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

KNIGHT U. 114JORIBANK9.

This case came. before his Lordship a—bbort time since
upon appeal from the judgment of the Master of the Rolls
lismissing the plaintiff's bill with costs. The suit was in•
stitutcd by the assignees of Colonel Latour fur the pur-
-1 use of setting aside two deeds, by which it was alleged
he was deprived of the advantage of partnership in
a speculation which turned out most profitable,
called The New South Waits and Van Dieman's
Land Establizlment. The Lord Chancellor, after
going at considerable length into tt..e facts of the case,
which we have already given, both upon the appeal and
the original hearing before the Mester of the Rolle,
ordered the jtnlgment of the Court below to be affirmed,
and dimissed the appeal with costs.

ROLLS' COuRT.--(TIIIS DAY.)
his Lordship the Master of the Bulls heard motions
to-day, it being the last day of Michaelmas Term.
Nothing calling for a spceial report came before his
L'ordship during the tirirning.

VICE-CHANCERV.—('IIIS DAY.)
(Before the VICE-CHANCELLOR ENGLAND
His Honour sat to day at 11 o'clock, and heard mo-
tions, it being the last day of Michaelmas Term. The
Court, at its rising, will adjourn, it is understood, to
this day week, which is the First Seal after Term.
Nothieg of any interest occurred in the Cqurts of the
Vice-Chancellors Knight Bruce and Wigram. •

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

In this case the defendant had been committed to
gaol by the Judge of the Palace Court so late as the sth
instant. A rule had been obtained, and it now came on
for argument, calling upon the keeper of Whitecress-
,tr( et Gaol to show cause why the defendant should not
be discharged from custody.
Mr. liussELL appeared in support of the rule, and
contended that the Palace Conn had no power to make
the order under which the defendant was committed.
The 12th and 13th of Victoria, which states that the
Palace Ccurt shall be abolished on the 31st of December
in this year, expressly declared that "no action or suit
shall be commenced after tho 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
shou!d 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 ter the rec,very 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 he said he had no power to receive it.
Mr. CORY rose to oppose the discharge of tke pri-
soner, but

- - The COURT interrupted him 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 IIE II LIAM 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 was issued out
against him. The bill of exchange in question was duly
presented for payment and diabonoured; and the ques-
tion now was whether the claim under the guarantee was
provable under the fiat of bankruptcy figainv,
The LORD CHIEF BARON delivered 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, lihrn dun was provable as a debt, and
before it was due was provable as a debt that became due
on a contingency.

BAIL COURT.—(THIS DAY.)
(Before 11n. JLIEIiCe PATTESON.)
ARTICLED CLERKS.

Mr. HIIDDLESTON sppiV;l to the ecurt on behalf of a
yuung man 'mined Srrutton, an articled clerk, for
leave to serve the remainder of his term with a third
master without obtaining an ass'gnmvat from the gen-
tleman to whom be is ti)w under articles. He moved
under the following eircumstarc,'i:—Mr. Strutton was
articled to a gentleeian who Ir.d 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 pres' nt time should be computed
in his term of fire years' servitude.
Mr. Justice PATTESON doubted whether or no he bad
p iwer to grant the application, since it was quite clear
the service since May had not been to the master.
Mr. HITDDLESToN realm ked, that the case of forgery
against the master bad been reserved on a point of law
for the opinion of the Criminal Court of Appeal, and
the conviction had been confirme:l. Nov,- supposing the
Court had decided in favour of the point reserved, the
articled clerk would have had the advantage of counting
the Limo 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 him intention to terminate the partnership im-
mediately after the charge was preferred, no dissolution
had as yet taken place.
Mr. Justice PATTESON At:erred that it was a hard
case, but he had no power to interfere.

Mr. lIIIDDLESTON said, perhaps, then, his Lordship
would grant a rule abs,lute for an arrangement of the
remainder of the term, without the present master being
made a party to it.

Mr. Justice PATTESON said it was PO usual to make
such a rule absolute in the first instance, but ho would
grant a rule nisi returnable at chambers.
Rule nisi according!y.

CRIMINAL COURT.—(TIIIS DAY.)
OLD COURT.
The first sessions of the present mayoralty were
opened to-day by the Right Hon. the Lord Mayor, the
Recorder, Aldermen lluuter and Carden, the Sheriffs,
and other civic functionaries.
After the selection and swearing in of the grand jury.
The RECORDER proceeded to deliver his charge. lie
said the number of prisoners contained in the calendar,
against whom charges 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, a charge of
sending a letter, threatening to murder; two charges
of cutting and wounding, with intent to do grievous
bodily harm, and a charge of hitempting to drown.
There were besides
ges of robbery with force, and
four yet 80D were charged with shooting feloniously at
an°'er with the intention to kill or murder, or to do
grievous bodilty harm t hot the vast bulk of the cases
in the ealentlilt *as even, eted with cIT flees against pro-
perty
iiltllretoher than against the pc:w.c..; itiocc4 IP
.against the IR rsph the inoucernent in Danny
ettii]ea to be the
indeed, of acquiring of property by
Citminal means. Out of the ^ there were 105
for larceny, e., the acquisition of property without any
attempt upon the person. The proportion was very small,
offenc s which were wholly independent of
jannyfacttne.:hpt
appearance
acquire unlawfully the property of an-
other,ett-
ofrrobmabitt:amoef character nod m11)106'41 ef the
offences
to bun: exhibited in tint court afforded,
of any improvement in the morals
the punishment
within its jurisdiction. The nature of
the sci,rity ntf ad teen from time to time changed,
butu as to
hicee:erptourc,:: rnitiaied—a V9-ri ty of courses had
lion as a sce - mode of carrying out transporta-
wAary punishment, but the result had
00111 Y been that crime had not been checked