The Sun.
London, England, 1839-04-24 00:00:00

LAW INTELLIGENCE.

BAIL COURT,. Arini. 23.
THE QUEEN v. Tric DEPTFORD FIRR AND IMPROVE-

MENT COMPANY.
Mr. BAILEY applied to the Court to extend the
time for making a return to the writ of mandamus is-
sued against the Deptford Pier Company, calling upon
them to show cause why they had not paid the sum of
2,0001. to Mr. Collier, the sum awarded by a Jury for
land of which the Company had taken possession. The
application was made on the ground that the Company
was not at present able to pay, on account of many of
the calls not having been paid, and they asked for time
until Michaelmas Term, in order that they might have
the opportunity of enforcing those calls.
His LORSHIP did not know that he ought to inter-
fere at all in a case like the present, of which he feared
there would ba too many, The utmost he could do
was to allow ten days more to make•the return.

FORD V. HARRIS.

811.L3 OE EXCIIANGE.—Mr. BAYLEY stated that this
action was brought to recover the sum of 2,0001. on two
bills of exchange for 1,0001. each, drawn by Mr. G. S.
Ford on, and accepted by Messrs. Andrew Smith and
Co., and endorsed by the defendant, who was one of the
Directors of the Marylehone Bank. Notice of the dis-
honour of the bill had been sent to Stevens' Hotel,
where the defendant was in the habit of staying when be
was in town.

A waiter at the above hotel was called to prove that
the defendant frequently resided there, and that letters
were directed to him there, but he failed in doing so ;
upon which
Mr. BAYLET proposed calling the defendant's soli-
citor, who was in Court, to prove that fact.
The defendant's Counsel objected, on the ground that
any communication made to him by the defendant was
privileged.
Mr. Justice WILLIAM'S said that depended entirely

upon the nature of the communication. The defendant
might have told his solicitor he hada blue coat. Surely
that would not be a privileged communication. His
Lordship directed the solicitor to be sworn.
Mr. STEWART, the defendant's solicitor, was then
sworn, and ha stated that the only knowledge he had
upon the subject, was a communication made to him
by the defendant relative to his defence to the present
action, and which defence was that he had not received
notice of the dishonour of the bill.
Mr. Justice WILLIAMS decided that under those
circumstances the witness was not bound to state what
that communication was.

A letter of defendant's was then put in, in which he
requested that one of the bills might not be presented
for payment, and in which he undertook to waive all no-
tice of its dishonour, should it not be paid.
. _

Mr. Justice ‘VILLIAMS said this would be sufficient to
warrant a jury in finding a verdict for the plaintiff as to
one of the bills ; but as to the other there was no evi-
dence of any notice having reached him, and conse-
quently the verdict must be for the defendant.
The jury then returned a verdict for the plaintiff on
one of the bills, and for the defendant on the other.

FORD V. LOCK.

This was an action against the defendant on the same
two bills of exchange ; it was undefended, and the jury
returned a verdict for the plaintiff for the full amount

claimed.

POLICE INTELLIGENCE.

BOW-S7'REET.

A young man named Win. Bather was brought up
on Monday, in the custody of Goddard and Ballard,
the officers, charged under the Gth and 7th of Wil-
liam IV., which is entitled " An Act to reduce the
duties on Newspapers, and to amend the laws re-
lating to the duties on Newspapers and Advertise-
ments," with selling a number of the Paul Pry, an
unstamped publication, for which he rendered himself
liable, by the 21st clause, to a penalty of 201. for
each offence.

Mr. Tinley, Solicitor to the Stamp-office, conducted
the prosecution.
Goddard stated, that at three o'clock in the after-
noon he went to 55, Holywell-street, Strand, and hav-
ing knocked at a partition, in which was a flap-door,
drawn up by a pulley, he saw the defendant, who sold
him a number.

At this moment of the proceedings John Holt en-
tered the office, and applied to have the case post-
poned, as the defendant was not allowed time to pro-
vide himself with a professional adviser.
Sir F. Rou said, that if the person at the bar had
any application to make he was ready to hear him.
The defendant then said, he wished the case to be
put off until the arrival of his solicitor.
-Sir F. ROE said the Act empowered the Stamp-office
authorities to apprehend any person instanter offending
against the law, and he could not accede to the request
without the sanction of the Commissioners.

Mr. Tinley said he was not aware if the Act required
the permission of the Commissioners, as the power, he
apprehended, rested with the Magistrate.
Holt observed that it was the first information which
had been laid under the new Act.

Sir F. Ron hoped that no pet slit would interfere un-
less he was professionally engaged, and the only difficulty
he saw was the procuring proper sureties, as he did not
suppose the Stamp-office wished to act with severity, but
he apprehended the Act did not authorize sureties, as
the person so taken by the Officers of Stamps, should be
dealt with summarily, and as the defendant was present
he had no objection for him to remain in the custody of
the officers until next day.
Mr. Tinley said he would undertake to serve the de-
fendant with a summons for his re-appearance before he
left the office.

Sir F. ROE said he had no objection to such a course,
and a summons being procured, it was served upon the
defendant, who again attended yesterday to meet the
charge.
Mr. Clarkson said that he had the honour to appear
on the part of the Commissioners of Stamps to substan-
tiate a complaint against the defendant for an in-
fringement of the New Stamp Act, the 17th clause of
which provided " that if any person shall knowingly and
wilfully print or publish, or cause to be printed or pub.
lished, any newspaper not duly stamped according to
law, or if any person shall knowingly or wilfully
sell, utter, or expose to sale, or shall dispose of or dis-
tribute any Newspaper not duly stamped, as aforesaid ;
or if any person shall knowingly or willfully have in his
possession any Newspaper not duly stamped, as afore-
said, every person so offending in any of the cases
aforesaid, shall for every such Newspaper, and for every
copy thereof, not duly stamped, forfeit the sum of 201.,
and it shall be lawful for any officer of stamp duties, or
for any person appointed or authorized by the Commis-
sioners of Stamps and Taxes on that behalf, to seize
and apprehend such offender, as aforesaid, and to take
him before any Justice of the Peace, having jurisdiction
where the offence shall be committed, who shall de-
termine the matter in a summary way, and if upon
convicting, such offender shall not immediately pay the
penalty or penalties in which he shall be convicted, such
Justice shall forthwith commit him to prison for any
time, not exceeding three months, and not less than
one calendar month, unless such penalty or penalties
shall be sooner paid." The 18th sect. also authorised
officers to seize, and the 22d sect. authorised Justices
of the Peace, upon information on oath, to grant war-
rants to search for unstamped newspapers, and to search
for presses, &c. used in printing the same. He held
in his hand an authority from the Commissioners to
seize upon Ludkin Jones, whose name appears as printer
of the Paul Pty, which bad no stamp, and upon in-
formation being made upon oath that such paper would
be found, the warrant was issued. The officers, by
such warrant, having gone to Holywell-street, found
that another door connected with the shop opened into
the Strand, and succeeded in seizing 12 quires of un-
stamped papers ; but they made no search for Jones,
there being no such person in existence, of which
circumstance the Commissioners were aware.
He was instructed to say that the Com-
missioners felt it to be their duty to take
up the case purely on financial grounds, and to pro-
tect the revenue, and by referring to the publication
there would be found a correspondence between a
Noble family and the Prime Minister, in the first
page, and in the fourth an article in the shape of a
leader. The other part of the paper contained intel-
ligence respecting the prize ring, with news about the
fights to come, and movements of the Fancy, together
with Police Intelligence. The Commissioners did not
desire to press for a conviction to the fullest extent of
the law, and as the matter had been taken up ad-
visedly; it would be quite right to state, that every
person engaged in such a publication became liable as
well as the person living at the office. The Learned
Counsel then examined the officers, who explained the
manner in which they effected the capture.
Mr. James, the barrister, who appeared for the de-
fendant, apprehended that it was necessary to show
that the publication was a newspaper, containing matter
coming within the meaning of the Act.
Mr. Clarkson referred to the police intelligence which
was headed " From our own reporter," and which re-
flected severely upon the conduct of the " Beaks," as
the Magistrates were termed.
Mr. James contended that the publishing the corres-
pondence between the Marchioness of Hastings and the
Court, could not come within the meaning of the Act,
it being of a private nature, occurring between two in-
dividuals respectively, and of no public interest, only so
far as the public made itself concerned, nor was there any
case cited upon which the consequences of publishing
such an occurrence could be pointed out, as might be
done respecting a riot, or a war in a foreign country.
He did not wish to impute anything to the Commission-
ers of Stamps, although he was bound to observe that no
steps had been taken by them, when a number of the paper
had been sent to them in the usualway,until the correspond-
ence was made use of, which was not a narration of public
events. The leadir, article, he would submit, related to
a police report, which was taken from another paper as
an extract, such as is the case with periodicals, but which
could not be considered news. He knew that the
other objection referred to the prize ring, which was not
a narration of events, such as travels, but an account of