Star.
London, England, 1830-01-26 00:00:00

MIL V. MOIL, MIT._

This action was tried a few days since, at Guildhall, before Lord
Tartraanan and a Special Jury, and was brought to recover some
money which had been paid to the defendant for eight cottages, and
also the espeuses of the conveyance, and the costs the plaintiff had
been put to in bringing an action of ejectment to obtain the pos.
erasion. A verdict for the plaintiff was then entered, subject to a
new trial, if the Court should overrule an opinion given by Lord
Tretzaor.n to an objection raised by the Counsel of the defendant,
and which his Lordship at the time overruled.
Mr. Castrart.t. now applied to the Court in behalf of the de-
fendant, for a rule to show cause why the verdict should not be set
aside and a new trial granted, on the ground that a possession
wrongfully commenced never could be a reason to held against the
right owner. The plaintiff had purchased this property of the
defendant, who had permitted the paupers to reside in the cottages
in question for more than 20 years, without receiving any remune-
ration from the overseers, and therefore the action of ejectment
Mr. Justice Hosaorn decided at the trial would not lie; but be-
cause the plaintiff had been nonsuited in that action it was no rea-
son that be should be entitled to bring an action against the present
defendant.

Lord TiIITUDZIR was of opinion that the defendant ought to
have proved his title; and he would not throw the responsibility
of proving that the overseers had no title on the Plaintiff.
The other Judges concurred, and the rule was refused.

lUIWW OW TM COMM

Lord Taerroosst said he wished it to be publicly understood,
both by Counsel and Attorneys. that the Court would not. under
any circumstances. entertain any motion for a new trial after the
first four days of Term.
COURT OF EXCHEQUER. JAN. 25.
LOAIMA V. THOMAS.

Mr. Guesser appeared to chew cause against a rule obtained last
Term for arrest of judgment in this case.
.

Mr. Baron BOLLAND proceeded to read the declaration and
the Learned Judge's notes of the trial. The declaration stated
that the Defendant agreed to deliver, and did deliver, thirty
sacks of Walls-end coals to John Green, at the House of
Correction far Brixtoo—that the purchaser suspected that the
coals were short of measure, and accordingly sent for a meter
to re-measure the dale, hich were found to be deficient eight
bushels. The first, second. fourth, and fifth counts, laid the fact
of the meter's attendance as being within two hours. The other
counts varied the time of the meter's attendance as being above two
hours. As the Learned Judge was about to read the evidence, be
was stopped by Mr. Gurney, who stated that the question was
simply, whether under the Act of 47 Gee. 111. chap. 68, the meter
was obliged to be at the house of the purchaser within two hours
or net. The 116th section of the Act enacts, that if the pur-
chaser is dissatisfied with the measurement, he is to give no-
tice to the carman of his wish to have the coals re-measured,
and the carman is to remain until the meter has arrived. The
117th sec. enacts that notice shall be given of the re-measurement to
the vendor or his agent and to the principal meter, and thereupon
a meter, within two hours of the time the notice was given, should
attend from the principal meter's office at the purchaser's house.
The *ado* then went on to enact penalties. The Leas ned Counsel
contended, that the meaning of the Act was, that the meter should
leave the principal meter's office within the two hours, and not that
he should be st the purchaser's house within that period, as, from
the wide space comprehended in the Act, in many cases it would
be totally impossible for the meter to be there.
Mr. Sergeant Annaews (with whom was Mr. Tuessuiaa) on the
other side, contended that the meter was obliged to be at the pur-
chaser's house within the two hours, and that setting out from the
principal meter's office was not enough to be the vendor with the
penalties imposed by the Act, and therefore the re-measurement
which took place was void in law.
After some conversation,

Mr. Baron Qaaanw seta as the question was extremely im-
portant to the whole of the community, the. Court would take time
to consider its judgment.

LONDON SESSIONS, J•x. its.

IV. •ODZCUII V. IT. ANN. BLACKIPRZAIS.

This was an appeal, wherein the °vent ers,Bcc. of the first-named
parish were appellants, and those of the latter were respondents, in
regard to the settlement of a pauper.
Catherine Hoburo, the wife of the pauper, was called to prove
the occulting of some premises in the neighbourhood of Barbican.
The witness to the first question deposed that she was born, bred,
and educated a Protestant ; but site was •• net quite" one when she
was married, because she used to go to a Catholic chapel with her
' husband's sister for two years before she married him, in Dublin,
by a Catholic Clergyman, in 1808.
The Coon said the order must be confirmed. _ _ _

Chnseliass Creed and Michael Creed, brothers. were indicted for
committing a brutal assault upon James Flood and Robert Mor-
dant, on the 26th of December last.
The prosecutors stated that the prisoners took up each a boot.
tree with which they beat complainants in a most brutal manner.
The Jury found them both Guilty.—To a question from Mr.
Alderman Vessables, the dicer said they were both reputed thieves,
and well known upon liulboni and /Wow-Mlle.
They were sentenced to be imprisoned and keptto bard labour
in Giltspur-street Compter for six calendar months.

It is said that the Ludy of an Irish Baronet is soon to
make her appearance on the stage, as the means of pro-
'riding for a numerous family, left without any adequate
provision, in conseqsence of a series of pecuniary mis-
fortunes, the last of which arose from speculations in steam
carriages. As the lady's nearest connections are in the
'enjoyment of immense wealth, and all its accompanying
influence in society, such a debut must excite an unusual
degree of interest.
DARING ROBBERY.—A daring attempt at robbery
was made early on Sunday morning, hi' the bone of Mr. Incel, a
oorn-cbandier, residing in Edward-street, Stepney. The family:
had retired to bed at au early boor, and about two o'clock were
alarmed by bearing a slight noise on the stairs. Mr. Incel imme-
diately caught up a blunderbuss. which for security is alwayi sus-
pended in the bed-room, and on proceeding down stairs be found a
large bindle of linen lying Is the landing. and the bah door open.
It is probable that the fellow bad secreted himself la the boom
on the preceding night, as no vinienes had been used on either of
the doors.
Two young women have lately oosensitbol psighlsousawlic
n the same neighbourhood, viz. Lucy Nash, who &pew&
besaelf in a well aj Elvitham; ibn. athsr, ,10110 GANN
a gamut in place. who imago& himself, 41tar Blackwxter,
Hants, as is atippoeed, from ensat %ahappy, agsaahnimi,i
She was wheattornits4l.. Reskthl.a3llmng "91180411*
most excellent clwastatne: The Sexiiiit 4.14 Vtwoneelk
Inquisitions, isiMb mat wise fivAstbealores4
unsound mind at the time of committing the fatal deed.