The Sun.
London, England, 1835-04-28 00:00:00

EXCHEQUER COURT-(THIS DAY

CINCH AND OTHERS, V. COCKEN AND OTHERS.
This was an action upon a bail bond which was tried before
Lord Lyndhurst at the sittings after Michaelmas Term last,
when the Learned Judge nonsuited the plaintiffs.
Mr. BARSTOW last term obtained a rule to show cause why
the nonsuit should not be set aside, and a verdict entered for
the plaintiffs.
The Judge's notes were this morning read over by Mr.
Baron ALDERSON, from which it appeared that the defendant
was watched into his own house by the Sheriff's officer ; on his
again coming out the assistant went up and delivered him a
letter addressed to Mr. Cocken, he opened it and was instantly
arrested, he took the officer to his Solicitor's office, and there
it was found that the writ had been sued out in the name of
Cocker. The officer refused to let him go, and a bail bond
was given upon which the action was brought. Mr. Platt at
the trial cited a case in 2d Campbell, in which Lord Ellen-
borough decided that such an objection was fatal.
Mr. DOWLING appeared to show cause against the rule ;
but the Court, after looking at the case, said he need not
trouble himself, for it was evident the judgment must be re-
spited if the nonsuit was set aside.
Mr. BARSTOW trusted he would be heard on that point. He
contended that under the new rules, the defendant was pre-
cluded from taking advantage of such a mistake, as the plain-
tiff had used due diligence in order to find out the right name
which was all that was required of him.
Mr. Baron ALDERSON said the rules went no further than
the correction of a Christian name—not a surname.
Mr. BARSTOW hoped such a limited construction would not
be put on the new rules. If that practice was to obtain, there
would be no necessity for moving to set aside bail-bonds for
irregularity. In this case the defendant had signed the bond
as Cocken, arrested in the name of Cocker, which he
submitted precluded him from now asking relief.
The COURT said, as the case was very important, and a new
point had arisen, they would like to have it spoken to again.

CONSISTORY COURT-(THIS DAY.)

INCEST-JUDGMENT.

N OFFICE OF JUDGE PROMOTED AGAINST CHICK AND CHICK,

OTHERWISE CHICK AND RAMSDEN.

Dr. LUSHINGTON, agreeably to notice, pronounced -sentence
in this suit, in which the office of judge was promoted by a
relative against the parties, the offence being that of incest,
Mr. Chick having married the sister of his former wife. The
evidence, the Learned Judge observed, was exceedingly
clear, and it was not, therefore, necessary he should recapitu-
late it. Every important fact had been amply proven, and the
only reason the Court had for deferring judgment till to-day
was on account of a doubt how far he could proceed the length
of pronouncing a nullity of marriage, when the original cita-
tion had not sought so extreme a sentence. He had, therefore,
examined into the records of the Court, and found two prece-
dents in the Court of Arches, in the years 1789 and 1816.
These precedents, sanctioned by the superior Court of Arches,
he felt bound to follow ; and he should therefore decree the
sentence as written down—that the marriage is null and voids on
the ground of incest, and that the parties do perform penance,
and pay the costs of this suit.
The parties live in the country. Penance will be performed
by them next Sunday week.

INSOLVENT COURT-(THIS DAY).

Thomas Firth, an unopposed insolvent, lately a coal-mer-
chant in Yorkshire, applied to be discharged.
Mr. Commissioner HARRIS to the Insolvent—So you owe
1,600/. and have not one creditor residing in London. Why did
you not render where your creditors live ?
The insolvent said his attorney advised the course.
Mr. Commissioner HARRIS—This conduct is not to be tole-
rated—l shall adjourn the case to give the creditors an oppor-
tunity of removing you to Yorkshire.
It turned out that the insolvent had some books which he
had not filed.

Mr. Commissioner HARRIS subsequently remarked that he
wished the Court had the positive power of sending insolvents
from whence they came. He ordered the case to be adjourned,
with fourteen days' notice to the creditors, in order to enable
them to oppose.

SHIPPING.=(THIS DAY.)

FROM LLOYD'S.

DEAL, APRIL 27.—Wind E. N. E.—Arrived the Tally-ho,
Mitchell, from St. Michael's ; and Irwell, Greig, from Gal-
way. Arrived from the river, and sailed, the Julia, Preager,
for Calais ; George Barclay, —, for Bermuda ; London-
derry, Lewis, for Dublin ; Dwina, Volem, for Grand Canary ;
and True Briton, Ford, for Madras.
PORTSMOUTH, APRIL 27.—Wind S. E. to W.
FALMOUTH, APRIL 27—. Wind N., strong breezes.
POST-OFFICE NOTICE.—His Majesty's brig Scorpion, for the
Lisbon mail of this day, the 28th. Letters in time to-morrow
evening, the 29th.
COWES, APRIL 27.—Arrived the Creole, Jurgenson, from
Rio Janeiro.
BRISTOL, APRIL 27.—Arrived the William Rodger, Craw-
ford, from Canton; and Black-eyed Susan, —, from Odessa.
MILFORD, APRIL 26.—Arrived off port, the Paddy, Way,
from Trieste.
LIVERPOOL, APRIL 26.—Arrived the Reform, Guild, from
Monte Video ; and Mulgrave Castle, —, from New York.
The Green Isle (steamer), from Drogheda, was in contact last
night with the Manchester (steamer), for Glasgow, received
damage, and was run on shore near the Red Noses, in a sink-
ing state ; the latter returned, was surveyed, and proceeded
attain this morning. The flat Thomas, Pye, from Pernam to
this port, sunk yesterday near the Voel Nant--crew saved.
An outward-bound brig is aground near Spencer's Gut Buoy.
CLYDE, APRIL 26.—Arrived the Laurel, Paul, from Deme-
rara; and Catharine, Hayman, from Jamaica.
BELFAST, APRIL 25.—Arrived the Morgiana, Hetherington,
from Trinidad ; and Herald, Robinson, from London.