Star.
London, England, 1824-01-22 00:00:00

SHERIFF'S COURT-THIS DAY,

READ O. MARTIN.
This was an action for the Jul y to assess the damages,
for tent and dilapidation.
Mr. ADOLPHUS stated the case.—The defendant, Mar-
tin, had hail a lease of a house in Viikett-street, Strand;
the covenant of which rar., that he should amend, cleanse,
and so forth ; instead of which, on his leaving it, it was
in a diMpidated state, so much so as to require, to put it
in even tenantable repair, a sum which, ►n addition to
the standing rent, made the amount 1251. which he
sought to recover at their hands.
Mr. Henry King deposed, he examined the house on
the 23d of March, 1823, the day after it had been left;
the dilapidations that had accrued were from wilful and
gross neglect 25/. would he the least sum that would
reinstate the fixtures carried away. There were many
other dilapidations which were indispensably requisite
to be done, the windows were much broken, and the
bill-stickers had covered the exterior of the shutters.
Cross-examined by Mr. C. LkW, Counsel for the de-
fendant.—Witness does not know when he first went
there; never knew of any ri!itice being given, none was
given ; cannot swear the dilapidations took place during
the defendant's tenantry ; there were many fixtures in
the 'house. . -
- By the COURT.—WeIt to make the survey font- days
after the term expired ; knows the defendant, he is a
Solicitor in Lamb's Conduit-street ; the rent is 791.
Mr. LAw, in his address to the Jury, contended that
the terms of the record had not been satisfied ; both the
Attorney and Special Pleader had vitiated the point of
their own cause. The lease required expressly, that
upon leaving the premises, in the event of any dilapi-
dations having accrued, three months notice should be
given by the landlord for their reparation—this he ap-
prehended did away anything with regard to the claim
for dilapidation; and Le conceived the Jury would have
to banish it from their minds entirely. With regard to
the ►ent, they had, by suffering judgment to be taken by
default, acknowledged something was due ; but in this
he would prove by witness, that the plaintiff agreed to
accept some valuable fixtures, and to deduct their
amount of value from the rent,•which paper he would
produce, and call a witness to prove it.—Here Mr. Law
called a witness to identify the hand-writing.
Mr. ADOLPHUS observed, the only way an instrument
could be proved was by the subscribing party, who was
dead. This was sufficient to invalidate the instrument.
Mr. George Chew, surveyor, saw the premises in the
Occupation of the defendant, and made an estimate of
the fixtures, value 531. 15s. At the quitting of the pre-
mises he would deduct JO/. from their value. A consi-
derable.sum had been expended on the premises before
the underletting; 21. would have repaired the glass ;
during this time Mr. Bromall called from Mr. Read,
and asked if he had any of Martin's concerns to settle?
and was answered in the affirmative ; he said the fix-
tures had been abandoned when the key-was given up. •
Cross-examined by Mr. ADOLPHUS --The incoming
tenant did not purchase them ; he (witness) would give
301. for them himself; the window-frames were not
broken, not were the dilapidations much.'
S. Pike, surveyor, corroborated the last witness.
It. Kennedy was in Mat tin's kitchen at a time when
Read called to demand his rent ; he said he would agree
to doetice the amount of fixtures, and take it at 101.
per month. - - •
Mr. LAW here again called the attention of the Court
to the clause-in the lease.

The 'Collar feared it could not travel out of its re.
gular routine of law, moreover as the liability to repair
was admitted. •
Mr. LAW contended Mr. Read was the althor of his
own wrong.
Mr. ADOLPHUS ingeniously replied.
The Smentvf addressed the Jury, and told them it
was for their consideration if a setoff could be allowed.
The Jury gave a verdict for plaintiff-o.xlmtges 1041,

• - -
. .
THE EARL OF ESSEX V. JEFFRY..
This was A writ of inquiry to assess the damages in
an action against the defendant. The action was brought
to recover.a sum of 50i. for two ponies, *Lich were sent
to the livery stables for sale. Ihe ponies were sold, htit
some disputes arose on the% occ•ision. VerOiCt for the
plaintiff—Damages 501. •
PLACKETT V. LORD THURLOW. •
This was an action against the defendant for "'the •
covery of 871. his witle-merchant's bill.
The plaintiff is a witiemerchant, in Bur lington-street,
and had supplied the Noble Lnrd with wine fran time
to time, of the most superior quality, to the amount in
question, which had frequently been applied for without
avail. This action,was, consceitienily, the only resource.
His Lordship had subsequently promised to pay the bill,'
but never perforthed that promise. Damages, 871.

In consequence of -the -present intention of his MA..
JEST,, to open the ersuing Session a Parliament in person, orders
have been received at the Royal Stables, to put.tbe horses usually
used en state occasions in training and daily exercise.
It appears that BELLuso will not go to Vienna, and
that the French Government will have only a Charge
d'Affaires at the Court of Vienna for some time. This
Charge d'Affaires (M. de M RCELLUS) will accompany
the Emperor on his Italian tour in the spring.
. By the Hamburgh mail, viq.Holland, letters were re-
ceived yesterday from Stockholm, dated the 24 instant.
M. d'Oliveira, late Charge d'Affaires from Portugal to
the Court of Sweden, had unexpectedly returned to
Stockholm. Atter waiting some weeks at Ystad in ex-
pectation of a favourable wind for his passage to Stral-
sund, he received an order from his Court :rot to prose-
cute his journey to Rome, but to return to Lisbon.
M.
d'Oliveira, consequently, was preparing to embark at
Gottenburh fur llarwich, witb tbeinteinion of taking
his passageglor Li bon by the Falmouth packet.


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• INSCRIPTION •
ON A townie on Ma SANK* OT 101 lITILACNILL lttliir, /Auto
• " wogs% case; ozit AILLAIGII4.I).
• --oar.
• condenued in banishment to roam, •
Shook} here thy wand'ring footsteps pause awhile,
May plyasing visions on thy mens'ry‘smile •
Of distant friends belov'd, and happy Horne!
*This spot is sacred to abetter land,
Thee ere thou dnat thy pilgrimage pursue,
Here, to thy native clime thy vows renew,
So not in vain chi, rustic shrine shall stand!
And as thou goest may the thought arise,
That life itself is but a pilgrimage,
And this tby bosom's warmest wish engage,
To reach tb' Eternal Home beyond the shies;
Pilgrim, where'er thy wand'ring steps may stray.
Be Peace and Love companions of thy way!
THE HERMIT IN lINDIA.