The Sun.
London, England, 1827-01-24 00:00:00

LAW INTELLIGENCE.

COURT OF CHANCERY, TUESDAY, JAN. 2S.
cimmENT V. CA.NITIIELI. AND OTHERS.

Mr. HORNE was instructed to apply to his Lordship for a writ
or ea•sut rept°. The facts of the case were these :—The plaintiff
was possessed of certain tin and copper mines, and issued a
prospectus for the purpose of forming a Company. It was to
consist of 1,000 shares at 501. a share. The plaintiff was trea-
surer, and the condition was, that the money was to he paid at
the time of subscription. Campbell, one of the defendants, agreed
to purchase 100 shares, and paid the suns of 5,0001. ; he was
elected a Director, and shortly after, Binns, another of the de-
fendants, agreed for 100 shares, and gave a bill at twelve months'
date in payment for them. Campbell afterwards became dis-
satisfied with his bargain, and in Deceuiber, 1824, entered into an
agreement ►ith Jones, another of the defendants, by which he re-
linquished the 100 shares, and had 160 shares transferred to him,
and an additional transfer of 160 shares for security of the repay-
ment of the 5,0001. Afterwards, by an agreement between
Campbell, Jones, and the plaintiff, it was agreed that the plaintiff
should assign his 395 shares for 3,000/. and upwards, to them,
and that a bond should be entered into to secure the payment of
the said sum to the plaintiff. Jones and Campbell had, since that
time, had the management of the mines, and received the monies ;
but they refused to complete the agreement with the plaintiff.
By a correspondence which the learned counsel then read, it ap-
peared that Campbell had insinuated that he was about to leave
England for Paris. The object of the present motion was to
prevent him.
-The LORD CHANCELLOR said, that it appeared to him to be
so complicated a case,. that he must take it home and read it be-
fore he decided.

Mr. HORNE said, that the petition also prayed au injunction
to restrain the sale of effects.

The LORD CHANCELLOR said, that if the other were granted,
that appeared a matter of course.

COURT OF KING'S BENCH, WESTMINSTER.-JAN. 2S.

This being the first day of Hilary Term, at 20 minutes after
one the Lord Chief Justice, Mr. Justice Bayley, and Mr. Justice
Littledale, took their seats with the usual formalities.

The report of the state of the convicts on board the hulks and
the prisoners in the Penitentiary was then read.

MANDAMIIS.-...-THR KING V. THE MAYOR AND CORPORATION OF

IPSWICII.

The SOLICITOR-GXNEKAL moved for a rule, calling on the
defendants to show cause why a Writ of Mandamus should not
issue, commanding them to admit and swear into the office of
Chamberlain a gentleman of the name of Goodwin, who had been
elected to that office.—Rule granted.

BUSINESS OF THE COURT.

The /Joan CHIEF JusTirr. stated, that the Court would to-
morrow proceed with the new trials ; it would, therefore, be ne-
cessary for gentlemen to be prepared accordingly. The Court
would also take new trials on Friday, instead of the special paper.

HUT:HAN V. 2.01.::O1S THE YOUNOXII.

This was an action by the plaintiff, who had been clerk to the
defendant, to recover the amount of wages due to him at the
time of his quitting the defendant's service. At, the trial at
,Guildhall, during the last sittings after Michaelmas Term, it ap-
peared that the plaintiff had been hired by the defendant at the
to the 9th of
salarymobfe
rl,OOl/. 2per annum he ;
without notice, and before the expiration
defendant's service, t 11: SidlatelfbeJaennuaprayi,ll'B'l326, quitted the
of-
the year. For the defendant it was contended that baying been
hired for a year, and not having completed that period of service,
he was not entitled to recover, and under the direction of the
Lord Chief Justice, the plaintiff was nonsuited.
Mr. Ca.s.traeLL now moved to set aside the nonsuit._Rule
granted.
THE LINO V. RICHARD DOWNING RICHARDS.
Mr. AanAttasts moved that the defendant might be allowed to
plead to two separate indictments, the one charging him with
publishing in the Age Sunday newspaper of the 29th of October,
1826,, a false, scandalous, and malicious libel on the... Earl of Glen-
gall, the other charging him with the publication, of a similar
libel on Arabella Jefferys, the grandmother of the Earl of Glen-
gall, in the Age of the 9th of July, 1826.
The defendant then appeared and pleaded " not guilty."
THE KING V. AUGUSTUS SLYTH.
- - -

Mr. CAMPBFLI, appeared in this case to show cause against a
rule which had been obtained last term for a quo warranto, calling
on the defendant to chow by what authority he claimed to exercise
the office of one of the free burgesses of Ipswich. The applica-
tion arose out of a dispute between the blues and yellows, the two
contending parties in that borough ; and the bailiffs, Seekamp and
Hammond, who presided at the defendant's election, as it was
alleged, not having been duly elected, it was contended that the
defendant's election was consequently void. The Learned Coun-
sel contended, Ist, that Monk, the relator, was stopped from

making any cl:ject:on to the election of Hammond from basin
rated for him ; 2dly, that although not goad bailiffs de jure, they
were well enough to preside at the admission of *person to art
inchoate 2 ight ; and Sdly, that Seekamp and Hammond were good
bailiffs.
Mr. Serjeant ADAM having been heard in support of the rule,
The Coma, was of opinion, that as the relator, Monk, had
voted at the election of the partici, according to the general rule
which had been laithlown, he was not entitled to impeach that
election, as it must he presumed he was acquainted with what
passed in the corporation, whether he resided there or not.—Rule
discharged accordingly.

"CHERRY RIPE."—WILLIS V. nut cowls.
This was an action by the plaintiff, a musie,seller is Saint
James's-street, to recover compensation from the defendant for
publishing a spurious copy of the favourite cavatina "Cherry
Ripe." A verdict bad been found for the plaintiff, damages 9004
Mr. BROUGHAM now moved for a rule calling on the plaintiff
to show cause why the verdict should not be set aside and a new
trial had, on the ground that the defendant had been Wren by
surprise.

flute granted, on condition that . the defendant should refrain
from any further sale of the work in question till the rule was d;a-
posed of.

COURT OF COMMON PLEAS, Jaw. 23.
(Sittings in Banco.)
'I be Judges, as usual, breakfasted with the Lord Ctimcallor,
and afterwards moved in pro;:ession to Westminster:-hall; 'to open
the Court. Their Lordships were occupied the greater part of
the morning in taking justifications ofbail.

In the course of the day a Mr. Birt, who had fortnerkt psac
tised as an attorney in this Court, made application -tu. be re-
admitted. Their Lordships seemed disposed to grant.his appli-
cation, and inquired whether he had stuck up the neceasarynotice
on the outside of the Court ; ou Mr. Birt's replying that he had
not, their Lordships replied that they raid not, in couseqttence,
grant the 9plication at that time, hut desired him to stick 'up
the notice Immediately, and they would then 'bear his application
at the rising of the Court on the last day of the present term.

SHERIFF'S COURT, RED LION-SQUARE, JAN. QS.
HORST V. ST. KATIrAII/NE'S DOCK COMrANV.

The COMMON SSRGEANT (who came into court upon crute..bai)
Mr. ADOLPHUS, and Mr. LAW, appeared on the part of the
claimants; and Mr. ADAM and Mr. PLATT on thy part of the
defendants.

'leltt

The damages were laid at 3,5001.
Mr, LAW opened the pleadings.
. DENNIAIt then proceeded to state the nature of the case.—
It was a suit instituted by the claimant, Mr. ' John 'Horst, ares-
pectable biscuit-baker,' residing in St: Xatheritie'si-street, neat:
the Iron-gate-wharf, to recover from the- Directors of the St.
Katherine's Dock CoMpany, a compensation for the injury-101nd
sustained, in eonsevence of the loss of his premises and busi ies.
arising from the late alterations in that neighbourhood fur alie
construction of the new docks.

A number of witnesses were then examined by Mr. Law, who
-proved the extensive nature of the plaintiff's business, and its in-
crease since Mr. Horst had purchased Mr. Randall's business.
Mr. Randall, jnn. proved that the suns only given for the lease
was 2501., but the sale was considered a great sacrifice, and the
witness was of opinion that it was worth 1,0001.
Additional corroborative evidence was "then adduced to prove
the plaintiff's dealings, and the difficulty in procuring ether pre-
mises in the same neighbourhood.
Mr. ADAM, ou the part of the defendants, addressed-the Jury,
and said that be considered the evidence on the part of the
claimants was extremely defective in proving that any serious lass
had been sustained. The Learned Counsel, after reviewing the
testimony of the witness, concluded by entreating the Jury to
give no more than a fair compensation, and not the heavy sum
claimed by the plaintiff.
The Uinta Stmairr then recapitulated the evidence, and-the
Jury returned a verdict for the complainant as follows—lease.
360/. ; goodwill, 1,2101. ; fixtures, 45/. ; snaking iu the whole,
damages 1,6151.

.INSOLVENT DEBTORS' COURT, Jay. SS.
Yesterday Wm. Cradock, a young man of fashionahle ap-
pearance, and highly respectable conner.iitui, was opposed by Mr.
Woodrouffe on behalf of Mr. Green, a hotel-keeper in Lincoln's-
inn-fields ; and Mr. M'Gregor appeared in person.
It appeared by the iniolvent's evidence that be had formerly
been an -Ensign in the 43d Regiment of Foot, but he sold his
commission in 1820 for 400/., and that the proceeds were- re-
ceived by Mr. Morton, of Gray's-inn-lane (his agent), who after-
wards absconded with all the money, of which he never received
a farthing. In consequence of his leaving the army, his father's
displeasure was incurred, and he reduced ha annual allowance
from 400/. to 1401. a-year, which he is now in the receipt of.—
The debt claimed by Mr. Green was contracted in the summer of
1821, at which time he was not aware of any diminution in his
allowance, and he considered the proceeds safely lodged in his
agent's hands.
The tavern bill amounted to near 70/., and he gave a draft for
the money, of which the following is a copy :
" 65/. " London, Aug. 31, 18?.1.
",Seven days after sight pay to Mr. James Green or order the
sum of 65/. for value received. " WM. CRADOCX."
"To J. Cradock, Esq., Loughborough, Leicestershire. Payable
at Messrs. Hoare and Co.'s, bankers, Lombard-street."
The insolvent admitted that he had no authority from his father
to draw the bill produced ; but he had on several occasions
drawn uPon'hiabanker in a similar way, and the bills were,
but no orders were given respecting this, which was return
honoured.

Mr. M'Gregor, the other opposing erailitor, complained that
the insolvent obtained a watch, gold chain, weals, and other sir,
titles, value 241., from him under the representation that he was
an officer in the 43d Regiment. which corps he said he was
going to join in Ireland. Witness first knew him through as
introduction by Lieutenant Tuckett. He applied to Cox and
Greenwood, and found that the insolvent's representations were
not true.

The insolvent, in reply to this charge, said, that instead of his
having solicited the credit, the opposing 'creditor rather pressed
the goods upon him.
Mr. HEATH addressed the Court for the insolvent. The
Learned Gentleman said, that it would he well if an Act of Par-
liament could be passed to prevent young men from being extra-
vagant. With respect to the claim of I%lr. Green, that gentleman
41;d not appear to have acted .vith caution, for he ought not to hate
suffered it to accumulate to its present amount. •

The Cnizy ColtmissioNsa said, that if the insolvent had
sworn truly, he did not know that his father had reduced his in-
come at the time he contracted the debt with Mr. Green, nor was
he aware that he should be duped by his agent. Under all the
circumstances, the Court were of opinion that the insolvent was
entitled to he discharged forthwith.

CRUELTY TO A HORSE.—On Tuesday the driver
of a cart of John Waite, Camberwell, was charged b 7 lfr. L.
Gompsrtz, at Union-hall, with ill treatment to a horse, saaallas4
costs.

, between
to Bristol, the driver- found the road impeded,
On Tuesday night, as, the Exeter coach was on its
Taunton and Bridgewater, by a waggon and gig, the latter
being upset. On the passengers alighting, they found one gen-
tleman lying dead on the road, the fore-wheel of the waggon hay-
ing passed over his body, and another much bruised. The latter
stated, that in attempting to pass the waggon, the wheels of the
gig came in contact with a heap of stones, which had been care-
lessly left in the road, by which means it was upset. Thegen-
tleman killed was a Mr. Lucas, of Taunton.
LAIN AND PHYSIC.—It is true, according to Mr.
Hart, when he quotes the opinion of au eminent ‘
medical man. ,
that the best physician is, after all? but the "beet guesser," there;
being no certainty, in this line, except in surgery, phy,i4aua 913.11
shooting into the tree, and taking the chance of what may
Little, however, as the csrtaintY it,
most' commonly the patient !
in medicine, we were not prepared that the distinction between
grehlo thesi cisthat the former is certain. Yet thus it 'tends,
,dictum of the Lord Chancellor :—" There is so
lawarnc and
ucochrdin‘certainty in the law,' and so little in physic,. that that
is, I presume, a sufficient reason for the difference of practice ira,
the two professions. Jan. 17."—What then becomes ,of a "stow
ite old saying, as notorious as experience has, proyedit to b.O tt4q,
_ma
"Ede
gthuiistaosbsseergylaiittiuorn.lepHeemtuEstqhuiatrye
The glorious uncertainty of the law?" Some con**, fte
apprehend, must have crept into his Lordship's brainOthen be
followf°7-dlaw6"l4, -bu at" eaLtuity;
slow pace and respectful distance as perhaps tivaitiount to. a non
sequitur with regard to its " glorious uncertainty" becoming 's*"
certain, as thousands and thousands-can put their handaintothvir
pockets, and sorrowfully testify ! We are further at kiess. tfA Per-
ceive much in " the difference of practice in- the tsylkpeofessioW
—equity and medicine—the result being the same, :or, Val.
lar, both having a strong tendency towards makinil,oo
worse, even sick to death. And as extrennto meet, the uncer-
tainty of physic, and the certainty of equity; thus arrive at the
same point--destruction. The law is here fulfilled in all its parts
—one pays in purse, the other in- person; and very frequently,
under the dosing of either course, in both.--Morn. Chronicle.