The Sun.
London, England, 1835-01-27 00:00:00

BAIL COURT.-(THIS DAY.)

LADBROoK V. HUNTER AND ANOTHER.
In this case a rule had been obtained by Mr. Lewis, and
on the plaintiff to show cause why one of the defendants in nh
action should not be discharged out of the custody of '-
Sheriff, on the ground of a misnomer.
Mr. Ilurr now showed cause against the rule. The actil
was brought to recover a sum of 1731. due upon two Bills °°'
Exchange acceptedby the defendants, who carried on business 4
the firm of Hunter and Phillips. A writ of capias had been Soso
out, and the defendants arrested. The learned counsel statealt-by
he had affidavits to shew that due diligence had been use de-
the plaintiff in endeavouring to ascertain the name of the the
fendant Phillips by searching the Directories, applying at ,e,
bankers of the firm, and inquiring of the efendant H0;0
who stated that the name of his partner was James, which ,wit
the name inserted in ;he writ, although it now appeared "de.
his name was William. It was laid down, " that where tot
fendant is described in a process by a wrong name, or witocii
any Christian name, he shall not be discharged out of ensA`
if it appear to the Court that due diligence has been nses'n
endeavouring to ascertain the same." In this case he eethe
tended that due diligence had been used, and therefore
rule should be discharged. .

that!tuet

Mr. RICHARDS, in support of the rule, contendeL
diligence had not been used, and ho trusted that the ti
would not discharge it upon such an affidavit as had beelli
read. coif
Mr. JUSTICE PATTISON observed that the only questioinbe•
whether the Court was satisfied that due diligence bad the
used ? In this case it appeared to him that such had Witiboel
case, and therefore the rule must be discharged, but wl
costs.—Rule discharged.

A dispute arose one evening last week, in the Sep
(fp:
tier at the theatre at Rheims, between two females, wheloce
of them was so violent in her gestures, that she lost her 1009
and fell over into the pit. Though she came down head,l
most, and fainted from the fright, she received no matelot.
jury herself, nor did any of those amongst whom she aligtr40'
A POLAR WINTER —About the middle 0' A
vember we began to feel the approach of a polar wintf,Fie
feeble gleam of light still faintly tinged the horizon, vr''' fbe
opposite direction assumed the sombre shade of night' f ic°'
almost dazzling whiteness of the grotesque hummocks 46
that lay scattered in irregular masses on the plain, {0
strange strange contrast with the soft, purple shade of tvviligithe
full moon shed its pale lustre on the lonely scene, eel `„lToer
lours which it reflected on the ice were chaste berme cs'sbool
tion. The planets twinkled in their orbs, and JuPiterbeuee'
brilliantly at the hour our friends in the English co,
might be taking a meridian altitude of the sun. The ,a
borealis was often visible, and on one occasion it foil°, jive °
most perfect arch I ever beheld, rising in a singLe
brilliant light in the south east, passing through the spoeit!
and terminating at the verge of the horizon in thescgor
point ; thus dividing the circle into two equal arts'p P''
its coruscations were beautiful. The thermo meter abl
time stood at 30 deg. of Fahrenheit below Zero ; gind o¢ty
the wind blew, the cutting pain inflicted by the c°' e°11"
face—the only part of the person exposed, can only
neectogra
pared to the pricking of so many hundred of the flnast
nTohtethfreoswtaramcctrofultahteedhasroLdrbaepeidnlycoonnsttahnetleyye-lashes,,tb,go.
einploye%?oo46/1
tersial margin of the lids would have been frozn. :Ltd r'
Account of the Polar Expedition in 1894, in the UM
Bice Journal. •