The Sun.
London, England, 1846-04-20 00:00:00

Tina SUN,
_____LONDON, MONDAY EVENING) APRIL 20, 1846.

out execution for the 3s. 4d., and it was for the arrest
for that amount that compensation was now sought.
Brown, the clerk of the County Court was then
examiced, and proved that the warrant had been taken
out on the 28th of Mey, and given to the officer for
execution on the following day ; but that it was most
probable not until eleven o'clock on the day that it had
been taken out, because upon a reerence to the books,
he found out there had been twenty-five others taken
out before it.

By Mr. Baron ALDERSON—He saw that there had
been fifty-four other executions entered as taken out on
that day, and eighty-four in that week. In the course
cf the year there had been about 5,000 taken out, and
all for small sums. Some time since there had been an
alteration in the law, and then the business of the court
had very considerably diminished, bat upon a subse-
quent alteration, which renewed the power of arrest to
increased.
Mr. court, it had again
Mr. JERVIS—Yes, my Lord, that is so ; when the
power of arrest was abolished all the officers and clerks
of these courts received a handsome compensation, and
since another Bill has been brought in restoring the
power of arrest, and the system is now being carried
out more extensively than ever.
Examination by the COURT resumed—Before the
warrant was sent out of the office some one, as the re-
presentative of the defendant, the then plaintiff, came,
and by his instructions he struck out the whole of the
debt and costs for which the present plaintiff was to be
taken in execution; thus leaving the amount of the claim
against him the cost of the warrant—namely, 3s. 4d., for
which sum ho was eventually taken.
Mr. Baron ALDERSON—Then the truth is, that if the
warrant had not been taken Out, there would have been
no debt against the plaintiff ? Witness—Jukt so, my
Lord.

Mr. Baron ALDEnsoN—That is what has struck me
upon your evidence. Gentlemen of the Jury, it is a
most serious thing that every man in London should be
liable to such a course of proceeding as this.
Examination resumed—When the application was
made for the warrant, the debt remaining due was 1/.
12s. 11d. ; then to that was added ss. 4d. for costs, and
also the 3s. 4d. for the warrant, making together the
sum of 21. Is. 71d. Then he had struck off 11. as having
been paid, leaving a balance of IL Is. 711 d. The plain-
tiff, however, before the execution of the warrant, paid
184. 31(1., leaving the cost of the warrant, 3s. 4d., and
for that he was arrested.
Mr. Baron ALDnu.soN—Then it would be to the ad-
vantage of the officers of the Court that the warrant
should be taken out? Witness—No doubt it would, for
in truth they have nothing else to live upon.
Other witnesses were then called, who proved the
payment of the money at least twenty minutes before
nine o'clock on the morning on which the execution of
the warrant was applied for at eleven o'clock. It was
also proved in cross-examination that the collector, the
defendant's agent, who is now dead, was not aware of
the payment of the money at the time of his obtaining
the execution.

Steely, the officer, who had executed the warrant,
stated that when the defendant objected to pay the 3s. 4d.
he had told him that if he would make an application to
the Court the sum would be returned to him if his state-
ment were correct. The plaintiff, however, took him to
his solicitors, by whose advice he paid the sum under
protest.

Mr. IiumFREY, on behalf of the defendant, submitted
that this proceeding hall arisen out of an nnintentional
mistake on the part of a man who had long since died,
who had acted as the agent of the defendant. The latter
had had no cognizance of any part of the proceedings.
The question of the jury would be, whether, at the time
that the agent had quitted his home, he had done so with
the intention of issuing the warrant of execution.
Mr. Baron ALDERSON said that the evidence went to
prove that he had not.
Mr. HU3IFREY agreed with all the remarks his Learned
Friend had made as to the evil arising out of the prac-
tice of these Mall courts, but then he was inclined to
be of opinion that neither his Learned Friend nor him-
self should complain of them, seeing that through one
of their mal-practices the present case, although 3s. 4d.
was the real origin of the proceeding, had come into
their hands.—(Laughter.) They could not practice in
the small court, and therefore these evils arose; where-
upon, in order to correct them, the parties were com-
pelled to appeal to that Court, and the personal aid of
his Learned Friend and himself.—(Renewed laughter.)

It was a matter for regret, however, that this action
should have been brought, becaus' its cost, in any way,
must be fifty or sixty times the 3s. 4d. He could not
help regarding the case as an attorney's action.
Only see what a fine bill of costs there would be. It
would open thus:—" To advising you whether or not
you should pay the 3s. 4d., under protest, Gs. Bd.
There was double the sum in dispute."—(Laughter.)
Then that would be thus followed up—" To giving
deeper and longer consideration to the matter, and ad-
vising you to pay the 3s. 41, under protest 13s. 4d."
There went a pound at once—(Continued laughter)—
" Upon hearing that you would receive back the money
if you appLed at the County Court in a week, and on
consideration advising you not to make the application
at that court 133. 4d.;' and then " to advising you to
bring the present action in the Court of Exchequer
13s. 4d."—(Roars of laughter)—and so on. That would
be the result of the proceeding, and deeply was it to be
lamented that such things were. As far as the de •
fendant was concerned, he knew nothing about the
affair. It was quite clear that a mistake had been
made, and therefore he submitted that the smallest of
damages would be an ample compensation.
Mr. Baron ALDERSON told the jury the plaintiff any
way was entitled to the 3s. 4d., and the❑ they must say
what sum he ought to have for the mistake that had
been made.

The jury, after a long consultation, returned a ♦erdict
..or the plaintiff—for the 33. 4d., and one farthing for
;he damages sustained.

STATE OF TRADE.
FOREIGN WOOL TRADE, LEEDS, APRIL 17.—There has
been no apparent change in this branch of trade during the
past week, either as regards sales or prices.
ENGLISH WOO L MARKET, LEEDS, APRIL 17.—We can-
not report anyimprovement this week. The demand re-
mains very languid, arid last week's quotations are not gene-
rally realised in the sales of this week.
LEEDS.—At the Cloth Halls this week there has been two
of the dullest markets we have had-for a long time past.
The merchants continue to purchase as little as possible to
order only ; prices are rather lower upon finer goods, although
the stocks are exceedingly light for the season, with no dis-
position on the part of the manufacturers to increase the pro-
duction. There has also been a very dull week for business
in the warehouses; very few buyers have been at market,
and their purchases have been light.
BRADFORD MARKET, lIIIMSDAY.—There were more sales
in combing wools to-day than for some weeks past. The
staplers are now desirous of clearing off their old stocks for
the new clip stock, and lower prices are taken. Noils and
other short wools are scarce, and fetch good prices. There is
also more business transacted in the yarn market. The
export houses are obliged to order the sorts they want, as
there are no stocks to choose from. A well informed gentle-
man informed us the Russian export trade in yarns has very
much fallen off on account of the Russians having got so
many spinning frames at work. More frames are now em-
ployed than fur the last few weeks in Bradford. We;may
observe that in all its departments our market assumed a
more cheering aspect. There was a good attendance of mer-
chants, and many pieces changed hands.
MANcilicszEir, THURSDAY EVENING.—We have had a
much better inquiry to -day; in fact, many more extensive
sales in shirtings than for some weeks past, and the demand
has been so considerable as to enable the manufacturers to
realise a small advance on nearly all qualities. The very
low prices have no doubt induced speculators to operate most
extensively. Printing cloth is also fully as dear. Twist
commands from Ad. to id. per lb. advance on export qualities,
but as the advance on the staple is fully as much, the posi-
tion of the spinners is not improved.
NOTTINGHAAL—The wrought cotton hose branch is a
shade improved, when compared with its state at Christmas.
The cut-up hose hands have full employment in general. The
glove trade, whether of silk, cotton, or warp, is pretty goad.
The drawer branch is rather better, and the shirt trade still
continues to survive all the competition of power-propelled
frames. The silk hose manufacture has got so low that it
has become half extinct. The fancy lace trade is worse than
ever, and nothing but despair pervades the minds of even the
most sanguine machine owners. There is no amendment in
the warp lace trade. The warp jack and glove trade is
pretty good, whether lace or plain Berlin.—Notting/,am
Review.

4.IOESTER.—As this is holiday week, nothing has been done
to give a new tone to the market, which remains in the same
inac.ive state as for weeks past. It is expected that Sir
Robert Peel's measure relative to the proposed railway com-
panies, will hare the effect of improving the money market,
thereby producing to some extent a revival in the home
trade. The American President's Message to the Senate, re
e,eived by the Hibernia, is viewed in a dubious light by the
trade, and rather tends to discourage than excite manufac-
turers for the American market. Wools and yarns continue
very flat.—Leicester Journal.

'n our Loughborough Petty
Mer-
cury of March 28, we inserted, i
" Can this be true ?"
Sessions Report, a paragraph
twenty-one headed
was
FRUITS OF LOUGHBOROUGH JUSTICE.--In the
It related to the case of James Jarvis, aged7s, who
charged by the officers of the Barrow Union as a refractory
pauper, because he refused to work at the pump—and who
was committed to the House of Correction to bard labour for
upon the faith of the medical officer's certificate that Jarvis
was able to work, although the old man himself declared that
the work did him harm. Well, the old man was sent to the
that last abodselr wt
days--the Bench acting, in so committing him,
as it may, this House of Correction, where we have no doubt he was treated
with far more mercy than the reverend magistrates (Messrs.
Dudley and Ackworth) evinced when they coolly signed his
commitment We believe, too—but are not certain on this
point—that the bard labour was not enforced by the prison
authOrities, in the usual sense of that phrase. liut be that
tion of hi • •
hTehreurtshdeaywmicokrnedi negeawseitfnreosmsetdrothuebltienrgm, termina-
tion imprisontnent ; but it also found him prepared for
PI weary are at rest." The old man died that very morn-
ing, the immediate cause of his decease, we understand,
being ery •
81Pe.asi. How far this disease was the consequence
I of imprisonment, his change of air, and natural irritation of
nynd at finding himself inside a prison—perhaps for the first
time in his life—we pretend not to say.—Leicestershire
shaking
.3fercury.
On
eiePrEi
nllAhc: HOTELS.—We these establishment& the practice of gambling is carried on
and continued till after midnight, and that a case of this
kind occurred on Monday night last, at a Temperance Coffee
hear that in some of
House inoßfrdigicgea,tea,tktewpot byaperson of the name of Foster,
where the attentionof the police was attracted by the
rlivriotvhe that vicious
o'clock in the morning of Tuesday.
house, a scene was exhibited which would
have disi;raced the worst conducted public-house or beer-
811°P. NO fewer than eleven men of the working class were
engaged in playing at different games of hazard with money
oa the table and under all the excitation of gamesters. We
ilez) not adduce this as a, specimen of the way in which
t mperance hotels are generally conduCted, but. rather .to
this isv a h practices
wa cet i elle: v
eare e sometimesase
t e
Y no means a singular case.—Leeds Itfercuq.
very goodynames,
UN'
that
This mYorEl.tsrry INTELLIGENCE, OXFORD, APRIL 17.
Mr. Edwardnin Mr. Arthur De Butts, 8.A., of Trinity College;
Williami Post, 8.A., of Oriel College; and Mr. John
tleman obtainedar B.A, of Worcester College (the latter gen.
to believe combined
the Newdegate prize last year), were elected
the vacant fellowships at Oriel College, two of which were
caused by the secession from the Church f F I dof
o ,ng an the
rev. John Henry Newman and Mr. Albany James Chriatie.