The Sun.
London, England, 1837-11-10 00:00:00

CHANCERY COURT.-(THIS DAY)

WEDDERBURN V. WEDDERBURN.
This appeal occupied his Lordship the whole day.

VICE-CHANCERY.-(THIS DAY.)
Motions of no public interest occupied the Court the whole
day.

ROLLS' COURT-(THIS DAY).

COLLINS V. WILSON.

This part-heard case, which arose upon the construction of
a will, occupied the attention of the Master of the Rolls the
entire day.

EXCHEQUER COURT-(THIS DAY.)

The Court rose at eleven o'clock, there being no business
ready for the Learned Judges to proceed with.

BAIL COURT.-(THIS DAY..)

Mr. Justice LITTLEDALE took his seat on the Bench at ten
o'clock, and the Grand Jury was sworn, it being the day ap-
pointed to hold a Grand Inquest of the County at large. His
Lordship in addressing them said, that when the .Grand Jury
brought in the presentments which had been submitted to them
for consideration during the last term, they required of the
Court to be informed what course they should pursue respect-
ing certain subjects which came under their notice, and
amongst others the profanation of the Lord's Day, in cases
where persons had been charged with committing that offence.
It had been stated by several constables to the GraAid Jury, that
they were unable.to execute orders against persons found com-
mitting the offence, and the Grand Jury then claim the assist-
ance of the Court, by issuing an order to put a stop to a
nuisance which caused such excitement and disturbance, and
they wished to be informed if it really was an offence in Com-
mon Law. The practice of constables making presentments
to Grand Juries was of great antiquity, and it was the duty
of such Jury to deliberately consider every topic which was
submitted to them through such a channel, and also such as
might come within their own knowledge and observation, or
by the presentment of the constable; and thereby ascertain
whether it would be the subject of an indictment. In com-
mon law the Court was empowered by the 48th George 111.
to issue a warrant to call upon the party to come into Court
and plead in person ; but this process did not issue by the prcs-
scntment of the constable, but by that of the jury ; and, should
he appear, the cost was only 2s. ; but should he neglect so to
do, it amounted to 18s. 9d., which could not be considered
severe, and was always considered perfectly legal. In cases
where the prosecutor neglected to proceed, the defendant
could give notice of trial, but in cases of presentment it was
difficult to say who was the prosecutor, as the presentment
was a duty which the law cast upon the constable, and should

there be a default the defendant should be acquitted. Hav-
ing said so much on the nature of presentments, he wished to
draw their attention to the subject of profaning the Sabbath.
In 1827 an Act was passed for discontinu►ng the pre-
sentments of high constab!ei on the subject of the Lord's Day.
It enacted that no petty constable or high constable should
in future make presentment against persons for neglecting to
attend divine service, and certain pursuits connected with the
observance of the Sabbath, but there was no mention made of
the profanation of the Lord's-day ;it would, therefore, remain
with the Grand Jury to proceed as usual on such subjects. It
bad been complained that the matter bad been taken up by no
person, and that it therefore proved useless; but the Court
had no power to order a discontinuance of the practice, as it
should take its origin in a higher quarter. With respect W
the question whether Sunday trading was an indictable offence
at common law, his opinion was, that it was no more indict-
able at common law in the present day, than it was 700 years
ago. However, the act of selling on the Lord's-day, and
thereby causing a nuisance, riot, and any obstruction, was
certainly an indictable offence ; but the act of selling, in the
abstract, was not now more than formerly. Hming answered
the questions put to him on these subjects, he had no further
remarks to make, and therefore begged to dismiss them for the
present. His Lordship having disposed of a few motions of
no public interest, proceeded with Nisi Prius cases.