The Sun.
London, England, 1850-06-12 00:00:00

EXCHEQUER.-(THIS DAY.)

(Before the LORD CHIEF BARON and Barons RoLFE
and PLATT.)
GORHAM V. THE BISHOP OF EXETER.

The ATTORNEY-GENERAL, in addressing their Lord-
ships immediately on their entering the court this morn-
ing, said—l hate been instructed by. Mr. Gorham to take
the opinion of the Cuurt upon an objection which may
probably be raised to its jurisdiction is this case, and tor
that purpose I wish to draw 3 our attention to the Act ot
Parliament under which your Lordships profess to act.
I understood your Lordships to have said yesterday that
the rule was to be returnable to-day, and was to be
argued on the 29th of this month at the sittings atter
term. Now, I apprehend that is neither consistent
with the practice ot the court, nor in accordance with the
Act of Parliament. Your Lordships can only take that
course under the statute i.f Victoria, which provided that
it should be lawful fur the Courts to hold sittings in
banco after term for the purpose of disposing ot the
business then pending.
Mr. Baron PLATT—What is the nature of your ap-
plication?
The ATTAINEY-GENERAL—I only want the Court to
know whatthey are about.
Mr. Baron PLATT—This is a very irregular proceed-
ing, Mr. Attorney-General. I think you ought to ap-
pear in some character or another.
The ATTORNEY-GENERAL-4 appear as counsel for
Mr. Gorham.

Mr. Baron PLATT--The rule is due to-day.
The ATTOItNET-GENERAL--That is exactly what I
am going to say, and is is my duty to point out to your
Lordships in what way I think the parties may after-
wards object to your jurisdiction. I wish to obviate
that difficulty. _ . _

The CBIEF BARON—The view which the Court takes
of the matter is this:—By the statute we are entitled
to name certain days in London and Westminster for 1,
hearing and disposing of business then pending. Now,
in this ease, a rule was granted yesterday; it is return-
able to-day, and, of course, is considered to be pending.
The ATTORNEY-GENERAL—Pardon me, my Lord;
but I have to suggest a difficulty as to hat I think
is the irregularity of the proceeding.
Mr. Baron PLATT—You can suggest the difficulty
when you come to show cause against the rule.
The ATTORNEY-GENERAL—No doubt, my Lord ;
hut we do .not want the case thrown over
the loag vacation, as that may be the object of
the other side. If the rule is returnable to-day at the
rising of 'the Court it cannot be " pending," unless it is
,nlarged, and I submit the only course you can take to
make the proceedings regular. Is to enlarge the rule until
next t,:rni, in which case you ' might, hear comae' as
proposed, on the 29th of June.
The CHIEF BARON—It appears to me that the only
difficulty arts: a• on the words " then pending." lam of
opinion, that the rule returnable to-day comes under
the category of cases included in those words.
The ATToRNEY-GENERALI want to preclude the
possibility oh any obj, ction to your jurisdiction.
The CHIEF BARON—We have announced to the
litigant parties what course we intend to take, and it
they are dissatisfied with this tribunal, they can have
the rule discharged, and proceed in any other way they
May think proper.
The ATTORNEY-GENERAL—It is the irregularity of
the mode of prom-ding. that proiokes me to come La re,
because the point I have alluded to may ultimately be,
raised upon the rtcord; and if I cannot be allowed
to call your Lordships' attention to it in any other way,
I may do so as an amicus curie.
Mr. Baron PLATT—Yon do not appear here as amicus
curia, but as the amicus of Mr. Gorham.—(A laugh.)
The CHIEF BARON—I do not see the slightest diffi-
culfy in the cast .We are • entitled to hold sittings in
vacation, and to deal with .and decide oa any matter
pending and undisposed of.
The discussion, after some further observations, then
dropped. ,

IN THE MATTER OF THE ASSESSMENT TO THE LAND-
TAX IN THE HOLBORN DIVISIuN IN THE COUNTY OF

MIDDLESEX.

The ATTORNEY-GENERAL said he had to apply to the
Court, by virtue of the prerogative of his office as At-
torney-General, to be allowed to bring on this case.
Mr. PARRY—As a junior member of the bar, may I
IPA on what ground the Attorney-General claims a
right of priority, this being the last day of term ?
The CHIEF BARON—Whenever we sit here we are
bound to give our attention to the Attorney-General in
all cases in which the Crown is interested, and it mat-
ters not whether we may be called on to do so on the
fiat or the last day of term.
The ATTORNEY-GHNERAL then showed cause against
the rule which had been obtained in the case by Mr.
Peacock, calling on the Land-tax Commissioners to show
cause why they had not made an equal assessment of the
hind-tax throughout the division.
After hearing counsel on both sides,
The COURT discharged the rule with costs.

SECONDARIES'.—(THIS DAY.)
(liviore .r. POTTER. Esq.)
THE SHERIFFS OF MIDDLESEX V. SATES.
This was au action by the Sheriffs of Middlesex
against the defendant f breach of covenant. The da-
mages were laid at 3201. Defendant allowed judgment
to go by default.
The facts of the case were these:—Defendant had
become one of the sureties fur a bailiff named Whit 9,
and the present claim was tor moneys received by him
in that capacity, and damages and costs by plaintiffs in
actions brought again6t them in consequence.
Mr. Mountain and Mr. Nightingale, from the Sheriffs'-
office, and other witnesses, proved the facts, and a vtr-
diet %as given fir the amount.
Two actions were tried a short time since ageing two
other of the suretie,.

CRIMINAL COURT.-(THIS DAY.

OLD L'OUfl.

(Before the COMMON Z,ERGIKANT and Mr. Aldermen
FiNNIS.)
Ociavius Ryland. aged 50, described as a ch.rk,
plvaded guilty to an indictment charging him with
feloniously tending to the Rev. William 13. Coflyer,
a letter threatening to accuse him of an infameu.s crime,
with intent to eat )rt money from him. • :
The C-113ION Z.'ERGEANT Old him that he had cow-
mit4ed one . f be bigh.st i &noes known to the law, wad
it was the duty of the Court to visit such offeude a ith
the severest punittnent The sentence of the *ours,
therefore, wa, tat be Ire, transported beyond th seas
fur the term of his manta' life.
(a-fore Mr. Justice PATTESOI.)
ROBBERY AT A POST OFFlCE.—?'homes Simpsox,
aged 27, described a., a grocer wai indicted for steeling
a post letter containing one hslf•sovereign and one
shilling, the property of the Postiiiaster-General.
'lle prisoner pleaded not guilty.
' Mr. BOdkin, with whom was Mr. ClarksoN con-
ducted the prosecution, and Mr. Metcali.e, defended the
-prisoner. • •
The:prisoner had been .4 porter in the service of Mr.
Braden, a grocer, carrying on business in Highltreet•
Islington. His master's shop was one of the Posteoffice
receiving-houses for the Islington district, and for! some
time past several letters containing money- had been
posted there, which never reached their destination.
The Post-office. authorities,therefore, laid a trap to
-catch the. thief They caused a letter containing a
marked. half-sovereign and a marked shilling, and ad-
• dressed to " Miss Eliza Barber Huddlestock, Wrexham,
North ales," to be posted at Mr. BradOn's shop.
This ' NVletter, in due course, ought to have been forwarded
to the:general of St. Martin's-le-Grand, to be dis-
patched into the country, but when the bag was re-
ceived from High-street, Islington, and opened, this let,-
ter -was missing. 'An officer was immediately, sent off to
a4certain who had made up the- bag, and it being ascot'
tamed that the prisoner, with another, had assisted at
the-task, both the patties were seirehed. Nothing was
found on the one, but the marked shilling which had
been placed in the letter was discovered. in the possession
of the prisoner, and he was therefore given into custody,
The letter and half-sovereign were still missing.
Mr. METCALFE addressed the jury for the prisoner,
and the Learned Itidge, having summed up, the jury,
after a short consultation, returned a verdict of Guilty.
The Court then aentenced the prisoner to eighteen
Mouths' imprisonment. .