The Sun.
London, England, 1813-11-26 00:00:00

1101;til.: OF C;ONINIONS,

A new Writ 'Was ordered for the borough of Ile} den, in the
room of t:. JOHN:IreNr., Foe,. deceased.
• • Mr. I.o(.li.liAlt.T presented it Petition from Itrinivent
Ilebtort confined in Lancaster gttol..
preitlited n l'etition front severni
Debtors confined in Lbc Lillie* Bench Prison, compluitiinji, of
and and playing relief. The Petition
ordered 1i; 1k on ttm table.

Ttie Mat.iie Mid my Billothe 'Sag I)r;twback Bill,atl the
Mathier Duijeb jitli a first time, unit untered to be
read a Necond time to-niorrow.

Accounts were presented of the net produce of the
nem and War Tuxes of the years 1811 and tam ; and of the
pro.' oce of the I.)tities ort Leather. .• ' • -
The Scotch Distillery License Bill, the Subsidy Bill, anti
the Seats in Parliament Bill, Were read a third time, and'
passed, •
11r. IDLE gave twtice of a motion for to-morrow, relating
to East India Sugar; but oua conversation with the tlioneer-
lor of the Exchequer, he withdrew his notice, With the con-
sent of the !louse, and moved for tlke following aecounts,
1. roe au account of the Sugar imported for .t he last tett
sears, re-esportrd, and retained for 1101.11! (I,liSinilpti..ll.
Pot on ACC-Unlit of the Prices during tbe same period. 3. Anil
of the i'rt,..es of West India Sugar." Which were accordingly
'ordered,
Mr. Et 7SI liNcrroN moved for, and obtained leave, to bring
in ;. Bill to amend the Act (d the 40th of the King-, for the
hettQr prevention „f frnids in the I-fop
ifelstois was read a timid time, and the
I'Vestruinster e Bill and thr London Militia Bill were•
etch read a second little, itritereit to he committed for to-
iti.)rrow.
The Bill ani:,nicittip.,- tlae Goth Begiment, the Militia Set-
jeanti Bill, the 11111 fin' :intending the Act respecting•the
terrhanitr of tt.e Eti,slish and Irish and the Local
Slilltist Volunteet nig. Bill, were frad a second time, and Com-
atitleit for to iiiiarov...—The other Orders of the Day were

LAW INTELLIOENCE.

COURT or .KING'S BENCH, N0v.,2:.

MQIUUS V. Sltt P. BUOIETT.

Mr. BROUGHAM slimed cause against a rule
which bad been obtained, calling on the defendant
to silent cause Why there should not he a new
Ilia'. As the arguments adduced by the Counsel
on ,Moth sides were touch the saute as those em-
ployed when this case was formerly bronght on,
we shall tontine ourselves to rep:ating the judg-
meat of the .Court upon the present occasion.
The Court were unanimously of opinion, on
. the fullest consideration of the Act of Parlia,
went, -that the Plaintiff was not entitled to re-
cover. The legislature had decided that certain
booths should be erected., anti that the expences
should be defrayed by the candidates. When
the legislatnre used that expression, it regarded
what ordinarily took. place, that there would be
candidates ‘vho would offer themselves, io the
common acceptation of the word. The word candi-
date, in-its ordinary sense, undoubtedly meant a
person who %vas a suitor: The legislature bad
not contemplated such a case its the present, when
it person was elected without his knowledge, and
against his will ; and such a case was .therefore,
not provided for. The only question was, whe-
elie!' the case was within the intention of the le-
gislattire ; and it was impossible to say that it
Was. it would 'be an infinite hardship; if any
person, either. through spleen or ill-judged plea-
santry, might, by naming any person as a candi-
date, burette!) him, with a very heavy expellee.—
The Art li ud imposed the burthen of erecting the
booths on the High Bailiff, nod he must bear. it,
uniesS he -could fend persons ‘vithin the meaning
of the Act on whom to place it. The legislature
had not used 'words sufficient to . include• the de-
fendant, and the Curt could not strain the mean-
ing- of the Act. Every person appointed under a
commission was bound to serve : a person ap-
pointed a serjeant-at-law, must take the
.office
upon hint ; a person elected to a seat lit the
'louse of Contraoth, must serve.; or if they re-
fused, they were. undoubtedly liable to- be pu
Imbed. It would be too much to attach a heavy
expellee cm a person as a candidate, who had done
no act directly or indirectly to tuake-one.i•
Rule discharged.

COrths OF CHANCERY, Nov.

Ex-pMie STEWART in the Matter (If BRYANT, a

13atikrupc • . •
• This was a Petition by Stcwart, the petitioning
ereditfir to remove the assignee.
It appeared, that ter some proceedings under
the commission, the 'bankrupt had presented a
petition to supersede it,on the groural_that he was
.110 t subject to the bankrupt laws. The Chancel-
lor directed an issue to try the validity of the com-
mission, ,and it was found valid. ”ryitnt was
stilted to be in the custody or the Marshal, for not
having passed his last examination ; hut by the
indulgence of • the 'Marshal was sntreitd to be at
large.

The ground on which the Chancellor was pe-
titioned to remove the assignee, was, that the as-
signee, being himself no creditor, had been negli-
gent in carrying the Commisiort into effect. The
petitiQuing creditor had been obliged to tzaipport
the commission when the petition 'vas presented
to supersede it ; and hat] also been obliged to de-
fend the commission nt law, for which the Chan-
cellor had ordered him hi 4 costs as between 601i-
citor and client.

The defence was, that the petitioner had done
only what it was his duty, and not that of the as-
signee to do ; and that the assignee ought •not,
therefore, to be removed, as leis hands had been
tied up by the Chancellor, who had suspended
proceedings' underthe commission, till its validity
was determined.

The CHANCELLQR, however, thought that there
11;n1 been negligence in the assignee, subsequent
to the verdict in favour of the validity of the coin,
mission, and that he ought to he Temoved. The
Marshal, ton, he thought liable to an action, for
suffering the bankrupt to be at large.