The Sun.
London, England, 1841-01-13 00:00:00

LAW INTELLIGENCE.

_ - -
COURT' OF QUEEN'S BENCH, .14X. 12.
(Sittings in Banco.)
TIIR HVERN V. FM,!. AND OTHERS.
In this case a rule had been obtained before Mr. Justice
Paterson, calling upon the prosecutors to show cause why
an order of Lord Abinger, for entering up the postea,
should not he rescinded.

The ATTORNEY-GENERAL, with whom WAR Sir W.
Fou.Err, now appeared to show cause against the
rule The matter or:p lated in the election for over-
a:ers and churchwarden; for the parish of Lambeth, in
Haitcr, 1839. On that occasion Dr. Doyley, the Rector,
presided, and he conducted it according to-the usual and
fetal manner. A poll being domanded, he directed that
it should be tAten in the porchea of the church, but a
certain party decided that the poii should take place im-
mediately. The poll, however, took place as tha

Rector had directed, but it was conducted vet-)
irregularly, and at the conclusion a scrutiny was de-
manded. Dr. Doyley granted the scrutiny, and required
the churchwardens, overseers, and collectors to produce
their books, so that it might be ascertained who were en-
titled to vote, and how many votes they had under Sturges
Bourne's Act. They refused to do so, and an application
was made to the Court of Queen's Bench for a mandamus
to compel them to do so. The mandamus was not obeyed,
but a return was made, stating that Dr. Doyley had not
properly conducted the election, and that they were not
bound under the circumstances to produce the books.
There was a traverse to that return, and it came on for
trial before Lord Abinger at the Spring Assizes for Sur-
rey, and under his Lordship's direction there was a verdict
for the Crown on all the issues. An application was made
by the defendants for a new trial, but the rule was dis
charged. The parties then proceeded to tax the costs of
the prosecution, when Sir F. Pollock applied to reverse
the Master's taxation, and among other objections, it was
stated that no damages had been awarded by the Jury at
the trial of the cause. A summons was taken out before
Lord Abinger for the purpose of entering up the postca,
and that Learned Judge acting, as he understood, in the
discharge of his duty, in carrying into effect the verdict of
the Jury, directed that the postea should be entered up
for the plaintiff on all the issues, with nominal damages.
The Learned Counsel proceeded at some length to contend
that the Court could not interfere in the case, insomuch za
the order of the Learned Judge did nothing which was
contrary to the intention of the Jury, and that the act was
no exercise of irresponsible power, but a matter of course.
Sir F. Pou.ocx and Mr. HATES were heard in support
of the rule. The arguments were directed principally to
show that the order of Lord Abinger was an interference
with the province of the Jury, which it was the duty of
the Court to put a stop to.
The Court deferred judgment.
TER QUEEN V. THE CORPORATION OP LEEDS.
Mr. ADD!RON moved in this ease for a mandamus di-
rected to the Mayor and Aldermen of the Borough of
Leeds, commanding them to receive the vote of Radiord
Potts; to admit him as a councillor
ic ted. It
a
of thep borough,peared fromto
which office he had been duly ee
the statement of the Learned Counsel that the borough was
divided into wards, and that Mr. Potts. with three others,
were candidates for Milihill ward. The election took
place on the 2d November, arid the Alderman, before
whom the election was held, declared Howard and Potts
duly elected, but subsequently, in the evening, be made
another declaration that Howard and Richardson (another
of the candidates) had been duly elected. lie had some
doubt, whether, in a case like the present, he should more
for a mandamus or a quo warranto, to be directed to
Richardson, calling upon him to show by what authority
he exercised the office of councillor.

Lord DENAIAN having intimated that the latter course
would be the more judicious, a rule nisi for a quo warranto
was prayed for and granted.

ASSIGNEES OF MORTON V. TILE G6EAT WESTERN RAILWAY

COMPANY.

The COURT gave judgment in this ease, in which the
question was, whether Horton, who was a contractor for
making a tunnel at Boxhill, in Wilts, had committed an
act of bankruptcy on a certain day, the evidence on thw
point being a letter written by Horton, in which he stated,
" lam now in London to avoid two writs." The Court
was of opinion that the letter had been properly received
in evidence, and their judgment must be for the plaintiffs.
The rule, therefore, must be discharged, subject to an al-
lowance for such articles and materials as had been pur-
chased by the defendants after the bankruptcy.
IN THE MATTER CF " TAE DON."

The ATTORNEY-GENERAL, moved for a prohibition to
the Admiralty Court in a case in which he thought the
Judge had exceeded his jurisdiction. It was a case of
colli,ion between two vessels, the Tiber and the Don,
and tho latter being in fault, was seize,l and sold, but the
proceeds not being sufficient to pay the (damage, the Judge
ordered the costs to be awarded personally against the
owners, which, it wn contended, was an excess of juris-
diction.

The COURT granted the rule.
AUSINESS OF THE COURT.

Lord DerimAN said the Court would take the special
paper on Tuesdays and Fridays, and the Crown Paper on
Wednesdays and Saturdays. On the other days they
would go through the bar, calling for motions, and then
take the new trial paper.

COURT OF COMMON PLEAS, Ja.v. 12.

FEES OF ARBITRATORS IN REFERENCE•-- DORSET V. GINGER,

This was an action for hay sold and delivered, in which
the matters in dispute were referred to two hay salestrien,
and a solicitor named Galley. These refused to publish
their award until they were paid their fees, at the rate of
three guineas a-day for each of the arbitrators, and costs
of drawing and engrossing the award, and other alleged
separate professional services in the reference, on the part
of Galley, amounting to 111. 16a. The plaintiffs having
paid the money, and obtained the award of 5001., insisted
upon taxing the costs of the arbitrators. The Master
pronounced the charges to be exorbitant, and reduced
them from 451. to 181. They refused to return the &EL.-
rence ; and the Solicitor-General last term obtained a rule
nisi to compel them to do so.
Mr. Sergeant STEPHEN now showed cause against the
rule, contending that the charges were reasonable, and
that the award having been published and enforced, the
damages (5001.) having been paid, none of the parties
(especially not the arbitrators) were now before the Court,
so as to enable the Court to disturb the award or any p irt
of it. It would hive been the proper course for the plain-
tiff to have brought an action against th arbitrators to
compel them to award.
The SOLICITOR. G ENERAL replied that the charges, es-
pecially that of three guineas per day of three hours, for
the seniccs of hay salesmen in a simple case of hay dea!ing,
were exorbitant, and contended that although in all other
respects, as between plaintiff and defendant, the cause was
at an end, yet the arbitrators, by disobedience of the Mas-
ter's order, cor.tinued within the rules of the Court, and
were rightly brought before it by the present application.
Arbitrators and all persons undertaking to carry into effect
a rule of the Court were, to all intelits and purposes the
" we will not give you our award until you
officers of the Court to that extent, and were amenable to
its jurisdiction. The Court would therefore not permit
them to say
pay us mere than the officer of the Court for that purpose
appointed directs us to receive." Nor when they had re-
ceived it would their Lordships allow them to retain it in
contempt of the Master.
The LORD Clime JUSTICE said that as this was a new
case, and it was an important question whether the Court
had the jurisdiction or not, their Lordships wished to look
over the affidavits before they gave judgment.

COURT OF EXCHEQUER, .1.1 N. 1
lIARRISON V. WAIINF.FORD.
Mr. Ht.mlitar appeared on behalf of the plaintiff to
show cause against a rule obtz,ined by Sir F. Pollock for
setting aside a verdict for the plaintiff on the ground of
collusion. The plaintiff was a servant of the West Cork
Mining Company, and not being able to obtain attti salary
was compelled to bring his action against the defendant,
who was one of the Directors of tl.e Company ; the action
was tried before Mr. Baron Alderson, and the jury found
for the plaintiff, but the Learned Judge suggested that it
was no use harrassing the defendant, for the Court bad
already decided that the Directors were not personally
liable. Because he had acted upon that suggestion the
Directors of the Company now estate before tle
Court, and charged the plaintiff with obtaining bib
verdict, by colluding
.with the defendant. That state-
ment was strongly denied by tho affidavit of the plain.iff.
The trial took place in November. 1839, and the Directors
only came to the Court now, being upwards of a year; he
apprehended that that was too late, arid that the (spurt
would discharge the rule with costs.
Mr. BAOLRY appeared on the part of the defendant, 10.:f
personally did not care whether the verdict stood or not,
but he was most anxious that the charge of collusion should
be wiped away. lie denied it strongly, and trusted that
the Court would so decide the case as to save him from
further trouble or costs, with respect to the West Cork
Mining Company, with which he now had nothing to do.
Sir F. Poi.i.ocK, in support of the rule, said the parties
for whom he appeared had bier, seeking redress in the
Court of Chancery. which accounted for the delay in mak-
ing the motion. Heyvould ask, if there was no collusion,
why it was that the defendant had not at once given no-
tice of the action to the solicitor of the Company ?
Upon a suggestion from the Court, all incters in dif-
ference between the parties were proposed to be referred
to a gentleman at the bar, and the matter was ordered to
stand over for a week.

INSOLVENT DEBTORS' COURT, Jax. 12

IN THE MATTISS or RALPH BENSON, ESQ.
The petitioner in this case, who bad been Member of
Parliament for Stafford for a number of years, appeared
on his petition, from the Queen's Bench prison, praying
to be discharged under the Act. He was opposed Isy Mr.
Nichols on the part of Mr. A'Beckett, solicitor, in Golden-
square ; Mr. Cooke and Mr. Woodrofre supported the ap.
plication on the part of Mr. Bereion.
The insolvency was ascribed by Mr. Bensor on his pro-
ceedings to the expenses he bad incurred in three con-
tested elections, two for Stafford and one for Bridgnorth,
to losses on underwriting, law expenses, end other ex-
penses, which lie set forth. The debts in the aggregate
were 76,032/. 12s. Bi, of which sum 22,1141/. 15.4. Id.
were without consideration, leaving the bona fide claims
from the year 1820,amounting to 5:1,8401. 17s. 7d. There
were no debts owing to Mr. Remota, but he detailed
in the schedule his various estates, and the incum-
bailees he had created on them. Amcng the
items stated was one in the year 1820
of 11,0001., as paid
for debts contracted on two contested elections, one for
Stafford and the other for Bridgnorth. There was another
item in 1125 of 5,5001., as having been paidlfor the ex-
penses of a contested election for Stafford. The descrip.
tion was of Wenlock, in Shropshire, and residences in
London during the thee he was in Parliament, from 1 820
to 1830. His Parliamentary expenses were stated at
550/. a year. Ile had been in the Queen's 132nch Prison
.ince October last. Scyoral creditors had entered oppo-
sitions, hut Only one creditor opposed.
Mr. Bensoa stated his belief that the incumbrances on
his lauded estates exceeded the value of his interest in
them, which was for life only. He had resided in France
nearly ten years, and returr.cd to this country in July last,
Ile had only one detaining creditor, Mary Ryland, who
had been rine of his
servants, and whom he owed wat.t•es
between 501 and 6C/. lie was arrested at her suit in the
Strand as he was going into the City. The Cetaining
creditor, Mary Ryland, got judgment by a Judge's order
for 50/., and he was taken to prison. He bad to a num-
ber et his debts set up in his schedule the statute of limi-
tation as a bar. The arrest was not a "friendly" pro-
ceeding.
Ultimately the Court declared that lie was entitled to
the benefit of the Act.
He was discharged accordingly.

dT

tC,rorirncsir,3o,lV.ecnLt,iic,;-iTavivg ,ry—some wri.
---
Jutlex, the Morning Post's well-informer _tiff
plains of a literary
stolen his good Lame. There
was no Lced to hove adopted a nanic not his own, for his
remarks on handicapping are ingenious, well-put, and alto.
gather clever.

PRICES OF CAN AL,DOCK, ASSUR-
ANCE COMPANY SHARES, &c. &c. &c.

LONDON, TUESDAY, JAN. 12.]
Number Dividend - Price
of per CANALS. Der
Shares. Annum. Paid. Share.
1,766 7 per cent. Ashton & Oldham...Average 97/.ltis. eh. 112
1,482 41. Ashhy.de.le.Zouch Average 1151.5 h. 72
1,280 Basingstoke.... 1001.65. 5
1,005 5/. Brecknock and Abergavenny- 1501. sr:. 03
ts,C6O 1..16th. :104 Birmingham, 1-16th share ....Mt. & 711. 201
4,000 ... Ditto & Liverpool Junct.lstol. eh, 100 pd 26
60U 3/. Bridgewater and Tainiton.lool.sh. all pd -
WO 5!. Chelmer and Illackwater lool.sh. 101
• '3OO 321. Carentry 1001. sh. 660
Croydon. Average 311.2 a 10d. oh. -
000 51. Os, Dudley.... 100/.sh. 97)4
600 131. Derby . lool.sh. 111
20,001 4 per cent. Danube and Mayne 411.133. 4d .pd 34
3,5751 4' Ellesm..le and Chester Averz.gel33:.sA. SI
231 621 Erewasit lool.lm. 750
1,2:11 30/. Forth I.nd Clydo....AveraFe 4001.165. In. 6`9
11,01,0 81. Grand Junction 1001. s n 142
1,8414 255. Grand Union lool.sh. 211
1,500 ...,..... Grand Surrey 1001. sh. 15
1,0001 41. percent. Ditto (optional) Loan 1001.
3 896 Grand Western lOOl. sh, all pd 10
600 131.125. 84. Glainorgan shire., Aver. cost 1721. 135.4 d. '2:30
749 1•21. Grantham. 1501.3 h. 91.1*
6,138 21. (15. fludde...Sild Average 5 //. 63.6 d. sit. 27
100 Kensingto., lOO sh. all pd 10
25:12,1 1/.los, Kennet and Avon, Av. 391. 18s. 104. sh 'l5
11,6991 1/. 7s. Lancaster Average 471. Cs. tidi 2;1/4
2,8970 SO/. Leedmanti Liverpool IOW. s h 760
545/ 15/. Leicester 140/.81 10;
1,897 t,/, Os. Lc;cester & Northampton Aver ,131.10; 73%
2.400 101 Monmouthshire 1001.61' 200
150 10/. Meiton Mowbray
SOO 25/. Mersey and Irwell IOW. Rh. 565
3,000 21. los, Macclesfield IOU!. sh. all pd 343,
217 17/. Neath lOO/.sh. 325
2,400 51. Peak Forest kvca..ge about 751. sh. 75
21,418 Si. Regent's (or London) Av. 33/.162.8d. sh. 101 A
8,669 61. per cent. Rochdale Average 851.5 h, Si
500 Al. Shropshire 1251. sh. 137
809 101. Os. Somerset Coal l5O/. sh. 180
3,8001. 41 p-r cent Ditto Lock Fund Stock... ...... 121 IN. sh. 11%
700 3(1, Stafford and Worcester. 140/.sh. 650
500 151 Shrewsbury 125/. Bd. 280
300 9/. Stourbridgc!......._ 145/.sh. 396
3,647 21. Os. Stratford-on-Avon A ver....791. 90. (d. sh. 41
533 1311 Swansea IOW. sh. 255
3,7(12 21. Bs. Severn and Wvc and Railway Av. 351. sh. 45
2,501 on. ..127. 10s. Trent and Mersey, / share lOOl. oh. 581.,
4.149 Thames and Mtdway Av. 191. ss. Bd. sh. 2
I,ooosha 161.
Warwick and B,ruaiNgliam lool.sn • 245
60016 h,
"
950 13. Warwick and 'Nap..." 1001. sh. 175
7,030 4/ i Worcester & Birmingham Av.76/.81.5h. 55%
5,800 335. Wilts and Becks Avewetqc 671. 10. 83. sh. 26),
fisl 6. W y 'h., and Essington 125/. RI) '74
.26 Vv.sneacn ..... ... - all. So
905 Is. Wey and Arun IIW. en. 22
DOCKS.
t. 50 8, 1 On e. Commere al /001. sh. (5
1.065i5h. -*
... ... Fast and West India
r,233,310/17605.p.ct. London Stock 67
Ditto Bonds

2.209 3/: 6s. sd. Bristol Average 14"!.95. sh. 75
611,3241. 5/. per cent. Ditto Notes, various amounts ....... .... Itit3
352,752 5 per cent. St. Katharine Stock 0904
5w,10 0 4* per cent. Ditto Bonds
2041.000 4 per cent. Ditto Bonds for 10 years
Deptford Pier .... 201. sh. 20/. pd 10
BRIDGES.
,600 10s. Hommersmitl. 50/.lh. 21
7,931 Southwark, Old Av. 63/. 2s. fld. sh. 21„,
1,700 I!. 15s. Ditto, New, Mil per cent 50/. sh. 13
41110 Waterloo 10)1. sh. 3
5,000 225. od, Ditto, Old Annuities of 81 91/.1,4 tNti..,,
5,000 19s. 01. Ditto, New Ditto of 71. 4O!. pd 1814
10,0601. 5!. per cent. Ditto Bonds
5,818 26s Vauxhall .......„Average 701. Ills. 3d. sh 26 ;,
ASSURANCE COMPANIEG.
,090 '3llos Albion 5OOl. sh. 50/. pd 73
50,000 16 ~,,,, ertl Alliance British Fe Foreign 1001. 001. sh. 111. pd 13,4
.is..
50,000 6 percent. Ditto, Marine lOOl. sh. 51. pd 5!4
4,0i0 it per sh. Atlas
1,20045 h, 5/. Birmingham t ire ''s(ll. x 1.55/. pd 107)i2
20,000 41. per cent. British Fire 'l5O/.Bh. 59/. pd 40
l'UOO 61 percent. British Commerctal 5O/. 04. 51. pd 5%
5,0011 N. per cent. Clerical & Metli,rl Lite, 110/. sh. 2/10s pd 41,
4,1100 3( Os County IOU!. sh. 101. pd IC
20,100 ts. Eagle 501. sh. 51. pd SN,
,
.)
200 5 per cent
and .•,,j, 1 s.i ~eohom.; c Idle 1000/. sh. 2501. pd 406
2,271 225. per cent. European Li. • 20!. sh. all rid 22
511,000 2s. Ditto, New "0!. sh. 2/. pd 1;
,solllo,ooo/. 6/. per ct Globe Stock 122
20,0,10 51• Guardian
31013 s. tri:l. Hope 5O/. sh. 2/. pd 51(
2,400 5/. Is. 64. Imperial t ire 509/. sli. 511/. pd 135
7,590 9.3. Imperial Lite lOOl. sh. 10/. pd 10
13,150 5/. percent. Indemnity AL.rine 10(1/. sh. 8/. pd 3'l
2,020 31 Ills Ket,t Firs 59/. sh. all pit 1)2
31, Ditto Life 5O!. pd (if)
10 000 16a, Law Life
5.1.(u Ins, Lon,lon, Fin( O5l, sh. IV. Ill;. pd li•tt
3,9(0) Ills. London, Ship "51. sh. 121. 10s. pd 18;4
1,0110,000/. ... ..... Minerva Life I Otii. oh.
51.0,0001.
30,000 U. per cent. Palladium Litt 5O/.. sh. 21. pd 216 s
50,000 4/. per cent. Protector Fr, 001. sh. 2/. pd Ifis 0,1
10,0110 4 per cent. Protestant LAssenters ....160/. sh. 5/. pd 51i,
2,500 1!. Provident Idie
21(4005 7'. Rock Life 5!. pd :. s,
89,220/ 5!. per mgt. Royal Exchamto Stock 200
_...__ .

6,00 N 5 per cent. UnlYerSity 1.110 1001. sh. 5/. pd
59,000 4 per cent. United Kingdom Life 1001. sh, 51. pd 7

JOINT STOCK BANKS.
25,000 Agric. and Cum. of Irelanil2s/. sh. 10/. pd
5,000 S per cent. Australasia Itll. sh. 401. pd 52
10,000 10 percent. Bank of Birmingham 50/. sh. RV. pd 1334
(0,001) 10 per cent. Birmingham Bank 5ll/„ sh. 10/. pd l 3
31,000 6 per cent. London & Westminster 100/..sh. 25/. pd 21,4
00,000 5/. London Joint Stock 50/. sh. 10/. pd 13
.1,000 4 per cent. Lancaster ....... ........ ...... 100/. ;h. tOl. el Sc)
25,000 Liverpool lOO/ sh. 10/, pd 21.1 i
50,000 7i percent, Manchester and Liver" 50i.th. 151 pd in,/
pool Distrizt
20,000 7 percent. Manchester lolli. sh. 25/. pd 41;4
20,000 Provincial Bank of Hein mllOOl. sh. 25/. p,.1 4314
50,,00 S, cr (-cut. National Bank of Ireland 60/. sh. 17;/. pd lot,
10,000 5 per cent. National Prov...cial ling.loo/. sh. 351. pd S'i!
111,000 Ditto Ncw 10i. sh. 101. pd 10y,
10,000 Gloucestershire 501. sh. 10/. pd 30
0,1)00 10 per cent. Hampshire 5O/. 5h.,51. pd 0