The Sun.
London, England, 1849-01-11 00:00:00

LADBROOHE V. SMITH.-JUDGMENT.

His HoNouu also gave judgment in this case, dismis-
i,ing the bill with costs.
The Court then proceeded to bear motions, but nothing
of any interest came before his Honour during the
morning.

(Before the Vice-Chancellor KNIGHT BnucE.)
His Honour heard motions and petition to-day, it
being the first day of Hilary Term.
(Lief ore the Vice-Chancellor WIGRAM.)
/ONES V. HOW.—JUDGMENT.

His HONOUR stated that in this case, which stood in
the paper to-day for judgment, ho remained of the same
opinion he had expressed at the hearing.

NIXON V. THE TAFF VALE RAILWAY.-JUGDMENT.

This case stood on the paper for judgment to-dgy, but
at the suggestion of his HONOUR, who stated his
opinion to be, that the question must be decided at law,
the matter was ordered to stand over to Wednesday next
io order that the parties might consider of the issue to
be tried.
The Court then proceeded to hear motions.

QUEEN'S BENtH.-(THIS DAY.)

(Sittingsinßanco.)

This was the first day of Hilary Term.
The Learned Judges took their seats on the bench
shortly after ten o'clock.

DAWSON V. HAY.

This was an acti,:n tried at the last Guildhall sittings,
before Lord Denman, when a verdict was given for the
plaintiffs.
The plaintiffs are the well-known advertising agents,
and they brought this action to recover the payment of
an ;,mount incurred on account of the Shrewsbury and
Leicester Direct Railway Company, of which the de-
fendant was a provisional committeeman.
Nr. TErdriA; moved fur a rule to show cause why the
verdict should not be set aside, and a new trial granted,
on the ground of misdirection, arid of the verdict being
against evich,nce. Ile contended that ro evidence had
been adduced to show that the defendant had taken any
part in the uroceedings of the company of a kind which
could make him liable for its debts. He also argued that
the Learned Judge, in leaving it to the jury to say how
far the acts of the defendant were caVulated to lead a
reasonable man to suppose that he had authorised the
per:ms giving the orders to pledge his credit, was mis•
direction. His Lordship should have added, that to
make out liability, it was necessary that the plaintiffs
should have been aware of such acts.
Rule granted,
Lord DENMAN remarking that it was desirable that
the question should be argued.

BAIL COURT.—(THIS DAY.)
Justice ERLE, after bearing two unimportant
motions relating to points of practice, sat at nisi prius,
and disposed of several undefended causes which in-
volved no feature of public interest.

EXCHEQUER.-(THIS DAY.)
(Sittings in Banco.)
CASE OF WILLIAM COBBETT.

Mr. William Cobbett, whose case has been so re
peatedly before the Court, appeared under a writ of
habeas corpus to complain of the manner of his treat-
ment in the Queen's Bench Prison.
Atter hearing him at some It ngth,

The CHIEF BARON—Most of the arguments urged by
Mr. Cobbett have been repeatedly heard by the Court
and disposed of. The facts are these:—Mr. Cobbett is
detained under an attachment, and we have repeatedly
told him that it does net belong to us to deal with that
attachment, it having isued from the Court of Chan-
cery, which only has jurisdiction in the cage, and is
clearly competent to deal with it, if there be any
grounds for setting it aside. With respect to the
ether complaint, that he is detained in the
wrong prison, or in the wrong part of the prison, or
that the governor has placed him in class No. 1, the
question has bee❑ repeatedly settled and disposed of by
the Court. The true construction of the Act does give
the governor the right to place a prisoner in either class,
and if he keeps him in snore strict custody than he is
warranted, the redress is not by a habeas corpus, but by
an action ; and the Court believes that Mr. Cobbett has
already brought an action upon the subject of
his complaint. Under these circumstances ho
must return to the place where he has been detained
in custody, and I must say that I don't see what advert.
tage Mr. Cobbett has in coming regularly before one of
the Courts every term, applying for and getting a writ
in vucation, which he knew he would not obtain when
the Court was sitting in term. He has done this several
dines, and possibly he may do it once too often. It a
prisoner make an affidavit, and swear that he is
detained unlawfully in custody, I do not see how a
Jteige at Chambers can. refuse to grant a habeas corpus.
Pronably he is bound to grant one, but if Mr. Cobbett
chooses every term to persevere in making these appli-
cations, and thus waste the public time, he may find at
last that he does not do it without soma peril. He has
heard stated repeatedly what the law is, and it may be
at last that the Attorney-General may be called upon
to save the public time, and support the dignity of the
Court, which I do not think has been treated with re-
spect by these repeated applications ui,on the same
grounds.
Mr. COBBETT—I wish to make one observation, my
Lord—

The CHIEF BARON—Not one word, Mr. Cobbett—
not ono word—we have heard with patience what you
have had to say, and we cannot hear one word mote.
Mr. Cobbett again asked to be allowed to speak?

The CHIEF BARON (with some warmth)-11r. Cobbett,
I desire you to be silent. The Court desires you to be
silent.

The applicant then left the Court in the company of
the sheriff's officer.

VENTILATION OF THE COURT, - The judges, bar-
risters, suitors, and others in the court were subject to
the greatest annoyance and inconvenience this morning
in consequence of some portion of the ventilating ma-
chinery getting out of order, by which repeated gusts of
cold air were thrown down from the upper part
of the court, making every one uneasy, and
threatening the most formidable colds. Sir Fro•
&rick Thesiger interrupted the business to apply
on behalf of the bar for a little hot air instead of the
cold air which had been blown upon them so liberally
during the morning. Their Lordships gave instructions
to that effect, and directed all the doors to be closed, but
the entrance of cold air still continued, and their Lord-
ships were obliged to remain satisfied with the protection
afforded by the curtains upon the bench, while many of
the bar sought refuge in the other courts.

COMMON PLEAS.-(THIS DAY.)
(Sittings in Banco.)
The judges who sat in this Court were the Lord Chief
Justice, Mr. Justice Maule, Mr. Justice Cresswell, and
Mr. Justice Williams.
Only one case, not of sufficient importance to justify
a report, came under hearing during the morning, and
there being no other business betore their Lordships,
the Court rose at halt-past eleven o'clock.
Tile CHIEF JUSTICE intimated that if the Court were
in the same predicament to-morrow the old new-trial
cases would be proceeded with.

SHERIFFS' COURT.-(THIS DAY.)
(Before Mr. Under-Sheriff BURCHELL.)
ATKINS V. MANTELL.

This was an action to recover the sum of 3141., the
balance of a❑ account for goods sold. The plaintiff is
an upholsteier, and the defendant is the executor to
a parson named Walker. The furniture was supplied
between the years 1832 and 1838, but the plaintiff and
Mr. Walker being on intimate terms, no settlement was
pressed.
Mr. Atkins, a sou of the plaintiff, was called, and
proved the delivery of the goods, and that the balance
claimed was now due.

On the part of the defendant a number of receipts
were put in.
. .

The plaintiff's COUNSEL contended that as there NVE,II
no plea of payment, these receipts could not be received
in evidence.

The UNDER-SHERIFF said that. strictly speaking, they
could not, but he should think that it would be netttr
to admit them it they were found to be correct.
The Learned COUNSEL said there was a difficulty in
such a case, as it was impossible to say at once to which
account the receipts applied, as there had been previous
dealings between the parties to the amount of 1,0001.
TheUNDER• SHERIFF said that he would reject the
evidence, and take a note of the objection, if required to
do so.

The Learned COUNSEL questioned the witness, and he
said that the receipts applied to a former account due to
" Atkins and Giblet," although the receipts were given
by plaintiff, as he was to receive the partnership debts.
Ihe defendant's SOLICITOR then addressed the jury,
and said that the defendant had been driven to rejecting
the claim by the other creditors of the estate, which
would only, pay a dividend of 6s. Bd. in the pound on
their debts, and they were quite taken by surprise at a
demand being made. He also said that the whole of
the estate had been administered.
The UNDER-SHERIFF said, in the absence of a plea,
tnejury had nothing to do with the matter, and if they
thought the receipts had been satisfactorily explained,
they would give a verdict for the full amount.
Verdict for plaintiff.

BANKRUPTCY.-(THIS DAY.)
(Before Mr. Commissioner GouLnuaN.)
IN RE STOREY".
This bankrupt had carried on business as a banker at
St. Albans, and to-day was appointed for the choice of
assignees. The business of the day was confined to
taking profs, no account having yet been filed.

CITY IMPROVEMENTS.—Yesterday the Commis-
sioners for the City of London Improvements obtained
possession of the whole of the houses in Castle-court
Cloak-lane, north side of Dowgate hill, Budge-ro; '
Tower Royal, St. Thomas Apostle, and the numerous
courts and alleys intersecting, consisting of nearly 200
dwellings, for the formation of the new street from the
end of Walbrook to the Middlesex side of Southwark-
bridge. They are all now vacated and will be pulled
down forthr.ith. The commissioners have already com-
menced the widening of Cannon-street, the east side of
which, extending from Turnvrheel-lane to Dowgate-hill,
being already removed.
TAKING THE VEIL.—The solemn and interesting
ceremony of the reception of a young lady into the Ro-
man Catholic order of the Sisters of Mercy took place
yesterday in the chapel of the Most Holy Trinity, Par-
ker's-row, Bermondsey. The postulant, a Miss Watkins,
the daughter of wealthy parents, went through.
the usual forms of admission in the presence of many of
the hierarchy of the Roman Catholic Church and a very
crowded assemblage of spectators. The solemnity of
the service and the interest attached to the occasion
seemed to create feelings of the deepest sympathy iu the
breasts of all present.