The Sun.
London, England, 1861-05-01 00:00:00

LAW INTELLIGENCE—(This Day).

COURT OF CHANCERY.
(Before the Lord Chancellor.)
SELBY V. POMFRET.-APPEAL-JUDGMENT.

This was an appeal from a decision of Vice-Chancellor
Wood, declaring that the mortgagee was entitled to recover
full payment of his mortgage debt out of the mortgage
premises, notwithstanding the bankruptcy of the mortgagor.
The bankrupt's assignee claimed a reference.
The Lord Chancellor was of opinion that the decree
appealed from was right and ought to be affirmed. His
lordship said that the Vice-Chancellor observed that the
assignee might have got the benefit of it if he had been more
alert, but whether he was active or passive the right of the
mortgagee could not be eluded. All the authorities and
decisions referred to supported this view of the case. The
Lord Chancellor affirmed the decision of the Vice-Chan-
cellor, and dismissed the appeal with costs.

APPEAL-JUDGMENT-1N RE WARD GORDON V. DUFF.

This was an appeal from a decision of the Master of the
Rolls, declaring that, according to the true construction of
the will of the testatrix, the late Mrs. Lydia Ward, the
legacies of 42,000 Three par Cent Long Annuities, stand-
ing in her name, in the books of the Governor of
the Bank of England, bequeathed by her to each of the two
daughters—Mary and Aloxandrina—of the late Sir James
Gordon, were specific legacies.

The Lord Chancallor was of opinion that the legacies in
question were specific legacies, and could not be converted
into pecuniary legacies on the evidence produced. The
Lord Chancellor affirmed the decision of the Master of the
Rolls, and dismissed the appeal, with costa of all parties
out of the estate.

SHERIFFS' COURT.
(Before the Common Sergeant.)

PUBLIC SALES AND THE WINE TRADE.-IMPORTANT CASE.
SOBLECHERO V. NORRIS AND ANOTHER.

This was an action to recover some alleged overcharges,
plaintiff being a wine importer, and defendants wine brokers
and wine auctioneers.

Mr. Grey, for the plaintiff, stated that his client had had
consigned to him 12 butts of wine. He obtained upon them
from defend ants a loan of £35, and subsequently they were
sold by the defendants at a public sale. Plaintiff complained
that he had been charged 12s. 6d. per butt, whereas the
customary charge was but ss. He also complained of extra
interest 7s. 6d., and sampling 12s. 6d.
Mr. Soblechero was called and deposed to the statements
made in the opening of the case. The customary charge
was only ss. per butt. Defendants had charged 2s. 6d. per
WA when the loan was made, and 10s. per butt upon the
sale.
This being plaintiff's case,

Mr. Sorrell, of Mark-lane, for the defendants, said this
was a case affecting the interests of the wine trade to a
considerable extent. He would call one of the defendants,
who would most satisfactorily explain the facts.
Mr. Chaplin said he was one of the firm of Norris and
Chaplin (defendants). The custum upon advancing a sum
of money as a loan upon wine security was to charge ss.
per butt, but the present wines being of a low class witness
only charged 2s. 6d. That was the only profit made by
the broker upon the loan. That 2s. 6d. was separate and
distinct from any sale tranzartion, for the borrower might
upon payment of the money withdraw his wine, and take
it to any other broker to sell. As to the 10s. per butt, that
arose in this way. If the wine were sold by private con-
tract the brokers' charge-would be ss. to the vendor, and ss.
to the purchaser, but at a public sale the purchaser paid
nothing, and the whole 10s. was charged to the vendor.
Mr. Smith (member of a very extensive wine firm) of
Great Tower-street, fully corroborated Mr. Chaplin, and
his lordship was of opinion that defendants had answered
the case very fully.

Mr. Grey applied for an adjournment, but his lordship
said it was too late.

Mr. Sorrell applied for costs, which were granted.
CURIOUS ACTION UPON A CHEQVE—PLATT V. NICHOLLS.
This was an action upon a dishonoured cheque for £6 155.,
signed by the defendant.
Mr. Masterman, for the plaintiff, called his client, who
proved receiving the cheque from defendant.
Mr. Sorrell (for defendant)—Now, when you received the
cheque did you not sign the piece of paper I produce ?
81 Plaintiff—Yes.

Mr. Sorrel—That is a receipt which states that you re •
ceived a cheque for Mr. Malam to be provided for by him.
How much did Malam owe you ?
_ _

Plaintiff—£2 10s.

Mr. Sorrell—And why do you sue him for £6 15s. ?
Plaintiff—By the advice of my attorney. Defendant
owes me nothing. The cheque was returned marked "No
effects."

Mr. Masterman thought it necessary to apply for an ad-
journment, so that Mr. Malam might be called, and Mr.
Sorrell not objecting, the case stood adjourned.

P OLWE INTELLIGEN CE.—( nis Day.)

MARLBOROUGH-STREET.

A "PROFESSIONAL" CHARGED WITH PICKING POCKETS.

—Thomas Moody, a most impudent fellow, and who, from
his manner in the dock, appeared to be well acquainted
with the practices of the police court, was charged with
attempting to pick the pocket of a young woman named
Maria Maynard, living at 34, South-street, Manchester-
square.

The prosecutrix—l was looking at a wedding prrty—a
large number of persons being present at the time—when I
felt the prisoner's hand in my pocket, and caught hold of
it. The prisoner, however, ran away, but was caught by a
constable.

Prisoner—Now, look me in the face, young woman.
You are on your oath, and you are sworn to tell the truth.
(After a pause.) Did the man who had his hand in your
pocket take anything ?
Prosecutrix—No, you did not.

Prisoner—Very well, young woman. That will do.
I've done with you.

11i'Donnell, 62 C, said—The prisoner was given into my
custody in South-street for attempting to pick the young
woman's pocket.

Prisoner—Now, I beg your pardon, Mr. Constable, but
you are on your oath. Well, having given you that cau-
tion, I will ask, how was I standing when you came up ?
Constable—You were being held by some persons.
Mr. Tyrwhitt (to the prisoner)—You have been in many
courts, I have no doubt, from your style. •
Prisoner—l'm a tailor by trade, your worship, but
latterly I've been a professional—that is to say, I've been
singing. I reside, sir—l beg your pardon—your worship,
at a common lodging-house inWestminster. I did not wish
to see the performance the young woman was looking at,
and was hastening away when the young woman surprised
me by saying I had robbed her. I feel anxious about the
matter, and I am unprotected and stand by myself.
Mr. Tyrwhitt--I shall send you for trial, but will remand
you for a few days to see if you are known.
Prisoner, in a very persuasive tone—l'd rather you would
not, really.
The prisoner was then remanded.

The commercial letters from New York describe
an unanimous feeling in the Northern States that the Fede-
ral authority must be supported with men and money. The
Congress of the Seceding Confederate States was expected
to declare war in the course of a week, and it was feared
that their first move might be to seize all American ships to
be found in their ports and waters. Hence shipowners
were telegraphing for their vessels to leave at once,
whether full or empty, Had these events occurred earlier
in the season for cotton, shipments, the profits for British
ships would have been very great. Such as were available
would still command high terms. The rate of exchange
had declined, some good bills having been sold at 107, but
the leading bankers were asking 1071 to 103, and the im-
pression was that there would be no permanent:fall.' It was
assumed that when Congress shall meet at Washington, in
entre session on the 4th of July, on• of its first steps will bo
to alter the Morrill tariff.

The East Indian Railway Company yesterday
agreed to empower their board to raise £6,000,000 by de-
bentures at 5 per cent., to be convertible into stock at the
option of the holders. The expenditure of this amount
will be opreaci over a coueidorable period.

IMPERIAL PARLIAMENT

HOUSE OF LORDS—YESTERDAY.
The LORD CHANCELLOR took his seat on flie woolsack
at five o'clock.

PRIVATE BUSINESS.
The following bills were read a third time and passed :
Bonelli's Electric Telegraphic Company ; Blackburn
Water, Biddenden-road. Blackpcol and Lytham Railway,
Gainsboroußh-bridge and East Thetford, &c „Roads, Preston
Markets; Inverness and Aberdeen Junction and Inverness
and Nairn Railway Company's Amalgamation; Inverness
and Aberdeen Junction Railway ; Strathspey Railway ;
and Oswestry and Newtown Raifway.
ROYAL MARINE BARRACKS.
On the motion of the Duke of SOMERSET, this bill was
read a second time.
QUEEN'S PRISON BILL.
This bill passed through committee.
BILLS OF EXCHANGE AND PROMISSORY
NOTES (IRELAND) BILL.
This bill was read a third time and passed.
Their lordships then adjourned.

HOUSE OF COMMONS.—NuTERDAy,
The SPEAKER took the chair at 4 o'clock.
Only 18 or 20 members being present, the house inme_
diately a ljournod.
This is the firpt instance of no house having been formed,
at four o'clock, since 1856.