The Sun.
London, England, 1846-11-16 00:00:00

CHILDS V. TOOK AND OTHERS.

This was an action of debt brought by the plaintiff, a
civil engineer, to recover 1,5601. from the defendant, as
one of the provisional committeemen of the Tunbridge
and Rye Harbour. There were eleven actions against
eleven different defendants for the same debt, and on a
former day Mr. Bramwell obtained a rule to show cause
why ten of the actions should not be stopped till the
eleventh had been tried and decided upon.
Mr. Sergeant Cbannell was heard against the rule,
and Mr. Bramwell in support of it.
The COURT ruled that as the defendants upon their
own showing could not obtain the relief they then asked
through a circuitous means, such as pleading in abate-
ment, the Court had no right or disposition to grant it
nominally. The difficulty in the case arose from the
peculiar circumstances and position of the association
into which the defendants had entered, and therefore
the defendants had by their own act sur-
rounded themselves with embarrasments which
the Court had no power to relieve them
from without throwing a degree of hardship upon
the plaintiff, who had not in any way abused the remedy
or the course of seeking a remedy, which the Legisla-
ture and the law gave to him. He could not safely
bring his action against the whole, because there was a
doubt whether the whole were liable jointly ; and, un-
der these circumstances, how ever anxious the Court
might have felt to reduce the difficulties, they could
not so do without entangling themselves and the
plaintiff in still further difficulties. The difficulty was
one which a court of law could not remove, and as it
was increasing daily in magnitude, perhaps it would
shortly receive the attention of the Legislature,
Rule discharged with costs.

COURT OF BANKRUPTCY, Nov. 14.
(Before Mr. Commissioner HOLROYD.)
IN RE EVANS AND EVANS.

His Howoun proceeded to give judgment on the appli-
cation for certificates to these bankrupts, who bad car-
ried on business in Bond-street as book auctioneers.
The facts of this case have been repeatedly before the
public. They were again detailed by the Learned Com-
missioner in giving his judgment, and his Honour con-
cluded by saying that to meet the justice of the case he
must suspend the certificate for three years.
An application was made for protection.
Mr. DUNCAN, on behalf of his client, supported the
application, but it was postponed for the consent of the
assignees.

POLICE INTELLIGENCE,
(SATURDAY.)
G UILDHALL.

The woman who, under the name of Jane Ilarvry,
was yesterday charged before Mr. Alderman Farn-
combo with an attempted fraud upon Lord A. Harvey,
M.P., was again placed at the bar this morning, when
his Lordship attended, and produced a letter which he
had just received from the clerk to the Commissioners
of Police at Brighton, to the effect that the prisoner was
not known at the address which she gave at No. 4,
Edward-place, in that town, and that there was no doubt
she was an impostor.

She had nothing to say in her defence beyond that
she belonged to Stratford, that her husband had de•
serted her, leaving her with two children, and that
destitution led her to attempt the imposition.
She was sentenced to seven days' imprisoment.
MARLBOROUGH-STREET.

William Blake, solicitor, Temple, was charged with
an assault last night on John Percival Johnson, in King
William-street, Strand, and afterwards in the Hay-
market.

The complainant said he was walking up Fleet-street
westward, and was surprised by the defendant coming
up and saying that he had knocked off his hat. The de-
fendant demanded his address, which was refused him,
and he followed him on to the Edinburgh Castle, where
he made a disturbance and wished to give complainant
into custody, but several policemen refused to take the
charge. Complainant and his friends proceeded along
the Strand, the defendant still following them, and in
King William. street, another policeman having refust d
to take the charge, the defendant went in before com-
plainant and gave him two or three slight slaps in the
chest with the back of his hr.nd, saying " I'm a solicitor
in the Temple and know what I'm about; now I have
committed a breacn of the peace." The whole party
moved on into the Haymarket, and the defendant re-
peated the same thing there, and was taken into custody.
Police-constable, F 28, who took defendant into cus-
tody, deposed as to his insulting manner towards com-
plainant.
Mr. LONG (to Mr. Johnson)—Do you deny having
knocked off defendant's hat ? Mr. Johnson—On my
oath I deny it.
The defendant aemitted the assault. He said he had
committed it to ascertain the complainant's address.
Mr. LONG fined the defendant forty shillings.
The defendant paid the money, and left the Court with
the address of the complainant.