The Sun.
London, England, 1844-01-29 00:00:00

COURT OF EXCHEQUER, Jan. 28

(Sittings at Nisi Prius, before Air. Baron ROLFE and a
Common Jury.)
EVELEIGH v. FURSSORD.

This was an action to recover from the defendant a certain
quantity of goods and chattels, which were assigned to the
plaintiff by his nephew by a bill of sale. The plaintiff, who is
a member of the Society of Fri.nds, became security in the
amount of 1001. for his nephew, who was formerly a coal com-
mission agent, and who, becoming embarrassed, was dismissed
by his employers, to whom the plaintiff paid 99/. ss. 3d. for
moneys which his nephew had received on account of the firm.
Subsequently the goods were distrained by the Sheriff at the
suit of the defendant, against which the plaintiff appealed before
a Learned Judge, who decided that the Sheriff was acting
legally. The plaintiff now appealed against this decision, and
in support of tie bill of sale, which he contended entitled him
to the ownership of the property. Ilis object in bringing the
present action was, not to recover damages, but that a jury
might determine to whom the property really belonged.
On the part of the defendant, his Counsel (Mr. Eace)
complained of the extreme hardship of cases of this nature.
A man might refuse to pay a debt—his creditor is compelled
to issue an execution on his property. A writ is issued, and
then a relation steps forward and, producing a piece of paper,
declares the property to be his. Why, so soon as a man gets
into difficulties he might say to a relation, let me have some
money and I will give you a bill of sale on my property, thus
defrauding his creditors, who may have trusted him to a consi-
derable extent, on the supposition that he (the debtor) was
possessed of considerable property. This was a plan adopted
by an embarrassed man. It was an established maxim amongst
lawyers, from the reign of Queen Elizabeth to the reign of
George the Third, that unless possession immediately accom-
panies a deed it is a batch of fraud. The Learned Counsel
cited authorities in support of this doctrine, and contended the
bill of sale was a private transaction, not likely to be enforced,
unless the plaintiff's nephew should get into difficulties. It
was net stamped until the present action was brought, and
therefore illusory and fraudulent.
The Learned JUDGE summed up. It was easy for a man to
set aside his property for the benefit of one creditor to the ex-
clusion of others. The transaction was not fraudulent in point
of law—in a moral view it might not be strictly honourable ;
it was very difficult for juries to determine questions like the
one before the Court; the absei.ce of a stamp at the time of
executing the deed was not fraudulent ; a penalty of 5/. wns
inflicted when executed deeds were stamped, and parties, espe-
cially relatiow, desirous of saving expense, keep deeds, un-
stamped, by them until a dispute may wise requiring their pro-
duction in a Court of law.

Verdict for the plaintiff.
TOWN V. GAWDERY.

Mr. Thesiger and Mr. Godson appeared fer the plaintiff ;
Mr. Jervis and another for the defendant.

This was an action to recover compensation for the loss
which the plaintiff had sustained by the death of a mare which
was lent to the defendant, a brush maker, residing in Green-
wich, to carry a quantity of goods to a wharf near the Tower.
On passing over Blackhorse-bridge, near Deptford, the mare
being driven at a rapid pace by the defendant's son,
reared, and fell. On examination her knees were found to be
dreadfully injured, the ligatures being completely severed, so
that, recovery being hopeless, she was destroyed the same
evening.
The evidence adduced on behalf of the plaintiff, went to
prove that the mare was driven at a rapid pace ; that the de-
fendant's son was thrown over head with consideraMe violence,
and was even desirous, atter the accident, of driving to town ;
and that the mare never " jibbed," never fell, and was in every
respect in excellent working condition.

Sir C. F. Wir.LxAms thought there would be ample means
of investigating the pro:tf at the private meeting ; if these
technical obj .ctions were to be made now, a week, and not a
day, for the -hoice of assignees, it would be a great delay of
justice if be could not take proofs, subjeei to searching inves-
tigation, if necessary, hereafter.
Mr. Blunt said that if the proof was not sufficient, he had
enough witnesses to prove that the mortgage moneys had been
paid to the bankrupt.
Mr. Reece of jeered to the proof of a debt, if it were incurred
in the character of trustee, and not executor; but if there were
to be a private investigation at the expense of the estate, he
would hv anti-fied.
The proof of the executors was thee admitted de bone ease.
M. Palmer, in answer to the Commissioner, said that Mr.
Blair's 4,000/. aas a sum which had been invested on mort-
gage, which Mr. Bromley persuaded Mr. Blair to release, and
the money was left in the bankrupt's hands for investment,
which had not Leen done. This also was the case with all the
other debts he was about to prove.
'lnc bankrupt, in reply to a question as to when he would he
able to give an explicit account to the assignee, said he had
been away from his office for six weeks, and his papers were in
collusion. lie had given information to each individual cre-
ditor.

Mr. Reece said that, up to the present moment, neither the
official assignee nor the creditors hod received any account
from the bankrupt:
Sir C. F. WILLIAMS observed that this arose, probably,
from the illness of the bankrupt.
Mr. Reece said it was only necessary to give to the official
assignee, in the gross, the ieformalion the bankrupt had given
irdividirlly to the creditors.
The bankrupt thought it would take a fort niaht to complete
this lull information. lie handed in a list of aphis books.
Mes-irs. flair's proofs were then admitted.
The proofs this day made amounted to 50,0001. ; the whole
debts of the estate being estimated at 12.0,000/.
Mr. John Bonier, brother of the Archdeacon, and Mr.
Thomas Blair, were appointed assignees ; and Messrs. Pick-
ering, Smith, and Company were appointed solicitors to the
assignees.

(Before Mr. Commis,ioner FA NF.)
THE ISLE OF WIGHT BANK—IN RE J. KIRKPATRICK.

This day was appointed for the declaration of a dividend under
this esta'e. Proofs have been admitted to the amount of
132.000/. ; 2s. 6d. in the pound has already been paid ; Is. 6d.
in the pound more will be officially declared in a few days ; and
a further one of 6d. in the pound is expected.
(Before Mr. Commissioner HOLROYD )
THE CANTERBURY BANK-1N RE HALEORD AND CO.
. .

A dividend meeting under this estate was held to-day, when
it appeared the separate estate of Mr. Halferd would yield a pre-
sent dividend of 3s. or 4s. in the pound, the joint estate having
(as we understood) already paid ss. 94.,

COURT OF SEWERS.
A special meeting of the Court of Sewers for the City and
Liberty of Westminster and part of the County of Middlesex,
took place on Friday at the Sewers'-office, Greek•street, Soho,
for the purpose of resuming the consideration of the inquiry
itoo the accuracy of the documents upon which the Court paid
to the contractors in the year 1843 the sum of 21,767/. 10s. 4d.;
to a-certain the asthority of the Coert to lass any " laws,
ordinances, or constitutions," in cprosition to the general lags
of sewers, as laid down in the statutes and the judicial deci-
sions thereon ; to elect a new assistant surveyor, and also a
fourth clerk of the works.
T. L. Donaldson, Esq., took the chair nt 12 o'clock.
Mr. LESLIE deprecated the course that bad been pursued on
the present cc, asion. namely, that of tacking on to the pro-
ceedings of a Special Court a contested election.—(Hear. )
The subject that he was about to br;ng before the Court was
perhaps the most important that had ever been brought before
it, and it was not fair to the public or to himself that they
should be interrupted by an election, which he for one eon-
sidered totally illegal. Between two and three o'clock there would
probably be two or three hundred Commissioners come down
to the Court for the purpose of voting, and could any one say
that that. would not disturb the calm discussion which ought to
take place on so important a subject. lie had at the last
Court objected to this mode being adopted, and he did so still.
He trusted if any inconvenience was found to result from the
election taking place, the Court would allow him to adjourn
the subject to a future day.
The CHAIRMAN said there could be no objection to the
adoption of such a course. No blame rested with him for the
manlier in which the businc'ss had been arranged for that day.
Mr. LESLIE, seeing Mr. Smith, the Solicitor to the CoE-
missioners, in Court, wished to know why he was in attendance?
The CHAIRMAN said that he was there for the purpose of
assisting the Court upon any legal points, and to answer any
legal questions that might be put to him.
Mr. LESLIE wished to know Mr. Smith's interpretation
of the clause in the contract with respect to the delivering in of
the contractor's bill. The interpretation of the clause was, that
in order that no detey should take place, the contractor
should deliver in his bill every quarter, and that until he had
brought in his bill, he was not entitled to any interest, suppee-
hig it should not be paid for six months.
Mr. SMITH agreed with the worthy Commissioner in that
respect, but he would ask him whether, according to the terms
of the contract, after the bill was delivered, the interest did not
go back to the previous quarter?
Mr. LESLIE then proceeded to argue that the contractors
had broken their contracts in almost every one of their provi-
sions, that they sent in their bills for work done that was not
completed, that measurements were not made for diggings,
that they had charged for the timber used upwards of
19 per cent. above the contract prices, and they had charged
for carrying away rubbish, which they were not entitled to do.
The Learned Commissioner then examined several of the offi-
cers of the Court to prove these facts, and particularly with
respect to Messrs. Ilennett's bill for the quarter ending on the
24th of December, 1812, in which 3001. 3s. 7 d. was charged
for works in Newton-street, llolborn. From this examina-
tion it appeared that the work was not completed when the bill e
was bent in, although it was charged as being so ; that no '
vouchers could be discovered in the office for it; that the en-
tries of the measurement were made two or three days before
it took place ; and that the accounts kept by the officers of
the Court were most irregular, inaccurate, and inconsistent
with facts ; in short, that the accounts, instead of giving a
clear statement of the proceedings of the Commissioners, were
calculated to confuse, lerplex, and mislead the Commissioners.
The worthy Commi.sioner said that every member of the
Court ought to rush forward and do all in their power to put
an end to such a system.
It being two o'clock,
The CHAIRMAN proposed that the Court should now pro-
ceed to the election of a new Assistant Surveyor and fourth
Clerk of the Works.

Mr. I..EstrE felt compelled to express his regret that the
proceedings of the Court had compelled him, and those who
agreed with him, to be present to witness a proceeding which
they considered illegal. For his own part, he would much
rather that the subject should be adjourned to another day, that
he and those who thought with him might retire from
the Court. He was s illing that the subject should stand over
to any day most convenient to the Court. The worthy Com•
missioner concluded by proposing that the subject should
be adjourned to Tuesday week at eleven o'clock, on the ground
that the next point he had to bring before the Court involved
a quostion that could only be answered by Mr. Doull, the
principal surveyor, who was absent from ill-health, and that
the suLject could not be calmly considered on a day appointed
for an election of officers.

After some discussion a show of hands was taken upon Mr.
1,( she's proposition, when there appeared—
For Mr. Leslie's motion
Against it
Majority against Mr. Leslie's motion —l
The motion was consequently lost, and at three o'clock the
election having terminated,
The CHAIRMAN stated that the choice of assistant Surveyor
had fallen on Mr. Hawkins, there being for Mr. Pole 15, for
Mr. Hughes 1, and for Mr. Hawkins 31. Mr. Phillips was
elected fourth Clerk of the Works.

„..
Mr. Has kips and Mr. Phillips were called id and informed
by the Chairman, no doubt very much to their satisfaction,
that they were the successful candidates. Mr. Phillips was
ordered to commence his duties on Monday next, and Mr.
Hawkins on Alonday week. After some fnrther discussion, tl►e
subject brought forward by Mr. Leslie was adjourned to Tuesday
week, at eleven o'clock, and the Court adjourned to Friday
next, the 2d of February.

MR. TEMPLETON'S NEW MUSICAL ENTERTAIN-
MENT, HA NOvEn, SQUARE. Roosts.—Mr. Templeton produced
his 'new musical entertainment " The Beauties of Burns," on
Thursday evening last, being the anniversary of the birth of
Scotland's favourite bard. The songs selected were well en-
titled to be denorrinated the " Beauties of Burns." We will
content ourselves with enumerating those only which were en-
cored. " Farewell thou fair day," " Corn rigs are bonnie,'
" Scots wha' hae," " Rattlin roaring Willie," " MY
Nannie,
Oh !" and " Green grow the rushes Oh l" Nothing can prove
the delight of the audience more completely than the fact, that
there were six encores during the course of the entertainment.
His introductory observations to the different songs were very
appropriate, and were
whichintersprearisseedd
mayw tnh na m
hearty e eo si
al
ui vgehl y f
raonmd
interesting anecdotes,tl
his hearers. " he Beauties of Burns is a delightful enter-
tainment, and, we think, Mr. Templeton must hive felt highly
gratified at the very flattering manner in which it was received.
The room (the large worn, Hanover-square) was exceedingly
well filled.

THENEXT DISTRIBUTION of MONEY
DIVIDENDS, AUMORISED and GUARANTEED
Ur HIS MAJESTY the EMPEROR of AUSTRIA, contains
MONEY DIVIDENDS of
f.. 50 £6O £7O £BO
£OO £lOO £llO £l2O
£l5O £2OO £lOO £6OO
£BOO £l,OOO £1,500 £5,000
and .£2.3,000 sterling.
Amounting together to £70,170 sterling.
Direct for PROSPECTUS with full particulars, WITH-
OUT
DELAY, to
HEINE BROTHERS, at HAMBURGH,
Or. to HEINE BROTHERS, at LUBECK.

THEATRE ROYAL, DRURY-LANE.
THIS EVENING, JANUARY 29,
Will be performed Shakspeare's Play (as altered by Crbber) of
RICHARD 111. Richard, Duke of Gloster, Mr. Charles Kean;
Duke of Buckingham, Mr. Cooper; Duke of Norfolk, Mr. G.
Horncistle; Earl of Richmond, Mr. Hudson • Elizabeth, Mrs.
Warner; Duchess of York, Mrs. Selby; Lady Anne, Mrs. St,rling.
After which, will be repeated a New Wand Comic Christmas
Pantomime, entitled HARLEQUIN AND KING PEPIN ; or,
VALENTINE AND ORSON. Harlequin, Mr. Howell; Colum-
bine, Mi..: Carson; Clown, Mr. T. Ridgway ; Pantaloon, Mr.
Blanchard.
Dress Boxes 71., Second Price 38. Gd. ; Upper Circles ol Boxes 55.,
Fecond Price 31s. ; Pit :la , Second Price 5..; stddle t'allery 21..
Second Price Is. j Upper Gallery Is., Second Pi-mend.
THEATRE ROYAL, COVENT.GARDEN.
M. JULLIEN'S CONCERTS.
THIS EVENING, JANUARY *-9.
PROGRAMME FOR THIS EVENING—PART L
Overture, Vreciosa—Weber.
Buff Quadrille, on Airs by Mr. John Parry—Jullien.
Beethoven's Siefonia in A, the Andante Movement.
Valise, Le Bouquet Royal -Jullien.
Duo, Cornet-a-Piston and Ophicleide, by ilerr Koenig and M. Pros-
_pere—Rossint.
The English Quadrille—Jullien.
PART IL
First Movement of the Grand Symphony—Roth Albert.
Solo, Flute, Mr. Richardson.
New Quadrille, The Irish Echoes —Jullien.
Valse, Bird of llaiadise, received with the greatest favour at the
Nobility's Balls—Koenig.
Durletta Quadrille, entitled Dancing for the Million —Julllen.
- Doors Open at Halt past Seven, commence at Eight o'Clock.
Promenade, is , Upper Boxes, Is.; Dress Circle •2s. rid. ; Private
Poxes, 11. Is. 'tickets to be obtained at the Box-oftice of the
Tneatre; of Mr. Mitchell, t Bond-street; Mr. Andrews, New
Bditrt-street ; Mr. Sams St. James's-street; and M. Jullien's Office,
3, Maddox-Atect, Bond-street.

THEATRE ROYAL, HAY MARKEL
Mt. BENJAMIN WEBSTER, LESSEE.
THIS EVI,NING, JANUARY 29,
Will be repeated the Comedy of THE MERRY WIVES OF
WINDSOR. Sir John Falstaff, Mr. Strickland; Master Slender,
Mr. C. Mathews; Mr. Ford, Mr. Stuart; Mr. Page, Mr. Howe;
Fenton, Mr. Caulfield; Sir Hugh Evans Mr. Webster; Mrs. Page,
Madame Vestris ; Mrs. Ford, Mrs. Nislaett ; Mrs. Quickly, Mrs.
O over ; Anne Page, Miss Mattley.
In the course of the Evening Mr. John Parry will sing " The
Accomplished Young Lady."
To conclude with a New tarty Extravaganza, entitled THE FAIR
ONE WITH THE GOLDEN LOCK-it King Lachrymoso, Mr.
J. Bland; Prince Graceful, Miss P. Horton ; Queen Lucidora,
Miss Julia Bennett
Orchestra Stalls, ew. ; Boxes, ss. ; Pit, es. ; Gallery, 173.; Upper
Gallery, Is. Half-price—Boxes, 35.; Pit, IN.; Gallery, Is. ; Upper
Gallery, 6 Hd. Doors opened at alf-past Six, and the Performances
commence at Seven.
rickets and Places to be had of Mr I. T. Archer, at the Box-
office, from Ten till Five.

THEATRE ROYAL, ADELPH I.
The Pest Pantomime ot the Season—ttorgeout Scenery.
THIS EVENING, JANUARY 29,
Will be produced a New Play, in Three Acts, entit NI JUDITH
OF GENEVA. Piinripal Characters—Messrs. Lyon, Wright.
O. Smith, Miss Chapin, and Mrs. Yates.
To conclude with the Grand Christmas Pantomime, called HAIL
LEQUIN BLUE HEARD, or, The Fairy of the Silver Crescent.
Praoucod with Enormous S:ilendonr and Wotalertul Effects:
Columbine, :Hies Bullets ; Harlequin Quicksilver, by the inimitable
Wteland ; Clown, by the Grimaldi of the day, Mr. T. Matthews,
from the Theatres Royal, Covent-gatden and Drury.lane; Panta.
loon, Mr. Johnstone.
Boxes, 4s ; Pit, 2s. ; Gallery. ls. ; Secand price at Nine. Doors
opati at Six, commences at a Quarter before Seven o'Clock.

I'RINCF.SS'S THEATRE, OXFORD-STREET.
LESSEE, Mr. J. M. MADDOX.

THIS EVENING, JANUARY 29,

Will be repeated ail Grand Opet:a of the MAID OF JUDAH.
Ivanhoe, Mr. Wood; Friar ruck, Mr. Paul Bedford; Rebecca,
Mrs. Wood.
Po conclude with the New Musical Burlesque Spectacle, entitled
THE MAGIC MIRROR. Sing Song, Mrs. H. P. kirattan; Poo.
Poo, Mr. Paul Bedford ; Sloe•l.eat, Miss R. Isaacs.