The Sun.
London, England, 1837-11-04 00:00:00

“THE SUN”

OF
‘-'II.SDAy, NINTH OF NOVEMBER,
WILL GIVE A VERY
FULL ACCOUNT
OF THE
II(IYAL PROCESSION,
t 4 FESTIVITY, &c. ON
D MAYOR'S DAY,
AS TO REACH ALL PARTS OF
ZDNGLAND ON THE FOLLOWING
ORNING, AN SCOTLAND AND
4.BIELAND THE NEXT.
*..----EARLY ORDERS SHOULD BE GIVEN.

-.-
Plittication of THE SUN NEWSPAPERcommenced this day
at 15 minutes past Three o'clock.

_

LONDON :
s~TuRDAY EVENING. NOVENIBER 4, 1837.

tempts to mystify, and to escape from his dilemma by
assumindthat Lord DENMAN was right, only because
the Pzivilege which he called in:question had not been
declared to be a Privilege by the House of Commons.
This is silly. The decisions which our Correspondent
referred to show that such a declaration is quite un-
necessary—the mere circumstance, or fact, of any
thing being done by the authority of the House,
being a sufficient declaration of the Privilege, and,
as the Judges have decided, sufficient to take
away their jurisdiction. The exercise of the Privilege
is all the information that a Judge requires for his
guidance. This we defy our Contemporary to con-
trovert.

Madrid Papers to the 26th ult., and advices from
Bayonne to the 30th, have been received. They an-
nounce the return of Don CARLOS to Estela. The
Pretender re-crossed the Ebro, pursued by General
LORENZO, at the ford of Cilla Perlata, opposite Tras_
paderna, on the morning of the 24th ult.—after a
campaign of five months spent in fruitless marches
and counter-marches, and without succeeding in any-
thing but the destruction of hundreds of his miserable
followers. The Spanish Consul at Bayonne commu-
nicated- to the French authorities the return of Don
CARLOS to Estella, which was made known to the
public by the publication of the following official dis-
patch in the Supplement of the Phare de Bayonne
of the 28th ult.:—
EXTRAORDINARY DtTLLETIN OF ST. SEBASTIAN, OCT. 27, IN TUE

AFTERNOON

Political Provisionary Government of Guipugeoa.

The Commandant- General 'of the Army of Operations of
the Coast of Cantabria has transmitted to me the following
intelligence :
" Commandant of Arms of Luena—The Military Com-
mandant of Soneillo has written as follows, under the date of
yesterday evening, seven o'clock :
" The Commandant-General of the Corps d'Armee of Ob-
servation on the left has sent me the following communica-
tion, which reached me at nine o'clock this morning :
" According to accounts which were brought me at four
o'clock this morning, it appears that the rebels commenced
passing the Ebro at 12 o'clock last night, at the fort of Cilla
Perlata. The garrison of Traspaderna, on hearing the firing
of musketry in that direction, proceeded immediately thither.
General Lorenzo was yesterday evening, at 6 o'clock, a league
and a half distant from Frias, in pursuit of the rebels. lie
ordered me to give him notice of their movements, his inten-
tion being to dispute the passage of the Ebro with the enemy,
which I inform you of, in order that you may communicate it
to the commander of the convoy.
" lam also, from another source, enabled to inform you
that the convoy has made a retrograde march from the Venta
Nueva, and has passed the night here.
" FRANCISCO GARAY Y LAYAL.
" Luena, Oct, 24, 1837."

" Letters confirmatory of this statement, dated Santander,
the 26th ult., have been received by the Spanish Consul, and
other persons in Bayonne, some of which state that Don
Carlos was with this division of the Carliet army, which, after
passing the Ebro, took the direction of Pena Orduna, on its
way to Biscay. Some of the letters mention that the number
of Carlist troops that crossed the Ebro on this occasion did
not amount to much over 4,000 men, and that they were in
the most wretched plight possible."

The Madrid Papers contain very little news of any
interest. The following extract from the private cor-
respondence of the Eco del Co►n,nercio of the 25th ult.,
proves the scandalous mismanagement of the QUEEN'S
Generals, in everything connected with the vigorous
prosecution of the war. With numerous garrisons and
strong moving columns along the whole of the right
bank of the Ebro, they contrived to suffer the Carlists
to re-cross the river in October as scathless as they
crossed it in June—being always several hours too

late'to catch the enemy
OCT. 19.—0 n the 16th a part of the faction, with
Don Sebastian, arrived at Belorado, at which point they or-
dered 15,000 rations of bread and meat, and 900 of barley.
On the 17th they continued their march to this part of the
Ebro, occupying the towns of Cuzeurrita, Firgo, Casa la
Rienna, and Agunciana, demanding the same number of ra-
tions in these places, and throwing the inhabitants of the Rioja
into the utmost consternation, who little expected a visit of this
kind. On the 18th, at the hour of ten in the morning, a column,
commanded by the rebel Sanz, appeared at this point, bringing
with him the sick, the wounded, the prisoners, the young men
impressed during the expedition, a large quantity of baggage,
some infantry, and sixty horses, the whole amounting to
about 2,000 men, and crossing the river entirely at their
leisure. They halted for some time on the opposite side, and
then moved on to Zembrana, towards Santa Cruz. On the
other side the river they left a battalion and about fifty cavalry,
apparently with a view of protecting the passage, for they
shortly after crossed the Ebro themselves, and took the same
road as the main body of the faction. They attacked Haro,
but were repulsed, and driven back to Cosa de la Reina. Of
Luchana or our troops we know nothing, nor of those of
Ulibarri, so that it is most melancholy to see the best oppor-
tunities of falling on the factions lost. The faction halted
during the night in Coso de la Reina quite tranquilly.
" The factious, disembarrassed by the disposal of their con-
voy, passed in mass across the Ebro this morning at the
same point. At day-break a company of Light Infantry ap-
peared, and compelled the Magistrate to have the river staked
and lined, to point out a safe passage to the men ; at ten
o'clock Don Sebastian, Villereal, Zariategui Elio, and others,
arrived with eleven or twelve battalions and three squadrons,
the whole composing a force of scarce 6,000 men. The pas-
sage of the river was completed at two o'clock. After dining
on the other bank of the river, they proceeded by Zembrana to
Santa Cruz, in the direction of Penacerrada. They carried
with them much baggage, and two pieces of mountain artillery.
All this occurred without a single shot being fired at them
for the two days they stopped at Casa la Reina." Ideni, 21st.
—" Last night General Lorenzo arrived at Haro. The force
he brings with him is unknown. His courage we do not
doubt, but it is the duty of the Government to examine the
causes of the delay in the pursuit of the fugitives."
As for EsPA RTERO, he was on the 22d ult. at Abe-
jar, three leagues west of Soria, in hot pursuit of the
Pretender, who contrived then, as on so many former
occasions, to lead him upon a false scent. In fact,
while the Commander-in-Chief was exploring the
brambly recesses of the pine forests of Soria, Don
CARLOS was leisurely fording the Ebro, with a per-
fect consciousness that his nearest formidable enemy
was six hours march behind him. ESPARTERO'S
own bombastic account of his warlike movements,
addressed to the Minister of War, appears in the
Madrid Gazette of the 24th ult. ; but as we care not.
to exhibit his folly in a stronger light than we have
already done, we shall not give it a place in our co-
lumns. The debate on the Quicksilver Mines' Com-
mittee Report closed in the Cortes by a vote con-
firming the contract entered into by MENDIZABAL.

141.1,i1e give elsewhere another letter on Parliamentary
A .:ge, from the pen of our respectedicorresponden!
lAitat-7,efornler." The writer shews, by a happyp
the 4" of the reductio ad absurdum, the futilitya
of
chetrri:le laid down by Lord DENMAN, and the
of public scribblers who are always ready to
the dictum of a judge, when it is in favour of cur-
thes,it' the privileges of the people, or, which is in effect
11413,112 e thing, of their Representatives. There is, per-
"° question in any respect connected with law
ill(lic.k'leatly established by an uninterrupted series of
ttke decisions than this, that no Court of Law can
f
I:tltf:°gnizance of the Privileges of Parliament. i
lizt% -11 dent can show that what he is accused of doing
Nrijueen done under the sanction of either House of
it hh.klllent) the jurisdiction of the inferior Court
k -Per
Not,' seded—the plea of Privilege is a bar to the
tiohl4.7' Wherever such actions, as involved a ques-
edol: his kind, have come before the Courts, the
4thlos.B nave said Here we must stop—we know
°et g I these Privileges, except that it is beyond
11441P'4er:Iv. er to decide upon them—the authority of Par-
Ptthellt 18 greater than ours." All, therefore, we ap-
Sild) that is necessary to be done in any cas,e,
toto that" T OCKDALE V. HANSARD,
tri,dl3l.°(itl of ..,
ee to the Court of law in which it
4d
ate a voucher to show that the party sued
e,0111.41er the authority of Parliament. Wereitr4glll urt ofv.
King's Bench to be allowed to sit in
1110,°43 tiPon the privileges of the House of Corn
Citt:44—lat would be the consequence ? Simply this,
uY it every deci • of that Court may be carried pbe.s, decision
by the, Jr to the House of Lords, that House would
of
tile 4,.4tt1al arbiter of the rights and privileges
jvil" °I. Commons !
leiirtoth ees.:,afilhatter, since ;`)°l4ll(l!eing Journalist has, we find, been quibbling
the appearance of the " Re-
to,' le to ii.rst letter • but the only resource that is left
1kv1.411 the pule the bearing of time decisions cited
"Y, •1. here
tried before Lord DENMAN. ofNow
in krallerw could, did he not show the want
144irtt th ? Why did he not point out
eY differed Instead of doing this, he at-

look to the end, and march towards it, caring little in what
rank. Let who will command provided the flag be ours, and
that it is followed.

ODILLON BARROT."
The following excellent article on the subject of
__ussian aggression is from the Messager. We beg
'or it the earnest attention of the people of England,
and their honest representatives in Parliament :
" Georgia and Armenia," says that paper, " have been in-
corporated with the Russian empire, of which Tiflis has be-
come as it were the southern eye ; Persia has been already in-
vaded, the Aras crossed, Abbas Mirza has been vanquished at
Goud.ja, and the treaty of Turkman Schai has but paved the
way for a fresh expedition, which will extend to Teheran, and
knock at the gates of English power in the Indies. The Rus-
sian armies have descended the Balkan, overthrown the bul-
warks of the empire of Shumla and Varna, encamped in the
plains of Adrianople, almost in sight of the minarets of Stam-
boul, and compelled Turkey to purchase the clemency of the
conqueror by the most shameful concessions. At a later pe-
riod, after the battle of Kollin, Turkey was placed at the
mercy of Ibrahim Pasha, and the treaty of Unkiar-Skelessi
has delivered to Russia the mouth of the Danube. The na-
tionality of Poland has been annihilated, and one of the ar-
ticles of the treaty of Vienna insolently erased at the point
of the Muscovite sword. All these events have been accom-
plished within ten years without opposition from any of the
great Powers of Europe. Emboldened by this forbearance,
the Russian Cabinet thinks only of pushing to the utmost ex-
tremity the accomplishment of its ambitious projects, and
scarcely takes the trouble of dissembling its inordinate ambi-
tion. Russia, however, has not the absurd pretension to con-
tend against the combined armies of France, England, and
Austria; but she is perfectly aware that all the Governments
of Europe dread the rupture of the existing peace, and she
turns to account the apprehensions of European monarchs,
and the susceptibility of European nations. Her present ob-
ject being the invasion of Persia, the Russian Cabinet wishes
to insure its communications by, the Caucasus, which might
otherwise serve as a rallying-point to the enemies left behind ;
and it is doubtful whether the Circassians will be able to re-
sist the forces which will be brought against them. The last
obstacle will fall before the power of Russia, who will only
have to march upon Teheran. In presence of these facts, it
is difficult to conceive the blindness and inaction of the Cabi-
nets of Europe, but a still more incredible fact is the longna-
nimity, and, in plain terms, the humility of the French
Government. When shall we see at thB helm of state men
less enslaved by party spirit, more solicitous for the honour of
their country, and more capable of comprehending the inte-
rests and the dignity of France?"
The annexed intelligence from Africa includes all
that is of any interest in the French journals :

The 7'oulonnais contains the following artic!e :
" The Phare which left on Monday for Bona could take
only a telegraphic despatch to Gen. Valee, with very laconic
instructions. It scorns that on the 23d, when the news of
the capture of Constantine was received at Paris, the •Coun-
cil of Ministers met, and an express arrived yesterday evening
with despatches, which have been forwarded to Gen. Valee
by the Cerbere.
" It is said that these despatches contain positive orders for
the active division to take up its winter quarters at Constan-
tine, and the corps at Merdjiz Ammar and Ghelma. It was
even said to day, oh the authority of a letter from Pa-
ris, that the Government had pointed out the corps which
should occupy Constantine General Trezel to have the
chief command of Constantine, to keep 300 Tourees, 400 of
the tid Regiment of Light Infantry, 800 of the 17th ditto,
150 regular and 150 irregular Spahies, 630 of the African
Chasseurs, 350 of the free company of Bougia, 400 tirailleurs
of Africa, 600 of the 3 African Battalions, 600 of the En-
gineers, and 1,000 Artillery; effective force of the garrison,
5,250 men.

" Colonel Duvivier to command the fortress of Constantine.

A moveable column of 5,000 men to be organised, which
would protect the friendly tribes against the Bey and his par-
tisans, chastise the tribes that hare not submitted, or are hos-
tile, and serve to escort the convoys which will be sent every
month from Merdjiz Ammar to Constantine. While the gar-
rison is employed in the fortifications of the city, the move-
able columns will take advantage of its leisure moments to
make a free road to the camp and Constantine."
The Illoniteur, dated Thursday, the 2d instant, con-
tains no official article. It gives a letter from Toulon of
the 27th, stating the departure of the Cerbere with des-
patches. It was thought that General Valee would receive
his at Constantine, where he was to wait for the orders of the
Government.

FRENCH FUNDS.—PAnts, Nor. 2.
Five per Cents., 109 f 40c. 5i c. 45c.
Four per Cents., 1001. 45c.
Thr:e per Cents., 81f. Inc. Ir,c
Bank Actions, 2,497 f 50c 2,500 f.
ftente de Naples, 99f. 25c. 20c. 50c. 4Cc.
Boman Five per Cents., 102.3;,
Spanish Actives, 2
Spanish Passives,
Belgian Loan, Five per Cents, 103.
Brussels Society, 1,660 f.
Belgian Bank, 1,47t,f.
E X CHA NOE ON LONDON.
One month, paper, 25f. 50c. • money, 251. 47!,/,c
Three months, paper, 25f. 3&c. ; money, 25% 30%
—Ours Authentioue.
LAST PRICES.
FSV3 per Cents., 109 f. 55c.
Three per Cents. Sif. 15c.
Bank Actions, 2,500 f.
Roman live per Cents., 1024.
Belgian Bank, 1,4700
Brussizls Society, 1,660 E
Miguelites, 11;;,.
Portuguese Three per Cents., 2f.N.
Spanish Actives, VOX.
Spanish Passives
DUTCH FUNDS— AMSTERGASI, OCT. 31.
Money. Bills.
Actual Debt, 214 per Cent
Ditto, ditto 5 per cent.
A lOW t Sv;,dic,4 percent (6-, 114
Ditto, ditto, :3}.• per cent. 7614 76!4
Commercial Company, 4,‘„, per cent 162% 111914
Ditto (1832 and 1833) 5 per cent.
Loan 1836, 4 per cent.
Ditto 1837, 6 per cent.
Exchange on London, One month l2 05
Two months

LITERATURE.

THE DUBLIN RE VIEW. No. 6.
Spooner, London, 1837.

The great defect of this Number is that it is too
restricted in the range of its subjects. Its various
articles are written with skill and temper, and some of
them show very considerable erudition ; but there is far
too much sameness in them. Almost all of them are
of a polemical character, and discuss points of Catholic
doctrine, with the exception of the notices of Pugin's
elaborate work " on Modern and Ancient Ecclesiasti-
cal Architecture," and of some recent " Tours in
Ireland," in the last of which articles, the Reviewer,
after doing justice to the merits of -Mr. Inglis as a
traveller, speaks incidentally of the Irish Protestant
Establishment as follows :
" The worst enemies of the stability of the Irish Church—
a mere political establishment—are those who resist the reform
of its inveterate abuses. No institution, civil or religious,
which is not rooted in the affections of the people, nor cal-
culated to benefit the community at large, can ever be con-
structed on a firm and lasting. basis ; and when the sacred
name of religion is prostituted to serve the purposes of a fac-
tion, to maintain a system of monopoly, and to engender
hatred and prejudice between the professors of different creeds,
even the pretext of the Church being a connecting link be-
tween England and Ireland, will not avail the opponents of
every amelioration relating to the latter country ; their inge-
nious devices are detected, and the people of Ireland—long a
proscribed race in the land of their birth—now that they know
their rights—will no longer submit to persecution and con-
tumely, for the sake of upholding the unholy fabric."
The whole of the Paris Papers of Thursday have
The review of " Ozanam's English Chancellors,"
been received. Of domestic news they contain not a
syllable of any moment. In the political circles consi- is an attempt to rescue the character of the noted
derable excitement was created by the following letter Thomas A'Beckett from the aspersions which Hume
from M. ODILLON BARROT, to the editor of the and many other historians have thrown upon it. The
Siede : - attempt is creditable to the writer, who is clearly a
" Soissoss, OCT 29.—Informing me of the calumnious
Catholic, and is not on the whole unsuccessful. The
construction put upon our conduct in the affair of the Electoral
Committee, you advise me to explain my position and opinions. details of the Saint's murder before the high altar of
Facts ought to explain them sufficiently. Our position has Canterbury cathedral, which are quoted from Ozanam,
not changed. We still desire what we desired in 1830, be-
cause our sentiments then were inspired neither by a blind are full of interest. In the article entitled " The
attachment to persons, ncr by anger, nor hatred, nor interest ; Vaudois," the Reviewer, speaking of their " perse-
but by reason, and a sense of the necessities of the country. cution.s," says, and not without sonic show of justice,
We were in harmony with the instinctive judgment of the
mass; and the experience of the last seven years has that the reproach comes with an ill grace from the
strengthened our convictions. A constitutional monarchy English ultra-Tories with Ireland before their eyes ;
on democratic institutions ; such is our political religion.
and that those whose fathers carried fire and sword into
We trust in it, not as a fact to be tolerated, nor as
a transition to be undergone, but as the only kind Innisfail, to implant there a faith foreign as them-
of Government possible in this country, reconciling the great selves, would have no right to complain, even though
necessities of our social state, viz., the unity of France and
the Dukes of Savoy had in reality with fire and sword
equality. To conciliate monarchy and democracy, and reject
the man who would set them at variance. Such is the aim of resisted -that immigration of outlawed French in the
our efforts ; this is the flag of our constitutional opposition.
twelfth and thirteenth centuries, which bore with
Was the beief and trust in this creed confined to me alone in
the Chamber, I would still support it, conscious that the well- it into Piedmont a new creed in religion as
meaning must finally rally to it. in morals, in social relations, as in civil allegiance.
~
" I deplored the schism in constitutional opposition occa- "
furnishes us with
sioned by the formation of a mixed Committee, which theMontalembert's St. Elizabeth,
Republican paity joined with banners unfolded, preserving some curious particulars respecting this illustrious
its extra legal pretensions, and protesting against ourprtn- i
Saint, who, it app :ars exhibited the purest perfection
ciples. This, however, has not discouraged me. Men whom
love and respect, to whose lofty virtue I shall never cease to do
home e have acted different) from me, not permitting a doubt of Catholic virtu in ;very extreme of life, in the prin-
creosm birthsuandthteobceigeagtairi oanf dfoaulrl within the short duration,
,
that their intentions could by e mistaken. This difference is
fears. She was, the Re-
but passing, and we shall find ourselves again united in de-y
fence of our institutions, and of the guarantees won , viewer tells us, (laughter of a King of Hungary, and
for them in July. They doubt as little of me as Ido of them, after her decease was canonized as a Saint, "at which
or of the unity of our efforts. We have immense difficulties
to overcome, all the evil worked since 1830 to undo, in order ceremony . upwards of a million
tueonrdneedbfyroAmrcablbl
ispialortpss,ofasEsisutreodpebywittheoner
ElpileniripgberoirmodrysiN,varactsi
to complete and consolidate our institutions. I have been
alarmed to see how easily the courtier.spirit, which we all , ,
thought dead, has resuscitated in our country, and how cor-
ruption, not that worked by money, but by favours, is practised derick, who, taking the diadem from his brows, placed
with audacity and impunity. Are we to have another such
it
Als
will could not crown her as my
'ill crown her this day, as a
Chamber as the last, now progressive, now retrograde, oscil-
orensshewrsh,osuaylii::ig, ng:
lating between persons and principles, and serving every p
Ministry without supporting any ? I have no need of uttering Queen immortal in the kingdom of God.' '' Of the
a profession of faith. Those who have chosen me take,. as I ' mup
have done, open, frank, well-defined positions, determined to ;remaining articles, to which we have no time to advert,
resist the encroachment of despotic Ministers, or the subvs-r- the two best are those entitled " Ecclesiastical Archi-
sive attempts front another side. I would neither turn my
tecture" and "Perceval's Peace-offering and Roman
back on my friends, nor on my cause, and you know how little
~
I affect or desire the positron of chief of a party. I merely I Schism.

ROLLS COURT-(THIS DAY).

CALVERT V. LONDON DOCK COMPANY.

This was a bill filed by Mr. Calvert, the administrator of a
gentleman of the name of Laycock, and Mr. Warburton,
sureties of a bond for the performance of an agreement en-
tered into between Mr. Streathcr, now deceased, and the

London Dock Company, and the bill prayed that the bone,
might be declared to be void, and for a perpetual injunction
against the Company suing on the bond. It appeared that
in the month of September 1829, Mr. Robert Streather, an
architect and builder, entered into an agreement with the
London Dock Company to perform the whole of the works
for the formation of an entrance frem the river at Shadwell
into the docks, to he completed within twelve months from
the period of their commencement. Mr. Streather was to
provide the whole of the materials, the price of which
were to be according to a specification annexed to
the contract. He was to have 52,2001. for his work, and
was to appropriate to his own use the materials of certain
houses to be pulled down ; and was to be paid by instalments
upon a certificate of the Engineer of the Company, viz.—three-
fourths of the amount of the works completed every three
months, so that one-fourth of the value of the works completed
was to be retained by the Company until the whole should be
finished. On the7.3d Nov., 1829, Mr. Streather procured the
plaintiffs, Thomas Warburton, and Richard Laycock, de-
ceased, to become his sureties to the Company, and a bond
was accordingly executed, which was to become void on Mr.
Streather performing all the articles contained in the agree-
ment. The works were commenced on the 28th of Decem-
ber, 1829, but not being completed at the end of the twelve-
month, an agreement was entered into, to which the sureties
were parties, that the time should be extended to the 28th
Marti, 1831. The works on the 28th March, 1831, were
still not completed, and the bond, ipso facto, then
became forfeited. Some negotiation then took place as to
the terms on which Mr. Streather should complete the works,
but that negotiation not having been concluded, Mr. Streather
delivered up the materials to the Company, and the Company
completed them. During the progres of the work certain
alterations were made, in consequence of which
.the sum that
would have been payable to Mr. Streather was raised from
52,0001. to 55,931/. 16s. 6J. The expense of the works that
Streather actually performed, according to the valuation con-
tained in the agreement, amounted to 36,4291. 16s. The
Company, in completing the works, expended 18,875/. 3s. 2d. ;
and the whole expense of the works was 55,304/. 19s. 2d.
The Company not only advanced Mr. Streather monies while
the works were going on to the amount of the work he had
done, but considerably beyond it. They advanced him sums
amounting to 48,155/., and besides that paid for bricks to the
amount of 1,464/. On the 21st day of April, 1831,
Mr. Streather became a bankrupt, and his assignees
brought an action against the London Dock Company to re-
cover the value of the materials he had delivered up
to them. It was then proposed that the matters in dispute
between the London Dock Company and the assignees
should be referred to an arbitrator, and the solicitor of the
Company applied to the sureties to know if they would con-
sent to that reference. The answer of the sureties was, that
after what had taken place, they considered they were under no
liability whatever to the Company. A reference was made to
Mr. Creswell, and on the 23d of May, 1833, that gentleman
made his award, by which he found the value of the materials
taken from Mr. Streather was 5,173/. The Company had
advanced to Mr. Streather the sum of 13,190/. more than the
amount of the value of the works he had finished, and, there-
fore, deducting the value of the materials, 5,1731., they claimed
a debt due to them from Mr. Streather of 8,017/., and so the
arbitrator found. The Company then commenced an ac-
tion against the representatives of Mr. Laycock and
against Mr. Warburton, the two sureties ; and the sureties
filed a Bill in Equity against the Company to restrain
them from proceeding with those actions. In their answer to
that bill, the Company stated they had sustained coesiderable
injury in consequence of the works not having been completed
so soon as they ought to have been, and by Mr. Streather hav-
ing injured neighbouring property, which they had had to make
good, and therefore claimed damages. The plaintiffs obtained
an injunction to stay execution, and the actions were tried on
the 20th February, 1836, when the jury found a verdict for
nominal damages. On the 7th March last the case came be-
fore the Master of the Rolls, when the plaintiffs in equity con-
tended that the proceedings between the Company and Mr.
Streather had been such as discharged them from all obliga-
tion. His. Lordship was then of opinion, it was material for
him to know what was the amount of the damage that had
beet, sustained, and therefore ordered the case to stand over
until the Court of King's Bench had pronounced its decision.
On the 9th of June last, the case was argued in the King's
Bench, when a verdict of one shilling damages was ordered
to stand.

Mr. Tierney, Mr. Kindersley, and Mr. Roupell now ap-
peared for the plaintiffs, and claimed the costs that had been
incurred both at law and in equity.
Mr. PEMBERTON resisted the application on the part of the
London Dock Company, contending that his clients were per-
fectly justified in instituting the proceedings they had, and
that the plaintiffs were still indebted to them in a sum of
money that would more than cover the whole of the costs of
the suit. The Learned Gentleman was speaking when we
left.

QUEEN'S BENCH-(THIS DAY.)

(Sittings in Banco.)
THE QUEEN 7% THE OVERSEERS OF CHIPPING,

The ATTORNEY-GENERAL had been instructed to apply for a
rule to show cause why a mandamus should not issue, directed
to the Overseers of the parish of Chipping, in Lancashire,
and commanding them to sign a notice under the statute, the
59th George 111., chap. 12, sec. 24. The object of that Act
was to facilitate the process of obtaining possession of houses
belonging to parishes, and it was thereby enacted that if any
person in the occupation of any houses or tenements belonging
to the parish, such as work-houses or alms-houses, should
refuse to quit when so directed, it would not be necessary to
bring an ejectment—that if notice in writing was served upon
the occupant, requiring him to quit at the expiration of a
month, and that he refused to do so, then he might be sum-
moned before the justices, and the justices were authorized to
make an order underwhich he might be dispossessed accordingly.
It appeared in the present case that a man and his wife were
in possession of the work-house of Chipping, to take charge
of it, and that they had grossly misconducted themselves,
as appeared by the affidavits which he held in his hand.
A vestry meeting had been regularly held on the 7th
August, according to -notice, which was posted in the
church ; and, upon that occasion, by a large majority
the vestry resolved that these persons, having so misconducted
themselves, should be discharged, and ordered to quit the
work-house ; and they came to the resolution that the proper
legal measures should be taken for• the purpose of turning
them out. A notice was accordingly prepared and signed by
the churchwardens, requiring them to quit at the end of a
month. The Act required that the notice should also be signed
by the overseers-, and when they were called upon to do so,
they refused, alleging that the occupants had an estate in the
office. The operation of the Act was consequently nega-
tived, and it could not be carried into effect.
COURT—Have the vestry power by the Act to make an
order on the Overseers?
The ATTORNEY- GENERAL—The workhouse is under the
controul and regulation of the vestry. Their office is deli-
berative, while that of the overseers and churchwardens for
carrying into effect the regulations of the vestry is purely
ministerial.
The COURT, after consulting together for a few minutes,
granted the rule prayed for.

COMMON PLEAS.-(THIS DAY.)

. (Sittings in Banco.)
lIICKS V. THE DUKE OF BEAUFORT.

Mr. Sergeant WILDE said this action was brought to re-
cover the sum of 5001., being the amount of a bill of ex-
change, and the case was tried before Mr. Justice Vaughan
during the sittings in the last term, when a verdict was had
for the defendant, who was the drawer of a bill of exchange;
and he pleaded that he had not had a sufl►cient notice of the
bill till it was dishonoured. The plaintiff relied on a promise
to pay long subsequent to the bill becoming due, which hap-
pened in 1831, and it was_drawn by the present Duke, the

.
Marquis of Worcester, on Lord Foley ; and tha question was,
what was the effect of the promise ? The evidence brought
forward was that of Mr. Ford, a solicitor, into whose pos-
session the bill had been put when it became due ; and on his I
making application to Lord Foley, but without any success,
he repeated the application to the Marquis of Worcester, who
told him that when he would have exhausted his applications
to Lord Foley, he would then pay. It was also proved by
Ford that the defendant showed every disposition to discharge
the debt by authorising him to negotiate an annuity,
out of which the amount of the bill was to be discharged.
The defendant, notwithstanding this, refused to appear at 'the
Insurance Office, and the arrangement consequently fell to the
ground. Upon such evidence, at the trial, he (Mr. Sergeant
Wilde) contended that there had been sufficient evidence of
notice given ; and it also appeared that the bill was nothing
but an accommodation-bill to Lord Foley, who has since that
period died. The summing up of the Leatned Judge was to
the effect, that the Jury should be very careful that notice had
been given before they found a verdict against the defendant ;
and the more particularly, when they considered the circum-
stances under which the bill had been drawn, as well as the
great length of time which the plaintiff had suffered to elapse.
The subsequent promise to pay was evidence that everything
had been properly and accurately executed. In the case of
Lumley v. Robinson, it had beer, laid down by Lord Ellen-
borough, that a promise ought to be considered, in pritna
facie, sufficient evidence of notice ; and, if it was necessary,
several other eases in point might be adduced. Under these
fora
rule circumstances,to he (
show
cause
ulse. Sergeantwh‘ a
new \Vilde), therefore,
trialshould n
ot be moved
hadi
n
this case, on the grounds of misdirection, and that the verdict
vas against the evidence.
Loan CHIEF JUSTICE--Take a rule to show cause.
Rule granted.

• ~
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