The Sun.
London, England, 1847-02-09 00:00:00

ANSTRUTITER. AND OTHERS v. ARABIN,

Mr. M. C. Hill, Mr. Bethel!, and Mr. M'Christie appeared
for the appellants; Sir Fitzroy Kelly and Mr. Lloyd appeared
for the respondent.
Mr. LLOYD applied that the case might stand over to an-
other day, in consequence of Sir Fitzroy Kelly being unable to
attend, but their Lordships refused the application.
Mr. Hsu. stated the nature of the case. It was a petition
to her Majesty, praying for leave to appeal from a judgment
of the Supreme Court of the Island of Ceylen. By the 52d
section of the charter of Ceylon, by which legal proceedings
there are governed, parties litigant have a right de jure to
appeal to her Majesty in council, against any final order,
judgment, or sentence, that may be pronounced by the courts
in Ceylon, but not against an interlocutory order
or any order or sentence not having the effect of
a final order; and in the present instance the
order complained of was neither a final order nor
could it very well be said to have that effect ; hence the ne-
cessity of presenting the present petition under the
53d section of the charter to her Majesty • for
leave to appeal under the peculiar circumstances of this case.
The plaintiffs were the administrators of the property and
effects in the island of Ceylon of the late Right Hon. Mr.
Stewart Mackenzie, who was formerly Governor of that
island. He died possessed of a large estate there, upwards of
300 acres of which were cultivated as a coffee plantation.
It was alleged by the respondent that a sale ache estate had
been made to him by the agent of the late Right Hon. Gen-
teman, and by some means or other he got possession of it
so long ago as the year 1843. The appellants denied that
any seat sale had been made, and commenced an action of
ejectment against the respondent in the early part of last
year for the purpose of recovering the possession of
the estate and obtaining damages. By the practice of that
island all original proceedings must be instituted in the pro-
vince in which the property is situated; and from every
interlocutory proceeding taken there, the parties have the
right of an appeal to the Supreme Court at Colombo. The
proceedings in the present case had therefore to be com-
p menced in Kandy, and for nearly one entire year the road
between Kandy and Colombo had been traversed with ap-
peal after appeal made by the respondent until the
order now complained of had been pronounced. After the
utmost difficulty on the part of the appellants, they obtained
a judgment and verdict on the 31st of July, 1846, from the
District Court of Kandy, by which the respondent was or-
dered to deliver up possession of the estate to the appellants,
and to paythem 6,0001. as and for damages and mesne profits,
together with the costs of the suit. The respondent had
previously repeatedly moved for commissions to examine
witnesses and parties in England, all of which, with other
applications and appeals, in the shape of dilatories had
been refused. He appealed to the Supreme Court against
the final order of the 31st of July of the District Court of
Kandy, and, after having heard the case argued at great
length, the Learned Judge stated :—" I don't intend giving
' my opinion to-day. I feel this to be a case of nicety, anti
would rather wish for time to consider it. We shall put off
the case, therefore, till Thursday, if it will not be any incon-
venience for you assessors to come here then again. lam
sorry to give you that trouble, but this is an important case,
and the position of the Court is rather difficult, being a question
not of law, but ./'justice; and there are so few rules to guide
the Court in adrninistering justice AS DISTINCT FROM LAW,
that I think it better to take further time to consider it.
I shall give my opinion on Thursday." Accordingly on
Thursday the supreme Court, deciding upon its view of
justice as contra-distinguished from law, set aside the judg-
ment and verdict of the Court below, and remanded the case
back for a new trial, requiring further evidence to be
given on both sides, and giving the respondent
liberty to amend his proceedings, which would inevitably
have the effect of causing the whole thing to be gone over
again de novo. The appellants had been under the necessity
of sending out his (Mr. hill's) Learned Friend, Mr.
M`Christie, to assist in the conduct of the cause in Ceylon.
That gentleman had now returned, and he had had the be•
nefit of consultations with him, and his assistance on the
present occasion ; he was able, therefore, to state with ac-
curacy the facts, for Mr. M'Christie had been present at,
and taken part in, all the preceedings which had taken
place in Ceylon. Mr. M'Christie objected to the
Judge of the Supreme Court remanding the case
back to the District Court, bat submitted that, if he
did send it back, it ought not to do so except upon the
payment of the costs by the respondent, and certain other
terms being imposed. The Supreme Court, however, refused
to impose any such terms, notwithstanding the respondent
was residing in France, and out of the jurisdiction of the
Court ; and without any such, back it sent it, which the ap-
pellant considered and felt to be a very great grievance.
With a view to appeal to her Majesty, Mr.
M'Christie, after the judgment of the Supreme Court,
now complained of was pronounced, moved that Court for a
certified copy of its record of all the proceedings there in the
cause. That motion was granted, and that record was now
ready to be produced to their Lordships, so that every thing
that maid enable the Judicial Committee to arrive at a judg-
ment upon he rights of the parties was before it, and there-
fore he (Mr. Hill) submitted that this was a case in which
the appellants ought to have leave to appeal.
Lord BROUGHAM observed, that his difficulty was to
know, how the Judges or the powers of the Supreme Court
of Ceylon had the ability between Tuesday and Thursday to
prepare a code of justice as distinguished from law, by which
they could have been enabled to decide any question in this
case.— (A laugh.)
Mr. LLOYDD submitted that the appellants were not at
liberty to come to her Majesty without having first gone to
all the judges of the Supreme Court collectively, by way of
review, as provided by the Charter. He also submitted that
this not being a final order, the appellants bad no right to
come here at all, and that they had not shown sufficient
pressure upon them to entitle them to call upon her Majesty
for the exercise of her prerogative in granting them such an
indulgence as they now prayed for.

Lord CAMPBELL considered that it surely must be but fair
that the appellants should have an opportunity of supporting
the judgment they had obtained from the District Court;
and it would be impossible for them to do that if liberty
were not now given them to appeal.
The MASTER of the ROLLS said that the necessity ofhaving
gone to the Collective Court before the appelants came here
only existed iu the case of afina/ order, which this was not
said to be.

Lord BROUGHAM called en Mr. M'Christie to state if he
thought proper, anything that might occur t• him, from his
local knowledge of the island, as he had been there.

Mr. M'ClutiSTIE said the respondent had had every oppor•
tunity, on all occasions, of defending himself, that the whole
of the proceedings, as certified by the Supreme Court, were
now in London, and ready to be produced to their Lordships,
and it was a well-known fact, both between the legal ad j
•
visers on both sides in Ceylon, and also to the judges
there, that no decision of the courts there would be submit-
ted to by the parties in this case, without in the end coming
to their-Lordships; and, therefore, it was of the utmost im-
portance that the case should now be entertained here.

Their LORDSHIPS were all clearly of opinion, that under
the circumstances of this case, the appellants ought to be
allowed to appeal, and liberty was granted to do so ac-
cordingly.

GEILS v. GEILS.
This case came before their Lordships upon appeal from
the decision of the Court of Arches.

Upon the case being called
Lord BROUGHAM, on the part of their Lordships, desired
all parties except those connected with the case to with-
draw; he did so because the facts of the case were of so in-
delicate a nature that the public morals required that they
should not be put forth before the world.
Strangers then withdrew, and the argument on the case
occupied their Lordships in private the whole morning.

VICE-CHANCERY.-(THIS DAY.)
(Before the VICE-CHANCELLOR of ENGLAND).
Ills Honour the VICE-CHANCELLOR of ENGLAND sat in
his Court in Lincoln's-Inn to-day and took motions, but no
case of any public interest came befuro his Honour during
the morning.

MIDDLESEX SESSIONS.
(THIS DAY.)
The February general Quarter Sessions for the county of
Middlesex commenced this morning, before the Assistant-
Judge and a full bench of magistrates, when the number of
prisoners for trial was 90, of wham 83 were charged with
felony.
the usual form, and, in allusion to juveednilte
that of the 90
The Learned ASSISTANT-JUDGE charged the. giroaanlsd,j
suariydiint
was with exceeding regret he perceiv
33 were children, in the true sense
criminals whose names appeared on tohfetchaelendar,
varying from seven to fifteen word—theirll o
less
than
s
a counterpane, value 108., the property gorlo_hbolmanasketpsaagned,
John Williams was indictedy
Esq., of Hyde Park-gardens.
of two constables of the D
that on the night o
etaarratealin
of the 2d inst., about
division of police,
seen coming out of Mr. Page's
the prisoner was
ten o'clock,
It appeared from the evidence .
what it' contained, he immediately
of them as to
by one d for the time in effecting his
and succeeded stables carrying a large bundle, and upon being challenged
threw it down,
Giles s. Upon examining the bundle
• house in t. i . .
escape, but was
seventually taken into custody at a low
lodging-
• ner with a daring and adroitness showing
it was round to contain. the articles charged in the indictment,
which the priso ,
him to be an experienced hand, managed to take from some
of the rooms up stairs, which were unoccupied, Mr. Page's
family being out of town at the time.
The prisoner, who cross-examined the witnesses for the
prosecution with a lawyer-like tact, was found Guilty, aid
sentenced to six months' imprisonment with hard labour.
Matthew Murphy was indicted for stealing a watch, the
property of Jean Rodrigues, who gave his evidence through
the medium of a Portuguese interpreter, and stated that he
was at a public-house in Wapping, called the Jolly Sailors,
when the prisoner came next to him, and managed to abstract
his watch from his waistcoat pocket.
To the evident surprise of the prisoner himself, he was
Acquitted.
Mary Anne Nielwlson was indicted for stealing a purse,
containing 9s. 6d., the property of Thomas Carpenter.
The robbery was one of the ordinary street robberies by
females, and a verdict of Guilty was returned.
The Learned ASSISTANT •JUDGE, in passing sentence, re-
marked upon the great increase latterly of this species of
robbery, and sentenced the prisoner to six months' imprison-
ment.

SURREY SESSIONS.—(THIS DAY.)
BURGLARY. William Adams and Henry Parker were in-
dicted for breaking into the dwelling-house of James August,
at Beddington, near Croydon, and stealing therefrom a waist-
coat, some cheese, and other property.
It appeared from the evidence of the different witnesses
that on Sunday night, the 31st ultimo, the house of the pro-
of:Win was entered, and the property ot9lett thoreniz Oa

the following morning the prisoner Parker sold the waistcoat to
a man named Wright, a beer-shop keeper at Croydon, who
afterwards pledged it. The prisoners on being apprehended
denied all knowledge of the robbery, but Adams afterwards
said that both of them went on the Sunday night to Au•
gust's house, being familiarly acquainted with him, but not
finding him at home, he (Adams) broke a square of glass in
the back kitchen, and took away the property, not for the
sake of stealing, but for a lark. Adams further added, that
he gave the waistcoat to Parker for the purpose of
selling it.
It appeared in evidence that both prisoners held respectable
and responsible situations at Croydon, and were on familiar
terms with August, who had on the same Sunday night
been drinking together at a public-house at Beddington,
where they separated at nine o'clock. August said that on
his arrival home he heard a noise of some persons leaving the
house, therefore it was alleged that it could not be the pri-
soners, but some other persons, as they were known to be at
Croydon at the time.
In defence, Adams said that he received the waistcoat from
a man at NI right's beer-shop on Monday morning, and asked
Parker, who was with him, to dispose of it. He denied that
they were at August's house on Sunday night. He made
that statement not knowing what he said.
Both prisoners received excellent characters for honesty
and general good conduct.
The CHAIRMAN briefly summed up, and the jury returned
a verdict of Acquittal for both prisoners.
Wiltianz Pollard, a farm labourer, aged 33, was indicted
for feloniously stealing at Cranley one live sheep, the pro-
perty of Thomas Killick.
Thomas Killick, the son of the prosecutor, said that about
seven o'clock in the evening of the lit inst. he counted the
sheep belonging to his father, and found the number (70) all
safe in the fold. On the following morning, about eight
o'clock, he again counted them, and missed one. He then
looked about the fold, and in a ditch, at the lower parts
found the skin, entrails, and head of the missing sheep.
There were footsteps of hobnailed boots, and near the skin
the marks of corded trousers. The whole of the sheep were
marked with pitch, and the skin corresponded with the others.
William Henry Biddleton, superintendent of the Godsl-
ming police, said that on the morning of the 4th instant, he
went to the prisoner's house, at Cranley, near Mr. Killick's
farm, and searched it. He there found an old frock, covered
with blood, a chopper with mutton fat on it, and a sack with
small pieces of fat sticking to it. He then went up stairs,
and on ascending perceived a curious screw on the top of
the eighth step. He procured a screw driver, and having
extracted the screw, discovered a secret cupboard, in which
a portion of a sheep had been deposited. His attention was
afterwards called to• a well at the rear of the house, and on,
looking into it perceived lumps of fat floating on the surface
of the water. He procured grapnels, and succeeded in pull-
ing out the carcase of an ewe sheep, excepting two ribs,
which had been cut out, and the head and skin. She carcase
corresponded with the skin in every particular. He then
took the 'prisoner into custody, and found the trousers he had
on, and his boots, to correspond with the marks near where
the skin was found.
Mr. Whitburn, a farmer, residing near the prosecutor, said
that he saw the prisoner, at 10 o'clock iof the morning of the
4th instant, carry a large bag to the vied at the rear of his
house, from which he took several pieces of mutton, and
throw it into the well. He afterwards gave information to
last witness.

William Street, a labourer, said that oil the night of the
Ist instant he saw the prisoner, in I:oLcipany with three
others, proceed towards High Hillocks (the prosecutor e
farm) with a sack under his arm.
The prisoner, who was undefended, :said that he knoll'
nothing about the sheep, it must have bean placed there by
other parties. He declared that he was
_ _

The CHAIRMAN summed up at some length, and thejurft
without the least hesitation, returned a verdict of Guilty.
The CHAIRMAN sentenced him to be tie nsported for the
term of fifteen years.
Mr. Biddleton received a high compliment from the Bench
for the activity he had displayed in furtive:, ing the ends of
justice.

BRAINTREE CHURCH-RA TE CASE

JUL,GMENT OF LORD DENZIL& N.
GOSLING V. VELST.

In the Court of Queen's Bench yesterday,.,. Lord Denman
delivered the judgment of the Court in this ea se, which ha!
excited considerable interest. The Noble and_ Learned Lord
reviewed at great length all the authorities is similar cases,
and went over the whole of the facts with gr eat care and
minuteness.

The Court held that the meeting at which the rate com-
plained of was made was duly and regularly culla d—that the
parishioners were bound by law to pay the exp ease of re-
pairing the church and every other expense nee ena try for the
decent and proper celebration of the service s Of the
church—that the proper way to do so was
imposing a money rate, and that that rate should be made
in vestry assembled. In the case before the Court it, appeared
that the meeting had been properly called; that tine PrGPi
tion for making a rate for the repair of the churck t ad been
duly put, and that an amendment was proposed,. which
was supported by the majority of the meeting. object-
ing to the making of any compulsory rate, on the Ore"
that it was opposed to their conscientious scruples sun d feel-
ings; that the chairman refused to act upon that amendment'
which was carried by a large majority; and that :there-
fore, the majority left the meeting, and there. :beinil
_An°
other amendment proposed, the rate, as originally pro_i,nPv""..'
was agreed to. That was the course of procel"'"_„Pd
and the Court was of opinion that it was regulalt, °-
that the rate was properly and legally made. IDA the
majority of the meeting proposed an alteration )1. 111 e
;.
amount of the rate, or moved any amendment Pe,.
nent and relevant to the object of the meeting,
_AI"
circumstances of the case would hare been eit27
but as it was, as the amendment proposed was wholly maids
the object for which the meeting was called, and as the ma
jority did not propose any pertinent amendment, but en
.r.;
contrary left the church, the court must look upoll_:"7.
amendment, and the opposition which took p1ec2L0,,,,
if it had not been made at all. Under all the circrn
hn dtO
of the case, the Court held that the parish IV"
piir the fabric of the church, that the proper wa, .
ne Coma
was by money rate, and that in the case before t
must.
the rate had been properly and legally made, and they
therefore, decide in favour of the defendant.
The Bishop of London sat on the bench, on the right of
--v
to do 30
Mr. Justice Patteson during the delivering of the judgment.
after which he left the Court.

INFORMATION UNDER THE METROPOLITAN BUILD..
INcs ACT.—A case. of considerable importance came on yes-
terday in a Court of Referees, being, we believe, the first
held under the Metropolitan Buildings Act, for a breach of
the provisions of this Act. The Court was held at the office
of the district surveyor, Bermondsey-square, Mr. Simmonds,
the registrar, presiding. The information was promoted by
a Mr. Boulanger, a Frenchman, occupying premises in the
rear of Bermondsey New-road, and there carrying on tbe
business of a japaumer. A Mr. Sug den, a builder, having
thought fit to form a new street in the vicinity of his pre-
mises, had built several houses, lealsing but ten feet space
between them and Mr. Boulanger n property, whereas the
Act requires that no alley shall Jae constructed less than
twenty feet wide, and no street less than fifty. Several wit-
nesses were examined, and these facts were sworn to in evi-
dence. The defence set up was, that the land was private
property, although it was admitted that it had been a publis
way for a great number of years. The official referees Said
they knew of no private interests, and that the Metropolitan
Buildings Act was never intended to a erve private purposes,
but the interests of the public at large.. After a very pre-
tracted discussion the proceedings were brought to a close,
it being understood that the informant had fully made out
his case, which will require the demolition of the houses, or a
sufficient compensation to Mr. Boulanger.. The official award,
however, will be made in a few days.
CAUTION TO MAN UFACTURERS.A rather novel
,y stem of fraud was brought to light at the Southern District
Police Court, on Monday last. A woman named Jean Pei-
lock, who, along with others, receive 11 lbs. of yarn each day.
from their employers, Messrs. Gourley and Co., was found
guilty of fraudulently retaining at least *lb. each day in her
possession. Being obliged to 'return the particular weight
received she effected both purposes by boiling the pirns, and
they being composed of soft wood, absorbed the water, thus
making the weight equal to that received. A woman named
Janet Fleming, belonging to Busby, acted as the reset, and
sold the booty in Paisley. Pollock was sentenced to thirty,
and Fleming to twenty, days' imprisonment.—Scotch
formers' Gazette.

OLD NICK, OR THE CHIMNEY SWEEP.---A short
time since, in a parish on the confines of Devon and Corn'
wall, an honest and thrifty fanner engaged a sweep to cony)
to his house, for the purpose of sweeping his chimneys and
flues; and as the worthy knight of the soot brash arrived
late
in the evening, he was provided with a warm supper and
comfortably domiciled in the barn, in order to commence
his operations early on the following morning. Sooty bad
himself comfortably is the winnowing-sheet, and
stretched his weary limbs on some clean straw, and bad
just resigned himself to the arms of Morpheus, when, 10,
man with a dark lantern, and another with a number of
sacks entered the barn, and speedily began to fill the sacks
with the wheat, which was lying in the barn-pool just fit for
the market. The sweep lay snug In his dormitory and
watched their operations, without saying a word; when one
of the thieves remarked to his companion, that they should
get on much more expeditiously in filling their sacks, if they
had got a third person to hold their candle. Sooty, witn
great simplicity, aroused himself from his rustic crib, and
exhibiting his ebony figure to the astonished robbers, coolly
raid to them, "I'll hold the candle for you." The con-
science-stricken thieves in their excited imagination readily
conceiving the "gentleman in black," to be no less a person-
age than his satanic majesty himself, hurriedly threw down
the sacks, flew through the doorway like a flash of light-
ning, and in their terror and hurry to escape the clutches of
Old Nick, actually took their departure, leaving a horse and
cart behind them, which they had intended for the transit
of the corn, and poor sooty, the only actor left on the stage,
speedily alarmed the sleeping inmates of the farm-house, and
put them in pursuit of the marauders, but with what success
reporter does not inform us.— Western Luminary.
FATAL ACCIDENT FROM THE FROST.--OH Sunday
night, about half-past eleven o'clock, as a woman named
Jeffries, living at No. 13, Camden-street, Kensington Gravel
Pits, was returning home, she fell with great force on her
back. She was assisted home by two policemen, but she
died shortly after her arrival, having ruptured a blood-vessel
by the fall.

A society is about to be formed in North Shields,
having for its object the prevention of the smoke nuisances
arising from steam-boats and manufactories.—Newcastle
JournaL

811C7718.
of York-
On the sth inst., the wife of Thomas Alexander, Esq.,
place, Portman-square, of a son, still-born.
On the sth inst., the wile of Mr. John William Burrows, of Upper
Albany-street, Regent's-park, of a daughter. Esq..
On the 6th inst., at Beddiugton, the lady ofJoseph Laurence,
of a son.

MARRIED.
On the 4th inst., at St. Mathew's, North Brixton, Charles Russell,
solicitor, Ityde, Isle of Wight, to Ellen, second daughter of the late
Thomas Forstr, Esq.

DIES.
On the 17th ult., William Thoraton, Esq., late surgeon of tke 99th
Regiment of Foot, aged 69.
On the tat inst., at Bayswater, Alexander Gordon Rose, aged 24.
On the 3d inst., in Old Cavendish-street, Miss Sarah Wright.
Archdeacon of Chester and Canon of the Cathedral, aged 83.
at Kens'ogton, Susanna, relict of the late Lieute-
On the 3d inst., at Chester, the Venerable Unwin Clarke, M.A.,
Want
tn
Gtleiene4rtahlinst.,
On the 4th inst., at Sion-hill, Bath, Harriet Margaret, relict oldie
Charles Barton, age .1 72.
late Major Dely, aged 69.
On the 4111 inst., at Denton Hall, Lincolnshire, Lady Welby, wife
of sir William Earle Welby, Bart., aged 75.
On the 4th inst., at (Alston Rectory, George Moody, Esq., aged 75.
On the sth inst., at karFs-court, Brompton, Jane, the wife of Cap-
tain T. W. Baldwin.
On the sth inst.. Mr. Alfl'ed Fisher, Rose-street, Newgate-market.
On the sth inst., Mr. William Pearce, of Clare-street, Lineolifil
Inn.ileids, aged 43.
On the sth inst., at Thavies Inn, Mrs. Ann Luke, aged 61.
On the 6th inst., at Philly Brook House, Leyton, Ewes. Roiph
Henry Doxat, Esq., aged 46.
Well-street,
On tile 6th inst., in Dorset-square, R. Fell•wes, LL.D.. aged 77.
son,
etshiede6nttli
tutorinst of the .' at V eh 111a-csktrneeeyt,
Theological Hackney, the tsheeminßeaxiy. ?eorge COlll-

- - - -
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9r the savoy, ih the Cant/ of Middlesex, PLOW. Fe!
portiary 8, 1347,