The Sun.
London, England, 1821-12-06 00:00:00

'MERCANTILE SHIPPING, &c.

DEAL, DEC. s.—Wind W.—Put back most of the outward..
bound. Arriv,.-cl and sailed for the River the Thistle, Hale_
burton ; and John and Robert, Surnton, from St. John's,
' Newfoundland ; Ann, Wrangles, from erma:am a LUnity, is
10 days, from Lisbon ; and John, Jackson, frfin.Newcastle for
Jamaica ; the latter remains. Came down' fion k the River the
Fortitude, Martin, for Jamaica; and VittOrla, Sager, for
Antigua. The Fleetwood, Back, for Jamaica, got- foul of
another ship's cable in getting under weigh on 3rd inst., and"
the former was obliged to cut her cable. The John. Rickard,
Duncan, has received some little damage, having been run foul
of by a collier.
Extract of a Letter from the, Agents to Lloyd's, at Deal,
dated sth inst. " Many of the Deal boatmen have been of
to-day to the ships in the Downs, and we consider, from the
measures Which have been adopted in order to resist the Late.
attempt to withhold requisite assistance to the numerous and
valuable shipping in the Downs, that the whole are returning
to their usual avocations."

PLY -.TOuTli, DEC. 4.—Wind W.—Arrived the Harmony,
Platt, from Bilbao for Amsterdam ; and Abeona, Spear, in
days, from Newfoundland; the Harmony lost her mizen mast
on 30th Noventber, off Ushant, in a heavy gale, and the main-
mast broke off under the cross trees ; the greater part of the
sails and yards were cut away to clear the wreck ; and the vessel,
which makes no water, was towed in here by a pilot-boat.• The
Abeona carried away her foremast on the 20th of November In
a gall, and has since proved leaky. •
FALMOUTII, DEc. 4.—Wind S.W.—Sailed the following
Packets with mails :—Doke of Kent, for Lisbon ; Lord Sid.
mouth, for America ; Countess of Chichester, for the Medi-
terranean ; , Lord Hobart, for the Islands ; Montague, for
Jamaica ; and Blucher, for the Brazils.
Po a TSMOUTH, DEC. d. .-_.Wind ‘I%S.W. —A rrived the
Prince Re,rent, Murdoch, from Batavia; sailed the 12th of
iAuigi sailed.nuisntg. from
mit nh
a ce ee
8k Regent hco.jfi
r
August ; left at Angier Point the Company's ships Bombay,
Hythe, and Windsor. The Bridgewater had missed the Strait;
,loairritr
William,cwier were
Dflco)Era
cdt
rhreeh,ne
cleared
he
dP
sr
of Sunda. The Northumberland, Lawson, and the Dick,
London, is being towed in here, dismasted by the Aberdeen
smack Cato. Arrived the Ceres, Crow, from Berwick, with
bowsprit sprung.
STROMNESS, Nov. 22..—Arrived the Young Dixon,
Toshack, from London, with ,loss of sails, boats, and Masts
sprung ; and isahella, Bishop, from Leith, with cargo shifted,
and pumps chocked.
LIVERPOOL, DEc. 4. The Isabella, from hence for White-
haven, was driven into Pill Foudry without any person on
board. The Mercury, Beck, for NV hitehaven, was totally lost
near Pill Foudry ; crew perished. The Isabella, from N2-W
Orleans, is gone to pieces at Southport. About two hundred
hales of cotton have been saved in a damaged state. Seven
hundred and seventy-one bales of cotton have been saved from
the Repeater, one hundred of which are partially wet, and 20
to 30 completely damaged.
WIIITEIIAVEN, DEc. 3. -The vessel mentioned in my last
is the Perseverance, Digby, from Quebec to Belfast, with pot-
ash and timber; her rudder is off, and the water flows into her ;
crew, excep • t one man, saved. The schooner Mercury, King,
Jias put gone to pieces. crew drowned. Several clicks of
oranges and nuts, have drifted to the Lancashire side of the
Dudden. Gecat fears are entertained for the safety of two of
our Liverpool traders, the Nimble and the Mercury, both or
which left Liverpool on Friday evening, and hirVe not since been
heard of. ',• •
The Eclipse British ship, from. Calcutta, was totally lost
early in July on the Mizen, between Kidgeru and Sanger ;
crew saved.

Great draughts of fine horses may now daily
be seen on their route for the Eastern coast ;
they have been purchased for exportation.
ASSAULTING A SENATOR.--At about two
o'clock, yesterday 3 Mr. SWANN, the Member for
Penryn, came into Bow-street office, followed by
a Mr. CONINgTON, against whom he immediately
lodged a complaint. He stated, that the defen-
dant held a farm from him in Huntingdonshire,
and was ad extremely troublesome tenant.—
In consequence of a disagreement between them
respecting some fixtures, the defendant had for
some time past insulted and grossly abused
him wherever he met him. He constantly fol-
lowed him in the streets, telling every person
that " that (pointing to the complainant) was
Swann, the Member of Parliament, who was sent
to the King's Bench prison for bribery ;" calling
him at the same- time a rascal, a scoundrel, a
coward, and by every other opprobrious epithet
he could think of. A few days since he broke
into a cluh-room in St. James's-street, in which
Mr. Swann was, and acted in the most violent
and abusive manner there ; and yesterday he
followed him along Fleet-street, and through the
back streets leading to Norfolk-street; using' the
language above described. Mr. Swa4n having'
frequently threatened him with applica-
tion to the 'Magistrates against him in vaiu,
at length directed his course to this office,
whither the defendant followed him.—Mr.
Conington being called upon for his de-
fence, described himself as in no business
at present, but as having been a farmer. lie
was then proceeding to detail the circumstances
respecting the fixtures, and to shew that Mr.
Swann was in his debt, but Mr. Minshull inter-
rupted him. As there was an attempt on his part
to excite A breach of the peace sworn toy he. was
bound to call upon him to find bail.

T bON RNA LS,

iVAILY EXTRACTS FROM THE 'MORNING FITTAIS

Decenzber 0.

EMOIINNG POST.I
The_ general state of Spain is one of agitation
and of menace. Impotent against the,Constitu-
rion, if the Constitution be duly enforced and
protected by its own members, the partisans of
Asolufe monarchy still possess sufficient strength
to disturb the peace of diitricts, and to create a
perpetual alarm of secret conspiracies. On the
other hand, divided amongst their selves, the
Constitutlwalists feel the want of that superior
authoriti'4,,which they have divested the MO-'
tArch,,,T.iktyhich, like the key-stone of an arch,
4014,,serve .by its weight and positiOn to bind
-t-O#ither. and consolidate, whilst it would keep
-
separate the different parts of the political edi-
fice: The ambition of individuals begins to break
in upon that unanimity of purpose of which Spain
ofrer‘ed so noble an example at the period of her
revOlution. Intrigue has taken the place of pub-
lic virtue, an4l in some instances heroism has
sunk into pretence, and patriotism has dwindled
-into quackery.

[MORNING Il 17.11.VT.131
There were no arrivals yesterday from the
Continent, with the exception of Lisbon Papers.
The' absence of French and German Papers
h-aves us vithOut further information of the,
state of parties in France, and without the ru-
mours' of the day respecting the Russians,Turks,
find Greeks— AS to ,dornestic politics, the re-
ports of changes in the Ministry still occupy.
some portion of general conversation. Upon this
.tibject, however, there is nothing material to
add to what we have already communicated.

[NEW TIMES.]
The advices from Prance produced nothing
new yesterday.• We wait anxiously for an ac-
count of the proceedings of the Deputies, on re-
ceiving the King's answer to their Address. It
is prpbable that they will instantly present a
emptutrance, demanding to know by the advice
ici what Mipiiger the answer was given. This
woliff:l britig,,patters to a crisis constitutionally.
The Ministecs might be impeached, or the Cham-
ber might be ,dissolved : but at all events, the
spirit of the Constitution would be preserved.
The Ding, as it appears to us, makes himself too
much a party in these disputes. It would be de-
sir'able that he should study the principles of Re-
presentative Government, before he proceeds to
the length of publicly censuring a branch of the
Legislature. These breaches between different
branches of the sovi,reign power can only tend to
weaken the Royal Authority,. We abstain, how-
ever, from more particular remarks until we see
what effect the late extraordinary measures pro-
duce. It may be, that the decisive manifestation
of the spirit of the Chambers may, lead to a
change of Ministry : and our anticipations would
of course be greatly modified by the personal
characters of the new Ministers ; that a change
of Administration, or a dissolution of the Chamber
must take place, is obvious ; and we hardly think
that the King will resort to so hazardous a mea-
sure as the latter.

[THE TIAIES.I
Letters dated the 26th _of October were re-
ceived yesterday from Havannah. They state,
that on the 29th of September, Iturbide, the
leader of the army of the Three Guarantees, and
General O'Donoju, became masters of the city
of Mexico, without resistance, either from the
chiefs, the corporations, or the select part of the
inhabitants, who all decided for independence.—
Davila, the Governor of Vera Cruz, had thrown
a strong force into the fortress of St. John de
Ulloa, which commands the city, but with this
exception the whole of Mexico is said to have
fallen into the power of Iturbide and O'Donoju.
Some, obscurity hangs over the present proceed-
ings and ultimate views of those chiefs, which,
at this distance from the scene of action, and with
our scanty means of information, we cannot pre-
tend to dispel. The conduct of O'Donoju seems
extremely suspicious, and by entering into a treaty
withlturbide,he has communicated a full portion of
the mystery to the latter. He leaves Madrid,
and passes the Atlantic to govern Mexico in the
name of Spain ; and he no sooner arrives than
he renounces his allegiance to Spain, and declares
Mexico independent. Instead of joining the
party that seemed favourable to the views of the
mother country, he treats with the Chief of the
Insurgents, and proceeds to the capital of the
Colony at the head of troops which his commis-
sion from Ferdinand, it might be supposed, au-
thorised him to repel, and, if possible, subdue.
Triumphantly established in Mexico by the side
of the prime mover of the late revolution and the
author of the " Three Guarantees," he is em-
ployed in organizing a force to reduce the pro-
vincial fortresses which still held out for the mo-
ther country, which he came to represent. Such
are the facts; and speculation busies itself in
vain to find a key for explaining them, or recon-
ciling their apparent inconsistencies.

rXOII'..TING CHRONICLE.]
The subscription of 101. in aid of the G reeks,
which we announced yesterday, was from John
Williams, Esq., of Lincoln's Inn.—All those who
have the national reputation at heart, and who
have laboured to promote, and feel an interest in
the benevolent and philanthropical objects which
hiC:ibeen identified as it were with the glory of
this country, and of which the success must de-
And so much on our preserving our hold on the
esteem of mankind—cannot fail to rejoice at
the opportunity that is about to be afforded for
repelling the accusations against the country, now
so universally made on the Continent, and for
which, it must be owned, the recent conduct of
some of our functionaries has appeared to afford
but too good aground. For the part, for instance,
we acted, in abolishing the slave trade ourselves,
and in pressing the abolition on other coun-
tries, our neighbours on the other side of the
channel have uniformly been rather unwilling to
allow us the credit to which we conceived

ourselves edified. Their disbelief in our disin-'
terestedness has always been the great obstacle
in the way of that hearty concurrence on their
part, which is so essentially necessary to the ac-
complishment of the views of our philanthropists.

[BRITISH PRESS]
WC do not expect that the Address to the
King, which was voted at the Thatched House
on Tuesday'last, by the meeting of the Noble-
men and Gentlemen connected with Ireland, will
have the effect of induCing his Majesty to call
his Parliament together one day earlier than
had been previously appointed ; but no doubt
can be entertained that the unhappy state
of Ireland will be noticed in a prominent
manner in the Speech from the Throne, and
will occupy the attention of Parliament pre-
vious to the discussion of any other topic.
We hope that Select Committees will -be ap-
pointed by both Houses of Parliament, to in-
-quire not merely into the causes of the presqt
discontents, but generally into the condition of
the labouring classes and the peasantry of Ire-
land, with a view to the suggestion of some re-
medy for improving their moral and social con-
dition. It was universally admitted at the meet-
ing on Tuesday, that the causes of the present
discontents are not of momentary existence—that
they are the same that have been in fearful opera-
tion for centuries, and that evils such as we now
contemplate with horror and astonishment, must
for ever• return -to our view, unless these causes,
hich have acquired strength from time, and
have been fostered by the wicked and selfish
passions of those who are bound to repress them,
be effectually removed.

COATS 0-F Aums.—IIENRY, surnamed "-The
Fowler," Emperor of the West, who regulated
the. Tournaments in Germany, was the first who
introduced those marks of honour, Armourie.s or
Coats of Arms. Before that time We find nothing

npan ancient tombs, bat crosses with Gothic in-
scriptions, and decorations of persons entombed.
The tomb of Clement IV., who died A.D. 1268,
is the first wherein we find any arms, nor do they
appear struck upon any coins before the year
1336. Camden refers the origin of hereditary
Arms in Englaud', to the time of the first Norman
Kings.

The town was yesterday visited by a most
remendous thunder shower. The lightning was

extremely vivid, and the rain fell in torrents
about three o'clock. All the low grounds about
the Metropolis were under water.
A Spanish Journal states that a merchant of
Orihuela, who had cause of complaint against a
young female, cut off her ears ; one of which
now hangs by a thread of the skin, and the other
is deposited with the Magistrate, as documentary
evidence. •

A Cuttrous CIRCUMSTANCE, showing the great
number of female servants out of place, occurred
on Tuesday. A. Lady had advertised for a cook
and a housemaid, and with the permission of Mrs.
APPLEBY, a widow, who keeps a hosier's shop in
Parliament-street, had directed them to apply
there, between the hours of eleven and one ; at
eleven o'clock no less than 49 females met toge-

ther in Airs. Appleby's shop, and by twelve
o'clock the number amounted to 105 ! The
shop, the steps of the door, and the pavement,
were filled by these females. A constable was
sent *for to protect Mrs. Appleby's property in
her shop, and to disperse them. The Lady was
there according to appointment, but was so per-
plexed by the number of applicants, that she
could not engage any of them.
ASSAULT AND ItoßnEtty.—Tuesday night, be-
tween nine and ten o'clock, as W. HALL, Esq.,

who had just arrived in tot% n by one of the Chel-
tenham coaches, was going from the Gloucester
coffee-house to Brompton, with a small paper
parcel in his hand of some value, he perceived
himself dogged by an ill-looking man all the way
from the office as far as the dead wall on the
other side-of Hyde Park-corner ; the fellow then
snatched his gold watch with one hand, and
struck him a violent blow on the face with the
other. Mr. 11., on recovering himself, gave an
alarm, and the man was followed as far as the
gate, when he turned into Hyde Park, and eluded

further pursuit.
DREADFUL FIRE.--On Saturday morning,
about six o'clock, a fire broke out at the Queen's
Head public-house, at Brompton, and in less
than an hour and a half the whole was levelled

to the ground. So rapid was the course of the
devouring element that every article of furniture,
&c. was destroyed, and the inmates barely
escaped with their lives. Mrs. IIooGsKIN and
a female servant were with difficulty taken out
from an upper window ; and Mr. KIPPING,
broker, of Maidstone. (who was sleeping in the
house,) made his way through the fire, by which
he was severely scorched in the face, bawls, and
other parts of his body. Two other lodgers also
escaped with great difficulty, one of them being
much burned hi attempting to save some of his
clothes, for which purpose he had imprudently
re-entered the house. The women were unable
to save a single article of dress, except their
night-clothes. The adjoining house was much
injured, and had not the officers and privates in
the barracks, together with.the dock-yard esta-
blishment, exerted themselves in the most prompt
and laudable manner, the whole street would, in
all probability, have been destroyed. The house
and furniture were insured ; and although no
lives were lost in the house, yet the effects which
followed are of a melancholy nature. One wo-
man, a near neighbour, was so alarmed, that she
fell in a fit, and shortly expired. A poor man
also, who resided near the spot, and who had
been unwell, was so much agitated by fear, that
he expired the next day. An elderly woman
who kept a small school, and a young woman, a
cripple, both residing near, were so dreadfully
alarmed by the terrific appearance of the flames,
as well as from apprehension of not being able
to make their escape, that they fell victims to
their fears, and expired the next day, literally
from fright. Another woman also now lies in a
most dangerous state of illness, from the same
cause.—(Maidstone Journal.)

LAW INTELLIGENCE.

COURT OF CHANCERY, DEC. 5.

KNIGHT V. KNIGHT.
Mr.-A ann, for the defendant, moved that publication might
pass of the evidence given fender a commission appointed to ex-
amine-witnesses touching the alleged illegitimacy of the defen-
dant, tile supposed child of the plaintiff. • The plaintiff filed his i
bill on the 23tb Jan., 1819, and had examined witnesses under •
the -commission, but not within the last twelve months. In con-
sequence. of that delay, the plaintiff last-seal gave notice of a
'motion for passing the publication of the evidence. The plain-
tiff had received notice of the intended motion, and his solicitor
had filed a petition, in which he.prayed that the commission
might be kept open longer,• in order to afford an opportunity of
obtaining the evidence of Mrs. Ports-an, who it was pretended
was residing in France in order to avoid examination. He
trusted that his Lordship would not consider; the circumstance
a sufficient ground for continuing the commission, which might
be kept 9pen for ever upon such pretences.
Mr. NV lIIGFIELD, for the plaintiff; hoped the Court would
allow the commission to be kept open,longer. - •
The LORD CHANCELLOR.—Have you an affidavit?
Mr. WINGFIELD replied, that he had the affidavit- of Mr.
Fielder, the plaintiff's solicitor., which lie would read to`the
Court. The Learned Counsel then read the affidavit, which
alleged that the plaintiff had informed the deponent, that he
believed the Honourable Lucy Elizabeth. Portman, the sister
of the defendant's mother, could give material evidence con-
cerning the question at issue, and that she was residing in
France purposely to avoid examination by the commission.—
The affidavit also alleged, that the deponent belieVed there were
several other persons whose evidence was material, who had not
.yet been examined.
The LORD CHANCELLOR asked why the plaintiff had not
sent the -commission to France to examine Mrs. Portman?
Mr. 'WINGFIELD replied, that he had not at first supposed
that Mrs. Portman was -staying in France to avoid' being ex-
amined.
The LORD CHANCELLOR said it was extremely dangerous
to keep a commission open- fot a longer period than was abso-
lutely necessary. The plaintiff : had not accounted for the cir-
cutnstance of not having examined the other witnesses, besides
Mrs. Portman, whose evidence-:he considered material. His
Lordship then directed the motion to stand over till next seal,
and desired the Counsel for,the-,plaintiff in the interim to speci-
fy what witnesses he intended to examine, and to account for
not having hitherto examined them.

BOLD V. STEWART.
The facts of this case were • fully stated in THE Stir; of
Tuesday last. His Lordship hail suspended tile injunction
which the plaintiff had obtained inconsequence of it appearing
that he4tati not supported the facts.stated in his bill by affidavit.
The practice of the Court prohibits the plaintiff from filing an
affidavit in support of his bill, now that the defendant has put
in hiS answer, and he is therefore compelled to resort to' the an-
swer of the defendant for grounds upon which he may claim a
renewal of the injunction.
Mr. HART said, the prayer of the plaintiff's bill was, that it
be declared that certain bills drawn upon .the house of
Bold and Co., of Liverpool, were obtained and deposited with
the defendant, Mr. Stewart, by means of fraud, and that the
plaintiff was not liable to pay the same; and also that Mr.
Stewart might be ordered to deliver up the bills in order to be
cancelled. The Learned Counsel. then proceeded to read the
answer of the defendant.
At two o'clock his. Lordship told Mr. Hart lie was obliged
to- adjourn the Court, but he -would take the answer or the
defendant home with him, and read it in the course of the
night.

VICE-CHANCELLOR'S COURT, DEC. 5.
EX-PAILTE SHAW IN RE 110WARD.AND tB

is HONOUR, upon coming. into Court this morning, asked
.fie parties expected judgment in this. matter.
Mr. BELL said, he believed the parties were in attendance.
The Vie-E-Casaa*cELLott then proceeded to give judgment.
His Honour repeated all the circumstances in which the ques-
tion had come before the Court. A majority of the creditors
who had chosen to vote for assignees had made choice of
Messrs. Carroll, Duff, and `ti ilkie? in opposition to Messrs,
Shaw, Pearson, and Harman. Owing to the lateness of the
hour, the assignment had not been executed as usual the same
evening. In the mean time a petition had been presented to
the Lord Chancellor, by Messrs. Shaw and Pearson, praying
that the choice should be voided, and that they and Mr. liar-
man should be declared the assignees actually chosen. The
Lord Chancellor referred the petition to him (the Vice-Chan-
cellor), and the execution of the assignment was suspended till
the question should be stated. It had, in the first instance,
been discussed in that Court, with the view of showing whether
there were circumstances in it which entitled it to be con-
sidered and determined out of its due course. Upon that point
he had come to the conclusion that it was entitled to a pre-
ference. On Thursday last it had been aped on its merits.
On that occasion the petitioners had not contended for their
election as assignees, but confined their :prayer to the
voiding of the election of Messrs. Carron, Dia, and Wilkie.
The olijeCtions to the choice were two : first, that die election had
been obtained by the canvass and solicitation, and even by the
threats, of the bankrupts; and, secondly, that Mr. Carroll,
whose ebt of 13,0001. had been rejected, had an interest-ad-
verse to that of the creditors. It was denied by the bankrupts
that they used any threats, but it was not denied that they had
canvassed, or that their canvass had influenced the choice of
assignees. The question for him to determine was, without
inquiring into the motives of parties, whether it was consistent
with the spirit and policy of the bankrupt laws that the bank-
rupts should indirectly choose their own assignees. The ad-
ministration of a bankrupt's affairs was taken entirely out of his
hands, and intrusted to persons who had power to examine the
bankrupt, and all with whom he had dealings, and
,to provide
against any application of his property that might be prejudicial
to the general interest ofthe creditors. The sth of Change 11.
devolved those duties on assignees. It was therefore contrary
to the principle and policy of the bankrupt laws that a bank-
rupt should be permitted to choose his own. assignees. He was
not aware of a case exactly like the present having ever come
before the Court; but if the principle was clear, the novelty of
the case formed no objection. If there should be cases in which
the bankrupt ought to interfere, this, was not that case ;
and therefore the possibility of exceptions could not affect, the
present judgment. Neither was it necessary here to enter into
the distinction between a bankrupt's asking a friends vote, and
his influencing the choice of assignees. In this case the choice
had been influenced by the bankrupts, and therefore that choice
could not stand. lie did not think it necessary to go into the
consideration of the other point, respecting Mr. Carroll's situa-
tion. Whether Mr. Carroll's intesest disinalined him for the
office of assignee, and whether, if his election were voided, the
choice of the other assignees was good, being questions involv-
ing general principles, he would- not give any opinion upon
diem. It might be material for the parties to consider whether
the same assignees were eligible in a new choice; but he could
not give any opinion upon that point, because it was not brought
before the Court, and because Mr. Shaw swore in his affidavit
that the majority of the creditors thought they ought not to be
assignees. But the three gentlemen he alluded to ought to con-
sider, that if they should be re-elected their election might be
again imputed to the influence of the bankrupts.
Mr. BELL begged to suggest, that it was understood if his
Honour ordered a new choice of assignees, the order would be
suspended till Mr. Gritustead and -Mr. Carroll should prove
their debts.
After some conversation between Mr. BELL and Mr:lion:NE

upon this point,
The VICE-CHANCELLOR directed the order to be made
out, but. not delivered for a dak or two, and said that Mr. Bell
might present a supplemental petition, praying- that the execu-
tion of the order should be inspenaed till tile debts allluded to
were proved.
Mr. IlonsE said, that Mr. Shaw, as provisional assignee,
must be considered as served with notice.
Ilis Honour acquiesced.
Some conversation next arose respecting the expences.
The VicE-CilitscELLoit ordered the expense of the pe-
titioners to be taken out of the estate, but refuted those of the
assignees.

COURT OF JUNG'S BENCH, DEC. 5.
At Nisi Prius.—Before the LonD CHIEF JUSTICE.
ROBINS A. BARTON.
This was an action by Mr. Robins, of Warwick-street, for
professional services rendered to the defendant.
Mr. Barton wishing to dispose of his estate in Gloucestershire,
applied to the plaintiff to conduct the sale. Mr. Robins went
down to Stow-m-the-Wold, valued the property, and adver-
tised it in the town and country papers ; eventually it was put
up at Garraway's Coffee-house, and the defendant bought it in
at 41,0001.
Mr. SCARLETT told the Jury that (for personal labour and
expence incurred) Mr. Robins charged jonly 881; The re,,,dar
cost of surveying an estate was half per cent. upon the total
of value ; but Mr. Robins was in the habit, where properties
did not sell, of making (by comkarison) a very trifling charge.
The business, the' Jury would upderstand, had been done in
the year 1813 ; and the mere outlay of the plaintiff, with in-
terest: to the present tune, would amount to more than the mo-
ney now sued for.
Mr. (lc ttNEY said that his defence would be a short one._
Mr. Robins had contracted to do the job for 401. ; and Mr.
Barton, upon the present action, had paid :M. into Court. The
appliedto,sail
at 0„„, 4‘ I had better see the property ;" greal facts of the case were these :—Mr. Barton wished to sell
his estate ; but he did not like the half per cent. and objected
(very prudently) to an unnecessary survey. Mr. Robins, bah]

the cost of an auctioneer's glance was understood, and Mr. Ro- '
bin's proposal wus negatived. Nlr. Robins then took a more
reasonable coui•sL: “ 1-should like the said) to vkw the Fstate
before I put it up : 1 am going down into the neighbourhood,
and I Will look over it." In conclusion; -Mr. Robins went to
visit a friend in •Gloucestershire : while he was staying there, he
rode a distance of two miles to Mr. Barton's estate ; he passed,
altogether, not quite a quarter of an hour, upon the property ;
and now, to turn that morning's gallop to account, -he called
his trip to Gloucestershire a survey, and charged 351. for valua-
tion and travelling expenses.
Witnesses were called on both sidei. It appeared that the
contract imputed to Mr. Robins was. an agreement for 401., ex-
clusive of commission : the charge fer commission to be asTea-
sonable as possible. A tender of 50I: was proVed by the de-
fendant. There were promises of payment. shown, from Mr.
Rarton•to the plaintiff; but it was not quite clear that, at the
time of those promises, the defendant had been cognizant of
the amount demanded. _ _

The LORD CHIEF JITSTICE left the case to the Jury, who,
after a moment's consideration, gave the plaintiff 701.

COURT OF COMMON LEA,I,S, DEC. 5.
SUDDEN ILLNESS OF A JUROR.

The first cause 'on the paper was an action of STAFFORD
againit HAISISTON, on the subject of a sewer affecting the
plaintiff's residence•at Knightsbridge.
There was a model and several plans _in Court, the examina-
tion and compariscin of which occupied the Learned Counsel at
both sides until 12 o'clock. When the trial had proceeded -thus
far, the Court was infOrmed that Mr. Langley, one of the Spe,
cial Jury, was so ill that he,Could not remain in the box. The
Lord. Chief •Justice having ascertained that the Special J uryman
(who was of extreme age) .was so-infinn'thlt mild not pos-
sibly remain to discharge his duty, observed, that there was. no
alternative brit perrnitting Mr. Langley to withdraw ; and
under such circumstanccs the only. thing to be done was to yield
to imperious necessity.
Mr. Serjeant LENS, lito was fortlie defendant, declared his
readiness to go On with,tbe remaining eleven jurors. or to consent
to call in a twelfth. to supply the vacancy which had untbrtn-
irately taken place. '
,
Serjeant 11tr.r.ocK, who was for the' plaintiff, refused
to accede to t ither.of the propositions, an,d.s:d4 that
.tire cause
must fall from the present sittings.
Mr. Serjeant LENS, denied that such a result must.follow :
• the case' must still stand as if -never tried ; antt he hoped the
Court would fix it Saturday. • - •
mr. Serjeant llum.ocr. trusted the Court would-do no such
thing : the cause must for the present fall, as matters stood.
The LostD CHIEF JusTicE said that the circumstance was
a very novel one, and he should make no order upon'the eaSe`at
this moment, whatever phantom 'might float in.his mind respect-
ing-the course about to he 'taken.
Mr. Serjeant HULLOCHE &lid, that if theplaimiff did not; un-
der existing circumstances, desire to press on his cause, it was
not for the defendant to dictate to him. - : . •

Mr. Serjeant YELL said that he Velievcd a case had occurred
on the Western Circuit,wherea juror was obliged to be discharg-
ed by illness, and where the cause remained still on the paper,
and did not lose its priority. He remembered something of a
similar kind in a criminal case on the -Western Circuit, in
which Mr. Justice Best felt himself in considerable difliculty
how to act, and,on that occasion some case was found appli-
cable to they pint in Leech's Clown cases, which decided the
'Learned Judge's Opinion.
The LORD CuiEr JUSTICE expressed an anxiety to have
the case in Leech referred to more minutely. '

Mr. Serjeant PELL lamented that his memory did not at the
Moment suggest the name, but he would endeavour to find out
the case, and communicate it to his Lordship.
Mr. F. PoLLoeic apprehended there was no difficulty ; for it
every day pccurred in the Court of King'g Bench, that when a
jury could not agree, a juror was withdrawn and the difficulty
obviated. •
Mr. Serjetant LENS denied that there was a parallel between
the present difficulty and the. practice alluded to. There must
always be a consent to withdraw a juror; for the law did not
impose such a practice, but exactly the reverse : it declared that
the jury should agree.
The remaining eleven jurors were then discharged, and no
order made respecting the cause, except the expression of the
Lord Chief Justice's opinion, that it must stand over until next
sittings.