The Sun.
London, England, 1849-11-21 00:00:00

Was abandoned Atogether. The present case was pre-
cisely- of a similar nature. The plaintiff was employed
98 w eeka in assisting in the, construction of bri-lges and
culverts, &c., on the Berkshire and Hampshire Railway,
at the rate of 11. a week; he receiv, d several lumping
sums on account, and the balance which was due to him
consisted of salary and partly of some expenses inci-
dental to his employment, and amounted to more than
201. But he reduced the debt, withr.ut, altogether
abandoning the balance, so as to avoid brieging the
action in a superior court. The particulars of demand
were disputed by the defendant.
The CHIEF JUSTICE said the demand was as simple a
one as could well be, for it was made up only of a running
account of wages at so much a week, and of travelling
expenses incidental to the plaintiff's employment. The
ease involved no complexity such as to require its
removal to this court, and was just a case of that nature
which would probably be referred to some gentleman
for decision, if put down for trial at Nisi Pries. The
gentleman before whom the case would come in the
County Court was, perhaps, the most competent person to
Inquire into the matter. Ttie Court were, thcrefure, of
opinion that there should be no certiorari, but a rule
!night be taken with respect to the prohibition.
Rule nisi accordingly.

EXCHEQUER.-(THIS DAY.)
(Sittings in Banco.)
DUKE OF BEAUFORT V. SMITH.
This was a part-heard case. It came before the
Court on a demurrer, and the question involved in it
was whether the Duke of Beaufort, as lord of the manor
of Kilvey, was entitled to a toll of 4d. per " wey" on
coals carried over his Lordship's lands for exportation
from the adjacent, harbour of Swansea.
Mr. M. SMITH, on the part of the plaintiff, rested his
ease principally on the fact that this toll bad been levied
by the Duke of Beanfort and his ancestors, as lords of
the manor, for a period of upwards of 300 years.
He submitted, therefore, that their Lordships would
presume that the payment in question was an im-
memorial payment, unless some reason to the con-
trary were shown. He submitted also that before
the statute of Quia Emptores it was possible there was
a custom in the manor that fourpence per " wey" should
be levied on all coals which should be dug and exported.
It was an axiom in law, that every prescription wus good
if it could be shown that it had had a legal origin ; and
he contended there was sufficient to show that the cus-
tom in question had had such a commencement. The
lords of the manor had the intervening land between
the collieries and the shipping place at Swansea, where
the coals were exported, and that he submitted was a
good foundation for the origin of this toll.
Mr. Baron ROLFE said, did this afford evidence of an
immemorial payment; if it did, could that payment be
supported; and if so, did the documents show that?
Mr. M. SMITH said it was a matter of admiration that
the documents bearing on the point, which had been
ransacked for a period of three hundred years, were
found so entirely uniform. So early as the years 1664
and 1675 there was a perfect description of this toll, in
certain leases under those dates. It was described as
" fourpence for every wey of coals dug in the lordship
of Kilvey and exported over the bar at Swansea."
Mr. ASPLAND, on behalf of the defendant, admitted
that this payment was neither claimed as a duty, a simple
tali nor as a manorial custom; but was evidently com-
pounded of all three of them. The very mode in which
the plaintiff claimed it, he submitted, was an indication
of weakness.
(The argument was proceeding when our report left.)

BAIL COURT.—(THIS DAY.)
(Before Mr. Justice PATTESON.)
HARRISON V. DYS
In this case Mr. Keene had obtained a rule nisi call-
lag upon Mr. Dyson and the Lords of the Treasury to
lil°vi by what right they demanded and received certain
fees from the public, but yesterday the Attorney-General
applied for an enlargement of the rule, on the ground
that the fees were of great antiquity, and it required
some time to collect evidence to establish their validity.
Mr. KEENE now appeared to complain of the Learned
Attorney-General having moved in the matter behind
his back.
The ATTORNEY- GENERAL saw no reason for the com-
plaint; all that he wanted was time to file affidavits.
These fees did not belong to the individual named in
the rule, but to the public.
Mr. KEENE had no objection to the course, provided
The
had time to study the affidavits when they were filed.
:.4.'he attorney in the case wrote to the solicitors to the
4'reasury, staling that he had no objection to the en-
largement of the rule, on condition that he was supplied
With copies of the affidavits ; but to show the manner in
Which public servants treated the public. no notice was
taken of this intimation, but the Attorney-General was
instructed to come and move behind his back. If the
Attorney-General, however, would pledge himself that
he should be furnished with copies of the affidavits ho
-would consent to the enlargement.
The ATTORNEY-GENERAL—I can give no such
pledge, but you shall see the affidavits before they are
sled.
Mr. KEENE observed that this was a matter of great
public importance, and he ought not to be taken by
surprise.
The ATTORNEY- GENERAL—Pooh ! pooh! What a fuss
you are making about nothing. It is not the most im-
portant case in the world because my Learned Friend is
engaged in it.
Mr. KEENE—But it is most important to me that I
should be able to do my duty properly.
The ATTORNEY• GENERAL—WeII, you shall have
ample time to consider the affidavits.
Mr. Justice PATTESON said after that promise the rule
Must be enlarged.
The rule was accordingly extended till next term.
THE QUEEN V. COOKSEY.
Ur. Hoboes applied for a writ of certiorari to remove
an indictment into this court which bad been. found
against a Mr. Cooksey, at the Quarter Sessions of
Bath, for having deposited baskets in the Iligh-street
9' that city, and thereby caused a nuisance. From time
Immemorial up to a recent date the public had been in
the habit of holding a market in this place, which had
cen attended by many thousand persons, and it was of
the greatest possible importance, that the buyers and
sellers frequenting the market should not be deprived
of their right to stand there. In the sixth year of the
reign of his late Majesty King George the Third the
Corporation of Bath obtained an Act of Parliament for
removing the market, but instead of removing it, they
had built a new one, and made charges for the stalls.
The public, however, had never acquiesced in this pro-
ceeding, and from time to time they had continued to
take their places in the high street, which had caused
the corporation to single out Mr. Cooksey, and indict
cAm for the purpose of trying the right. The Court
7°llld perceive that the main question in the case would
tlt upon the construction of an Act of Parliament, andt
was therefore important that it should be decided by
a Superior tribunal.
Mr. Justice PATTESON graated the application, and
the writ was directed to issue in the first instance.

BOW-STREET.—(THIS DAY.)
Walter Loftus, a middle aged man, was charged with
having assaulted his brother, Mr. Loftus, copper-plate
Worker, of Long-acre.
The complainant stated that about six months ago
he ehargt d the prisoner with having destroyed his door-
Plate, and since then ho had not heard anything of him
till this morning, when he came to his shop in Long-
acre, between ten and eleven o'clock, and after assaulting
him in a most violent manner, he deliberately put his
foot through ono of the window-panes.
The prisoner, in his defence, denied the assault, and
the breaking of the window was an accident.
Mr, HENRY asked the prisoner if he had any objection
to pay for the window.
The prisoner said he had not, adding that the reason
he went to his brother's was to ascertain whether he
really did live there, as he had a writ to seize upon him
for the recovery of some property.
The complainant stated that the prisoner had once or
twice exhibited a pistol to some of his friends, threaten•
log that ho would shoot his (the complainant's) brains
out the first opportunity that presented itself.
Mr. HENRY fined him forty shillings, or three weeks'
imprisonment for the assault, and directed him to pay
three shillings for the window, or undergo seven addi-
tional days of imprisonment.
The money was eventually paid.

MARLI3RO -STREET—(THIS DAY.)
An ill-looking fellow, who gave the name of James
Tamlyn, but whose real name is William Jenkins,
the keeper of an office at 25, Hertford-street, Fitzroy-
market, ostensibly for the purpose of providing servants
!th situations, was placed before Mr. Hardwick, charged
with having assaulted a lad named Robert Hussey, by
throwing an earthen jug full of water at him.
It appeared that on the preceding evening the com-
plainant was passing down Hertford-street, and on
arriving opposite defendant's door the latter came out
and threw a large jug full of water at him. The jug
struck him on the side of the head, and his clothes were
Completely saturated with the contents. He called to a
constable who was passing, and gave the defendant in
charge. Defendant was very drunk at the time.
In defence the accused said he was much annoyed by
boys like the complainant, who continually madeit a
practice to come to his door and hoot and bawl
in such
a manner as to prevent any servant from coming into
the office. He certainly did throw some water out, but
the jug slipped out of his hand by accident.
Inspector Dudley said continual complaints had been
Made by servants who bad been duped out of their
money by the prisoner. He professed to provide them
with situations, but he no sooner got the necessary fee
than he sent them adrift. The prisoner was a disrepu-
table character, having been committed by his Worship
for two months in August last for indecently assaulting
a young German who went to his house after a
situation.
Mr. HARDWICK fined the prisoner 405., or twenty-one
days' imprisonment in the House of Correction.

THE BODY OF A GENTLEMAN FOUND IN THE
THAMES.—This morning, at Old Swan Stairs, London-
bridge, the body of an apparently respectable gentle.
luau was found floating on the surface of the water. The
deceased, who appeared about 55 years of age, was
dressed in a black surtout coat, black waistcoat, dark
trousers, and Blucher boots, with white stockings. No
hat was found on the deceased, nor papers, to lead to
the discovery of his name or address. The body, which
was removed to the church-vault, appeared rather fresh,
and probably had fallen from one of the steam-boats while
lying off the stairs.
DARING BURGLARY.—A very audacious robbery
was perpetrated on Friday last, at the White Bear,
lientworth-streat, between the hours of five and six P m.,
by some persons who effected an entrance by climbing
on to the kitchen roof, and lifting the first- floor window,
by which moans they forced open the drawers, &C., and
carried off a quantity of jewellery and other valuable
Property.