Star.
London, England, 1824-01-29 00:00:00

SECONDARY'S OFFICE, JANUARY 28.

GADERNETIII lIOBDAY.
Thi; was an action brought by a carver and gilder,
and picture fraine•maker, against Mr. Hobday, the por-
trait painter, for the recovery of 30S/. 18s. 4d. the
balance of an account amounting to upwards of 5001.
for picture frames furnished by plaintiff to defendant.
Mr. ADAMS, Counsel for the plaintiff, stated, that the
defendant had had dealings with his client for several
years. nem' e-frames had been supplied, of course,
very extensively to the defendant, who, it would be
proved, had been charged with the greatest modera-
tion. The artist, however, took it into his head, fi om
what cause it was impossible for the Learned Counsel
to divine, to object to the charges. To one frame, in
which was deposited the likeness of Mr. Rothschild, to-
gether with those of that gentleman's family, a very
tiivolous objection was intended to be made, namely,
that it was too large to be admitted into Mr. Roths-
child's house. But what had the plaintiff to do with
that? he had merely complied with his directions, and
perhaps both the artist and Mr. Rothschild had cause
to be pleased with the unwieldy magnitude of the
frame, as the nest place to which it was transported
was the Exhibition at Somerset House, where the
Baron and the painter had an equal and a considerable',
share of public admiration; the latter, however, thought,
that the size of the article, contrary to what was ever
known before, diminished its value. The plaintiff al-
lowed a very liberal discount, and it would be proved
that every charge was as reasonable as could beexpected.
A person in the employment of the plaintiff proved
the sale and delivery of the frames to the defenjant.
Mi. Tijou, the cat vet and gilder, of Soho, stated, that
he had the account furnished by the plaintiff to the de-
fendant. He considered that all the charges were ex-
tremely moderate. He had been all his life in the
trade, and had done mere in it than any man in Eng-
land, or perhaps in the world.—He was in the habit of
making frames for Sir Thomas Lawrence, amongst
others, but had never allowed a discount ; in fact, those
who dealt with him never expected such a thing.—Had
he supplied the defendant with articles of the descrip-
tion supplied by the plaintiff, he should have charged
as much, if not more, without throwing away a thought
on the discount. Three or tour other eminent carvers and
Otters also deposed that the charges were reasonable.
Mr. ROBINSON, for the defendant, stated, that the ob-
jections which his client had to pay the balance of this
enormous account was so strong and well founded as
he hoped would induce the Jury to award even one
shilling to the plaintiff.—Mr. Hobday had, in fact, not
only paid all the plaintiff was entitled to receive, but
had, by an oversight, not uncommon amongst painters
and poets, exceeded the bounds which he ought to have
prescribed to himself.
A carver and gilder deposed, that he offered to make
for the sum of 221. a frame equal to that for which the
plaintiff charged 601. He also stated that there was a
proportional overcharge in many of the other items of
the account. Upon the whole bill he conceived the
overcharge to be upwards of 1051.
Two or three other witnesses were of opinion that the
charges in the account were enormous.
The SECONDARY summed up the evidence, which was
extremely voluminous, and the Jury awarded the da-
mages to plaintiff at the amount demanded, 308/.188.4d.

SHERIFFS COURT, JANUARY 28.

HAGUE AND TOPHAM V. J. AND T. MASTERUAH.

This was an inquiry for the Jury to assess the da-
mages in an action against the defendants, one of whom
is the inventor of a patent rotatory steam-engine, which
is now employed at Newcastle, in the coal mines.
Mr. ADOLPHUS stated that the action was brought to
recover 182/. 10s. SJ. for goods, work, and labour ex-
pended, in making the patent engine now in question,
and which was calculated for grinding corn for malt,
emptying coal mines, and, in fact, any exercise that
required an unusual degree of power. Though the
construction was devised by Mr. Thomas Masterman,
the greater part of the work was executed by the engi-
neers, who are the plaintiffs, and who have set the
charges in their bill as reasonable as possible, which he
should be able to prove by witnesses. The bill, in the
first instance, was 2351. 10s. SJ. but Mr. Adolphus
admitted the receipt of 501. and other property, which
reduced the balance to 1821. 10s. sd. the sum which
his client now claimed.

Mr. J. James deposed that the work, as charged in
the bill, was regularly done; that the utensils used in
it were of a very particular cast ; that it consequently
would take a man a considerable time longer in the
making; and that he wrote a letter to the defendants,
before the work was done, apprising them of the great
difficulty, and stating the price that would be put upon
the metal used, to which they made no objection.
Mr. Galloway, of Skinner-street, Snow-hill, engineer,
deposed he had examined the bill very minutely, and
considered the charges very reasonable for a twelve-feet
wheel ; but he had ascertained, since he entered the
Court, that they were for a twenty-eight feet wheel.—
he therefore left the Jury to judge what his opinion was
of the reasonableness of the plaintiff's claim. Mr. Gal-
loway then minutely detailed the manner in which the
men's time was checked, even to a quarter of an hour.
Mr. LEE rose for the defence ; he observed, after what
had fallen from the lips of so respectable a witness as
Mr. Galloway, he felt great difficulty in addressing the
Jury for mitigation of damages: he would, however,
observe, that he was instructed to mention, that a wheel
charged in the account at six guineas, was borrowed,
and not sold ; and that witnesses would be called, who
would state that the items were charged exorbitantly;
he had no doubt his Learned Friend, Mr. Adolphus, re-
collected a case which came before Lord Kenyon,
wherein his Lordship observed, upon the action being
brought by a commissioned auctioneer, that it was not
what people of the same profession said upon it, or
what they should charge; but it was what would be
considered reasonable.
Mr. ADOLPHUS.—I do recollect it, indeed; and re-
gard with admiration the most noblg and eloquent
speech which Mr. Erskine made on that occasion.
Mr. John Barnes, civil engineer, considered the
charges excessive ; but had not seen the workmanship,
or the nature of the screws and bolts used, and conse-
quently could not say what it ought to be.
The SIIERIFF addressed the Jury, who gave a verdict
for the plaintiff to the full amount.
SHERIFFS JURY—SURREY.

WILLIAM HOLCOMBE, ESQ. V. TIIE GRAND SURREY
CANAL COMPANY.

This case has for some weeks past excited an extra-
ordinary interest in the county of Surrey. Mr. Hol-
combe, the plaintiff, claimed damages from the Grand
Surrey Canal Company, on account of the injury bib

lands, through which the Surrey Canal runs, had re-
ceived from inundations. A Jury was summoned by
the Sheriff to decide on this claim, which met at the
Sessions-House, Horsemonget-lane, Newington, on Tues-
day, the 20th instant. A number of propri,2tors of
lands in the vicinity of the Canal were anxiously waiting
the issue, so that it the plaintiff had obtained a verdict
in his favour, many other claims would have been pro-
bably made; but after hearing a great deal of evideuce
nn both sides, which was distinctly recapitulated, and
Ably commented upon by the Assessor, the Jury letired
and, after three hours deliberation, returned a verdict
for the defendants. The investigation did not close till
a late hour on Monday the 26th.

POLICE INTELLIGENCE.

BOW-S MEET.

Monday, Mr. Cobbett waited upon Sir R. EftKNIT, and ap- '
plied for a summons or some other process, to procure the attend-
ance of Mr. Battye, the Clerk to the Trustees of the Kensington-
roads, to answer for an infringement of the Act of Parliament by
which that and other Trusts were governed. This Act ordered that
the Clerk of the Trust should furnish an annual account of the re-
ceipts and disbursements to the Clerk of the Peace for the County,
in whose office such accounts were to be preserved, and open to
the inspection of any person who chose to pay .cs. for perusal, and
any man might, if he felt inclined, make extracts upon payment of
6d. for every 72 words copied. Ile (Mr. Cobbett) felt inclined to
inspect these accounts, but on applying at the office of the Clerk of
the Peace, he found that no accounts had been furnished, although
nearly 1 months had elapsed since the proper time fur making the
last return. Ile was prepated to prove this, but he WaS free to
confess that he had some doubts as to whether the Magi4trate had
jurisdiction in the case. One clause of the Act made the neglect
with which he charged the clerk punishable in the penalty of £5O;
but in another clause it Wai enacted that all penalties above
under this statute, must be recovered by action.
Sir It. lltaste expressed himself doubtful upon the subject, but
said he would send for Mr. Battye ; and if he told hint he had no
jurisdiction, and therefore objected to any proceeding before a Ma-
gistrate, Mr. Cobbett would only he left to pursue another course.
Mr. Battye attended yesterday, but before the case was gone into,
Sir It. Bursar: said he had again read the Act of Pat liament, and
considered the matter maturely; and he was convinced that he had
no jurisdiction over the present complaint.
Mr. Battye, Clerk to the Trust, rose and said, that the time had
not yet arrived when he was bound to furnish the accounts spoken
of ; when it did arrive, every item would be furnished according to
the Act. Mr. Battye was proceeding, with aortae warmth, to de-
fend himself, when he was checked by Mr. Sketchley, the Magis-
trate, who is Chairman and Treasurer of the Trust, and advised not
to say more at present.
Mr. Cobbett said he came here to seek for the penalty; but if the
Magistrate had no jurisdiction, lie must of course apply elsewhere.
It was, however, of great importance that the Public should know
what was done with the vast aunts of money which were collected
on the Trust, and that was only to be known by the accounts which
he demanded. " This treasurer," said Mr. Cohbett (pointing to
Mr. Sketchley), " has constantly large sums of money in his hands,:
and he is, moreover, Chairman of the Trustees, and of course has
the auditing of his cwn accounts. There is wrong somewhere, and
I will find it out. I shall adopt the other course pointed out by
Act of Parliament, and proceed by action."
Mr. Sketchley.— That will be the better way, Mr. Cobbett.
Here the conversation ended.
TnoRTELL'S Ata-Gert.—The silly dispute about this instrument is
not yet settled, it. seems. Dlr. Springfield, the Solicitor to the as-
signees under John Thurtell's bankruptcy, yesterday made a for-
mal demand for its delivery, stating that in the event of a refusal he
was instructed to bring an action for the recovery of it.
Sir Rtenitan BIRNIE said he considered the gun virtually in the
custody of the Sheriff of Hertford, it being the property of a capital
convict, and consequently forfeited to the King. He should give
no order respecting it.