The Sun.
London, England, 1830-01-28 00:00:00

LAW INTELLIGENCE.-(THIS DAY).

COURT OF KING'S BENCH.
The Court this morning heard arguments in special
,"1, none of which possessed the least public interest, re-
'Sting entirely to dry questions of law.

COURT OF COMNION PLEAS.
The CHIEF JUSTICE, Mr. Justice GAZELEE, and Mr.
'll4stine PARK, took their seats on the Bench at a quarter
after ten o'clock ; we were glad to see Mr. Justice Park
10 far recovered from his late accident, as enabled him to
tebume his official duties. If we were to judge from his
appearance, he seemed to have suffered much during hi■
short confinement.
XEY AND OTHER ASSIGNEES OF SHERWIN U. COOWWIN.

Mr. Serjeant TADDY said, that this ease was tried be-
fore the Lord Chief Justice and Mr. Justice Gazelee, it
Was a bankrupt case, and there was a verdict found for
the defendant. He now moved for a rule to show cause
Why there should not be a new trial, the act of bank-
ruptcy was proved. He proposed to read the depositions
at evidence, first by the authority of the clause
in the new Bankrupt Act of the 6th of George IV.,
section
92, his Learned Friend opposed to him ex-
pressed great surprise at his snaking this attempt, because,
he said, that the point was decided before by this Court.
-"is Learned Friend, he believed, had taken some note of
the ease, he (Serjeant Taddy) merely spoke from his re-
collection, but he had then been furnished with a note of
What really occurred at the former case, which his Learned
riend alluded to. This report was then in course of be-
ing printed. By it he (Serjeant Taddy) found that his re-
collection was quite correct, which was, that instead of it
being the unanimous decision of this Court that the depo-
sitions could not be admitted as evidence, the fact was
that the Judges refused to give any opinion whatever
Int the subject. The case was tried in Hilary Term,
1829. The question between them was this, he wished
to prove his case by the reading of the depositions, which
Were disputed as evidence.
The CHIEF Jusztee said, he recollected that it was
by
as-
serted
, the Court on the 9th of February, 1829, that
the 92d section of the 6th of George IV. was held to be
Prospective, and not retrospective.
Mr. Serjeant TAnDY said, that the Learned Judge did
not really express himself so, but that he altogether de-
clined to give any opinion on the subject whatever. The
Act alluded to was passed in 1825, arid took effect from
the Ist September.—(Here the Learned Serjeant read the
Act, which he maintained was quite favourable to the ad-
missal of such evidence, and that the Act of the sth of
George H. was repealed from the passing of that Act of
George IV.)—This last Act obliged a bankrupt to
~give a notice within two months after adjudication, if
"e intended to dispute the commission of bankruptcy,
sod that the deposition would be allowable as evidence.
This Act applied to all actions in law and suits in equity
brought by assignees of bankrupts ; and he maintained
that there was nothing to prevent its application to suits
actually pending at the tine this Act was passed, as was
the fact in the present case—for the commission was is-
sued in 1822, but the Act was not passed until 1825.
It was not necessary for him to contend that the Act had a
retrospective observation; he merely contended that the
Act regarded actually existing commissions. If the Court
would connect the 92d section of Geo, IV. with the pre-
ceding sections, 91 and 90, he thought it would throw a
light and additional information upon the present subject ;
they applied to actions brought against assignees, to coin.
missions generally, and to suits in equity generally. The
Principal argument against him was from the circum-
stance of the bankrupt not having given notice within
the two calendar months after the adjudication that be in-
tended to dispute it; but in the present case, as the com-
mission issued in 1822, and the Act requiring such notice
was not proposed until 1825, there was nothing to oblige
him to give that notice within the two months. This
was an action brought by the assignees
against a third person : there
was.. gesantemtheorf t
pl' e bankrupts
of his argument contained in a clause ofilintltie in
sth favour
of
George 11., 41st sec. chap. 30, which stated that such'
depositions would be allowable, as evidence ins ase of the
death of the principal witness ; now they had proved the
death of such witness, and he therefore was acting accord-
ing to the meaning of such statute in offering such depo-
sitions as evidence. He (Serjeant Taddy) also moved on
a second point, and upon the grounds that the case had
not been submitted to the Jury in the manner which it
ought, and he contended that the finding of the Jury was
directly contrary to evidence in one respect, namely, that
there was decided and undisputed proof that there were
two acts of bankruptcy committed, (here the Learned
Serjeant recapitulated such evidence as was necessary to
sustain this last argument), he thought his Lordship did
not explain this fact to the Jury among the mass of other
Matter which he went through.
Mr. Justice Parts—Why, Mr. Serjeant Taddy, sure
Your reply then ought to have been sufficient to convince
the Jury.
Mr. Serjeant TADDY-011, my Lord, I wished that
every person thought as much of what I said as your
Lordship.
The CHIEF JUSTICE said that this case stood in a very
Peculiar situation, there were two trials had, and the
verdict of one of them was fur the defendant. It was
quite manifest that there must be a new trial, for he
4ntt:eught that the bankruptcy had not been exactly proved.
41 parties must now enter into a rule, and to save ex-
rites their argument must be confined to the point of
; and the decision on that shall decide all.

INSOLVENT DEBTORS' COURT.
TUE BANKRUPT LAWS V. THE INSOLVENT LAWS.
George and Jeremiah Graves, father and son, late in
copartnership at Norwich, came up to be discharged, no
person opposing their application.
It appeared that both the insolvents were declared bank-
"'Pt' In May last, at which time they owed between
11,000/. and 7 0001. ; they had passed their last examina-
tion, and given up all their property, amounting to
1,400/. ; they hail not, however, obtained their certificate,
and as their creditors had not proved under the commis-
sion, they were afterwards arrested, and were obliged to
Come up to this Court to seek to be discharged from all
their debts, including those which hail been proved under
the commission.
The CHIEF COMMISSIONER declared the petitioners en-
titled to the relief they sought for, arid then adverted to
the contrast between the Bankrupt Laws and the Insolvent
4et. It frequently happened, that notwithstanding a per-
!co had been a baekrept, he was still (if he had not got
certificate) liable to be arrested, and upon his coming to
tins Court it then appeared that all the bankrupt's property
had been given up to the assignees, arid a dividend declared,
so that there could be no assets when he came before this
"oZrrt. It was then said that an insolvent had no assets
the
he came before this Court, without adverting to
`"e fact that all the property was under the commission,
Slid of which they might have had their share, had they
Proved their debts.
AIL Coo (the insolvent's Counsel) quite agreed with
t" Learned Commissioner's observations, and also that
up' it was often complained of that no assets were
given up to the Court by insolvent debtors, the public
Were not aware of the extent of dividends made nut of the
°states after the debtors had been discharged by the Court.

The unfavourable reports and anxious inqui-
ries that pervaded all ranks here at the beginning of last
week, induced us to communicate the information we re-
ceived as we were going to press, on the subject of his
11AJEsTv's health. The statement we then made neither
dtnied nor affirmed any previous indisposition of his 31A-
ji'STr. We have now the happiness of repeat that the King,
thank God !
,is well.—Briyhton Gazette.

A Cabinet Council was held at four o'clock
YElterday afternoon, at the Foreign-office, which was at-
t'llded by the LORD CHANCELLOR, the Duke of WELLING-
-1", Earls 13Aniunsr, ROSSLYN, and ABERDEEN, Via-
;;lNlat MELVILLE, Lord ELLENBOROUGH, Mr. Secretary
t el., Sir G. MURRAY, the CHANCELLOR of the Ex-
"Rwuß, and Mr. lixitaiEs.

IMPORTED. 1 EXPORTED.
~..---A-----, .
Same pc- I Previo-
This
riod last ly th.s
year. year. I year.
Bags, &c. Bags, &c. Bags, &c. Bags, &c.
Liverpool 8,290 29,354 ' 1,64.7
London
Glasgow
1,260 87

G lasgow
Total expo!
Same pet ioc

-760
1,260
ted in 1S ;:n
i 1929

2,129.
312.

MPORTANT ADMINISTRATION OF THE

POOR LAWS.

(PROM A CORRESPONDENT.)

When energizing objects men pursue,l
18 hat are the prodigies they cannot do?
. . .

This distich of Dr. 13u01's was never more exemplified
than in the perseverance shown by Wm. Clarkson, Esq.,
of Baldoch, who has for seven years pursued a remedy to
improve the equitable collection of the Poor Rates, and the
general management of that parish against a host of oppo-
sition arising, as is now candidly acknowledged, from a
misconception of the good contemplated. The decisions of
the Quarter Sessions respecting the rates, and that of the
Judges of the Court of King's Bench, relating to the illega-
lity of the Overseers' accounts, have been repot ted. It will,
perhaps, surprise many of our readers to hear of the fa-
vourable results to the parishioners; for previous to Mr.
Clarkson commencing, in 1823, this Herculean work,
made so by the injudicious and intemperate opposition
given to it, there were thirteen and fourteen rates
yearly at one shilling in the pound, both unequally and
informally made, and which lie has for some time past re-
duced to ten at eightpence ; and what is still more gratify-
ing to the parishioners is, that be has just now negotiated
an ageeement, so as to give employment to able paupers,
and fix the maximum of the expenditure, which will only
require ten rates at sixpence, or twelve at fivepence in the
pound, instead of as formerly, thirteen at one shilling. This
parish is still capable of some farther improvement by a
snore accurate equalization, which will, no doubt, be cheer-
fully acceded to, since the parties have already saved consi-
derably, and will hereafter Reap greater benefit, not only in
a pecuniary point, but also by safety and comfort. We
state these facts, to shew the practicability of other parishes
reaping similar benefit by an equal levying of the rates,
which stimulates to industry the influential, and by a
frugal appropriation of the funds to those only who are
really in want. We, therefore, conclude, by saying, "Go
and do likewise."

FASHIONABLE INTELLIGENCE.

LITERATURE.

LIVES OF BRITISH PAINTERS.—VoL. 11.

Mr. Allan Cunningham will do himself more
credit by these admirable biographical sketches
of many of our most eminent painters, than by
all the imaginative romances that he has ever
written, or probably ever will write. In his fic-
tions, fancy is so mixed up with absurdity, and
is so utterly without keeping or consistency,—
the tamest probabilities being mixed up with the
wildest and most perplexing impossibilities—that
the reader's judgment is perpetually outraged.
In his Memoirs of the Painters Mr. Cunning-
ham nobly redeems his character as a literary
To the good taste and healthy judg-
ment of a professed connoisseur, he adds
;he fine impassioned apprehension of the
poet. His style too is so easy, so full of
strength and muscle, and vitality—resembling in
its natural flow the familiar but delightful
eloquence of Southey—that it is impossible to
peruse it without interest. But in addition to
the charm of style, the present volume abounds
in anecdote and criticism, and is altogether one
of the most attractive specimens of biography
we have ever read. We have given extracts in
another column, and shall give more from time
to time, as circumstances may permit. The
plates alone are worth double the price of the
volume : they are admirable.

man.

DODDRIDGE'S CORRESPONDENCE. Two VoLs
LONDON, 1829.

This book well deserves the success, we un-
derstand, it has met with. It comprises the
memoirs, the literary and religious opinions,
accounts of some few of the cotemporaries, to-
gether with a vast number of letters--many of
them on the subject of that delicate department
of the fine arts, love—of one of the most zea-
lous, accomplished, and persuasive non-con-
formist Divines that England has ever known.
Dr. Doddridge, though he died at the compa-
ratively early age of forty-nine, had already done
enough to keep his name alive in the grateful
recollection of posterity. Lively and affable in
disposition, rich in accumulated stores of infor-
mation, a warm-hearted friend, an eloquent,
charitable, and comprehensive inculcator of reli-
gious truth, he drew towards him all hearts, and
extorted the resper:t of even that fastidious and,
but too often, intolerant moralist, Dr. Johnson—
the Coryphceus of the high church laity. Such
was Philip Doddridge, whose memoirs, as penned
by his great grandson, the editor of the inte-
resting and instructive volumes before us—can-
not be too often or too attentively perused.