The Sun.
London, England, 1859-03-09 00:00:00

LA IV INTELLIGENCE.-(THIS DAY.)

ROLLS COURT.

(Before the Master of the Rolls, Sir John Romilly.)

JUDGMENT.-THE MAYOR OF BRECON V. SEYMOUR.

His Honour, the Master of the Rolls, said—ln this case
I think the plaintiff is entitled to decree. I think in de-
ciding this case I ought to follow the decision which I gave
in the decided case of De Winton and the Mayor of Brecon.
The plaintiffs bill was filed for a reconveyance of the lands
mortgaged on payment of the advances. He contends that he
is entitled to have his fees applied in payment of the incum-
brance, and then to have a reconveyanca of the land to him.
The mortgage was madein 1835 on the market place for £750
and the security was taken in the name of the mayor and
corporation. The market buildings were erected under the'
Municipal Corporation Act. Two mortgages were after-
wards granted or assigned to Mrs. Payne over this same
property, one for £2,250 and the other for £1,500, and a
question was raised whether the second mortgagee was
entitled to take anythingunder these mortgages. His Honour
held that the second mortgages under the act were in-
valid. And the question now raised was whether the plaintiff
was entitled to a reconveyance on redemption. His Honour
on, referring to the 35th, 83d, and 94th sections of the act,
said that he must consider this case the same as the ordinary
case of mortgagee and mortgager, in the case of a private
contract, where the mortgagee offers to resell the property
mortgaged to the mortgagor, who insists on his right of
pre-emption. His Honour, therefore, made the usual order
for reconveyance on payment of the mortgage, the proceeds
to be applied in the usual way, and the title-deeds to be
delivered up to the plaintiff with costs.

His Honour made a similar decree in De Winton's case
with directions and costs.

Counsel in the cause—Mr. R. Palmer, Q.C., and Mr.
Follett, Q.C.

SHERIFFS' COURT.
(Before Mr. Prendergast, Q.C.)
FISH SALESMEN AND BILLINGSGATE-MARKET.-SNUGGS

V. ALEXANDER.

This was a judgment summons, and the defendant applied
for a new trial, on the grounds that he was deterred from
attending the first summons by mistaking the day of hear-
ing, and that he was not the principal in the transaction,
but servant to a person named Marian Benjamin.
Plaintiff said he was a fish-hawker, and upon a certain
day he purchased two pods of fish ; he sold two of the fish,
but they were so bad that they made the person ill, and he
returned the lot. When he bought the fish he haiaded the
money to one Lawrence, who at once gave it to defendant,
who, upon being complained to of the badness of the fish,
offered plaintiff 6d.

Defendant said that when plaintiff first called upon him
be asked him for two or three shillings, which he (de-
fendant) refused upon principle, as he had nothing to do
with the transaction. He was a servant to Mrs. Benjamin,
and as such certainly not liable. He would, however, give
plaintiff ss. and his costs.

His Honour said the application was too late, and he
regretted to see business so badly conducted in Billings-
gate-market. A great number of these cases were brought
there, and a great deal had been said upon the subject. If
defendant had made his application before the judgment
summons, it might have been entertained ; as the matter
now stood, the application must be refused, and defendant
would be committed for four days, the warrant to be in the
office a week.

BROWN V. RAMSAY.--THE LORD'S DAY OBSERVANCE ACT.
This was a judgment summons for 3s. 7d., and the de-
fendant's wife pleaded great poverty, and stated that the
plaintiff kept a chandler's shop, and that she (Mrs. Ram-
say) had dealt with him for a number of years. One Sun-
day morning, before nine o'clock, she went to him for some
goods, and tendered 10s. 6d. Plaintiff refused either to
take the money or to let witness have any goods, and said
that people ought to go to church on Sunday. Now, her
husband could not got any money on Saturday night, and
so she could not got to plaintiff's before Sunday.
Plaintiff said he made it a rule never to serve anybody on
Sunday. He went to church.

His Honour did not think it would have hurt plaintiff to
let these poor people have a little food.

A witness was called, who said that Mr. Ramsay was
much afflicted, and unable to work.
His Honour—Well, Mrs. Ramsay can pay something.
Witness—Ah I but she can't.

His Honour--Oh, she must.
Witness—But she won't.

Plaintiff pressed for a commitment, but
His Honour bade him carry his religious feeling beyond
the Lord's-day observance, and ordered the defendant to
pay a small sum weekly.

POLICE INTELLIGENCE-(THIS DAY.)

MARLBOROUGH-STREET.
"NOT Two PRICES AT MARYLERONE."—John Harris,
a cab-driver, badge 1,087, cab 706, was charged with being
drunk and incapable of taking care of his cab.
The case having been proved by Smith, 34 C, who saw
the defendant going slowly along, and ultimately get the
wheel of his cab locked with a post in Silver-street. He
then, to prevent further mischief, seeing he was drunk,
took him into custody.

The defendant having admitted he was drunk, was asked
by Mr. Beadon whether his license was endorsed ?
Cabman—Oh yes, once; for the same offence. I was
then fined 20s.

Mr. Beadon—Then it must have been a bad case.
Cabman—Oh no. I was before Mr. Long, at Maryle-
bone, and if he ever gets any one before him its always 20s.
On that occasion I had been doing a little haymaking and
fell asleep on my box.

Mr. Beadon—As to being always fined 205., it is all non-
sense.

Cabman—l can assure your Worship there are not two
prices at Marylebone. (Laughter.) That worthy magi-
strate fines all alike as long as they are cabmen.
Mr. Beadon—l shall fine you the same-20s. or 14 days.
Cabman (leaving the dock)—Then its all one price here
too I suppose.

THAMES.
MURIAROUS ASSAULT._. Jeremiah Hurley, an Irish
labourer, was brought before the Hon. G. C. Norton,
charged with committing a violent assault upon Mary
M'Carthy, at No. 59, Pinnington• street, Ratcliff-highway,
last night, during a quarrel.
Mr. John Gourley, a surgeon, High-street, Whitechapel,
said he was called upon to attend a woman namedllFCEuthy,
in the Leman-street station-house, and found her
bleeding copiously from a wound on the top of the head.
It was two inches in length and penetrated to the scalp.
An artery was divided, and he had some difficulty in sup-
pressing the hemorrhage. The woman lost a large
quantity of blood. In answer to Mr. Norton, the
witness said he believed the wound was inflicted
with a sharp instrument, certainly with an in-
strument of a sharp character. A policeman produced
a publican's half-gallon tin can, and Mr. Comley said the
edge of it might have inflicted the wound which was one of
a very serious character. He sent the woman to the Lon-
don Hospital, and it would be a week before she would be
able to leave her bed.

A woman named Driscoll said that the prisoner was the
son-in-law of the woman in the hospital, and that they
were drinking together last night, and quarrelled, and after
some offensive words had passed between them, the prisoner
struck his wife's mother on the top of the head with the
can produced and knocked her down. The woman called
her son-in-law many bad names.

Mr. Norton remanded the prisoner for a week,

THIS DAY'S MARKETS.

CORN EXCHANGE.
Tc-day's market was very scantily supplied with home-
grown wheat coastwise and by land carriage. For most
kinds there was a moderate inquiry, at Monday's decline in
the quotations. Foreign wheat, the show of which was
extensive, moved off heavily. In prices, however, no
change took place.
Floating cargoes of grain commanded very little attention.
There was a good demand for both barley and malt at full
prices. _ _

Oats were a fair inquiry, but not dearer. The supply was
rather limited.

Both beans and peas moved off slowly, and late rates
were barely supported.
We had a dull sale for flour, and inferior parcels were the
turn lower.

ARRIVALS THIS WEEK.

Wheat. Barley Malt. Oats. Flour.
English B3O 1 460 ; 620 ; 1,170 i 810
Irish
Foreign.
1 1,980 blot

BOROUGH HOP.
All new hops continue in fair request, at very fall prices :
otherwise the demand is in a sluggish state, on former
terms.

WHITECHAPEL.
We had a fair demand for meat to. day, as follows :
Beef, from 3s 2d to 4s Gd; mutton, 3s 4d to 4s 8d;
lamb, Os Od ; veal, 3s 8d to 4s 8d ; and pork, 2s Gd to 4s
2d per 81b., by the carcase.

The Nord of Sunday announces very coolly that
" the Holy See is now engaged in recruiting a body :of
5,000 men in Ireland, who are to be sent forthwith to
Rome to form his Holiness's body guard I"
The London Directors of the Grand Trunk Rail-
way of Canada have issued a statement of its present posi-
tion and prospects. The capital raised and expended (ex-
clusive of the £3,111,500 on provincial bonds, for which the
company have been exempted from liability until the line
yields a profit of 6 per cent.) is £8,426,200. Of this
2,000,000 is in the shape of Preference Six per Cent.
Debentures, £2,144,000 ordinary debentures, and £1,500,000
Seven per Cent. Debentures, while the amount of
stock is £2,781,600; and it is now proposed to raise
an additional £1,111,500, by an issue of second preference
debentures, which will suffice to open the whole road from
Sarnia to Quebec and Riviere du Loup and to Portland, a
total of 1,057 miles, including the Victoria bridge. The
length at present open is 880 miles, and the bridge and the
extension to Sarnia of 70 miles, are to be ready for traffic
in October. Assuming the total capital on which interest
will have to be paid at £10,000,000, the directors still calcu-
late, from their experience thus far of the working of the
line, on a net profit of 014,050.