The Sun.
London, England, 1839-01-16 00:00:00

HARDMAN U. ELLAMEd

The object of this suit is to procure the assistance of a, Court
of Equity tor the removal of a bar to an action of ejectment,
for the recovery of the estate of Allerton, in Lancashire. The
Case was opened before the holidays, and again partly argued
yesterday.

Mr. \VIGRA/4 and Mr. BOOTH were to-day heard on the part
of the defendant. Mr. SHARPE appeared for a defendant
against whom no case had been made, and claimed his costs.
Mr. BRUCE having replied,
The LORD CHANCELLOR directed the papers in the cause to
be handed up, and postponed his judgment.

ROLLS' COURT, Jay. 15.
IN RR RUGBY SCHOOL.

Mr. KINDERSLET appeared inthis case in behalf of the trus-
tees, and Dr. Arnold against the petition. He contended
that the Court had no jurisdiction under the Act of Parlia-
ment to make the order now prayed for. The trustees had
done everything in their power to promote the interests of the
charity, and he was glad that no imputation had been cast
upon their conduct. He submitted that the petition must be
discharged.
His Lordship, the Mssrzit of the ROLLS, had read the affi-
davits, but he would look at them again before giving his deci.
sion. The principle of the Court in these cases was, that if
a benefit were given to strangers, that a greater benefit still
should be given to the objects of the charity.

BAIL COURT, .141 r. 14.
THE QUEEN V. HARVEY.

Sir W. For,Larr moved for a quo warranto against Mr.
Harvey, to show by what authority he exercises the office of
Town Councillor of the Borough of Liverpool. The ques-
tion turned on the construction of some of the clauses in the
Municipal Act, and the Acts pessed to amend it. The l Sth
and 4sd sections o f the sth and 6th Wm. 4, c. 16, provided
for the revision of the lists by the Mayor and Assessors. The
15th section of the Ist Victoria, provided that no burgess
should be eligible to be elected to the office of councillor while
holding the office of assessor. Mr. Harvey was elected asses-
sor, and some persons applied to him to stand for the office of
councillor. The consequence of which was, that he offered
himself as a candidate for the ward of which he was the as-
sessor. After the publication of this address he revised the
constituency of the ward as assessor, and, previous to his elec-
tion, resigned the office of assessor. Under one of the clauses
of the let Victoria, he claimed a right to resign his
office, and did so; and, having sent in his resignation, was
elected councillor. He ( Sir W. Follett) submitted that this was
a egg 4s 410 .P f,tdw.hrkc.ctep 814 apsuirkg.be.4- t4„th?„Eawefjp re-
power to resign was in the 6th and 7th William
,an;;
office which he held was regulated by the Isl. which
pointed out the mode of election, and directed that the person
holding it should not be eligible to the office of Councillor at
all. He submitted that it never could be the intention of the
Lc'gislature that a party should revise his own electors, and
then, having done so, formally resign his office.
Mr. Justice PATTESON inquired if merely sending in the re-
signation, and offering to pay the fine, was sufficient to put
him out of office without any acceptance?
Sir W. FOLLETT apprehended not,. It did not appear on
the affidavit how the fact was; but it was not unlikely it should
be accepted, as they were of the same party.
Mr. Justice PArrasoN—Take a rule to show cause.

COURT OF COMMON PLEAS, J. 15.
DB PINNA V. CARROL, KNIGHT, AND MONTEPIORIS, KNIGHT,
This was an action against the Sheriffs of London for a
false return of nalla bona, which was tried in London at the
sittings after last Term, when a verdict passed for the plaintiff.
It appeared that a writ of fieri facias had been issued at the
suit of the plaintiff against Captain Polhill. The plaintiff
now complained of the return to that execution, and in support
of his case proved that Captain Polhill had been part proprie-
tor of the Age newspaper. The answer on the part of the
defendant was, that Captain Polhill had transferred his share
in the Age to Mr. Friswell, his attorney; but it appeared that
Captain Polhill had received after that assignment either the
whole or a part of the dividends which became due ; and upon
that circumstance the defendants relied in support of their case
that this was a colourable transfer.

Mr. Sergeant TALFOURD to-day moved for a rule nisi for a
new trial, on the ground that the verdict was against evidence.
The COURT granted a rule to show came.

POLICE INTELLI GENCE.

Q UEEN- S Q UA RE.
On Monday Maria Owen, a young woman well-known to
the police as an utterer of base coin, was placed at the bar,
charged with attempting to pass a counterfeit half-crown.
The NIAGISTRATES deeming tl e evidence insufficient in this
and another charge preferred against her, discharged the
prisoner.