The Sun.
London, England, 1856-06-25 00:00:00

CITY SHERIFFS' COURT.—(This Day).

(Before W. Prendergast, Esq., Q.C.)

STOCK JOBBING-JAMES BENJA3/IN WELLS V. DUVAL.

This was an action to recover the sum of 301. under
the following circumstances :—The defendant bad
formerly been a member of the Stock Exchange, but
had ceased to be so, but occasionally acted as an agent
to purchaso stock, and in the present instance he was
applied to by plaintiff to purchase 2,0001. Consols at
921. 17s. 61, which he did on the 26th February last,
for the account of the 11th March, but it was alleged
that through defendant not having bought or sold
at the time directed, a loss bad been sustained, and
plaintiff sought to recover back the stun of 301.
part of a larger sum paid as a deposit. It
was contended for the plaintiff that under the
Act 7, Geo. 2d, c. 8, made perpetual by the
10th George 2d, c. 8, these time bargains were illegal.
Therefore the defendant had no right to retain the
money ; but on the other hand, it was urged, on the au-
thority of the cases Langton v. Hughes, 1 Manle and
Sel. ; and Foster v. Taylor, 5 Barn and Ad., that where
the money had been advanced for an illegal purpose, it
could not be recovered back, being contrary to the
policy of the law. It was also contended that defendant
not being a broker on the Stock Exchange, and there-
fore compelled to employ a broker, he was only an
agent, and therefore not liable.

After a long argument on this point, his Honour re-
served his judgment.
Defendant, however, offered to pay 101., which was re-
fused.

POLICE INTELLIGENCE.—(This Day.)

BOW-STREET.

DEFRAUDING THE Excise.—Chas. Lipman appeared
to answer a summons from the Inland Revenue charg-
ing him with having sold spirits without a licence.
John Bagster stated he was a supervisor of Excise,
and on the Sth of April last he went to a house kept
by Lipman, No. 14, James-street, Haymarket. He
had a licence to sell beer and tobacco. The shop was
fitted up as a coffee-room ; and on explaining to Mrs.
Lipman the nature of his business, he proceeded to
examine the premises, and in a cupheard he found a
quantity of bottled beer. Mrs. Lipman was standing
with her back to the wall, and on being requested to
move, a panel was pushed back, and it discovered
another cupboard, in which he found a bottle of rum,
half a bottle of whisky, a bottle of champagne, two
bottles of sherry, and a pint bottle of claret. The
wife of Lipman said the wine was used for cooking
purposes, the spirits they drank, and the cham-
pagne was left there by a friend. There was
a little board over the fire-place which stated that
wines and spirits were to be paid for in advance.
Cross-examined—There was no brass knob to pull the
pannel back. The whole quantity of spirits seized was a
pint and a half. They had had complaints relating to
the same house before the present proceeding, and also
since they commenced.
Fred. Patridge, another officer in the Excise, corro-
borated the evidence of Bagster.
The solicitor for Lipman said that the facts as stated
were not denied, but he should be able to show that the
wines were kept for cooking purposes, Lipman's house
being a restaurant. The champagne, he should also be
able to prove, was left a short time ago as a sample.
He contended that this was an exceedingly hard case ;
the defendant was a foreigner, and there was not one
single word in the licence cautioning such pei sons against
keeping spirits on the premises.
The solicitor for the Excise said it was extraordinary
that the wine, which it was stated was for cooking . pur-
poses, should be kept concealed in the place in which it
was found.
Mr. Jardine fined Lipman in the mitigated penalty of
121. 10s., being a quarter of the sum mentioned in the
act.

OATII OF ABJURATION BILL.

HOUSE OF LORDS.--MONDAY.

MAJORITY—PRESENT.
Harrington Salisbury
Lucan Winchester
Mansfield BARONS.
Morton Abinger
Macclesfield Bagot
Pomfret Bayning
Powis Berners
Romney C4lthorpe
Stanhope Colville of Culross
Stradbroke Churchill
Shaftesbury Colchester
Selkirk Clinton
VISCOUNTS. Dynevor
Bangor Dunsandle
Bolingbroke Gray of Kinfauris
Combermere Grantley
Dungannon Kenyon
Midleton Rayleigh
Strathallan Redesdale
Sidmouth Southampton
BISHOPS. Sondes
Bangor Sandys
Oxford Tenterden
Rochester Walsingham

ARCHBISHOP.
Canterbury

DUKE.
Buccleuch
MARQUISES.
Bath
Drogheda

EARLS.
Abergavenny
Bantry
Beauchamp
Bandon
Cadogan
Cawdor
Courtown
Carnarvon
Delawarr
Don oughmore
D• abigh
Do3art
Derby
Dart mouth
Egmont
Eglinton
Harrowby

PROXIES,
Limerick
Lauderdale
Mayo
Nelson
Orford
Ponlett
Roden
Rosslyn

DUKES.
Hamilton
Northumberland
Rutland
Richmond

London
Lincoln
Poterborough
Ripon

B :IRON S.

MARQUISES.
Winchester
Downshire

Berwick
Casticmaine
Clarina
Cloncurry
Crofton
Da Saumarez
Da Lisle
Hawke
Polwarth
Plunkett
Sinclair

EARLS.

Beverley
Buckinghamshire
Bathurst
Chesterfield
Clanwilliam
Enniskillen
Ferrers
Guildford

VISCOUNTS.
Gage
Melville
BISHOPS.

Cashel
Chichester
ly
Exeter

MINORITY—PRESENT.
Kingston Carrington
Minto Cremorne
Morley Congleton
St. Germans De Manley
Somers Denman
Zetland Foley
BISHOPS. Glenelg
Bath and Wells Leigh
Hereford Lilford
St. David's Londesborough
Worcester Lyndhurst
BARONS. Monteagle
Alvanlay Overstone
Byron Raveusworth
Bolton. Saye and Sole
Camoys Vaux
Campbell Wrottesley
PROXIES.
Brougham, Lord Fingall, Earl
Camperdown,Earl Fitzharding, Earl
Chester, Bishop Glasgow, Earl
Cork, Earl. Gosford, Earl
Dufferin, Lord Godolphin, Lord
Dunfermline, Earl Gardiner, Lord
Dormer, Lord Grey, Earl
Derry, Bishop Harris, Lord
Erskine, Lord Hatherton, Lord
Ellesmere, Earl Lyttleton, Lord
Falkland, Vis. Leinster, Duke
Fitzwilliam, Earl Leicester, Earl
PAIRS.

Lord Chancellor

DUKES.
Argyll
Newcastle
Somerset
MARQUISES.
Clanricarde
Conynghana
Headfort
Lansdowne

EIRLS.
Abingdon
Albemarle
Burlington
Chichester
Fortescue
Granard

Monson, Lord
Mostyn, Lord
Massareene, Vis.
Manners, Lord
Radnor, Earl
ttossmore, Lord
Sutherland, Duke
Suffolk, Earl
Stafford, Lord
Stair, Earl
Truro, Lord
Vivian, Lord

Fon.
Granville, Earl
Dorchester, Earl
Devonshire, Duke
Portsmouth, Earl
Stafford, Earl
Donegal, Marquis
Grafton, Duke
Bedford, Duka
De Freyne, Lord
Stourton, Lord
Ribblesd ale, Lord
Holland, Lord
Howden, Lord
Arundel, Lord
Lovelace, Earl
Clifden, Viscount
Essex, Earl
Durham, Earl
Durham, Bishop
Manchester, Bishop
Lurgan, Lord
Shrewsbury, Earl
Kenmare, Earl
Lovat, Lord
Petre, Lord
Lothian, Marquis
Wharncliffe, Lord
Wodehouse, Lord
Wicklow, Earl
Clarendon, Earl
Ripon, Earl
Cowley, Lord
Cleveland, Duke
Norwich, Bishop
Erroll, Earl
Portman, Lord
Strangford, Viscount
Broughton, Lord
Milford, Lord
Stanley, LOrd
Panmure, Lord
Airlie, Earl
Carlisle, Earl
Bessborough, Earl
Spencer, Earl
Sydney, Viscount
Sudeley, Lord
Rosebery, Earl
Breaclalbane Marquis
Poltimore, Lord
Stuart of Decies, Lord
Ailesbury, Marquis
Cottenham, Earl
Townahend, Marquis
Enfield, Viscount
Scarborough, Earl
Ashburton, Lord
Kinnaird, Lord
Dacre, Lord
Craven, Earl
Lindsey, Earl
Clare, Earl
Aberdeen, Earl
Sligo, Marquis
Wellington, Duke
Willoughby, Lord
Norfolk, Duke
Howard deWalden,Ld.
Yarborough, Earl
Camperdown, Earl

AGAINST.
Hardwicko, Earl
North wich, Earl
Onslow, Earl
Delamere, Lord
Ely, Marquis
Glengall, Earl
Ranfurley, Earl
St. John, Lord
Kinnoull, Earl
Maynard, Viscount
Talbot, Earl
Warwick. Earl
Mountcashell, Earl
Forrester, Lord
Kilmaine, Lord
Hopetoun, Earl
Waterford, Marquis
Middleton, Viscount
Kintore, Earl
Keane, Lord
Ward, Lord
Stamford, Earl
Clonbrock, Lord
Do Ros, Lord
Farnham, Lord
Jersey, Earl
Manvers, Earl
Ross, Lord
Canterbury, Viscount
Wilton, Earl
Ailsa, Marquis
Bateman, Lord
Vane, Earl
Armagh, Archbishop
Winchilsea, Earl
Bradford, Earl
Mahnesbury, Earl
Mornington, Earl
H
a,a.ndAedssing
ba oP 'unßg' his, ha
Earl
pa
r
Buckingham, Duke
Clancarty, Earl
Salisbury, Marquis
Lonsdale, Earl
St. Vincent, Viscount
Hawarden, Viscount
Darnley, Earl
Templemore, Lord
Beaufort, Duke
Cathcart, Earl
Orkney, Earl
Longford, Earl
Doneraile, Viscount
Exeter, Marquis
Harewood, Earl
Sheffield, Earl
Hill, Viscount
Verulam, Earl
Effingham, Earl
Blaney, Lord
Faversham, Earl
Ellenborough, Earl
Methuen. Lord
Lifford, Lord
Downes, Lord
Lichfield, Bishop
Llandaff, Bishop
Aylesford, Earl
Raglan, Lad