The Sun.
London, England, 1832-04-20 00:00:00

COMMON PLEAS, APRIL 19.

L actionOirE LL y.Lght byT
ANCLsr.
brought This was anthe plaintiff as
lessee of the Northampton tolls, against -the defen-
dant, to recover Bd. for market-tolls due by him in
respect of certain beasts sold at Northampton, and
441. for passage tolls in respect of certain loaded
wains or waggons driven through that town. The
object of the action was to try the right of the cor-
poration to two descriptions of tolls claimed by
them,—namely, tolls traverse and market-tolls.
The cause was tried at the last London sittings
before Lord Chief Justice Tindal and a special jury,
when, after occupying two whole days, a verdict
was returned for the plaintiff, establishing the right
of the corporation to each kind of toll.
Mr. Sergeant JONES now moved for a rule calling
on the plaintiff to show cause why that verdict
should not be set aside, and a new trial had, on four
grounds :—viz. Ist, That an inquisition taken in the
reign of Edward I. had been improperly received in
evidence, whereas it was not relevant to the cause
as it only went to establish the fact that the bailiffs
of Northampton were at that time entitled to tolls at
Biilingsbridge; which was three mile from Northampo
ton, and at Salt street, which was not proved tole a
Northampton or an, place else; 2dly, that certaindeceased treasurers' accounts had been improperly
received, as documents which went to charge them-
selves, whereas they were not proved to have been
in their handwriting; and even if they were, they
were inadmissible, because they might have been
intended to make evidence for the corporation to
which they belonged, and therefore did not come
within the usual rule on such subjects ; idly, that
the testimony of witnesses who admitted that they
had withheld the payment of toll from the plaintiff
within the last six years had been improperly re-
jected ; and 4thly, that the learned judge had un-
justly detracted from the weight of a piece of evi•
dence put in by the defendant.
The COURT granted a rule to show cause.
PALMER MARSHALL.
This was an action on a policy of insurance
effected on the yacht Ruby, at and front Bristol to
London, in January, 1831. The policy was dated
on the 28th of January, but the vessel did not sail
until the 10th of May. The vessel was lost after
she had passed the Land's-end. The case .vas
tiied before Mr. Justice Park, at the late Dorset
assizes, when his Lordship nonsuited the plaintiff, oti
the ground that the delay which bad taken place be'
fore the sailing of the vessel constituted a deviatioo
in point of law.
Mr. Sergeant BOMPAS now moved for a rule to
set aside the nonsuit, contending that a delay was
not of itself a deviation, but must be first shown to
be an unreasonable delay, or one which increased the
risk to the insurer.—Rule refused.

YATES V. DUFF.
This was an action brought by the plaintiff, owner
of the ship Sesostri4, against the defendant, a Cap'
tain in the East India Company's service, to recover
3501., the amount at which the defendant had hired
two cabins in the plaintiff's vessel, to convey him-
self and family to Madras. The defence was, that
the plaintiff's broker had promised that the vessel
should sail from Portsmouth on the 15th of October►
whereas she did not sail before the beginning of
November, and the defendant therefore considered
himself at liberty to go by another vessel, which he
did. The Jury returned a verdict for the plaintiff for
half the passage-money contracted for, namely, 1751'
Mr. sergeant SPA NKIE to-day moved for a new'
trial, on the ground that the defendant had clearly
contracted to sail on the 15th of October, and not
having fulfilled his part of the contract, he was not
entitled to hold the defendant to his.—Rule refused.

BIRTHS.
On the 18th inst. the lady of George Franks, Esq,, of GO
Surrey.strect, Blackfriars, of a son, still born.
On the lath inst. at Kilbourn, Mrs. John D. Dickinson, of a
daughter.

MARRIED. of
On the 17th inst. at Bathwick church, Mr. F. Branscombe,
Dulverton, Somerset, to Miss Hook, of Bathwick,
DIED.
On the 15th inst. Georgiana Sophia, second daughter of t/ •;,,
Hain Gunner, Esq., of Bishop's Waltham, Hampshire, in the 1"
year of her age,
On the 11th inst. at Shopperdswell, Kent, after a 'linger 0p1; ,
illness, the Rev. John De Chair, M.A. vicar of Brixwat.
Northamptonshire.
On the 19th inst., aged nearly eleven months, Charles fl 1:
mund John, third and youngest son- of William John Mon.°'"
Esq., of Queen Anne-street, ( avendish.square.
On the 19th inst. George Munro, Esq. of Chailtcrn; Kent
On the 16th inst. at Paris
J after a lon_g and painful illues2,,
Julia, only child of the late J. Lousada, Esq., and of his
viving widow, Rebecca, daughter of the late It. Franco, Esq., °
London.
SarahO On
irt_,hoewtlh9tel ri.
iinnsttie
~inB7tohs3n.caabruorgf-hsterreaegt,e.Regent's—park, Mrs'
On the 19th inst. at Isleworth, after a short but severe O sit
ne
in the 69th year of his age, Mr. H. T. Hodson, bookseller,
Wimpole.street
On the llith inst. at Brighton, the Hon. Caroline Anne Hughth
laughter of the Lord Dinorben.
t
;ed 61.
On the 19th inst. at Portsmouth, Sl PeOrge Garret, Knife'
On the nth ult. at Dublin, Henry Christian Sannemann,Escl•t
eterinary surgeon, 10th Royal Hussars, aged 46.
r
On the 14 t hEsi rigs. t:
0, inf Ktehnet 38th.t
oywena
aftero f his
aasghe,o
raet
illness.h is re s d
Woodside, Finchley.common, James Poole
_Es son of the 13'
aged two months.
jaomnesthinsleth inst. William, youngest son of Newton Lane, Esq''
On the 18th inst. in Connaught-square; Helen Crofton; the
fant daughter of Charles Gore, Esq.
On the 17th inst., after a few days',illnes_s, Miss Cary, of Willi.
pole- street, Cavendish.sqnare.

aged

-
PaltiTED AND PUBLISLICD BY MU RDO YOU Nl3, •T T 01.!
svx OFFICR, 112, STRAND, LO:MQX,