The Sun.
London, England, 1849-11-26 00:00:00

KNIGHT U. 3I4.JORIBANKB

This case came before his Lordship a short time since
upon appeal from the judgment of the r of the Rolls
dismissing the plaitmtl's bill with coste. The suit was in-
stttuttd by the assignees of Colonel Latour for the pur-
pose of at tting aside two deeds, by which it was alleged
he was deprived of at:: advant?ge of partnership in
a speculation which turned out must profitable,
called The New Sou►h %Vales and Van Dieman's
Land Establi,hment. The. Lord Chancellor, after
going at considerable length into 0:e facts of the case,
which we have already given, both upon the appeal and
the original hearing before the Master of the Rolls,
ordered the judgment of the Court below to be Aimed,
sad dimissed the appeal /fit costs.

ROLLS' COtRT.-(THIS DAY.)
his Lordship the Master of the Rolla heard motions
to-day, it being the last day of Michaelmas Term.
Nothing calling for a special report came before hi:
Lordship during the morning.

VICE-CHANCERY.-(THIS DAY.)
(Before the VICE-CHANCELLOR of ENGLAND
Ilis Honour sat to day at 11 o'clock, and heard ruc-
tions, it being the last day of Michaelmas Term. The
Court, at its rising, will adjourn, it is understood, to
this day wok, which is the First Seal after T, rm.
Nothing of any interest occurred in the Courts of the
Vice-Chancellors Knight Bruce and Wigram.

QUEEN'S BENCH.—(THIS DAY.)
(Sittings in Banco.)
THE PALACE COURT-BARILAM V. JOYCE.

In this case the defendant had been committed to
gaol by the Judge of the Palace Court so lets as the sth
instant. A rule had been obtained, and it now came on
for argument, calling upon the keeper of Whiteeross-
street Gaol to show cause why the defendant should not
be discharged from custody.
Mr. RUSSELL appeared in support of the rule, and
contended that the Palace Court had no power to make
the order under which the defendant was committed.
The 12th and 13th of Victoria, which states that the
Palace Court shall be ab fished on the 31st of December
in this year, expressly declared that "no action or suit
shall be commenced after the passing of the Act." The
Act was passed on the 31st of August last. The 14th
section of this Act stated that, on the 31st of December
next all the power and jurisdiction of the Palace Court
should cease, except so far as such power might be
necessary for the enforcement of its own judgments.
The proceedings in this case originated in a judgment of
the Court of Exchequer, and the Palace Court not being
at the time a court for the recovery of debts in accord-
ance with this statute, had no power to enforce it. A
tender of 55., one of the instalments which the defendant
had omitted to pay, had been made to the governor of
the gaol, but be said he had no power to receive it.
Mr. CORY rose to oppose the discharge of the pri-
soner, but

Th© COURT interrupted Lim by saying that they be-
lieved the commitment good, inasmuch as the Act ex-
pressly said that suits should proceed after the passing
of the Act, and made provision for the enforcing of its
judgments after the 31st of December next. Suits pend-
ing were to proceed, and the Judge did no more than he
was fully entitled to do.—Rule discharged.

EXCHEQUER.—(THIS DAY.)
(Sittings in Banco.)
IN RE WILLIAM WILLIS, A BANKRUPT.

In this case, which came from the Vice-Chancellor of
England, a person named William Willis had guaranteed
the payment of a bill of exchange, and before the bill
became payable a fiat of bankruptcy aas issued out
against him. The bill of exchange in question was duly
presented for payment and dishonoured; and the ques-
tion now was whether the claim under the guarantee was
provable under the fiat of bankruptcy rzains- Willis.
The LORD CHIEF BARON dt livered the judgment of
the Court this morning. The Court, he said, was of
opinion that a claim on a guarantee for a sum certain,
which this was, when due was provable as a debt, and
before it was due was provable as a debt that became due
ou a contingency. _

BAIL COURT.—(THIS DAY.)
(Before MR. Justice PATTESON.)
ARTICLED CLERKS:

Mr. ITUDDLESTON app'ied to the CcAirt on behalf of a
young gentleman named Strutton, an articled clerk, for
leave to serve the remainder of his term with a third
master without obtaining an assignment from the gen-

tleman to whom he is n.)w under articles. lie moved
under the following circumstacces:—Mr. Strutton was
articled to a gentleman who had recently been convicted
of forgery, but since May last, when the charge was
first made, he had been serving this gentlemen's partner,
and the object of the present application was that the
period from May to the present time should be computed
in his term of five years' servitude.
Mr. Justice PATTESON doubted whether or no he had
power to grant the application, since it was quite clear
the service since May had not been to the master.
Mr. HIIDDLESTON remarked, that the case of forgery
against the master had been reserved on a point of law
for the opinion of the Criminal Court of Appeal, and
the conviction had been confirmed. Now, supposing the
Court had decided in favour of the point reserved, the
articled clerk would have had the advantage of counting
the time since May, inasmuch as having been engaged
in the office of the partner, it would have been tanta-
mount to serving the master, for although the partner gave
notice of his intention to terminate the partnership im.
mediately after the charge was preferred, no dissolution
had as yet taken place.
Mr. Justice PATTESON observed that it was a hard
case, but he had no power to interfere.

Mr. HUDDLESTON said, perhaps, then, his Lordship
would grant a rule absolute for an arrangement of the
remainder of the t‘ rn3, without the present master being
made a party to it.
Mr. Justice PATTESON said it was rot usual to make
such a rule absolute in the first instance, but he would
grant a rule nisi returnable at chambers.
Rule nisi accordiug'y.

CRIMINAL' (JOUR'.—(THIS DAY.)
OLD COURT.
The first sessions of the present mayoralty were
opened to-day by the Right lion. the Lord Mayor, the
Recorder, Aldermen Hunter and Carden, the Sheriffs,
and other civic functionaries.
After the selection and swearing in or the grand jury.
The RECORDER proceeded to deliver MS charge' He
said the number of prisoners contained in the calendar,
against whom c;ha:ges were about to be preferred,
amounted to 184, and the number would be increased by
some additional commitments before the close of their
labours. Although the number was not by any means
unusually large, he lamented to say that there were
several instances of imputed offences of a very grave
and serious description: there was a charge of murder, a
case of manslaughter, a charge of rape, h charge of
sending a letter, threatening to InUrdir; two charges
ith intent to do grievous
boofdciluyttihnagrma.ndanwdettantlefitliga;
ge of atteitiptino to tiLi
There were besides charges of totliery with force, and
four persons itPIT thargrd with shooting feloniously at
another with the intention to kill or minder, or to do
tome grievous bodily harm; but the vast bulk of the cases
in the calendar was cenatcted nces against pro-
perty rather than against the person, and indeed in those
against the person the motive and inducement in many
instances seemed to be the acquiring of property by
criminal means. Out of the 184 eases there were 103
for larceny, i, e., the acquisition of property without any
attempt upon the person. Thy. proportion was very small,
indeed, of offeee.s which were wholly independent of
eny att,rept to acquire unlawfully the prop( rty sli-
9tber. The character and cornpltxion a the offences
f.roln time to time exhibited in that court Effordecl,
in fact,
no appearance of zrly improvement in the morals
or habits of :hose within its jurisdiction. The nature of
thee punishment had been from time to time changed,
s'veritY of it mitigated—a vari: ty of Courses had
been pursued
tion 48 as to the mode of carrying out transporta-
a as
punishment, but the result had
hitherto certainly been ;bat 'crime had not been checked