The Sun.
London, England, 1831-01-14 00:00:00

JUDGMENT.-BARTLETT V. FENTON.

Lord TENTERDEN delivered the judgment of the Court
in this cause, which was an application on behalf of Sir
Abraham Bradley King to be discharged oat of custody'
The short facts are as follows:—Sir Abraham (against his
consent it was alleged) was enrolled a member of .4 V
St. Patrick's Assurance Company." Sometime since 111
action was brought against Mr. Fenton, the secretary 0,
the Company, and the Act of Parliament by which 04,
Company was incorporated enacts, that when any verdic;
is obtained against the secretary, that it should be lawfa'
to levy execution against the person or goods of any of it 6
members, although they might not be Joined in the action.
It was contended in support of the rule, that the proceed;
jogs in this case were irregular, as the execution again
Sir Abraham had been issued without the previous sane'
don of the Court. It was also contended that Sir Abrre
ham was net a member of the Company, and unaei
such circumstances he ought at least to have 1)4
an opportunity to plead or demur to the proceedings,".
The Court had referred to several Irish decisions on tha
subject, and the Courts in that country had allowed, under
similar circumstances, execution to issue ; but nivrac
reminded the party applying that it must be at his peril?
and that the defendant probably might have his redress lil
an action of trespass. The Court were of opinion 06t
Sir Abraham King ought to have been made a party
the record, for if executions were to be issued against Par;
ties without their having an opportunity of pleading
demurring, every person might he ruined. The rule nia'
therefore be made absolute.

Mr. CAMPBELL—No action then, my Lord, against tF
secrctiry will be of any avail. It will be necessary
make a fresh application to the Legislature.
Mr. Justice Larmrn.kr.v.—The plaintiff brings the ill;
convenience on himself; if he knows a party is a memV;
of the company, why not bring his action against 1,0;
and not against the clerk. The Court can never ttll°;
execution to issue against a party who is ignorant of
proceedings.

- Rule made absolute.
The Court afterwards took motions for new trials, Orie
of which possessed any public interest.

I

lIINNER TO THE LORD ADVOCATE AT

DUNDEE.

cha'n Friday a public dinner was given, in the New Ex-
Reading.roonis, to the Lord Advocate. Thee.
e-114Lre 4: 400 gentlemen present. Provost Balfour in the
The cloth being removed, the usual loyal toasts
were drunk with all doe respect ; after which the Chair-
t u proposed the health of the Lord Advocate, who re.,
''
• „manl,ll4ll thanks in a most eloquent speech, from which
we
cr,set the following
1.?" °cc before you a Lord Advocate of Scotland, not
professing liberal and popular opinions—not merely
raand asserting his love of economy and Reform,
that7ll° see a Lord Advocate who has been promoted to
i~agi'tation for no other cause, that he knows or can
d'sta!ile, except that the whole of hit past life has been
Rated to supporting and endeavouring to promote these
It;clhigets• It is no wonder then that such a spectacle
.serf if not altogether without precedent, should be aisub-
doti'r congratulation and delight to those who lair,
ag their lives, patronised these objets, and for a. con.
1114 ',rabic part of them, under obloquy and suspicion,
nit :iled the same principles. In me they only see
tieCriwie oyiehol of the great changes which hare
of eh- Place in public sentiment, and the progreru,
vatet-O" °Pinions which most of them nurtured in pri•
P
i when it was occasionally dangerous to avow themlnions are avowed by the
t ilm.ruulc• They see the time now arrived when
,4),
o • Government of the coun-
th,Twhen the Sovereign himself, the generous, the brave,
'IPPY, and the popular Sovereign of these realrris,is
e
'eir reformer.—(Much cheering. ),—When the rights,
ft'uffrages, the cares, and the wishes of the great body
' People are not merely acknowledged by the admi--
aadtlt, but form, in reality, the first of their cares
" ~,71'nes, and constitute the very basis of the system
p,l4th their Government is founded. No man, lam
will now venture to deny that the Commons
of Parliament ought to represent the sense,. the
if;',l4l the opinions, the feelings, nay, even the prejudices,
t Y 'neb now exist, of the great body of the people.—
Cour; •• -"tinned ch rin )—No honest, intelligent, and think-
'f 41garn, doeenotg' speak of the minions of corruption,
a• lpr
liklane bigots, ,hom all reasoning would he thrown
net hie ;,‘I:4Y"--can ever believe in his heart that the wasteful
Tbe "Peuditure ofv einone wrung from the hands of the poor,
re 113,. can be tither laudabley or justifiable. Honest Whigs and
ary I"' I'll°°t Tories have always been united in a wish for Re-
a
t 441; What, lam p,rsoaded, they differed about was the
•erdicti 'l7 or the practicability of the means by which it
o1371:' th;;,Pr°Posell to be obtained. But these fears and
tki,;elll:ces vanish in the knowledge that Government has
°t'" trench Dees
its own hands the questions of economy, re-
acted; q,)
--en°, and Reform. On questions like these no
Ping ih,„verntrient can be neutral. If they are not for them,
sane" ,xllntist be against them; and their expected resistance
Abrt; ih'Verates the feelings and adds bitterness and violence to
unhatted q:v7'lrts of those who support them. But when the
' but 4°'necit not merely yields to the wishes of the people,
• i'!'eets or goes before them on the subject, instead of
n t"'on being reluctantly wrung from them, no ap-
tlnd,er ;freay!n'i'n of evil consequences can he entertained.
thva?f,g, a, Navin ventured to claim your indulgence, only in so far
• itiiziarn identified with the system of the Government, I
1:95,0 trie",,t; 4°W, perha 9, be excused for saying something
ts,l" 41 praise or explanation lanation of that system; but in the rty t:
tit°:,,,little Words "elconomy and Reform" the whole defi-
,Pa and eulogiurn of the system is comprised.—(Cheers.)
ntust 4t are the twin stars which must illumine the
tri°6-Y,..and perilous course on which the Government is now
1)11.'"ng-these are the dazzling gems which they have
yet tie b 4 ictl aloft on their forehead—the amulets which they have
try t°
ore their invincible arms—the spells and phy-
tie:e4-,nr`e'i in the potency and virtue of which they go forth
'lee tumult and corruption conquering and to con-
hlig„Z,theoe are the true supporters of their proud em-
'sii Is-the lion and the unicorn—which uphold the
the 'feinos shield of Britain—the buckler and the banner of
ta,,tl:e. The representation of Scotland has this advan-
all LI, '4 a moment like the present, that it is admitted on.
ther74l to he indefensible. It is a representation of nei-
°or the 'wealth, the intelligence, the. enlightened opinions,
nation actual will, nor the prejudices or passions of the
141)1.1.s-1,11 these elements being necessary. to form a true
the ,-:°tation: while nothing more opposite to these than
(ch ;'°\ting system in Scotland can be imagined.—
Pertyee:)---Scottisli representation does not depend on pro-
') - h 4; :ntvlligence at all ; but on a of hocus pocus,
N1,1%n, in the burghs, certain bodies called Town
reprfus, consisting probably of thirty. persons, elect
the
otiy"teOtative of fifty thousand; and in the counties d
rUle a Neal reCardeti is a bit of parchment with a wax an
11. tiott ofaPPended to the bottom of it, certifying the posses-
, tbst, hut, of a
l'°4l iffy --- forty-shilling freehold of old extent, or a Taloa-
"0/. Scots, registered in the cess-book of the
de(Langhter and cheers.)—lt does not follow the
(hilre of this parchment should have an acre, or even ha
that'roZthf.ull of earth in the county; and 1 believe
of lal ',11411). „ third or one-half of the county electors in
khoildi"i'ces do not possess either the one or the other.—
dO-3soecil 't2eas-weeniei,erf.) Gentlemen, I believe that Government
;911 '"ast, and that it has formed a firm resolutien not to
er'werfle ''t(l4li,oor'lidelePublic money wantonly or unnecessarily. No
deft $
of
arZpsiennes,e.ti,rfeosrwmilelre splendour, will be any longer
he gathered to the vault
1189 atee" th
f• Capuleta. No soonsuch revolting spectacles will
toot P'lll4,e° th offend us at that of beholding men, for no
thee 'ttvice whatever, and from one generation to ano-
P°cketing
of 7 000/ or of 4,5001. a year,
War th the% d
.. ' " service to
5,4° , ° eoll,_ gof famines, who do more real
$ ktraid
ei'lue°llgood, are famishing on half as many pence.—
cot tio shish '".) Economy and Reform are the two pi
ars
eaio'd 1114, oa t1.."1,51v system is founded, the cardinal prin-
otto
t1:lf• on-itwineleb the Government rests
. its claims, and puts
elsir4,
f'sh
es:untry for trial, demanding a patientw.an.,dhftaiiier
ed tbe c,blOOZ,
.he
the two great arteries through
,c,olee
_lie heart
_.,
.he land finis its regular. and salutaryh way to
' Rnich it sustains, and which by its own vi al utd)..l, Lorows it back ain to the extremities of the
"-Meal', and cheerinag.)

!ot re-
nveni"
ion of
ale on
Wed-

;pedal
otb,
)er to'
't 22d'
lotions
f ge"
jid be

cn ar-
°emit

-:,ourtg
rnentgr
on the
sse re•
nd the
ivote

1), the
mi
ai "
I So
ivg i"

sbovf
The
ficisot

he i'''
emV,‘
him'
an-
of the

, noot

'ustie°
b the
to lei:
Ivor"

--_--. -
kat," e Perceive that those eminent fine cutlery
rping' 1, illacturer
_i je' ave been %,
,Messrs. SANSOM and Son!, of Sheffield,
r heir
Cutlers to their Majesties, King. WlL-
thy nlerei Queen ADELAIDE. This appointment is not a
0,- - lows_ .c v gr,,,,i,u_l-Lary distinction, for their MAJESTIFS have been
[is Ijor tensive° Y Pe
ell to accompany the appointment by ex-
11tno,i it!re„ , u.lers for a variety of articles, many of which have
t'°°, ''''Y been executed by those spirited individuals.
!cri'l This
he , rno •
ill.) 'Ortn,a rrllng the LORD MAYOR, the RE-
be or, (:ouneii' and other municipal officers, assembled in the
ki, Cutotni Ch other
Guildhall, in order to hear the KING'S
vilek legitne:l44 read ; after which the usual Oaths of Al-
, l'or ' &C' &e., were administered to the Body Cor-
_6oo borate' a.% also to the constabulary force. This business
`itable' uffie,,,Ft e'l despatched, the RzcoRDER and other judicial
to ,I_, retired to the Old Court of King's Bench, in order
tijoef
I`, Patch the btai
tess of the Adjourned Quarter Sessions.
r, iiio' , ,I-Ll,O/0, T
''' '0 °' %dello,. "`•"---JOIIN WALTER, High Sheriff
teo ,I, St 0, f "Ire, has appointed a county meeting, to be held
1 l'"
P°4 eof .nwn-ball, Reading, Monday next, for the pur-
tioning
ti'l raking into consideration the propriety of peti-
4presnt eLegislature on the present defective state of t.he
thieft
avarron of the people, and on the numerous mis-
tLe p„ ' grievances resulting therefrom. And also for
licfn,J9ae of obtaining a rational, practical, and efficient
14011;,,,doitin,tli:felection of fit persona to serve in the Com-
Parliament."
I"
LATE
When
t; RULER OF TILE POLES.—
qerrn 'e
her Duke CONSTANTINE was travelling in
rogress
POLES.—
be tar,obe on one occasion, weary of the slow p
lot t , New! the post-boy repeatedly to drive faster,
be dil P'"Po%e ; lie then threatened to shoot him if
iqgg• "t quicken his pace. The postilion persisted in
hill:en!.nn at hit own rate, which so provoked the Grand
1p0t,...1425 he (ire_ a
w pistol and shot him dead upon the
CAl,ordn's Journey from India.
~
eN3 nf c4-4IN: RosB.--Two accounts of the pro-
-1-11. w aptain Ross's exploratory voyage have reached
tc, .1, e give them the une
_c as communicated to us..
.According
;(lay in a count, Capt iin Russ was met with in Baffin's
ie August 1
R hair, , 829, where, having suffered damage ditr-
Ivretkof weather, he fortunately was enabled, from the
nurthwar a Greenland ship, to refit. He afterwards steered
'ecoli d, and has not since been heard of. The other
Iliraven:rer_ePresents. our adventurous Commander and his
iltes
bw_as having been • forced back to Lively Bay, in,
4critn6 where they spent last winter. —Jameson s
urf,b -la, . .
, . -(VCW Philosophical Journal.
41.11 j
Of A/ nquest was held last night at the house
nri ti* ALLBRIGIIT, 36, 13ridgehouse-place, Newington,
Ilarnllllttldi
taitihtduyder Mr. Cm-ARIES KINGSFORD, aged 28,
who terminated' his existence by taking
rlirbejnacid. It, appeared that the deceased was, a short
!niekt.d ehei',e,r,gaged in dissecting a putrid corpse, when he
'e that . nnger, and the pain very soon became so in-
!inail , it brought on a fever, which confined him to
i?Nwe",l3o,me weeks. Ile never perfectly recovered, and
n.
_n arlay lie committed self-destruction. The fol•
5t;41751 found in the deceased's hand-writing :—" Mr.
N 11,10,1141, Messrs. WILLIAMS and BETIIII.L, 11, Lin-
illark_i(a..l:fields, and my cousins, T. and C. KINGSFORD,
e.k.,l.....U.,_erserild my corpse to Guy's Dissecting-room.—
v diet, " Temporary insanity,"

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