The Sun.
London, England, 1832-12-06 00:00:00

DUTIES ON FOREIGN CORN

Sd.l Oats --.. :9s. 9d.1 Beans— 18s. 3d
Batley 16s. hkl.l Rye --.... 19s. 9.1.1 Pease.—..... It.!s. 6d.

KING'S BENCH.-(THIS DAY.)

THE KING v. PETTIT.

This was an indictment against the defendant for a nuisance.
The alleged nuisance was erecting a wooden house upon wheels,
similar to some of the caravans used in exhibiting wild beasts,
converting it into a shop, and placing it near the highway. It
was what might be called a " moveable house."
Mr. THESSIGER stated the case for the prosecution. The
indictment was preferred at the instance of the inhabitants of
St. Pancras parish. By a statute of George 11. it was enacted that
between Edgeware-road and Islington no building should be
erected within a certain distance of the road side; but the de.
fendant had constructed a sort of building of wood, and
placed it upon wheels, in the front garden of a Mr. Sputt, at
the corner of Tottenham-court-road, only a few feet from the
road side, and considerably in front of the range of buildings.
This building had been opened as a shop first for the sale
of fruit and oysters, and subsequently of tobacco, and
the defendant had set the parish at defiance, alleging
that they had no authority over him, as it was a moveable
building, and in the nature of a carriage, and that, therefore,
it was not within the provisions of the Act.
After several witnesses had been called,
Mr. THESSIGER said that no Counsel appeared for the
defendant, which he was much surprised at, as there were se.
veral such buildings in the parish, some of them of a more an.
cient standing than the present, and he had thought that this
case would have decided the question whether they fell within
the Act of Parliament or not.
The LORD CHIEF JUSTICE, in addressing the Jury, said
that as no one appeared to defend the indictment they were
bound to find the defendant guilty ; he observed, however,
that the question would be really one of some importance if it
had been fairly brought before the Court.
The Jury found the defendant Guilty.

VICE-CHANCERY.-(THIS DAY.)

GIBSON v. HEATH.

Mr. Knight applied in this case on Tuesday, for an in.,
junction to restrain Messrs. Hough and Greenfield, merchants

of the city, from delivering up certain bills of exchange to the
defendants, the Heaths, which had been drawn in America.
Mr. Twiss on that occasion stated, that an affidavit had beets
filed, which he had not had an opportunity of reading, and

requested that the matter might stand over to give him time
to read it. This Mr. Knight had no objection to, provided the

bills were brought into Court and placed in the hands of the
Registrar. A Mr. Eager, the clerk of Mr. Biggs, the solicitor.
of Bedford.row, stated that the bills were locked up in the
strong box of Mr. Biggs, who was at Reading ; that he would
write to him, and get him to produce them on Thursday
(this day).
Mr. KNIGHT, at the sitting of the Court this morning,
again mentioned the case. Mr. Eager stated that he had
written to Mr. Biggs, but had not, as yet, received any answer.
The Court then ordered the case to stand to 11 o'clock, at.
which hour it had been stated the Reading coach would arrive
in town. Mr. Biggs not having then arrived, nor the bills
produced,
Mr. KNIGHT said he must press on the motion.
Mr. RUSSELL said his clients were willing to undertake
not to part with the bills until the motion had been heard.
Mr. KNIGHT observed, that unless the bills were deposited
with the Registrar he should be compelled to bring on the
motion. Mr Biggs had been personally communicated with,
and the case had begun to wear, as fir all it respected some
parties, a most serious aspect.
Mr. RUSSELL considered it a great breach of good faith

to press on the motion. He could not understand what his
Learned Friend wanted to obtain by pressing for the de-
posit of the bills with the Registrar. He was sure his Learned
Friend (Mr. Twiss) had never, on behalf of his client, un.
dertaken to deposit the bills with the Registrar.
Mr. KNIGHT was confident he had, in which assertion
the Learned Gentleman was borne out by reference to the
Registrar's book.
Mr. RUSSELL observed that no' less than ten affidavits
had been filed yesterday, of which his clients had not been able
to obtain copies.
Mr. KNIGHT—If the bills are not here I must go on with
the motion. Mr. Biggs has been personally served with the
order of the Court, and is acting most contumaciously in being
absent. Mr. Eager, in the Court of Bankruptcy, will have to
abide the consequences of the improper conduct of Mr. Biggs•
Mr. RUSSELL—We will undertake not to part will: the
bills.

Mr. KNIGHT—Whose undertaking will you give us ? We
know the value of Mr. Eager's already. I don't consider
your undertaking worth a bad farthing, and unless the bills
arc produced, I must and will make the motion.

Mr. RUSSELL (with great warmth)—Then you may take
the order upon the affidavit of service. It certainly is a great
breach of faith now to press on the motion.
Mr. KNIGHT—I think it's a great breach of good faith
on your part. The Court has been exceedingly ill-treated, and
the course that has been pursued appears to me to border a
little upon a conspiracy,
Mr. RUSSELL—Ten affidavits were filed last night.
The VICE-CHANCELLOR—That cannot b?, because in
the letter which Mr. Eager wrote to Mr. Biggs, he locutions
the filing of 10 affidavits.
Mr. RUSSELL—I cannot do more than give Mr. Bigg'., un-
dertaking not to part with the bills.

Mr. KNIGHT—Then I must press on the motion.
Mr. RUSSELL—WeII, then, you must take the order on t he
affidavit of service.

Mr. KNIGHT—So I shall, if you don't choose to oppwie the
motion.

The VICE-CHANCELLOR—Take your order, Mr. Knight.
Mr. KNIGHT—It now becomes my duty, Sir, to move ex-
parte to be allowed to serve a notice of motion personally upon
Mr. Biggs and his clerk, Mr. Eager, respecting these bills ; and
I do so upon the affidavit of a Mr. Waller, one of the clerks
of the plaintiff's solicitor, who states that on his serving
the order upon Mr. Biggs, at Reading, that person
had stated that he knew nothing of the bills ; that he
had not locked them up In his strong box ; that he presumed
his clerks were doing what they considered right ; that he had
never had the custody of the bills, except for a few minutes,
on Friday last ; that the statement of his clerk (Mr. Eager)
was false ; that he was determined not to be made responsible;
and that he would not leave his house to attend the older of
the Court, as he could not throw any light upon the matter.
The VICE-CHANCELLOR inquired what the notice of
motion would be for ?

Mr. KNIGHT could not at that moment say ; but it would,
probably be, for the committal of both parties.
The VICE-CHANCELLOR—Give notice, and I will take
it on Monday morning.
His HONOUR rose shortly after l 2 o'clock, there being
nothing to proceed with, in consequence of the absence of
Counsel from town, and adjourned the Court to Monday.

COURT OF CHANCERY.-(THIS DAY.)

SITTINGS.

There was great difficulty in getting any thing to go on with

this morning. His Lordship had to leave the Court once or
twice, to afford suitors an opportunity of procuring the pre-
sence of their Counsel. The greater proportion of the learned

leaders at the Bar were out of town. It was stated as not likely
that Sir Edward Sugden would be back before this day week,
and that Mr. Pepys (who has gone to Yorkshire) would not return
till Friday week. The Lord Chancellor was sure the Bar must
be sensible that he bad every desire to accommodate gentlemen
who were necessarily absent on public business in e very pos-
sible way in his power, but still he was exceedingly anxious
that the juniors should endeavour to go on with some of the
appeals. The juniors were usually well informed in the facts
oftheir cases, and he could not see why they, on each side,
should not be prepared to go on. The Lord Chief Justice of
the Court of King's Bench, had been applied to specially on
account of the elections, and had refused to make any alte-
ration in his paper, even with respect to special Jury cases, ob-
serving, that if certain gentlemen were obliged to be absent,
others, quite competent to go on with the business, would still
be in attendance. So it might be said here—why, because a
few of the gentlemen of the Bar were absent, should the Court
here be shut up ? This of course could only apply to cases
where briefs had not been delivered, because it would
be too hard on suitors, whose briefs had been dc_

livered, that they should be put to the expense of
delivering other briefs, and also lose their counsel in conse.
quence of the absence of gentlemen over whom they had no
control. It was necessary, at all events, that the solicitors in
the cases in the paper should be in attendance either themselves
or by their clerks, to be privy to any arrangement to be made
respecting their cases ; and, whenever it was possible, the ju.
nior barristers must be prepared to proceed.
COLEMAN u. SMITHERS.

This appeal was ordered to stand over till the first appeal
day after the next Term, in consequence of the absence of
Counsel, and also because one of the country solicitors (Mr.
Lloyd), who took a great interest in the case, and who had
been here from day to day for some time past, in expectation
of its being heard, had to leave town last night, in consequence
of having heard of the unfortunate death of his wife.
ATTORNEY-GENERAL v. SMITHIES.

This was an information in which the juniors, Mr. Ander
don on the one side, and Mr. Spence and another
gentleman
on the other, were called upon to go on.

GEORGE
pleasedriis MA
nominateJZST aYnd has
appoint been
Rear-Admiral to
CouRTENAy BOYLE a Knight Commander of
,seßrvylees.
the Royal
:Aodsrntir graciously heio Hon.USiy
PRIDE, ESQ., OF THE TEIrry.LE, BARRISTER-AT-LAW;
d
9 6d.—•' This ample dissecn.on of, and commentary on,
G u elc POL sEI eTr,EfoEr
Lh iEs
CloTolgoasn
dGfai
ijtlhDfuEl
the Reform Act, with Analytical and other Indices, so
Hof Elections, as to render it what its title infers,—an ads
elucidates every difficulty relative to the Law and Practice
mirable Guide both to Candidates and Electors."—Litt•
rary Gazette.
We are sorry to see announced the death of
Mr. HYDE VILLIERtz. He is a great loss, not only to
nis friends, but to the public service. His intelligent en-
versation and unaffected manners endeared him to the first,
and his knowledge of business, habits of industry, and
quick apprehension, made him a most valuable pub'ic per.
vant. He had conducted the inquiry respecting the East
India charter with infinite labour and skill, and it is rcf!
Bible that overwork may bare hastened his end.