The Sun.
London, England, 1845-07-02 00:00:00

SIATFIELD V. PHILLIPS.

Their Lordships gave judgment to-day in this writ of error
without calling upon the counsel for the defendant in error. Their
Lordships ordered the judgment of the Court below to be affirmed
with costs.

D•RLEY V. THE 4 UEE.I.
The arguments in this case occupied their Lordshipe the
whole day.

ROLLS' COL lc I, .111/y 1.
His Lordship the Master of the Rolls sat in his Court in Chan.
cery.lane to-day, and heard unopposed petitions and short causes.

ViCE-CHANCELLO liS' COURT, July
(Before th• Vics-Crihrresta.og of ENGLAND.)

His Honour was occupied the whole morning with the part.
heard cases of Jenkins v. Cross and Jenkins r. Briant, which came
before the Court upon exceptions and further directions.
(Before the Vice Chancellor KNIONT BRUCE.)
EXPARTE MOORE IN RE WESTROPT.—JUDGMENT

His HONOUR gave jugment in this bankrupt petition to-day, the
object of which was to allow the proctor in the suit in the Eccle-
siastical Curt to prove his costs as a debt under the Commission
The Court allowed the profit

(Betore the Vice-Chancellor Wiaitass.)
Liturica V. INGERSOLL.— JUDGMENT.
His Homoua gave judgment in this case to-say, the arguments
in which were toncluded yesterday. she •case came before the
Court upon motion, the ooject of which was, on behalf of the in-
fant plaintiff, to remove the next friend, and for the ap-
poiniloent of a new one. His Honour said there was
no grout.d for imputing delay to the nett friend, or fot the Court's
aettil upon that suppositicn without an inquiry. The ground of
the application was that the solicitor in the suit, and of the next
friend whom he had appointed, ought not to have been the solicitor
in the suit. Now the question in his Honour's mind was, whether,
if he mane the ordtr asked, it would be for the benefit of the infant.
The Court thouent the application a proper one, so far as it would
withoraw thy control of the suit from Mr. Elworthy, the solicitor
of the next friend. On the whole, his Honour thought that the
best cour,e I,e could ,dept would be to refer it to the Master, to
appoint a new next tiiend, who was to give security for the costs
alrca,ly incurred, and to pay Mr. Elworthy's costs as between
solicitor and client. Mr. Elworthy to pay the costs of the present
application, a,d the costs of .appointing the next friend, the Court
reservieg the question by wham ultimately the whole of the costs
were to be borne, and all further proceedings to be stayed till atter
the Mader had made his report.
FIANCis V. GRoVER.--JUDGMENT.
His HONOUR stated that his opinion in this case was, that the
annuity was not barred altogether. As to the revocation of the
leg .cy, the Court thought there ought to be an issue to try whether
the words in the will of the testator written in pencil formed part
of his will.

Mr. WALKER said it would be impossible to try the issue at the
nett assizes at Monmouth, as they would take place very shot tly.
He would suggest that the issue should be tried at Bristol.
Mr. ROMILLI' could see no objection to the proposition, but re-
quested that the case might stand over till Thursday, in order that
he might communicate with his clients.
The case was accordingly ordered to stand ever till that day.

SHERIFFS' COURT. July 1.
(Before Mr. Under-Sheriff Bveceeu..)
BARROW V. JUPP.

This was an action to recover the sum of 19/. 14e. 9d., for coals
supplied to defendant.
Mr. Caouca said, the plaintiff is a coal and iron owner at Rugby,
and the defendant is a coal merchant at Paddington. In April
last the master of a barge belonging to defendant called and asked
for a boat-load of coals on credit for defendant, until delivered at
Paddington. This was agreed to, and plaintiff's agent also con-
sented to pay the tonnage, and add it to the account. The coals
were subsequently delivered, but defendant refused to pay until an
action was commenced, when defendant called on plaintiff and ten-
dered the amount of the demand, but without costs. The plain-
tiff's agent refused to take it on the ground that it was to be paid
in London.
The evidence, however, went to show that defendant said he
had gi►en the money to Marlow, the captain, and if plaintiff did
not like to take it he might go on with his action, for Marlow was
the person to be looked to. The coals were charged at I Is. 6d.
per ton, with 2s. 10 tqd. per ton for lock dues,4l. a ton for freight..
age, and Is. ld. City dues.
For the defendant it was contended that the dealing was between
Marlow and plaintiff', but that nevertheless the amount had been
tendered to plaintiff's attorney, who refused to take it unless ss.
was paid for a lett, r demanding pd)ment.
The jury gave a verdict for the defendant.

SURREY QUARTER SESSIONS.
Guildfbrd, July 1.
The General Quarter Session for the county of Surrey
was held t-day at the Court-horse, Guildford. The
following magistrates were pr sent—G. I'. Nicholson,
E q., chairman ; the' Earl of Lo,elace, Lord Grantley,
11. Kemble. Esq., ; E. It Adams, Esq ; T. Pin•kle,
E-q. ; Coh-n. Eaq. ; J Briscoe, Esq. ;C. Bawley,
E.g. ; J. W. Fr,,slitield. Esq. ; C, lon,l Challenor„ C.
Fi an, Esq.: T. E. Johnson, Esq ; R. C. Austen.
Esq. ; Colon, I Sumner, Capt..iii Parrott, W. Stz.aliar,
E-q.
-vt rnors and surge,:ns of the d.ffereot gac Is in
she county rept,rull •helr stahltshments
w. r: in ab, eca dition The numb. r• f pri-oners
xr "pre,ent c.a.ti e, it' Honit.roonge, 146 men and
30 women ; 11l (-elk,,drorcl, 107 ri.7J.r. :and 18 -. om. n ; in
Brixton, 200 men and 59 women ; and in Kin;.,ston, 28
nut-ii and 13 w itnern

THE COUNTY FINANCES.
Mr. SMALLPIECE. the cot.nty treasurer, made a renori
of the stale oi the tith,nees of the count‘. from whit h it
avear, d that th. last tw- pehny con,.ty (ate hart re-
d the sum of 18,336/ 12 . 611., which sum ba• u
incleaLe.; by other it. ots to 19,772/. 14s. Ild He had
exp. !pied on Leh?.lf of the county 11,664/. 114. 81.
which left a balance of 8,1081 3s. 3d. ; but there were
outstanding athouTlts now due. amounting to
10.70 U. 35., so that he would he ,!eticient the sum of
2,5901., crid he therefore requested the court would
grant a fresi, rate et twopen, e in the pound.
remark 11,...ving been made upon tie bench, to the
effect that tre xll nd.ture of the county appeared to be
very Witell on the incresse,
The .1-IIEASUIIER said it certainly had. The addi-
tion,tl i.t accent the new lur.-,tie mist lurn v.as
;arc ry.es,,ii t. r it, and the Yee nt Aet if Pali:amen.,
givung c rollers the poser to pay the expet,ses of it-
nesses, &c., tad also entaile I a very considerable addi-
tional. xpense on the county.
Ti e report was then received, and a fresh rate at two-
pence in the pound ordered to be put in collection.
Directions were also given to Mr. Onslow, the deputy
clerk of the peace, in conformity with the resolution
passed at The last sr- ssion, to give notice to the difft rent
parishes that the am •unts due from them, respectively,
must be paid within six weeks from the time of the order
being made upon them, or the fine of ten per cent.,
which, by the last Act of Parliament for the purpose of
giving facility to the collection of county rates, was
directed to be inflicted upon all defaulters, would be
enforced.