The Sun.
London, England, 1844-11-04 00:00:00

COURT OF QUEEN'S BENCH, Nov. 2.

(Sittings in Banco.)
This being the first day of Michaelmas Term the
Judges did not take their seats upon the bench until
one o'c ock.

LOCKWOOD V. WOOD.
TOLLS OF EASINGWOLD MARKET AND FAIR.

This was an action, brought by the plaintiff; the
proprietor of Easingwold market and fair, to recover
certain stallage from the defendant, who had erected a
stall in the market-place of Easingwold. The defendant
pleaded that the inhabitants of Easingwold were free
from stallage. The case has been frequently
argued, and tried more than once—the point
to be decided being whether the exemption of the in-
habitants from toll, which was admitted to exist, in-
cluded also an exemption from stallage. The last
occasion in which it was tried was at York, before the
Lord Chief Baron, when a verdict was returned for
the defendant.

Mr. WATSON now applied for a rule nisi to set
aside the verdict and enter a verdict for the plaintiff,
or for a new trial, on the grounds, first, that there
was no evidence to support the verdict: secondly,
that the verdict was contrary to evidence; and.
thirdly, that there had been misdirection on the part
of the Learned Judge.—Rule nisi granted.
-

IN TIIE MATTER OF CHARLES BESSET—HABEAS CORPUS.
Mr. CHAMBERS moved for a writ of habeas corpus
directed to the Keeper of the Giltspur-street Compter,
to bring up the body of Charles Besset, who was de-
tained under the provisions of the extra-tradition
treaty with France. Several points would arise
as to the construction of the Act of Parliament.
The case had been already heard at Chambers, and.
the Judge had directed application to the full court.
Lord DENMAN—You had better take your writ at
once.—Application granted.

- - BAIL COURT, Nov. 2.
Mr. Justice Patteson took his seat on the bench
shortly after one o'clock.

WEBSTER V. CHANDLER.

Sir J. BAYLEY moved in this case for an inter'
pleader rule on behalf of the defendant, calling on thii
plaintiff and one James _Gibson to state th,
nature of their claims to the Gallows.,
stakes. It appeared that the defendant was tli
steward of those races, and held a sweepstakes of 141.,
which was run for in three heats, between Fairy
Queen, belonging to Mr. Gibson, and Hopping Kabe
belonging to the plaintiff. Fairy Queen came ii!
first twice, and Hopping Kate second. The owner or•
the latter horse, however, claimed the stake, on th(
ground that Fairy Queen was disqualified. The objet!
which the defendant had in making this application
was to prevent his being sued by both parties.
Mr Justice PATTESON at first doubted whether thEi
Court could interfere where the stakes were unde,t
50/, but on looking over the statute he found that th 4

Act of 13 George 11. was repealed by the 3d and 4th
Vict., and granted the rule.

COURT OF EXCHEQUER, Nov. 2.

THE OPERA OF LA SOMNAMBULA.-DOSEY V. PURDAY

Mr. CaAmpros applied for a rule nisi, under the
new Copyright Act, calling upon the plaintiff to
expunge an entry at Stationers' Hall, of ten books of
the opera of La Sminambula, or to restrain him from
using it at the trial. The opera was written and
represented in Milan in 1831. The plaintiff brought
several plates of the music to London, and having
entered them at Stationers' Hall, published them.
The defendant also published copies, and continued
doing so, for a period of eighteen months, until the
late Copyright Act came into operation.
Rule granted.

COURT OF COMMON PLEAS, Nov. 2.

The Lord Chief Justice, Mr. Justice Coltman, Mr
Justice Erskine, and Mr. Justice Cresswell took their
seats upon the bench at a quarter past one o'clock.
The Judges came this day to the hall in the form
of procession which was, until lately, always usual
on the first day of term. But the present Lord Chan-
cellor discontinued the custom, and has arranged
that the Chancellor's entertainment of the Judges to
breakfast, and the subsequent procession in state to
Westminster Hall, shall take place only at the open-
ing of the term following a circuit, as was the case
this day.