The Sun.
London, England, 1844-11-21 00:00:00

NEESOM V. CLARKSON.

His Homoint also gave his decision-in this case,
which was a re-hearing—a decree having been made
in the cause in 1843. It was contended that a mis-
apprehension of the decision of the court had arisen
in drawing up the decree, and that the defendents
ought not to be allowed to stand creditors upon the
estate in question for substantial improvements
effected before the year 1821. His Honour was of
opinion that the petitioners were entitled to have the
decree altered, and counsel agreed to arrange the
minutes of the new decree to be made in the case.

COURT OF QUEENS BENCH, Nov. 20.
(Sittings in Banco.)
The Court took the Crown paper to-day, and was
engaged the whole morning in listening to arguments
in a case relating to the disputed settlement of a
pauper.

BAIL COURT, Nov. 20.
(Sittings in Banco.)

EIPARTE

Mr. liuncrnnEv moved in this case for a certiorari
to remove an indictment from the Central Criminal
Court into the Court of Queen's Bench. It appeared
from the affidavit that the present indictment arose
out of a case which went down to trial at Kingston.
It was then referred to arbitration, and was now
going on before the arbitrators. The defendant in
the action, however, indicted the plaintiff in the
action, the attorney for the plaintiff, and all his wit-
nesses, for a conspiracy to bring an action against
him. The attorney, in his affidavit, swore he had
nothing whatever to do with the cause, except as
an attorney. He stated that he wished to have the
case tried by a special jury, and to have the Solicitor-
General as his counsel, who was also the counsel in
the cause, and also that important questions of law
were likely to arise.—The application was granted.

COURT OF EXCHEQUER, Nov. 20.
(Sittings in Banco.)
Mr. Alexander, of the Oxford Circuit, having been
appointed one of her Majesty's counsel learned in
the law, was called upon by the Lord Chief Baron to
take his seat within the bar.
The Court then proceeded to take the special paper.

SMITH V. MONTEITH.

This was an action against the defendant on a pro-
mise to pay a sum of money on the disoisarge of a per-
son out of custody. The arrest was lawful and there
was no allegation of fraud in any part of the plea.
The substance of the plea was that there was not, at
the time of the commencement of the action, any
claim or demand or cause of action against Dunlop,
the original defendant, in respect whereof the defen-
dants could or were entitled to recover in the said
action. The plea also stated that the plaintiff did not
by discharging Dunlop from custody give up every
available remedy. _ _ _

.
The COURT were of opinion that the plea was not
a sufficient answer, and that the plaintiff in the action
was entitled to the judgment of the Court.

COURT OF COMMON PLEAS, Nov. 20.
TFIOMSON V. SMALL.

This was an action in trover in which the plaintiffs,
Messrs. Thomson and Co., are wholesale tin and
sheet-lead dealers, and the defendant is master of the
ship Bucephalus.
On the 20th July, 1843, the plaintiffs sold to a
person of the name of Galbraith goods to the amount
of 3991. 4s .; these goods were to be shipped on board
the Bucephalus, bound for Sidney, and to be paid
for before the ship started from London. On the
goods being shipped, the plaintiffs received a receipt
front defendant. After that, having heard that Mr.
Galbraith was insolvent, the plaintiffs demand the
return of the goods. Subsequently they received
from Galbraith a paper authorising them to remove
the goods from the ship, and defendant was served
with a notice signed by Galbraith, requiring him to
give the goods up to plaintiff, which, however, he re •
fused to do until the whole amount of the freight to
Sidney should be paid. Accordingly he took the
goods to Sidney.
The defendant pleaded the lien for freight. To this
it is demurred that the master or owners had no claim
for freight, inasmuch as Galbraith had chartered the
vessel for 1,6001., and possession of her had, by the
charter party, passed for the time to him.
Mr. Sergeant CusassELL, in support of the de-
murrer, contended that the instruction of the char-
terers to the master ought to have been imperative
on him to return the goods, whose property in them
had not determined whilst they held in their posses-
sion the master's receipt for them as theirs, and in
their name.

Mr. Sergeant SHEA, against the demurrer, argued
that when the captain was also owner (as in. this
case), the possession did not pass to the char-
terers, under any circumstances, and it had
moreover been ruled, that, for the purpose
of lien, the possession did not pass from the owner
so long as their captain and crew remained on board.
In such cases the charterers had only the temporary
use of the ship, for the purpose of freight. Where
the charterers stipulated to have the appointment of
the master, it had been decided that they had com-
plete possession, and the owners had no lien. But, in
the present instance, the owner remained in posses-
sion, continuing to command his ship, and it was part
of the contract that he should find sailors, with food
and wages. The Learned Sergeant submitted that
this charter party was merely a contract for the freight
of goods, and did not give such a possession as would
constitute the charterers owners pro hac vice. It had
been held, indeed, that where a bill had been taken
for freight the lien would not attach until after the
bill should have been due and dishonoured. In this
case the contract was for payment in two months after
the landing of the goods in Sidney ; and it was, upon
that ground, assumed for the plaintiffs that lien did
not attach, and that Galbraith had control and authority
over the ship and cargo at the time when he ordered the
captain to return the goods in question. But he
(Mr. Sergeant
thypa Shea) contended that as far as the con-
at a certain time was similar to a bill or
note, the contract was virtually like a dishonoured
bill when the defendantt set up his lien • for the
charterer had been arrested on a char of felony,
hilase
and bad declared 9 insolvent. s • Learned