The Sun.
London, England, 1845-05-26 00:00:00

COURT OF QUEEN'S BENCH, May
_24.

The Court was occupied during the early part of the day in
hearing a motion for a new trial, but the case presented no features
of public interest, the arguments being purely technical,

COURT OF BANKRUPTCY, May 24.
(Before Mr. Commissioner GOULBURNO
IN RE GARRET, ♦N INSOLVENT.
This insolvent, who was a farmer at Milton, Northamptonshire,
came up for his final order, and was opposed on the ground of
having made a vexatious defence to an action on two bills of
exchange.

The insolvent said that he had acted under the advice of his at.
torney, who told him there were a good defence to the action.
The COMMISSIONER—What, a good defence, when you chose to
sign accommodation bills without having any possible means of
meeting them.
The insolvent said that he had been taken in, whilst drinking a
bottle of wine ; but he could assure the Court that he did not
know of the proceedings till after they had commenced, and then
begged nothing further should be done, as he could not pay.
The COMMISSIONRR—Where is your attorney i—A boy about
fourteen or fifteen, said his father could not attend to-day, but he
was watching the case.
The COMMISSIONER—Watching the case, indeed 1 This is too
often the case. Some attorneys lead their clients into diffieulties,
and there leave them. He said that nothing justified the insol-
vent's conduct in giving the bills, but at the same time the aggrava.
tion, if put in on sham plea, was caused by bad advice. Vnder
the circumstances, he should act upon the 28th section of the /,et,
and withhold the protection of the Court for three months, and
adjourn the making the final order sine die.

WEYMOUTH.
QUEEN'S BENCH, MAY 15.
THE QUEEN U. THE MAYOR OF WEYMOUTH.,

This case was argued in Trinity Term last by Mr. Sergeant
Kinglake and Mr. Crowder. Attorneys, Mr. Coppock and
Messrs. Hicks and Co.

JUDGMENT.

Lord DENMAN- -The Queen against the Mayor of Wey-
mouth. A mandamus to the mayor, aldermen, and bur.
gesses of the town of Weymouth and Melcombe-Regis, to
elect—to proceed on the 28th day of June, and do all that
was necessary for the electiOn-of two assessors for revising
the burgess list, in the place and stead of two whose year of
office expired on the Ist day of March, when no election of
new assessors was made. The return is, that on the day
named the mayor, aldermen, and burgesses met, and were
ready and willing to proceed to such election—the aldermen
and burgesses to vote, and the mayor to receive the voting
papers when they were so assembled; but there was not, nor
hath been, any assessor of the said borough, and i❑ conse-
quence thereof they could not proceed to hold the said elec-
tion. We hold this return to be clearly bad, for the reasons
assigned in the demurrer. It leaves the Court in doubt
whether an assessor duly elected has died or become in-
capable; or whether, in case no assessor was elected, or some
assessor was elected whose title is thought to be invalid from
some legal defect. In any of these cases, which appear
to be all the words of the return can suggest, the
real state of things ought to have been distinctly pleaded,
that the prosecutor might have an opportunity of question-
ing its existence, or bringing forward other particulars to vary
its effect, or of placing before the Court such points of
law as the known facts of the case might raise. It
was argued that the special circumstances relied on to
support the return need not be stated, because the mandamus
itself was ill. for it directs that to be done which, applying
only to provisions of public interest to the facts stated in it,
could not by law be done—that it would, therefore, make the
return argumentative to state the reasons why it could not
be obeyed. The answer is two-fold, without adding the fact
of there being no assessor, no difficulty appears in the way
of obeying the writ, and, secondly, simply to return that fact,
unless the inability to elect equally exists under every sup-
posable state of circumstances under which there may have
been no assessor of the borough would be sufficient ; but we
think the Ist of Victoria, chapter 78, meets the difficulty
which would otherwise exist under the present state of
things. In any election made before this Act, or " under
this Act," the expression is any election made before this Act
or under this Act shall be good, although made before the
appointment of assessor. There is a remedy for omission, and
it is large enough in its terms to include any omission to ap-
point assessors. All electors since that Act may be called
electors under it, for they are all subject to its provisions. If
the proper time had elapsed the corporatio-n may obtain
authority by writ of mandamus, and ought to do so. This
may be a necessary step previous to the particular election
now prayed for; but their own neglect to take it cannot re-
lieve them from the duty now sought to be enforced. Seeing,
then, that there are means intrusted to them by law for
doing what the law requires, we are bound to give judgment
for the Crewn for a peremptory mandamus.
The effect of this judgment will be important to the liberal
nterest in Weymouth.

FRIDAY NIGHT'S GAZETTE.
DIVIDENDS DECLARED.
J. C. Lee, Customs' locker, Liverpool—first div. of Is. 7'%d.
in the pound, May 28, and any following Wednesday, at the
office of Mr. Morgan, Liverpool.
G. Taylor—first and final div. of 13s. 9d. in the pound, any
Saturday, at the office of Mr. Green, Aldermanbury.
S. Law, upholsterer, Great Portland-street—final div. of
Is. 7d. in the pound, any Saturday, at the office of Mr.
Greer, Aldermanbury.
T. Higginson, pawnbroker, Liverpool—second div. of 2s. in
the pound, May 29, and any following Thursday, at the office
of Mr. Cazenove, Liverpool.
L. 'Watson, smith, Rickmansworth, Hertfordshire—first
div. of ss. 9d. in the pound, next, and any following Wed-
nesday, at the office of Mr. Belcher, King's *Arms-yard, Cole-
man. street.
F. B. and W. Stacy, warehousemen, Lawrence-lane,
Cheapside—first div. of 61/2d. in the pound, May 24, and any
following Saturday, at the office of Mr. Edwards, Frede-
rick's-place, Old Jewry.
W. Hinchliff, haberdasher, Marlborough-road, Chelsea
—first div. of 4s. Bd. in the pound, May 24, and any follow-
ing Saturday, at the office of Mr. Edwards, Frederick's-place,
Old Jewry.
R. Rochester, butcher, Hartlepool—first div. of Is. in the
pound, any Saturday after May 24, at the office of Mr
Baker, Newcastle-upon-Tyne.
W. Pringle, carrier, Morpeth—first and final div. of Is. 4d.
in the pound, any Saturday 'after May 24, at the office of
Mr. Baker, Newcastle-upon-Tyne.
J. Donnelly, merchant, Liverpool—first div. of 2d. in the
pound, May 26, and any following Monday, at the office of
Mr. Bird, Liverpool.
J. Herdman and E. Herdman, jun., millers, Congleton,
Cheshire—second div. of 512 d. in the pound, May 26, and any
following Monday, at the office of Mr. Bird, Liverpool.
R. Swainson and J. Gardner, grocers, Liverpool—second
div. of 24d. in the pound, May 26, and any following Mon-
day, at the office of Mr. Bird, Liverpool.
J. Carbuet, publican, Liverpool—first div. of 3s. 10d. in the
pound, May 28, and any following Wednesday, at the office
Morgan, Liverpool.
DIVIDENDS.
At she Court of Bankruptcy, Basinghall-street.
J. Paulton, stone mason, High-street, Portland-town,
June 13, at twOlve—T. Dingley, draper, Strutton-ground,
Westminster, June 33, at half-past twelve—M. C. Painter,
grocer, Peter-street, Westminster, June 17, at twelve—J.
Green, wine merchant, Pall-mall, June 17, at one—W.
Spencer, common brewer, Wallingford, Berkshire, June 17,
at eleven—W. Armfield, draper, Northampton, June 13, at
one—W. H. Mills, wine merchant, Mark-lane, June 13, at
twelve—R. Swansborough and H. Oake, warehousemen,
Bread-street, June 13, at twelve—S. Harvey, cattle dealer,
East Mersea, Essex, June 14, at half-past eleven—J. Mou •
trie, music seller, Bristol, June 14, at twelve—W. K. Ro-
berts, grocer, Abingdon, June 14, at eleven—M. H. L. G.
Colnaghi, print seller, Cockspur- street, June 13, at one—
R Marshall, stone mason, Deptford, June 13, at twelve—
D. Smith, merchant, Bucklersbury, June 17, at twelve.
In the Country.
G. Ball, carpenter, Bath, June 18, at eleven, at the Bris-
tol District Court—J. Johnson, merchant, Liverpool, June
17, at eleven, at the Liverpool District Court—T. and W.
Wilson, merchants, Liverpool, June 17, at twelve, at the
Liverpool District Court—C. B. Buchanan and W. Cunning-
ham, merchants, Liverpool, June 17, at twelve, at the
Liverpool District Court—T. Whyte, hardware merchant,
Birmingham, June 17, at eleven, at the Birmingham Dis-
trict Court—W. Munton, Greatford, Lincolnshire, June 17,
at half-past twelve, at the Birmingham District Court—N.
N. and R. Solly, iron masters, Tividale, Yorkshire, June 23,
at eleven, at the Birmingham District Court—G. R. Gitton,
printer, Bridgnorth, June 18, at eleven, at the Birmingham
District Court.
CERTIFICATES to be granted, unless cause be shown to
the contrary, on the day herein mentioned.
W. Burt, boarding-house keeper, Harrow road, Padding-
ton, June 17—R. Stockley, cabinet maker, Ramsgate, June
17—J. Welch. licensed victualler, Ring-cross, Hollaway,
June 14—J. Gibbs, grocer, Ramsey, Huntingdonshire, June
I6—J. Hollingsworth, butcher; Paddington-street, Maryle-
bone, June 16—A. Donald, bookseller, St.Alban's, June 17—
T. Weston, plumber, Southampton, June 17—M. Farrand,
fancy cloth manufacturer, Huddersfield, June 16—W. H.
Mills, wine merchant, Mark-lane, June 13—J. Martin,
victualler, Bexley-heath, Kent, June 13-11. Green, woollen
draper, Liverpool, June 13--T. Lane, scrivener, Hereford,
June 13—J. Pim, linen draper, Clapham-common, June 13—
T. K. Gorbell, bookseller, Bedford-place, Commercial-road,
June 13—R. Swansborough and H. Oake, warehousemen,
Bread-street, June 13—G. Haywood, bricklayer, Luton, Bed-
fordshire, June 13.—J. Banks, seedsman, Birmingham, June
13—H. C. York, lodging-house keeper, Cheltenham-place,
Westminster-road, June 13—R. Rochester, butcher, Hartle-
pool, Durham, June 13—A. Knott, miller, Trevford, Sussex,
June 13—J. Roberts, grocer, Liverpool, June 13—W.
Reeves, coach builder, Walcot, Sornersetshire, June 13—J.
Kewlev, tailor, Liverpool, June 13—S. Marshall, builder,
Hull, *June 13—W. Burchett, chemist, Whitechapel-road,
June 13—W. Conyer, T. Ridsdale, J. Senior, E. Bailey, J.
Milnes, W. Mayman, J. Oldroyd, J. Castle, S. Oldroyd, J.
Breary, J. Denton, A. Ellis, M. Healey, J. Bailey, and J.
Clegg, woollen and scribbling millers, Batley Carr, York-
shire, June 13—C. Burrage, butcher, Newgate-market,
June 13.