The Sun.
London, England, 1829-12-25 00:00:00

LAW INTELLIGENCE.

COURT OF COMMON PLEAS, Disc. 24.
cum. CON.-SIR THOMAS CROFT. BART., V. COLONEL

LTSTEK.

Mr. Serjeant Wir.nE (with whom was Mr. THESSIGER)
stated that this was an action brought by the plaintiff
against the defendant for a criminal conversation with the
plaintiffs wife. The damages were laid at 10,000/.
The defendant admitted the criminal conversation ; sad
witnesses were called to prove the manner in-which the
plaintiff treated his wife, to mitigate damages. It was
stated that Lady Croft passed under the name of Mrs.
Lyster.
The Jury gave a verdict for the plaintiff with 2,5001.
(We shall give the particulate to-morrow )

LEGAL PROCEEDINGS RELATIVE TO

MR. THOM'S STATUES.

We alluded in a former number to these proceed-
ings. The papers lodged by the parties, and the
interlocutor of the Court, are now before us, and
from them we have abstracted the following account
of the relative situation and averments of the ligi-
tants. Some time in the year 1823, Mr. Thorn re-
ceived an order from the Earl of Cassilis to complete
for him a group, consisting of Tam O'Shanter,
Souter Johnnie, the Landlord and Landlady.
About the same time, Sir Charles Lamb gave him
an order for copies of Tam and the Souter. In
Decernbcr, !828, Mr. Thom entered into an agree-
ment with Mr. Dick at Tanfiell, near Edinburgh,
to complete for him a group consisting of the same
figures as that intended for the Earl. Mr. Thom
promised that these figures should be the first of
that description he should finish after those for the
Earl and Sir Charles, but declined becoming bound
to finish them by a certain day, as circumstances
which he could not foresee might occur to retard
his labours. Mr. Thom did not first complete the
four figures bespoke by the Earl of Cassilis, and
then apply himself to those intended for Mr. Dick,
but, according as fitting atones could be procured
from the quarry, he worked at one or the other
figure for both groups. In this way, he bad made,
in October, 1829, two Tarn 0 chanters, two Souters,
and one Landlord, with which he was satisfied; one
Landlady, which was likewise to his mind, and one
which was not. On the 13th of June, he had, at
the urgent entreaties of Mr. Dick, delivered to him
a Tam and a Souter; and, on the 14th of October,
he shipped to the address of the Earl of Cassilis, a
complete set of four figures. Mr. Dick, on the
plea that the Landlady, included in this shipment,
was the second made, applied for an interdict against
her delivery. The pursuer argued, that Mr. Thom
had agreed to deliver to him the first figures he
should finish after those meant for the Earl of Cas-
silis and Sir Charles Lamb; that Mr. Thom had
completed two figures of the Landlady ; and that,
consequently, the first belonged to the Earl, and the
second to the pursuer. It was argued on behalf of
Mr. Th)m—that he had never become specifically
bound to furnish the pursuer with the second figure
of the Landlady he should finish; that having
failed in his first attempt, he hail never quite finished
it, but set about making one more to his taste ;
that he was entitled to do this, both on account of
the obligation under which he lay to furnish his
employer with a good piece of workmanship, and of
a regard to his reputation, which might suffer by
allowing an imperfect production to go forth to the
world; and that he was still ready to implement
his bargain. It was farther urged for Mr. Thom,
that he had been induced to enter into the bargain
with Mr. Dick, by the latter's representing himself
to be employed by a gentleman of fortune ; whereas
it now proved, that he was one of several partners
who wished to get the statues for the purpose of
exhibiting them in opposition to the exhibition in
which the artist has an interest; and that the two
figures delivered had already been exhibited in Li-
verpool. It was argued for the Earl of Gssilis
(who was brought into Court), that he was nor
obliged to take a first abortive attempt, but was en-
titled to the first successful one—that the terms of
the pursuer's agreement excluded him from receiv-
ing any figures until the defender's prior.orders had
been executed. Lord Moncreiff refused the com-
plainer's bill of suspension and interdict, on the
ground that the statue in question bud been deliver-
ed to the Earl of Cassius before the bill was pre-
sented. In a note subjoined to his interlocutor, his

Lordship declined entering into the merits, ag,ll`l*
necessary in the circumstances of the case.
case was carried before the Inner Ilcuse, by a r®' .i
claiming note on the part of the pursuer, but RI
Ordinary's interlocutor was adhered to.—Edinburgh
Literary Journal.

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FOREIGN INTELLIGENCE.

FRENCH PAPERS.

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(From the Massager des Chambres of Tuesday.)
PARIS, DEC. 21.—A letter from Marseilles ear,
" A respectable house in this city has received a
1.-:tter from Malta, dated Nov. 18, stating that an.
English frigate, the Isis, which sailed from V'eurla
on the 7th of November, and from Egina on the
14th, has brought news that the Sultan has give"
orders to the Paella of Smyrna to withdraw the
TUrkish troops from Athens and Negropont, and to.
deliver up those two places to the Greeks."
PARIS, DEC. 22.—1 t is affirmed that an august
Personage, conversing on the present state of affair°
with a person of distinction, spoke to the folloWing
effect :
" The happ3neas of the people is the object, or
the constant solicitude of the King. Be therefore
persuaded that his Majesty will give to France for
the new year a present worthy of himself."
(From the Gazette de France of Wednesday.) .
PARIS, Nov. 22.—The official part of the Mom-
teur contains a Royal Ordinance for the election of
Deputies in the room of Messrs. Vauquelin and Chit
bron de Solilhac, deceased. Another Royal Ord
nance prescribes regulations for introducing more
order and regularity in the dispatch of business rela-
tive to the Chamber of Peers. Conformably to the
engagements into which he had entered, the builder
of the temporary hull of the Chamber of Deputies
completed his r ork on the 20th of December.
Psuis STOCK EXCHAN•E, Dzc. 22.--Firs pet Celli
1081. 2oc. ; Three per Cents. 84f. 20e. ;
5t0ck,.1,91.5f. Recta di Naples, Falc. Cert, 91L B'wc.;
Spanish ditto, French Cert. 7i; Royal Sl""lishflr
84 ; Rents:Perp. d'Espagne, 65i; Haytias Loan,"