The Sun.
London, England, 1840-01-22 00:00:00

the wording of one of the rules o!" Court, which that Learned
Judge was of opinion did not warrant a Judge at chambers to
make any such order; he had therefore referred the
parties to the full Court, and to that Court the
plaintiff had come for the purpose of calling upon
tne Sheriffs to declare why, having executed the judgment and
recovered the damages in his action, and having proceeded to
sale according to due course of law, he was now prevented from
recovering the fruits of his judgment. He could not find it
very accurately stated. but in the course of these proceedings
it had been inferred that the House of Commons disapproved
of the law laid down by this Court in a former case between the
same parties. If this were so, he, for various reasons, much
and deeplj regretted it ; but the opinion of the House
of Commons as to the decision of a Court of Law
was no ground for arresting the course of law, or for
preventing the Queen's writs doing full justice to all their fel-
low-subjects.ffili appeared that these resolutions had been
come to by the House of Commons in relation to this case.
His Lordship here read the 'lst - resolution, advising the
Sheriffs to refund the amount, and also the one committing
them for contempt. These appeared to have been put forward
as an obstruction, which was sufficient to prevent the Court
making the rule absolute. He could not see that they were of
any effect. If the writ committing the Sheriff had
stated on the face of it the cause of the contempt,
that might have furnished, perhaps, a reason for not making the
rule absolute. But he bund no such fact stated, and the
circumstance of the Sheriffs having incurred the displea-
sure of the House of Commons, furnished no reason for
disabling the plaintiff from recovering his damages, and
therefore he considered that there was no sufficient infor-
mation furnished by that fact to justify the Court in pre-
venting the execution of the writ. With regard to the
resolution calling on the Sheriffs to refund the money, he was
at a loss to know how that was a reason for preventing the
plaintiff from recovering the proceeds of the execution. The
Sheriffs ought to have returned the money! they had re-
ceived as soon as they had so received it, and 'had they
done so, they would not have been placed in their present
situation. He regretted exceedingly the painful situa-
tion in which they were placed, as he understood,
they were actually in custody ; but, as he had before
stated, he could not consider that any reason for refusing
the rule. If any discretion had been vested in his hands,
and the liberation of the Sheriffs at all depended 'on
the course he might pursue, he would long have paused
before making the rule absolute, and exposing them
to further proceedings. Because injustice might be done,
although he could not suppose that injustice might be done by
such higher authority, the Court was not, therefore, to refuse
putting the law in force. Besides, making the rule abselty e
would make no difference on that point, because if the sheriffs
refunded the money wrongfully, Stockdale could still recover
the amount by action against them. With respect to that
matter the Court had no discretion. It was the common practice
of that Court to call on its officers to do whatthey,were bound to
do, and the officers of the Court, having received that money,
were bound to pay it over. When they refused to do so the
Court was bound to insist upon their properly executing their.
duty. Without entering into the delicate topics which had
been alluded to in the course of that investigation—confining
himself strictly to the rule before the Court, he felt he had
no other course to pursue but to order that rule to be made
absolute.
Mr. Justice LITTLEDALE was entirely of the same opinion.
The Sheriff having admitted he was in possession of the
money, it was competent for the plaintiff to choose whichever
mode he pleased to get at his money. The resolutions of the
House of Commons did not appear to be sufficient to prevent
the payment of the money.
Air. Justice WILLIAMS was of the same opinion, and he
wished to confine himself to the strict line of practice in consi,'
dering this matter. It was impossible not to observe that a
considerable portion of the difficulty in which the Sheriff was
now placed was attributable to himself, and he would not have
been placed in this position if he had paid the money into the
Court when he had received it. The principles relied on by
Mr Richards were not applicablep,this.case: /t was in cases
where there was a doubt as to the property that the Court
granted this indulgence, Such wasnet the case in the present
instance. That the Sheriff was invelved in doubts end
ties was to be regretted; but that was no reason why he
should not be called upon to pay the money into this Court,
and departing from the practice of the Courts, and giving the
plaintiff his remedy.
Mr. Justice COLERIDGE was so entirely of the same opi-
nion, that in any other ease be should heyo merely contented
himself with saying so. In an undefended case a levy had
been made, and in return to the writ of veditioni expones, the
Sheriff had returned that he had the Feeney ready to pay intq
the Court. The defendants had been diSpharged, the' pro-
perty vested in the Sheriffs, and against them, and them alone,
the plaintiff had his remedy. Two modes were open to
the plaintiff—either to proceed by action or by rule. What
had teen said by Mr. Platt, with regard to the action
'sea true, and they might have been engaged in an interminable
series of; actions to the great disgrace of the law of the realm.
With regard to the abjection of Mr. Kennedy, that the applica-
tion ',tee new and unprecedented, it appeared to him that
the Court would be trifling with justice if it listgpecl tq it.
With regard to the sit nation of theßicriffi:,however much it might
be regretted that the situation was one of difficulty and danger,it
should never be forgotten that they were the officers of this
Cmtrt, and the Court was bound to see that its officers did jus-
tiete tq the suiters in that CHO, Tl!ere was no affidayit stating
any dmAt, bet that owing to tlfe c;.erpiie' of sort of pis major
thU Sheriffs were placed a situation of 'difficulty—but this
was no reason why the plaintlff slibuldbe'dePriia Rf hi:, pro,
perty. And with regard to the judgment which had been al-
ledei to, it had hitherto remaineda question in a court of law, and
yotwitlypauding what had been said in any other place, the
Cu pit p;.s bound it was questioncit
Rule abs9l4o„ •
The Court was crowded during the whole proceedings.
There was an unusual attendance of the Bar, and we observed
several Members of the House of Commons present,

ELECTION FOR SOUTHWARK
(THIS DAY.)

This being the day appointed by the High Bailiff for the no.
urination of a candidate for the scat vacated by Mr. D. W.
Harvey, long before the appointed hour (10 o'clock) the posi-
tion in front of the hustings was crowded by a parcel of ruf-
fians, in the garb of sailors, &c., all wearing the colours of Mr.
Walter, the purity of election candidate. The authorities
seemed to apprehend a riotous scene, for, about a quarter be-
fore 10 o'clock, a force of from 400 to 500 policemen, composed
of drafts from various divisions, were marched past the hust-
ings, and through Union-street. The hired crowd were very
noisy for Mr. Walter, but the cheering was the most
heartless we ever heard, A. few of the usual elec-
tion jokes passed while waiting for the arrival of
the candidates, the best of which was, " Seize hint, Boxer,"
in allusion to the friend of Mr. John Day, who rejoices in the
name of Boxer. There were a few persons in the crowd wear.
ing Mr. Curling's colours, but they mixed with and seemed on
very amicable terms with the Walterites, None of Wood's
party appeared until his own arrival, which no doubt tended to
promote the peace of the meeting, for the men with the blue
faveqrs (Walter's) were apparently quite prepared for mischief.
A few minutes before eleven o clock Mr, Curling drove up
to the Town Hall in a ehaise and four, the drivers being deco-
rated profusely with his colours, buff and blue ; of course, he
was received by the few wearing his favours with cheering—
otherwise there was no expression of feeling.
The High Bailiff and the candidate* arrlYed °II the bllOingS
yt olevgn qtelopk, and then tte ,pfyeat iqn began, e party
being cheered and groaned at by the respective parties., •
The usual preliminaries having been gene through, the pre2
cept read. as also the oath against bribery,
Mr. ET,Lis came forward tq propose Mr. Walter, but he
was received with such a storm of hissing and cries of
f' Turncoat," that for a long time he was unable to proceed,
He said he had the highest respect furs and cnrdial feeling
towards, Mr. Wood, r s well as towards his agent, Mr. Curling.
In private life he wished them every success. He had often
worked with them politically, and then he was a sincere Re-
former. He would not, however, allow his private feelinv
yf
q!eflrq t4B iPleifft public P°l 011°C; plVep
was tat he oreug of on. vst..r..s: should return s 9n.
44511'4 would Tll9.`t libely to net f°r
anything hot
he
country, The present crisis teas one beyend.a Ytt2i
.9 had
aver seen, and that elFicatiosnhamvieghotgrteuartneffthecet tuaptoent:uthtehceoHunotursye.
of Commons, and pe
Corners
a4td ardent
ryßTrlilf:rnPm whenßeanformer
ichde it 7 rlicheltd hs with
rawmi al; tililxfad,
A 1.4 schedule E, were most proper.—
thought that scnedu.e
t ) But the Reform Bill had not
(Lead Prii `:
Tqrn„Potag ...-(Whose fat* wag that?
bon parried Pat•,,INT s„;-,„' now in offie were the mere tail
i.
Walter de it?) 19e .jhr Graham, Stanley,' and all that
of the Whiffs, OPP .raia? 4.•
i in
Waffb silitihilley tsgetwobLeilwibt:i be
the
belonged
d(Touddie lsaaumghete6r6)if lose left were a mere tail, and.
what had they done ? In. ore
priocipip of porriritrreention, veryaß first act was to
set' about the disarrangeMeo of, .4 I4llq -.-•taißl!.7.7( Aries
of " Lies, lies, Turncoat; that was your kitty 4/14' 04.4_
14,4„:.)l<o pmegyeneO Of their Conduct in Spain the t n_glish
el'tlenstlenittems'elaitll4to(llnr64elsaird, )butntheeYy
armyprom promised
dd btheengidviesgpreaaeceed,47l
had made her the most suffering and degraded portion ej the
nation. To support themselves they had sutfered lreluuct to
become the prey of a great beggarman' whom they allowed to
live on the peoce and halfpence of his pow Old deluded
countrymen, What had the Whigs dune fur the lower and
middx, classes ? when they came in, they took off the
paltry tax upon tiles, or something of that sort. In all
they had done they had consulted the interests of the
great and rich, at the expense; of the poor. Ire-
I. rid should be the granary of Great Britain,
but the present faction, by their system 'of misrule and
management, kept hop in such 4 degraded and riotous state
that it was impossible, and they were to be made de-
pendent upon foreigners. He considered that the Reform
Bill was passed, for the purpose of renovating the State-car-
riage • but the persons who had driven that narriage had ne-
glected their duty, though they had not neglected themselves.—
( Hear, hear.) The man who was to guide the State-carriage
was compelled to drive it on the brink of a precipice, and he
was compelled to sue the beggarman of Ireland to aid him in
preventing it from being overturned.—(Cheers and hisses.)
He was obliged to fill his coach with commissioners, which was
but another name for pensioners. These commissioners were
paid more highly than they deserved, because they sup-
ported the tail of the Whigs. That man who com-
manded the Government was one who was acquainted
with all the tricks of life—he was a man who misleads and de-
ludes the public. He would now make some observations on
his motives for respectfully preferring one candidate to another.
He repeated that he respected Mr, Woodas a private individual
—(Cheers)—and he as highly respected Alderman Weed and
Mr. Curling. But he did not like to see them tied to the
Whigs, and he did not approve of their political sentiments,
which were too inflammable for him.—(Cheers, and cries of
" Sit down.") Mr. Wood did not burn like wood, emitting a
spark now and then, but he burnt like gunpowder—he began
like a rocket, and ended like a tiro-serpent,—(Nn, no.)
He had a fault to find with Mr. Wood, and with every member
of that party—it was that he was entirely given to party, and
wound up with Renewed zonlusion, and cries of " Where
is Oastler ?") On the contrary, who was Mr. Walter
(Cries of "He is a turncoat like yourself.") He was a re,
spectabie and independent gentleman, who, in this crisis of
the country, would not allow the State to be ruined--the poor
to be oppressed—he was one who had established his character
by the independent votes he had given.—(Cheers, hisses,
and great confusion.) Mr. Walter's character was well
known, and in coming forward on that occasion, he would be
ready to support their interests, the cause of thef
theyreligiolnuo,kaenddtoof
the established Constitution of the country, If
hiswo uflodrmb
ee re
vcoornydtuhcitn,g theywbi
which
wouldth eyboeo
oilnddudceesdi
rtoo_ex(pcechte
e t.thats anhe
d
hisses.) There was another candidateaa
n.da
Aniin thero.f he
was would It
possible,
venture
thatto si‘aomyuhslitdelhel
vha
Aetasiv,rhe.et
thv
vhweeyoaosd
lArgr great held,l
tearbl,.leiatrnye dis-
d.
poluldtinmg amr.cuenrlgingthwe
oyster.—(Lau
tiogrh.
_t
(gLe to u thegh two t
r4.p shells,cQn:
fusion,) That was popibie, but he
hoped itwould not hap-
pen, and he would tell the electors of Southwark that
W
the question was one between the Conservative party
and the enemies of the country.—(Loud cheering.)
If Mr. Walter were elected, the beneficial effects would he
soon apparent thrqugh the country.,—(Cria of We won't
him.")
A:
h have h tana ldrienvecnotoso,;oths'ieorne, nheeedbobgegendo feelings of ani-
mosityto propose Mr.
Walter as the fit and proper candidate for the representation of
Southwark —(lmmense cheering, and indescribable uproar.
kart tholecwe fprwr,ird, slit was ree'elsed with the
most deafening and astounding combination of noises, and
cries of " Boxer, Boxer," followed by imitations of canine bark-
ing, and other humorous diversities. Such was the uproar,

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