The Sun.
London, England, 1839-01-19 00:00:00

MARTIN V. MRNDERSON

Mr. Sergeant STEPHENS moved to have this case, which
stood in the peremptory paper of the other Court, heard be-
fore his Lordship. The action was brought on a bill of ex-
change, and to the declaration the defendant had pleaded that
the bill having been made in France, and no consideration
stated in it as was required by the law of that country, it was
void. To this plea the plaintiff replied, that although it was
true the bill had been drawn at Boulogne, 3 et still that the law
of France could not apply in this case, inasmuch as the parties
were British subjects, and the bill was accepted and negotiated
in England. The defendant put in a demurrer to this repli-
cation, and as the object of such a proceeding must be delay,
the plaintiff was anxious to have the question settled at once.
Mr. Justice PATTESON said•that be could not take a case out
of the peremptory paper of the other Court ; but if a rule nisi
to set aside the demurrer, on the ground that it wa trifling
and insufficient, would answer the Learned Gentleman's pur-
pose, he might have it.

Mr. Seri-cant STEPHENS said be would avail himself of his
Lordship's suggestion, and accordingly took the proposed rule.

LEWIS v. lIOLT.

Mr. JAMES moved for a writ of certiorari to have the pro-
ceedings in a libel case between these parries, pending at the
Middlesex Sessions, removed into this Court. The ground
upon which hi! made the application was, he said, because the
question at issue was nat only of considerable public importance,
but involved several nice points of law. Mr. Lee, the Coun-
sel on the other side, had consented to the removal provided
the plaintiff would enter into the usual security for costs, which
he was quite willing to do.
The Court granted the rule.

U. THE MARSHALL OF THE QUEEN'S BENCH.
Mr. MAUNSELL moved for a rule to show cause why the
Marshal of the prison of that Court should not be called
upon to answer the matters contained in the affidavits on
which his application was founded. The Learned Gentle.
man said that a party had been confined in the Queen's
Bench prison under mesne process, and had, after the Act
abolishing imprisonment for debt under mesne process came
into operation, obtained the necessary order for his discharge.
Before, however, he was set at liberty, an order had been
obtained from the Chief Justice requiring the Marshall to
produce him for the purpose of being charged in execution ;
but the Marshal declined to obey this order, and the next
day, which was on a Sunday, the prisoner left the prison, end
proceeded at once to Boulogne, where ha was now supposed
to be residing.

Mr. JUSitiCE; PATTESON asked whether the order to produce
the prisoner had been made a rule of Court.
Mr. MaurrsELL replied that it had net until after the prisoner
had left the country. This application was not intended to cast
any blame upon the Marshal, who, in point of fact, was out of
town when the order was served ; but the question intended
to be raised was, whether, under such circurnstaaces, the plain-
tiff, in the execution, was not entitled to a civil remedy for
compensation.
Mr. Justice PATTESON—Then you mean to treat this as a
case of escape ?
Mr. MAUNSELL admitted that constructively this was his
object, although in point of fact, be was ready to absolve the
Marshal from all save pro forma blame. The reluctance of
the Marshal or his officer to obey such an order was natural ;
but the question was, could it be justified.
Mr. Justice PATTESON said he could not at present see how,
according to the facts stated to him, the motion could be put
in any better form, and therefore granted a rule nisi, in ac-
cordance with the terms of the motion.
The Court then proceeded to the trial of Nisi Prius cases.

CONSISTORY COURT, JAN. 18.

JUDGMENT.-SPRY V. THE DIRECTORS AND GUARDIANS OF THE

POOR OF THE PARISH OF ST. MAKYLEBONE.

The Learned JUDGE gave his decision in this case. It is a
suit instituted by the Rev. Dr. Spry, the Rector of St. Mary -
lebone, against the guardians of the poor of that parish for
fees for the interment of paupers in the new burial-ground of
St. Marylebone. The first question for consideration was,
whether the Court had jurisdiction. It appeared from the
authorities in the book that the Ecclesiastical Court had
jurisdiction under certain limitations. It was necessary that
the fees should be customary burial fees due for spiritual
duties actually performed. The fees in question, it is said,
have been paid for a century out of the poor-rates, and were
confirmed by the Chancellor of the diocese in 1703, and
were not refused by the directors and guardians until last
June. According to the plea itself these fees arc not of an-
cient date, and no power exists in the Chancellor of the dio-
cese to create new fees. The Acts of Parliament on which
much reliance was placed in argument give the vestrymen
the power of fixing rates and fees for the new Cemetery; but
if they have not exercised that power it does not follow that
the fees in the old ground are to be the legal fees of the new.
If the Acts are defective in this point the Cdurt cannot supply
the defect. He (the Learned Judge) could not say that any
fees at all legally existed. The remedy would be by manda-
mus to compel the vestrymen to fix the fees. The Act does
not give this Court jurisdiction, nor does it say in what man-
ner payment is to be enforced. He ( Dr. Lushington) would
therefore dismiss the nominee of the directors and guardians
(who were not a Corporation) against whom the payment of
these fees, were they legal, could not be enforced. He must
dismiss the defendants, but would give no costs.

INSOLVENT DEBTORS' COURT, J 4 IV. 18,
IN THE MATTER OF HENRY GOMPERTZ.

Mr. Coomt applied in the case of Mr. Gompertz for fur-
ther time to file his sene- Je; he had been residing within
the rules of the Queen's B:nch Prison for a long period, and
one of his creditors had presented a petition under the com-
pulsory clause, and his estate had - been vested in the provi-
sisional assignee. An application was made on the part of
Mr. Gompertz for a month's time beyond the usual period for
leave to file his schedule. It was stated that it would be of
an enormous size. The application was granted, which had
nearly expired. He (Mr.-Cooke) now applied for further
time. He said he had an affidavit stating that the attorneys
(Messrs. Lewis) had been occupied since December, and had
not completed the document. It had now extended to 240
sides of parchment, consisting of between 1,000 and 2,000
folios, and ten days further time was now asked to arrange
and read over the voluminous proceeding.
The application was granted.

EGYPTIAN HIEROGLYPHICS.--" The author of
Motives to the Study of Biblical Literature," is pre-
paring a course of lectures in which the hidden meaning of
these characters will be developed by an investigation of the
Hebrew of the Pentateuch. When it is considered that
the Israelites sojourned nearly three hundred years in
Egypt, the natural inference is, that their language must
hose been as nearly as poesible identical with that then
spoken in that country, and as the Pentateuch was written
immediately after the Exodus, it presents the nearest ap-
proximation to the language of the time in which these
symbols appear to have been applied to the expression of
ideas. Numerous illustrations from ancient monuments will
render these Lectures highly curious and interesting.
Or, Tuesday night, between seven and eight o'clock,
John Dawson, aged eleven years, in the employ of Messrs.
Chapman and Parks, of No. 51, Union-street, Borough,
thread-manufacturers, while feeding part of the machinery
worked by a steam-engine, had his right hand drawn in be-
tween two cog-wheels, whereby it was to dreadfully crushed
and mutilated, that on his removal to St. Thomas's Hospi-
tal amputation at the wrist was found to be indispensable.
For some time Past the common informers have been
busily engaged in laying information against booksellers, for
vending periodical publications without the printer's name
on the first and last page of the sheet. Several convictions
have taken place, principally at Worship-street police-office,
and several of the defendants having determined not to pay
the fine of .5/. inflicted by the Magistrates, distress warrants
have been issued against their goads.
still liable to the objection preferred, and it is upon these
that the informations are laid. ouds. Back numbers arc