The Sun.
London, England, 1841-04-23 00:00:00

COMMON PLEAS----(THIS DAYS)

DOUGLAS OTPIEJ:S e. CHALK Aicn WrItERS,
TMs IkLts dtt action brought by the Commissioners of Paring
of St. Pancras parish, against the Churchwardens and other
inhabitants of the district of the New Church, to enforce the
payment of a rate. Of a number of technical points upon
which the defence rested, the principal were, first—that the
district of the New Church is out of the jurisdiction of the
Commissioners ; 2d, that the rating was informal as the resolu-
tion was not signed by a majority, but only by seven out of twenty
Commissioners,—and thirdly that it was retrospective, con-
trary to the provisions of the Act 23 of George 111, being
further antedated illegally, as it was agreed to in September,
1839, but dated as of the preceding June. A verdict was taken
for the plaintiff, subject to a nonsuit, and last term the Solici-
tor-General obtained a rule nisi on the points reserved.
Mr. Sergeant CHA N NELL this day showed cause against the
rule, and 111 r. PEACOCK replied. -
The discussion had not concluded when we went to press.

EXCHEQUER-(T HIS DAY.)
The Court were occupied the whole of the morning with
cases in the ne.v trial paper of last term. None of them pre-
sented any feature of interest, nor were the decisions given.
During the morning a note was handed up to the Bench,
stating that the President was safe. It was instantly handed
amongst the Bar, and erected quite a sensation of pleasure.

SEWERS' COURT.-(THIS DAY )
A special meeting of the Court of Sewers fur Westminster
was held this day, at the Commissioners' Office, Greek-street,
Soho, for the purpose ot examining candidates for a vacant
collectorship. The reading of applications and testimonials,
and the personal examination of the candidates, occupied the
whole ot the morning.

INSOLVENT COURT.-THIS DAY.

IN RE MARY GRAHAM.

The insolvent was a very old lady, and was so unwell as to
require the attendance of the pri,on-matron in Court. She
applied to be discharged under the Act, and was opposed in
person by George Alien, who stated that he was a farmer. in
()label- on, county of Middlesex. He acted in the present in-
stance as the executor of his brother, William Allen, deceased,
from whom the insolvent held a house at the annual rent of
1701. In March, 1640, a year's rent was due, out of which she
paid 40/., and a writ was served on her for the balance, on
which she was taken in execution. He opposed her discharge
now on the ground that by defending the action the insolvent
had vexatiousiy put him to 101. ex ra law coats.
In reply to Mr. Cooke, who appeared in support of the insol-
vent's application, Allen stated that after the writ was served
for the sum of 170/. she paid him 401., and three days after the
declaration was filed she paid him 40/. more, so that now she
was indebted only in 901. He also acknowledged that he knew
she was very ill and keeping her bed at the time.
The insolvent stated to the Court, that she took the house
nine years ago, and paid for eight years at the rate of 1701.
annually ; the last year, in consequence of severe illness, she
was unable to meet the rent immediately, and the action was
brought in consequence. When she first took the house she
had 100/. in the funds, all of which was expended in March,
1840, except 138/. ; this she sold out, and paid the opposing
creditor 80/. out of his demand, and the remainder she ex-
pended in paying servants and tradesmen. Her reason for
defending the action was, that being on a sick bed she was ap-
prehensive of being thrust into prison. " Yet (as the old
lady herself expressed it, with tears in her eyes,) 1 have been
now in gaol since the cold month of January, with no means
of support but what a few old friends have afforded me."
Mr. Cooke produced a great number of duplicates for small
articles of wearing apparel, which she was obliged to pawn at
sums varying from fid. to 3s.
Mr. Commissioner BROWNE asked the opposing creditor
if he had any remarks to make.
Allen replied that he still considered the opposition to his
action vexatious.

The Learned COMMISSIONER said that he did not blame
Mr. Allen for the course he felt bound to pursue, but he (Mr.
Commissioner Browne) could not think in the present case
of ordering more than a nominal remand—a remand for a
day or two.