The Sun.
London, England, 1840-12-02 00:00:00

(Sittings at Nisi Prius.)

SHREWSBURY V. THE MRECTORS OF THE WHEAL BROTHERS
MINING COMPANY. . . .
...... ._ .

This important case was resumed at the sitting of the
Court, and is likely to continua beyond this day. The
real facts will best appear in a report of the proceedings
when concluded.

EXCHEQUER COURT-THIS DAY.

(Sittings at Nisi Prius before Lard ABINGER and a Mid-
dlesex Special Jury.)

THE MAYOR AND CORPORATION 01? COVENTRY V. LYTHALL.

Tho Solicitor-General, Sir William Follett, Mr. Aus-
tin, and Mr. Kenyon, were Counsel for the plaintiffs ;
the Attorney-General, Mr. Sergeant Adams, Mr Richards,
and Mr. Atherton, appeared for the defendant.
This was an action to try what constituted the teal
boundaries of the borough of Coventry under the Munici-
pal Corporation Bill. The plaintiffs claimed that the
liberties of the borough extended into certain parishes in
the neighbourhood, and made a borough-rate, including
them, which was resisted by the inhabitants. The cause
promised to be an exceedingly long one, the written evi-
dence being very voluminous. When the Solicitor-General
was about to open the case.
Lord ABINGER suggested that it was a most fit case for
the consideration of the Court upon a special case.
After some consultation between the Counsel, it was
arranged that the cause should be referred, the arbitra-
tor to take evidence upon oath, upon which evidence be
would settle a case for the opinion of the Court.

COMMON JURIES,— TURTLE V. WALLIS
This was an action for work and labour done by the
plaintiff', upon an intended likeness of Dr. Dillon.
The defendant was in possession of a picture of the
Rev. Gentleman, and wanting an etching of it, for the
purpose of supplying his loving congregation, he em-
plo)ed the plaintiff to make the desired plate. While the
work was in progress. the Rev. Gentleman became rather
too notorious. The defendant then affected that the work
was bad, and the likeness not good, and he refused to
oomph to the contract ; accordingly the action was brought
to recover the value of the labour done.

A witncss, named Pritchard, was called to prove the
contract. but it appeared that no price was named.
His LORDSHIP held this to be an incomplete contract,
and nonsuited the plantar.

110 M AND I'. SHAW.

The plaintiff in this-action-was Col. Howard who brought
his action to recover the sum of 1421 , the rent of a stable,
from 1827 to the last year, at 121. a year.
Mr. PEACOCK stated the case to.the Jury. It appeared
that Colonel Howard had let a field of his property at
Kilburn to a person named Pocock, who made bricks
upon it. He built some houses, but he also built the
stable in question upon some adjoining land, to which he
had no •claim. . Colonel, Howard had advanced Pocock a
considerable sum of '.money, and when.. be was selling the.
houses he bad built, he, sold the< stable in question to tho
defendant ;• but the,attorney of .the plaintiff attended the
sale, and gave notice of the fact that any one purchasing
that particular lot must pay an annual rent. Shaw after-
wards obtained possesiion of the property, and retained it,
although the sale was never completed. Frequent appli-
cation was made to the defendant to give up possession of
the stable and coach.house, which he refused to do, be-
cause, as he said, he had never been repaid his deposit;
and he continued to retain them until last year, whea an
ejectment was brought.
Mr. PLATT submitted that there was no case so clear as
that when a person was let into possession upon a con-
tract for sale, no action would lie for use and occupation ;
possession in this case was given up immediately upon the
set vice of the ejectment.
His LORDSHIP directed a uonsuit, reserving to Mr.
Peacock leave to move •to enter a verdict for the plaintiff
for bO/.-

It having been gen.erally expected that the first cause
would occupy the time of the Court for at least two days,
parties in many of the cases were not ready to bring them
on, many were struck out of the paper, and in others the
records were withdrawn.
The Cuurt rose at one o'clock.

LLO YD'S SHIPPING-(THIS DAY.)

LONDON, DEC. I.—Wind this day at noon, light north-
westerly airs, and hazy weather.
DEAL, DEC. I.—Wind W.—Arrived the General
Wolfe, Bell, from Demerara. Sailed the Wellington,
Chadwick, for New York.
LIVEIAPOOL, Nov. 30.—Wind W. N.W.—Arrived the
Anne and Jane, Cocks, from Berbice—sailed 25th Oct. ;
Virginian, Allen, New York--sailed 12th ult. Off port,
the Pact°lus, from Mobile ; Chicora, Charleston. The
Zeno, Stephenson, bound to Jamaica, has put back leaky.
Bounty, Hall, bound to Maranham, and the Duncan, from
Deaumaris, have come in, the former with loss of foretop-
mast, and the latter with stern damaged, &c., having been
in contact the 29th ult. off Tuskar,

- -
DOVER, DEC. I.—Arrived off, the Black Cat, from
Sardinia.

PORTSMOUTH, DEC. I.—Wind W.N. W.—Arrived her
Nl:tjesty's ship Serpent, front Halifax, sailed Oct. 28.
CORK, Nov. 29 —Arrived the Ferouica, Miller, from
Cape of Good Hope.
SWANSEA, Nov. 3/ —Arrived the Floraville, Wilson,
front Valparaiso.
SulEins, Nov. 29.—Arrived the Jane A. Nlelvain,
Storer, from Quebec. The Armadillo, Benedict, bound
to New York, put back, 28th ult., leaky, having struck
on the bar, and must discharge pat t of cargo.
YARMOUTH, DEC. 1.- The smack Emma of Barking
as run down off Harwich, 29th ult., by the Coy of
Aberdeen :learner ; crew saved.

THE MARQUIS OF LONDONDERRY.—An
address from some of the members of the late British
Auxiliary Legion of Spain has been forwarded to Con-
stantinople, tendering his Lordship thanks for his advocacy
of their claims in Parliiament. " The successful result
which has been produced we believe to be entirely owing
to your Lordship's exertions. We have been so accus-
tomed to demand layouts from your Lordship," con-
tinue the subscribers to the address, " that we can-
not refrain from the practice, even in the present ad-
dress ; we have cherished the hope that your Lord-
shp may perchance accede to our request that this
modest testimonial of our feelings may not be entirely
lost, and that the descendants of your Lordship's house
may know that, amongst the hereditary honours detived
from your Lordship, that can be also enumerated which has
been earned by the unthing and successful advocacy of the
claims of the British Auxiliary Legion of Spain by the
Most Noble the Marquis of Londonderry." In his reply
the Marquis of Londonderry says, " I do assure you I have
no words adequate to express the unmixed gratification
I derive from a testimonial so unostentatious and so per-
fectly emblematical of the principle that should regulate
the feelings of brother soldiers in offering proofs of each
others approbation or regard."
DEATH OF DAVID BRIDGES, ESQ.—We an-
nounce to-day the death of a well-known citizen of Edin-
burgh, Mr. David Bridges. During some years back he
appeared very little in public, but those who can take a
survey of the last forty years will not fail to remember the
deep, prominent, and unceasing interest which he took in
all matters connected with literature and the fine arts. In
the .Annual Register and in the newspaper press be at one
time largely wrote ; but it is unnecessary to particularise
his productions, arid we shell therefore only say that his
svritrvgs were chiefly devoted to those subjects on which
he was, by universal acknowledgement, well qualified to
give information and instruction—the fiao arts and the
drama—on which lie prelected with the ability of a mas-
ter. Caledonian Mercury.
NAPOLEON'S REMAINS --The framework for
the grand decoration, representing Napoleon More his.
throne, has been commenced setting up on the summit of
the Arc de l'Etoile, Paris. The pedestals for the statues
and other decorative preparations have b.:en begun in the
Champs Elysees.
Sir Charles Morgan's annual cattle show is fixed
for the 12th instant at Tredegar.