Star.
London, England, 1830-10-09 00:00:00

LAW REPORTS.

PALACE COURT, FRIDAY, OCT. 8.
CATHCART V. WYATT.
3lr. WALLisrc sit stated the plaintiff's case.
This was an action brought by_ Mr. James How Cathcart, an attor-
ney, to recover from Sir. Philip William Wyatt, an eminent architect,'
the sum of 1151.165. Bd. being the balance of a bill of costs for profes.
s'onal business done. Main; the years 1821, 1822, and 1823, the de.
tendert had employed the plaintiff as his attorney, and in 1824 the plain-
tiff sent in his bill of costs, amountinF to 3461. Os. 10d. Three months
afterwards, viz. in Nov. 1824, the defendant obtained an order to have
the bill tartml, which referred all matters and things between the parties to
the Master of the Court of King's Bench, and, as was usual, the defendant
signed an undertaking to pay whatever the Master should find to be
due ; accordingly, both parties attended before the Master, who deduct.
ed from the bill 251. odd, as taxed off, and cash received by the plain-
tiff for account of the defendant 2051. leaving the present balance accord-
ing to the Master's allocatur, 1151. 16s. Bd. From the date of the alio-
astir, Dec. 18"4, until 1826, the defendant could not be found, but in
the latter year he was discovered, and sued for the balance, but instead
of paying it, he applied to the Court of King's Bench for an order to the
Abutter to review his taxation in respect of two sums of 801. and 261.25.
alleged to have been paid to the plaintiff, and unaccounted for; the
Court, however, referred only the latter sum to the Master, and that offi-
cer disallowed it, leaving the plaintiff's demand as before. That was
in the spring of 1821, anti the defendant refusing, up to the present
tame to pay the money, this action was brought to recover it.
M. Chill, clerk to .Ir. Justice Holroyd in 1824, produced the order
of that learned Judge to tax the plaintiff's costs.
Mr. Richard Goodrich, assistant master of the Court of King's
Bench, proved having taxed the bill, and found 1151. 16s. fid. to be the
balance.
Mr. Ross, for the defendant, at considerable length expatiated on
the improbability of allowing this demand to lie over for so long a
period if it was a just one. The law business which the plaintiff had
transacted for the defendant had proved most unfortunate in its result,
and it was a great pity that the defendant had not been better advised
than to have sanctioned proceedings that had put him to the large ex-
pense of 3461 one item of which was, 1001. for a writ of error upon
a bill of 531. which would only have the effect of giving him a month's
longer time. He (Mr. Ross) sincerely hoped the period would soon
arrive when a person would be able, at a little expense, and in a very
short time, to obtain his just rights without the risk of being ruined by
a long bill of costs. Mr. Rosa having commented upon the plaintiff's
evidence, said he was now Pevidence with to prove by several
witnesses the payment to theret=dtiff of the two sums of 801. and 261.
2s. which sums had not been allowed by the master on taxation and re.
ference.
Mr. W.11.14)1021 submitted that Mr. Ross could not now go into
such evidence, for on reference to the order to refer all matters and things
to the Master, it would be seen that the defendant was then to rove all
sums of money paid to the plaintiff; he did appear; and the Master's
allocatur, which was in the nature of an award, was binding and con-
clusive. The learned counsel cited cases from Phillips on Evidence
and Abbott ; the latter's book contained a rule of the Court of King's
Bench, where it was ordered that in all such cases as this the Master's
allocatur was conclusive.
Mr. Ross submitted, that as the sums of 801. and 261.25. were not
allowed by the master, he was now entitled to prove their payment in
the nature of a set-off. It was at all events highly important that such
a bill of costs as this for which the action was brought should go to the
Jury, leaving the point, if the Judge should see fit, to be discussed
hereafter.
The JUDGE (W. Brent Brent, Esq.) was of opinion that the de-
fendant could not now enter into proof of that which which was left for
the decision of the master —a decision by which he signed an under.
taking to abide, and therefore the Jury were bound to end a verdict for
the plaintiff Verdict for the plaintiff for 1151. Iffs. Bd.

Thursday commenced the laying down of the improved
carriage way pavement intended to be generally used in future for the
streets of the metropolis. The spot selected for the beginning
is St. James's-street, the lower part of which, nearest the Palace, has
been cleared of the old paving materials, and the new laid down for the
space of tiO yards. It consists of oblong granite stones of equal sizes,
and hewn to such a nicety that when •W together they form a very level
surface. The intervals are grouted in with a strong cement, which when
dry becomes as hard and as durable as the stone itself, and the whole
pavement then forms one solid and compact body, without the liability
of wearing into ruts or unevenness—the inconvenience of which has hi-
v therm been so justly complained of. The stones shoulder one under the
edge of the other, and are so pitched that any weightepassing over the
surface is sustained by the whole body, without the stress being on one
part, as there is a corresponding support from the crown or centre of
the road to the extremity of the sides. Any portion of it can be easily
removed fur the purpose of mending the sewers, waterpipes, &c.
ATTEMPTED FRAUD ON TIIE BANK.- Yesterday morn-
ing an attempt was made to defraud the Bank of England by means of
a forged East India document. It appears that yesterday was the day
on which the East India Company pays a portion of their men, and a
warrant is issued on the Friday morning, payable at the Bank of Eng-
land for such purpose. At a much earlier hour than usual a man pre-
sented a warrant at the Bank of England for 6141. Whether front the
fact that the order had come in earlier, or that the clerks of the Bank
saw any thing extraordinary in the manner of the indivklual, some sus-
picion was attached to the document. The man was ordered to stop a
shwa time, and in the mean while information was dispatched to the
East India House, and it was soon afterwards found, by the presents-
Uwe/ the genuine document, that a forgery had been Medea. The
individual was immediately taken brio custody, for the purpose of un.
dergoing an examination before the Lied Olayor.