The Sun.
London, England, 1812-11-19 00:00:00

FRY V. MALCOLM,

Mr. Serjeant SHePHERD sbewed.cause against a
ilule moved for by Mr. Serjeint BEST, in this
case, in which it was to be shewn,' why the bail
bond should riot be delivered up, in order to be
cancelled, and vae costs ofarrest paid. The ques-
tion here was stated to be, whether an action
could lie against the defendant on an interlocutory
judgment on a Rule of Court, in which the costs
amounted to 15/. odd. The Learned Serjeant
contended, that a debt being created by an order
of the Court, an action must legally lie, as in any
othc.r debt ; and he, apprchended; that such a
debt Might even be proved under a Commission of
Bankruptcy, though he did not know of any att-'
thority to that.etrect. . fie also quoted the maim-
rity of the Case_ of " Rana v. Green," Coope;"s
I.l4pots, .4741, in which an action of Bssv.mpsit
was
.brought, founded on an order of the 'Lord
.Chancellor and two Chief Justices,' upon a private
Act of Parliament ; and to put the case of an
award by any of the Judges, ~as all tending to
establish the right of proceeding by action in this
.
case.

Mr.Serjeant BEST contended, on the othe(sidc,
that the debt in this case grew out of the power
of the Court, which had also direc'ed the mode by
which ,it was
.to he recovered, namely, by attach-
ment.. He denied that the case of " Hann v.
Green " was 'analogons, and quoted the case of
" Ennnerson V. Ashley,'' 2r. enr y Blacicstomif
Rep. 248, as bearing direct; y upna the question.
If this practice was tolerated, the most enorinou:3
abuses rcitght grow out of it,. and where costs
were awarded to the amolb:lt of fit'e .pounds, fifty
might be, incurred, witnotb. any means of redress.

Lord Chief _Justice MANSFIELD said, that. the
question . upon the, Rule cc:As pot simply whether
an action could be maintained here, but whether
the defendant could be hoHL:n,to bail. , The Court,
'at least, should relieve tbe defendant so far, and
it the plaintiff was not,satisiied,_he'could Sue out
a writ of Error, and -continue his action. The
grounds for such actions anise every day, andret
no .one o'er heard of any, thin,c of the kind,- and,
according to the Reports..whicb had been cited, i:t
seemed to have been decided, absolutely, that no
such action would lie—the Rule Must, thereiore,
be made absolute.

Mr. Justice GIBBS expressed his coincidence in
this decision, and die 'Rule was accordingly made
absolute, with costs.

, BOUNAPARTE'S last Bulletin affords a most fell-
citouS illustration of the species of writing, usually
deSip,nated as the " art of sinking:" ,
Not long since, it was promulgated throughout
the French army in Spain, that no Spanish Officer
who might be .taken prisoner shouk, be treated_ as
an Officer, unless his commission ,was signed by
the late King of SPAIN. When Mr. WELLESLEY,
our AInbASSadPS, .heard of it, he caused a procla-
mation to be
.issued, stating, that no French
Officers taken prisoners should be treated as such,
unless their commissions 'were signed by the late
King of France, Louis XVI. This retaliating
measure induced the French Commandant to re-
scind his vile order.

FIRE AT THE PANTHEON.--About three o'clock
on Tuesday morning a man in possession for an
execution was 'awakened by the cracking of wood,
'and on going up stairs to the Oxford-street toom,'
he found the floor on fire, directly facing. the
passage leading fty the Box staircase. Ma. Wand,
who usually conducted tire Balls and Masquerades,
and a person of the' name of Graham, who 'MIS
formerly house-keeper, b'cing do the spot very
early, and well-knowing the structure of the
staircases and building, gave such directions to
the firemen, that by their exertions this beautiful
Theatre has been saved 'from total destruction.—
Their first act was to secure au engine-pipe to the
top of Mr. Wyatt;s house- adjoining, Which in a
great degree commanded the fire; the next to se-,
cure a ladder for the' firemen 'to get on the top of
the 'portico ; and thirdly, to obtain entrance' ikto
the house by the Poland-street door, to get ,at the
fire in the rear. There it was that all the danger
was apprehended; the passage, was on fire; and
fast burning towards
,the Theatre, and w4here the
engines could not command ;, but by applying
buckets of water, it was kept ,under for some time.
They examined, the teservoirs, and found no
water in than, though they must have been full
only eight houri before, :and the cocks were
turned off. They, next ascended the roof, and
soon made a report to the firemen, that the roof
of the Octagon . Room, was all on fire under the
slates. By very great exertions, much to the
credit of about eight firemen, they completely un-
tiled it:; when a dreadful conflagration -burst
forth, at•the moment when it was supposed by
those in front that the fire was got under. The ,
firemen on the top thought nothing could save the
whole building ; but the Westmlitster engine,
that had been so judiciously placed on the top of
Mr. Wyatt's house in the early part'of the tire,
being again set to work, in half an hour the
flames were entirely subdued. Had it not been
for this engine, nothing could have prevented die
devouring element from entering the
,Theatre,
which we are happy to say is not in the:least
in-
jured. It is impossible at, rresent to Say bow
the fire happened, as there had been no fire nor
candle _in the room where it began for• some
• months.

Powers, the successful pugilist, arrived in Lon-
don the day after the fight, much disfigured but
Carter is not yet removed.