The Sun.
London, England, 1844-07-05 00:00:00

rities, it appeared that this right to challenge the
array existed in all cases in which the sheriff was, or
in the contemplation of the law might be, a partial person,
or where, in contemplation of law, he stood in such a relation
to one of the parties as that he lost his impartiality. So
suspicious was the common law upon the subject, that it was
thought right to set aside the sheriffs, and direct a venire to
the coroner, when he stood in any relation, even that of god-
father to a child, of any of the opposing parties. He had
found cases in the old books replete on the subject of chal-
lenging the array, though in modern times those cases were not
so numerous. There was a case in the 17th of Edward 111.,
in which the Sheriff who empannelled the jury was related
to some of the parties, and upon the array
being challenged, the panel was quashed : in an-
other case, where the under-Sheriff empannelled the
the jury, and where he was found to have some connexion
with the parties, the appointment of the jury was quashed
upon the array being challenged. Would it not then, he
would ask, be a most monstrous thing, to put a con-
struction upon the Act that would put an end
to that important remedy of challenging the
array ? Could there be anything more important than
such a right. It had been a subject of eulogium by Sir W.
Blackstone, and even so far back as the time of Cicero the
appointment of jurors was matter of consent between the par-
tips ; and Blackstone says that the system in this country was
very 11 much upon a par to that which m i existed n ancient Rome.
He would put this upon the same footing as the writ of
certiorari by which the inferior Courts were prevented from
running into licentiousness and from departing from law and
justice. Then came the question whether the right of chal-
lenge was taken away by Acts of Parliament that were
supposed to take it away. lie considered that the subject
was not to be deprived of this great remedy except by
express words. He urged the right could not be
taken away, or its efficacy injured, except by
express words in an Act of Parliament. It appeared
to him that the circumstance of the Act taking away
this right in express terms was no unimportant part of
his argument. It showed that the Legislature had in view
this right of challenging the array, and that unless a change
of society should render the right valueless, the Legislature
was unwilling to abridge the force and efficacy of this great
remedy. The proposition which he meant to submit, as con-
sequent upon the observations which he had made, was that
wherever officers were appointed for the purpose of executing
any portion of those duties 'which anciently fell upon the
Sheriff, and where, in consequence of such interposition, the
array had some vice in it which, in ancient times, would have
been met by the remedy in questibn, there that remedy
still existed, for the same purpose as it existed in
ancient times, The principle of the remedy was that
there should be power to destroy every panel which had a
vice in it. Applying that principle he thought their Lord-
ships would have no difficulty in saying, that the right of
challenge was still preserved in all its integrity, and it was
peculiarly applicable to the case then before the House. This
was denied in the courts below. It would be said
that there was no power of interfering with reference
to the: various offences. The question had been treated
as though their object was to ascertain whether the offences
were deserving of punishment or not. If that question arose
at all, it was only as a secondary or collateral one. The main
question was this, was that document which was the result
of all these collections of names and enquiries with qualifica-
tions, a sound or an unsound document, was it a do-
cument which gave aid to the sheriffs. It was said
that a judicial power was given here to the justices, repre-
sented by the Recorder, which must not be interfered with
by the challenge of the array. In the present case there was
no complaint of any adjudication made by the Recorder,
either of an omission or the retaining of names which ought
to have been excluded. The complaint began after that ad-
judication was made—after the exercise of judicial power, if
it were properly so called, which he very much doubted, was
at an end. The office was then merely a ministerial one for
the purpose of " causing"—to use the words of the Act—
" the adjudications to be collected into a general list to be
taken to the clerk of the peace." There was no semblance
of a judicial power, it was simply the work of an intelligent
clerk. Up to the point of the adjudication no complaint ex-
isted, but after: that adjudication some power intruded itself
upon the scene, took this list, and dealt with it in a frau-
dulent manner. One of the Learned Judges was of opinion
that the challenge was good. He asked this pertinent ques-
tion, " What was the difficulty when the eror was discovered
of rectifying it? How was the paper lost ?" This was a
question which he thought it would be very difficult to
answer on the part of the Crown. If the list for the former
year had been sent by the Recorder, there could not have
aeen any hesitation in sending it back, on the ground that it
was a mistake. It had been said that a difficulty arose here
from the circumstance that the jury were a special jury, and
one of the Judges had expressed doubts whether any chal-
lenge to the array existed in the case of a special jury.
He quoted the case of the King v. Edmunds, in'Barnewall
and Alderson's Reports.l an this case a:challenge was made
to the array on the ground of non-indifferency on the part
of the Master. of the Crown-office. Lord Tenterden de-
livered an elaborate judgment in that case, in which
he stated that the challenge could not be allowed.
The Master of the Crown- office being the person who has to
strike the jury in the charactor of an elisor, the Learned
Judges in Ireland seemed to have supposed that the Recorder
stood in the same position of elisor, and therefore his lists
could not be challenged; that the challenge to his i
list must be n a different character, and in a
different mode. But how could that apply to a case
in which the objection to the challenge was, that the Re-
corder was a person over whom the Court had no power.
His proposition would be that whoever was entrusted by the
law with the selecting of a jury must necessarily, as far as
those proceedings were concerned, come under the power of
the Court. The question the Court had to consider was
not how that list came into existence, but whether it was in
i tself a sound document, and whether it gave assistance to the
Sheriff, or whether it was calculated to mislead him. Their
Lordships' predecessors had thought the power of challenging
the array so great, that no statute law could take it away.
He was proceeding to cite the case of the King v. Burridge,
in Lord Raymond's Reports, when
The LORD CUANCELLOR said—You are now beginning a
fresh point. Are you likely to finish your arguments in a few
minutes ?

Mr. my Lord.
The LORD CitioicELLon—Then we will adjourn till ten
o'clock to-morrow.

PROMISSORY NOTES.

(From This Night's Gazette.)
An account of the Average Aggregate Amount of Promis-
sory Notes payable to bearer on demand, which have been
in circulation in the United Kingdom, distinguishing those
circulated by the Bank of England, by Private Banks, and
by Joint-Stock Banks, in England and Wales, by the Banks
in Scotland, by the Bank of Ireland, and by all other Banks
in Ireland, and of the Average Amount of Bullion in the
Bank of England, during the four weeks ending the 22d day
of June, 1844, pursuant to the Act of 4th and sth Vic
toria, cap. 50 :

r.ng
Private Banks ................................. 4,743,057
Joint-Stock Banks... .....» ......... 3,665,104
SCOTLAND.

ENGLAND.

Bank of En

;land

Chartered, Private, and Joint-Stock Banks 3,117,988
IRELAND.

Banks 2,080,277
PBrainvka
toef
andlran
e Joint-Stock

L. WICKHAM.
Total .. . ... . ... . ... . .
Bullion in the Bank orEngla;;!, ...... . ..... R 37,728,726
Stamps and Taxes, JuillyEsN,llBtr ....
£15,898,"
1844,

COURSE OF EXCH.,
Amsterdam CF. 12 54
Ditto, at sight l2 44
Rotterdam 2U. 12 6
Antwerp 25 90
Hamburgh M.B. 13 13
Altona l3 134
Paris, 3 days' sight 25 60
Ditto, 3 months 25 80
Marseilles 25 85
Bourdeaux 25 85
Frankfort on Mains 1214
Petersburgh, 3Us 37
Berlin 7
Vienna, effec. ti. 3 M 9S2
Trieste, ditto
Madrid B7
Cadiz
Bilbao 36
Barcelona 36

.NGE.—(THIS DAY.)
Gibraltar —
Leghorn 3O 45
Genoa 25 99
Milan —
Venice .......
Naples 39
Palermo, per oz llB
Lisbon 64
Oporto 531
Rio Janeiro 23
Bahia 23
Buenos Ayres —
NewYork,2ldys sight
Philadelphia • -.-
PRICES OF BULLION, ?ER OR.
Foreign Gold, bars. .£3 17 9
Portugal Gold Coin 3 17 5
New Doubloons..„, 0 0 0
New Dollars 0 0 KO
Bilyor la Ears 0 4 111

irate

MARKET INTELLIGENCE.
(From the London New Price Current of July 5.)
SUGAR.-To-day importess of West India Sugar submit-
ting to further reduced rates, making the decline for the week
Is per cwt, caused buyers to purchase more freely, and
600 hhds were disposed of, including a public sale of 102 hill.
11 trs of Barbadoes, went off with heaviness, and at prices
6d to is under the sale held on Tuesday; fine yellow fetched
65s 6d, good 60s 6d to 635, and mid 58s 6d to 60s per cwt.
The total purchases for tke week are only 1,500 hhds and trs.
REFINED-To-day further reduced rates being accepted
for Refined goods induced the home trade to purchase largely
at 72s 6d to 73s for brown, and 745 to 74s 6d per cwt for
standard Lumps. Of Crushed Sugar there is very little offer-
ing at present ; large sales are still making for forward deli-
very. Loaves are wanted, and in some cases stiffer rates paid.
MAURITIUS.-This afternoon there was a large public sale
of 8058 bags 86 casks Mauritius Sugar; merchants were
anxious to sell, and accepted prices is per cwt under those
of the last auctions; nearly the whole, however, was disposed
onflidudploinngth4em f6odllotwoi
48sng t6edr,msg,:oidz.-tolofiwnebsorows nth 51s
t44s 56
yellow 52s to 555, middling 55s 6d to 57s 6d, good 58s to 61s,
d, t o 4
lows
good to fine grey 55s 6d to 60s, and inferior 53s to 55s per cwt.
EAST INDIA.-This afternoon Manilla and Java Sugar were
offered, the former at rather lower rates, fine grey at 19s,
good 18s to 18s 6d, middling 16s to 16s 6(1, good yellow
18s 6d, low dark brown 13s 6d to 14s 6d, washed 13s to
17s 6d, the latter went 6d to is per cwt cheaper‘ good grey
sold at 18s to 19s, damp 17s to 18s 6d, sound white of mid
quality 21s 6d to 235, damp and washed 20s 6d to 21s 6d
per cwt.
FOREIGN.-This afternoon 311 boxes of Cuba and 590
boxes of Havannah Sugar were submitted to public compe-
tition ; Cuba of white quelity was taken in at 30s to 30s 6d
for good, and 27s 6d to 29s 6(1 for middling, yellow sold
at easier rates, fine at 20s 6d, good 195 to 19s 6d,
and middling 18s to 18s 6d, yellow Havannah went rather
below the late rates, but the whole found buyers, good at 19s
to 20s, middling 18s to 18s 6d, low 17s to 17s 6d, damaged
17s to 19s, and slightly damaged 183 to 20s 6d per cwt.
MoLAssEs.-West India, at full prices for the better, but
at lower rates for inferior sorts ; Montserrat at 20s 6d, St.
Kitt's 22s to 235, and Antigua 25s to 275; Demerara taken
in at 255, and Montserrat at 22s per cwt. Prices are 5s to 6s
per cwt lower than they were last year at this period. Ben-
gal, in small parcels, 16s to 17s per cwt for good quality.
SAco.-Common at 12s Od to 13s 6d• Sago Flour at 198
Honey lower.
13s 6d pe
for small mid This white Pearl, and Its 6d to 1 d2s for brown
to 20s r cwt. afternoon Sao partly sol at 12s dto
ditto, being cheaper. Bermuda Arrowroot at 5d to is lid;
Tapioca at sd.
COFFEE.-There has been less inclination manifested on
the part of the home tiade to purchase ",Vest India Coffee this
week, and importers continuing to supply the market freely,
has produced a decline on former rates of is to 2s par cwt.
Mocha at a decline on last week's rates of 2s. to 3e per cwt.
This afternoon Ceylon Coffee was wanted, and 1,526
bags 4 cases at public auction were mostly sold at and
after the sales ; Plantation sorts went at full rates, and
other kinds rather dearer, good ordinary pale fetched 50s
to 51s, real good ordinary 525, and fine and fine fine
ordinary 61s to 655, low middling Plantation 74s to 795,
middling 80s to 87s, good middling 88s to 935, pea berry 80s
96s 6d, triage 42s to 478, low 21s, and sea damaged 47s 6d to
85s ; 70 bags of La Guayra were taken in at 46s for middling
COCOA.-For British Plantation no improvement in prices.
For Foreign, rather lower rates are accepted privately ;
Bahia at 28s 6d to 29s 6cl per cwt for fine bright red. This
of Grenada Cocoa taken in at 42s per cwt for good
bright red.
and the limited
TEA.-The market has a dull appearance,