The Sun.
London, England, 1849-12-17 00:00:00

THE SUN,

LAW INTELLIGENCE.

JUDICIAL COMMITTEE OF THE
PRIVY COUNCIL.-(THIS DAY.)

(Before the ArabiThor of Canterbury, tho Arcbbishop of
York, the Bishcp of London, the Marquis of Lang-
&ea ne, L,.)rd Larqdrale, Lord Campbell, Mr. Baron
Parke, Cue Vice-Chancellor Knight Bruce, Dr. Lush-
ington, cud Mr. Pemberton Leigh.)

BANKRUPTCY.—(THIS DAY.)
(Before Mr. Commissioner O.3OtiLINTitN.)
IN RE EDWARD WHALLEY.
In this case the bankrupt a short time since endca •
voured to effect an arrangement under the Debtor and
Creditor's Arrangement Act, but the petition was dis-
missed by Mr. Commisaioner Iloiroyd, and the bankrupt
at once signed a consent to an advertisement of anjudi-
cation.
Mr. STURGEON now applied for delay of publication
of the advertisement, on the ground that Mr. Whdlley
had since discovered that a sufficient number of creditors
had agreed to the arrangement that a valid deed could
be executed.
His IloNoua said ha had no power.
Mr. STURGEON said the consent had been signed in-
ad vertvnlly.
His HoNouu said, it was not a case in which he had
the power to do required.—Application refused.

CRIMINAL COURT.-(THIS DAY.

OLD C0U1?7;.-

The last sessions of the present year, and the second
of the existing mayoralty, were opened this morning
before the e Lord Mayor, the Common Sergeant,
Aldermen Hunter and Carden, and the Sheriffs (Alder-
man Lawrence and J. Nicoll, Esq.) The first edition of
the calendar contains the names of 109 prisoners.
The grand jury having been sworn and empannelled,
The COMMON SERGEANT charged them to the follow-
ing effect:—Ha said, although the last session had
scarcely been closed more than a fortnight, there were
still between 140 and 150 prisoners to ba tried during
the present sesdon. Most of the cases, however, were
of a trivial and ordinary character, and, with but one or
two exceptions, they called for no remark from
.him.
There were three cases of cutting and wounding with a
sharp instrument, such as a knife; and several cases of
repo, some of which appeared to have been committ, d
on children under ten years of age. Now, the
law formerly constituted a rape violence committed on
children up to twelve years of age, with or without
consent on the part of the child; but the existing law
made the offence a misdemeanour where it could 1 e
shown that the child consented to the proceeding of the
offender; and he bad therefore directed that two distinct
bills should be preferred against the prisoners, so that
the jury might have the option of returning true bills
either for felony or misdemeanour, as circumstances
might require. There were only two other cases in the
calendar that called for remark, tied those were that of
William Lake and that of Edward Nairne, who were
charged as fraudulent bankrupts under the new Bank-
ruptcy Act. The jury would probably have some diffi-
culty in finding bills against these ,parties if they
were to rely entirely upon the evidence that must come
before them in the regular course. They, however, had
the power of calling in the assistance of an officer who
now sat beneath biro, and through him of obtaining do-
cumentary testimony. It by no means followed from
this observation that a grand jury were considered incom-
petent to form a correct opinion in all cases that were
bleat before them, but the officer he alluded to was allowed
to examine and cross examine witnesses, which they
could not do, and for the purpose of serving the ends of
justice it was sometimes indispensably necessary to
enlist his services, and obtain access to the contents of the
documents in his possession.
The grand jury then retired to their room and entered
upon their duties.