The Sun.
London, England, 1847-02-08 00:00:00

AeKENNA V. PAPE.

This case came before the Court upon a writ of error from
the judgment of the Court of Exchequer Chamber in Ireland,
affirming a decision pronounced in the Court of Exchequer
there against the defendant. An action was brought by the
plaintiff in the Court of Exchequer of Pleas in Ireland against
the defendant under the following circumstances :—The
plaintiff in error is a publican, carrying on business in
Dublin, and is duly licensed under the 3d and 4th
of William IV., and the 6th and 7th of the
same King, to sell spirituous liquors by retaiL
to be drunk on the premises. Being desirous of taking out
a license as a tea-dealer, he applied to the defendant, who is
the officer of Excise for the Dublin district, to grant him a
license, having first duly complied with all the requisites of
the statute. The defendant refused to grant the license,
stating that the recent Act, 6th and 7th of William IV., in-
capacitated a publican from taking out such a license. The
plaintiff being advised that he was not incapacitated, brought
an action on the case against the defendant. The declaration
in that action contained two counts. The first alleged that
the plaintiff was a person duly licensed to carry on the trade
and business of a retailer of spirits, to be consumed on the
premises, and was desirous to trade in and sell coffee,
tea, cocoa-nuts, chocolate, and pepper, and for that purpose
duly made entry of a certain room in a certain house in the
Dublin Excise district. That the defendant was the collec-
tor of Excise for the Dublin district, and a person employed
to grant Excise licenses within that district required to be
taken out by persons carrying on any trade or business sub-
ject to the Excise laws. That the plaintiff being so licensed
to retail spirits, and being entitled to receive such a license,
applied to the defendant for a license to trade in coffee, &c.
That he paid to the defendant the amount of duty legally im-
posed upon such license, and demanded from the defendant
that he should grant him such license ; but that the
defendant disregarding his duty in that behalf,
refused to grant the plaintiff the license he required. The
second count was similar to the first, with the exception that
it alleged a tender of the amount of duty instead of payment,
and also stated that the plaintiff was a person duly licenced
to carry on the trade of a retailer of spirits to be consumed
on the premises, but not to sell spit its to any other retailer.
To these declarations the defendant demurred generally, and
the plaintiffjoined in that demurrer. The case came on be-
fore the Barons of Exchequer in Ireland, when the question
raised between the plaintiff and defendant was, whether or
not it was the duty of the defendant to grant
to the plaintiff the licence he roquired, the de-
fendant contending, that by the true instructions
of the statutes the same person could not hold a licence to
deal in tea, coffee, &c., and a publican's license ; and that,
whichever was first obtained incapacitated .the party from
obtaining the other. On the part of the plaintiff, on the
other hand, it was argued, that a person licensed to deal in
tea, coffee, &c., was not by the statute incapacitated from
holding the licence of a publican, and that a publican was
not incapacitated from obtaining a license to deal in tea,
coffee, &c. ; and that, even if the defendant's view of the
3d section of the 6th and-tth of William IV. was correct, that
the business of a publican and tea-dealer could not be carried
on at the same time by the same person, such a fact could not
authorise the refusal of the defendant to grant the license.
Judgment was given for the defendant without any more
formal argument, in order that the opinion of a Court of
Error might be taken, and the matter brought to the House
of Lords for its consideration and final judgment. A writ of
error was brought in the Exchequer Chamber in Ireland, and
the decision was affirmed, and from that judgment the pre-
sent writ of error was brought.
Mr. Napier, of the Irish bar, and Mr. Peacock were counsel
for the plaintiff in error, and the Attorney-General and Mr.
J. P.Wilde appeared for the defendant.
The arguments on the case occupied their Lordships the
whole of the morning.
LORD CHANCELLOR'S SITTINGS.
It is generally understood to be the intention of the Lord
Chancellor to sit in the House of Lords to hear appeals on
Mondays, Tuesdays, and Thursdays, and in the Court of
Chancery on Wednesdays, Fridays, and Saturdays.

ROLLS' COURT.-(THIS DAY).
His LORDSHIP was occupied all the morning in hearing
motions, which were of no general interest.

VICE-CHANCERY-(THIS DAY.)
(Before the VICE-CHANCELLOR of ENGLAND.)
His Honour the Vice-Chancellor of England sat in his
Court in Lincoln's Inn to-day and heard niotions.

ALLEN V. WILLIAMS NE EXEAT REGNO.

Mr. C. HALL applied to-day in this case for a writ of ne
Exeat Regt o against the defendant under the following cir-
cumstances. The bill was filed by the plaintiff; a lady, named
Allen, against the defendant, for the recovery of a legac3 of
90/. The plaintiff was also entitled to two other legacies of
a similar amount bequeathed to her two sisters, who had since
died. The defendant was the executor under the
will, and the affidavit upon which the applica-
tion was made stated that, after giving credit to the
defendant for the expenses he had been at, and the money
received, he was indebted to the plaintiff in. the amount of
1841., and 301. for interest. The affidavit further stated that
the defendant Williams had offered the plaintiff 88/. to com-
promise the suits, and that upon the plaintiff's refusing to
accept that sum, in order to terrify her to do so, the defen-
dant had, with an oath, stated that he knew be would be
defeated in the suit; that he had no ties in the country, and
that he would resign his living, put on his hat, and take the
first railway and go to Belgium ; that he would not go
to America, where, by the international laws of the
two countries, he should be made amenable to the
defendant, but that he would go to a country where the law
could not reach him, and that he would never pay to any
of the plaintiffs in this cause a single shilling of their demand,
and that he repeatedly affirmed this with an oath. Under
these circumstances the Learned Counsel trusted his Honour
would grant him the :Ne exeat Regno marked in the sum
of 214?.
His Honour immediately granted the writ marked with
the required sum.

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laiwil•
This being the plaintiff 's case, the Learned CimixsEr-, 011
the part of the defendant, submitted to the Court that the
plaintiff must be nonsuited upon the following grounds:--
First, that Collins having undertaken to procure the insertion
of the advertisements upon being indemnified by the board,
that he, Collins, sad not the defendant, was liable.
The Loin) CHIEF BARON, on this point, recalled the se
cretar), who, in answer to his Lordship's question,
stated
that Collins failed to get the advertisements inserted- and
therefore he, the secretary, gave the necessary instructions
to the plaintiff.
Upon this the Learned Counsel for the defendant still
urged the nonsuit upon another ground, namely, that
Dickinson had no authority to pledge the defendant's
credit; further, that Bradley had intended the sum of 101-
to cover contingent disbursements, and declined to beeeta?
liable for anything beyond that sum. The Learned Counsel
further submitted that this was not the plaintiff's action,
but that of the company suing their co-director, the de-
fendant; that there was no evidence to go to the jury-
The LORD CHIEF BARON said he would reserve the p9lnta
raised by the defendant's counsel, but that he was of opinion
there was abundance of evidence to establish the defendant's
liability, and he would put it to him, the defendant's counsel,
whether he had not better address the jury.
Upon this some discussion took place between counsel upoft
both sides, and it was ultimately arranged that a verdict
should be taken by the plaintiff for the amount claimed, viit,ll
liberty for defendant to move to enter a nonsuit if these All"
should be of opinion that the plaintiff ought to have been
nonsuited.
Mr. Watson and Mr. W. Ogle appeared for plaintiff, 0.114
Mr. Hoggins for defendant.

CRIMINAL COURT.-(THIS
OLD COURT.
(Before the RECORDER.)
James Manning, James Shanley, and George Smiths alias
Houghton, were indicted for a burglary in the house of .
George Haynes,i J 3"
in the parish of St. Pancras.
Mr. Haynes said that he was the master of the prigniert
Manning, and that tbe latter must have been cognizant tlln
there was a considerable quantity of copper coin in the slin9
on the night when the robbery was committed.
W. Hayden, a butcher boy, deposed that about ono o'clock
in the morning he saw the prisoners Smith and Shanlei
coming out Of Mr. Hayne's shop- door with two bags tit
appeared to be very heavy in their bands, and that alnin
immediately after they had shut the door Smith's hat feu
off and a quantity of halfpence rolled out of it. He idellw.
fled the prisoners.
Police-constable 195 G stated that he took the prisonerii,
into custody at a coffee-shop in Wortley-street, and that Dv
found the sum of 2i.185. 43/4d., of which he took possession'
Former convictions were proved against Shanlev and S coithci
The jury found all the prisoners Guilty, and Shanley an
Smith were sentenced to ten years' transportation, and 105
ning was sentenced to twelvemonths' imprisonment, witib 10'"
labour.
George Simmons, a pork butcher, was indicted for mails
and maiming Sarah Woods, with intent to do her OW
bodily harm. elit
It appeared by evidence of the prosecutrix that slut vi
into the prisoner's shop to buy a saveloy ;that some diffurle
arose between them, and that while she had hold -0;:he
saveloy the prisoner struck at it with a cleaver and cut ton
end of her finger.
It was contended, on the part of Simmons, that this who
quite an unintentional act, and the effect of accident. '-
jury believed him, and he was Acquitted. 'lOl
This concluded the business of the Old Court ; the 116
were dismissed, and the sessions were adjourned till tI3B
of March.

SURREY SESSIONS.—(THIS DA-1;i!
THE RICHMOND RAILWAY—RIGHT OF PA.TIL---9[lllsingt
an appeal made by the Richmond Railway Company I'4, of
a conviction of two justices of the peace for the cottlfb,o
Surrey, for obstructing a pathway called " Wright's 'Ptah
leading to Church path, Richmond, Surrey. The P—po
authorities prosecuted and obtained the conviction, btt
process was served until after the decision of this appes 1,
Mr. Bodkin and Mr. Taylor appeared for the resporodem4
and Mr. Locke and Mr. Corner for the appellants. bosh
The Csatumas, having heard the arguments oil the
sides, said that the parish had acted strictly legal, al te
Bench should, therefore, confirm the conviction of the sin,
trates, with costs.

COURT CIRCULAR.
WINDSOR, SUlTDAY.—Yesterday morning the Qtw--4 and
Prince Albert took walking exercise in the siopo'
grounds around the Castle. „toe
Their Royal Highnesses the Prince of Wales, •••`•W
do'
Alfred, the Princess Royal, and the Princess Alice tools
ing and pony exercise yesterday.
Her Royal Highness the Princess Helena was Woe° all
airing yesterday. t
His Royal Highness Prince Albert hunted Yes • all
morning, accompanied by Count Alexander Mensdod:
attended by Lord Camcys, Mr. Anson, the Hon. C-$P
Boyle, and the Hon. Captain Gordon. oil
Viscount Morpeth arrived at the Castle yesterday '
visit t o the QI; oueen. led°
The royal dinner party at the Castle, yesterday, -de
her Royal Highness the Duchess of Kent, Count Ale° t,
tba
Mensdorff, the Lady in Waiting of the Duchess of 1C12.0011
Baroness de Speth, Viscount Morpeth, the Viscountessisl
and Mr. Vaughan, Captain Lord James MurraY,
Mrs. Ralph Neville, Mr. G. E. Anson, Sir George allcipael
Couper, General and Lady Isabella Wemyss, and Led,'
H The band of the Ist Life Guards attended during tue
Her Majesty's private band performed the remainder
evening. al Consort tom'
This morning her Majesty and heir 11°Y
their usual early walk.
The Royal family took walking and pony
forenoon in the ounds around the Castle. letnen of
The Queen and Prince Albert, the ladies and gent .
the Court, and the domestic household, attended divo.
service to-day in the private chapel of the Castle. nett°.
and Rev. C. Leslie Courtenay officiated.
A deputation from the merchants and planters of Ceylon,
consisting of Mr. Samuel Gregson, Mr. P. W. Austrutheri
Mr. J. G. Frith, Mr. W. H. Thomas, Mr. R. Christian, 111)-
Mr. J. S. Stopford, had an interview with Earl Grey
e_xercise this
Saturday, at the Colonial-office. The deputation
headed by Mr. Pattison, M.P.
Dr. Ferguson and Sir Benjamin Brodie had an interviel
with Sir George Grey on Saturday, at the Home-office.
A deputation from the Health of London Associtties,"
consisting of the Rev. M. W. Lusignan. M.A., Dr. W•
lius Pettigrew, Dr. Hector Gaoni, Dr. Evans Riadore, Dr,
g°,
Barnett, Messrs, P. Brandon, Thomas Abraham, J. F. Cater'
Joseph Rogers, M. Davies, and Thomas Brett, had ell inf
view with Viscount Morpeth on Saturday, at the office%oo
Woods and Forests, in Whitehall-place. The dee; sy
presented to his Lordship suggestions for the heads 01
natory Bill for the Mtropolis. shire
The Earl of Powise and a deputation from the ShrogoollG
Union Railway Company had an interview with the faro,
lion. E. Strutt, on Saturday, at the office of the Coll
sioners of Railways, in Great George-street. aerrice
The Duke of Wellington attended the earlY,ey.
yesterday in the Chapel Royal, St. James's. The .7:te
av
Wesley officiated, and preached the sermon.
service the prayers were read by the Rev. Dr• vY e5.45/i A%the lessons by the Rev. Mr. Helmore. The se"-so,
preached by the Rev. Mr. Bouverie. The antheml/sided
worship the Lord" (Hayes). Sir George Smart Pre, fjacW
the organ. The Bishop of London administered Ow. ore'
ment. Lords Salisbury, Listowel, Ebrington, and
ham were among the nobility present. yob/
The Bishop of London has appointed Mr. R. fool
Gentleman of her Majesty's Chapel Royal, in 00
the late Mr. E. Hawkins.
The Marquis of Lansdowne left town on Saturday.
—Ai,

MEETING OF THE IRISH PAIY:,tI/°,
There was a very numerously attended meeting, rpeee
Irish party" on Saturday, at their apartments in 010 „oe
yard, Westminster, specially convened for the Pr,r'n.jetel':
considering the Bill introduced into the House of tAtieberif
by Lord J. Russell, Sir George Grey, and Mr. Lallotictlo
" to make further provisions for the relief of the "
poor in Ireland."
Lord Monteagle was called upon to preside. A Cloielli°11!
Among the Members of the Houses of Peers and
present were—the Earl of Mountcashell, Viscoou'otir,
raile, the Earl of Fingal], the Marquis of Sligo,
nth:ll, Pjr;
of Conyngham. Lord Clements, Mr. D. (‘,eiveeenee,leit
G. A Hamilton, Mr. W. S. O'Brien Mr. D.
jun., Mr. W. R. Collett, Mr. Robert Dillon Browue,lloo,
Acton, Mr. Robert Archbold, Sir H. W. Barron, `
Butler, Mr. Daniel Callaghan, Mr. O'Brien, 151r,s'
Power, Mr. Edward Grogan, Mr. William HenrY
Sir Thomas Esmonde, Mr. F. French, Mr. H. Grat'le,o
James Kelly, Mr. Anthony Lefrov, Mr. John
Ralph Osborne, Captain TaylorM. To"e'riatie;
The Noble CHAIRMAN read the clauses of the Bill se" f
It was generally agreed that the present Po''',*er4oop°,°l;of
guardians were not sufficient for the due relief or sto ''of
and there appeared to exist an unanimous opini°ll:o-0191-0,:l
necessity of empowering and requiring union dot,' r
guardians to relieve destitute persons permanently her
in
by old age, infirmity, or bodily or mental defect, ei,,t'!,nt•ac
out of the workhouse, as might be considered escPe°-tesi td'
Upon the second clause of the Bill, which eur,,, Ce,v
the guardians might be authorised by the l'oer-..tane'iii
missioners to give outdoor relief to persons not Pe."-ntioiPor
disabled, there was considerable discussion. Tli„8
stork
of extending this mode of relief in food, save,'"„opor`-,410
sudden and urgent necessity, found a number 01 s-t;i4004'040
but there were some who expressed themselves tri,„r to fr,ife
to the Ministerial proposition in terms almost sin," guss:of
which they declared immediately after Lord kill' goo'
exposition of his projected Irish policy in the
1'6'04
Commons. re'l otlif
The fourth and fifth—save as to the number . seve,ol,
officers that might be deemed requisite—aild';'osiae't of
and eighth clauses of the Act were brieilY ;tee 0 Do
The ninth clause, which provided that all relief g'stwelatio
the workhouse under the provisions of the At„ ana,ta Do
charged upon the poor-rates of the whole oellol°';',,boil'4
no relief given under the authority of the AC' rity
ministered out of the union to which it was chergai oasjeoct
an animated and protracted discussion. The rebie tot
of Members present declared themselves favourtiresent,:ol
determined to support, a continuance of the Ilia elem
tern of taxation by proportionate assessment on of °l'
districts. e nledB la
It was generally admitted, however, that th _ wee tije
sessing the poor's-rate should only last until ther_e,es
mono leisure to effect cautious and salutary oh"'
„ref.
distribution of taxation. felief -101
The clause rendering the administration Tel vet' to.
the Act subject to the direction and control onf tne,eioge
Commissioners having been duly and control an 4,oity_nitteiliect
ranged that Ministers should be with which L;Tarri-ote,°4
to the full extent of the powers with it s to 1,0. c
Ilteloinnvteensgtitel:eman,dtheanthaand
jkosnorfnnatheenmt esehttonrgti3w,erafe vote dg toy

place. ______ -,....----------"---
_------goo.
The Right Honourable the Speaker of the -poll'
of Commons gave his second full-dress Parliallie 000'
banquet on Saturday last, at his mansion in Eatoal Oa
The following. noblemen and gentlemen cotistitutet tila
circle :—The Right Honourable Sir Robert Feel, 13,111,ib10',i
Graham, the Right Hon.
Earl of Lincoln, the Right Honou • ble Henry ",°..-jtieri,
,the Righte ~oinerset, id',
the Right Hon. Sidney Herbert,ilt Hon. ;5-" 1,00"
Lord Granville 0
Ernest Bruce, the Earl j
w.
Bie
reirmyn, Lord eNtiliasfeloeus ItVegilessl;
the Right Hon.
lion'''
the Right Hon. Lieutenanita-lolßonaerMawson 1•31T1/ rirl
gas,
RightOo•il Hun.l Sir George Clerk, the Right on lityroi;
ilenr:s.i". moils,
well, Mr. Youn Mr*. C.lOlO
Manners Sutton, lion.
Douglas, R.
Gordon,on*li* Hon. James StuartWortley, ~S*,r, ,''Seari,
Bart., Sir F. Thesiger, Sir Fitzroy; B-ell; COail
Admiral Bowles, Mr 'l'. Greene, Mr. 11. 13arina, I‘l • eitV,
officiated in then Oom ofrtiliesilev. G. T. Andrews, cliaP,,-d )/P
the Speaker, who was absent from indisposition) a'
Lefroy, secretary to the Speaker. at'
0 eat' i'
Sea W. GOSSETT.--The respected per
cue
Arms of the House of Commons is ataerg fr°o m
tion, at his seat at charity, iiellt• ,
the Rev.. Edwardßeptol.ja if