The Sun.
London, England, 1846-06-01 00:00:00

GILES V. GILES.

The Learned Judge (PATTEsoN) also delivered judgment
in this case, the points at issue being pleas upon demurrers,
in which the parties on the one side and the other appear not
to have performed certain conditions of an agreement en-
tered into between them respecting landed property held by
one under the other, the said property being a demise under
a will, made by the father of the parties.
The Learned JUDGE went through the facts, and on the
second plea, pronounced the judgment of the Court to be in
favour of the defendant ; and on the first plea, to be in
favour of the plaintiff.
The full Court then proceeded to hear arguments in the
cases set down in the special paper.

ROBINSON V. HAWKSFORD.

Mr. UNTHANK stated that this was an action brought upon
a cheque, drawn by the defendant in favour of the plaintiff,
and dishonoured when presented for payment, on the ground
that it was not presented in reasonable time. He thought
that such a position could not be maintained.
Mr. COWLING, for the defendant, held that the cheque
should have been presented on the day on which it was
drawn, or at the farthest on the following day. In this case
the cheque had not been presented for nearly a fortnight
after it was drawn, and was then dishonoured as not having
been presented within a reasonable time. He maintained
that the party should suffer by his own neglect, and that the
verdict ought to be enterer' for the defendant.
A long argument ensued between the Learned Gentleman
and the Judges, the latter holding that it should make no
difference when the party presented the cheque; that it
should have been paid, and that not presenting it in what the
Learned Counsel called " reasonable time" was no reason
why it should not be paid.
The Court ultimately ruled the point against Mr. Cowling

BAIL COURT, May 30,

(Sittings in Banco, before Mr. Justice WIGHTMAN.)

BRADSHAW V. LAVENDER.

This was a case of considerable interest to tailors. It
was an action brought to recover the amount of a
tailor's bill, for clothes furnished on order by the plain-
tiff to defendant, and was tried in the Sheriffs' Court,
London, when a verdict, under direction of the Sheriff,
was delivered for the plaintiff.
The defence was, that the clothes were not made ac-
cording to the statute, which enacts that the buttons
and button-holes of a coat must be made of a material
"bound round either with cloth, serge, camlet, or
frieze," and that any tailor infringing the provisions of
such Act shall forfeit a penalty of 40s. ; and also, that
any person wearing a coat made contrary to such
statute, shall forfeit a penalty of equal amount. By a
further clause in the Act " velvet" is excepted. The
Learned Gentleman submitted that " silk" was of the
same material as velvet, and that the Sheriff, in having
stated that to the jury, misdirected them. The verdict,
he contended, should, therefore, have been entered for the
defendant.—Rule granted.

The Act to which the Learned Counsel alluded, is
known as the "Birmingham Button Act," and was passed
in former times for the protection of the Birmingham
Button Trade; the object being to encourage the use of
metal buttons; and it is considered to be a good answer
to a tailor's bill, where he puts silk buttons on his coats,
or works his button-holes with bilk, that he has violated
the statute, and cannot maintain his action ; but it is
not an enviable defence for any man to set up, and the
fraternity of tailors had better look to it.

SECONDARIES' COURT, May 30.
(Before Mr. Secondary JAMES and a Special Jury.)
FATS IMPRHIONMENT.-ASHURST V. TOLMIN.

This was an action to recover damages for false imprison
ment.

Sergeant WILKINS stated the case. He said that the
plaintiff, Mr. William Henry Ashurst, was a gentleman of
great respectability, and well known in this city, and the
defendant is a teacher of music. He (the Learned Counsel)
had been many years in the profession to which he belonged,
and actively engaged in it, and he would say that he never
knew of a more wanton outrage of the feelings inflicted on
any man than had been inflicted by the defendant on the
plaintiff, and he thought the jury would be of the same
opinion when they heard the details. It was extraordinary,
too, that the defendant had not only not pleaded, by which he
admitted his liability to pay damages for the unjustifiable
imprisonment the plaintiff had been subjected to, but did
not now appear in person or by Counsel, to justify his act
or mitigate the damage, but appeared to set,
the law at defiance without apology or extenuation.
The facts of the case were these :—On the 6th of March
between ten and eleven o'clock, the plaintiff was going to
Tavistock-square, in his carriage, from the Hanover-square
Rooms, and when turning out of Regent-street, at the corner
of Oxford-street, the defendant drove up at a rapid pace in
a gig, and to avoid collision defendant was compelled to
draw up his horse so tight that the shafts were broken. De-
fendant then got out of his gig, and after plaintiff had given
his address, and several persons in the crowd had said they
knew him very well, the defendant called a policeman, and
gave the plaintiff into custody on a charge of wilfully
damaging his gig, and although the constable also said
lie knew the plaintiff as a highly respectable man,
the defendant insisted on his being taken to the
station-house. The plaintiff refused to go unless
actually taken into custody, which defendant, against the
remonstrance of plaintiff and the people about, insisted on,
and he was then taken away, obliged to leave his two
daughters in the carriage unprotected, and suffering from the
alarm naturally felt under such circumstances. The plain-
tiff was, however, set at liberty when the inspector heard
the case.
The Learned Counsel called evidence, bearing out his
statement. . _ _

The SECONDARY summed up, and said the plaintiff was
well known, he was a man of eminence in his Profession.
The defendant had admitted his responsibility, and had evi-
dently acted very rashly in refusing to take the plaintiff's
address when so strongly corroborated. It was for the jury
to consider what was a sufficient damage, and they ought
not to allow their feelings to be carried away beyond the
bounds of moderation, _

The jury consulted for tett minutes, and gave a verdic,
for 5/. _ _

Sergeant Wilms—Do I understand right-51. ?
The SECOIDARY—That is the amount, 1 believe.
The Foreman—Yes, 51.

POLICE INTELLIGENCE.
MARLBOROUGH-STREET.

Ellen Davis, a young and good-looking female, respectably
dressed, was charged with uttering a counterfeit half-
sovereign under the following circumstances :—Between five
and six o'clock on Friday afternoon, the prisoner entered the
shop of Mr. Karl Ireson, of No. 1, Conduit-street, Regent-
street, perfumer and hair-dresser, and asked for a bottle of
the very best Eau de Cologne. One was handed to her, and
she placed a good sovereign on the counter to pay for it.
She then said she would take two bottles ; they were handed
to her, and also the change for the sovereign she had put
down, viz., a half sovereign, and three shillings in silver.
She demurred to the low price charged for the
Eau de Cologne, stating that the nobleman's family
she was rtsiding with had invariably paid ss. per bottle for
it, even when residing at Dover. She afterwards told the
prosecutor that she was directed by her mistress, Lady Hare-
wood, of Harewood-place, Hanover-square, to request
him to attend there to dress " two of the young ladies," and
added that perhaps he had better make up a packet of three
bottles of Eau de Cologne, with a bill, and take them with
him when he went to Harewood House. She then put
down apparently the change Mr. Ireson had given her, re-
questing that the sovereign she had paid might be returned
to her. Mr. Ireson, however, discovered that she had ma-
naged to substitute a spurious half-sovereign for the good one
he had given her. He directly challenged her
with the fact, but she denied it, professing
to be extremely indignant at his making such an accusa-
tion against her. Mr. Ireson felt confident he was right,
and sending for a police constable gave her into custody. He
had since ascertained that the whole of her statements re-
garding Lady Harewood was a fabrication. On her being
searched at the station-house the good half. sovereign ?dr.
,
Ireson had given her was not found. She is supposedhter
have swallowed it, as she was seen to put something into _
mouth. She refused to give any account of herself, and was
remanded until Thursday next.

MR. JUSTICE COLERIDGE.—We are happy to hear that
this Learned Judge is daily improving in health;
The inauguration of the Northern
stop R
ataAilinroleand,,i,svifixreeda
for the 14th of nest month. The train will
breakfast will be prepared far the personstlinvitewd,illaibideawrielituarricivtreaaint
Lille in the afternoon. At eleven at nightthere
for Paris for a portion of the company. The remainder will, on the
following day, proceed from Lille to Brussels, where the opening of
the line will be celebrated with great pomp.—Ga ?gleam.
Sir Robert Peel entertained a select circle of political
friends at dinner on Wednesday, at the family residence in White-
hall-gardens.
A STURGEON IN THE THAMES.—Thursday morning
a large sturgeon of seven feet in length, was discovered
hotN'eeretiddenheaarvitnhge
Adelphi Pier, rolling about in the mud and water,
receded so far as to leave it no hope of escape. The discovery was
made by two men on board the Twilight steamer, who secured the
prize and carried it to the Lord Mayor, when his Lordship presented
them with 51. His Lordship intends forwarding the fish to Bucking..
ham Palace, as a present to her Majesty.
A hater from Rome, in the Augsburg Gazette,states
that the Papal Government has received confidential onfidential communica-
tions from London and Paris, announcing that the revolutionary pro-
pagandists in those capitals are actively
tut Attcmpts At iLISUZIeCti9iI "Utthg
t"C""

EMIGRATION TO THE UNITED
STATES, Sce
_•

In consequence of the disaster which happened some I
months since to the ship Robert Isaacs, which had emi-
grants on board for the United State', and proved to
have been unseaworthy, her Majeity's Colonial Land
and Emigration Commissioners gave directions that
every vessel, which intended to take emigrants, should
be examined as regards her seaworthiness, and the law
relating thereto strictly complied with. They issued an
order—
" That all vessels which were not registered at Lloyd's, or
which being registered and classed lower than the second
description of the first-class, should not be considered eligible
by the Government Emigration Agents for the conveyance
of passengers, without having been first subjected to an exa-
mination by Lloyd's surveyors."
These surveyors, mistaking their duty, refused to pass
ar.y American vessels unless they complied with all the
arbitrary rules laid down at Lloyd's as necessary, in
order to be classed on their books. In consequence,
several of the new and first•elass New York packets,
and others, were denied the privilege of taking passen-
gers, at a time, too, when the rate of passage was very
high. This caused great excitement among the Ame-
rican shipmasters, and others interested—as it would
throw this important part of the intercourse between
the two countries into British ships alone, to the exclu-
sion of American— and caused a very bitter feeling.
We are happy to learn that, through the representa-
tion of General Armstrong, United States Consul at
Liverpool, who is ever watchful of the interests of his
countrymen, other surveyors have been appointed, who
perform their duty to the satisfaction of all parties.
Upon this subject, the following communication has
been addressed to General Armstrong :
" Colonial Land and Emigration Office,
9, Park-street, IV estmin=ter, April 27, 1846.
" Sir,—l am directed by the Colonial Land and Emigration
Commissioners to acknowledge your letter of the 22d instant,
received on Saturday, and to assure you that the Commis-
sioners are very desirous that no unnecessary obstruction
should be presented to the sailing of any vessel which is fit
for her intended voyage. The nature of the agency through
which the survey of emigrant ships should be effected is under
consideration, and will be decided before the end of the pre-
sent week. But, in the meanwhile, lam desired to acquaint
you that the Commissioners take the same view which you
have expressed, that the seaworthiness of the ship is the
only question to be determined, and that they have already
furnished their officer at Liverpool with instructions which
will enable him to consent to the clearance without delay, of
any ship respecting which he is satisfied that she is sea-
worthy, so as to be fit for her intended voyage.—l have the
honour to be, Sir, your most obedient humble servant,
" J. WALCOTT, Secretary.
"R. Armstrong, Esq., United States Consul, Liverpool."
—Widmer and Smith's European Tim's.