The Sun.
London, England, 1828-05-19 00:00:00

LAW INTELLIGENCE.

COURT OF CHANCERY, MAY 17.
GRANT AND GRANT.
The LORD CHANCELLOR, in reply to an applica-
tion that he wi Uld give judgment in thif:, care, said
he would do so as soon as he could.

COIT.T OF KING'S BENCH, MAT 17,
EX-PARTE POWELL, hSQ.

• Mr. BitoucatAlt moved for a rule calling upon
Mr. Alexander Scott, a surgeon, residing and prac-
tising in the town of Winchelsea,to show cause why
a criminal information should not be filed against
him. The application was made at the instance of
Mr. Powell, the Chief Magistrate of Winchelsca,
whose affidavit stated, that on , the 27th of last
March, he was present at a public vestry-meeting
at Winchelsea; and that upon that occasion Mr.
Scott, in the presence and hearing of the meeting,
said that Mr. Powell was a liar, a scandal-monger,
and a scoundrel; that he then thrust his fist in Mr.
Powell's face, and attempted to take him by the
nose. His affidavit was corroborated by three per-
sons of the names of Taite, Wilson, and Hill, who
were present at the meeting.—Rule granted.

(IROCOCI V. COOPER AND OTHERS.

This was an action of trespass, in which the
plaintiff, a linen-draper, of St. Ives, in Huntingdon-
shire, sought to recover a compensation in damages
against the defendants, Charles Cooper and Charles
Evans, barristers-at-law, and George Jay, an attor-
ney, for illegally issuing their warrant, as commis-
sioners of bankrupt, under which the plaintiff was
arrested, and carried from London to Norwich.
The cause was tried at the Sittings after Trinity
Term last at Guildhall, when it appeared, that a
commission of bankrupt having been issued against
Messrs. Silvev and Saunderson, bombasin manufac-
turers in Norwich, it was found necessary to examine
the plaintiff as a witness touching the bankrupt's
estate. The commissioners accordingly, issued their
summons recpuring the plaintiff to appear before
them at Norwich, on Tuesday the 18th of April,
1826. As the plaintiff was then in London, the
summons was sent to the agent of the solicitor to
the commission, and was by his clerk served on the
plaintiff at five o'clock on the evening of Monday,
the 17th. and he was required to be at the Bowling-
green Tavern, at Norwich, before the Commis-
sionera the next morning at ten o'clock. The plain-
tiff remonstrated that he was afflicted with lumbago;
that he wee engaged in important business, and
that the:notice was too short for him to travel a dis-
tance of 116 miles; and he requested the clerk to
accompany him to his attorney. When they came
there, his attorney aaid he did not consider the notice
legal, on account of the shortness of time, and he oh-
, jected, that M., which was tendered to the plaintiff
for his expenses, was an inadequate sum. The
plaintiff expres.-.ed his willingaes.s to attend the com-
mis.,ioner3 at the end of the week, or on any day
they pleased, on having reasonable notice, and he
begged the clerk to write to Norwich to that effect,
which he promised to do. On the Thursday even-
ing, two days afterwards, the plaintiff ma, to his
great .surprise, arrested by a sheriff's officer under
the warrant of the defendants, who, it appeared, met
at Norwich on the Wednesday at ten o'clock, and
issued it without having an affidavit of the service
of the summons. The plaintiff was taken that night
(Thursday) to Norwich, where he arrived on the
following morning, and was kept in custody at. the
Bowling-green Tavern until eight o'clock in the
evening, when the commissioner; met and examined
him. At the trial the plaintiff, under the directions
of Lord Tenterden, was non :cited. In Michaelmaa
term A rule air to set the nonsuit aside wee granted,
and on Tuesday last Mr. Campbell was heard in my-
port of it, and the Solicitor-General against it.
Lord TENTERDEN now stated, that. the Court
boring considered the case, were of opinion ilea
there (legit; to ht• a new trial.—Rule absolute.

BUSiNRSR "OM rOITRr.

Mr. Justice BAY LEY intimated that ;n pursuance
of his Majesty's warrant, which authori7ed the
Judges to it after Term for the despatch of busi-
ness, the three Puisrie Judges would on Tuesday
next (to4norrow) (Trim-pence their sittings in the
adjoining Court, and take the eases in the ('rown
paper, and the early causes in the special paper,
after which they would proceed with the country
;lew trials in the order in which they stood in
the ii;.lt,

Ex-PAR;: VEWJAMIN BAXTFP-.

Our readers will remember teeing frequent notices
of the case of the Baxters, who have applied for
writs of habeas corpwr, with a view to their discharge
out of Newgate, to which place they have been
committed for giving prevaricating and unsatisfactory
evidence before the Commissioners of Bankrupt, in
examination under commissions issued against Wm.
and Charles Barter, The parties are brothers, and
some of them carried on the business of drapers at
Norwich, and others at Ipswich. Charles and
Benjamin Baxter have been frequently examined
before the Commissioners, relative to certain good,
belonging to William and Charles Baxter, which are
supposed to have been removed for the purpose of
concealment; and an indictment has lately been pre-
ferred against some of the parties for a conspiracy to
cheat the creditors, Charles Baxter was appre,
hended whilst passing under a. fictitious, Home, and
goods which he had shipped to Liverpool (from
whence it is supposed he recant to escape to
America) were recovered.
Mr. PLATT now applied to the Court, on the. part
of Benjamin Ba:.:ter, for a writ of habeas corpta
to bring up his body, in order thc.t he might be dis-
charged out of custody.
The COURT granted the writ returnable before
Judge at chambers.

11-1 C ZING V. AND ANOTHEIt.

Mr. Serjeant JONE. 3 prayed the judgment of the
Court on the defendants John Davis and William
Blundell, convicted at the last Lanca€ter Assizes,
before Mr. Baton Hußock, of tinlawfuily taking iDlo
their posses ion the (lead body of a female, with
tent that it should be unlawf►►lly dissected.
Mr. Justice BAILEY, in passing sentence, observed
that there were degrees of guilt, and in this case the
defendants were not the most criminal parties.--
Taking all the circurnstancei into consideration, the
Court sentenced the defendant Davis to the pay-
ment of a fine of 201., and the defendant Blundell
to a fine of 5/.
The defendants paid the money immediately, and
were discharged.

. CORPORATION OF WELLS.
Mr. tAMPIIIkEL moved for a rule nisi for a writ of
attachment against Henry Brookes, Francis Besley,
John Watts, John Lovell, and William Chester Bar-
ryman, for wilfully disobeying his Majesty's writ of
mandamus. The three first named persons Were
masters of the corporation of Wells, and the other
two were capital burgesses. There had been judg-
.
mem of ;Ouitter -tigamt the mayor and capital bur-

gessies, and mandamus having been issued, com-
manding them and others to proceed to the election
of a mayor and five capital burgesses, the proper no-
tice was served personally on them on the 13th of
the present month. Nine persons being necessary
to constitute the requisite number, the presence of
the above•named parties was required ; but they wil-
fully absented themselves, in order to prevent the
election taking place.—Rule granted.

THE ICINC THWAITES.

The SOLICITOR-GENERAL, shortly before the
rising of the Court, applied for a conditional order
for a criminal information against the defendant, for
an alleged libel on the Minister of the Emperor of
Brazil in this country, arising out of some transactions
connected with the non-payment of dividends on
Portuguese Bonds, in which the Minister was ac-
en,,ed of duplicity in the transaction.—Rule granted.

filr-PARTfi SIR JONAH BARRINGTON.

Mr. MANNING renewed the motion he made last
week for a rule to show cause why a criminal infor-
mation should not be filed against a gentleman of the
name of Dunbar for a libel on Sir Jonah Barrington,
published in the Examiner newspaper.
Lord TENTERDEN—Yon may take the rule.