The Sun.
London, England, 1837-04-18 00:00:00

KING'S BEN CH.--(

-( Sittings in Banco. )

At the sitting of the Cour—t Mr. Justice COLTMAN made the
usual declaration on being appointed one of the Puisnc Judges
of the Court of Common Pleas.

THE KING V. THE POOR-LAW COMMISSIONERS.

Sir FREDERICK POLLOCK had been instructed, on behalf 0,
the City of London Union, to make two applications to the
Court—one was to set aside an order of the Poor-law Com-
missioners, dated the 27th of January, 1837, by a writ of cer-
tiorari, and the other was to set aside a subsequent order of
the Commissioners of the 10th of March, 1837. Although
he had been instructed to apply for the rules separately, he
felt it to be his duty to disclose to the Court the whole cir-
cumstances at once, inasmuch as they were closely con-
nected together--the object of the latter being to cor-
rect and amend the former order. With respect to the first,
he submitted that he was entitled at once to a rule for a cer-
tiorari, inasmuch as ten of the parishes included in the Union
were under the protection of particular bodies, established by
local Acts of Parliament—and with respect to the second,
which was in the nature of an amendment to the first, it would
be for their Lordships to decide whether it was valid, it being
a clear principle of their Lordships' judgment, that the Com-
missioners had no authority to issue the order of the 27th of
January. The first order, after enumerating 108 metropolitan
parishes, of which upwards of 90 were within the walls and
without, directs that these parishes shall constitute the City
of London Union. It then appoints Boards and Guardians,
and rules and regulations are given with reference to the
Union. Notice to that effect having been given to all the
parishes, a very large number of them were disposed to resist
the order, not from any motives but their conviction of the
illegality of the order, inasmuch as they were advised that a
number of parishes under the guidance of local Acts could not
be interfered with by the Poor-law Commissioners. Mea-
sures were taken to apprize the Poor.law Commissioners of
the views so entertained, and on the 10th of March the
Commissioners issued the second order. That order, after
reciting the previous one, proceeded, " and whereas doubts
have been entertained of the validity of that order, as far as
it may affect certain parishes wherein
.laws for the relief of
the poor are administered under the provisions of local Acts ;
and whereas it is expedient to remove such doubts, and to
alter and amend said order; now, therefore, we, the said
Poor-law Commissioners, do hereby rescind so muck of the
said order as may in anywise affect the parishes and places
(enumerating the various parishes having local Acts); and
we hereby order and direct that the remaining parishes (enu.
merating them shall constitute the City of London Union ;
and in all other respects we confirm the said order of the
27th of January, 1837." He ( Sir F. Pollock) contended that
it would have been better for the Poor•law Commissioners to
have made an order de novo instead of attempting to amend
and rescind a portion of the former order. The Learned
Gentleman here referred to several sections of the Poor-law
Amendment Act, to chew that the Commissioners had the
power, in certain cases, to constitute several parishes into
Unions, but that this power, when exercised in reference to
parishes having local Acts, and over which they had no con-
troul, was illegal. By the 36th section it was provided that
if the order was legal it could not be rescinded without the
consent of two-thirds of the Guardians ; if, on the contrary,
the order was originally illegal, no amendment could be en-
grafted on it, so as to give it validity : in short, they ought to
have abandoned it altogether.
Lord DENMAN—That would have been a more convenient
way.
Mr. Justice COLERIDGE—In what way were they to get rid
of it—was it by a new order?
Sir F. PottocK—l doubt whether that would have been a
proper course. It appears to me that it could not be rescinded
without the authority of this Court. The only question at
present is, whether I have raised sufficient doubts of the vali-
dity of the orders, as to induce your Lordships to bring them
into Court, in order that their legality or illegality may be dis-
cussed.

Lord DENMAN—I suppose the Commissioner 3 do not want
to show cause at present ?
Sir F. POLLOCK—No, my Lord.
Lord DENMAN—I think you must have your rule.—Rule
granted. -

COMMON PLEAS.-(THIS DAY.)

LACY V. WALROAD.

This action was brought by the plaintiff, an undertaker, to
recover the sum of 1501., being the amount of the funeral ex-
penses of the defendant's mother, and was tried at the last
assizes of Gloucester before Mr. Baron Parke, and a verdict
had for the plaintiff.

Mr. MAULE now moved for a role to show cause why the
verdict should not be set aside and a nonsuit entered, or that
a new trial should be granted, on the grounds of the insuffi-
ciency of the evidence, and that the defendant was utder no
implied responsibility as the administrator of the deceased.
The plaintiff had attempted to support his case by producing
letter from the defendant to Lady Codrington, in which
he expressed his approval of the arrangements which
had been made, and had acknowledged the receipt of a letter
from her Ladyship, inclosing his mother's will. The Learned
Counsel contended, at great length, that there could be no
evidence of any ratification of a contract for the order of the
funeral, unless that original letter had been produced; and
that the expense incurred by the funeral should not have ex-
ceeded 531., as directed by the will, and which had been paid
into Court.

The CIIIEF JUSTICE—Take a rule to show cause.—Rule
granted.

EXCHEQUER. COURT-(THIS DAY).

HOWIE V. DALTON.

This action was brought to recover the value of a quantity
of printed goods which the defendant printed for a bankrupt
named Lloyd, whose assignee the plaintiff was: The trial was
had. at Chester before Mr. Justice Bosanquet, when a verdict
was found for the plaintiff with 1,600/. damages.
The AtTORNEY-GENERAL now moved for a rule to show
cause why that verdict should not be set aside arid a new trial
had, on the ground of the admission of improper evidence.
The goods in question were sent by. the bankrupt, who shipped
them to the defendants, .cho were printers, for the purpose
of being bleached, washed, and printed. They were so
printed, and the bankrupt shipped them to Mexico. On
their arrival there it was found that they were in a
rotten state, in consequence of the negligence and
proper treatment of them by the defendant. The goods
were sold and complained of, and the bankrupt had been ob-
liged to repay 1,000/., and other demands were coming in.
The Learned Judge alloWed that fact to be proved by the
bankrupt himself; and he (the Attorney-General) contended
that he had an interest in the matter, and was disqualified as
a witness. The Jury also were most precipitate and unjust,
for they did not allow the Learned Judge to sum up, but im-
mediately found a verdict for the plaintiff, with 1,6001. damages.
—Rule granted.

We are assured by the manager of a respectable bank
near Leeds, that although gold has diminished in the Bank of
England, he is certain it has greatly increased in many, if not
all, country banks. He says their bank has kept a stock for
several months past amounting to nearly three times their usual
supply ; and although be had to send to the Branch Bauks of
Englan formerly every fortnight for gold to pay wages, yet
he has not had occasion to do that once for the last three
months. Even in Manchester, where the pressure has been
and still is great, the banks have had more gold than they re-
quired, and have been offering it to neighbouring banks. We
think such a statement as this ought to be generally known,
as it establishes the fact, that although gold may diminish at
the Bank of England, it does not follow that it.is sent out of
the country. Our informant believes, indeed, that the amount
of gold in the country is very great, It will be seen that our
private correspondent bears out ilk3s last statement an far as
respects the metropolis. —Leetrds• Mercury.
In consequence of the failure of the hay crops last
year, the sheep in the mountain districts are in a state of star
vation. The whole country is covered with snow. So great
is the scarcity of food, that several carts laden with ivy, from
the vicinity of Keswick, have been carried up the mountains,
in the hope of keeping the poor animals from famishing.
Some sheep farmers arc loin from 10 to 12 sheep a-day.—
ccilderiand POCka,