The Sun.
London, England, 1845-08-20 00:00:00

THE ORGAN-BUILDERS BENEVOLENT INSTITUTION

—The third annual general meeting of the members
and friends of the above institution, established for the
granting annuities to decayed members and their widows,
took place on Monday, at the Freemasons' Tavern, G. S.
Bishop, E.q. in the chair. The report read and unani-
mously adopted, congratulated the meeting on the gene-
-I%d advancement and prosperity of the institution. When
the funds were adequate to the granting annuities, 18s.
per week would be allowed to males, instead of 125., sfs
previously arranged, and to females 12s. instead of Bs.
The receipts of the past year, including a previous ba-
lance, amounted to 1521.85. 7d., and the gross amount of
stock to 4261. 14s. 11d., in which was included 451.25. 6d.,
the produce of two benefits. After the election of officers
for the ensuing year, thanks were awarded to the Chair-
man, &c., and the meeting broke up.
THE ASSIZES.—THE BAR.—There are about 120
banisters attending the present assizes. The number is above
the average. Amongst the learned gentlemen we observe
some new and some very young physiognomies. We should
say at a guess that 80 out of the 120 will leave Liverpool as
they came—briefless ; the business, as usual, being confined to
the 20 or 30 leaders and juniors whose names have for so many
years appeared in the newspaper reports that they must by this
time have become like " household words," familiar to the
public sr at home and at a distance. It is clear, that, if the
tatsineerehould continue to be confined as it has been to the
favoured few, the briefless, however gloomy the thought may
be, must make up their minds to pay the expenses of going
circuit, to listen in silence to the " most sweet voices" of
others, and to remain briefiess to the end of their days. We
regret this, for we presume that amongst such a multitude of
counsellors there must not only be wisdom but talent, not only
wit but eloquence, and we are anxious to see opportunities
afforded for the developement of those valuable qualifications.
Clients, however, must in general belong to the old Tory school
that fancies every change made from the beaten track must
produce a revolution, for they adhere rigidly to the old and
experienced barrister, and they cannot be induced to trust
their causes to the hands of the young and untried man ; and
we confess, the cold comfort it may impart the briefiess not-
withstanding, we see no likelihood at present of their acting
otherwise.—Liverpool Albion.

SHOCKING STEAM-BOAT ACCIDENT.—Monday night,
about eight o'clock, as one of the Iron Steam Company's boats
was leaving the Hungerford Floating-pier, the rope which fas-
tened the boat to the barge was, through the gross negligesoe
of the Company's servants, neglected to be unloosed. The
consequence was, the rope attached to the boat was forced
loose with fearful violence,] and catching the legs of a boy whc
was sitting upon the coil of it, drew him with dreadful violence
against the bulwarks of the vessel, instantaneously wrenching
his leg in two, the amputated part dropping into the river.
His other leg was fractured in two places, and he now lies in
Charing-cross Hospital in a very precarious state.
A THING THAT OUGHT TO BE KNOWN.—The beech
tree is said to be a non-conductor of lightning. Sc
notorious is the fact, that the Indians, whenever the
sky wears the appearance of a thunder-storm, leave
their pursuits and take refuge under the nearest beech
tree. In Tennessee the people consider it a complete
protection. Dr. Becton in a letter to Dr. Mitchell,
states that the beech tree is never known to be struck
by atmospheric electricity, while other trees are often
shattered in splinters. May not a knowledge of this
afford protection to many when exposed ?—American

paper.
A FEMALE STABBER.—At Worship-street Police•
a woman named Sarah Rogers was charged
with nigand;ounding a female companion with whom she
court,c u o
cutting
tiAonday
had had a quarrel and fight the preceding night. The prisons*:,
who alleged in defence that the woman had abused her mother
was !emended, as the injured woman was not well'enough ti
appear to give evidence.
THE SHORTEST PASSAGE ACROSS THE ATLANTIC.—

The Royal mail steamer Cambria arrived at Boston last
evening, having made the passage from Liverpool tc
llalifax in about nine days, and to Boston in eleven
days and nine hours—the shortest passage on record.—
Boston paper.

LAW IN TELLIGENCI:.
VICE-CHANCELLORS' COURT, Any'. 19.
(Before the VICE-CHANCELLOR Of ENGLAND.)
His Honour the Vice-Chancellor of England Bat in his
private room at Lincoln's Inn to-day, for the purpose of
hearing of any applications that parties might tiluk it
necessary to make to him, as the equity judge during the

vacation.
NOAKES AND ANOTHER V. ALLEN.-EVERETT'S
BLACKING.

Mr. HEATHFIELD applied to-day, on behalf of the
plaintiffs upon notice for a special injunction to restrain
the defendant from selling or disposing of, or causing to
be sold or disposed of, any blacking or composition under
the name of " Everett's Blacking," or " Everett's Pre-
mier Blacking." It appeared from the statement of the
Learned Counsel, that the plaintiffs were the legitimate
successors of the late Mr. Wm, Everett, whose name
has almost as great a notoriety among the manu-
facturers and venders of that useful liquid called
blacking, as " Day and Martin," and the famous
" Robert Warren, of 30, Strand." After Mr. Everett's
death the business was carried on by his widow ;
and upon her death the plaintiffs, who had married
her daughter, continued to carry on the busi-
nes'. Seine time since they discovered that the de-
fendaot was selling his blacking in bottles with labels
upon thern that were the complete counterpart of those
used by the vilaLiatiffs. Communications took place be-
tween the paLrtioe oz, the subject, but the defendants ll
persisting in selling hit; blacking as that manufitctured
by the plaintiffs, the potse,:t bill was filed, and notice had
been served upon him of the Ib!entions of the plaintiffs to
make the present motion. The ...7.earned Counsel stated
that, notwithstanding the notice, 0„, defendant had not
thought proper to appear, and he apprOended therefore
that he was entitled to the injunction he ws_ed. .
His HONOUR granted the injunction, resu7aln. the
defendant, his servants, workmen, and agents from
sel-
ling or disposing of, or procuring to be sold or du.loPra
of, or exposing to sale, any blacking or compost...lm
under the name of, or as, or for, or described as, or pure
porting to be the same blacking as was made and sold
by William Everett in his lifetime, and is now made and
sold by the complainants, or under the name of, or as, or
for, ordescribed as, or purporting to be Everett's Black-
ing, orEverett's Premier Blacking, and particularly from
selling or disposing of, or procuring to be sold or dis-
posed of, or exposing to sale any blacking or composi-
tion in bottles having affixed thereto such labels as are
in this cause described, or any other labels so contrived
or expressed as by colourable imitation, or otherwise to
represent the blacking or composition contained in such
bottles to be the same as the blacking or composition
manufactured and sold by William Everett during his
lifetime, and now manufactured and sold by the com-
plainants, or to be Everett's Blacking, or Everett's Pre-
mier Blacking, and also from delivering over or parting
with such labels and bottles, or any of them, to any per-
' son or persons other than the complainants, or such per •
son as they shall appoint to receive the same.
MANN V. RICKETTS.
Mr. COOPER applied in this case upon motion to stay
the sale of certain large estates in Shropshire, and also
all proceedings under the order of the Master of the
Rolls, until the House of Lords had given judgment
upon the appeal from that order.
His Hosioun, con3idvriLig there was no ground for the
application, dismissed it witb costs-
His HONOUR, in the course of the morning, intimated
that it was bis intention to remain in town till Tuesday,
and that in the interim he shoubi sji once or twice to
hear any cases that might press.

COURT OF BANKRUPTCY, A:,q. 18.
(Before Mr. Commissioner FoNBLANQDE•)
THE SMALL DEBTS ACT.
The Learned COMMISSIONER sat to-day for the pur-
pose of hearing a number of summonses issued' against
debtors under this Act, and the persons who appeared in
answer to them were of the most needy description-
Of the 14 cases heard all were dismissed for want of
judgment except one, and that was where a tailor, who
had recently taken the benefit of " the Act" in another
Court, was adjudged to pay per month m liquidation
of the bill incurred with his attorney while passing
through that ordeal.

AUGUST 19.
(Before Mr. Commissioner PANE.)
PERSONAL RESPONSIBILITi OF THE COMMISSIONERS.
—REFUSAL OF SUMMONSES UNDER TUZ SMALL DEBTS
ACT.—In the course of an applicat!on for a summons
under the Small Debts Act, the Learner. Commissioner,
at the rising of the Court, gave sonic very strung
reasons for the opinion which had been come to
by himself and 31r.,(})mmissioner Fonblanque, that they
ought not to take judgment papers its proof of jurig-
ments. They were (he said) the most unintelliwible
documents he knew of ; they ended with, " For that:
whereas," &c., and he was asked to jump to a conclusion
that there was a judgment.
The attorney said it was not required except under
circumstances that the roll should be made up.
The COMMISSIONER—I must be satisfied there is a
judgment ; I must have a copy of it.
The attorney said if that was deemed absolutely neces-
sary the expense would be such that few persons would
follow out the Act.
The Learned COMMISSIONER said it had been held
that they were personally responsible if they ex-
ceeded the law ; he _should, therefore, take care
to be on the safe side ; he must have an authenticated
copy—a mere office copy not authenticated would not do;
they might be good enough in the courts from whence
they issued, but not in others. There atose anotLer
question. It appeared that they. only had power over
cases where judgments had been issued by courts havint,-
competent jurisdiction. From that it would appear the
, Commissioners must inquire as to the jurisdiction of the
other court, for if no jurisdiction existed the whole pro-
ceedings would be bad. From all these circumstances,
and as he might be called upon to commit under the Act,
he should refuse to take any proceedings except under
the strict letter of the Act. It should be understood that
the judgment paper only contains a few lines, although it
bears the seal of the court, as though the whole proceed-
ings were detailed.

ASSIZE INTELLIGENCE.
WESTERN ClRCUlT.—Bristol, August 16.
The commission was opened in this city on Friday
afternoon, by Mr. Justice Erle. Rumour had been rife,
and it was confidently stated at Devizes that 120 venires
had been returned, which, according to the usual calcu-
lation, would have produced about 80 causes. This, on
a circuit which had been far from prolific as to fees, gave
a most encouraging prospect, and seniors and juniors
hurried off from Devizes to be early in Bristol, for fear
clients might imagine that they would not honour the
ancient city with their presence; but, alas! many were
doomed to be disappoint( d. They sat in silence all the
Friday evening ; but few, if any, briefs came in; and the
youthful junior, whose friends had been pushing hard for
him, and who had promises innumerable, took his tea
without interruption, and went to bed upon the reflection
and sweet hope that perhaps briefs would not be deli-
vered till the following morning. At length, that
morning came, and at ten o'clock he found himself in
Court without a single piece of " paper." The printed
cause list soon appeared, and after paying ls. for it you
perceived that only 38 cases had been entered. Of
these seven were undefended, one cause was tried, and
notwitstanditig it was the day for the grand dinner
given by the mayor, the Court sat till 9 o'clock at night
to dispose of it. It has long been desired that there
should be a regular and proper assize in this city,
and
that the judges should come twice a year and deliver
the gaol, and try civil actions in the same way as they
do at other places. One difficulty, however, stood in the
way—there was but one court ; that one certainly was
the most inconvenient ever built, and all persons having
business there joined in the. Lope that some cause or
other might teed to its removal, and that two courts
would be erected, in order that business might be pro-
perly conducted. At length it was intimated that: he
old building would be taken down, and that proper con-
veniences for the assizes would be afforded. But if it
had not been that the people here have become notorious
for their foresight by building a ship much too large to
be taken out of desk, it would have caused great amaze-
ment, and would indeed scarcely have been credited,
that though there was every space for erecting two
courts, they have actually only built one, and that \pro-
mises to out-do the ancient one in inconvenience and
bad arrangement.

CENTRAL CRIMINAL COURT.
OLD COURT.
(Before the COMMON SERGEANT and Mr. Alderman
T. WOOD.)
EMBEZZLEMENT.—Edward Thomas, 23, a linendraper,
in the employment of Messrs. Shoolbred and Co., Totten-
ham-court-road, was placed at the bar charged with
having appropriated to his own use the sum of 55., being
part of an account paid to him, on behalf of his em-
ployers.
Mr. Doane was for the prosecution ; Mr. Clarkson for
the prisoner.
It was proved in evidence that Mrs. Duncan, a cus-
tomer, in Torrington-square, had purchased goods to the
amount of 1/. ss. 4d., but the prisoner only rendered an
account for 1/. os. 4d. sold, and the latter amount he paid
into the cashier's hands. It was proved also that before
leaving the warehouse to call upon Mrs. Duncan he re-
ceived 305., lest change might be required, and he did not
return the full amount, for which offence he was dis-
charged the same evening. On the succeeding day he
returned for his clothes, and it having been ascertained.
by that time that he had retained ss. received from Mrs.
Duncan, he was given into custody.
Mr. CLARKSON briefly reviewed the evidence for the
prosecution, and contended that nothing criminal was
proved, inasmuch as the goods returned not being mean
sured, it would be absolutely impossible to say what
quantity had been sold by the prisoner. He (Mr. Clark-
son) admitted that the prisoner had, to a certain extent,
misconducted himself, because it was undoubtedly the
i fnoatilei
ei
n unablethoughttetit jonproot
nhp
that sufficient
pffit oaerexplain
ho
uetbh;eousnt
fact that he was in a considerable degree intoxicated,
anyrtaccdo tuchnreitirsne.existed state
e t
noafansh his
the bar to warrant the jury in discharging him.
The COMMON SERGEANT
favourable to the prisoner, and the jury, after consulting
for a few minutes, returned a verdict of Not Guilty. He
was consequenty discharged.
THEFT.— William Anderson, a boy of 15, was inclictd
for stealing from the person of Mrs. Ann Carr the sum
of 2/. 18s. The prosecutrix stated that she was on board
the Prince of Wales, Margate steamer, and, on arriving
at London-bridge, she was pressed very much by the
prisoner, and, on searching her pockets, found that her.
money had been taken. There was a crush at the time,
as persons were anxious to get ashore.
-- Hillier, a porter, thought that the prisoner was
the thief, and he then called a constable. Since that
time, however, he was somewhat doubtful that the boy
at the bar was the right one after all.
; The constable, on searching the prisoner, after taking
him int) custody, found upon his person four sovereigns,
a fourpenny piece, some halfpence, and a gold watch.
Mr.CLARssoN commented upon the want of evidence