The Sun.
London, England, 1840-12-09 00:00:00

THE SUN. LONDON. WED\ 141,S0AY. OECEMBI4II 9, IRIO.

another column. The follotrit d' interesting news
from the Spanish capital is from 't'he Paris iloniteur
of Monday

CHANCERY COURT.--(THIS DAY.)

N THE MATTER OF WM. IIAINES, OF LEICESTER ---CfiekLii-

RAT&S.
Mr. WIGHTMAN, with whom W 45 Mr. Wigram, pro-
ceeded to address the Court to-day at lit sitting, against
the application, on the part of Mr. Baines, to be dis-
charged. lie said that upon considering the ohjectiehe
taken to the proceedings in the Ecclesiastical Court on
the part of his Learned Friends Mr. Hill and Mr. Mel-
lor, the main questions resolved themselves into three
objections ; first, his Learned Friend said that inde-
pendently of any objections arising upon the significavit,
it had not been issued by the proper functionary.
Mr. iliee—We say that it has not issued in the proper
name, but that it has been issued by the proper functionary.
Mr. Wionestee —Then it was said that not having been
issuad in the proper name there was no original jurisdic-
tion upon the significavit as against Mr. Beince, and there
was nothing to show that he was brought into question in
a suit over which the Ecclesiastical Court had jurisdiction.
And his third object was, that assuming the significavit was
in the name of the proper functionary, and it appeared that
'here was original jurisdiction, still the proceedings wore
such as to oust the Court of its original jurisdiction, and to
render all that had been done void. Now with respect to
the first objection, which was, that the significavit had not
issued in the name-of the proper functionary, he was free
to admit, generally speaking, that the significavit issued in
the name of the Ecclesiastical Judge, but that was not a
rule without an exception; indeed, his Learned Friend
hirnaell had stated certain exceptions. In the fist place, if
the Bishop should be in remotie agendis, there the signifi-
cavit would be issued by the official principal or the commis-
eery; it was therefore not an inflexible rule that the significavit
should be issued by the Judge of the Eceles:astical Court,
for it was laid down in " d'iner's Abridgement" that a
significavit might he issued by the Archdeacon. It WAS
not necessary for him to go hack to proceedings before the
statute of the 53d Geo. 111. In considering the present
question, it was sufficient to state what that statute was,
aid whether under that statute the significavit issued on
the present ease was not issued by the proper functionary.
The Learned Gentleman then referred to the statute, and
submitted upon several authorities which he cited that the
significavit had been properly issued. His Friend had
said it was quite clear, independent of what might have
been the practice before the Act of 53d George 111.,
that the significavit should have been issued in the name
of the ecclesiastical principal, and not in that of the official
principal. Now the answer to that was, that from time
immemorial the official principal had issued monitions and
sentences in his own name, and these were authorities
both by the Judges in Chancery and Common Law, that
the significavit, in the name ef Sir Herbert Jenner, was
the proper form ; it was, therefore, too late now for his
Friend to contend that the proceedings were irregular, and
that though Sir Herbert Jenner might pronounce the moni-
tion and sentence, yet when it came to the significavit it
must by the ecclesiastical :principal. Then with re-
spect to the second object, he must admit that the
mode of expression, the phraseology of the significavit, was cer-
tainly very much involved, but ninon a little examination he
thought the meaning was sufficiently obvious. Now upon this
point his Learned Friend had made two objections ; first, he
said that it no where appeared on the significavit that Mr.
Baines was drawn into a question at all with respect to a suit for
subtraction of Church-rates ; and secondly, he stated that the
Court of Queen's Bench had mistaken the arguments when
they supposed that the form of the proceedings Was sufficient to
show that the suit was for subtraction of Church-rates ;
Stripped of the involution in which the significavit was
wrapped up, it did appear to him that there was a cer-
tain course of business of subtraction of Church-rates
depending before Sir H. Jenner, in judgment between Jolt)
and Beveridge, the Churchwardens of St. Martin's, Leicester,
on the one part, and Mr. Baines, on the other, and lie was
admonished to pay 21. ss. rated and assessed upon him ; and '
that he was duly served with a monition. Nov he
confidently submitted that such being the case, no ingenuity
could raise a doubt but that that sum was rated upon him for
Church-rates. What other rate could he have been called upon
to pay in such a suit. It was true that the words that the rate
was charged upon him for Church •rates was not put in, but he
submitted it was sufficiently clear .that it was iu a cause for t
Church-rates, and the inference of his Learned Friend that it
might be a highway rate, was altogether untenable. Then it
was said that sufficient did not appear on the significavit to
show that the Court had jurisdiction over Mr. Baines. '
Now what he submitted with respect to that was,
that, according to the current of all the authorities, if it
appeared to the secular Judge that enough had been upon the
significavit to show that the matter for which the party was
contumacious was with respect to a suit upon a subject-matter
apparently within the jurisdiction of the Ecclesiastical Court,
that was sufficient. But then his Friend had said that under
the statute of the 53d of George 111. the rate should have been
for more than 101., or that it must have been disputed, which
was not the case in the present instance. He submitted, with
respect to that statute, that it did not take away
the jurisdiction of the Ecclesiastical Court generally with
respect to Church-rates under 101., but it gave a jurisdiction
to the Magistrates under certain circumstances. The Church-
wardens had for the greater facility of recovering Church-
rates the power of proceeding before Magistrates, but it did not
take away the jurisdiction of the Ecclesiastical Court. If the
party could bring himself within certain predicaments, he
could go before a Magistrate, but if he did not then the
jurisdiction of the Ecclesiastical Court attached. His Friend,
in order to take away the jurisdiction of the Ec-
clesiastical Court, ought to show affirmatively that the
Magistrates had jurisdiction, and that the validity of
the rate had nut been questioned in the Ecclesiastical Court.
He, therefore, submitted that upon that part of the argument
his Learned Friend's case had failed. Then, another point
which had been strongly urged in the Queen's Bench, and
equally so in that Court, was, that assuming they were right
up to a certain point, and assuming that his Lordship should
be of opinion that the signicavit had issued in the name of the
proper functionary, and assuming also that the Court should
be of opinion upon the significavit that there was
originally jurisdiction in the cause against Mr. Baines,
still his friend contended that the course of proceeding set out
upon the significavit was wholly void, and the Court had no
power to pronounce judgment against the party, and hold him
in contempt in his absence. low his Friend, in support of
that proposition hail cited several old books of practice, but
none of them showed that the Court had not the power to pro-
ceed to sentence in the absence of the party- His Friends were
certain cases in which the Ecclesiastical Courts had pro-
obliged to aomit, even from those authorities, that there were
ceeded in the absence of the party ; for instance, in suits
matrimonial ; and if such was the case, he could not
see why they did not hold their jurisdiction in cases of sub- ,
traction of Church-rates. But his friend had said that it had
not been the practice of the Ecclesiastical Court to do so. That
might have been the case in former times, but it was not so
now. Supposing Mr. Baines had appealed to this Court of
Delegates on the ground of the judgment being in his ab-
sence, and supposing that that Court determined that all the
proceedings were regular, what a state of things would exist if
his Lordship should be of opinion that the Court had no power
to proceed to sentence in the absence of the party ? But sup-
posing Mr. Baines, instead of making the present application,
had brought au action against the gaoler for false imprison-
ment, would the Court in such a case have interfered and
issued its warrant ? But then his Friend had contended against
the injustice of the proceeding
in the absence of the party.
Now, what was the real fact in the present case? Why,
Mr. Baines had been cited, and he did not choose to come
in ; such being the case, would the Court say the proceed-
ings were void? He submitted in the first place that the
proper course would have been if the judgment was erroneous
to have had it reversed, but as long as it remained unreversed,
ing, and the party could not Complain of any wrong having
been done him, he not choosing to come in. He submitted
no notice could he taken of the present interlocutory proceed-
that the proper Court to inquire into this subject was the Court
of Delegates, which was the Court of Appeal from the decisions
of the Ecclesiastical Court. Then his Friends had taken an
objection to the writs—they had said that it did not appear
upon the entry on the writ that it was delivered openly in Court,
according to the provisions of the statute. Now he submitted
that if there had been no entry at all upon the writ
it would have been perfectly sufficient, and it lay
upon his Friends to show that the proper proceedings had not
taken place, and it was not his province to draw inferences,
because it was only stated that the writ was delivered as of re-
cord to the Sheriff, that, therefore, it was not delivered to him
openly. The present case had been upon all its points, under
the revision of the Court of Queen's Bench : undoubtedly hits
Friend's client had aright to go from Court to Court to obtain
their opinions if he chose, but he (Mr. Wightman) had a right
to use the decision of the Court of Queen's ench as a
direct authority in his favour. Ilis Friend had im-
pugned some of the reasons given by the Judges of
the Court of Queen's Bench ; it did not become him to say
any thing upon that, because it was sufficient for his purpose
that they had decided against Mr. Baines upon the arguments
of his Learned Friend. Upon the whole he submitted that Mr.
that sup-
Baines was not entitled to his discharge.
interfere Mr. WIGRAm followed on the same side. The first point
for the consideration of the Court was whether the Eccles as-
t ical Court had jurisdiction over the !abject matter of the suits.
His Friends had said that it did not appear on the signie_
cavil that the Court had that jurisdiction. , Now, upon
looking at the several statutes, he must confess that it appeared
to him, as it had been decided by the Court of Queen's is
aenen,
which had had the subject twice before it, that there
was no doubt the Ecclesiastical Courts had jurisdiction.
Then as to the second point which had been made—
posing there was jurisdiction—the Court had not tried the ease-
iss,AuVth.
in such a way, as far as appeared from the significavit, that
the writ de eontumacio capiendo had not been properly '
It had always been the rule of .the Court not to
the proceedings of another. Court. In a case before th'ere
Chancellor, reported in 3d Simons, where all the cases Vice-
subject were mentioned, it was held that the proceedings
this
another Court, even of a foreign Court, must be held to of
to he
binding on the parties. Unless the proceedings were extremely
vicious anti bad indeed, it was difficult to coneeive
thatremely
Court would interfere. Nothing had been done in
the the
Eccle-
siastical Court which might not have been dime in this Court,provided the proceedings were perfectly regular. That
observa-
tion, he believed, applied to every other point of ob.
that had beet. taken ; but he submitted that the proceedings
stli in price anti authority were in every way Perfectly °igs
re-
lar. The only other point arose on the ternis of the signifi-
cavit, and it was said first that it did not ap war upon
the significavit that the 21. bs. was a sum demanded its respect
of Church-rates, but he submitted there was a sufficient
identification of the sum ordered to be paid, because it re-
cites} that whereas he had been rated and assessed at the
sum of el/. 55., and whereas a suit had been instituted
against him for the subtraction of Cherch-rates, he had
been ordered in that suit to pay the sum, and
it was ri-
diculous to say that the Court, in a suit relating to
Church-rates, and Church-rates alone, Would make anorder
for payment of a sum in respect; of another matter. The
Learned Counsel concluded by submitting that all the proceed-
ingsand that the •
had been perfectly regular, prisoner must re-
main in custody until he tnought proper to pay that which was
a legal demand.
rent principle upon
Mr. Hite. replied. The g which he founded
his case was, that the Lord Chancellor hada superintending power
over all the Courts of Wesminster Hall ; and that betore the
Lord Chancellor became auxiliary, to_ Sir Herbert Jenner, it
was his duty to look and see that zeir, Herbert Jenner had been
perfectly regular. That at once disposed
Le a r ed of all those cases
that had been cited by his
Wasit to b Friends relative to
foreign courts and foreign law.e said that the Lord
Judges
Chancellor and the superior had no duty to perform
with reference to the liberty of the subject and the jurisdiction
of the Ecclesiastical Courts? Why, they were the constant
guardians against the us
urpation of the Ecclesiastical Courts.
Even in Papal times the p
roue( ings of the Ecclesiastical
Courts were such that the Courts of Law were called upon to
hold them in jurisdiction. The construction which
the sth of Elizabeth
every Judge had put onwas this, 4, mis-
chief has accrued from trusting these Spiritual Courts." We
will riot, therefore, lend them the process of the com-
mon law, except on two conditions ; first of all, that the writ
is Opened and read before it, goes at in order that the
sludges n.av see it ought to issue ; and second:y, that it be re-
turned into this Court, so that it' there be any slip in the first in-
stance by reason of the party most interested not being before
the Courtat the time, then the writ shall be returned here in

order that there may be an opportunity of examining into its
validity. The Learii€C er.)..!eitiernart then, proceeded to combat
the arguments that had been Urged against him; and observed,
that upon the point that the Court e ATeltres had no right to
deteritiikt. the case in the absence of the del4Attant ; the *ther
side had cited fiti authorities whatever to contro4i the objec-
tion he had taken.
The Loan ChIANCELLOR should like to have an tii-
tibttttnity of looking into the cases before I give my judgment.
I she'll!, also like to be furnished with a coil 55 the notes of
Lord Denhaifes kidqment.

EXCHEQUER COURT-TIIIS DAY.

(Sittings at Nisi Prius before Mr. Justli:C COO/AIAN and a
Le osion Common Jury.)
tioi,.lrts v. JSELOE.
This was an action fur false ittiptisonment. Mgr'
Mt P*,ATT (with whom was Mr. hetes) stated the case to
the Jury. The defendant was a shoernaiter in a large business
in the City. The plaintiff had been brought L as a dicker, and
had spent nine years in thi., ..t.t.,r7iee of one master, and in that
time he had, with the assistahee of his master, iatroted a
machine for cutting out boots and slihttl,/ which saved much
labour. He was indoeed to enter the serititt of the defendant
in April, taking the machine with him at 30s. c%eg,..5 per week.
On the 20th of July, while he Wie nt work in his master's, back
shop, the latter entered, end found him cutting some leather
different to that that had been given aft to him. Having
before had some dishonest servants, he challeged him with
felony. The plaintiff ;ass given into the ettstody_ of a
policeman and detained in the station-house all night. .tle "'es
taken before the Lord Mayor, who liter(' the evidence of the
defendant, and then said that there was no t-,,.!_erge of felony in
the case and discharged the prisoner.
Mr. EitLE (with whom was Mr. Grey) stated 1.1!* de-
fendant's case, and proved !,bat the plaintiff had no
right to have been at work Open Cordovan leather on
the day in question, he having plenty of Spanish
to cut to employ him two or three days; that upOttlydng caught
at it, lie was very much confused, and at first said the leather
was waste, and afterwards that he had been trying a new pat-
tern, but had failed in doing so, He also proved that the mo-
ther of the plaintiff waited upon him, a!*ed him to be merciful
before the Lord Mayor, and that, in fact, the defendant had
not offered any evidence before the Magistrate but t!n. own, and
that when the Lord Mayor wished to remand the prisoner; the
defendant interceded for him, and obtained his discharge.
The Jury found for the plaintiff, with '2ol. damages.

MARLBOROUGH-STREET.
(THIS DAY.)

Thomas Delapicre, a very fashionable-looking
man, was charged with creating a great disturbance in the
street, and striking a constable.
Inspector Jarvis, of the C division, stated that during
the remainder of the night, after the defendant had been
locked up in one of the cells, he continued to make such a
disturbance by shouting, and hammering with the heel of
bis boot against the door, that the whole neighbourhood
was disturbed, and the noise could be beard for full half a
mile off. He also knocked down a very considerable por-
tion of the wall of the cell.
The defendant said he certainly was a little intoxicated,
but denied striking the police-constable. He was a native
of France, and was unacquainted with the laws of this
country.
Mr. LONG said the laws of every country enforced a rea-
sonable obedience to persons in authority, and as the de-
fendant had committed three distinct offences—viz. drunk-
enness, assaulting a constable in the execution of his duty,
and behaving in a riotous and disorderly manner in the sta-
tion-house—he should fine him 405., and in default of pay-
ment commit him to the House of Correction for one month.
Some friends of the defendant immediately paid the fine,
and he was discharged.

THE MARKETS.-(THIS DAY.)

CORN EXCHANGE.
The supplies since Monday have been good of Oats
from Ireland, but small of all other grain. T.iere was
very little English Wheat for sale, and Monday's prices
were supported. Barley and Oats were firm in value.
The Flour trade met no improvement.
NEWGATE AND LEADENHALL.
Trade was dull for all descriptions of Meat. Beef was
in small supply ; Mutton was rather dearer, although the
supply was large. In Veal and Pork no alteration ;
Beef, 3s. 4d. to 4s. 4d.; Mutton, 3s. to 4s. ; Veal, 4s. to
4s. 4d.; and Pork, :3s. 4d. to 4s. Bd. per stone. There
was a good supply of Poultry and Game, tract: inactive.
Hares 2s. to 3s. each ; Rabbits 6s. to 18s. per dozen ;
Grouse 4s. to ss. per brace; Partridges 3s. to 4s. 6d. per
brace; Geese 4s. to 7s. 6d. each; Ducks Is. 6d. to
2s. 6d. each ; Wild Ducks 2s. to 4s. per couple ; Wid-
geons 2s. to 2s. 6d. ; Chickens 3s. to ss. per couple;
Pheasants 2s. 6d. to 3s. 6d. each ; Black Game ss. to
10s. per brace; Tui kepi 4s. 6d. to 10s. each ; Surrey
Capons ss. 6d. to 7s. 6d. ; Fowls 3s. 6d. to Bs. per couple ;
Pigeons 6s. to 9s. per dozen ; Snipes, Plovers, and Teal
6d. to Is. each ; Larks Is. per dozen. For shipping,
Live Old Hens, t 2
ls. Bd. eah Ducas, 2s.
to 2s. 6d. ; and Turkeys, 2s. to 4s. 6d, ch. Eggs,
ss. 3d. to Bs. per 120.
COMMERCIAL MARKET.
Prices were firm, but few sales were made privately,
either for home use or export, and the auctions were of
little moment. Tne arrivals were light from all parts.
TEA MARKET.
The market was dull for Free Trade Tea, but in prices
no material variation occurred ; the tendency, however,
was downwards, the general opinion being that the differ-
ences existing between this country and China will now
be speedily settled. Company's Cungou dull of sale at
2s. 31d. per lb. cash.
TALLOW MARKET.
Buyers of Russian 'I allow were more on the alert, and
a fair business was done in P. Y. C. both on the spot,
and to errive, at 475. 6d. to 48s. per cwt. The stock
is much larger than last year.
SPIRIT MARKET.
Few buyers of Rum, and prices had a downward ten.
dency, the stock being on the increase. Brandy firm in
price, and in good request. British Corn Spirits dull of
sale: