The Sun.
London, England, 1848-04-22 00:00:00

our duty is clear; and every one must see that what
is our duty in this ease is (-9 it r-ises it
is
in reality) our best interest. We must all abstain
from joining the offenders, or in any way countenanc-
ing them ; and, on the contrary, every one must exert
himself, to the utmost of his power, to preserve peace
and order, and to bring offenders to justice. We
shall thus best guard our lives and property, and the
wellbeing of our neighbours. And we shall do much
more—we shall thus best obey our laws, best do our
duty to our Sovereign, and show our gratitude to
Heaven for the blessings of that free constitution which
has come to us as an inheritance from our ancestors
—an inheritance which it is our duty (as far as in us
lies) to transmit uninjured to posterity—an inherit-
an ee it is of a manly, rational, sober, noble freedom, not
formed on the visionary speculations of metaphysical
theorists, or the fancies of poets, but one which born
and flourishing under the holy influences of true re-
ligion has grown with the growth of our country,
and strengthened with its strength, and is now bound
up with our dearest affections. We do not boast of
it as that which we have achieved for ourselves, but
we humbly and gratefully acknowledge that we owe
it (as we owe all our other blessings) to Him alone,
" who rules over all the kingdoms of the world, and
disposes of them according to his good pleasure.
Gentlemen, I will not detain you longer from your
present duties.

CAUTION 0 PLACE. SEEKERS.
At a county court held here (Taunton) on Tues-
day, Captain Mahon, an insolvent, applied for his
discharge.
Mr. Brown, barrister, opposed insolvent on the
grounds—first, of fraudulent preference ; secondly, of
having contracted debts fraudulently ; thirdly, having
contracted debts without the means to pay ; and,
fourthly, for obtaining forbearance under fraudulent
pretences. Mr. Allen defended.
The insolvent, on examination, stated—One of my
creditors is Mr. J. Hart. He discounted my bills.
I held out no inducement to him to do so beyond the
profits he might obtain. I did not promise to obtain
for him a Government situation. Mr. Brenchly in-
troduced me to him as a friend of his who had money
to lend; I was to have made him a present of 251.
when the bill became due. The bill was for 3501.,
and I received in all about 3451. Hart gave me a
second acceptance for 1001., which I undertook to
take up. The bill for 1001. was paid by Hart. I
was a lieutenant and paymaster in the Marines. I
left the Marines in 1843, on account of debts. I re-
signed, and on the day I was arrested I had applied
above 2001. of Government money to the satisfaction
thefor
family,l. t
aan
ofs oparki
ev
ea.t e be tisa. alm eant
ad
aolr sf
re
ide
nadboi lfl
d is
now professionally engaged for me in a divorce which
is going on between myself and my wife. I never
had an action brought against me for breach of pro-
mise of marriage.

Counsel—Do you know a Mr. Take ? Insolvent
I do.
Counsel—Did you run away with his wife ?
nsolvent--I don't think that I'm bound to answer.

Mr. Allen objected to the question, and argued that
if such had been the case, and an action had been
brought, the record should be put in ' • if not, he could
not be called on to criminate himself.
Mr. Browne contended that he was justified in
putting these questions, to show that the insolvent

had recklessly spent money.
Examination continued—l know a Mrs. Wallace,
and have driven her out occasionally ; I lived in the
same house with her, but was not otherwise intimate
with her ; when I drove her out, she gave me the
money to pay for the vehicle.
John Matthias Hart examined—l remember put-
ting an advertisement into the newspapers, in conse-
quence of which Mr. Brenchly wrote me a letter.
He afterwards introduced Captain Mahon to me, who
told me that if I could advance a certain sum of
money, he would procure a situation for me as landing
waiter. The salary was said to be 1601. a-year. He
said the office was worth 7001., but I replied that
the utmost I could advance to him was 3501., and
that evening 1701. was paid to him ; on the following
Wednesday I paid him the remainder. I advanced
it solely upon the consideration of the promised
Government situation. I never received any interest

for it, nor did I bargain for interest. I remember
going in a cab to the Treasury with insolvent, who
came out and said they were so busy there that
they could not attend to the matter, but that he
had no doubt I should get the appointment within a
few days ; he told me that at his request his cousin,
the O'Gorman Mahon, M.P., had consented to become
my security in respect to the situation of landing
waiter: he afterwards said, that as the 350/. was a
very small sum, compared with the advantages which
I should obtain, he should feel much obliged if I
would give him an acceptance for 100/. ; after much
hesitation I gave it ; I made inquiries into insol-
vent's character and position, and finding that he was
cousin to the O'Gorman Mahon, I considered him
worthy of trust ; I made other inquiries, the answers
to which were that he was acquainted with several
Members of Parliament ; I never got the appoint-
ment. When the 1001. bill became due Mr. Noakes
wrote to me, and I called upon him ; Mahon said,
"Not having received my rents from Ireland, you
know the position I am in."
James Paxton examined—l was induced to ad-
vance 1101. to the insolvent upon his undertaking to ob-
tain a situation for me under Government. He said
a friend of his, who was very poor, a Member of
Parliament, was anxious to meet his constituents, but
was short of cash, and that if I would advance this
amount, his friend would get the appointment for me
without fail. I never got the appointment.
The Judge (to insolvent)—Did you ever make
any attempt to get situations for these parties ?
Insolvent—l never did.— (Laughter).
Insolvent was then examined with reference to a

transaction with a Mr. Edward Bennett, precisely
similar to the above. He swore positively that Ben-
nett had merely discounted the bills; but this Mr.
Bennett as positively denied. The sum in this case
was 3501.

Insolvent was next examined with reference to a
similar transaction with an individual named Bartlett,
to whom he said he had " taken particular liking"—
(Much laughter)—and got him " put down on Lord
John Russell's private list," that being the very first
step to a comfortable situation. Bartlett was bled by
him to the extent of 360/.
Mr. Allen, in addressing the bench for the insol-
vent, said this was one of the most extraordinary cases
that had ever come before this or any other court. As
to obtaining money under false pretences, he con-
tended that the witnesses having been themselves en-
gaged in illegal transactions—which sales of Govern-
ment situations undoubtedly were—it was not seemly
for them to come and complain of the insolvent, who
was a mere party to these transactions. He must say
that he was surprised to hear young men coming
forward and stating that they had been taken in in
such a silly way.
His Honour said he could hardly pity the witnesses
who had been so foolish as to part with their money
to the insolvent under the circumstances. But he

thought that he was bound for the ends of justice to
inflict some tevAv punishment upon the insolvent,
whose conduct had been of a most gross and repre-
hensible character. It was melancholy to see a per-
son in his station, and, with his family connexions,
degrading himself by defrauding others in this way.
His Honour then ordered that that the insolvent be
imprisoned for one year.-7'aunton Gazette.

RETAINER OF COUNSEL.
The following are the proposed rules of practice
relating to the retainer of counsel submitted to the
judges of the superior courts and to the bar by the
Incorporated Law Society :
General retainers---1. That a general retainer applies
to all courts in which the counsel receiving it usually
practises. 2. That if the counsel should be offered a
retainer by the opponent of the party, having given
such retainer in any other court than that in which
he usually practises, the general retainer entitles the
party giving it to notice before the offered retainer is
accepted. 3. That, except it be lost,
lasts
sonfcoinr according to
joint lives o
any of the following
llowina g rules,
t retainer the
and counsel, or so long as the
I
counsel continuesc in practice. 4. In case a special
retainer or brief is offered to counsel against the
party who has given a general retainer, the coun-
sel is at liberty to accept the special retainer or
brief of the other party, unless within one week
after issue joined ort replication filed a special retainer
he given by the party who ho gave the general retainer.
5. Where a
plyretainer has been given and a
d cosel n any
brief is not gndeliveredeera
to the retaine
givingwhich the gener
retainer is concerned, thwehe
al
e generala
briefre tai niesrgisiveenatitroelya
lost, unless in cases
junior counsel only, and the services6.ofwt
hheerere;
tained counsel appear unnecessary.
general retainer is
given for one person, and he iis
sued or sues with others, and y,
d he defends separate
the retainer is binding, but it is otherwise if he de-
fend jointly.—Corporation and partnership
7. Subject to the f rules,oregoing a
general retainers
retainer :
given for a corporation will continue unless the
_,. a new
corporation be dissolved, or the grant of
charter accepted. 8. When a general retainer is
given for a partnership or firm, it continues so long:
the style of the partnership or firm continues. 9. An
neral retainer may be given for a provisional commit
tee in respect of any subject of acttion or suit by or
against such committee, or any member or members
of it, arising out of the concern in which they are
provisional committeemen.—Special retainers : 10.
A special retainer may be given before the com-
mencement of an action at law or a suit in equity.
11. A special retainer gives the client a right to the
Iservices of the counsel during the whole progress of the
cause, including interlocutory applications, and bills of
exceptions and rehearings. 12. The retained counsel
is entitled to a brief on every occasion in which the