The Sun.
London, England, 1834-11-19 00:00:00

MOTIONS.

In answer to a question from Mr. Tinned his Lordship
stated that it was his intention to take motions to-morrow.
He had determined originally to take no more motions be-
fore resigning the great seals, but as he had been informed
that there were many that pressed he would take them to-
morrow, which would probably be the last day of his sitting,
unless the parties in the " Attorney-General v. Shore" con-
sented to have the arguments in that appeal concluded be-
fore him.

The arguments in the part heard appeal of " Kennedy v.
Green" were resumed and had not concluded when we left
the Court.

Nothing of any public interest occurred in either the
Rolls or Vice-Chancery Courts.

BAIL COURT.-(THIS DAY.)

(Before Mr. Justice LITTLE.DALE.)

The Court took motions this morning, but there were
none of any public interest up to the time our reporter left.

COURT OF KING'S BENCH.-(THIS DAY.)

THE KING V. THE INHABITANTS OF ST. MARTIN'S.

This was an appeal from an order of the overseers of
the parish of St. Martin's, for the settlement of a pauper
named Mary Simpson, tried before the magistrates at Ses-
sions, in which the order of settlement had been confirmed.
A rule had been subsequently obtained to show cause why
a new trial should not be had on the ground that the Ma-
gistrates at Sessions had admitted evidence which was from
its nature illegal.
Mr. HUMPHREYS now appeared in support of the rule.
At the trial it was proved that Thomas Simpson, deceased,
held certain premises in Peacock-lane, at he yearly rent of
11/. from Mr. -Walker, and for the purpose of proving the
terms of the agreement, Mr. 'Walker, son to the landlord,was
called to prove the agreement between the parties. The
witness said he had no memory of the transaction, but by
reference to a certain document drawn up by him as the
agent of his father, and signed by the pauper, and he was
then permitted to refer to the book in which the agreement
had been drawn up, for the purpose of refreshing his me-
mory. The Learned Counsel contended, that the agree-
ment could not be referred to, as it was not stamped ; and
if the case rested upon parole evidence, the witness had no
right to refer to a. document which was inadmissible as evi-
dence. The witness had stated, that for the purpose of pre-
venting mistakes, the agreement had been reduced to writ-
ing, and the Court would find by the case of Hodges
v. Draper, New Reports, that if a parole warranty be re-
duced to writing, and not stamped, it is void. In the pre.
sent case the document was to all intents and purposes a
lease, and, not being stamped, was inadmissible.

Mr. TOLLETT and Mr. WHITE followed on the same side.

Lord DENMAN said it was quite clear that if the docu-
ment in question was a lease or agreement, the Sessions had
done wrong in permitting it to be given in evidence ; but it
appeared to him that it was a mere memorandum, signed
by Simpson's wife, without having shewn any authority from
her husband. The question then was whether they were
not at liberty to rrove the letting by parole evidence, and
permit the witness to refresh his memory by referring to the
document. In his opinion the Session had done what was
right, and he saw no grounds for questioning their decision.
The rule must therefore be discharged.
The other Judges expressed themselves of the same opi-
nion.-•• Rule discharged.

COURT OF COMMON' PLEAS.-(THIS DAY..

SHEPHERD V. TAYLOR.

This was an action for goods sold and delivered, which
was tried on Friday last before Mr. Justice PARE, at
Guildhall, when a writ of error was allowed.

Mr. Sergeant WILDE now moved for a rule to show
cause why the plaintiff might not issue an execution against
the defendant, notwithstanding the writ of error.—Take
a rule.

HALL V,

This was an action for a breach of two covenants in a
lease, and Mr. Sergeant WILDE moved for a rule to show
cause why the declaration should not be sent to the Pro-
thonotary for revision, as it extended to the enormous and
unnecessary length of 80 folios.—Rule granted.
There was no case of any importance brought on up to
the time we went to press.