The Sun.
London, England, 1829-07-04 00:00:00

COURT OF EXCHEQUER.

ENOWLES V. WRICLCY.
Sir Wm. Owtr,N shrived cause against a rule obtained
in this ease by Mr. Mattison, calling on the plaintiff to
suety cause why an interlocutory judgment he bail obtained
should not be set aside. The parties reside in Lancashire,
and the action was brought for an assault and trespass.
Some error arising in the proceedings, a writ of inquiry
was issued, and a Sheriff's Jury found a verdict for the
plaintiff, damages 251. The Learned Counsel contended
it was the invariable rale of all the Courts not to set
aside a verdict of this I:ind, except upon an affidavit of
merits, and there was no such affidavit in this ca•e.
Mr. Baron GARnow—ls that the invariable rule, Mr.
Pat tison ?

Mr. PATTISON--It is, my Lord, in actions for debt,
but not in others.
Mr. Baron nuer.ocK—Why did the defendant suffer
judgment to go by default, if he had a good defence?
Mr. PArrzsotc—On the 7th May we discovered an
error in the proceedings, and the defendant's attorney ias•
mediately wrote a letter to the plaintiff's attorney, asking
for a little indulgence, to which he sent a verbal message
that no answer was necessary. We consequently supposed
that he agreed to it ; but quite the contrary was the case,
for ha directly took advantage of the error, and issued a
writ of inquiry, to be held at Preston, thirty-eight tni!es
from where the alleged offence was committed.
Mr. Baron GAIIROW-Then, if I understand you, your
client made a slip, and requested a little indulgence, end
the defendant's attorney said there was no answer required.
PATTISON—Yes, my Lord.
Mr. Baron GAR/COW-Theft I say it was but natural
that your client should have supposed that the request was
agreed to. An answer ought undoubtedly to have been
returned to the application. I hope this is not the gene•
ral manner in which business is transacted in attornies'
offices in London.
Sir NI OWEN—The parties live in the country, my
Lord.

Mr. Baron GAnnow—Country or London such prac-
tice is very censurahl,.
Sir Wm. OwEN—I submit, my Lord, that the de-
fendant has lost his light to this rule by delay, having
suffered four days to elapse before he made the application.
Mr. Baron HULLOCK—We often hear Counsel talk
about loss of time, as if parties were obliged to come to
town express, and sit up of nights to make affidavits.—
The Courts require no such hurried practice, and always
wish that reasonable time should be allowed.
Ctrmmm• BARON—The Court are unanimously of opinion
that the judgment ought to be set aside, on the payment
of costa up to the time the application was made to the
defendant's attorney.—Rule absolute.
Sir \Vat. Owr:N—l wish attornics were more courteous
in their behaviour.
Baru• Iletr.oex—You may wish so, Sir William ; but
I think your wish is only idle.—(Laughter.)

After the performance of Divine Service yes-
terday morning in Westminster Abbey, the ancient cere-
mony of installation of a Lay Clerk was performed by the
Rev. Dr. DAKINS, Precentor, by order of the Dean, the
candidate, Mr. Ricua RD CLARK, having served his pro-
bationary year, the Rev. Messrs. WaTsom and LurroN,
minor canons of the Cathedral, Messrs. EvaNs and
FOSTER, Lay Clerics, and a numerous congregation, being
present. After the prayers wind on such occasions, the
following short form was read—" Cape nune sedem,
laudcs Dei celebraturas in nomine Patric, Fiji, et Spi-
ritus Sancti."

ILFRACOMBE, JUNE 29.—Lady ELLEN-
isoßoucir, who has been staying some weeks in this tom-,
with her brother, has just left, it is understood, to pro-
ceed to his uncle's, at Weymouth.
A report is prevalent that Mr. VESEY FITZ-
GERALn has been invite I to stand f r Tipperary
Free Press.

HACKNEY-COACII-OFFlCE.—Yesterclay a
number of hackney coach and cabriolet drivers Were sum-
moned before the Commissioners of Hackney-coaches, in
Essex-street, Strand, for exacting more than their legal
i farm

-4114‘N.
SHIPPING INTELLIGENCt-(TIIIS DAY.)

FROM LLOYD'S.
DEAL, JULY 3.—Wind S. by W —Arrived the
John Biggar, Kent, from Bengal; and Female,
Chapman, from Seville. Arrived from London, the
Edgar, Mann, for Quebec; John Craio-, Younger,
for Ceylon; Mountaineer,. Clark, for Quebec; and
Arethusa, Glendenning, for Jamaica.
PLYMOUTH, JULY 2.--Wind S.S.E.--The
Union, of South Shields, Evans, from StanrosA, for
Wales, in ballast, was stranded yesterday in Whit-
sand Bay, near Looe; crew saved.
FALMOUTH, JULY 2.—Wind W.S.W.—Arrired
the Sphynx packet, from Tampico, sailed the 27th
of April, Vera Cruz the 9th of May, and Havattnah •
the 27th; also the Modena, M'Pherson, from
Madeira.

CowEs, JULY 3.—Wind S.W.—Arrived the
Exquisite, Orfeur, from Terceira, in seven days.
DOVER, JULY 3.—Arrived the Margaret John-
son, Sowerhy, from Rio Janeiro.
DARTmovril, JULY 2.--Arrived the Ocean,
Wennerland, from Cette.

BRISTOL,
Jinx 3.—:Arrired the Standard, 'lotto',
from Miramiehi.

GREENOCK, JULY 1.-Arri wed the Laurel, Joseph,
from S'. Domingo; and Romulus, Auld, {loin
Alit amiehi.

DUBLIN, JULY 2.—Arrived the Royal Oak, from
Gibraltar; Fanny, Maddock, from Cadiz; and Leeds,
from Bordeaux.

CORK, JULY I.—Arrived the Pnllaq, Champion,
from Cape Breton; and Lealdade, from St. Übes.

The Atlas, from Rio Janeiro, has arri7ed off

The Legatos, from Bristol to Quebec, ran on
shone iR Chaleur Bay, previous to the 23d of May,
and was not expected to be got off; cargo saved.
The Clyde, Jones, from Belfast to Miramichi,
was lost on the Magdalen Island the 10th of. May.