The Sun.
London, England, 1828-02-13 00:00:00

COURT OF KING'S BENCH, FEB•_l2*

a criminal information
The THE KING ISSIEER:GYEDAIENTVTAraIrisIa•Iv
owe
against a rule obtained by Sir James. Scarlett, calling
upon
ntthrey,dteofeshndeatnvtes2,
utsvce.our,heyspectable booksellers of
should not be filed against them for publishing certain
statements reflecting on the character of the Mayor
and Corporation of that city. He was instructed to
say, that the defendants were willing to acknowledge
they could not justify the publications they had put
forth, And also to state that they were ready to wake
a proper apology for their conduct.
Sir J. SCARLETT was satisfied his clients -would
take his' advice, and accept the apology. offered, but
he could not accede to it without first consulting
them. •
Lord TENTERDEN.....The case may stand over till

SELECT VESTRIIS.--COLDING AND °TorRS V. FEN N.
next term.
This case, which it will be remembered involved
the question of the existence of a select vestry in the
parish of St. Martin's in the Fields, has been twice
before a jury, and on both occasions verdicts were
found in favour of the existence of the select vestry.
A new trial was moved for, on the ground that 'the.
Custom was bad and void, as the number of the vestry,

was not limited, and that it had been diseentinued,
and was therefore void.
Lord TENTERDEN WAY gave the judgment bf the
Court. 'Whey were of opinion that both the objec-
tions must fall to the ground, for it • was • not requi-
site in law that the number of the vestry should be
fixed, and, on the contrary, that it -might be highly
convenient that the
_number should vary with the
varying wants of the parish. The second objection
to the verdict, viz.: that the custom had been dis-
continued, must also fall, for the Court did not think
the custom broken by variation in the number of the
vestry, nor was it broken by having acted on the
faculty, and was competent in the vestry, without
any authority, to increase or diminish its own num-
bers. The rule for the new trial must therefore be
discharged.

THE WING V. THE LIVERPOOL DOCK COMPANY.

On the motion of the SOLICITOR-GENERAL, the
rule obtained by Mr. Brougham for a Mandatory( in
this case, was enlarged till next Terrn,_od the ground
that a third party, viz, the. Crown in light of 'the
Duchy of Lancaster, had made a claim to the pro-
perty in dispute.

TOR KING V. BROOK.
Mr. TAUNTON appeared on behalfof Mr.• Brook
to oppose a rule obtained by Sir Tames Scarlett to
shew cause why an information, in the nature of a
quo warranto, should not be filed agaitist
chew by what authority he exercised the office of
Master of the City of Wells. It had been stated on
the other side that his client had not been sworn
into his office, for that no record to it was to be
found in the proper books. Now, he had numerous
affidavits, which proved that Mr. Brook was actually
sworn in.

Lord TENTERDEINIThe best way will be to let
the rule be enlarged until next ,terms mid for the
Master, in the meanwhile, to inquire into the fact of
the swearing in.

SECON U E.DITION.
SUN OFFICE, Six o'clock.

IM PERIAL PARLIAM ENT

HOUSE OF COMMONS.

The SPEAKER took the Chair this evening at the
usual hour, there being exactly 40 Members present.

Sir CHARLES WKTRERAL and Lord BRECKNOCK
took the oaths and their seats.

Mr. HELY HUTCHINSON presented a peti-
tion from the merchants of Cork, praying for leave
to bring in a Bill for the improvement of the butter
trade of that City.
General GASCOYNE presented a Petition
from the Owners of Steam- -easels in the., port of
Liverpool, praying that a regulation -may be made
with regard to pilotage as connected with steam-
vessels.

Colonel DAWKINS presented a Petition from
the Cornfacters, Farmers, and other Inhabitants of
Boroughbridge, in Yorkshire, in favour of the Ayr
and Calder,Navigation Dill
Mr. LOTT presented a Petition in favour of the
Bill, for regulating the Fisheries in the river Tay.
Mr., LOTT also presented a Petition. from the
Protestant Dissenters of the Baptist Chapel of Ho-
niten, in the county of Devon, praying for a repeal
of the Test and Corporation 6aths.

Mr. MOORE-moved for a return of the quan-
tity of spirits warehoused in Scotland.,and Ireland
during the last two years, and . also. othec returns
connected with the spirit trade in chose, countries.

Mr. JEPSON presented a petition from the
Catholics of Ballynamoe, praying for emancipation.
Mr. PORTMA.N presented a petition -from the
Protestant Dissenters of the •014 Meeting House in
Dorchester, in the county of Dorset, praying for a
repeal of the Test and Corporation Acts. He also
begged leave to take that Opportunity of stating,
that the petitioners were quite favourable to Catho-
lic Emancipation.
• 2
Mr. LEONARD presented a petition from the
Protestant Dissenters of Maldon in Essex, praying for
a repeal of the Test and Corporation oaths.
Mr. GRATTAN moved for returns of the.number
of Bank of Ireland Notes in circulation-4n such
quarter of the. years 1825,1826, and 1827,--Ordered.
Mr. CALCRAFT preiented a Petition of the
Protestant Dissentera ot Durham against@ the Test
and Corporitinn Act..

tsehdes in Ireland,
oPfAsßomNeEoLtLheprreismerni
the. Roman Catholics of Kildare, county of West-
meath,Sir HaEn dN aRI soY

The same'Member moved for leave to give notice
of a motion for a copy of the treaty With Limerick.
—Leave to give notice on Tuesday,
Mr. BROWN presented petitions from four dif-
ferent parishes in the county of Mayo, on behalf of
Catholics, in favour of their claims.

Mr. DAWSON moved that the House should
resolve itself into a Committee upon the •subject of
Ways and Means.. He then moved that the House
shoidd go into a Committee of Exchequer Bills,
and next, into a Committee on the Transfer of Aids.
After the House had resolved itself into those
Committees, . . .
Mr. DAWSON moved that the Reports, be re-
ceived to-morrow. .
theTphpostponed till Friday. •
uerpoothseeroOf
beingrde-rs ofthe Day were then read for
• The House•adjourned at'a Quarter-before FiNe.

BIRTHS.

On the 12th inst., at Great Thurlow Hall, in the:county
of Suffolk, the lady of C. C. Ewes, Esq., of a daughter.
'On eie 1 fth inst., at Woodlands, Chigwell, Esser, th•
lady.of Sir James Urmston, of a son.
912 the 7th inst., at West Ham-ahhey, the lady of John
Barclay, Esq-; of Devonshire:place, of a.daugliteii .---.-
.nacrrdasOs l) br,
Church, of
saird.
At Paris, Mrs. Benjamin B. Williams; of TavisSock-
square, of a daughter.
On the 1I th inst., Mrs. William Davison, of Bread-
street, of a daughter.
On the 9th in'st., at Captain Dickinson's, Braitblehery,
near Woolwich, Mrs. Joseph Phelps, .of the! island of Ma_
town, the lady
il'..t.,tdiiaieiiniglitietUive.rplpoverfinEd.rsivtzczaorurtitYneb-WPisacojecnii,4ol(Es:eir's:-.
deira, of a daughter.
On the 11th inst.. • - , •
MARRIED.
at the ork-istree4 Brynnsto*square,
"liChuabl!rarle:
to Johanna, of
n e t the
Upperitate vS.t*Ed—Pwa
the 7th inst., Collegiate Church, Manshester,
On
bookseller, Jaynes Thomson, of this tone, to Elisabeth,
Mr.• of John J IA ci doghter en....ason, Esq., of Salford.'
mew •
Rector 'of DYrham,
K Roberte
°O tnni sthht :.
et ori * elluottt-litll.
ii
sit
in the Diocese of GlOUcester, to Ma-
tilda-meues, daughter of John Inn Esq .of
.Id.
Inner, •,
Broad-street-btu lugs.

of
0013inrle;thdlooday PRaryle,Sinurruech esteemed and DIED.
;•
On the 9th inst., Lady Fletcher, of Sir Henry
mented, Mrs. Jane Smith, widow of the Missionary Smith,
origintin_
'-the climate of
aDFgleeetcitnceh3re3arr:a o,Bfaaanr and .tnohsfeu As' nuspffhtelieroYinng s she there endured.
On the 10th inst., at his residence, Villiers-street,
Strand, in his 53d year,'David Carruthers, kill., formerly
Ellen, second daughter of Mr. Foster,
On theitlrleeltohtliannsitdn.s,i‘t.i,araytiand.point,
Essex.
of Liverpool, and latterly of London, merchant,
morning, of apoplexy .Mr. George Clarke,
44 years clerk to Messrs:•Barclay, Tritton, BeratFarild Co-
• -- •

PRINTBD d PuBLIstiED by M. YOUNG, at the
SUN
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