The Sun.
London, England, 1828-07-25 00:00:00

diction in the caw, therefore he would go on until it might
appear he had none.
Mr. Horsley said, that in all civil cases it was manifest
nt police magistrate or other justice could act.
Mr. BALLANTisz said, as yet his'abience ofjorisdictiolt
was. not shown.

Mr. Horsley contended that it was, because the only way
Mr. Baker could be put out of possession was by an action
of ejectment. He had received a notice to quit from his
landlord, and the Company's Act contained not one syl-
lable relative to a landlord's notice. The clause upon which
this application was founded, mentioned no other notice
but that of the clerk of the Company.
Mr. BALLANTINE said, the objection would be for hip
consideration when the ease had been entered into; at pre-
sent' the matter was not before him by evidence.
Mr. ,Horsley said, his objection wag decidedly that the
magistrate could not interfere, having no jurisdiction, and
he would protest against any evidence, being heard.
Mr. BALLANTINE repeated that he was hound to enter
into the cause to see if he had any jurisdiction or not.
Mr. Tooke tendered the agreement entered into in Sep-
tember, 1825, between Mr. Baker and Messrs. Reid and
Co., and called a witness who proved the signatures of ti
attesting parties. Having dune this, he said that the de-
fendant held out through a strange misled,perverseness, not
having the glimmering of a ray of right to keep possession.
His own agreement was actually sufficient, because one of
its clauses was to this effect—" That it being in contem-
plation to form a new dock in St. Katherine's, it is agreed
that, in the event of Messrs. Reid. and Co. selling ,their.
interest in the said house and premises, the King's Arms,
the holder shall immediately give up possession, and sur-
render all his title thereof," &c.
Mr. Horsley said that was a matter of common law;
they must bring their action of ejectment.
Mr. Tooke proceeded to show the giving np the title by
Messrs. Reid and Co. to the premises after the purchase by
the Company in June last year.
Mr. BALLANTINE was of opinion, now that the case
had been developed, that he had no jurisdiction. He was
thoroughly impressed with the objection, because the Act
had nothing to show the Company's right to interfere is
this case after a landlord's notice had been given. He felt
himself, however, called on to say, that Mr. Baker could
not make any thing by the objection.
Mr. Tooke felt strongly the belief that the Company
could proceed upon their Act.
Mr. BALLANTINE answered that it was impossible.--
The Company called upon him, in his magisterial capacity,
to put in force the section of their Act of Parliament
against this man, and he was of opinion that section did
not give him the power, under the circumstances of the
case, to interfere.

Mr. Tooke asked again if it was the Magistrate's opi-
nion that the Company were debarred from proceeding
upon the clause, by the technical facts of the ease ?
Mr. BALLANTINE replied in the affirmative, saying he
did not see how he could get over the facts as stated. But
he would certainlydo one thing—the Company had Counsel
of talent—suppose the facts were drawn up as they really
stood, then submitted to them, and their opinion reduced to
writing and:forwarded to him, and he would be guided by
it; but in suspending his judgment, ho was much inclined
to think that it would not be altered or reversed.

Mr. Tooke said it was very clear that Baker wag a te-
nant entirely on auff,rance. •

Mr. BALIANTINg—Yee, and could be turned out by
Reid and Co. at any time..

Mr. Horsley premed for the case being now disposed of.
As to any action at law, be would say that his client had a
good, a legal, and an equitable defence. Being convinced
the Magistrate had no jurisdiction, or could have none, he
would not tender any evidence.
_ _ _ _ _

Mr. Tooke said lie'would take Mr. Gurney's opinion
upon the point.
Mr. Horsley was pressed to tender his evidence, but he
positively declined, and the MigiStrate decided that the
facts of the case were closed, and he would •in a week
receive the opinion of Counsel, and if he was miituken he
should feel happy in being corrected.

SHIPPING INTELLIGENCE.