The Sun.
London, England, 1846-11-02 00:00:00

ErFiro 741ifton
4,2

CHANCERY.-(THIS DAY.)
(Continued from our Afternoon Edition.)
Mr. Sergeant Murphy and Mr. Sergeant Byles were
called within the bar by the Lord Chancellor, having
received patents of precedency.
The Court rose shortly before three o'clock.

ROLLS' COURT.-(THIS DAY.)
(Continued from our Afternoon Edition.)
SMITH tP. SMITH.
Mr. Smith, the defendant in this cause, having stated
that he would not give any explanation of his refusal to
give answers in the above cause, was committed to her
Majesty's prison.
Several unimportant motions were disposed of, and in
the course of the day Sergeants Talfourd, Manning,
Murphy, and Byles, having received patents of prece-
derce, were called within the bar by his Lordship.
The Court adjourned at the usual hour.

i VIUE-CHANCERY.—(THIS DAY.)
(Before the VICE-CELANCELLoR of ENGLAND.)
(Continued from our Afternoon Edition.)
NEW QUEEN'S SERGEANTS.—III the course of the
morning Sergeants Talfourd, Manning, Murphy, and
Bsles, were called by his Honour the Vice-Chancellor of
England within the bar, the two former having been
appointed Queen's Sergeants, and the two latter having
received 'patents of precedency.
The Court rose at half past three o'clock.
(B, fore Vice-Chancellor WIGRAM.)
(Continued from our Afternoon Edition.)
Sergeants Talfourd, Manning, Murphy, and Bylee,
were called by his Honour within the bar, having re-
ceived a patent of precedence.
His HONOUR having disposed of a number of motions
which, as usual on the first day of term, were very un-
interesting, the Court adjourned at the usual hour. .

THE QUEEN V. NEWTON.
The ATTORNEY-GENERAL in this case called upon the
Court to pronounce a rule regulating the allowances to
be made to the Sheriff of Middlesex in cases where
seizures were made on behalf of the Crown. It ap-
peared that by an Act passed in the 3d George 1.,
sec. 3 and 18, a certain poundage was allowed upon the
levying of all Crown debts, in full satisfaction of every
charge of the sheriff, The Ist Vic., chap. 55, sec. 1 and
following sectiuns authorised the judges to make a rule
for allowing the sheriffs certain fees upon execution, and
the question to be decided, and upon which a rule was
prayed, was, whether the sheriffs were entitled to re-
ceive as poundage, in addition to the allowance authorised
by the 3d Geo 1., the sum allowed. by the 3d Vic.
BRIGGS V. HAYES.
Mr;CnownEn, Q.C., moved for a rule in this case to
compel the defendant, who was a share-broker, to render
further particulars of the contracts made and entered
into on behalf of the plaintiff in the sale and purchase
of a number of railway shares, the loss upon which had,
"'rem time to time, been placed to the account of the
defendant. In the bill of particulars which had been filed
by the plaintiff, no mention was made of the names of any
of the parties of whom, or to whom, the sale or purchase
of the shares had been made ; and the Learned Counsel
therefore contended that such particulars were abso-
lutely necessary, in order to enable the defendant to
rebut if possible the statement {of the plaintiff, and also
to enable him to prove whether such contract had or
had not been entered into on his behalf by the plaintiff.
—Rule granted.

COMMON PLEAS.—(THIS DAY.)
(Continued from our Afternoon Edition.)
Cox v. DREW.—DERBY RACE-COURSE.
Mr. Sergeant CLARK moved for a rule to set aside a
verdict granted in this case, which was tried at the last
Derbyassizes before Mr. Justice Patteson and a specialjury
and to enter a verdict for the defendant on certain issues
preferred at the time, which stated that the property in
question had been used from time immemorial by the
corporation of Derby for the benefit of the inha-
bitants. The plaintiff denied that the property was
so situated, but that the corporation had only been
allowed, for a limited period, the privilege of using
the ground for the purpose of the races, and had
no right to the exclusive employment of it. The
Learned Gentleman went at some length into the
history of the case, from which it appeared that ever
since the year 1799 races had been run over the course,
the ground being set apart from the 16th of January to
the 16th of July, while during the rest of the year
cattle were turned into it. Recently the right of the
corporation to the use of the property in the manner
named had been opposed by certain parties, who had
religious objections to the running of .races, and the ac-
tion had been brought through the person who was
stated to be the real proprietor, in order to stop the
races. After a long trial a verdict had been given for
the defendant, but leave was given to move in the supe-
rior court for leave to enter a verdict for the defendant,
on the plea that the corporation had established the
right to the use of the property for the purpose named,
from the long time the races bad been permitted, and
therefore that the plaintiff bad no right to exclude the
inhabitants or the corporation in the mode attempted.—
Rule nisi granted.
NEW QUEEN'S COUNSEL. Messrs. Walpole, Hum-
phrey, Bacon, and Rolt, all of the Chancery bar, were
severally called within the bar as Queen's Counsel. Mr.
Sergeant Murphy and Mr. Sergeant Byles were also
called, having had patents of precedence conferred on
them.
THE QUEEN ON THE PROSECUTION OF BRIAN V.
EMS WORTH.
The defendant in this case, who had been guilty of
contempt of court for the non-fulfilment of an
(award made by the Court in this action, calling
on him to deliver up certain wine warrants, came up
to-day in an enlarged rule, granted last term,
since which he has been out on bail. The defendant
put in a number of affidavits, which were read at length
by the clerk, praying to be discharged by the Court, on
the ground that the alleged contempt of court had arisen
from the fact that, in the interim between making the
award and its execution the defendant had become
bankrupt, and his assignees had seized on the wine
warrants, so as to render the completion of the award
impossible.

COMMENCEMENT Or MICHALMAS TEEM THIS DAT).
—Westminster-hall, and the avenues which lead to it,
by mid-day evinced unmistakable signs that the inter-
regnum of the long vacation had passed away, and that
that the ancient hall of the various courts
were about to wear again their wonted as-
pect. Cabs, containing gentlemen "learned in the
law," followed each other in rapid succession to the
rendevous of law, and clerks and cads loaded with legal
Baraphanalia trotted also in shoals, in the same direction.
ustle and animation appeared everywhere. The very
officials of the Courts, and the various ticket porters and
Hangers seemed to have brushed off the rust of the past
and looked fresher than ever, but the counsel, especially
those who have something to do, expressed their joy in
smiles and jokes, Eien the writ-revers, almost frozen
out by the long vacation, looked happy—regretfully on
the past, but trustingly on the future. The entrance to
the hall, and the hail itself, were lined by respectably-
dressed ladies and gentlemen, anxious to obtain a sight
of the judges as they passed on to their respective
courts. They arrived at the Hall at half-past one
o'clock, the Lord Chief Justice and the Equity Judges
going into the Lord Chancellor's Court, and the Common
Law Judges making their way, headed by Lord
Denman, into the Court of Common Pleas.
They shortly afterwards separated to their respective
courts. They were attired in their full robes, and al I
looked remarkably well. All the courts presented an
array of counsel, the senior counsel being in full dress,
and respectably dressed persons—many of whom were
ladies.

law, and were also respectively called within the bar,
and took their seats accordingly.
12 RIFFEN V. BURLTEN.
This was a trial which took place before the Lord
Chief Justice at Hereford, in which nominal damages
were awarded to the ulaintiff.
Mr. GODSON, Q.C., now moved for a rule to show cause
why a new trial should not be granted, on theground of the
verdict of the jury being against the evidence offered in
the case.
The COURT decided that it would consult the Lord
Chief Justice before coming to any decision upon the
subject.