The Sun.
London, England, 1826-10-11 00:00:00

before referred to, that we deem it right, as far as in
us lies, to rescue it from such imputations, and plainly
and openly to declare that the decisions were as illegal
as they were absurd.

The first case we shall mention was that of Mrs.

ISABELLA YAPP, who was summoned before the
Magistrate on a charge which ran thus in the in-
formation, viz. 1(4 for having on a certain night, at
late hours, entertained other than travellers, in the
house of him the said ISABELLA YAPP." Now a Mr.
VIRGO, an attorney, appeared on the behalf of Mrs.
YAPP, and took an objection to this information, that
the word him was used instead of her.; and, wonder-
ful to say, the Magistrates held the objection fatal,
and quashed the information upon that ground. Mr.
VIRGO, as an attorney, must have known that such an
objection would be met in the 'Courts of , Law with a
Pho, Pho I and he must have felt that he could not
have found a , barrister, in the whole range of the bar,
who could have been induced to take it. Mr. VIRGO
was, however, bound to make the hest of the object

tion on the behalf of his client, and therefore no blame
can attach to him. We must, nevertheless, express
our surprise that any Magistrate could be found within
the circuit of the Public Offices, who could for an
instant hesitate to disallow it as frivolous and absurd.

It is the constant practice of the Courts to reject as
surplusage all expressions in pleadings which can have
no meaning, and hold the smile good if, after such
rejection; enough is left to make them plain and in-
telligible. If this very simple rule had been adopted
in this case, the information in question would have
stood thus, "in the house of the said ISABELLA
YAPP," and then we defy even Mr. Vutoo, redoubt•
able as he is, with all his ingenuity, to take the
smallest objection to it.
The next case is that of Mr. GWILLAM. The
information in this case was liable to a similar objec-
tion as that of Mrs. YAPP, except that in the last
case the word your was used, where, in the first case,
the word lain: was used, anti, of course, met with
the fate of its predecessor. This case, however, was
not quite so clear as that of Mrs. YAPP, because the
words " your said house," were not followed as in the
former one with "of the said" (publican.) This dif-
ficulty might then have been allowed to puzzle the
heads of the Police Magistrates—never at the best
particularly clear as to law ; and, were it not for the
former decision, we should have passed it over with-
out observation as wrong certainly, but not more so
than is usual at the Public Offices. It is, however,
quite clear, that the same before-quoted simple rule
would be equally applicable to the case of Mr.
GwiLLAM as to that of Mrs. YAPP; and the wordyour
might even here have been rejected as surplusage, so
as to leave the information thus "in said house."--
Were it necessary, thousands of cases could be quot-
ed in support of the rule laid down 'even in criminal
cases, to which the statutes of
,je9filds, as they are
technically called, did not extend ; but since the in-
troduction of .Mr. PEEL'S Act of the last Ses-
sion of Parliament, which is specially directed
against frivolous objections like these, and which does,
in effect, extend the statutes of jeofails to criminal
proceedings, it is, we must say, unpardonable that it
was not permitted to have its intended healing opera-
tion, and thus support the two informations which
'have been so illegally dismissed. In extenuation of
the Magistrates, we may observe, that Sir GEORGE
CRETWYND has not brought down " BURN'S Justice
of the Peace" to the 7th of Geo. IV., and we could
therefore hardly expect the Act in question to be
known to them.

We beg pardon of the Magistrates., for dealing
with them thus, unceremoniously, but the law has
quite enough of substantial objectionable qualities,
without loading it with crimes it knows not of. The
public have every disposition. to treat it with con-
tempt, and not only to view it as a rule to protect the
weak from the strong, 'but as a system rendered pur-
posely defective, in order to_put money in the lawyers'
pockets. The charge is indeed very ridiculous, and
very absurd, but in the minds of the million it exists
to conviction ; and it would therefore he useless to
contend against it. The more the lawyers, argue
against it, the more the dogs would bark ; the law
must therefore be left to its fate, to fight its own
battles, as it well can ; but justice and fair play de-
mand that it should not be reviled, without at least
the semblance of truth.

It appears by the French Papers, that Rear Admiral
Monckton died recently at Havre, at an advanced age.
His funeral took place on the Gth instant. The
funeral honours were performed by a battalion of the
64th French regiment.
His Majesty's ship, Blonde, arrived at Spithead on
Monday, from Bermuda, to which island she pro-
ceeded a few weeks since, with Lieutenant-Colonel
Fanshawe, of the Royal Engineers. It is understood
that Colonel Fanshawe has made the survey of the
present state of the fortifications, and the means of
defence which the Bermudas afford, which he was sent
out unexpectedly to perform, and that he has returned
to England in the Blonde.

The following has been circulated as the account of
the proceedings yesterday in the affair of. Nfr.,J. H.
Israel. A meeting of the Committee of the Foreign
Stock Market was convened for the purpose of con-
firming the resolution passed at the meeting of the
Committee on Saturday last, relative to the conduct
of Mr. J. H. Israel. Nothing new transpired, and the
vote of censure was unanimously adopted. Mr. Israel
was then ordered to be called in ; and, on his making
his appearance, the Committee informed him of what
had been done. The Chairman read the vote of cen-
sure, and spoke in strong terms on the unwanantahle
course pursued by Mr. Israel. The Committee then
Ordered. that the vote of censure should be hung in
some conspicuous place in the market, in order that it
might act a
act as a caution to those who.might need admo-
onion ind adjourned.
future. Mr. Israel withdrew, and the Com-
mitteelt is
are makigratifying to know that considerable advances
manufacturing
much ogthroughout the country to a state Acorn-
mercial and
somewhat brisker
ceunts agree in stating, that the
demand for goods is
prosperity. Ali our se-
is there to than for many months past, and that
the
arthet.ter prices are obtained. In many dis-
tricts,has so frequentl
be witnessed
find full employment, and in none
and wretchednessY
Trade
that extreme distress which
appealedresi for relief, though poverty
immediate
tion in the Silk have not observed any altera-
vicinhylZe stilli the lot of many. In our
• • nee our last, neither do we
anticipate that there will b
the approaching sale of silo any till the termination of
ks at the East India House.
The cotton trade is better
neighbourhood ; and
work. Those manufacitturierbs wotlhioink,
all the cotton factories at tdheemtovniloyeand
iwiitih pleasure we add that
hands only partially resumed flitintgt-
the presont Inek."'"Waeriacla on are now at full
:me in the course dtht their
Herald.