The Sun.
London, England, 1825-11-12 00:00:00

VICE-CHANCELLOR'S COURT, Nov. 11.

DENT V. FARE.
Mr. TENNANT moved for an injunction to restrain the de-
fendant from negotiating a bill of exchange which he had ob-
tained from the plaintiff under the following circumstances .
The defendant, upon his voyage from Bombay, where he had
been residing, touched at Canton, where the plaintiff is a mer-
chant of some eminence. The defendand asked the plaintiff
to give him a bill upon London in exchange for a sum of
12,000 Sicca rupees, which he said he had lett at Bombay in
the hands of his agent. The plaintiff accordingly took the de-
fendant's draught for that sum upon M'Leod and Co., at
Bombay, and gave the defendant his own bill upon Richards
and Co., of Bishopsgate-street, for the same amount in British
currency. The London bankers duly accepted the bill, but be-
fore it had become due, advices were received from India that
M'Leod and Co. had refused to pay the defendant's draught,
on the ground that they had remitted the money to his agents
in England by his order. The plaintiff, therefore, applied now
for an injunction to restrain the defendant from negotiating the
bill, for which the -plaintiff' had not received a sufficient con-
sideration.—The injunction was granted.
The cause-list was now called over, and no persons appeared
to be in attendance.
Mr. II EALD said, he wished to explain that it might happen
in many instances that no one was to blame when such an event
occurred. Owing to causes being set down at the Rolls, as
well as in this Court, and being disposed of .at the former
place, and owing to the compromise of suits, and to abatement
by the death of the parties, in none of which cases this Court
had any notice; causes were often allowed to stand in the
paper long after they had ceased to. be in existence. He had
recommended, in his examination before the Parliamentary
Committee, to inquire into the practice of the Courts, that
some remedy should be devised for this inconvenience. As an
illustration of what he said, he pointed out to his Honour the
instance of the last cause in the paper of to-day, which had
abated owing to the plaintiff having become lunatic. Others,
he knew, had been heard at the (tolls, and probably the causes
which his Honour would now order to be struck oat for want of
attendance were those in which no one had any business to
attend.
• After some further conversation, his Horrourt expressed
his determination to provide some remedy for this practice in
future. Having heard some causes of no public interest the
Court rose.

COURT OF KING'S BENCH, Nov. 11.
CRIMINAL INFORMATION.

Mr. SCAR LETT moved fOr a rule to,show cause why a crimi-
nal information should not issue against five persons, namely,
Drysdale, the printer of the Reading Mereiffy, Gerrard and
Mendip, the proprietors and editors, Leach, a publican, and
Smith, an attorney, for having joined in the publication of a
libel ou certain Magistrates of the County of Berks. Ile
moved for a rule, on affidafits made by the four Magistrates,
Mr. Monk, M.P., Dr. Mitford, the Rev. Mr. Stephens, and
Mr. Harris. The libel was published in the shape of an ad-
vertisement, published in the Reading Mercury, and pro-
fessing to contain a statement, but which was, in reality, a
snistatement, of the proceedings which took place before these
'Magistrates at a session held for the purpose of; granting
licences. Leach, one of the persons against whom he moved,
was the occupier of the Four Horse Shoes public-house, situated
near Reading, just out of the jurisdiction of the town. Mr. liar.
ris, in his affidavit, stated, that in the month oflast July, having
liont of an assault and disturbance which had taken place.
at this
.house at a very late hour of the night, he mentioned. the
'circumstance to Mr. Stephens (a person entirely distinct from
the Rev. Mr. 'tephens the Magistrate, and having no connec-

sack
tion with him), and told him, that if he continued Whivreita
a tenant, the Magistrates would be obliged to refuse lie t; a
his house. Stephens said he had heard of the bed 01,3-
iriiiit•
Leach his tenant, and had given him notice to quit. P. that
ford had been in the habit of passing the house, 112d1A;lfferent
he had frequently observed about it persons of ver/15"' fin
character. At the licensing day, the 17th of Seprernwia air
Mitford mentioned the observations which he had av 3 de 0
brother Magistrates. When Leach came in to have his liciad.
renewed, he was told that the licence would not he rearwo aid
—He then asked the reason, and was told that no-reosen; . sad
be given. Leach then said that he would take 011" sir
apply to them again in a few days. On the 20th, °as sr•
tember he came again, accompanied by Mr. itl eacri
torney. Mr. Smith demanded of the Magistrates to re it;
the licence. He said that they had no power te reit Act
that their discretionary power was taken away, bi.,,t-e" als.
go fis
tPraatrelsi Parliament t
empoweredof the
ionreg ea
publican Fourth, tilly., whch I"fordir
and 101. third
first and second offence, aad to refuse him only for_tefor ale
effence, after two convictions. The Magistrate aske. waive
Act, and having examined it, returned it, saying, that that
relation to this case. Mr. Monk said it was irupossitnetheo
this Act could have•any application to the business befere aleg
for that he himself had attempted to introduce a clause :eto
the discretionary power of Magistrates in refusing 11 ogn
which was rejected.-4-The Magistrates still refusing rrt..jai
any reason for not renewing the license, the solicitor riletiliont
if a man was to be condemned without a hearing.lttel.,ool
said, that " if the refusal of the Magistrates to grant :milli'
and not to assign their reason, was to be considered OOIC
lent to condemning a man unheard, that the lasv Wss„,t; rho
here not to make the law, but to administer it.
47"-- via
was afterwards licensed to another tenant, the Mfsotearsivigtll;
all of opinion that the premises were well situates
house. These, Mr. Scarlett said, were the circurnsslo4
they really occurred, and the mistatement of which eorilleacb
the libel. It was published in the Reading Afeeenrile ato
is printed by Drysdale, Gerrard and Mendip.beinglykiri;
prietors. There can be no doubt of the active
W%, liso
Smith took in this affair, as it was on affidavit the 70011
threatened to expose the magistrates, and that he stiboeCoice
advised Leach to send it to another paper for insertionl.o co
was refused. The advertisement professed to be an asdl4
the publicans of Reading, signed by Leach. It was ~,0115$
to his " brother publicans," gave a most perverted rb'tvalior
of what had occurred before the Magistrates, and in P gi
entirely misrepresented the reply which Mr. Monk 11.17,01'
spar
to the question, " whether a man was to be erindere2l-10005_,
out a hearing," stating him to have answered to rrlte few
" yes," absolutely and without any qualification. Ii
gentlemen on whose behalf Mr. Scarlett made then
distinctly negatived, in their affidavits, all the e- ae
charginglthem with having acted illegally, or front P 5
interested inotives.—The Court granted the rule.
• Of
CROPPER V. HORTON. _,.,ititi ;
This was an action against a Magistrate of the P";10$0, '
Lancaster for false imprisonment. Thep laintiff Vas `OP
when a party was examined before the defendant o,llb ife
of felony ; and it was suggested that the plaintiff niter!
important evidence in furtherance of the purposes Arga Cl'
The defendant required him to be sworn, but Ire reitl,l„te;
so, stating that he knew nothing of the matter. Then -sal g'
said if this were the case, he had only to be sworn et t'
on his oath, and there would be an end of the hosi_ora
however, persisted in his refusal, and the defendant egue;3ooll
him " till he should consent to be sworn." After 00;1
in custody for a short time, he submitted to be sworn,„4,, a
discharged. For this trespass he brought his action, Woitsatj,
tried before Mr. Baron Bullock at the last Assizes: d A fro
Learned Judge was of opinion that the Magistrate no _to
to commit for the contempt, but he allowed the case "obi
the Jury, giving leave to move for a nonsuit. 00 eli
Mr. ALDERSON now moved for a rule to shelf tit fia
a nonsuit should not be entered, and shortly pressede
tile
of great importance to the police of the country. 1,0 bl ,
Mr. Justice BAYLEY acquiesced in the view rowbeD sirlA
Learned Counsel of the importance of the questioniewp
td
l
party present at an examination on a charges °t. 03Ittra at
being required to be sworn, may, on refusal, be co,rll,osll,
he consents to be sworn, and suggested that it shale' "" A
to'"
before te Court in a scial case.
A h
Nisi was therefore granted, with pertniSSi°P I°
the facts into spcial case. tors
M rt. WOOLEN.
an3dirreqN,leosoteledr,towhkennoownlwy
when
no Jitudwgoeuslrdembaeinceodoivno en.i.elfigoto'ott:.
Court to hear his application for a mandamus W " oet,
of Lincoln's-Inn. ..A Atir lc 0
Mr. Justice BAY LEY said, that the Judges 117,4 co
a great deal of business before them, and es 11
be
get through the bar in the day.
Mr. Wooler said he only wished their Lo Whir Ibr
6054a1
aware that he was ready to proceed. be • r.
Mr. Justice BAYLEY said, that, personaliP - bulk'
very glad that his motion should be speeWll
Wooler bowed and sat down.

si llas•
HIGH COURT OF ADMIRALTY, --° iter
After the Court had assembled at the usualbouff
t°'
there was no business before it for the day.
wag 00"
The REGISTRAR announced that there ---
moved, and the Court immediately broke 111)-

COAL MARKET, NoV•11'
.nn 401,0:
Felling Main, 36s 6d—Forest, 40s 6d--He'sa. 6,1•-•
lingworth, 42s 3d to 42s 6d—Pontop•Windsor, of sly
field Moor, 41s 6d—Townley, 40s—Wylank ts". 01.11,
Bewicke and Co. 45s—Walls End Green's, 39• sio'ios'
Russell's, 45s 3d—Cowpen, 38s 6d—Fordel
sell's Hetton's Walls End, 46s—Walls End
—Ships at market, 17i—Ships sold, 131.

aamdualnnage.......=.n.n.lnkar..gscraiess.........."'w__^..""—
i . e 0
COURSE OF EXCHANGE, Nolig 9r!
Amstet,lato ............................ it CP,
Ditto, at Sight .......................... ;g 4 f.,
Rotterdam .............................. ig 4 I.e.
Antwerp............................... • 96 il g 1),::
HanOwrgh ............................. • 0 Did .
Altooa ................................. • 76 SO i Id!
Paris, 3 Dry's sight ..................... . 653 o,l',
Ditto .................................. 6 55. ~ d
ilooldealixolitto ....................... • '7 0 P
Berlin ... • pf,
.............. .oi ...
Flank fort ott I lie Maio ...... •• • 9f. , •
Pete' sburgh ............................. • 9
Vienna ................................. 0 0 ,grecit'yfi
Trieste ..................................
,f FifeC
tiff
%; ad rid .
196
Cadiz ..................................
Billma
Barcelona
......... . 36i
'ieville ....... ' 51
GibraltAt ........................... •• ' 49
Leghorn .11: DI
Gel,. , .... ..... .141-Venice, Ital. IA ' 404, 00i.
Malta
Palermo ..... . ...................... •••• SI
..., ..'

Lisbon ............... D,
Oporto •• •• ••• 49
liioianeiro ....................... • -•'• 31
11.1tia. .................................. •" 43f
finettos Ayres ..................... • •
~'Lou , op
Dublin .... 9i l'oil( ...... !?i I" of°
au 1..t,r ox •
1„o 0.,
port„ cal 601,1,1 /I COli) ................• .
11 il . g. 0,, 9
Foreign Gold, its liars ................ •I.k
New Dotthloons
. 0 0
New Dollari ..........................
_.••0
•
Silver Standard in liars...

......

......................=....................M0......--
f
BIRTHS. .a e 0 A
On the Ist inst., at Paris, Mrs. John Edri II a+
oef
91
house, Wilts. of a daugter. ht of
On the Ilth inst., Mrs. Brailsfortl fir'g''
street, of a son. ,ot•
-----
Joool''
Al A R RIE D. • hod
the
tai 1
Atatelitlecil-loscOolaotnilril
metislno,FsntHa. , at
iodol:ei'l°l Ilc
011;.
ham Wilgress,
Esq., to Sophia, *fifth daughter of Eal'aLl- re ''
„ 00°d0e
di int,, dep
In Norton-street, Clapham-common.
P;
Of 0'
. 0 otie
E s theruq.p,nuothtrionatirga.itilirodan.npscicaoscn: :r
b1.001:41e0:11.
eii
year of his age, Robert Sadleir Illoodtt, :',„ity's 14;04 .1,1
the Commissioners for Victualling his '"i,„,,ife of , pi'.
At Cheltenham, on the 31st ult.,'PlorY, '' fiili ,
to AOO
field, Esq. t, Selirls;l Or
At. New York, on the 31st of Angal ogler 'a flo At.
Chevalier de Figaniere e Moran., Consul-e,.rainstliortiV
On the 6th inst., at Burton-crescent, v'ear of neptqc Pe,
Esq., of the Stock Exchange, in the big I , std ip,tdi,
On Wednesday morning, inhst'''stsettAcall;illo7'
after twelve hours illness, of gout inittt“tee of IN4-$594
year of hit age, Isaac Aguilar, Es(l.,.<` 'aibeir9'.
At Lisbon, on the 21st ult., 1)- - Vace•
late of Abchurch-lane and Woburri-1"- •

t,•°
Printed and Published for the rgoeii, Olt
th'FICE, No. 112, Strand "