The Sun.
London, England, 1841-01-21 00:00:00

ROLLS' COUR.T.-(THIS DIY.)

The Court was occupied during the early part of the
morning in hearing motions, none of which were of any
public interest.

QUEEN'S BENCH.--(THIS DAY.)

(Sittings in Banco.)

THE QUEEN V. THE BIRMINGELANI AND GLOUCESTER RAILWAY

BOMPANY.

Mr. WAKLEY moved in this case for a rule to show
causo why a writ of certiorari should not issue to bring up
an indictment which had been preferred against the Bir-
mingham and Gloucester Railway Company, at the Sum-
mer Assizes for the county of Worcester. One of the Di.
rectors hud been summoned to appear, and not appearing a
distringas had been issued, and some of the property of
the Company had been seized. The indictment was, he
understood, for not having complied with an order of Ses-
sions, in making a hedge pursuant to the provisions of the
Act of Parliament, and the S:ieriff having seized some of
the defendants' property, still retained possession of it.
Mr. Justice COLERIDGE—Don't you know what the in-
dictment was for ?

Mr. WAKT,Er—Not exactly, my Lord.
Mr. Justice Lirrt.iiinALE—You said you understood it
to be for disobeying an order of Sessions +?
Mr. WAKLEY—Yes, my Lord.
Mr. Justice LITTLEDALE —1 never heard of such a thing
before.

Mr, WAKI,F.Y—At the last assizes of Worc:ster, some
of the property of the Company having been distrained, he
( Mr. Wakley )had appeared and offered to plead, but the clerk
of the indictments said he could not receive his plea, and on
applying to Mr. Baron Parke he said he did not know how
the defendants were to proceed, but not in that Court at
all events. lie (Mr. Wakley) suggested whether the
indictment was not a nullity, and Mr. Baron Parke ex-
pressed an opinion upon it ; but at the same time recom-
mended him to remove the indictment by certiorari into
the Court of Queen's Bench. All he was desirous of was
to get rid of the indictment, and it was somewhat difficult
to say what course he ought to adopt.
Mr. Justice LITTLEDALE —Dues your affidavit state
what you believe to be the object of the indictment ?
Mr. Wm:LEY had applied for a copy of the indict.
merit, but could not obtain it ; but he was himself perso-
nally aware of the fact.

The COURT granted a rule absolute for a certiorari.

BAIL COURT.-(THIS DAY.)

(Before Mr. Justice WILLIAMS.)
CRIMINAL INTORMATION.—TIIE QUERN V. LOMAX.

Mr. RaVIS moved for a rule calling upon Mr. Lomax,
the proprietor of the Stockport Advertiser, to show cause
why a criminal information should not be filed against him,
for the publication of an article reflecting upon a Mr.
Foster, a member of the Society of Friends and a respect-
able tradesman, in the town of Stockport.-- He was also
Deputy Chairman of the asard of Guardians. It ap.
peared that the Board of Guardians had come to a resolu-
tion unanimously that the s3stem of paying rates by instal-
ments was highly prejudicial, and that the resolution be
communicated to the Magistrates, with a request that they
would abstain from ordering the rates to be paid by
instalments, and instead would fix a time when the
rate must be paid, or if the rate-payer in their
opinion be entitled to relief then, that they would
reliere them at once from all payment. An article sub-
sequently appeared in the Stockport Advertiser, stating
that the Board of Guardians had come to a resolution to
enforce the payment of all rates upon the first application
of the collector, and imputing to Mr. Foster, that he had
been most active in procuring this resolution to be passed;
that the resolution, signed by Mr. Fester, had been trans-
mitted to the Board of Surveyors, with a reqstest that
they would act thereon ; and that the Board, after hearing
Mr. Foster, had scouted the proposition. These representa-
tions, which were every one of them false, were calcu-
lated to do Mr. Foster great injury, and therefore ho had
applied to this Court tor redress. The whole of the alle-
gations in the libel were denied on oath.
Mr. Justice WILLIAMS did not think the pressure upou
Mr. Foster sufficiently strong to call for the interposition
of the Court. The Chester Assizes were at hani, when
his remedy would be open to him,
Application refused.

COMMON PLEAS.-(THIS DAY.)