The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1848-07-25 00:00:00

CHELMSFORD, SATURDAY, JULY 22.

CIVIL SIDE.— (Before Mr. Justice COLTMAN and a Com-
mon Jury.)
ROBERTS (CLERK) V. TUCKER (CLERK).
' •

This was an action brought by theßev. IVIr. Roberts,
the stipendiary curate of St. Botolph's, Colchester,
against the Rev. Mr. Tucker, the incumbent of that par-
ish, to recover damages for a breach of contract.
The declaration alleged that an agreement was entered
into between the parties, by which, in consideration of
the plaintiff duly performing the duties appertaining to
his office of curate, and to the satisfaction of the bishop,
&c., the defendant undertook to pay him a certain sti-
pend derivable from the Queen Anne's Bounty Fund ;
and also to take the necessary steps required to be adopted
by the incumbent of a parish to obtain from a certain so-
ciety called the Curates' Aid Society an additional allow-
ance of £7O per annum, and that the defendant neglected
to perform this latter portion of the agreement, and eon-
sequently the plaintiff had been deprived of the additional
stipend ; and this action was brought to recover the
amount of that stipend for the period for which it had not
been paid through the alleged neglect of the defendant.
There were several pleas put upon the record by the de-
fendant, but the principal one was a denial that any such-
agreement as the one alleged in the declaration had been
made by him.
After the plaintiff's case had been heard, Mr. CRAM-
nEas submitted that the contract was void by the statute
of frauds, no consideration being set out in it.
Sergeant SHEE said, that in such a case as this the
statute of frauds did certainly come upon him by surprise.
He should submit, however, that there was sufficient con-
sideration disclosed in the agreement to take it out of that
statute. The consideration was the performance of the
duties of curate, which were perfectly well defined and
understood; and he submitted that this was sufficient to
take the agreement out of the statute, and that it was not
bad by reason of no consideration appearing on the face
of it.

Mr. Justice COLTMAN said, he had no doubt the agree-
ment in question came within the statute of frauds.
There might also, he considered, be a doubt whether the
plaintiff had proved the contract he had set up, bat it was
not necessary to discuss that point as he was clearly of
opinion that it was within the statute of frauds, and that
upon this point he must direct a nonsuit.

LATEST INTELLIGENCE.
(BY EXPRESS.)

EXECUTlON.—Yesterday (Monday) at 8 o'clock pre-
cisely, George John Hewson, the murderer of Turnk3y
Woodhouse, in the Coldbath-fields House of Correction,
underwent the extreme penalty of the law, in front of
Newgate. The crowd assembled to witness the awful
ceremony was less, much less, than such crowds usually
are, there not being, at most, more than 3,000 persons
present, and of them the majority was composed of the
worst class of society.

MONEY MARKET—Y EsTI RDAY.

The funds are heavy this morning, and the dealers are anxi-
ously waiting the upshot of affairs in Ireland, the deranged
state of which is the assigned cause of the. depressed and tor-
pid situation of the market. Consols are• quoted 87 to IV for
money and the account. Reduced Threes, sfri to 7. Three-
and-a-Quarter per Cents, 87i to . Exchequer Bills are lower,
at 445. to 48s. premium. Bank stock, 198 to 200.
LONDON SHARE MARKET.—YBSTERDAY.

The market is very quiet this morning, and business chiefly
confined to the more spec ulative shares. We quote London
and North W esterns, 125 to 127 ; Eastern Counties, 14a to 141;
London and Brightons, 311 to 32/; Caledonians, 28 to 28/;
Birmingham and Oxford, 2:0 to 24 ; North Staffords, 2/ to 2i
dis. ; Great Western 3 to 1 dis. ; London and South Western,
47i to 48i ; South Eastern, 25* to 25g.

LONDON CORN MARKET.-YESTERDAY

Our market was tolerably well supplied with English Wheat
this morning by land-carriage samples from the near counties,
which (owing in a great measure to the unfavourable accounts
received respecting the potato crops) was readily taken off by
the town millers, at an advance of fully 2s. to 3s. per quarter
upon the rates of Monday last. Foreign Wheat was also 2s.
per quarter dearer, and the few parce:s of bonded Wheat on
sale were held for a still greater improvement. Barley, for
grinding purposes, sold for rather more money, and other
qualities were quite as dear. Oats were in improved request,
at previous prices. Beans and Peas were the turn dearer;
some new white Peas, from Essex and Kent, were sold at 38s.
per qr., quality sound. Floating cargoes of Indian Corn have
advanced in value 3s. to 4s. per qr.