The Sun.
London, England, 1841-05-07 00:00:00

COURT OF QUEEN'S BENCH, MAr 6.

_ .
At the sitting of the Court this morning Lord DENMAN
gave judgment in the following cases, which had been argued
during the present Term :

THE QUEEN V. PAY NE.

This wal an application to estreat the recognizances of a
bail for non payment of costs, under the provisions of a statute
of William the Third. The Court thought the application
should be granted, but would enlarge the rule till the first day
of next Term, to allow the defendant an opportunity of paying
the costs.

THE QUEEN V. PROCTOR.
In this case the Court granted a rule for a new trial.
ATKINSON V. RAWLEY.

In this cae, which was an application for a nol-suit or an
arrest of judgment, the Court granted the rule.

FAUCETT V. BENNINGTON.

In this case, which was tried before Mr. Baron Maule al. the
Westmoreland assizes, and on which an applicat on was made
for a new trial, on the ground of the verdict being against
evidence, the Court had consulted the Learned Judge, who
saw no reason for disturbing the verdict. The rule therefore
must be refused; and in Denney v. Clarke, and Doe, Dem,
Duke of Beaufort v. Gough, the Court granted rules.

In the course of the day the Grand Jury came into Court,
and stated that no presentments had been sent before them.
They were then discharged.

BAIL COURT, MAY 6.

THE QUEEN V. BAILEY AND OTHERS, GUARDIANS OF THE

BASFORD UNION, NOTTS.
Sir. W. FOLLETT applied for a rule, ceiling upon Thomas
Bailey, George Farrant, and J. Wood, to show cause why a
criminal information should not be filed against them for the
publication of a libel reflecting on the character of Mr. Nixon,
a Magistrate of Notts. The defendants were members of the
Board of Guardians of the Basford Union, in the county of
Notts. On the 25th of January last, a pauper, named Parkes,
had been brought to the union house in a cart; he was at that
time suffering from illness, and in the course of that
night he died. The surgeon stated that the man would have
bt.en much benefited by the administration of spiced wine, or
some stimulant of that nature, but that he had been precluded
ordering it by an express order of the Board of Gua:dians.
An inquest was held, and the surgeon's evidence was given,
when the Jury censured the conduct of the Board of Guar-
dians severely. An investigation was likewise insti•uted by the
Magistrates assembled in Petty Sessions, on which occasion
Mr. Nixon, on whose behalf the present applieation was made,
took no othar pat in the proceedings than reading the evi-
dence of the surgeon as given before the Coroner. A meeting
of the Board of Guardians was subsequently held, at which re-
solutions were passed den) ing the existence of any such order
as that alluded to by the surgeon, censuring the conduct.
of that gentleman and also the conduct of the ;Magistrates,
one of which resolutions concluded with the following werds,
"therefore the statement of Mr. Nixon, that on referring to mi-
nute book of the Board of Guardians, the order was found, which
precluded the ordering of any wine or stimulant, without a
special order from the Board of Guardians, is a sheer fiction,
iotend-d to bring the Board of Guardians into disrepute with
the public, and thus aiming a back-handed blow at the New
Poor-law itself." In another reso ution, the conduct of Mr.
Nixon was stigmatized as unworthy of a Magistrate
Mr. Nixon denied that he had ever made any such state
ment as the one alluded to, or that he had taken any part in th-
proceedings beyond reading the evidence of the surgeon. The
resolutions had been published in all the Nottingham l'aperse
and Mr. Bailey had avowed himself as the person authorizing
the publication, and the other defendants were the mover'
and seconder of the resolutions complained. Mr. Nixon had
written a letter to the editor of the Nottingham Journal.
demanding the name of the author, and in that letter he stated
that every charge contained in the resolutions was grossly
false. This letter had been published, but it dirt not appear
that it had been done so by t. e awhority of Mr. Nixon. He
mentioned this, because on that point of late the Court had
been very particul Jr.
Mr. Justice COLERIDGE—Take your rule.
Rule nisi granted.

COURT OF COMMON PLEAS, MY 6.

NEWTON V. BASIIAM.

The defendant is an attorney, to whom the management of an
action breught by the plain iff against the officers of the
Sheriff of Yorkshire, was transferred by the attorney first cm-
ploed, Mr. A'klecket. The plaintiff obtained a verdict in
damages 405., which left, however, a balance of 1921. costs, as
between attorney and client, above the costs in the cause. The
plaintiff obtained a rule calling on defendant to show cause why he
should not be discharged from the payment of costs, on the
ground that the defendant was not an attorney of this Court
when he acted in the cause ; and further. why defendant should
not pay the costs of taxation, the Master having stru :k off
more than one-sixth of the bill.

The COURT now gave judgment for the p'.a.'ntiff on brh
points.

POLICE INTELLIGENCE.
BOW-STREET.

Eliza Williams ‘k pl,,ced at the bar charged with haring
robbed a slrs. Powe 1 of varitius articles of furniture.

It appeared that the prisoner took lodgings in the house of
the complainant, and on %fondly evening last the prisoner sent
her out to buy some tea, &c., and when she returned she
found the room door locked and the prisoner 1...0ne. She burst
the door open, and found that the room had been stripped.
She immedia•ely ga7e information to the police, and the pri-
soner was apprehended in St. Giles's, whither she had con-
veyed the ixoperty.
The prisoner said nothing in her defence, and was fully com-
mitted for trial.

NAVAL INTELLIGENCE.
( From the Brighton Gazette.)

PORTSMOUTH, MAY s.—Tne rumoured eppointment of
Captain Sir Charles Napier to the command in the I:)cific,
is said to he voil of truth, and that the gallant officer will
shortly return to the Mediterranean, to re-assume the com-
mand of the Power-to', 84.
The three deckers Nelson, 120, and Hibernia. 110, are
ordered to be inspec.ed, caulked, &c., for service, if re-
quired.
The Bonetta, 10, Lieut. Austen, has procenled to the
Cape of Good Hope station, wick despatches for Rear-
Admiral Sir E. D. King, K. C. 8., aid men for the squa-
dron.

The schooner packet Cockatrice, Lieut. Oxenham,
sailed from Spithead on Monday afternoon. for MO Ja-
neiro, via Falmouth, taking nut despatches for Rear-Ad-
mirals Ross and Kng, and letters for the squadron. She
is to run, as a packtt, between Buenos Ayers and NL.nte
Video.
The squadron at Spithead rcm'ins as before, namely,
Indus, 84. Vernon, 59, Pelican, 18, and Nautilus, 10. Ile
first two have been in commission six months, and still re-
quire a considerabe number of men.
The Acorn, 16, Commander Adams, is refi:ting, pre.
paratory to returning to the coast of Africa to complete
the remainder of her period, one year. She will bail in
about a fortnight.
The steamer Polyphemus, Lieut. Evans, is gone to the
Medit.!rranean, via Southampton and Falmouth. Captain
M. Seymour went out in her to join the Britannia, 120,
and we undyrstand she was to embark to Southampton
the Survesor of tha Navy, with C3ptaio Brandreth, R. E.,
to inspect the docks at Malta.
The Fair R,.sarnond schooner, Lieut. Bulman, is the
only vessel fitting out Ye-:e 15r the coast of Africa, and
will soon be ready to &part.
.

The E:littburih, 72, C4ptlin Henderson, may be daily
expected to arrive, from Ma;t+, f,r the purpose of being
paid off, and will too dismantled in this harbour.
Pique, 36, Cap'ain aner, we hear, is to be at
Spithead, from Chatham, by the lath insta'st.
Admiral the HAI. Duncornhe Bouverie, K. C. 8.,
Superintendent of Portsmouth-yard, is absent on leave,
and, it is understood, gone to Cork. The fl tg is struck
in the Victory.

At Spithead—lndus, 84, Vernon, 50, Nam, 18, and
Nautiluq, 10.

Hatbour—Quren, Victory, Excellent, Royal George
yacht. Echo and Fair Rosamond tenders.

SHIPPING INTELLIGiNCE.
(LLOYD'S.)

LONDON, MAY 6.—Wind this day at noon S.S.W., light
breeze, and rather cloudy.
MARGATE, MAY 4.—Arrived, the Bombay, Furley, from
Bombay; Torch, Bain, St. Michael's; Post Boy, ditto, and
supplied with an anchor-stock.
OFF DOVER, MAY 5. —Arrived a ship, showing No. 1,792,
under rendezvous flag.
COWES, MAY s.—Arrived the Jantina, Petronella, from
Bahia ; Kilda Charlotte, Heti-loan, ditto ; Echo, Akerson,
Matanzas, in thirty-nine days.
OFF THE WIGHT, MAY 4.—Arrived, the Black Cat,
Chener, from St. Michael's; Rafha, Rounce, Messina.
PLYMOUTH, MAY 5. —Wind S S. W.—Arrived, the Kefuses,
from Ancona ; H.M.S. Cockatrice, South America. Sailed,
the Margaret Cormell, for Calcutta. Arrived off, the Beehive,
Walker, from Cadiz, with loss of fore and main top-masts;
Othello, from Savannah for Havre.
SCILLY, MAY 4.—The Rapid, from Rio Janeiro, which put
in here on the 2d, will commence discharging part of her cargo
into a small vessel, hired for the purpoe. the Argus, from
Cadiz to Portsmouth, is also discharging, to stop her leaks.
PADSTOW, MAY 4.—Arrived the Marianne, William, for
Newport, with loss of main topmast, &e.
WHITEHAVEN, MAY 4.—Sailed the Arne-4, Bay Chaleur.
Coax, MAY 4.—Arrived the Orbit, London, from Quebec.
WivErtitog, MAY s.—The Lively, from Goole to London,
was totally lost yesterday on the Baxey Sand. Crew saved.
DEAL, MAY s.—Wind S.W., fresh.—Arrived the Rapid,
from the Westward ; Gelnore, do. ; eamore, do. ; Race-
horse, Punchard, Mediterranean ; Miranda, Lisbon. Arrived
from the River the Thames, for Letghorn ; Beau-Ideal, Lis-
bon ; Colon, Havre.
LIVERPOOL, MAY s.—Wind S. to W.—Arrived the Entaw,
from New York ; Ashburton, Terceira ; Enchantress, Smyrna;
Tyer, Palermo ; Ann. Girgenti ; Wave, Prysley, Bitboa ;
Redbreast, Gibraltar ; Independence, New York ; Elizabeth,
Charleston. Sailed the Francis, for Quebec; Oberon, Lima;
Sphynx, Gibraltar. Arrived off, the Superior, from Bombay;
Su erb, Charh ston.
PORTSMOUTH, MAY 5. —Wind W.S.W.—Arrived the
Mona transport, from Malta. Arrived eff, the Lady Leith,
Greeves, from Sydney, New South Wales. The Little Queen,
from London to Newport, has put in here with damage, having
been on shore on Dumrose, and is expected must discharge.
DARTMOUTH, MA v 4. Arrived off, the Norfolk, Gildowney,
from Mauritius, sailed 28th Jan.
FALMOUTH, MAY 4.—Wind S. S.W., strong breezes and
squally.—Arrived the Tyrian packet, from the West Indies—
sailed from Barbadoes March 16, St. Lucia and Martinique
17, Dominica 18, Guadeloupe and Antigua 19, Montserrat.,
Naas, and St. Kitt's 20, Tortola 21, St. Thomas's April 1,
Porto Rico 2, and Cape Hayti 5, with 80,000 dollars on
freight; Clementina, Symonds. Malaga ; Huth, Rendatl,
Sierra Leone—sailed February 28.
Mit,Foitn, MAY 4.—Arrived the Queen of the Isles, Lewis,
from Messina; Carshalton Park, Dove, Sierra Leone.
BRIXHAM, MAY 4.—A hogshead of oil, marked on the
head M. 1., has been picked up off the North Foreland, and
brought in here.

VESSELS SPOKEN wurtr.---The Bri,ish Queen, of Liver.
pool. 18th ult., lat. 44, lon. 29; Emerald, bound to Mon.
treah 22d, lat. 44, km. 20. by the Carshaltnn Park, ar.
rived at Milford. Globe, of Plymouth, Independent, of
Hull, Mr,rquis of Bute, of Cardiff. Trial, of Glasgow,
Mayor, Palermo to Clyde, Mary Ann, Trieste to London,
Rapid, Messina to St. Petcrsburgh, and Freedom, of
Fowey, bound E., loth ult., in the Str.,its of Gibr4tar.
by the Queen of the Isles, arrived at MilfJrd. Britannia
(steamer), Liverodel to Halifax, 24th ult., lA. 49 lot..
22; Portia, Liverpool to Rio Janeiro, M-rch 10, lit. 8 S.,
lon, Si Y/,; PrillCo Albert, Newcastle to New York, 17th

lat. 42, lon. 29; OtterT,oi, Liverpool to C;deet P,
by the Lady Leigh, a !iced off Portsmouth Royal Ex•
change, of Glasgow, 231 , lit. 43. 1,.n. 40; V.,t ria.
of St. Ives, Lloyd's, of Pole, and 42 sal of totchant-
men, standing to the weatvrard, lat. 44, lon 32, 24th ;
Oberon, lit inst. 4 lat. 40, lon. 12. by the Tv ito packet,
arrived at Falmouth. City of Rochester, of London,
26th ult., lit. 47, lon. 10; Wato• Nyrelth- Sunder-
land to St. Andrew's, New Brunsw;ds, 297 h ult.,
50, lon. 8, by the Hexbam, Temrerley, artiVgd at Fa.
mouth. Chariot, Liv. rpnol to Flabfor, 221 plt , 44,
lon. 34; Pennsylvrmis, from New Yotk, named fut
Liverpool, 27th, lat 51, lon. 13. by the Provideuee, sr'
rived at Swansea. Phew., Cuba to Liverpod,
March, in the Gulf of F,orida, by the ThomP
son, arrived a- Bristol. Moffatt, London'to Sydrey, New
South Wales, I Ith Mareb, M. 3, Ion: 23;. Gleaner,
Bong,' to London, lat. 3 lon. 87 ; Volunteer, Mauritius
to Liverpool, lat. 31 S., lon. 13 E. ; Windeier,
to Mauritius, out twent)-six d,ys, kt. 4 N., I.m. 20 W. ;
Columbine (schooner), 29H3 J4nuary, off Cape Pi r•hoslo ;
Red Rover, Ist February, ofl the Sintbelays, Malice*
Straits, by the Flaticquin, Marshall, arrived at Calcutta.
Helen, from Liverpool, s!h Mareh, lat. 18, lon. 90; bi
the Elizah,t't, arrived at Calcutta. Collingwood, London
to Sydney, 15. h November, lat. 19, lon. 28 W. ; Her-
mins, Gf.ttPitburg to Batavia. 13. h January, lit. 36, lon.
84, by the Gemini, arrived at Calcutta,

QUARANTINE AT ELSINORE. •
The following has been received at
London, May 4, 1841.
Sir,--I beg to acquaint you. fir the information of -the
Committee for managing the affairs at Lloyd's, that the
Danish Chancery of Copenh gen has issued the fillowiug
notice resp:•cting the qu•arantii:e of vessels arriving at
Elsico:e. and bound for the ports of the Baltic, in si; far
as the yellow fever is concerned:-
Ist, Oely vessets arriving from places infected With, or
suspected of, yellow fever, uhethei laden with enumerated,
aitieles or not, and on board of which suspicious caeca 01
disease or death have occurred, either on the passage ue
on arrival, will h.ite liter be ordered to the Quarantine
stations, there to discharge, and their cargoes to undergo
the process of expurgation.
Vessels arriving with enumerated articles froth
places out of Europe, where the yellow fever has appeared.
a e subj,.ct. to as observatory quarantine of 14 days, pro-
vided no suspicious case of disease has manifested itself
on board
3d. Vessels with non-enumerated goods, whether such
arlides be ea-dialed in package susceptible of infection of
cog, but otberviiie arriving tinder circumstances similar to
those mentioned in 20, are subject to four days observe",
quarirantine.
4th. Vesteliarrivine from unsuspected places in EufoP'
with enumer,ltel wicks on board shipped in such places!.
r e exempt from quara trine, although such articles be the
produce of places where the yellm fever actually prevails.
FRANCIS C. MACGREGOR.