4d., defendant
refusing to allow for the cases returned, or the discoun 1
to recover back which the present action was brought.
The UNDER-SHERIFF said that as the plaietiffpfhtito
returned the goods ho might have pleaded a fieta-
the amount of their value. cif"
the trans-
Mr. THOMAS, for the plaintiff, said that under the _
cumstances the safer plan was to pay all, as be bad au
unquestionable right to bring the present action.
The facts were then proved.
The defendant's attorney contended that the plaintiff
must be nonsuited.
Mr. THOMAS argued that defendant had by his Pie.
admitted the plaintiff's right o c
f ation.
The UNDER-SHERIFF said he should let the case g°
to the jury, considering that under the plea defendant
had admitted his liability for their value.
The jury gave a verdict fur 17s. over and above the
1/. 19s. paid into Court.
Ansit.
nuapplication was made for leave to m
no oved for II
not give
The Learned UNDER-SHERIFF said he COul—
A
leave, but he would retain the writ till next term, so that
defendant might apply to the Ccurt above.

MEETING OF MIDDLESEX
MAGISTRATES.--(THIS DAY-)here Will
This being what is termed " County Day, 5111
" t
a very large attendance of magistrates for the disP°
of the usual county business.
The Deputy Clerk of the Peace having
the re.
minutes of thu last Court, and also brought uP
port of the Committee for Accounts and General Pur*
poses, which were received and adopted, erilr
The report of the Committee appointed to sup _
tend the erection or providing of an additional peurr
lunatic asylum, and to execute a mortgage of the couol
rates for the sum of 20,000/. for the providing such add.l7
tional accommodation, was then read. It stated that Irt
read the
pursuance of advertisement, first inserted in July, the
f
had received several tenders, and they now had settled,.
upon one received, advancing the money at the rate of
five per cent. per annum. The report was received and
adopted unanimously.
The report of the Visiting Justices of the House Of
Correction, Coldbath-fields, was next received, end
adopted unanimously. It appeared from it that the
number of prisoners at present confined there was 1,010,
of whom 803 were males and 207 females, and 11 chit'
dren. Only one death had occurred since the last Court
day, and the general health of the prisoners was good.
The Deputy Clerk of the Peace then read the report
of the Visiting Justices of the House of Correction,
Westminster, from which it appeared that the number_
of prisoners confined were 779, of whom 207 iv! 1.,°
females and 572 males. It
account of the state of the prisoners' health, and also , 1
the effects of the system of moral and religious training
adopted there. gave a most tavoursooto,

EN CE

SPORTING INTELLIG_ "
THE ROYAL LEAMINGTON AND WARWICO.
STEEPLECHASES.—WEDNESDAY.
Match, 500 sous. , p.p. Three miles.
Captain Alleyne's The Nigger, 6st ••• (• 2
Tasker) I
Mr. Isaac Day's Columbus, 9st ••• •• •••
Betting-6 to 4on The Nigger. Won in a cante
r.
tehaechs,eclosnfdt,taonsdavse fhtios
of 2 5 soya.
The Grand Open Steeplechase Handicap
1 6 of whom declared.)
Captain W. Peel's Chandler, declared,
37
miles.with I(o3o7asdu
joded:
Mr. J. S. Moseley's Richard the First, lOst 12Ib ..•
•
nsltyakief.
Captain Barnett's Boxkeeper, lOst 21b ••• •• ;
11 st 21b (Captain Little)
The following also started, but were not placed:--- 0
Mr. James Mason na St. Leger, 12st 41b •••• ••• 0
Lord Strathmore's The Switcher, Ilst 131 b... ••• 0
Mr. Joseph Anderson's Profligate, 1 Ist ..• • •
•• 0
Mr. J. Elmore's Young Lottery, lOst 12Ib •• 0
Mr. R. T. Moore's St. Ruth, lOst 10Ib •••
••• 0 •
Mr. J. Elmore's Alice Grey, lOst 81b... ••• Ib
2• 0
Mr. W. H. Johnstone's King of the Valley, lOst 0
Mr. W. Taylor ne, Standard Guard, lOst 2lb ••• 0
Mr. 'Wortley's Sparta, 9st 121 b ••• -•
Sir H. Bruce's Evergreen, 9st 121 b ••• ••• •" 0
Mr. C. C. Brooke's The Eagle, 9st 101 b • • •• 0
Mr. Douglas's Canary, 9st 10lb ••• ••• "• 0
Mr. Smith's Pembroke, aged, 9st 71b... ••• •••• 0
11r. J. Brown's Hip Briar, 9st 121 b ••• •••
Betting-6 to 1 agst Chandler, 7to I agst St. Leger,
9 to 1 agst Richard the First, 9 to I agst Standard
Guard, 10 to 1 agst Latitat, 12 to 1 agst Profligate, and
15 to I agst Boxkeeper. Won by two lengths.
The Professional Steeplechase Stakes of 3 sCITS. each,
and 20 added. Three miles. (10 Subs.)
Mr. Weatley's Gayhurst, 11st 71b ... (Archer) 1
Mr. Brown's Red Hawthorn, list ..• •.•
3
Mr. Powelrs Slow-and-Sure, 11 st • • •
The following also started:—
Mr. Eskrett's Sir William, lOst 71b
Mr. Denistoun's Old Dan Tucker, lOst 71b
Mr. Smith's Unknown, 12st ••• • • ...
Mr. Essex's Old Ned, lOst 71b ..• ••• •
Lord Strathmore's Mameluke, 1 Ist 111 b .•• " 0
Mr. E. J. Davenport's Viscount, lOst 71b ••• ".
Mr. Fowler's Beggarman, lOst 71b ••• •••
Betting-3 to 1 agst Gayhurst, 4to I agst Mame.l;Jse,
and 6to 1 agst Slow-and-Sure. Won in a canter. 0
A Free Handier, of 5 sous. each, and 40 added. Tri
miles, over five hurdles. (16 Subs.)l
Mr. J. Pearce's Jack, llst 21b
Mr. Lambden's Chance, lOst 121 b... ................ •••• 3
Mr. W. H. Wilson nd Valeria, lOst 12Ib .......... ••••gr.
The following also started, but were not placed
W. Learmonth's Cavendish, list 71b—Baron I°-„
child's The Hack, llst—Lord Strathmore's Red 1-41111j,-'
10st 121b—Mr. B. Tomlin nd The Pony, lOst 71b---;;;:b
Parkyn's Wilford, lOst 71b—Mr. J. Eltnore's nr"'o-51
Yeoman, lOst 21b—Mr. Simpson's Amazon, 4 yr',
(Kitten)
121b—Captain Allen nd Leo, Oat 121b—Mr. 41b woo
bl g by Valentine out of the Nab, 4 yrs, 9st 41b.--" -
cleverly.
NEWMARKET COURSING MEEETING•

0
"" o
0
•••
0

WEDNESDAY.
The Puppy Stakes—(Continued).
Mr. Purser's Picotee beat Mr. Vipau's Vista.
Mr. Villeboie Desperate beat Mr. Arabin's AMY. er.
Mr. Buckworth's Beatrice beat Mr. Miller's Midsuoo3
Fir Ties.
Young Warrior bt Brides-st I lied Rose beat Giddy dery
maid. I Cimierarea beat Espar
Pansey beat Beatrice.
'The other tii
The All Aged St
Wish-you-may-get-it beat
Rose de la Refine.
Lyme Regis beat Miles.
Fire-office bt Smuggler Bill.
Dai3y beat Fancy Boy.

rs not run off.
tikes—First Ties.
Cruiskeen beat Figaro.
Hotspur beat Girl of Kent.
Brutus beat Vainpyre.
Twilight beat Merry Lou.

it SC'
PORTSMOUTH, DEC. I.—DEATH or ENA,kr
RAL SIIIRREFF.-The serious illness of this office. 13-is
mentioay, ne member of
family, ned
y nor theester meddicalbut officers
whoan attended hila'desth,
tertained any immediate apprehension of his _te
Yesterday the Admiralty telegraphed to know the
of his health, and the reply was that he was if:00_11135:
but the Admiral soon became worse, and uotw_,ilbstssiti
ing every means that was resorted to, exPi',,fr,,- "on
quarter after two o'clock this morning, troei --•snied
of mucous on the chest. Admiral Shirreff only i°l_, of
as superintendent of Portsmouth Dockyard on the lsbi.
; ed
October last, and in that brief interval has Olio bad
esteem and respect of all the officers and Ewa° linos
occasion to communicae wi him, and his short 1,...eat
and unexpected death haveth
consequently cast ti
gloom over the estsblishment. •