The Sun.
London, England, 1852-06-17 00:00:00

QUEELY.S BENCH, June 12.
LAW INTELLIGENCE. --,
• • • C0171?T OF
E
DIVISION,at dIIID Solicitor.
GI xn
co' ra 4 , with
TUE QZ:EEN V. THE cosisussrosrEus OF LAND-TAX EON
• • The Attorney-Generall
rwuhleoutfoVlr7l3BMGOr.allrdhaimilnu's 201.' bPraairneedd t ola2t tmt7evemil:4 toag4insPeal
the Oommissioners of Land-tax for the abovte:S"
siert, to cause the proportion charged upon it to
equally taxed and assessed, to the best o-heir- be
Judg-
meats and discretion.
The ATTORNEY-GENERALrequested that the.-.rule
might be enlarged; neither he nor his Learned Esiend
the Solicitor-General had had their briefs above s two
days; the case was involved in the construction of Teri-
ens Acts of Parliament, which he had not bad time to
read. It was the same as the last case (Bradley Iliiver-
stoe). The question really is this, what is the discre-
tion which the Commissioners are to exercise, and whe-
ther they have exercised that discretion. If they have
exercised it, it depends entirely upon the sonstruction
of the Acts.
7Or. W A.TsoN, Q.C., in support of the rule—Thesrule
was obtained on the Bth of May. end served imme-
diately. . In the interval the Solicitor to the Board of
Invand Revenge had asked time to prepare affidavit;
.shish he (Mr. Watson) had premised to grant. He
was aware his Learned Friends bad not had their papers
long. bet the cvse nue a herd enc. It was for an an-
nual laud tax assessment, ond the year would be nearly
run out. If his Learned firiends could satisfy the Court
that there is a great deal of difficulty, in pcietnf law or
in point of fact,
.then my rule may be made absolute.
Their Lordships would not, upon a motion for a man-
damus, try a difficult case of fact or of law.
Lord eAMPBELL—The rule seems to me to enlarge
itself. Is out id the usual course, when a question le-
vul ves the construction of various. Acts of farfiameat,
that it Amid be placed upon the record? These Land-
tax Acts involve questions of great difficulty as well as
importance. There is a decision of the Court upon the
subject, which has not been acquiesced in elsewhere.
Have you bed time to look at this, Mr. Phinn? Does
not it involve questions of considerable difficulty, which
it would be as well to hear on the return? •
Mr. .Pnitits—All I say is, there is great question
Lord CA
the Haverstoe case. There would be a question whether
whether sour Lordships will issue a mandamus within
would depend on what your Lordships thought upon the
the Commissioners have not exercised a dieeretion. That
aindaviZe and the Acts of Parliament.
liPlitLt—hel, frethcoisrdbe.
verstoe over
- again, I think it highly important that it
should be put upon
great importance; an . .
a discretion is of
was no opportunity of revising what we threw out. The
question as to whether the Commissioners have exercised
btehcea :ass e case of
fthaßtrcaadsleeythirerae-
d that alone
though there were no other be
enough for
The ATTORNLY-GXNERA mandamus.
• L--That question is involved,
and inextricably involved, in the
question really
of the Acts
of Parliament, because the
in the year 1798. If they have exercised
eq"tas which existed
and have said, we think we must oontricnised a discretion,
by the Act of Parliament to continue
upon the
whether
the and are bound
is the exercise of a judgment and discreettl"t", which
subject, then the question will be, whether :12
tact, the quotas are to be continued under the Tett 4,1
Parliament, as they existed in 1798.
Lord CAWIELL—Then they will return than the
ev have exercised their discretion, and the question
arise, whether it is a good return. It As quite .
clefs,
upon the statements made, that this is a case in which,
almost to a certainty, the rule for a mandamus Will be
made absolute, and, I think, it would be better at once to
do so. It is a fit question to be put upon the record.
ATTORNEY-GENERAL—an the 1111143T8t00 Oise your
Lordships discharged the rule.
Mr. HALL—That was by consent.
Mr. WATSON—The question is, whether they are to
make a new and equal rate, or to take the old rate. Your
Lordships will never determine upon motion the question
whether they are to take up the old assessment, which is
half a century old.

SOLICITOR-UENERAL—If upon looking in these papers
we think with your Lordship that it is a fit case to be
nut neon the record, we will not give my Learned
Friends the trouble of arguing the case.
Lord CANPMELL—Then go on now.
ATTORNEY-GENERAL—I can tend the Acts of Parlia-
ment, and 1 can occupy your Lorchhips' time by reading
them---

Lord CAMPBELL—I think in the exercise of your most
xnt'Mr. Attorney-General, you will see
what cel i
proposes cannot prejudice the rights of
etehnet jouociugrust
the Crown, or of the public, but will lead to the proper
determination of the question.
SOLICITOR-GENERAL—Neither my Learned Friend
the Attoraey-General nor myself would resist any sug-
gestion of your Lordship.
Lord CAMPBELL—WiII you go on then?
SOLICITOR—We are not in a situation to go on.
Lord CAMPBELL----Will you go on, Mr. Phinn?
Mr. PI:LINN—Really, my Lord
Lord CAMPBELL—Tht,n the rule will be absolute.

COURT OF EXCHEQUER, June 16.
;Sittings at Nisi Prius, before Sir F. POLLOCK and a
Common Jury.)

NEALE V. LEVY.
Mr. E. James and Mr. Joyce were counsel for the
plaintiff; Mr. Sergeant Miller and Mr. Lush appeared
for the defendant.

The defendant W 24 formerly a sheriff's officor and bill
discounter; he is now the lessee of the Gravesend Pier
nod Gardens, a place of public entertainment. The
action was brought for damage alleged to have been sus-
tained by the plaintiff by his not having been permitted
to fulfil a contract entered into by him to supply the de-
fendaut% gardens with illumination !amps during the
season of 1851. The plaintiff stated that he •was en-
gaged absolutely to supply and light 4,000 oil lamps
every night. The defendant after a few weeks had gas
brought into the gardens, and dispensed with the plain-
tiff's further services. The plaintiff estimated the profit
he would have mado by the contract at 2004, and stated
that he had actually lust 804 by the preparations be htid
made for cam., ing it out. The defendant, on the other
hand, and his two sons, stated that the agreement made
with the plaintiff was merely to supply such lamps as
might be wanted, depending on the state of the weather,
and other circumstances, and that the contract was
weekly and not for the season.
The jury returned a verdict for the plaintiff.—Da
triages 401.

ANTICIPATED SECESSION OF THE
REV. J. E. GLADSTONE, B.A.
(FROM A CORRESPONDENT.)
It has been already stated that this Rev. Gentleman
had announced his intention to appeal from the adverse
decision of the Dean of Arches to the Privy Council.
During the last few days, however, matters bait) taken
a sudden snd unexpected turn. It was thought on all
hands that an adverse decision cf.the Privy Council was.
possible, if not probable, and that the ultimate issue of
the question would be Mr. Gladstone's compulsory seces-
sion. But atter the strong language used by the rim,
Gentleman with regard to Mr. bhore'a cage, it ....v •
west of
tpresent on
thought be would not dissent till driven to it t• . h was
'Y t e de•
cision of the Privy Council, which, in this ca e, i.,
utthie.Tw'raeci:a.rian, whose
court of final appeal. Those of his friends who e,
' a
thus will probably find themselves mistak
hEiAnarl and a o thought
authority for stating that Mr. Gladstone is have
wahvoist
oatpthisesesoetaetroofhad Baronet
name has-recently figured in twine England,
name
allude,_
spondonce with a Protestant newspaper corre-
B!shop. Mr.
,Gladstonee has accepted Tractarian
sroeracreuiutlhtiiVitelfaarrfea:gdenisYeantil:bilisee Priltueede.abwitnhvaitviateiown to
a Dissenter, and efliciate in y which he would become
Baronet to whore ra which
belonging to .the •
•Morning
Advertiser.

COURT .--------
melltityßnyo:eysaatlieflrlidilfyhhnunetesis3snutehlL::lnP:reaintactiepssl:leAMeela:Lry visited her
. the manegemie:i •
Council for ittgtAbelbvera
at the Duchy Office in Somerset Home, yesterday morn-
Hon. His Roral Highness was . ded by Colonel the
as attended Hon. C. B. Phipps.
the
Their Royal Highne,e3 the prino9 of Wales,,sr.
Prince" Royal, Prince Alfred, ax,d
Alice, Helen,.., and Louisa, took tbemir
Palace.
;
IchrcifidCrclornalwathile,
the Princesses
eixncterscssees
yesterday, in the garden of Baoklbsteri.
~ rday at
The Queen had a dinner pFtylA,,d her Royal Bucking-
ham Hig-
h The companY'
inisc Excellency the French
aces the Duchess of
Kent, sh.Walewski, his Excellency
Ambassador and the Cou otlhl
eo r eEdior,l Lady
a and
the Austrian
the Baroness
the Earl of Aberdeen, Lord
Countess of Shaftesbury,
11 Lord and Lady ClAnde Hamil-
ton, Lady John
andliobse•-' the lion. Miss Mitford, the
ton, Lord Redesdale,
John and Lady Pakington, and Lord
atroinonarMd,inister anduttetise Cdooun,stpeestshe,
Right Hon. Sir
George Lennox.
fii loess the Duchess of Kent visited her
Royal HigbHighnesst
Her Royal --to Duchess of Gloucester yesterday,
tt Gloucester
Souse.ird
The jyk rit ha ntdh e Ear lhio af
ck
iael 'lnleis.bPJy haatd t ahne
interview Earl
iew,°lii of
,
S resent a memorial from a numerous '
: 4fice, P
ForeigT,,. proprietors and tenants of the Stewartry
body " I—= bt, on the subject of guano from the Lo-
d Kircedbrig
bos Islands.
Governor Gregory had an interview with Sir John
vesterday, at the Colonial-office.
I,,kingtonb..es
were sent yesterday from the Colonial-
,Nl),,,,isfalcne Governors of the West India Islands.
el Cha ber and heard a petition
in the Coun i m . .
:'.7.t...'et-ired-oJayutdicial Committee of the Privy Council sat
from madras, and an appeal from Jamaica.

MARRIAGE IN HIGH LIFE.—On the Bth instant, at
Teston Church, by the Rev. Sir Francis Stapleton, Bart.,
Berkeley Noel, Esq , only son of the late Hon. Berkeley
Noel, of Moxhull Park, Warwickshire, to Millicent Mary,
daughter of the lion. and Rev. Panda Noel, of Tenon,
Kent. After the ceremony nn elegant dtseuner was given by
the father of the bride, to which about ,fifty friends and re-
latives
siant
tdhoewirnt.ravAelfltienrg tchheardioejt'eau
lan
deefourth,efohr rrairef.4
'l. e st o
Warwickshire, to spend the honeymoon.

Taz GREAT BRITAIN.—This leviathan screw-
steamer is about to be transferred to the " Eagle line" of
Australian packets, belonging to her present owners,
Messrs. Gibbs, Bright, and Co., Liverpool. She is announced
to leave that port tor Melbourne, Port Phillip, on the 21st of
August next. She will carry three classes of passengers—
upper saloon, 70 guineas ; fore saloon, 40 guineas; second
cabin, 25 guineas. The Great Britain
will have accommoda-
tion for about 1,000 passengers.
IMPORTS PROM AUSTRALIA.--The Blackwell has
arrived from Sydney, New South Wales, with
upwards of
57,000 ounces of gold, of the value of about 230,0001., and
2,021 bales of wool. The Benjamin Elkin, from Adelaide,
South Australia, also brings gold to the extent of 14,000 t,
y
and 1,878 bales of wool, rhe several other vessels referred
toyesterday as having
6154 Z 011104 of 9991, arrived this week kelre on bead