The Sun.
London, England, 1840-11-17 00:00:00

HAWKER V. MARSHALL.

The COURT also gave judgment in this case, in which a
motien had been made for an arrest of judgment. One
ground on which the application had been founded was
misdirection, the Judge (Lord Denman) having told the
Jury that it was not necessary to prove the delivery of the
writ to the officer. That point, however, had never been
made at the trial, and there was no doubt that it would
have been proved if made. Oa the ground, however, of
the writ of capias having been issued after the 2d and 3d
of Victoria had come into operation, the rule for an arrest
of judgment must be made absolute.

BAIL COURT.-(THIS DAY.)

(Before Mr. Justice PATTESON.)
THE QUEEN V. 110LROYD.

Mr. BAINES applied to the Court to remove the pro.
ceedings against the defendant in this case from the Court
of Quarter Sessions in Yorkshire into the Court of Queen's
Bench. The proceedings had been instituted against
the defendant under Lord Seymour's ( Railway) Act for
placing an obstruction on the line of the Manchester and
Leeds Railway. The section of the Act alluded to enacted
that every railway should be considered as a railway
within the meaning of the Act which had been formed
under an Act of Parliament. Nov, the pro-
secutors, on whose behalf this application was
made bad good reason to imagine that the defence
which would be set up would be, that the portion of the
railway in question was not formed under any Act of Par-
liament, but was a deviation from the original line ; in
which case the Court would have to determine the con-
struction to be placed upon the enactments of no less than
three Acts of Parliament; and that, therefore, it was ex-
tremely desirable that the cause should be tried in one of
the Superior Courts.
Mr. Justice PATTESON granted the application.
NON-ATTENDANCE OF COUNSEL.

The COURT after hearing motions, proceeded to heir the
cases in the peremptory paper Case after case was put
off in consequence of the Counsel engaged in this being
engaged in other Courts, until at length,
Mr. Justice PATTESON.—The public is constantly COM.
planing of the delays which take place in the administra-
tion of justice, and here have I been sitting nearly an hour
doing nothing because Counsel are engaged elsewhere. I
will go through the paper regularly to-morrow, and I will
strike out all cases in which Counsel do not appear. It
is the only was to enforce attention to the business of the
Court.

EXCHEQUER COURT-THIS DAY

J (Sittings in Banco.)
THE GOVERNOR AND COMPANY OF THE DANK CF ENGLAND

V. RILED.

Sir F. POLLOCK showed cause against a rule obtained
for the defendants for the purpose of setting aside an out-
lawry obtained by the plaintiffs upon entering a common
appearance. They offered no other terms, and he was
astonished that such a motion should have been made to
the Court. The rule had been obtained upon the affidavit
of one of the defendants, from which it appeared that the
Messrs. Reed had carried on business in America during
the last seven years. That in the disastrous state of the
commercial affairs of that nation during the years 1836
and 1837, they were under the necessity of suspend-
ing payments, and that John Reed, in the August of
1886, came to England for the purpose of laying a
state of his affairs before their creditors. He re-
turned to America in September, and remained there till
August, 1839, when he again came to England, and
stopped one month, he then returned to America—that a
writ of exigeant was issued against them in the month of
February, 1838, under which a considerable sum of money
had been taken.
Mr. Baron PARKE—Is there any objection to pay the
costs?
Mr. CRESSWELL—CertainIy. He would show that the
whole of the proceedings were erroneous.
Sir F. PoLLocK—The action was brought to recover
7,4451. upon ten bills of exchange, of which the defendants
were the drawers, and which bad been deposited with the
Bank upon advances made by them to Wilson and Co.
The action was Commenced by writ of capias on the 23d of
December, 1837, mid their own affidavit showed that
they had been in England ,e 1839, and both of the defen-
dants must have been again in England in 1840, for both
had sworn to the affidavit, and at that time it was proposed
to go before a Judge at Chambers, but that would have
been inconvenient because, had the retlief been given even
upon the defendants own affidavits, OW Judge would have
called urn them to put in special bail, 1 t was therefore
delayed till the last week in term, slim the parties had no
doubt left the country. if such proceeding were sanctioned
no justice whatever could be enforced against foreigners.
The CoueT—There is no doubt that the defendants have
no right to apply to the consideration of the Court, with-
out paying the costs and putting in special bail;
Mr. CRESSWELL hoped the Court would hear a few
words he had to offer upon the subject. In the first piliee
the affidavit of debt was defective, and if it was so much so
that a party would be entitled to his discharge upon catering
a common appearance, surely it would not support proceed-
ings to outlawry. It was defective, inasmuch as it did not al-
lege that any of the bills were overdue at the time the
affidavit was made. That was an objection which, accord-
ing to many authorities, was fatal. There could be no
doubt that the outlawry was irregular, and might be set
aside by writ of error.
Mr. Baron PARKE—Undoubtedly ; but when you apply
to the discretion of the Court by motion, you must pay
costa, and eomply with such equitable terms as the Court
pleases to impose. The Bank must keep the money in
their hands under the outlawry.
Mr. CRESSWELL hoped not, for that would be going far
beyond any of the modern cases. The case of Hardy v.
O'Mera, in 7th Dowling, was a case exactly in:point,and
in i:, the circumstances being the same, Mr. Justice
Coleridge granted the motion as it was now prayed.
Lord ABINGER was clearly of opinion that the rule ought
to be made absolute upon payment of costs by the defend-
ant, and the Bank allowed to retain the money now in
their hands to abide the event of the action. It would be
unjust to call upon the Bank to
tugretrn the
were,oney and the
moreni
on
thatespeciallythe dan t
de
faesn thes m a
w j oerr iet y
notf hcalled
Court
upon
t opfuotpiin-
special bail. For himself he thought they ought to
be so called upon, and he thought there were spe •
cial circumstances in the case to justify it. The
parties bad been in England after the outlawry on
two occasions, and that without attempting to reverse it.
He had no doubt it had been delayed until the defendants
had again got out of the oountry.
The other Judges were of opinion that the defendant
must pay the costs, and that the money in the hands of the
Bank should abide the event of the action ; but they did
not think the circumstances justified them in holding the
defendants to special bail.
It was arranged that, unless the rule so pronounced
bills,uneed
were drawn up within a week, it should be discharged, and
that the Bank should invest the money in Exchequer
and lodge them with the officer of the Court.

fIOMNION PLEAS.-(THIS DAY.)

NTOLLASJON V. HAKEWELL.

It was an action for breach of covenants in a lease, and
was tried before the Lord Chief Juqiec TINDAL, about
two years ago, when a verdict was given for the plaintiff.
hi the' .1757, Lord Southampton granted a lease of
certain pr nnises to a person named llaygarth, for a term
,f 99 years: The term ultimately became vested in a
person name.i Hakewell, and the reversion of the premises
in the plaintitT. Hakewell died in possession of the term,
having first made his will, and appointed his wife, the de-
eendant, his ezerutrix, and soon after his death the action
brought P.Che defendant subsequently obtaient
as
chow. cause why the verdict should not bo s
uit entered.
p
'iy, aents in tnhdi this
resumed
w
me
ute of public interest.edteor..edanyrt heard on Sa-
ly

rule to ,
and a nom,
The argun.,
WidaY 4nd Mco-
Th 9 case
Lord Hill arri,,,?d
Srewsliurytlast week, arti
of hiencis since his arrivali,

qt Hardwieke Hall, near
• been catettaining a party

THE MARKETS.---(THIS DAY.)

COLONIAL MARKET_

The demand for Produce was dull, and prices of most
articles on the decline, but with no great quantity of any
article pressing for sale. British Plantation Sugar went
off very slowly, but not at lower prices than last week.
Refined Sugar met a very dull sale, and. in some few in-
stances lower prices were taken. Coffee in very limited
request, and to force sales lower prices must be accepted,
this the merchants do not seem willing to do, and scarcely
anything has been done. Rice in_ good request, and
prices looking up, with little offering.
TEA MARKET.

There was a limited demand for Free Trade, but in
prices little variation occurred at the public sale. The
:market was flat for Company's Congou at 23 4d , cash.
Large sales bale been declared.

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