The Sun.
London, England, 1840-11-07 00:00:00

EVEN- G 0 I ON.
,een a pe,ftet one, at present was an in-
-1,—;,,0• any stamp nor any atteSt4twn'

-.1—(TIIIS DAY.)! at first having
-ies- -- 1 valid one—not nu..
PRITCHARD V. FOULKES.
The LORD CHANcotton gave judgment to-dac in Mr. Justice PATTISON—
'''''!'-'''.--'--."---''''-----
.r, ,
his case, in which the only question was whether 'cer- 1 COMMON pi.E.,A s.—(THIS Liti.
tain depositions which had been taken in the cause by 1 - ---s-,-.
commission, were regular or not. Upon the case !' FERGLTSOI,4 V. SPENCER.
coming on before the Master of the Rolls, his Lord-
ship was of opinion that the depositions were irrer"ular,
and ordered them to be suppressed, and from that 6 de:, Hayes, an Irish bankrupt, to recover the price ofha:
This wa; an action bi.ought by the a(„signces 04
eision the party appealed. His Lordship was clearly of !quantity of linen goods alteiget:
bankrupt to the defendant, a Inev,rthant residing and . .
to have been sold layetar_
opinion that the Master of the Roll,' judgmet was i O'ing on business in England. Ti.
Bankruptcy Ael
correct, and ordered the arpeal to be dismissed, with i that the assignee, under the Ir,'sh
was the general
• could not sue a debtor in England. 1111):
set oft • and
-- ' plea. The defendant further pleade,:k ,tt •'.
. • 'e consigned
e defendant pleadeo",
thirdly, that the goods were not sold, but 0n,,,
-tiff, that
on sale or return. The Jury found for the C'lni.',' judge
the goods were sold, not consigned on agency. T., sue,
having directed that the plaintiff was entitlesl tt: in
the defendant's setoff was allowed. Mr. Kelly 1 a
Klary last, obtained a rule to set aside the verd."'nt P.
the ground of misdirection, inasmuch as the assi6ll‘el
under an Inish Commission could not sue in Engla6tn
This had been ruled in several Cases prior to the t
Act
and 7th William IV., the present Bankrupts'
for Ireland, the 161st section of which expressly limits
the operation of the Act to Ireland.
The SOLICITOR-GENERAL showed cause against tha
rule, and contended that the objection to the pia
under
intiff's
right of suing in England would have been goo
the former bankrupt law in Ireland, which was a stir'
tut,: passed by the Irish Parliament, that Legislature
haiirg no power to make laws operative in England, or.
binding upon English persons out of Ireland.
nu,/
this commis..ion was issued under the 6th an td 7t.''
Wdliam IV.; Al. Act of the Imperial Parliamen',
which has legl;slative authority over the w t
hols.a
the United Ki,:,gddro and its dependencies. 111
Learned Solicitor cited a novber of Scotch
lua:
English cases in support of' this vii. ‘r, and in conclust _
rested upon the 29th and 55th seeticns of the Aeto,__as
fully empowering the assignees urokr the Irish C
mission to sue iu England. tend'
Mr. KELLY replied at considerable 1 ~ng-th, non w illi
ing that the restriction of the Act of NV:llia:ft V. in
universal, and precluded the assignees 1..*001 s"
England or Scotland. to tits
The COURT—We will take time to look" 0-
Acts and the cases cited.
THE SERGEANTS' PRIVILEGES.
HUGHES V. HERMAN. s
s tO "
Mr. KELLY applied for the Court's decision LS
his being entitled to make a motion in a case in
, 01,
he was retained, before the rule of the 15th
of 101).0.,
1840, which restored the privilege of the Sergeant
elusively to original motions in this Court. , to.
The LORD CHIEF JUSTICE said, that .on .looking,
the rule the Court had found that Counsel who arel:cub
Sergeants are permitted to move only in OW' ill„. vinolc.
they h.,d been actually engaged previously ,`.O ifue,„--the
ing of the rule. The Court could not depar ttr
t,,,f(1.
rule, and therefore Mr. Kelly could not now `le """"

CHANCERY

costs.

WARD V. PAINTER.

The LORD CHANCELLOR also gave judgment in this
case, which was also an appeal from the decision oft he
Master of the Rolls, all swing a demurrer put in by
the defendant to the plaintiff's hill. The bill was filed I
by the plaintiff, as the creditor to an insolvent -who,
after his insolvency, had acquired property, against that
insolvent's yrs mai repre,.entative, for the purpose of
protecting the property of which the insolvent died
possessed ; and also to have the declaration of the Court
' that he was entitled to be paid, notwithstanding the in-
solvency. The question in the case was, whether the
Insolvent Debtors' Act had taken from the Court the
right to interfere in any manner for the relief and pro-
tection of the creditors. Upon the case coming. on
before the Master of the Rolls, his Lorti.-
ship as of opinion that the jurisdiction of
the Court was taken away, and from that decision
the parties appealed. His Lordship was of opinion
the order of the Master of the Rolls was correct, and
dismissed the appeal with costs.

DAVIS V. CLOUGH.
The LORD CHANCELLOR also gave judgment in this
case, which related to a solicitor's bill. His Lordship
dismissed the appeal with costs.
The COURT then proceeded with the paper of ori-
ginal causes, in some of which decrees were taken upon
the production of an affidavit of service, and others
were struck out, no party appearing. His Lordship
having got through his paper, rose shortly after eleven
o'clock.

BOLLS' COURT.-(THIS DAY.)

CHETUTE V. LORD VISCOUNT MELBOURNE.

FRENCH CLAIMS.

This case stood in the paper by special appointment
to. day, and upon its being called on,
The ATTORNEY-GENERAL, on behalf of Lord Mel-
bourne and other Lords of the Treasury, stated that
before the case procteded he had two proposals to
make to his Learned Friend, Mr. Pemberton, who ap-
peared for the petitioner, Mons. Chetute, and it would
be for him to consider whether or not it would be for
the benefit of his client to accept either of them. If
the first was accepted it would have the effect of put-
ting an end to the cause altogether, and if the second
was accepted it would save the Court the trouble of
hearing the present intcriccutory application for an in•
junction. Doubtless the Court was acquainted with
the facts of the case. The plaintiff was the represen-
tative of a Mr. Moorgrove, who claimed under class 13
of the French Treaties Compensation Fund. The fund
appropriated to class 13 was exhausted, but in the fund
appropriated to class 7 there was a surplus ; it was against
that surplus that the claim was made by Mr. Moorgrove.
After the Statutable Commissioners had become ex-

-----=-
GUILDHALL.—(THIS DAY• 7
-----0.--- r, io
A female'; about 20 years of age, was brought u r,.
custody of city policeman 220, on a charge of attem.P'''
ing to poison herse:f.-
In reply to Mr. A!derman HUMPHERY, the PI
eb troYeor
girl said that about nine niquths ago she was
by one of the city police force, with whom she lived foa
seven months, when he suddenly form, d her oval,
_.,
another weca
in a few days dtcrds arrieul
Driven to desperation,war and her charact.tr gene, she tri
the desperate remedy of self-destruction.' tbo
Mr. Alderman HUMPHERY strongly I to
coquet of fhe policeman, and dosired the
young woman to be taken hack to the host
seemed as
9e
b
sseemed in an exceedingly weak state. vproba
oofortedtues

tinet, there was a reference made with respect to the
amount of the claim to n gentleman of the name of
Baldwin ; he made his report, stating certain sums to
he due in respect of the claim of Mr. Moorgrove, and
that amount was now claimed. He (the Attorney-
General) did not wish, on the part of the Lords of the
Treasu y, who could have no personal feeling in the
matter, to throw any obstacles in the way of the peti-
tioner, and he was therefore desirous that it should be
seen how much was really due to Mr. Moorgrove, and
he was willing that be should be allowed to come,
in pani passu, with all the class No. 13 upon
the fund No. 7, with regard to what was really due ;
but the Lords of the Treasury said that there was a
mistake in the report of Mr. Baldwin, for that gentle.
man had reported twice as much as was due. The
Lords of the Treasury did not wish to pay twice as

SHEERNESS.

much as was due to Mr. iNloorgrove. The Treasury
therefore were willing, without at all inquiring whether
the Court had jurisdiction or not, that a referee should
he directed to inquire what was due. If his Learned
Friend was not prepared to accept that offer,
the second proposition he would make was this—
which, if accepted, would have the effect of putting a
stop to the present motion for an injunction. It was
suggested in the petition, that the Lords of the Trea-
sury were about to disburse the whole fund, and that
therefore there would be no remedy. Now he would
undertake on behalf of the Lords of the Treasury that
a sufficient sum should be reserved out of the fund to
answer the lull amount of the claim. _ _

Mr. PESIBERTON said it was impossible for his client
to oppose the last alternative of-his Learned Friend.
Nobody could suppose that the Lords of the Treasury
had any other desire than to distribute the fund
properly, but his client contended that the award
of Mr. Baldwin was correct. As he on behalf
of his client accepted the latter proposition, he appre-
hended the petition would stand over, the Attorney-
General undertaking, pro forma, that the Lords of the
Treasury would retain sufficient to meet his client's de-
mand.

The ATTORNEY-GENERAL said if it was considered
necessary he had no objection to do that.
The MASTER of the ROLLS—You have this advan-
tage Mr. Pemberton, that the Attorney-General will
submit to the alternative prayer.
Mr. PEMBERTON—Nothing could be more satisfac-
tory than the proposition of my Learned Friend.

Thus the matter rests at present.
His LORDSHIP then proceeded with the hearing of
the other petitions on paper.

VICE-CHANCERY.-(THIS DAY.)

His Honour the VICE-CHANCELLOR was occupied
the whole morning with the part-heard case of Ward v.
Fermin, which came before the Court upon further di-
rections and costs.

QUEEN'S BENCH.--(THIS DAY.)

(In Banco.)
WRIGHT V. WILLIAMS.

Sir F. POLLOCK moved in this case, which was
heard before Lord Denman at the last Middlesex sit-
tings, for a rule to show cause why the verdict for the
defendant on the fifth pica should not be set aside, and
a new trial had, on the ground of its being against evi-
dence. It was an action to recover a sum of 90 guineas,
the value of a phaeton, sold by the plaintiff, coach-
builders, to the defendant, a gentleman residing in
Wales. The declaration stated that the plaintiff had
fitted up a phaeton, which they had sold to the defend-
ant, who had undertaken, by a written contract, to pay
for it. The pleas were, first, that the defendant did
oat undertake to pay ; second, that the plaintiff did not
within a reasonable time fit up the phaeton ; third, that
the plaintiff did not offer to deliver the phaeton ;
fourth, that there was no contract in writing ; and, fifth,
that the contract was, by the consent of plaintiff and
defendant, rescinded and annulled. The Jury found for
the plaintiff on the first four pleas, there being no doubt
of the agreement to purchase the phaeton, but found
for the defendant on the fifth, which was the material
plea. The Learned Counsel proceeded at soave length
to contend that the putting an end to the first contract
was conditional upon the defendant taking another car-
riage. The evidence at the trial having been read by
Lord DENMAN,
The COURT was of opinion that there was no ground
for disturbing the verdict =Rule refused.

al
The fitting of the Camperdown proceeds as rani pa
the mber of workmen to be obtained will permit. pf
was pnu
ut in commission as a flag-ship in consequeae gba
the appointment of the Howe for foreign service. rse
is rated at 100 guns, and her complement is to area
eE
lieutenants, a master, surgeon, A purser, with al), to
260 other officers, men, and boys. Most 0f the fit
jackets are lent to man the small craft, called scuclaiev r
attached to the flag-ship for the coiree y Lingo.° _f v,°„,s to
teer seamen to the d;fferent ports, sr that it u.nr,to
necessary to man the admiral's barge by•
Ocean is the flag-ship pro tem., or rather gur ret4o
but to call her a guardship is absurd. She I,Bsheer
at 80 guns, and is almost the only guardship woe
ness afloat. Her 80 guns, however, until withlll_,A
aOA
few days, had dwindled down to ten in number, i• 71„ter
she has but 24. Sir John Hill, the captain-supe•
(lent of the Dockyard is the captain. The tut 4;jte
these two posts is considered by naval men to be t. tip
marines.
dsti
absurd, and it certainly does appear strange that ago it,
man whose duties arc sufficiently responsible and 00 to
sive ashore in the dock-yard, should also be required 4
take command of the flag-ship afloat, which he seld00"
can get an opportunity to visit. She has also a car'
mander of the ordinary, two lieutenants, and a masters'
there are three lieutenants, whose names appear in th'
Navy List as belonging to the ship, but they bat.-
charge also of divisions of the ships in ordinary, and rei-
side on board one or the other of them, and the duty°
the master, according to the regulations of the ordinal;
is now performed by the master-attendant. So butt:,
present it would appear that there is only oce t
nant and a master to carry on the duties of the er_s.
and they, in consequence of the death of Lieute.'";o
Croke, which happened about two months ago,
little better than prisoners, no other officer havaer
been appointed to fill up the vacancy thus crest.
and the ship being left without either mate, mid'btil;
man, or volucteer to assist in the performance of
duties on board.
theToheoenounmbiser2o7fs,ahnloet andone ohradlifnaorf v
wsehao
tamed at this port. The men are employed, it alWeiod
on board ships in ordinary, to look after them' 1c 14,°we'
seem, also, that the authorities who manage the.'iit
missioning of ships in ordinary, contemplated, that le „„.,
event of the Howe being suddenly called ;We° t° P". 01
ceed to sea, she could be easily manned by the ferrief.
Chatham and Sheerness employed in the oro`:,
When the time for putting this opinion to the t„e„"fell•
rived, it was found that only 40 able•bodied, and nimencaaallotbteedsartb:,
nary seamen, and those of a very indifferent descriPt;•
of
could be obtained, owing to the great unp_opular'n'en
the service with its present rate of wages. This °e; oa
larity is much increased at this port, in consequeui thr
there being no convicts here to do the drudgery °"0,03 -
dock-yard, as there are at other ports. Good °,3tbef
are at once disgusted with the kind of life to vvbic" Yoe"
find themselves consigned : it is not what they have „..e1
accustomed to, and they quit the service as soon ail to
get an opportunity. Those who remain are coraPe"eiod
be at the dock-yard at seven o'clock in the %ck.:
ing, and there to remain uutil half-past five g 0
in the evening. It is true they are allowed to,
to
to their meals, but the distance which they htlat•
row to get to the ships from the dock is ee ,gttei
sornet.mes having wind and tid? against them, ;IPA
can scarcely avail themselves of the privilege,
quently put up with a biscuit and a dram during di! are
day's hard labour. For all this extra work 0117. 'O.
not allowed a single fraction in money nor anY
rk iq is
nal clothing, although whatever they wear to worel
soon destroyed. Most of the new men that are °rola
are generally very scantily provided with appore""re
unfit to endure the physical wear and tear of this:se-0e
round of duty. Ytt, after working all del 'board
dock-yard, they arc intrusted to keep watch `bat'""bd
of the ships in ordinary in the Medway, so tgoil , ,
are expected to perform a task to which firs
blood are unequal for any letigth of time,
for a short period, unsupported by an amPl°
of necessaries and comforts. In fact, it cannot be de,
petted that good sailors will be made by fair nica°t° bs'•
that which they have always been used to consider „is
se for work of convicts, and the sooner the ordinary
placed on the old footing the better it will be 1.,°1‘ ;at
country. We have already pointed out the incrne'd it
manner in which Sheerness is protected by land, a° by
will be clear that the present means of itsdefence6ibis
water are still weaker. It is needless to dilateuP°° d
topic ; the opinion of nautical men is, that SheOl:Y-°‘
the adjacent coast ought to be guarded' iP
by a Prhere
being
force, and there is nothing worthy of so callde" r°-
at present. Half-a-dozen hostile steamers 813iwould 6-e
the dock-yard and shipping in the Medway witb°lat
difficulty.—Kentish Mercury.

MAYO ELECTION.—We understand that it i 5
the intention of Mr. John Browne, one of the ferolerfrcie;
presentatives for this county, to come forward as a ea Ity ,
date on independent principles unconnected with anYPaery.
Isaac Isaacs, the well-known clothier and in°,,11,,,1pt
agent at Chatham; was brought up before the Ba",•,"0/.,
Court last week, under liabilities to the amount of 17tili-vor
when it was discovered that he could neither roau '
write, and had no books to produce?
Her Majesty the Queen Dowager has presen.
tecl
a valuable silver communion service to
Church, Leicestershire. • et]
Lord and Lady Willoughby D'Eresby graved
on the Terrace, Piccadilly, yesterday, from Druivrn
Castle, Perthshire, and shortly leave for Kent. goir
Viscount Alorpeth arrived in Dublin on
012, ti k
Marquisean d
day last, from a tour of the Lakes of Killarney, with Lady
of Kildare,
Dover and Viscount Cliftlen- Congeistone
niedTii)Yetovhf
ii nootb, 013
for Irehind, were to
arrive
at Carlton 11.. use, 3Y
Thursday last. • ill
Viscount Duncannon is expected to arrive
town next week, from his seat in Ireland. left
The
Hon. Captain and Lady Mary n
__cod, ,
yesterday for Easthamstead Park, on a visit to the
Nar"
0 L
leftei 1 sot rmaocricdoat; ii)aa:t
quiThe Dukes and MarchiandonessDu ch of Downshi
fess r
Beaufort kit
Beall
o
fort- House yesterday, for Badminton, Gloucestershire' for
the hunting season. • ,
Lord and Lady Stanley du nut purf•,,,: ' ' 1;". ' bid'
to town until the third week in next month. r.i, -o_,
Lord and Lady are now staying with the Zia 4., :9z"i - -
at Knowsley Park,