The Sun.
London, England, 1841-03-16 00:00:00

LAW INTELLIGENCE.

ROLLS' COURT, MARCH' 15

BOURNE V. THE PENINSULAR AND ORIENTAL STEAM

NAVIGATION COMPANY, AND HARTLEY.
This was a motio❑ on behalf of the plaintiff for an in-
junction to restrain the defendant, Hat t'ey, from selling or
transferring three stem-vessels called the Brag,anta, the
Royal Tar, and the Tagus, to the Peninsular and Oriental
Steam Navigation Company. The object of the cp;
li-
cation was to prevent the defendants from vinliting ah
agreement into which the pl 6r:tiff alTed they had en-
tered with hint,tlte plaint if being the patentee of al inven-
tion for itnproVements in steam machiner:•, and which
improvement it was said, the defendants had engaged to
apply -to certain vcsstls bellnging to them, and to pay
to the plaintiff, as a remuneration, nne-third of the
amount of the saving of fuel which might be made by
means of his machinery.

We defer a detaCd report until both sides shall
have been heard. The case, in which there is a great
mass of conflicting evidence, is likely to occupy a couple
of days.

ASSIZE INTELLIGENCE.

11031 E CIRCUIT —3l.4insrdxm, MARCH 15.

This being the day appointed for opening the Commission
of Assize for the county of Kent, the Learned Judges arrived
at Maidstone about two o'clock, and the Commission was
opened with the usual formalities.
There are oae or two serious cases f:r trial, and among them
is a charge of murder on the high seas. The cause list is
also somewhat heavier than is usual in this county.
Lord Denman will sit on the Civil side, and Mr. Baron
Parke is to preside in the Crown Court.

TVESTERN CIRCUIT—ExicaRn, MAncu 13.
The commission was opened on Thursday by Mr. Justice
Erskine, who was met a short way from the city by Air. Harris
Arundel, the High Sheriff. We have been accustomed to have
a certain degree of pageantry attached to the office of High
Sheriff, and for a long series of years were blessed with a mo,t
grotesque and oril,inal Captain of the Sheriff's troop, the
" noted and quoted" Captain Cooke. The Captain's commis-
sion was withdrawn a few months since, and he was gathered to
his fathers. There was no successor to be found worthy of his
glory, and thos, who want to see a vivid portraiture of this
original genius may consult the Every-Day Book of Wm. Hone,
who has handed hiin down to po.terity with a perfect truth to
nature. The absence of the Captain gave an excuse for the
curtailment of the pageant, which Mr. Arundel very properly
availel himself of, and it. is to be hoped that future nigh
Sheriffs will cut down the useless mummery, and, by following
the example of Mr. Arundel, lay the foundation of a whole-
some and salutary reform.
The subject, however, has cau-tel some little discantent, for
this torn foalery of the javelin men was considered a " lime
honoured institution," awl if it had not suited the convenience
of the Tory Air. Arundel to upset it, we should have had a
tremendous outcry in the event of any Liberal Genleman
having undertaken the desecrating job. The Western Times
noticesthe affair in the f Mowing pleasant vein :
THE ASSIZES.

‘f. Mr. Justice Erskine entered the city yesterday. We had
but a sorry ceremony of introduction, for the High Sheriff, Mr.
Arundel, had not done the thing in that stylish manner which
his princely disposition had led many persons to anticipate. A
carnage and four proceeded out en the London roaA, in which
the High Sheriff awaited the approach of the Judge. There
was nothing very magnificent about the turn out. It might be
all dickey to the sheriff, but there was no dickey to the car-
riage, and so, instead of the broad based full-bottom wigged
coachman, we had two lank postilions •springing .ith
professional ela,ticity quite 'unworthy of the dignity of the
occasion ; and there was no gay cavalcade of staunch
yeomen and smart tradesmen to gave weigh ito the mission
of the Qracen's representative—twelve simple horsemen, pre-
ceded by three trumpeters, composed of bound bailiffs, and the
County Clerk, Mr. 1). Moore, and the Under Sheriff, Mr.
Charles Brutton, were all the mounted men who were trotted
out on the occasion, and these having descried the Leatned
Judge, received him with all solemnities. The trum-
peters then galloped back from Heavitree gallows " full
chisel," as Mr. Slick would say, leaving the bound baliffs and
Mr. Brutto a to bring in the Judge and Sheriff at a more
orderly and becoming pace. The trumpeters having got back
to the foot of Summerland place, there found several jave-
lin risen disniounted, their horses being knocked up by the
" epizootie," now so prevalent —(a new name for an old
disorder, which teas better in the farrier's bills, and firms
part of the veterinary art.) '1 he bound bailiffs were all
well mounted. We believe most of them owed their
horses to the High Sheriff, who had done much to set them
up on the occasion. You ma) travel a good many miles
before you will see a finer looking man, with a more generous,
frank and gentlemanly bearing than Mr. Harris Arundel, the
High Sh•-riff of Devon, for this blesged year of grace—and on
the present occasion, arrayed in the showy garb of a Deputy-
Lieutenant, he looked magnificent. 'I he javelin men were
headed by Mr. Howard, one of our pluralist policemen—a very
humble apology for the late Captain Cooke, who for so many
years headed this renowned band, the pride and glory of past
shrievalties. It ever departed spirits be really permitted, as
the ghost of the good King Hamlet averred, to revisit the brief
glimpses of the moon, we do not envy the feelings of the ghost
of the late gallant chieftain on this occasion. Had Captain
Cooke lived to sec this day and this turn-out, he never could
have survived it."

Notwithstanding the lingering affection of the Western
Times for this ancient noodleism, the public will rejoice to see
it curtailed, and I understand that the High Sheriff of Cornwrll,
Mr. Gill, of Pickham, in this county, intends to show the
Cornishmen a turn in this matter, which will astonish them.
Mr. Gill is a thorough reformer, and will carry the pruning
knife into the abuses of the shrievalty system in a style of fear-
less boldness which accord* so well with his consistent charac-
ter as a Reformer.

I am dilating on this subject, as we have but little to report
as yet. Mr. Justice Erskine was occupied all day yesterday
in trying two eases. of no interest to any but the parties con-
cerned; and Mr. Justice Wightman, who did not arrive till
yesterday afternoon, has been confined to his be.l with influenza.
Mr. Rogers, the Recerder of Exeter, has been enzagcd all day
in trying prisoners. He had only one case of interest, the
trial and acquittal of a bigamist, for whom Mr. Cockburn
made a most luminous and effective speech.
But to return to the subject of the shrievalty. For several
years past this has been a subject of remark, in consequence
of one gentleman having occupied the post of Under-Sheriff.
The practice has been for the High Sheriff to appoint his own
attorney Under-Sheriff, bet this practice has in several cases
been abandcned, so that the gentleman in question, tar.
Charles Brutton. has held it year after year, each Sheriff nam-
leg him for his deputy as soon as he got the appointment. Mr.
Brutton has the honour to enjoy the persotal friendship of
Lord Devon, and he is a gentleman every way beyond suspi-
cion of unfair practices, and there is no doubt he has received
these successive appointments partly from his high professional
abilities, and partly from a de-ire on the part of the recipients
of the honour to gratify Lord Devon, by advancing the inte-
rests of his friend Mr. Char:es Brutton. Complaints have
been made by some of the aristocracy that an improper class of
men have undertaken the post of High Sheriff, in order to
raise.themselves up to the level of THE county families. But if
the second-rate men have been exalted, it is owing to the
shyness of the first-rate men, who have evaded the post. of
High Sheriff, on account of the expenses attached t* the
office, whilst they have grumbled at the ambition of t,econd-
clees men to rush into the post of honour. This year we have
a case in point so for as regards the principle of evasion. Mr.
Bulteel ( Earl Grey's son-in-law) having been set clown several
years, is at last pricked. He kicks against the pricking, and is
let off land then we get a gentleman as a volunteer, who chooses
to curtail the office of all its splendidfoolery, and continues Mr.
Brutton in his office of Under-Sheriff, whilst his own profes-
sional adviser, Mr. Denis Moore, is put into the very secondary
post of County Cierk. Let it not be supposed that Mr. Arun-
del is not a proper man; he is in every respect qualified, being
a man of ancient family, and having had a princely fortune.
Why he did not make a more princely display it would he in-
vidious to inquire. But what I want to draw your attention
to is, that the county gentlemen who shirk the office, and
grumble at others for taking it, are the first to lecture a trades-
man or farmer who wishes o evade the onerous duties of pa-
rish constable, or any other post of unpaid labour. A ray of
your bright, sunlight will show them how inconsistent and un-
constitutional they are.

DEATH. OF DR. M'TURK.—We regret to have
to announce the death of the Rev. Dr. Nl'Turk, Pracssor
of Church History in the University of Glasgow, which
trek place at his house, in the College, on Thursday. Dr.
M'Turk was appointed to the chair of Church History,
the patronage of which belongs to the Crown, in 1807.
It is well known that the Non-Intrusion party have, with
the most indecent haste, bi.en endeavouri,:g to secure the
nopointrnert to the now vacant ch&ir in favour of one of
their e:wn number; but the events of the last few days, in re-
erence to the affairs of the neighbouring University, must
have shown the hope Insness of their.project. If the Edit_
burgh appointment was found to be obnoxious, and, indeed,
impracticable, that contemplated he e was infinitely more
so, as we make no doubt the Non-Intrusioniats have, by
this time, ascertained. We underst sod that the jab in
fa-
vour of Mr. Cunningham, which was in process of con.
coction, and which threatened to land t 1 ,at firebrand among
the citizens of Glasgow, has Inca fairly knocked on the
head. —Glasgow chronicle.
COLLISION AND SINKING OF AN IRON
STEAMER.-0 Tuesday morning, as the Hirondelle
steam-boat from Hull to Selby was on her passage, having
on board fifty passervrs and idaety-threw sheep, she came
into a viDlent collision with a vessel moored in the chan-
nel, and so great was the shock that her machinery rips
upset, and the vessel filled and went down in less than
five n inutcs. :1:ost fortunately, all the passengers were
saved by getting on board the vessel upon which the
steamer ran, but all their luggage was lost together with
the ninety-three sheep, which were drowned. A Jew
lost a box of jewellery which cost 300/. There was a very
dense fog at the time of the collision, and it is quite mira.
culous that the lives of the passeogers were preserved..
Hull Packet.

MR. AINSWORTII AND MS CONSTITUENTS.
—fn 1835 Mr, Ainsworth was returned to Parliament, as
a representative of the Reform interest in Bolton, by 615
votes. In 1841, 575 of the registered electors, on the
Liberal interest, have already signed a memorial to Ifm,
in which they state that if he persist in opposing Lord
Morpcth's Irish Registration Bi!), they will cease to look
upon him as their representative. The number of names
on the list is 1,442. from which number must be deducted
156 for removals, deaths, and doub'e eotries, leavaig 1,286
qua'ified voters. We understand that many more names
will yet be added to the memorial ; and that a number of
Ref.rmers have refused to sign it, although they say they
will never again vote for Mr. Ainsworth.—Boron Free
Press.

SINGULAR BOAT FOR TILE NIGER EXPEDI-
TION.—There is now constructing, in the boat-house of
the Woolwich dock-yard, a boat ut a singular ape( wanee,
being formed simPar to some of the shallow creels used for
carrying fish in seaport town=. The boat about 20 fet t
long and 10 feat broad, nod abcut 21 feet deep ; and yet
i: is so light that it is capable of being card d aly distance
on the shoulders of four men. It is formed of thin strides
of wood about two inches broad, and woven together exactly
in the same way as Indian matting, and it is intended to
cover the outside with water-proof canvas. The purneFe
for which it will be used is to cross Oldie, creeks and
rivers, and, from its size, appears capable cf carrying 30
men. It will be placed above the lire-boat on board the
steam vessel when not in use, and tsilr answer as an ex-
cellent pro'ection to it from the rays of the sun in th•-!, tro-
Ocal clirca'e to which the expedition is bound.
The General Steam fi-a-v.f.Tiiiion Company's
Vessel the Ocean, J. Fife; nom Rottie:dam, artiv,:d off
the Custom House at- icyclve c'c:00; yeatc:rday, ivitl4 the
Dutch Mail, •••• • . .