The Sun.
London, England, 1835-11-23 00:00:00

CHANCERY COURT.-(THIS DAY.)

The Lords Commissioners (the Master of the Rolls and
Mr. Justice Bosanquet) sat to-day.

WATKINS V. BRENT.

Their LORDSHIPS gave judgment in this appeal, affirm-
ing the decision of his Honour the Vice-Chancellor, ap-
pointing a receiver without costs.

THE SKINNERS' COMPANY V. THE IRISH SOCIETY.

This case came before their Lordships upon motion on
behalf of the Skinners' Company, calling upon the Court to
order the defendants to pay into Court a sum of upwards
of 4,000/. ; that a receiver ought to be appointed of the
rents and profits of the estates in the possession of the Irish
Society, and that they might be restrained from further
getting in the rents of those estates. The bill was filed for
the purpose of obtaininc, the declaration of the Court that the
Companies of the city of London were the persons beneficially
interested in the revenues and profits of the estates in the hands
of the Irish Society, and that that Society were trustees for
them for the management of the property. The property
in question consisted of what was called town lands in
Londonderry and Coleraine, and the profits of certain fer-
ries and fisheries in the county of Londonderry, which had
been granted to the City Companies in the reign of James
the First. This part of the property not being considered
capable of division, it was placed in the hands of the Irish
Society as trustees to the City Companies ; that Society,
however, having, as the Skinners' Compauy contended,
managed the property inconsistently with their duty,
the present bill was filed. The lands in question had
formerly belonged to the rebellious chieftains in the north-
ern part of Ireland, who, at the suppression of the Re-
bellion were attainted, and their lands vested in the Crown.
James the First, wishing to colonize these parts of Ireland,
instead of granting the property again to the rebel chiefs,
or tri favourites at Court, held out inducements to persons
in different parts of the kingdom to take grants of the
lands. Those inducements prevailed with many, and
among the rest with the City Companies, who were now
in possession of the whole of the lands of two of the northern
counties of Ireland.
Sir WM. FOLLETT, Mr. WIGRAM, and several other
gentlemen, appeared for the Skinners' Company, and
Mr. KNIGHT and other Counsel for the Irish Society.

Sir WM. FOLLETT was addressing the Court, when our
Reporter left, on behalf of the Skinners' Company. The
case appears likely to occupy several days.

VICE-CHANCERY.-(THIS DAY.)

His Honour the VICE-CHANCELLOR was occupied the
whole morning with the part heard case of Powys v. Mans-
field.

KING'S BENCH.-(THIS DAY.)

EXTRAORDINARY AND NOVEL APPLICATION.-THE KING V.

THE LORDS OF HIS MAJESTY'S TREASURY.

The ATTORNEY-ChNERAL appeared to show cause
against a rule which had been obtained, calling upon the
Lords of his Majesty's Treasury to 'show cause why a writ
of mandamus should not issue, commanding them forth-
with to issue a Treasury Minute or authority to the Pay-
master of Civil Contingencies, or other proper officer, di-
recting and authorising him to pay to William Carmichael
Smyth The amount of the arrears of his pension, or retired
allowance of 1661. per annum, from the sth April, 1826,
to 10th November, 1835. This was an application of quite
a novel description, and if the Court would entertain it,
would very much increase the business of the Court, be-
cause all controversies between the Treasury and the other
Departments would hereafter be referred to it. This was
a mandamas addressed by the King to himself, command-
ing him to pay a certain sum of money, and the Lords of
the Treasury, 'although entertaining the most profound re-
spect for the Court, had offered no affidavits in answer,
submitting that this was not a matter of, which the Court
could take cognizance. It appeared by his affidavit, that
Mr. Smyth hail been at war with many successive Govern-
ents, beginning in 1826, when Lord Liverpool was first
Lord of the Treasury. In June 1811, Mr. Smyth was
appointed Paymaster of Exchequer Bills, and continued so
till 1826. When he received a letter from Mr. Hill, then
Assistant Secretary of the Treasury, apprising him that the
Lords of the Treasury had, in consideration of his distress-
ing state of health, submitted a vote to Parliament,
granting him a retired allowance of 1661. per annum, com-
mencing from the sth of April in that year. On the 26th
of November, 1829, the Duke of Wellington beinc, then
First Lord of the Treasury, Mr. Smyth received a'letter
from Mr. Dawson, the Under Secretary, informing him that
the pension had been granted, and that it would be paid
like any other retired pension, on application to the Pay-
master of Exchequer Bills. In May, 1835, Mr. Smyth ap-
plied to Mr. Nevinson, the Paymaster, who told him that
there were no funds for that purpose, and he then wrote to
Lord Melbourne, requesting his Lordship to inform him
what office he should apply to for the payment of
his pension. His Lordship's Secretary, in answer,,
directed him to apply to the Paymaster of Civil Services
at the Treasury. Mr. Smyth applied to Mr. Serjeant the
Paymaster, who informed him that he had received no orders
from the Lords of the Treasury to pay the pension. Lord
Melbourne's SecretaXT appeared astonished at this, and Mr.
Smyth subsequently wrote to Mr. Stanley on the subject,
but received no reply. A friend of Mr. Smyth's was after-
wards told, that if he would call on the Solicitor of the
Treasury, he would know on what conditions he should re-
ceive his pension ; and the conditions subsequently com-
municated to him by Mr. Bourcher, the Solicitor of the
Treasury, were, that he should sign a bond in 1,0001.
penalty, and a surety of 5001., not to take any civil or
criminal proceedings against any of his late colleagues.
Mr. Smyth wished to know if he should be merely paid his
pension and arrears, or if the Lords of the Treasury
would make him any pecuniary recompense for the loss of his
fortune, health, and character, to which he had been sub-
jected during the last twelve years by the machinations of
his colleagues in office. In answer Mr. Maule informed
him that it was not intended to pay him any thing beyond
the amount of his pension. In consequence of this Mr.
Smyth wrote to Mr. Maule on the 11th of September, ap-
prizing him that he would not execute any bond, and that
if the amount of his pension was not paid by the 19th inst.,
he should institute legal proceedings for its recovery forth-
with. Mr. Smyth further deposed that he had never since
received any portion of his pension, and that he is informed
and believes it had been regularly voted and paid to the
Treasury from 1826 up to the present period. The Learned
Counsel contended that the Court was not called upon to
give any decision upon whether the Lords of the Treasury
were justified in requiring a security from Mr. Smyth—the
only question for it to decide was wether Mr. Smyth had estro-
blished any legal right to the money. He submitted that such
was not the case. He would assume that the application for
the pension had been made to Parliament by the Lords of
the Treasury, and that Mr. Smyth's name appeared upon
the estimates laid before the House of Commons. But
that would not give the deponent any legal right. It was
the Appropriation Act, after it had received the Royal
assent, that gave a legal right, and there was no mention
of Mr. Smyth's name in that Act. There was merely a
lumping sum voted to the Treasury to enable his Majesty
to pay civil pensions. That gave no vested legal right to
any individual mentioned in the estimates to claim or recover
his pension, and the 3d Geo. IV., upon which Mr. Smyth
rated, was also silent upon this point. On the grounds
therefore that the Appropriation Act could not be coupled
with the different items in the estimates, and that there-
fore Mr. Smyth had failed in making out his legal right, he
submitted that he failed in limine, and therefore the Court
must discharge the rule for the mandamus.
Mr. WIGIITMAN followed on the same side.

Mr. LEWIS (with whom was Mr. WELSBY) was heard
in support of the rule. He thought Mr. Smyth's legal
right was clear, although he had no legal remedy, inasmuch
as it was admitted by the letters of Mr. Hill and Mr.
Dawson, that the money had been paid into the Treasury
on account of Mr. Smyth. It never would have come into
the hands of the Lords of the Treasury, if the name of Mr.
Smyth had not first appeared on the Estimates ; and the
House of Commons having from time to time voted it for
-his use, the Lords of the Treasury could not now withhold
it for the purpose of coercing him into a guarantee that he
would not prosecute what he would admit might be merely
an imaginary wrong or grievance. He contended that the
attempt thus to coerce Mr. Smyth from prosecuting either
civilly or criminally any injury he had sustained was illegal.
There were, it was true, no precedents for the present ap-
plication, and he hoped such a one would never again be
necessary ; but as the legal right without a legal remedy
was.clear, the Court would, he was satisfied, feel itself
bound to interfere, and make the rule absolute.
Mr. WELSBY having also been heard, the Court con-
sulted for a few minutes, and

Lord DENMAN said it appeared from the affidavits of Mr.
Smyth, that he had held the office of Paymaster of Exche-
quer Bills for some considerable time, and that the Lords
of the Treasury were empowered by the Act 3 Geo. IV.,
to grant him a retired allowance, and that in April, 1826,
they did, in point of fact, grant him that allowance—that
the grant had been afterwards sanctioned by Parliament,
and the proper officers pointed out by whom the payment
would be made to him. On that subject he did not look to
the votes of the House of Commons as showing what Mr.
Smyth was entitled to, but he looked to the letters of Mr.
Hill and Mr. Dawson, distinctly stating that the pension
had been applied for, and therefore the Lords of the
Treasury were bound to hand it over to • him. It
seemed to him that that statement made them the depo-
sitories of the money on account of Mr. Smyth, and he
could not see any ground upon which they were entitled to
withhold it from him. For some reasons which were not
explained, the deponent had not made application for some
years ; but when he did apply, he was informed by Mr.

Serjeant, the paymaster of civil contingencies, that be bad
no authority to pay him. What subsequently took place be-
tween Mr. S. and the Solicitors of the Treasury, was clearly
a proof that the Lords of the Treasury had the moneY,
and were possessed of entire control over it, but declined
to pay him without annexing certain conditions for which
they had good or bad reasons, but which in point of low
they had no right to annex. Under these circumstances he
saw nothing, to prevent the mandamus issuing, calling IWO
them to pay that money. He would not enter into the or'
gument that that Court should not deal with officers act'
ing under the authority of the Crown. The Court had no
more to do with them, than with any other persons acting
in the name and by the autrhority of the Crown ; and it,
they had received any money in their public character et
trustees', like any other public authorities refusing to pal;
the Court ought to call on them to do so. If any return ho
been made by the Lords of the Treasury, showing that the
payment could not be safely made, with reference to other
demands on the public service, that might have altered the
case, but as it at present stood, it was a refusal to' Pay
money voted to an individual, without any grounds for that
refusal, and therefore the Court was of opinion that the role
for the mandamus must be made absolute.—Rule absolute.

EXCHEQUER COURT.-(THIS DAV

NOEL V. BOYD.
A rule for a new trial in this case had been argued last
week, when the Judges took time to consider the case.
This morning, at the sitting of the Court,
. Mr. Baron PARKE said the rule had been moved for 011
the ground of the verdict , being against evidence, and the
Jury having been misled by the effect of the Judge's,olger'
vations on an admission -in the defendant's plea. rile
Court had considered the case, and they were equally
vided. Mr. Baron Bolland and hiinself were in favour 0
the case going before another Jury, but the Learned Judge
who tried the cause, Mr. Baron Gurney, and Mr.' BO°
Alderson, were of a contrary opinion, and therefore there
would be no rule.
Mr. Baron ALDERSON said he wAs of the same opio' „
now as when the case was argued. The action was UPI"
a bill of exchange, alledged to have been obtained from the
defendant by fraud. A party named Lewis was much
terested in the matter, and was the only witness called.
The Jury had had an opportunity of judging of his 01..
ner in giving his evidence, and as the question in the ease
was the bona fide of the parties, he felt bound by their
decision.
The Court then went to the Special Paper, no case
which was of public importance.

EXCHEQUER CHAMBER.
The LORD CHIEF BARON sat in this Court in Equiq'
Petitions of no importance occupied the whole morning.

CRIMINAL COURT.-(TIIIS DAY.)

•
The November Sessions commenced this morning before
the Recorder, the Lord Mayor, Messrs. Alderman
Harmer, Salomons, Mr. Serjeant Arabin, and' the lis°
authorities.
The names of the Gentlemen summoned to serve Wil
the Grand Jury were called over, when it appeared tkat
Mr. Hume, the Member for Middlesex, was included iII
the number. Mr. Hume said he had made arrangements
to go into the country, and should be glad to be excused.
The RECORDER replied that the Court would be cell
glad to have the benefit of his extensive experience.
Mr. HUME said he had no disposition to shrink from the
performance of any public duty.
He then entered the box, and was chosen foreman bYIIII
colleagues.
The RECORDER then charged the Grand Jury. He 0/3'
served that though the calendar was not numerically heavy'
there were some cases which would require considerable
attention
.on their part. After referring to some othercastee
of less importance, he congratulated the Grand Jury on t°.
improved mode of administering the criminal law in till,
place, the frequency of the gaol deliveries affording speediee
justice to the innocent, and more rapidly removing t
corrupt from the metropolis and the county. -
The calendar contains the names of 167 prisoners, °
whose offences the following is a summary :
Aiding and abetting to commit a felony 1 ; bigamy 2 ;
natural assault 1 ; burglary 7 ; uttering and possessing 1)3,5-
coin 3 ; conspiracy 1 ; cutting and wounding 1 ; embezzle'
ment 7 ; forgery 2 ; horse-stealing 2 ; larceny 75 ; larceny be
servants 10 ; larceny in a dwelling-house 7 ; larceny from tb
person 29 ; manslaughter 3 ; misdemeanour 1 ; obtaini
goods and money by false pretences 5 ; receiving stolen goo
o
6 ; sheep-stealing 2 ; warehouse' breaking 2--167.
Of these, three prisoners were committed from Esses'
eleven from Surrey, seventeen from Kent, forty-four fro
London, and ninety-two from Middlesex.
The Court was occupied all the morning in calling over
the names and swearing in the petty jurors.

SHIPPING.-(THIS DAY.)

(FROM LLOYD'S.)
DEAL, Nov. 21.—Wind W. S. W. Nov. 22.—Wind S. INC
fresh breezes.—Arrived the Sandwich, Seall, from St. Lucie
Britannia, Oliver, and 574, Elder, from Miramichi • Allies'
Forster, from Pugwash ; and Phcenix, --, from Tenerife;
Arrived from the river and remain with the outward. bonne"
the Undaunted, Hore, for Jamaica; Woodmuster, Hasler, f°`
Cadiz ; Violet, Childs, for Bilboa ; Sunderland Packet, Best'
for Faro ; and Samuel and Ann, Ruckers, for Teneriffe.
PORTSMOUTH, Nov. 21 AND 22.--Wind S.W., fresh gales
and squally.
'PLYMOUTH, Nov. 21. —Wind S. to S. S.W.—Arrived the
Louisa, Luguista, from Laguna;Star of Brunswick,
from Malaga ; and Acorn, Wood, Oporto. a
FALMOUTH, Nov. 20.—Wind W. S. W. to S.W., fresh aT't
squally.—Arrived the Lyra Packet, --, from the \lce:
Indies—sailed from St. Thomas's the 18th ult. ; and his 371 i
jesty's ship Nautilus, from Lisbon—sailed the Bth instant.
port the Ventrose, —, from Boston; and Economy, Agar'
from Miramichi.
Welts,
STANGATE CREEK, NOV. 21.—Arrived the Express,
from Tetuan; Lelia, Orfeur, from Odessa; United Brothers'
Fox, and Water Lily, Cuthbertson, from Denia.
MARGATE, Nov. 22.—Arrived the Henry Porcher,_ flitrt;
from Sidney ; Symmetry, Ritchie, from Miramichi;
Hall, from Quebec ; and Governor M'Leod, Freeling, jre
Cape Coast.
RAMSGATE, Nov. 22.—Prince Frederick, Stevens, Cadiz'.
PENZANCE, Nov. 22.—Arrived the Anne, Davis, from '"
ramichi.
gei
BRISTOL, Nov. 22.—Arrived the Cosmo, Lewis, from
York ; and Five Sisters, —, from Newfoundland.
MILFORD, Nov. 21.—Arrived the Fame, Hall, from Sie"-,,
Leone ; Minica, Harvey, from Quebec; and Nancy, Corkre"'
from Sigo, leaky, cargo damaged—bound to London.
COWES, Nov. 21.—Arrived the Amphitrite, Geralz, all
Findham, Wood, from Buenos Ayres ; George, Knowles,
from Virginia ; and United Kingdom, Finlay, from Quebec:„
POOLE, Nov. 21.—Arrived the Deborah, Slacks, and
•
tive, Lisby, from Newfoundland.
TORBAY, Nov. 21.—Arrived off port the Olive Branch'
Leader, from Lisbon.

The Thetis, Ellis, from Monte Video to Liverpool, Was lor
on the island of Corvo on the 29th of September—crew save

RAMSGATE-SATURDAY.

The weather having been more favourable lately, 'cc
have had the pleasure of seeing their Royal Higlinesse.°
the Duchess of Kent and Princess Victoria take tho:
accustomed exercise abroad. In the course of their drirr
this morning, the Royal party alighted and walked f°
some time, returning home in their carriage.
Such parts of the cargo of the Ocean (wich was wrecked
here some weeks since) as was saved and not damaged, con'
sisting of linens, wax, arms, &., are now being shipped in
large brig, which has been sent for the purpose of convey
them bac to Hamburg, from whence the Ocean was bo„le
for New Orleans, when she was unfortunately lost. i•
remainder of her cargo of wines, furniture, &c., was sold her
by public auction a short time since.
The remains of Mrs. Forsyth, who lately died at BroB.
stairs, are to be conveyed to London on Monday nett. 10"
the Ramsgate steam-packet, Captain Shambler, which
been engaged for the purpose. 03'
The Water-works are proceeding rapidly towards e)
pletion, the pipes having already been laid down in solo
parts of the streets. A steam-engine has been erecteuup
the works, which is almost daily in operation, draviivg„be
the water as the well is deepening.; the projectors 'as
undertaking are very sanguine of success in praevoing
abundant supply of most excellent water.

NORTH NORTHAMPTONSHIRE ELVCTION***--:
Hitherto, we are happy to inform our readers from uncitie;";
tionable authority, Mr. Hanbury's canvass has been his,
encouraging. He is now canvassing the Peterborough dis;
trict, where there is every reason to believe he will be r
cordially received, and when he shall have finished his `,.'ess.-
to that neighbourhood, he will, early in next week, pay h's
pects to the electors of the Clipstone district, and the se:
ral villages yet uncanvassed. As might have heel' "(1
petted, there have been a few instances of desertion a%
apostacy from the Liberal standard ; but these losses hay,
been more than counterbalanced by accessions of strength
from families of rank and influence. Lord Strathaven 133,g
come over from the enemy's ranks, and will trove a valuable
canvasser for Mr. Hanbury.—Northampton Chronicle.
The Dublin Mail of Friday night announces that
the meeting of the Grand Orange Lodge commenced on
Wednesday, was continued throughout the whole of yes':
terday, and is proceeding with business.
SIDE A RMS.—STABBING.—Another case has 11151
occurred in this town, indicative of the extreme impropriell
of allowing soldiers when off duty to wear ;heir side-arms'
On Saturday night, in the neighbourbooi of the Nvoth
Bridge, a respectable individual, who got itto some alt ercr'
tion with two soldiers, was stabbed by (me of them F., evereli
in two or three places with his bayonet.--Mull Packet.