The Sun.
London, England, 1837-01-28 00:00:00

COMMON PLEAS.-(THIS DAY.)

PLATELL AND WILKINSON U. CLARKE AND 01111 s,
Mr. Sergeant WILDE obt;iined a rule in this a ate, on a former
day, calling upon the plaintiffs, who are ottornies, to show cause
why their bill of costs should nut U.> 'referred to the Prothono-
tary of this Court to bi: faxed, /and Mr. Butt appeared
to-day, to show against this rule. The facts were
shortly these plaintiffs were employed by the de-
fendanta to carry on an action of ejectment, and also to draw
up a deed of conveyance, The delendimts advanced a sum
of 1001. to cuable the plaintiffs to bring the action. Two
sepaiaW suites of 201. each were returned, leaving a sum of
01. in the plaintiffs' hands. The action of ejectment Was
brought in the Court of King's Bench; but the bill had not
yet been taxed. The action was subsequently brought by the
plaintiffs in this Court to recover the sum of 28/., being the
amount of the expenses of a conveyance executed for the de-
fendants. It was now contended on the pert of the defendants
that the sum of 60/. paid by thorn to the plaintiffs was more
than sufficient to pay toe plaintiffs' bill, after it should have been
;a4atlior With the amount of the conveyance far which
the action was brought in this Court ; and they therefore ob-
tained a rule, calling upon the plaintiff* tp,*lLmi cause why the
bill of costs for the action in the (_IP itiing's Bench should
not be taxed previo'olx the present action being brought.
It was aii4ll,E4 'Otis TOO that cause was shown to-day.
ocwv. directed the action in this Court to be sua-
pi•wled, in order that the parties might have an opl;;;4•tonity of
going before the Master, to tax the costs. a the action of
ejectment in the Court of King's 11,0.001.

KTlNq'. 43i NCH.-(THIS DAY.)
(iiiiirkip in BanCO.)

KiNQ -ti-11(0ft iNTD BURGESSES OF THE BOROUGI

OF OXFOhD.

In this case a rule had been obtained, callinzi peso the
Aldermen and Burgesses of the borough el Oxford to show
cause why a mandawus should not issue, directed to them,
and requiring them to receive Mr. John Towne into the place
4", d ouice of a Councillor of the said borough.
The ATTORNEY-GENERAL now appeared to show cads°
against the rule. The facts, which were hriehy as follows,
were not disputed :---Mr. John Tcwue was elected a Coun-
cillor in January, lB3d--41to city was divided into five wards,
and there IMP-five Councillors for each ward. Mv, Towne
would have been entitled if he had remained defy qualified to
serve as Councillor until Nov., lµ tip, was on the burgess
list when elected in 18.1 t, and 1:19, oi*e.tiOP, WAS then made to
him, but when the lit'Ats wevorttede up in September his name was
not upon the list. it was nCit rcturned by the overseer to the
Olerit---it was oat upon the list that was stuck up under
the provisiena e? the Act of Parliament ; he made no elaim ;
the revision took place on the 4th of October, tend the list was
finally made up without Mr. Towne,a name being included in
it. The Mayor, Mr. Metier, acaordingly published a notice for
the dectigil of t too C3ouncillors for the south ward, in the vi,orn
ei the two who went out by rotation, and a third in the room
of Mr. Towne. The election took Nov. 1, and Mr.
Day was elected in the room of Mr. Towne. In the present case
he was happy to ;aerie their Lordships there was no patited
feeling or any party prejudices, and they should Itwie nothing
of Conservatives or Liberals, and the point relied upon by
his Learned Friend on the othott aide was, that although Mr.
Towne was not in the burgess-roll, he was entitled to be
epon it i that he had never forfeited his right to be a Coun-
cillor, and that he has continued to be QUO from the
time of the election in 15`44 to the present. When the
present Mayor C4IIIP lgtp Ace in November he found
the CotiPilil 4114 Mr. Towne having presented him
self, and claimed a right to vote, the Ma or naturally
refused to allow him, the full nomtee of Councillors
being already present. Under these circumstances Mr. Towne
came to that Court, and applied for a mandamus. Now he
(the AttGrney-General) submitted that Mr. Towne had ceased
to be eligible to be elected a Councillor,.---that Mr. Day's elec-
tion had been regular and legal, and therefore he was not On:
titled to the rule prayed for. The Learned Counsel here re-
ferred to the several sections of the Act whinh bore upon the
present point, and concluded by praying that the rule might
be discharged.
Mr. Amos followed on the same side.

Mr. BINGHAM was heard in support of the rule. His argu-
ments were chiefly directed to show that Mr. Towne had never
ceased to be a councillor, and therefore the election of Mr.
Day was void.
.Mr. Justice WILLIAMS observed that the arguments of the
Learned Counsel in support of the rule were directed to show
that the party applying was actually in the office at the present
time, and if that were so, there was no necessity for the present
rule, which therefore must be discharged.—Rule discharged.

BAIL COURT.

THE KING V. THE MASTER AND FELLOWS OF PETERHOCSE

COLLEGE, CASIDRIDGE.

Mr. WORTLEY said the Court might recollect that in this
case he obtained some time ago a rule for a mandamus, calling
upon the defendants to admit a certain person to a Fellowship
of the College then vacant. Upon this the nominee of the
patron, on whose behalf he moved, went down to Cambridge
and served the order on the Master, who said there was no
objection to admit him ; but it was proposed to examine him
generally in every branch of literature and science. He did
not wish to submit to this condition—he returned to town and
gave back the writ of mandamus to the Patron. The College
said there would be no advantage taken of this, and they of-
fered to .admit any other person properly qualified, who should
be presented•to them. A new candidate, an A.B. of Oxford,
was accordingly found ; but upon goinr, down he was informed
that there was a counter claimant, who had obtained a rule
Nisi fora mandamus to admit him. The present application
was to change the name in the first mandamus, and have the
question of right tried when cause was shown in the other
Court.

Mr. Justice PATTESON said he would be unwilling to change
the name in the writ in the absence of other parties, but he
should grant a rule Nisi for a new mandamus.
Mr. WORTLEY said that would be the more expensive mode
of proceeding : however, he would take the rule.
His Loansnir then proceeded to try undefended causes at
Nisi Prius.

EXCHEQUER COURT.-(THIS DAY.)

EX PARTE PERRIN.
Sir WILLIAM FOLLETT moved for a rule, calling upon the
Attorney-General to come in and show cause why a petition
of right in the above case should not be put on the files of the
Court ; and that he should either admit or deny its allega-
tions. The Learned Gentleman said Mr. Perrin had found
out a very important improvement in making anchors, for
which he applied for and obtained a patent ; but as the im-
provement was one very likely to be of service to the King, a
clause was inserted in the patent which was not usually found
in- them—it 'was to the effect, that Mr. Perrin should supply
the various dockyards with anchors, the remuneration for which
was to be settled by the Lords Commissioners of the Admi-
ralty. The improved anchors were much approved of and
extensively used in the service ; but instead cf making the
anchors, at the request of the Lords Commissioners of the
Admiralty, Mr. Perrin went to the several dock-yards, and
instructed the officers in the making of the improved anchors.
For so doing Mr. Perrin applied to the Lords Commissioners
of the Admiralty to fix what compensation he was entitled to
for so doing. They used his patent very extensively after he
had so instructed their own men in the making, but they re-
fused to make any compensation to Mr. Perrin ; and upon the
ground that because he had been a clerk in the Navy
Office, and had served the full time that was requi-
site according to the Act of Parliament, he was super-
annuated upon a pension. The Lords Commissioners therefore
thought his whole time and talent was at the service of the
Crown. He ( Sir William Follett) made a motion in the
King's Bench for a mandamus to compel the Lords Commis-
sioners to award compensation, but the Court had decided, and
be thought very properly, that as they were the servants of
the King, and acting for him, the King, through his Bench,
could not order them to do any certain thing. There was, then,
no other course left to Mr. Perrin than to present a petition of
right, which under our laws every subject had a right
to do. Mr. Perrin presented a petition, which y
onehad
been signed by his Majesty, and countersigned by
of the principal Secretaries of State. The course, then,
to be pursued, was to have that petition put upon the
file of any Court, and to serve a rule upon the At-
torney- General, who would then come in and either admit the
facts of the petition, in which ease the Court would settle upon
the point of law between the parties, or he would deny them,
in which event it would become the duty of the Court to order
an inquisition. He had not had time to look into the autho-
rities upon the subject ; but his learned friend Mr. Watson,
who was with him, had done so, and he found the practice to
be as he had stated it.—Rule granted.

Lord Canterbury is daily expected to arrive in town
from Paris, to attend the meeting of Parliament. His
Lordship will sojourn in the first instance at an hotel.
HERA LDRY.—The twelfth edition of " Clarke's In-
troduction to Heraldry," very materially improved, with
upwards of a thousand engraved examples, including the
arms of numerous families, is now on sale, price 205., with
plates correctly coloured, 9s. plain ; and 12s. on p
pre-
pared for learners to colour. A new, enlarged, ar d
im-
proved edition of " Elven's Heraldry of Crests," with the
blazonry of all bearings, a list
of mottoes, &e., &c., is now
in preparation, to be entitled " The Book of Family
Crests." Any crests and mottos transmitted, free of ex-
pense, to the Editor, at Mr. Washbourne's, 48, Salisbury-
square, will receive attention, and be inserted in the work.
Subscribers' names will also be received by all booksellers ;
price not to exceed one guinea.
A Frankfort paper states, that the Hungarian Count
Belesmay, who was sentenced to death (if we remember
right for the murder of his brother), has, at the' intercession
of the Hungarian Aulie Chancery, had his sentence com-
muted to 15 years' imprisonment.

•
We hear that Sir Edward Sueden is engaged in
preparing a new edition of Blackstone 's Commentaries. All
recent editions have published the new decisions and corn-
mentaries in notes, preserving the original text separately ;
but Sir Edward proposes (as we hear) to incorporate the
original text and new decisions, and his own commentaries.
This will prove a highly valuable work.—Brighton Gazette.