The Sun.
London, England, 1860-04-11 00:00:00

LA W INTELLIGENCE.—(TMs Day.)

~ \`

SHERIFFS' COURT.
(Before Mr. Kerr.)

JUDGMENT.

His Honour referred to some posters, in which each
party had attacked the other pretty strongly, and upon
reading a letter, said there appeared to be a promise to pay.
Mr. Norman—Your Honour will see. (Producing a
bundle of documents to plaintiff's manager)--What are
these ?

Witness—Subscription lists sent from our office to de-
fendant. The name of the printer appears to none of those
lists, nor has it ever been done during the 18 months. As
to the letter signed " M'Sweeny," I saw one a few days
ago in blank at our horase. I can't say if it was printed at
our house, but I believe it was. The name of the printer
has not appeared to any of the lists supplied within the
last 18 months.
Mr. Norman (instructed by Messrs. Clarke and Earle)
then said that had plaintiff waited until the proper time
the money would have been paid, but he had thought
proper to make a sudden and peremptory demand, and
would be met in his own spirit. After describing that the
parties were wool traders, Mr. Norman said plaintiff cannot
recover as the goods delivered have not been sent out in a
legal form. By the 2d and 3d Vie., cap. 12, any printer
who shall send out any document intended for publication,
or meant for dispersion, which does not bear the printer's
name on some part, shall not be able to recover for such
work ; and further, shall be liable to a penalty of £5 for
every document so sent out. By the 39 Geo. 111., cap. 7,
sec. 27 (repealed by 2 and 3 Vic.), the penalty was £2O. In
the case of Chappell v. Davidson, 25 Lazo Toornal, this
point arises—

His Honour—Then, according to that statute, Hill has
incurred a penalty of £5 for every one of these lists. If
there is any illegality he cannot recover.
Mr. Barnard--All the items are not open to such an ob-
jection.

A general discussion then took place, and his Honour
thought a circular or prospectus was meant for publication,
and came within the Act. It was useless to keep a circular
within one's desk.
Mr. Barnard thought the cards must be excepted.
Mr. Norman—The cards are meant for dispersion.
His Honour thought the cards were not open to the ob-
jection.

Mr. Barnard—Plaintiff is entitled to recover upon an
account stated and promise to pay.
_ _

Mr. Norman—When the consideration is illegal no ac•
count stated can give a good cause of action.

His Honour remarked upon the fierceness with which
this battle was being fought, and said it was very evident
that the parties intended to destroy each other.
Mr. Clarke--Like the Kilkenny cats. (Roars of laugh-
ter.)

His Honour then went seriatim through the plaintiff's
claim, and after marking several items, looked carefully
into the Act quoted by Mr. Norman.
After some deliberation, his Honour found as follows :
I will either enter a nonsuit or find for defendant, with leave
to appeal.
Plaintiff would rather the verdict be entered for defendant.
Verdict acccordingly, with costs.
Mr. Norman said there could be no difficulty about the
case.

SINGULAR CASE OF MASTER AND gRILVANT.—oonCoRAN

Y. BLAY.

This was an action to recover a sum of money alleged to
have been lent to defendant.
Mr. Best, instructed by Mr. IVaghorn, of Mark-lane, for
the plaintiff, said his client was a mill stone manufacturer,
of Mark-lane. Defendant had been in his service as a sub-
contractor, and had received various sums of money on
account of mill-stones entrusted to him, to render fit for
mills. lie had thought proper to leave his work unfinished,
and as he was not entitled to anything until the work was
completed, plaintiff now sought to recover the money paid
to defendant.

Plaintiff was called, and said he paid his sub-contractor
generally something on account, but considered he was not
bound to do so until the work was finished.
Mr. Wood, for the defendant, said the only thing re-
quired to be done should be done at the work, and if defend-
ant had finished his work he would be entitled to £l4. The
money paid was paid on account of work actually done by
defendant, and thus plaintiff vas no loser.
Mr. Best said there was a clear breach of contract.
Plaintiff said he did not discharge defendant.
Defendant was called, and said he was anxious to finish
his work, but could not find room in the yard. Plaintiff's
late foreman prevented defendant from finishing his work.
Defendant was discharged by Plaintiff's foreman.
A witness was called by the defendant, and said it was
not usual to leave before finishing the work.
Plaintiff's foreman was called, and said he did not dis-
charge defendant.
His Honour non-suited plaintiff without costs.

POLICE INTELLIGENCE.—(This Day.)

MARLBOROITGII-STREET.
THE INQUIRY DODGE.—Charles Elliott and Louisa
Smith, the latter said to be a well-known omnibus thief,
were charged before Mr. Beadon as follows :
Charles Butcher, 137 C, said he noticed the prisoners,
who were accompanied by another female, stop several lads
on the previous day in Hill-street, Berkeley-square, ap-
parently as if asking to be directed to some place, and he
observed that while doing so they moved the ladies' dresses
about. They then stopped a young woman, who, after
speaking to them, pointed as if directing them, and they
left her. He immediately went up and asked if she had
lost anything, and at first she said she had not, but on
putting her hand into her pocket missed her purse. He
then told the young woman to go to Vine-street, and fol-
lowed them into Berkeley-square, where he seized the man
and told him he was concerned with the woman in stealing
a purse. He immediately struck him a severe blow on the
chest and kicked him on the leg, and thei started off. He
pursued him, and on taking him into custody he said he
(Butcher) had made a grand mistake, "for he was a gen-
tleman."

Elizabeth Thomas, 18, Hill-street, Berkeley-square, said
the prisoners came up to her and asked the way to Regent-
circus. She directed them, and on being spoken to by the
constable missed her purse containing some silver.
Mr. John Carr, of 117, High Holborn, proved taking tho
female prisoner into custody at the request of the constable.
A coachman, named Spreadbury, of 13, South Bruton-
mews, proved stopping the male prisoner in his flight.
Remanded.

HILL V. WOODS: -THE PRINTERS' ACT.--IMPORTANT

This was an action to recover £37 15s. sd. for printing,
and goods supplied to defendant, who carries on a Trade
Protection Society in Ironmonger-lane.
Mr. Barnard, for the plaintiff, said his client carried on

a Trade Protection Society, and had supplied defendant
with copies of various publications, in weekly aud fort-
nightly parts. They were subscription lists. In plaintiff's
claim are also some circulars and what are called certificate
cards. Defendant had dealt with plaintiff for some time, and
this was a balance of account.
Plaintiff's manager said that plaintiff had supplied sub-
scription lists to defendant for 18 months. They are the
same lists as Mr. Hill used for his own society, only the
head was altered.
His Honour—Oh ! the same information under a dif-
ferent title.
Witness—Yes. I believe there is no dispute about the
goods being delivered.
The subscription lists were here handed to his Honour,who
said—l once flourished in one of these things for £ll. An
attorney in Edinburgh got judgment against me by default
in a matter about which I knew nothing. And so it ap-
pears that there is a judgment against the judge of the
Sheriffs' Court for £ll. It was a very flagrant piece of
business—hut they do any dirty thing over there.
Plaintiff's manager (cross-examined by Mr. Norman)—
The circular you produce was printed in our house. I
cannot say if the letter you produce was printed by us. I
believe it was. It is signed " Richard WSweeny." There
was a dispute between plaintiff and defendant about the
prices. Defendant wanted the price charged lower, and on
the Gth July gave notice that he should discontinue the
lists.