The Sun.
London, England, 1821-11-05 00:00:00

rE)IIIERTON V. ITArNT.

Serjeant VAL-G HAN' stated that this was :Inaction of
pass brought the defendant for entering the plaintiff's
dwelling house and taking-his goods. It appeared that an agree--
talent hail been entered into. between the parties,' by Which the
plaintiff was to become tenant of a house and cellar for a certain
term of years, paying annually the sum. of 551. as rent for the
same. That soon after he had taken possession of the pramis,es,
a person named Middleton had entered by virtue of a former
demise of the defendant's, and bad.tvicted him, on which the
defendant agreed by a parol that he should only pay SCI. per
annum until he had possession of the cellar delivered up to him.
When, however, the rent became due, the full sum. was de-
manded, and on the plaintiff refusing to pay so much, on ac-
count of not having,possession of the cellar, a distress was on
a Saturday evening put into his house, to his great inconveni-
ence and vexation, as his business (that of a butcheo'then re-
quired his Uninterrupted attention. When these facts had beta
fully proved,
Mr. Serjeant PELL objected, that parol testimony of the de.
fendant's consent to deduct 51. per annum from the rent could
not be received, as there was a bond of .the same date .as the
agreement conditioned for its due performance.—After this bend
had been put in evidence,
Mr. Serjeant VAUGHAN was heard in reply to the objection.
He contended that the plaintiff could not be considered as liable
under the bond, without having full enjoyment of the premises
for which he was to pay rent; and instead of this lie had been
evicted from a part of them.
Lord Chief Justice DALLAS expressed his opinion, that there
could be no doubt as to the justice of the case ;- but he should
wish the assistance of his Learned Brothers to decide upon the
law., . .

A verdict was then taken for the plaintiff, with liberty for the
defendant to move to set it aside upon the point reserved.

LIVERPOOL QUARTS. SESSIONS.

On Monday last (29th ult.) the Michaelmas Quarter Sessions
commenced in the Court-room, within the Town-hall, before
Richard liullin, Esq. the Worshipful the :Mayor ; James
Clarke, Esq. Recorder ; and Peter Bourne and Charles Pole,
Esqrs. Baliffs.—After the Town Clerk had read the King's
Proclamation for the Suppression of Vice, and the Grand Jury
had been sworn, the Learned Recorder delivered a charge ; in
the course of which he made the following observations upon
the unlawful combinations of certain artificers in this town :
" There is another subject to which I advert with consider-
able pain ; I mean the combinations some short time ago illc-
•gally entered into by a class of labourers in this town. 'They
were carried on with a most mischievous activity, and at-
tempted to be enforced with even sanguinary violence. Ber-
sonal threats were followed up by the most malicious attacks
upon the persons of those who worked for-what were consitleted
as under wages : forgetting that labour is free. to all, and every
man at liberty to adopt or reject such terms as are offered t
hint. The law has, however, I hope, corrected these arbitrare
and oppressive proceedings; for many of the offendcis sir'
now suffering imprisonment fir their misconduct, and two: of
them have received sentence of death for maliciously shooting
at and maiming for life a most industrious workman 5 and the
sentence, as far as respects one of them, aotwithstanding every
effort to obtain the royal merey,has been carried into executihn.
I know the Learned Judge before whom the trial proceedeJ,
looked, as he always does, with eagle's eyes throughout- Cee
whole of the case, to find any circumstance of mitigation • but,
not discovering any; the law was left to take its course. ftrust,
therefore, that all the labouring classes in this town will derive
instruction from this awful event, for that is the great end el
punishment ;. and I think I may further add, .that their ind'us-
try will never be rewarded with a niggardly hand, althougir
the price of it must necessarily be regulated' by rn almost
fi-
nite variety of circumstances which govern the system of trade
and commerce."

The calendar contains the names of ill prisoners charged
with felony, and of 44 with misdemeanours and assaults.
The Grand Jury, at the close of their labours yesterday
(Tuesday the 30th ult.) having presented the
.nuisance caused.
by the smoke arising from the furnaces of the vsriens steam-
engines in this town, which do not consume their smoke, we.
may expect that the provisions oflllr. Mr. A. Taylor's Bill will
shortly be carried into effect, as our worthy thief Mafr,istrate
assured them, that their representation should have his prompt
attention.—(Liverpool Courier.) •

HOWARD AND GlRRS.—Another meeting of the
creditors of this firm took place on Saturday. A
claim was made in behalf of Mr. Chaplin, for a debt
of 4801. which was disputed by Mr. TRESLAW, on
the ground that there had been usurious charges
in the former dealings. Mr. MONTAGUE contend-
ed, that an account closed by inutual consent-
could not, affect the present claim. The Com-
missioners postponed the further consideration of
this claim. The Commissioners then intimated
that the creditors might proceed to the choice of
Assignees. Mr. Havelock wished for some short
delay, not having received his father's final-in-
structions on this subject. The Commissioners
said; they could not consent to any further delay.
Mr. Havelock, after some hesitation, declared.
that he would not vote at all. The creditors
then retired to Guildhall Coffee house. On
their return, Messrs. Carroll, Duff, and Wilkie
were therefore chosen assignees under this Com-
mission, by a majority of, between four and five
hundred, and Messrs. Richardson, Fisher, and
Lake, of Bury-street, St. James's, were imme-
diately appointed solicitors to the, assignees.
Messrs. R., F., and L. were solicitors to the
assignees under the late Commission.

LORD MAYOR'S DAY.—Saturday, the Right
Hon. the Lord Mayor, accompanied*by the Lord
Mayor elect, rthe Sheriffs' City Officers, &c. pro-
ceeded in state from the Mansion-house to Guild-
hall, where they were joined by several distin-
guished members of the Courts of Aldermen and
Common Council, and proceeded from thence to
'Westminster, for the purpose of invitiiic, the
Learned Judges and other distinguished h Irac-
ters to the grand civic entertainment given in hon-
our of Lord Mayor's Day, which takes place on
Friday next.'

Sir RICHARD SUTTON, Bart. whilst hunting on
Thursday the 25th ult. had the misfortune to
stake his horse,a very valuable animal, and little
hopes were entertained of its recovery.