The Sun.
London, England, 1832-06-16 00:00:00

REPRESENTATION OF BOLTON.

On Wednesday, the other candidate to represent Bolton,
in addition to Colonel Torrens, namely, Mr. I. A. Yates,
of Liverpool, addressed the gentlemen who frequent the
Exchange Roams, in an able speech, in which he declared
himself as to his political views, for the repeal of Corn
Laws—abolition of useless taxation—against all monopo-
lies—for a Reform in civil and commercial law—for re-
medying all local and general abuses—and for the general
extension of liberty. He has since been canvassing the
electors with great success. The Colonel's friends have
not been idle, but their success is a good deal neutralized
by his absence, as he is a good electioneerer.
As the two candidates go as far in liberality as any two
men can go, and as the Tories do not mean to bring a can-
didate into the field, it is considered quite likely they will
be the sitting members, particularly as they are both the
enemies of that system of commercial policy, local, and
general oppression, which has had so bad an effect on our
industrious population.

There seem; a general desire by all the Reforming
parties to put in two good men, and those now in the
field seem also to meet with general approbation ; and
even those who were expected to get up an opposition
seem also as if they were inclined to sacrifice a little in
favour of men who have been tried and not found wanting.

Some extensive sales have taken place yes-
terday at the Stock-Exchange, which have produced a
rather unusual demand for money, and a depression of
prices, though not to any material extent, but they are not
traced to any cause of a general nature, and originate,
probably, in the preparation making for those election
contents which all now consider inevitable, and near at
hand. The monied resources of the Tories, as well as
their personal influence, are, it seems, to be lavishly sup-
plied for the purpose. This being with them a vital
struggle to maintain their old footing in Parliament, it is
likely that more money will be spent on the approaching
election than on any which has occurred for a very long
time. As a specimen, may be mentioned the subscriptions
making by the Conservative Club, the members of which,
as the condition of continuing to belong to it, have been
individually called upon for large contributions, besides
those which are volunteered by the more active and
zealous among them. They will be met, however, in the
metropolitan districts, by an organization as complete and
effective as their own. Many causes at first combined to
prevent any steps for the return of such Members to the
new Parliament as would justify the bestowing that privi-
lege upon the new districts. Among these may be enu-
merated the great extent of the canvass, which has alone
deterred many men from coming forward, and that unac.
quaintance with each other which necessarily exists among
a large body of electors about to be called upon for the
first titne.to act in that character. Committees are now
likely, however, soon to be formed, and the strength of
parties so estimated, as that the way may be paved for
the return of fit representatives at as little cost or trouble
to themselves as possible. For the city of London, the
complete.—organiza Tim
organization of such a Committee is, we understand, nearly
We are given to understand, that on the 15th
inst., the Grand Jury sitting at the Court of King's
Bench, Westminster, ignored a bill of indictment pre-
ferred against Mr. AnamsoN, a solicitor of Ely-place, by
Mrs. BURNS, who on the 24th April last, made a charge
against that gentleman before Mr. Mixstittra. at Bow-
street, for and assault alleged to have been committed on
the Bth of the preceding month of March.
COVENT GARDEN.--It is now certain that
all difficulties respecting the management of this theatre
have been removed by Laporte, and that he was put in
possession of it on Saturday last, the day on which the
treaty was concluded and signed. The engagements are
going on, and we again give for certain, that the English
representations will cease in a few days, and that the French
representations will immediately succeed them. Aladlle.
MARS is coming accompanied by ARMAND of the Comedic-
Franc aise , and there is a great talk of getting up, for
Mdlle. TAGLIONI, the Sy/phide, a ballet in which that
charming dancer attracts all Paris. In fact, from what
we hear, LAPOItTI is preparing for us ROM delightful
maioge,m,T7te Parrog. 1

ROLLS COURT.-(THIS DAY.):

SLIGHT V. BARrolv.

Mr. BICKERISTETH, with whom was Mr. K. PARKER,
appeared for the plaintiff in this cause, who was the
.owner of extensive leasehold property, under the City of
London, in Finsbury-square and its neighbourhood.
The present bill was filed for the purpose of compelling the
defendant specifically to perform the agreement for an un-
der-lease by the plaintiff to him. It appeared from
the statement of the Learned Counsel that the
lease from the City of London to the plaintiff
contained clauses restricting every offensive or obnoxious
business being carried on upon the premises, and that
sometime since the plaintiff agreed to under-lease to the
defendant part of the property situated in Providence-
row. An agreement for a lease was drawn up, but no
actual lease ever was made ; the defendant, who is
an engineer and patent metallic piston maker, en-
tered the premises, paying 501. for the fixtures.
He carrying on of the business caused consider-
Aide annoyance to the neighbours, who complained
to the plaintiff, and upon his remonstrance with the de-
fendant, that he ova• acting contrary to the terms of the
agreement, and in direct violation of the original lease, by
the provisions of which he, as well as the plaintiff, was
bound ; the defendant denied that the covenants in the
original lease were binding upon him, and continued still
to carry on his trade, to the great annoyance of many of
the inhabitants of Finsbury-square. The plaintiff, there-
fore, was compelled to file the present bill, for the specific
performance of this agreement, and also for an injunction
to restrain him from carrying on his trade in the manner
he had done.

Mr. PEMBERTON and Mr. BARBER, for the defendant,
contended that at the time the agreement was eotered
into the plaintiff and his agent knew perfectly well the
nature of the defendant's business. If the prayer of the
present bill was granted it would be utter ruin to his
client, a poor man.

Mr. BICKERSTETH, in reply, urged stronely that the de-
fendant had been earty:ng on a busine,,a inconeistent with
an engineer.

The MASTER OF THE ROLLS wished to know wile. er
the Learned Counsel wished an inquiry on that subject?
Mr. BICKERSTETH wished such an inquiry.
Mr. PEMBERTON objected to it.
The MASTER of the RoLLs would direct such inquiry
if Mr. Bickersteth wished it. If on the result of that en-
quiry it turned out that the defendant had been carrying
on a business not ordinarily comprised i❑ that of an en-
gineer, although his Honour would not compel him to
take the lease, yet he would leave the Flaintiff to his remedy
at law, and dismiss the bill without costs. If the defend-
ant, however, had carried on such a business, as was ordi-
narily considered under the appellation of engineer, he
should give him the costs of the suit.
Mr. BICKEKSTETH was in hopes the parties would
be enabled to settle the matter out of Court ; and ulti-
mately it was agreed, by consent, to take a decree for a
specific performance.
His Homoun will sit at the Rolls Court on the 18th,
19th, and 20th, and then adjourn to the 2Gth.

KING'S BENCH.-(THIS DAY,)

SOULLEY V. SMITH.

Lord TENTERDIN gave judgment in this case this
morning. It was an action brought against the West
India Dock Company for a non-delivery of goods. The
declaration averred, that by order of the Court of Directors,
certain goods were put up to auction, under certain condi-
tions and stipulations ; that the plaintiff purchased the
goods, paid the required deposit, and complied with the
conditions of the sale ; but that upon tendering the re-
mainder of the purchase-money, and requiring the deli-
very of the goods, the Directors refused to deliver them.
The verdict was for the plaintiff. An application had after-
wards been made for a new trial, upon a point that was
decided during the argument. The Court were then
required to order an arrest of judgment, on the ground that
the action could not be maintained against the defendant
in his capacity of Treasurer of the Company, upon a con-
tract made by, and with the Directors. The Court were,
however, of opinion that the contract with the Directors
was, in effect, a contract with the Company. By the
West India Dock Act, the 39th George 111., chapter 69,
the Directors were appointed to manage the affairs of the
Company, so that everything was done by the Directors,
whose acts were the acts of the Company, and the de-
fendant having been appointed the Treasurer, he was, in
the opinion of the Court, liable to be sued in this action.
The rule was therefore discharged.
THE KING D. THE MAYOR AND RECORDER OF THETFORD.
Sir JAMES SCARLETT showed cause against a rule
which had been obtained by Mr. Austin, calling upon
the Mayor, &c., of the borough of Thetford, to show
cause why a mandamus should not issue, commanding them
to hold a Court of Pleas on every Monday in each week
(excepting during Christmas, Easter, and the time of
Pentecost) pursuant to the charter, either at the Guildhall
or some other convenient place within the said borough.
The charter, which bore date the 12th March, in the six-
teenth year of the reign of Elizabeth, established a corpo-
ration in the town of Thetford, consisting cf a Mayor, Re-
corder, ten burgesses and twenty of the commonalty, and it
empowered the Mayor to hold a Court of Pleas and Record
every Monday (except during Christrnas,Easter, and the time
of Pentecost), for the trial of actions of debt, trespass, &c.,
for any sum not exceeding 501., " according to the
custom of the Court in the city of Norwich." Now the
affidavits did not show what the custom of the court at
Norwich was, nor that at the date of the charter thee•
was any such Court there. There was a Court of Equity
at Norwich according to the charter of Charles the Se-
cond ; but it did not appear that there was any Court of
Pleas there. One ground of the opposition to this
rule was, that it ought to have been shown that
there was at the time of Elizabeth a Court of
Pleas at Norwich, and what the custom of that Court
was, otherwise the Mayor of Thetford could not be guided
as to what form of regulation he was to adopt. Another
answer was, that according to the recollection of the oldest
inhabitant of Thetford, no arch Court had ever been held
there. It was true, that on the other side, it was stated,
that a Court had been held in 1780, but his (Sir James
Scarlett's) affidavits stated, that the oldest inhabitants
could not recollect one. The charter could not refer to the
Court of Equity at Norwich, because the King could not by
Charter establish a Court of Equity.
Mr. FOLLETT followed on the same side.
Lord rENTERDEN said there seemed to be some diffi-
culty in the case. The Charter of Elizabeth ordered a
Court to he held " according to the custom of the Court
at Norwich," and yet it did not appear by the affidavits
that any such Court was then in existence at Norwich.
He asked how Mr. Austin could get over the difficulty ?
Mr. AUSTIN referred to his affidavits, and said, that by
the Charter the Mayor was bound to hold the Court ; the
part that referred to the custom of the city of Nor .vicb,
was only applicable to the forms of process which were to
be issued by the Court, and which were to be similar to
those issued by the Court at Norwich. It appeared by the
affidavits, that 50 years ago a Court was held at Thetford,
and although it certainly was not sworn that a Court ex-
isted in Norwich in Queen Elizabeth's reign, it was fully
sworn that there was one at the present time.
Their Loanssurs thought there was some ambiguity in
the affidavits, but as there was a Court at Norwich now,
they might fairly infer that there was one at the date of
the charter.
The rule was then made absolute.

SHIPPING INTELLIGENCE-(THIS DAY.)