The Sun.
London, England, 1842-11-16 00:00:00

BAIL COURT.-(THIS DAY.)

TILE QUEEN V. ALINCHESTER AND LEEDS RAILWAY.
Mr. BUTT applied in behalf on Mrs. Stansfield for
a. rule to show cause why a mandamus should not
issue commanding the Company to issue their war-
rant to assess compensation claimed by her for injury
done to ber house in Halifax by the Company. The
first Act of Parliament for making the Manchester
and Leeds Railway was passed in 1836, which gave
the Company power to raise embankments, &c.,
en making compensation to the parties injured.
In the year 1837, the Company obtained another Act
of Parliament, empowering them to alter the line of
railway. The house of Mrs. Stansfield was near the
second line, and the affidavit stated that its foundation
was injured by the works of the Company, and that
it sustained other injuries. Application for compen-
sation was made to the Company in 1840, but the
Company -refused to make any compensation.—Appli-
cation granted.

IN THE MATTER OF HAMMOND.
Mr. Sergeant DOWLING obtained a rule nisi for the
discharge of the defendant, who had been imprisoned
on a criminal charge made by his own daughter. The
Learned Gentleman now moved that the rule be made
absolute upon giving bail.
His LORDSHIP, having read the affidavits, granted
the application, the prisoner giving bail, himself in
2001. and four sureties in 501. each.

EXCHEQUER COURT—THIS DAY.
The Court proceeded this morning with the special
paper.

MEDINA V. NORMAN.

This was a demurrer to' a plea. The declaration of
the plaintiff stated that he had entered into an agree-
ment with the defendant to let to him on lease a house
in Fitzroy-square', the ,property of the plaintiff, at a
rent of 136/. a-year: The lease was to have been given
by the plaintiff, according to the terms of the agree-
ment, on or before the 24th June, 1841. Some mis-
understanding; however, arose between the parties,
and.the plaintiff then proceeded to institute an action
to compel the defendant to execute his contract. To
the declaration of the plaintiff, defendant put in a plea
to the effect that plaintiff was not ready to execute the
lease upon the terms agreed upon, without specifying
the precise condition which the plaintiff had refused to
fulfil.
Mr. MARTIN now objected, on the part of the plain-
tiff, to this plea, on the ground that it should have
beenless general, and should have stated the particUlar
condition with which the plaintiff had refused to
comply.
The COURT, after hearing the argument of the
Learned Counsel, decided that the plaintiff himself
should have been more specific in his declaration, and
granted leave to amend the declaration, upon furnish-
ing an affidavit of merits.

COMMON PLEAS.-(THIS DAY.)

PETITT V. MITCHELL:

The arguments in this case, which occupied the
whole of Monday, and involves a question of some
importanceto auctioneers, were resumed this morning
by Mr. Sergeant Channel], in support of the rule for
a new trial. The action was brought by the plaintiff,
an auctioneer, to recover 311., the amount at which the
defendant had bid for, and bought, a quantity of cloth
at a sale in the plaintiff's rooms. The question at issue
was, whether, according to an alleged rule in auction-
rooms, the purchaser could be compelled to pay
for goods, before he should be allowed to.
measure'. them.' Evidence was adduced on
the trial to shoW that such a rule prevailed, and that
the usage was, when the measure was discovered to
be deficient after payment, to return a proportionate
sum to the purchaser. On the other hand it was
shown, on the part of the defendant, that the rule was
not strictly enforced even in the sale-room of the
plaintiff. The Jury, however, found for the plaintiff,
and Mr. Sergeant Bompas, with whom was Mr. Ser-
geant Channell, obtained a rule nisi for a new trial.
On Monday Mr. Sergeant Talfourd showed cause
against the rule, and this day the Court, after hearing
Mr. Sergeant Channell in reply, discharged the rule,
expressing, at the same time, an opinion that the rule
set up by the plaintiff was perfectly reasonable; al-
though an auctioneer might, through courtesy, depart
from it occasionally for the convenience of a particu-
lar customer.

INSOLVENT COURT-(TP.IS DAY)

IN RE ABRAHAM UARVET, TRIMMER.
Mr. CRESSWELL appeared to move for the re-admis-
sion' of the name of Mr. John Thomas Holt into the
insolvcas schedule, under the following rather sin-
gular circumstances :—lt appeared that insolvent had
taken the benefit of the Act in the year 1821, and he,
along with
,a great number of the creditors, had since
died. The natne of Mr. Holt had been struck out of
the'schedule ;- and some time back a solicitor named
'Youngdtad by ;Chancery proceedings realiSed from a
`property:the insolvent was entitled to, and which had
lain in abeyance for a long time, a sum sufficient to
pay' twenty shillings in the pound. Mr. Molt's claim
-was upon a joint promissory note, to which the in-
solvent was a party, and the former now put in affi-
davits by his Counsel,% to show that he had received
no satisfaction for the money advanced upon this
document.
Several other applications upon grounds like the
present were about being made in this matter, when
Mr. Commissioner HARRIS said he had the oath of
the insolvent, taken 31 years ago, which was at vari-
ance with that of Mr. Holt, and showed that he was
merely a liability creditor, and had never paid 6d. upon
the bill. He should, therefore, refuse the application.

WESTMINSTER SESSIONS.
(THIS DAY.)
These sessions commenced this morning before Mr.
Sergeant Adams, and a bench of Magistrates.
Tne Grand Jury having been sworn,
The CHAIRMAN addressed them, and said lie need
not detain them, as the cases coming before them at
these sessions were all small cases of theft, which are
not tried at the Central Criminal Court. After a few
general observatiois as to the duties of Grand Jurors
he dismissed them to their labours.
The Jury returned shortly afterwards, but no case
of interest was tried this morning.

POLICE INTELLIGENCE

MARYLEBONE.-(THIS DAY.)

Richard Rogers, cab driver,-No. 3,309, was placed
at the bar on a charge of being drunk and creating a
disturbance.
Samuel Colley, a cab proprietor in Chelsea, said
that the .prisoner was engaged by him to drive the
cab No. 1,173. A gentleman called upon . witness
yesterday afternoon, and said that his man (the pri-
soner) was so drunk at Charing-cross as to be quite
incapable of driving. He got into a chaise and drove
to the place, but could see nothing of him. He traced
him, however, through various —streets, until he
found him in the neighbourhood of Bryanst( n-square,
where the cab was stopped, and the prisoner was drunk.
He would take the opportunity of stating that it was
the duty •of the Registrar, Mr. Wedgewood, to in-
, quire into character, before granting driver's licenses.
He had heard for instance that the man at the bar had
driven over an old man and killed him, once before.
Mr. Colley added that the prisoner•was tried for the
offence, at the Old Bailey, and he believed sentenced
to six months!, imprisonment. The characters of cab-
men were generally so. bad, that a stand at the top of
the Haymarket was called " The Thieves Rank."
Mr. RAWLINSON sentenced the prisoner for two
months to the' Hoilse•of.Correction.

UNION lIALL.-(THIS DAY.)
Four men in a destitute condition were charged
with assaulting the porter of St. George's work-house.
Last night fifty:six men in a state of destitution
npplied for admission into the work-house, amongst
hom were the defendants. There being' only room
forty. out of the above number, the remainder were
ii forined of the fact, and they accordingly retired,
t'xcept the defendants, who endeavoured to force
their -way into the house, declaring their determina-
tion not to be kept out in the street in such a night.
Finding, however, that the porter opposed their en-
trance, they, `according to his account, " pitched into
him, and gave him adrubbing." They were then given
into custody.
The defendants were committed for 21 days each
to hard labour.

STOCK Exc 11ANGE, PARIS, MONDAY, QUARTER
TO Two o'CLocx.—Three per Cents. 80f. 46c.
The German Diet have come to a resolution to
purchase the house and the several collections of
Goethe, at Weimar, and to preserve the whole as a
German national monument.
The Journal de Frankfort states that there have
been recently discovered, in the vicinity of Nikolstadt,
in Silesia, stones so mixed with veins of gold, that one
alone yields the value of seven ducats.
Mr. Robertson, farmer, Tamnaven, Cabrach, while
fishing in the Dereron the other day, caught a trout
twelve inches long, and in its stomach were found two
mice !—Forres Gazette.
Their Royal Highnesses the Duke and Duchess of
Cambridge, the Princess Augusta and suite, honoured
the Haymarket Theatre last evening with their pre-
, Bence.