The Sun.
London, England, 1838-06-14 00:00:00

THE SUN, LONDON, THURSDAY, JUNE 14, 1838.

LAW INTELLIGENCE.

COURT OF QUEEN'S BENCH, JUNE 13.

THE QUEEN U, THE TOWN COUNCIL OF THE CITY OF NORWICH

In this case a rule had been obtained calling on the de-
fendants to shew why a mandamus should not issue to the
defendants, commanding them to execute a bond for grant-
an annuity to Mr. Kelly as compensation for the loss
of his office as steward of that city. Mr. Kelly had lost
his office upon the election of the new corporation under the
Municipal Reform Act. Having claimed compensation from
the town council, and having only been offered 411. per an-
num, he appealed to the Lords of the Treasury. He claimed
501. a year on the annual average income of the office, and ten
guineas a year as received by him from the Sheriffs, the rent of
a meadow, and the amount of fees received on briefs held by
him in consequence of his being steward of the city. The coon-
-61 insisted that the office was an annual office, and that Mr.
Kelly had no right to claim compensation for his dismissal
from it. The Lords of the Treasury began their report and
order on the appeal by declaring that though in strictness. the
office might be an annual office, yet the holder, by the prac-
tice of the Corporation, had a right to believe that he should
be dismissed but on account of misconduct. They, therefore,
decided to treat the office as one held for life They then
proceeded to assess the compensation, and, having disallowed
the claim for briefs, they directed that Mr. Kelly should re-
ceive 481. a year as. compensation. The Town Council de-
clined to execute a bond fur this annuity, and the present rule
was then obtained.

Mr. B. ANDREWS showed cause against the rule.—Rule
absolute.

THE QUEEN U. GREGORIE.

The ATTORNEY-GENERAL appeared in this Case to show
cause against a rule obtained for a criminal information to be
filed against the defendant for a supposed libel on the charac-
ter of Mr. Hogg, the Member for Beverley, and his wife, pub-
lished by the defendant in the Satirist newspaFer, of which he
was the proprietor. In discharging his duty in this case it
gave him (the Attorney-General) the most sincere and heart-
felt pleasure to begin his observations with the statement that
there was not the slightest imputation resting on the charac-
ter of Mr. Hogg or his wife. He (the Attorney-General)
had the pleasure to know both these persons in private, and a
more honourable or estimable man, or a. more amiable lady,
could not be found in the circles of private life. With regard
to the case itself, he was instructed to say that these never
was the slightest intention to allude to Mr. Hogg-, the Mem-
ber for Beverley, or his wife, in the paragraph which was now
the subject of complaint. It was an entire mistake to sup
pose that they were the parties against whom that paragraph
was directed.

Lard DENMAN—There is no doubt that a most gross Jibe
has been published on somebody.
The ATTORNEY-GENEkAL observed that the libel did not
affect the present prosecutor.—Rule absolute.

COURT OF COMMON PLEAS, JUNE 13.
NEWTON AND WIFE V. IiARLAND.
This case, which it will be remembered, is an action
brought by a barrister for an assault and forcible ejectment,
and which the Court last Twin ordered to go down to a new
trial, to. day came before the Court upon a rule obtained on
the part of the plaintiff, which called on the defendant to show
cause why this cause should not be tried by a Jury of the
Eastern instead of the Western Division of the county of
York, in which county the venue was laid. That rule had
been obtained upon affidavits of Mr. Newton and others, which
alleged that the assault and forcible ejectment complained of
in this action had been committed by the defendant, who was
a tenant of Mrs. Lawrence, a lady possessing large landed
property, and having very great influence in the Eastern Di-
vision of the county of York—at her instigation, and at the
instigation of her chaplain and steward, and the defendant's
attorney, the mayor of Ripon—all of whom were alleged to
have been influenced by political motives.
The Couto' discharged the rule.