The Sun.
London, England, 1830-11-05 00:00:00

LAW INTELLIGENCE.- (THIS DAY.)

ROLLS COURT.
This being the brat day of hi. Hououtt's sitting after
the long vacation, the Court took petitions as 1.41111.-
I'HE OUEAT WILL CAUSE..—TATHASt V. WEIGHT.
Sometime previous to the commencement of the long
vacation, an application was made to the Ulmer of the
Rolls, in order to induce his Honour to sppply f,r the learned
fudge's notes of the trial that took place in this cause.
Upon that application the Court adopted the cour.e sup-
4"P‘ted by the parties ; and after some tionsidcral.le interval
4444itted the notes from the Learned Judge, but such
was their extreme length, that it was impostif.le for
his Honour, together with his other duties, to wade
through such an immense mass of writing before
the long vacation, and the parties finally dettrmined,
in consequence of the suggestion of the Com t, that the ap-
plication for the new trial should he postponed till No.
vember

hi* Homma, on coming into couit this day informed
the parties that he had read every word of the evidence,
and of the summing up of the Learned Judgit, and
was quite prepared to hear Counsel on any day that was
most convenient to them.

Mr. Ihoritnamrat believed it was the understanding of
all parties that the application should be made nn Monday
nlit, as that day would snit the eonvenienre of the'gen-
denten of the Common Law Bar (Mr. Brougham and
Mr. Pollock) who had so attend.
Ilk Ilowoua expressed his willingnetra in etwicur in this
arrangement, and appointed Monday next for proceeding
with the case.
The COURT disposed of between twenty and thirty pe-
titions, possessing► no public interest.
Ilia Holtoon, in the course of the morning, intimated
his Intention of bitting in future at ten, imam(' of eleven
o'clock.

ANCELLOR'S COURT.
The Court proceeded wi►h bankrupt petirimis today.
but no cue of importance came before his Honour Keeton.,
to nor Reporter leaving.

COURT OF KIND'S BENCH,.
rI.UCCNXTS V. JONES.
Mr. DENMAN (with whom was Mr. KILVO stated,
that this Was an *Mon to recover the sum of 781. against
the defendant, the Marshal of the King's Reneim reison,
for suffering the escape of a person, mune Treble, who had
been a prisoner at the suit of the pleiutiff. The I earned
Counsel stated, that the present action was brought, under
the 27th section of an Act of Parliament passed iu the
Bth soil 9th years of the reign of King William 111, end
which section enacted, ‘. that if a notice IVAN given in
writing, signed by the plaintiff or his attorney, to the
musket of the King's Bench, or Warden of the Fleet, de-
manding to see the body of a prisoner, if after smelt
notice had been given, the ptisoner teas not produced
within twenty-four hours afterwards, then it 'a us to be
considered an escape, and the Gueet nor of the pru.on was
liable to the debt and costs of action." In the preseet ease
the Marshal had permitted an escape contra:), to the sta-
tute ; a peroon named Treble was committed to the King's
Bench on the '}llth of June, 1825, he subsequently applied
to be discharged under the Lords' %et but the plaintiff,
who was his judgment creditor, opposed his discharge, and
upon entering into security to pay tis. 6d. a week, Treble
was ordered bark into confinement; he was, however, ad-
mitted the rules. On the 12th February, 1828, the plain.
tiff produced a notice to the Marshal, signed by Mr.
Tooke, the plaintiff's attorney, requesting to see within
tteente4our hours the body of Treble. When be
presented this notice, he was informed thut Treble
could not be produced, as be (the plaintiff) bad not
been regui ir iu his payment of the sixpences, ami,thelefore
it was not known where be (Treble) had gone to, The
defendant had put in several pleas of his not heitio liable.
Evidence was produced of the notice being preeented to
the Marshal. It tinned out, however, on the crisps-
examination that that notice was signed by Mr. Tooke,
the plaintiff's presort ettotney, but who was not the a'-
torney in the suit against Treble.
Mr. Castraxee, for the defendant, submitted that the
action could not be sustained, as the notice was irregular.
It was sigue.l by Tooke, as attorney fin the plaintiff, when
the attorney on the record in the action agrenst Treble was
Dolman ; and it could not be supposed that the Mu: sled
was to be required to show a prisoner to any stranger that
might choose to call.
Mr. DENMAN replied to the objection, and contended
that, after 24. home notice, in seating, the Marshal sear
bound to produce a prisoner; anti the Act did net say
that the notice should be signed by any particular indi•
Lord Theme:it re said the point was quite a new one
he would therefore reserve it fur the eonsideretion of the
Court,
Mr. Caster:sm. then admire:AM the Jury for the de-
fendant, and stterWardS railed evidence to show that the
plaintiff had agreed to take ROL from Treble, as a compro-
mists of the debt, and that in consequeuee of thin
agreement he to:elected to pay the sixpeni'ee, but
afterwards, finding he veuld not get the 201, he
called at the prison and wiNhed to pay the arrears, but it
was refused on the ground that it wss inn then known
where Treble was. The plaintiff replied that he knew very
well where he was, but he would :sot tell. It was also
'hewn that between the time of Treble being committed
to prison and the present action being brought, the plain-
tiff had himself become a baukrupt, sod he (the Learned
Counsel) contended, timelne, that if there Iv a% any
claim against the Marshal, it must be at the suit of the
plaintiff's assignees.
Mr. Dgestast was about to reply, when
Lord Tasereasseft said the point was, whether or not
at the time the plaintiff stated that be know were Treble
wee, but would not tell, it did not exonerate the Mershel
final his liability. If he had been confined within the
walls, no doubt, If the sixpences had not been regnlamly
paid, time Marshal would have requires! a Judge's order
for the discharge of the prisoner; but as its this rase
Treble hail been admitted to the rules, he had nothing to
do when he found the money was nut paid than to walk
away. He would, however, reserve the points for the cop.
sideretion of the Court.
Mr. DENMAN then said he would submit to a unnauit.
A nonsuit was accordingly returned.
Lord Tammuz( observed, that it was his opinion
that the notice to see a prisoner must be signet! by the
plaintiff's attorney to the action on which tip: primmer WaN
confined, for if the Marshal was to he called on to produce
a prisoner at every notice given by a stranger, it would
lead tothe greatest inconvenience,.
His Lordship rose at one o'clock, to attend the KinCa
Court,

DItEADFUi-eoWFaiiii-TIONS IN
SUSSEX.

(From the Second Edition Of the .DriOlom Garet
Gazetto-011ice, Thurifixy
We regret to lento that the incendiaries have commenced
their work of devastation in thin county. Last night the
barns and premises of the Overseer at Battle were set on
lire, mid property to a large amount tittstro7ell,
Our informant states that the poor of Bode have re-
ceived from the parish Irani der to Ss. per week.
Some days hack they made a forttig; demand of 12a., at.
!eating as their spokesman a tan known as a
)tarticaltrly
honest and industtioue 'entracter. They then threatened
if money wets not Ives them they would take it.
The constable being afierwaids sent to tithe the spoke*.
Man into custody, was told that he should be forthcoming
hefort the Magistrate; and accordingly they accompanied
him, to the number of more than 00, to Sir Godfrey
Webster. They had provided clubs in their houses, cud
were fully determined to rescue him, if he hell heen com-
mitted. Scouts were also stationed to give notice, if
necessary, to the surrounding villages.
Subsequently to this, a letter was sent to the Overseer,
tirresteniag that if their demands were not tantipliesi with,
his premises should be grad, anti this threat was put in
execution last sight.
We regret to add that Our informant saw last night from
liattha nu lets than rem lire*, three ul them very distinctly.

THE NEV STATie lAVEIIIES OF TIM
Do,, or cumneimAND.—Te add to the oplendid Pageant
on the 9th of November, it is the intention u the Duke
and Duchess of Custarsta.a No to proceed in state with
their Maas:arras to Cluillll4. Two splendid carriage*
have been prepared by Messrs. Aflame and Hooran, ht
the Haymarket, the Duke's coschmsketst, entirely under
his Royal fligltnessis inspection. The new liveries, which
have been made by 111 r. Banana, iu are truly
maymificerit, The coat is one inuei of phi lace, entirely
coneesliog the cloth ; the waistcoat is of blue kerseymere
4nd gold, and the breeches are of erhnson plush. The bars
are making by Cavett, of Pstl•ntelli end correspond iu ele-
gance and taste with the liretiea. The Duke has portioes'
two seta of beautiful grey* fur the occasion, end niaguiti»
cent barrios is inakinf at Cum's, Eit,t. The
ailluviettru tin the liveries are estreately handsome, which,
together with the lace, have !trees manufactured by Last-
biax, Regent-etreet.
It 18 conjecture 4 Outi Dr. Pilitaa.wr r 'will
nhid ot be permitted vx hold Ms great livings and deanery iv
ittt
Bitilmitiww•t4,4l# Gun* Ciironidet