The Sun.
London, England, 1869-11-20 00:00:00

LAW AND POLICE.

rIIE SALE OF ToaAcco.—ln Vice-Chancellor James's
Court a case has been heard in which the Queen of
Spain was the plaintiff. The bill was filed before
the revolution, and the question was as to the right of the
defendants, Parr, Hermann, and Co., tobacco merchants, to
certain commissions out of a parcel of tobaoco from

Manilla, consigned to them on behalf of the Spanish

Government. The sales had been countermanded
by the local Government of Manila, who gave
instructions to the defendants' house in that tows
but before the instructions reached England part of the

tobacco had been sold. The dispute was as to the amount
of the commission. His Honour held that as no case of
misconduct had been made out against the defendants,
they were entitled to half the commission they would have
received if the sale had not been countermanded: They
must also have interest on a sum of £2,699, which they had
advanced in payment of insurance premiums on the
tobacco though a profit of 10 per cent. charged on this

transaction could not be allowed, as the defendants could

not make a profit of that nature without first communicating
to their principals their intention to pay cash and obtain

discount

GRANTING INJUNCTIONS.—An injunction was sought in
Vice-Chancellor James's Court, to restrain the defendant
from any interference with the access of light and air to
the premises of the plaintiffs, who are bankers in the
City. The Vice-Chancellor said there was sufficient doubt
in the matter for him to refuse an injunction,
unless the plaintiffs would give an undertaking to be
answerable in damages. He intended to act upon that
principle in all these cases until overruled by the Court of
Appeal. The motion stood over.
THE NATIONAL AND PROVINCIAL LIFE ASSURANCE SOCIETY.
The ordinary winding up petition has been presented in
this case but there is a difficulty in serving it. The Com-
pany, which had its offices in Moorgato-strcet, ceased
business several years ago, and it was believed was now
merged in the Albert. A letter had been addressed to
them at Moorgate-street, and returned through the Dead
Letter Office, with " Try 8, Graccchurch-s treet," on it.
This also was useless. Only one of the directors could be
traced, and he was abroad. It was proposed to serve one
of the trustees, an eminent Queen's Counsel, and the
auditor. The Vice-Chancellor said if the general orders
had been complied with that was sufficient, the company
being represented by the Albert.
OVEREND, GURNEY, AND CO.—PAYMENT OF CREDITORS.
—"Vice-Chancellor Malins attended at Chambers to hear
an application for payment forthwith to a creditor of
Overend and Gurney of his balance and interest
amounting to £1,400. Mr. Stephenson, the applicant, was
a depositor of £12,000 when the bank failed. The Vice-
Chancellor declined to make an order for payment forth-
with. He thought it was a matter of rejoicing that all
the creditors had been nearly paid in full, and by a little
waiting would also have interest. The principal could be
paid at once.

A TELEGRA.PMC Firaun•—A man named O'Neil has
neen sentenced at the Middlesex Sessions to twelve months'
hard labour for attefnpting to defraud. He sent a fictitious
telegram purporting to come from the prosecutrix's son in
Scotland, directing payment of an account to be made by
his mother. The device was fortunately detected.

13ETTOTG-HOrSE PROFITS. —A man named Adams, the
keeper of a cigar shop, has been charged at Marylebone
Police-court with allowing betting, and an assis-
tant with aiding him. Adams had been fined
£5O before, and the magistrate said he should give
him £lOO, and Lavies, his assistant, £3O, and that was only
on condition they shut up the place and got rid of the
stock. If they would not do this he should send them to
prison for three months without a fine. He would give
them two days to consider. The defendants said they
preferred paying the fines, and handed £l3O to the
gaolor.

The Archbishops of Cantertury and York have
appointed the close of the month of November for receiving
the address of sympathy to the Irish Church. It has re
ceived a vast number of signatures.

Peter Barrett, who is charged with attempting to
murder Captain Lambert, in Galway, and in whose case the
jury disagreed at the late special commission, was brought
in the Irish Court of Queen's Bench on Thursday under writ of
habeas coepus. After a legal plea in arrest of the proceed-
ings was refused, the prisoner pleaded not guilty, and was
remitted, until his trial is fixed, to the custody of the
governor of Kilmainham.

A case of considerable importance as involving the
question of the Midland Railway Company's liabilities as
"common carriers," was tried on Thursday at the Chesterfield
County Court. It was to the eff, et that the company could
not be treated as common carriers of c( al, and that their
common law liability was limited by such teasonable regula-
tions as they might find it necessary to make in conducting
an enormous traffic. His Honour, therefore, directed a nou-
suit, but notice of appeal was n. It was intimated that
the Midland Company merely wished to settle a principle,
and therefore did not apply for costs.

THE ARREST IN CORK.—A. Difolin correspondent
writes :—" The man arrested on Wednesday mornin,, in
Cork, for complicity in the recent murder of Daniel
Callaghan in that city, is named O'Ri)rdan—not
Cotter, as stated in the first account. Prom the
secrecy observed by the police, it i; apparent
that the arrest is regarded as one cf great import-
ance. The house in which he lived was twice searched
by policemen, but nothing was discovered• He was
examined privately before the stipendiary magistrate on
Wednesday afternoon, and remanded for eight days.
O'Riordan, who is a carpenter, was arrested on the first
breaking cut of the Fenian consi iracy, but was soon
afterwards liberated, on the same terms as other Fenian
Taisoners.

ACTION FOR THE LOSS OF A CAT.--At the
Godalming linty Court, Mr. James /1:,,k brolght an
action ag:in4t Mr...famcs 1 .1%;‘,-n fo;•the los3 of :scat, alleged
to have bec 11 killed by defendant's dug. cat was
valued at a guinep, and soveral witnesses were called to
prove that defendant's dog l.illLd several cats iii the town.
Defendant was willing to pay reasorable compensation if
it could be proved that his dog killed the cat, but he con-
tended that there was no evidence of that ; besides which
he said that the claim of a guinea was preposterous, when
eats were to be had for nothing.—Plaintiff said he had been
offered a guinea for the cat, which was a very peculiar one.
—ln reply to the judge, a witness stated that he saw the
defendant's dog with a cat of the same colouras the plaintiff's
cat upon which the defendant's solicitor suggested that a
dog would naturally take up a dead cat. Plaintiff said
defendant's dog took up live ones. The defendant's
solicitor contended that there was no proof that the
p7aintiff's cat was killed by defendant's dog. The Judge
thought there was, and that it had killed other cats. He I
therefure gave a verdict for the plaint; f for ss. awl costs.