The Sun.
London, England, 1842-02-08 00:00:00

ROLLS' COURT.-(THIS DAY.)

GARDNER V. 51'CUTCIIEN.
This case was opened by Mr. Pemberton on the last day of
Hilary I erm. The bill alleged that the defendant had been em-
ployed by the plaintiffs as captain of a vessel trading to China and
the East Indies; that as such it was dis duty to trade solely on
the partnership account, but that he had used the ship to trade
on his own account, and had applied the profits of such trading to
his own use. The bill Prayed an account against the defendant.
The defendant, in his answer, stated that the ship was always in
ballast when he had traded for himself, that he had never traded
to the injury of his employers, and that he had only done what
was the constant practice of captains of vessels who were placed in
similar circumstances.
Mr. SPENCE addressed the Court to-day at great length for the
defendant. The Learned Counsel had not concluded when we
went to press.

VICE-CHANCERY.-(THIS DAY.)
(Before the VICE-CHANCELLOR of ENGLAND.)
His HoNoua was engaged during the day in hearing motions,
none of which possessed any general interest.
(Before Vice-Chancellor \VIGRA:v.)
SALHELD V. JOHNSON.
His HoNoug pronounced judgment in this cause. The plaintiff
was the Vicar of a parish in the county of Cumberland, of which
parish the Bishop of Carlisle was the Rector. The defendants;
excepting the Bishop of Carlisle, were the occupiers of land within
the parish, and the bill prayed an account of turnips, rye-grass, clover_
grass, and all other grasses not included in great tithes. A great
part of the plaintiff's case rested upon Lord Tenterden's Act, and
his Honour decided that in that respect the Vicar had failed to esta-
blish his claim. The Rector had put in a disclaimer, and the tithes
being due to some one, he felt himself at liberty to use that dis-
claimer, so far as to give the plaintiff the particular tithes which
were claimed by the bill; but he could not give effect to the dis.
claimer as proving the plaintiff's title to other tithes, for that
would be to read the answer of one defendant as against a co-
defendant. Whatever private opinion he might entertain as
to the Vicar's right in this case, he thought he should be
going further than the Court had hitherto gone, if on the face of
the terriers, and under the circumstances of the case, he were to
hold the Vicar's title established upon the evidence before him,
unless he were to give effect to the Rector's declaimer in aid of
the occupier. The plaintiff, therefore, might in this case take a
decree for the particular tithes, without costs ; unless, for the pur.
pose of establishing his right, he thought fit to take an issue.
After some discussion at the Bar with respect to the issue, it
was arranged by Counsel that the case should be mentioned at a
future day.

QUEEN'S BENCH—(THI6 DAY.)
SEWEL V. NIX ♦ND ANOTHER.
The plaintiff is an attorney and clerk to the Board of Guardians
of Welchesden, in Cambridgeshire, and the defendants are the
overseers. This action was brought to recover the amount of a bill
of costs for legal business done by direction of the Guardians. The
defence was, first, that the defendants were not liable for the order
of the Guardians; secondly, that they had not consented to the
proceedings for which the claim was made; and, thirdly, that in
any case the plaintiff was not entitled, inasmuch as the business
was unskilfully done, and without any advantage. The principal
items in the bill were charges fur travelling and other expenses in
endeavouring to compel a person at Gainsborough, one hundred
miles off, to support his mother, who was in the workhouse at
Welchesden.

The LORD CIIIEF JtisricE suggested that the case had better be
referred, so that both parties might be examined before the arbi-
trators, by which means the truth would be better got at, than by
a trial in open Court.

Mr. JARVIS for the plaintiff having expressed his readiness to
take that course,
Mr. HUMPHREY consented to a verdict, subject to a reference,

EXCHEQUER —(This DAY.)

PERRY V. MITCHELL

This was an action brought by Mr. Perry, the celebrated steel.
pen manufacturer, against the defendant, for imitations of certain
pens for which the ilaintiff had taken out patents.
The Attorney. General, Mr. Stamers, and Mr. Montague Smith,
appeared for the plaintiff ; and Messrs. Kelly, Jervis, and Beckett,
for the defendant.

It appeared from the opening speech of the Attorney-General,
that Mr. Perry took out a patent, in 1832, for seven kinds of pens,
all formed for the purpose of rendering steel pens more flexible than
any that had before been manufactured. In the year 1833 he took
out another patent, for what he called the " Fountain Pen,"
which was formed with a view to retain in the nib a greater
quantity of ink, Of the same species of pens for which he ob.
taMed a patent in 183'2, the most esteemed was that numbered 2 ;
that pen and the " Fountain pen" had been imitated by the de-
fendant, a steel_pen manufacturer, at Manchester, and the present
action was brought in consequence.

James Cocking stated that he was a mechanical draughtsman at
Birmingham. In the month of July, 1840, he went to Mr.
Mitchell's in that town, and ordered a general assortment of steel
pens. He received some of them, but not all the sorts he had be-
spoke. Ile went again, and ordered a further assortment. The
order was complied with ; and among those he received were cer-
tain pens, which he would produce. (The witness here handed in
samples of pens, which were of the description the plaintiff com-
plained of as an infringement of his patent.)
Cross-examined by Mr. KELLY— Witness had been a mechanical
draughtsman for the last three or four years. He had known Mr.
Perry's patent since that time ; but not previously. The variety of
forms of steapens is very great.

Abednigo Follett stated that he had been for the last twelve years
clerk to the plaintiff: There is a great demand all over the
world for the patent pens of Mr. Perry. The plaintiff had first
taken out a patent in the year 1631 ; and he afterwards
took out patents in 1832 and 1333; the latter patents being im-
provements on the former. The patent of 1831 consisted merely
in a hole at the end of the slit, and by the suhsequent improve.
melds slits were cut under the shoulder of the pens. The plaintiff
employed five or six travellers in his business. The patent of
1833 was taken out for the "Fountain Pen," which was formed
for the purpose of containing a reserve of ink.

Cross-examined by Mr. Jsin is—There had been a large de.
mand for the " fountain pen ;" but it has somewhat fallen away for
the last two or three years. It consists in attaching a plate over
the hollow of the pen, for keeping the ink suspended. There are
three modifications of the " fountain pen."
Be-examined by the ArrottNEr-GENansL—A greater number
of the pens No. ii had been sold than of any other pens ever manu-
factured. They are sold at the rate of nine for 2s. ; and there are
sometimes 4001. worth, or 36,000 pens sold in a week.
Thomas Daft stated that he was a mechanic at Manchester. He
was the inventor of the " patent Perryan ink•stand." Witness
considered Mr. Perry's patent pens a great improvement on the or.
dinary metallic pen. The pens of Mr. Mitchell's shown to wit.
ness were similar in form to those of Mr. Perry.

Mr. Minair, the well-known artist in pea and ink drawing, being
examined, stated that until the Perryian pen wa■ produced under
the present patent, he newel met with any steel pen which he
could use in his peculiar art. Before that he was obliged to use
crow quills, which could not be made by many degrees so good as
Perry's pen. He had tried all the other metalic pens lie knew of,
but it was not to use but to reject them.

Some beautiful specimens of Mr. ➢linair's work with the pen in
question were handed to the Court, and the Jury, examined
them through a magnifying glass, and seemed to express to each
other considerable admiration of the excellence of the work.
Mr. Carter, a civil engineer, and several other witnesses con.
nected with the business of metallic pen-making, were called to
prove the superiority of Perry's pens above all others, and the imi.
tations of them in those made by the defendant.

Mr. KELLY, for the defendant, argued at great length, that the
patent was void, in consequence of vagueness and generality in the
specification, from which he contended no person could be able to
make the article without experiments ; and, further, that the im.
provcment claimed by the plaintiff, was not a subject for a patent, as
his principal peculiarity, the employment of slits and holes to give
flexibility, was resorted to in various forms before the plaintiff,
and it would be impossible to describe a new variation of form or
direction in so small a space.

The COURT reserved these points, his Lordship, however, cx
pressing his opinion as unfavourable to the objections.

COMMON i'LLAS.-(THIS DAY.)

PON7IFEX V. liIGNOLD.

This was an action against the Secretary of the Norwich Union
Insurance Company, to recover the sum of three thousand pounds,
being the present value of a policy of insurance on the life of the
plaintiff. The action was brought on the ground that the plaintiff
was induced, by deception and misrepresentation as to the state of
the Company's affairs in 1830, when the policy was effected.
For the plaintiff it was proved, by Mr. Alderman Farebrother,
Mr. ltidway, and others, that when he effected the insurance one
of the officers through whom it was done, held out to them an ex.
pectation that he should receive a periodical bonus, which was
never realised.

The SOLICITOR -GENERAL, for the defendant, submitted that as
this was an action of fraud brought against the defendant as an
individual, and not against the Company (who might be supposed
Haile for the statements of their agent), there was no case whatever
to make him liable for the statement of which he knew nothing,
made by a person over whom he had no controul. The Learned
Solicitor, therefore, contended that the plaintiff should be nonsuited.
Mr. Elms observed that the prospectuses issued and signed by
Mr. Bignold, were given to the plaintitflay the London agent, and
contained the deceitful representation.

The SOLICITOR-OSNURAL replied that the declaration affirmed
that plaintiff asked the defendant were the statements of the pros-
pectuses true, and that the latter said they were. Now, of that
there was not a tittle of proof, and yet it was sought to make him
pay the damages and coats for an act of which he absolutely knew
nothing.

Mr. Sergeant CHANNEL, at great length, followed on the same
side.

Mr. KULLY, in reply, contended that the defendant having, as
Secretary, issued the prospectuses, and caused them to be circulated
through the agents of the Company appointed by him, he was an.
swerable for the statements contained in them and confirmed by
his representations.

The SOLICITOR-GENERAL further submitted that, as the cause
of action (if any) occurred in 18111, and as the action could have
been brought in that year, the Statute of Limitations was a bar to
this action.

His LORDSHIP said that undoubtedly as the cause of the action
was complete In 1831, it had been decided repeatedly that it was no
answer to the Statute of Limitations ; that the misrepresentation
was not discovered until within six years past, and he should there-
fore have to direct the Jury to find for the defendant, unless the
plaintiff wished to bring another action upon an amended decla.
ration, in which case it would be best for him to elect to be non-
suited.
After a short discussion,

Mr. ERLE consented to the nonsuit, intimating that he meant to
contest the judgment of his Lordship at a future time, and ac.
accordingly the plaintiff was called.

STATE OF THE HOSIERY AND LACE TRADES.
—lt is painful to state, that notwithstanding th month of
February has arrived, the demand for both hosiery and lace
goods is rapidly decreasing ; shops that some time since had
half employment now wholly stand, whilst a fever for emigra-
tion prevails amongst the young men, and it is only from the
want of means to pay their spassage that it is not general. In
the midst of this distress we are sorry to state that the manu-
facturers of both hose and lace are continually compelled to
meditate reductions in the wages. The wrought cotton hose
hands have submitted almost without a struggle to the reduc-
tion of 3d. per dozen on their wages. Another very large
house has given notice of its intention to reduce the price for
making cut-up hosiery.—Nottingham Review.
SCOTT MONUMENT.---We are delighted to
perceive that the laudable exertior:s of the Sub-Committee in
London are likely to be crowned with success. The senti-
ments and the intelligence contained in the letter which we
publish from the Hon. Charles Augustus Murray, the Master
of her Majesty's Household ;to Mr. Dick, the Convener of the
Auxiliary Committee, must be flattering to all our readers :
Windsor Castle, Feb. 1, 1542.

Sia,—l have the honour to inform you that, agreeably to
your request, I have submitted the particulars regarding the
Scott Monument to the Queen and Prince Albert, the result
of which has been, that her Majesty has been pleased to pre-
sent the fund with one hundred pounds, and his Royal High-
ness has given twenty-five pounds to the same object, both of
which sums I transmit this day, to Mr. Castle, in London.
Be assured that, as a Scotehman, I have felt proud in being
made the humble instrument of obtaining the Royal protec-
tion and countenance to an undertaking so praiseworthy; and
believe to be sincerely interested in its success.—
yours,
. A. MURRAY.— Scotsman.

VENING SUN

MONEY MARKET end CITY NEWS.

FROM THE MORNING PAPERS OF THIS DAY.
CHRONICLE.—
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high price, which must be paid in Sycee silver,
or, if taaek vnerityr.
barter, in manufactured goods at a very serious
sacr'ifice to our
merchants. Company's Congous have been sold to dayat
Is. 10-3,d. per pound, but Is. Ild. per pound has been asked.
We trust the renewed rumours that the Government intend
to repeal the Penny Postage Act are without foundation ; but
unless the public show a determination to resist any increase in
the rates, we much fear that this is one of the means by which
it is proposed to make up the deficiency in the public income.
It is reported that there are fresh symptoms of disorder in
the " united cabinet," on the subject of the corn- laws.
POST.—The failure of Messrs. Boyd and Co., of Calcutta,
noticed in the Bengal papers, being an extensive one, will, it is
feared, be felt with much severity by the connections of the
house in different parts of the world.
We see that a meeting is called of the Mexican bondholders,
for Friday next, to deride upon the proposition of the agents,
Messrs. Lizardi and Co., which has been lately before the
public. As it is intended to issue debentures for two years'
dividends, out of the four overdue, the other two years being
relinquished in consideration of the French blockade, we hope
that care will be taken to secure to the bondholders payment
of the said debentures, principal as well as interest, before the
general resumption of dividends, to take place in 1844.
It is said that a protest has been entered by certain bond-
holders against the transfer of the money in the hands of
Messrs. Baring and Co. to those of Messrs. Lizardi and Co:,
until the sanction of a public meeting shall have been given to
the proceedings of the Committee, and that wrote favourable
terms will be contended for; but, from the premises here laid
down, it is evident, that, to reject the proposition of the
rlexi-
cans, which embraces in its clauses more than elicumstances
seem to justify, would be an act of the greatest imprudenee,
inasmuch as it would endanger alike the present and the future
interests of the unfortunate bondholders at large.
ADVERTISER —The people of Birmingham have for
some time past had occasion to be dissatisfied with the Post.
office arrangements connected with their town, and a Commit-
tee of the Town Council has at last drawn up a Report en the
subject. In Leeds, Liverpool, Manchester, and Bristol, there
are three deliveries a day. A memorial to the Postmaster-
General has been adopted, but not yet presented. It ap-
pears from the inquiries of the Committee that there are
two deliveries each day by letter-carriers within that part
of the borough, which lies within a circle of a mile and
one-sixteenth from the centre of the town (St. Philip's
Church) ; that the first delivery commences at half-
past eight o'clock in the morning, and the second at half-past
five in the evening ; that there are eighteen letter-carriers
employed to deliver letters within the said circle, and that the
time occupied by each delivery averages three hours. With-
out the above-mentioned circle, but not to the extent of
the boundary of the Borough, there is but one delivery of
letters each day, and that at a late period of the day, and an
additional charge of one penny on each Jotter is demanded on
all letters delivered out of that circle. During these inqui-
ries the Committee have received verbal communications from
several and letters from respectable correspondents, com-
plaining of the post-ollice regulations in the Borough, parti-
cularly as to the inhabitants residing in the outer district,
in consequence of there being but one delivery, and that at
so late a period of the day, and the extra charge of one penny.
The present regulations preclude any extensive correspondence
by the inhabitants through the Post-office, for letters posted at
the principal office at nine in the morning are not delivered in
the outerpart of the borough until late on the following day ;
whereas, it is extremely desirable that facilities should be
afforded so that such letters might be received and answered
on the same day. And the Committee respectfully suggest
that the regulations of the Poet-office should extend to and
comprise the whole of this borough, aid that there should be
three deliveries of letters a day ( Sunday excepted) within the
distance of Lne mile and a-half trom the Post-office, and two
deliveries a day in the outer and more remote districts of the
borough, free from any extra charge for such delivery.
SUN.—There "as a re-action of to 1 per cent.
in the Funds to-day, in consequence of the unfavourable
impression oecasiined by the intelligence from Atfghtt-
iiistan. For the present, therefore, the tendency to-
ss ards improvement has been completely checked. For
immediate transfer Consols realised 881 to 89k, cloing
at 88i to 89; and for the Account, 89 to i; the latest bar-
gain being at 69 to ri. The unfunded debt steadily main-
tained itself at 17s. to 19s. prem. No transactions were
reported in East India Stock, which, however, was of
course nominally lower, being called 246 i to 247 i. India
Bonds did not go lower. They were marked 10s. to I Is.
premium. Bank Stock was good at 168. The New
Three-and-a-Half per Cents. realised 981 to 981 ; and
the Three per Cents., 89::: to 89i. Long Annuities were
124 to 11-16ths.
The Foreign Stock Market was not so animated,
taking the general business ; but there was more specu-
lation at reduced rates in Spanish Bonds, and still a fair
demand for Mexican. The former was marked 2.1/- to
II", and the latter at 324 to 32 ; Colombian Stock was
steady at 22 ; Brazil Bonds (the 100, as they are desig-
nated) brought 65 ; Chilian were firm at 711 ; Russian
Stock obtained 1154 ; French Three per Cents. rose to,
79 50 ; and Dutch Two and-a-Half per Cents. remained
at 51f to t.
Shares were better maintained than might perhaps
have been expected. London and Birmingham Railway
Shares were at an improvement to 82 and 83 premium.
Great Western brought 2tii, and South Western, 21
prem. ; Brighton were 12it ; Blackwall, 13i ; Midland
Counties, 16 ; and North Midland, 28i discount ; Lon-
don Joint Stock Bank Shares were 2 premium ; and
National Provincial Bank of England, par.