The Sun.
London, England, 1834-05-01 00:00:00

THE SHILLING MAGAZINE.

This was originally " Cobbetes Magazine," but
the word " Shilling," we suppose, has been found
more euphonious and taking than the word " Cob-
bett !" Certainly the latter title conveys an idea
of brass, and the readers of monthly periodicals
might be led to imagine that a magazine which sells
only for a few odd coppers cannot possibly be worth
much. Now, the word " Shilling" at once does
away with this impression, and doubtless, by
enhancing the value, enhances also the respec-
tability of the Magazine. The number of this
month is, on the whole, a clever one. But we
have neither room nor leisure to go into details.

The remainder of our Magazine notices we must
defer to some leisure moment.

COURT OF CHANCERY.-(THIS DAY.)

COURTMARTIAL -WRIT OF PROHIBITION.

Mr. Pricegentleman (we understood), a from the
common-law bar, applied to be permitted, at his lordship's
early convenience, to make a motion for a writ of prohi-
bition to issue from the law side of the Court.
The LORD CHANCELLOR—This Court interferes by in-
junction, not prohibition.
Mr. Price thought it right to state that he had applied
to tne Court of King's Bench, and failed; and that he in-
tended to apply now, upon a varied case, to the peculiar
jurisdiction of this Court.
The LORD CHANCELLOR—Prohibition issues for de-
fault of jurisdiction, and to prevent an interference of one
court with the jurisdiction and duty of another court, but
it does not issue from this court at all.
Mr. Price's complaint was for acting as a court in
in this kingdom without there being a proper judge. It
was the case of a courtmartial, and not like the eccle-
siastical cases that usually came before his lordship.
The LORD CHANCELLOR—AII courtsmartial, what-
ever they assume to do, if they execute their sentence on
their own authority, they do it at their own peril.
Mr. Price was aware of that, but the remedy against
the peril was sometimes worse than the disease, and most
military gentlemen thought it better, rather than enter into
squabbles in a court of justice, to submit to the decisions
and conduct of courtsmartial, whatever those might be.
Their motto seemed to be nil nisi armis. In the present
instance, however, there was a disposition to act diffe-
rently, and the intended application would be to the equi-
table administration of justice blended into law.
The LORD CHANCELLOR—This Court has no jurisdic-
tion to prohibit--it enjoins, but enjoins upon perfectly
different grounds. It is not because it desires, or is afraid
of the jurisdiction of other courts (which is the cause of a
prohibition issuing) but because it is an unfit thing for
another court to interfere pending a discussion here. How-
ever, I will hear your application, on the first day after
term.

IN RE TUBB, A SUPPOSED LUNATIC.
Mr. WRIGHT appeared on behalf of the lunatic, who
prayed that he might have due notice of the execution of
the commission, that it might be executed in Hungerford,
and that his trustee, Mr. Williams, who had sued out the
commission, might be ordered to advance to him 2001. for
the purpose of enabling him to defend the proceeding. The
petition stated that the supposed lunatic was entitled to
.considerable property—that the trustee had at least 800/.
cash in his hands belonging to that gentleman, and that he
had omitted to pay him any thing since the latter end of
1832.

Mr. GARRETT, counsel for Mr. Williams, denied that
any clear sum remained at this moment in his client's
hands of the supposed lunatic's money beyond 45/.
Consideaable discussion took place upon the affidavits as
to the state of the funds, when—
The Loan CHANCELLOR said he had great doubts re-
specting Mr. Williams' statement of them. However, he
would at present act according to precedent. He could not
order the money to be paid, but no trustee, or man living,
had a right to keep another man's funds from him, which
were necessary for him to have, in order to defend himself
against being found insane. It was monstrous—Worse than
monstrous, for a trustee to suppose that he could issue a
commission against his cestui que trust, and keep that
cestui que trust without the means of defending himself,

( PRICE 7D.)

the trustee being the supposed lunatic's friend in his
-own
pocket ! The Court would direct the commission to be
executed at Hungerford, in not less than a fortnight, and
the suppos A lunatic to have eight days' notice of it, but
not to be executed until the 45/. admitted to be in the
hands of the trustee of his cestid que money was paid to
him.

Mr. GARRETT then observed that in that case the party
-suing out the commission would be deprived of all means
of prosecuting it.
The LORD CHANCELLOR—I can't help that—he ought
to have looked to that before. Is he to have the supposed
lunatic's money, that:he may work a commission into it
against that unfortunate gentleman, while the gentleman
himself is to be deprived of all means of defence? I shall
tell you further, that if the individual should be found a
lunatic, Mr. WiHams will not be the person who will be
appointed committee.
Mr. GARRETT—No doubt, my lord, the master will
appoint a proper person to be the committee.
The LORD CuANcELLoa—Mr. Williams will not be
that person. I shall further add, that I shall expect this
commission to be executed. I shall not permit any tricks
or contrivances to be practised here; if they are attempted,
I shall know how to deal with them.
Mr. WRIGHT did not believe the commission would be
executed. It was admitted that if an opposition had been
anticipated, it would not have been applied for;. • -
The Loan CHANCELLOR—I shall attend to that, as far
as costs go, I can assure you.

VICE-CHANCERY COURT.—(THIS DAY.)
THE SURREY THEATRE.—En'ING V. ()SEA
Sir E, .applied • tttt.;•44*t=hfriPfer th,
plaintiff for an order calling upon the defendant to produce
and leave in the hands of his clerk in court certain books,
papers, and writings admitted in his answer to be in his
custody and power. The bill was originally filed for the
specific performance of an agreement for a partnership
with reference to the Surrey Theatre, founded upon cer-
tain letters which had passed between the plaintiff and de-
fendant. To that bill a demurrer was put in by the de-
fendant, and on its coming before the Court to be argued
it was overruled. The defendant had put in his answer,
admitting the books in question to be in his power, and
the whole matter was right before the Court. That being
the case, he (Sir E. Sugden) could not see upon what
ground it was intended to oppose the common order he
asked for. If he rightly understood the defendant's an-
swer, the ground on which he opposed the application was,
that if the accounts and books were produced, they might
expose him under the act of parliament to penalties. That
might be the case, but Mr. Ewing, as his partner, would
be equally liable to those penalties, and it would be rather
hard upon him, under such circumstances, not to have an
opportunity of seeing the papers he asked for. It had not.
been shown that Mr. Osbaldiston would not be subject
to the penalties he had stated, but he (Sir Edward
Sugden) thought that if he continued putting forth the un-
righteous defence he had done to this suit, the act of
parliament under which he said he was subject to those
penalties would be more strictly interpreted than it had
hitherto been with respect to him.

,

Mr. BEAMES reque'sted Sir Edward Sugden to read any
passage in the defendant's answer admitting the partner-
ship. It was denied in toto.
Sir EDWARD SUDDEN—That is the question to be tried.
Mr. BEAMES-But you say there is a partnership, and
that, therefore, you.are entitled to inspection of the books ;
now if there is one rule free from all controversy it is this,
that the court will never compel a discovery which exposes
parties to pains and penalties.
The VICE-CHANCELLOR—How came it that the Court
compelled you to answer?
Mr. BEAMES said that the allegations in the bill were
not sufficient to show that the theatre required a license,
and that therefore it was rather too much for the Court to
assume that it did require it. Added to which the Court
did not know where this theatre was situated. The learned
counsel apprehended that the defendant could as well pro-
tect himself by answering as by plea against making an ex-
posure that would subject himself to pains and penalties,
and in favour of that proposition cited the case of " Nelme
v. Newton," which he contended was an authority against
the application which he felt confident the Court would
dismiss with costs.
Mr. CARPENTER followed on the same side.
Sir EDWARD SUDDEN replied, and
His HONOUR give kis 's ent. He considered that the
case which had been cites- did not at all come within the
1 principle of the present case, in which the defendant had
laboured to prove that he was within the mischief contem-
plated by the statute, and had incurred the penalties of it.
"under such circumstances, how could the production of the
documents in -question by at 3'. ipssibility off.—t hioa„in a
more serious degree than he admitted he was affected ?
His Honour ordered the documents to be produced within
a week.

SHIPPING INTELLIGENCE-THIS DAY.

(FROM LLOYD'S.)
DEAL, Ar az L 30. —Wind W. S. W. , fresh. —Arrrived
the Brooks, from Mauritius ; Francis Jeffery, Fleming,
from Teneriffe ; and Gemilo, from Seville. Arrived from
the river and remains the Marquis of Camden, Larkins,
for China. -

PORTSMOUH, Amu 30.—Wind W., blowing hard in
squalls.—Arrived the Ajax, Laing, from Rio Janeiro ;
Speedy, Quick, from St. Michael's; and his Majesty's
steamer Phcenix, from Plymouth.
PLYMOUTH, APRIL 29.—Wind S. S.W.—Arrived the
Maria, Cumming, from St. Michael's; and Mary trans-
port, Spence, from Lisbon.
FALMOUTH' APRIL 29.—Wind variable, light breezes.
—Arrived his Majesty's ship Orestes, from Lisbon—sailed
the 21st, and Oporto the `sth ult. Sailed the Osprey,
Payne, for Vigo, with despatches.
CowEs, APRIL 30.—Arrived the Vicissitude, Brown,
from Havannah ; and Annise, Becquet, from Dunkirk.

. . . .
DUBLIN, APRIL 29.—Arrived the Boykett, Shotton,
from Bordeaux ; Emerald Isle, Buck, and Elizabeth, Wid-
dicomb, from London.
CORK, APRIL 28.—Arrived the Defiance, Kirk, from
Mauritius ; and Berlin, Moss, from Africa.
BEREIIA VEN, APRIL 29.—Arrived the Sanderson, Sage,
from Calcutta.

BELFAST, APRIL 28.—Arrived the Charlotte, Robin-
son, and Balclutha, 141illrea, from Alicant.

DOVER, Arm', 30.—Arrived off port the Gilbert Munro,
Duff, from Mauritius.
GREENOCK, APRIL 28.—Arrived the Frances, Grif-
fiths, from Charleston.

HULL, APRIL 29.—J. Gleadow, tide-surveyor of his
Majesty's Customs, seized a small smack, called the Nancy,
Maufrecy, from Dunkirk, laying off New Holland, laden
with apples and about 175 bales manufactured and cut to-
bacco, and has brought her into the Humber Dock.
LIVERPOOL, APRIL 29.—Arrived the Warren, Suther-
land, from Mobile ; and Newton, from Naples. Off port the
Constitution and Senator, Stacy, frow New Orleans ; and
Ontario, Connell, from Charleston.
MARGATE, APRIL 30.—Arrived the Glenalvon, Brown,
from Mauritius ; and Rolla, Barly, from Africa. Off the
Wight the Alexander, Cassie, from Smyrna ; and Pole-
mac, from Boston.

PORTLAND, APRIL 29.—Arrived off port the Cornubia,
Beard, from Baltimore.

The King George, Tatham, from Africa, was totally
wrecked, during a gale, on the 12th of March. The crew
and part of the cargo saved, and have been discharged.

THE MARKETS-(THIS DAY.)

HAY MARKETS.—, tc per Load of 36 Traises,.
CUMBERLAND.

..,......________.
Coarse heavy Lowland Meadow Hay £3 5 to £3 10
Kew Meadow Hay 0 0 0 0
Useful Old Ditto 3 15 4 0
Fine Upland Meadow and stye-grass Hay 4 6 4 10
Clover Hay 4 5 5 0
Oat Straw......£l Bto £1 101 Wheat :.ctraw

SMITHFIELD.
Coarse heavy Lowland Meadow Hay 13 0 to £3 5
New Meadow Hay 0 0 0 0
Useful Old Ditto 3 5 3 10
Fine Upland Meadow and nye-grass Hay ......
C over Hay (extra fine)... £4 15 —Generally
oit Straw ... XI 10 to .£ I 121 Wheat `rally
1 12 1 14

HUNGERFORD.

Coarse Meadow Hay
New Meadow Hay
Useful Old Ditto
Fine Upland Meadow and Rye f
Clover Hay
Oat Straw £1 12 to X 1 14 i

£3. 5 to .£3,1(1
o o 0
3 15 4 0
grass Hay 4 4 4 6
1 0 4 15
Wheat Straw t 14 1 16

,ET.--April 30.
Per Ton.
Walls End Beareth— 15 9
Walls End Perkins•...,.,.. 17 6
Russell's Eden Main— 11l 0
Lyons --. IS 6
Walls End Lamhton 19 9
ls
ls
W. E. Russell's Hetton.. 19 3
ND‘NV,iaat Ditto EndnNor
Walls End'Stewart's,..... 19 9
Walls End Adelaide 18 9
Walls EndtNifiele7tntillarric—_„ahn7l7:lll-7: d. 666
Walls End Tees -- 19 0
Walls End West Hetton 19 0
Cowpen 14 6
Hartley 15 6
Llangennech Pemberton 21 0
Neville's 'IZO 0
Silkstone Field and C 0... 16 6
last market-day, 78