The Sun.
London, England, 1845-08-23 00:00:00

BANKRUPTCY.-(THIS DAY.)

(Before Mr. Commissioner Farm) As
IMPORTANT DECISION UNDER THE SMALL VESTS ACT.-
JURISDICTION OF COURTS OF REQUEST. tbl
This morning, several applications having been made to
Learned Commissioner for summonses issued against Pe
judgments given in Courts of Request,
The Learned Commissioner Farm said he would gile."Oa be
,„.
in one of these cases. In consequence of the mode in
Act was flamed, it was impossible to generalise the 1,02: to fr
would, however, say that this Court had not only to hr.:, tot/
judgment of the court from which the judgment issued, u"
the question of jurisdiction, and to pronounce whether it 0
petent to adjudge in the case. Now the Act before hire Of"
many special exemptions—that it should have no jurisdictifti
lands—nor testamentary, matrimonial, or ecclesiastical gcolll
tithes, tolls, or insurances. He would like to know 11°°_,,h; It°
be expected to say that the amount claimed might not 0•"
fool
one or other of these cases or exemptions ? OOP el
The ATTORNEY for the plaintiff said that he belicv..._A , .000
of the judgment or order of the Court, the Learned Ccaliinj
could proceed. 11,
The Learned ComitissioNza— I am of a different oPini°: Cod,
first bound to see that there is a judgment; next, tbat "'nearer'
has a jurisdiction. I know the jurisdiction of the Court of 20 joriP
Bench to extend all over England, but I do not know tnecrit.ril
diction of every court in the kingdom. These Oe_.,„•es Ore,
points, and in these cases, where difficulties arise, s 0'
called upon to appear in person ; therefore I have 014
tlat
vantage of a solicitor. grratt
The ATTORNEY said the errors of the law migbt be o'
the public could not answer for them. Olt#
The Learned COMMISSIONER—Neither can I. d
Ibe
occur they must be surmounted legally.
A nCe Pt did
The ArroaNev said that there was prima facie evi-e-,....1/0-
jurisdiction of the Court, by the fact of process being el.— •
or issuable. It ole."-esi
The COMMISSIONER—If the Act means anything, -- iv'
matter of fact, not of presumption. I might, if I W.- eat
with presumptions, commit a party on an erroneous lotoself,
an incompetent court, and make myself liable to an attar ocer
for false imprisonment. The rational course would bs `oojo .
every court depending on its own jurisdiction to enforce
ment. The Learned Commissioner then proceeded to 't,,so te
1111,0:,
under all the circumstances, he should refuse to act, exini
saying what course should be pursued, he should advise '3 /OK
to take advice of their solicitors until a judgment of 1
court was obtained. -r I

CRIMINAL COURT.-THISin A_ 1
OLD COURT.
(Before Mr. Baron PLATO s EAStss:'
MANSLAUGHTER.—THE PRINCE OF WALES MArtoare - Too-
-. Henry Ross, the captain of the Prince of Wales Margate.t
was indicted for the manslaughter of David Davis, them'"gird
small vessel called the Culloden, on the 22d of July, thein
0(
Thames. e
Mr. RYLAND conducted the prosecution on behalf of the D,
London, and from the statements of the case to thejurl roll°
him, it appeared that, on the day in question, the vessel' of
ta
the prisoner was in command,-in consequence of the eatf.alledc°;
pidity at which she was going, came against the boat of the jot'
of which the deceased was mate, and swamped it, by Whjc 010
persons were thrown into the River, and Davis and two
drowned.
Mr. Prendergast appred also with Mr. Ryland for th.efer.
cution, and Mr. Clarkson ea
and Mr. Bodkin defended the Pus°, On
Enoch Evans belonged to the Mary and Margaret val; ri
tll
the 22d July was employed to unmoor the Culloden, i
rate,
Thames. At this time a steam-vessel passed by at rarster, 1.0"
swell of which filled the boat of the Culloden with 1r,e0.1%t
caused her to sink. The witness and four other persons
IA r
in the boat were immersed in the water. Witness was ha
the other three men were lost.
which wit/
Cross.examined by Mr. CLARKSON—The boat in to
was saved was a waterman's skiff, and much smaller thnubice
boat of the Culloden. The long.boat was chained, host' 01,
vented its rising with the swell occasioned by the stea,.ooeie•
the chain had been loosened, the boat would not, in all P ,
have gone down. whi'"
Re-examined by Mr. PRENDERGAST —The okiu„,
in
eto
ness was was greatly affected by the swell. et F.
By Mr. Baron PLAIT—The water from the swell did n 1
tetS
the skiff in which witness was saved. tett ioo
that
Mrhe knew. Williams
the,
deceased David the commandeDavis. Onr of the Mithe (WY 'ford h4oostos
Toe
.0( dio
he was on board his vessel, which was near the
saw Davis and three other men unmooring the stern cnilte„,l(
Culloden ; they seemed to be doing it in a work'soll "
Witness saw the bust capsized, in consequence of the 40
the steam-vessel, of which the prisoner was captain' _ host .1105
By Mr. Baron PLATT—CouId not say whether the,dered
have floated had it Out been for the chain. He (10
the skiff floa ed because no person was in it. tow 010,
Ephraim Keely—Saw the accident, and endeavouredgrog 10,
three men that were drowned, but the swell was c:.
he could not do anything with his boat. Near D°o otjesi'
where the accident occurred, there was generally a Pet on tr-
of vessels and boats. It was necessary at this Part 1.
_Adid
be very careful in the navigation of steam-veesels. .„, an:holt
Cross.examined by Mr. CLARKSON—Was a watertni;oo"
not like steam-vessels.—(Laughter.) All the ateSo3. to tel
there can go fast down the river. W
r
By Mr. Baron PLATT—Did not think it prudent fe to e 000
uhder chains, as had been done in the present esToolei weeg
vessels, when it was known that steam-vessels vei,"
the river. It was well known that a great many
down the river about ten o'clock in the *umiak ripe 14
COOPare a Parii•-b4U4a, carrobotatod