The Sun.
London, England, 1833-11-16 00:00:00

111171N4112t X XANCO.

MALLAIN V. IRVINE.

This was an action of trespass for an illegal distress, and
had been tried during the sittings after last term before
Lord Chief Justice Tindal, when a verdict was had for the
plaintiff, with liberty to the defendant to move the C,,urt
for leave to enter a nousuir. The facts proved on the
trial were as follows :—The plaintiff held a house of the
defendant, under en agreement to hold for twelve
months certain, at twenty pounds per annum, to be
paid quarterly, or half-quarterly, if requited ; and that
six months' notice should be given by the tenant before
surrendering possession of the premises. The occupation
continued fur upwards of a year, and the rent had been
demanded and paid quarterly, as appeared from the
defendant's receipts produced, and proved at the trial.
Some time after the termination of the year the defendant
levied a distress without previous notice to the plaintiff, and
fur th a distress the action was hrou4ht.
Early in the present term, 111 r. Sergeant TALYOURD,
pursuant to leave reserved, obtained a rule calling upon
the plaintiff to snow cause why a nonsuit should not be
entered.

Air. Sergeant WILDE now showed cause. The ques-
tion before the Court was really the construction of the
agreement which had been entered into between the
parties. He contended that, looking at the manner
the parties had acted during the whole of the year of
tenancy, the defendant had made his option and elec-
tion to receive the rent quarterly ; and having so made
his election, he could not legally levy a distress for a bait
quarter's rent under the words in the agreement, " to be

paid half quarterly, if required," without making a de.
maw! for payment. No such demand had been made,
and he therefore submitted that the distress was illegal,
and the verdict must consequently stand.
Mr. Sergeant Tatrounn, in support of the rule, con-
tended that the distress itself was such a notice or demand
as tottisfisi the terms of the words in question.
The Court said that the question for its decision arose
sn!ely upon the construction of the agreement which had
been produced. In the opinion of the Court, the reason-
able construction of the agreement was, that the tenant
meant by it to bargain that he should have some notice
from the landlord before a distress should he levied upon
him. Indeed, on the evidence in the c.ise, it would seem
that the landlord had made his election to receive the rent
quarterly, and it would therefore be a most unreasonable
construction to say ,that after that election the tenant
should suddenly be liable to half quarterly payments, and
in case of default, to be fixed with the costs of a distress.
On these grounds the rule must be discharged.

COURTMA RTIAL.—A general courtmartial
was opened last Monday in Dublin, to try Ensign Stirling,
of the 64th Regiment, for wilful and gross perjury com-
mitted by him on the trial of Lieutenant Ewing, of the
same regiment, in August last. On the cross-examination
of Ensign Stirling on that occasion, the following ques-
tions were answered by him :—.Did you ever say to Mr.
Antony Connelly that you had given me (Lieut. Ewing)
101. in exchange of horses ?—No, never. Did you ever
say the same to Mr. Bernard Connelly ? No, never.
Did you ever say the same to Timothy Burke ?—No,
never. Did you ever siy the same to any one at any
time ?—No, never. The gentlemen here mentioned were
sub,eqtiently examined, and flatly contradicted Ensign
Stirling : Lieutenant Ewing was acquitted, and, by order
of Lord Hill, Ensign Stirling was now to he tried 'or
perjury, in giving false answers to these questions. The
Judge-Advocate stated that Ensign Stirling was highly
connected, and that his character up to this transaction
was most respectable. The prisoner pleaded not guilty,
but his counsel admitted the accuracy of the questions and
answers given on the trial of Lieutenant Ewing ; nod the
Messrs. Connelly were again ttrought forw ird and gave
the same testimony. Several officers of the 64th Regiment
give the prisoner an excellent character, and the sentence
will not be known until confirmed by the King. The
trial of an officer for perjury is not known ever previously
to have occurred, their offences being generally a breach of
some matter of discipline. The prisoner was brought into
court under charge of Ciptain Goring, and was not al-
lowed to wear either his sash or sword.
The shipmates of John Ayres, cook to
Captain Ross on his late expedition, have subscribed for
a tomb, which they intend having erected over his grave
in Shadwel Churchyard, where he was buried a few days
since, being carried to the grave by four of his late ship
mates, six others supporting the Union jack, which was
used as the pall. Several persona offered to subscribe
towards its erection, but their offers wrre declined, as his
companions were anxious to erect it solely at their OWII ex-
pense, as a tnaik at their regard for one who had shared
with them their extraordinary difficulties and dangers.
An appropriate inscription will be engraved on it, record-
ing the principal events of his life in having accompanied
the list and two former expeditions to explore t;,e. Arctic
regions.

EXTRAORDINARY SHOOTING.—A young
gentleman not 10 miles from Watergate, went out last
Saturday morning, with a single-barrelled gun and one
dog, and in two hours and a half brought home the amaz-
ing quantity of twenty-six brace of birds.—From a
Dewsbury Correspondent.—Sparrows, perhaps !
Wakefield Journal.
DISAPPEARANCE OF THE CHOLERA AT
WHITBY, Nov. 7.—We have great satisfaction in
announcing, that a written document, signed by all the
medical practitioners of Whitby, was laid before the Board
of Health, of that place, at one of their recent meetings,
stating " that the malignant cholera has been gradually
abating for some time, that not a single c Ise has occurred
in the borough during the present week, and that the
town, as regards the health of the inhabitants, is consider-
ably improved."—Hull Packet.
SALPORD.—The electors of the borough of
Salford were assembled on the evening of Wednesday, in
the Town•hall, to hear the explanations of their represen.
tative, Joseph Brotherton, Esq., relative to his Parlia-

mentary conduct in the late session. Mr. Brotherton re-
capitulated the pledges he had given to his constituents,
end now prayed to their satisfaction trait he had fulfilled
them. He also enumerat, d the measures which he con-

ceived ought to be brought forward next session, among
the most important of which he ranked the repeal of the
corn laws. He said, " I con•ider that this tax is at

variance with the principles of sound policy, of justice,
and of humanity. Its continuance is defended upon the
ground that protection ought to be afforded to the agricul-
tural classes, but what does that protection mean ? It
means an increase of prices, which those persons are
interested in maintaining who conceive that it is for the
interests of those who have corn to sell that prices should
be kept up ; but I think it would require very strong
arguments indeed to convince those who have to buy food,
and who feel every day the necessity of eating it,—l say it
would require very strong reasons to convince them that
it is not their interest to get bread as cheap as they can.—
(Cheers.) I think therefore that it would be very bene-
ficial to the community in general were the corn laws
repealed, for it is not the producing clases—it is not
the agricultural labourer—it is not the farmer, who wish
the continuance of them, but it is the wealthy landlords
who desire to continue the monopoly, and to put the
profits of it into their own pockets—(Corers)—and I
therefore think it will be my duty, when the question
comes before Patliament, to give a motion for their repeal
all the support in my power." The Hon. Gentleman's
speech was loudly cheered. He was seemly tnied by
Colonel Evans, who also addressed the constituents of his
Hon. Friend, and his speech wasalso received with general
applause.

-RACING EXTRAORDINARY.--Among the
Sports at Edwinstone Wakes, near Oilerton, two youths,
whose joint ages amounted to 160 years old, for a w.ger
of one gallon of ale, undertook a race of two hundred
yards, which was performed in gallant style by Isaac
Bowring, alias Lord Bowring, assisted by two sticks,
heating his opponent, William Shooter, about two lengths.
Toe match crewed much mirth to the assembled
tude.—Leicester Journal.

THE LONDON BRIIDGE THEATRE.--Among
the various theatres, which have recently sprung up in
and about London, there is none that seems to give greater
amusement then this little place. It has been newly fitted
up, under the management of Mr. Bedford, and in a style
of neatness that rtlects great credit upon his taste. The
company is numerous and respectable, and since the
theatre has been opened it ha• been visited nightly by
erowdtd nod enees. The performAnces 14.4 night were,
The Miser, the Mnrdere- -qd the Discarded Son.
a very pretty billet, c,111,1 The Lass of Richmond Hill,
Intrigue, and The Ki,g and the Scctehman.
GOUGH too lead. the Kiliet department. is an excellent
r, and among. the mile performers Mr. WYNNE. Mr.
WORRELL, and Mr. J. R. WILLIAMS, obrained gleat ap-
plause. The pieces are ,xceedingly well got up, and gave
evident satiefietion.

LIVERPOOL COTTON MARKET, Nov. 14
—Ttie day opened with a fair demand, but holders showed
so much anxiety to dispose Of Cotton, that prices have
receded id to iI, per 1!). in consequence. Toe sales are
2,500 hales, of which 500 (American) were taken on
speculation towards the close of the day :-150 Pernams.
Sid. to 10d. ; 130 Menanhams, 911. to 9id. ; 100
13thias, Sd. to 81al. ; 2,000 American, 7d. to std. ;
some Orleans, 10d.—Imports trifling.
The French colony of Algiers appears to be
rapidly improving ; for the import duties, which in 1830
produced hut 5,9101 , last year produced 25 4701. This
revenue is derived fnim a snail import duty of 4 per cent.
if imported under the French or Algerine flag, and of 8
per cent. if by a foreign flag. The value of imports under
the British, was last year 3,500/. ; they were exported
from our possessions in the Mediterranean.

INCENDIARY FIRE.—We lament to state
that in Wales one instance has occurred of that diabolical
spirit of destructive and cowardly malice which has spread
so much misery in England. On the night of the Ist
"t the faintly of Mr. D. Walters, of Owns llefiste,
iiiiitalinet, parish of Ystradfelite, Glamorganshire, retired
to rest at ten o'clock. About one, the maid ser-
vant, whose window overlooks the yard, was awakened
by a great conflagration from the barn opposit.•. She
instantly gave the alarm, and though the whole of
the family, with such of the neighbours as could be
aroused at that hour, use 'l their utmost exertions to
stop the flames, the whole contents of tht barn, about
thirty bushels of barley and forty of oat', we
consumed, leaving 111 r Walters a loser of from SO/. to
magistrates for the county, promply repaired to the spot,
and investigated the premises. From the locality of the
s
barn,iooi.
wAhil. M
ehiosrgqaun, E q. of Boedwigiad, one of the
quite remote from any thoroughfare, and
from the door hieing found opened inwardly, there can be
no doubt that this atrocious act was deliberately and wil-
fully perpetrated.—Shrewsbury, Chronicle.