The Sun.
London, England, 1826-06-06 00:00:00

THY KING V. THIt COMVISSIONNIS Or urftwlcr, MR.

Mr. Txxnat. appeared to show• cause against a rule obtained by
Mr. Parke fits a mandamus, commanding the Commissioners ,of
Ilerwick-upon-Tweed Pier to
.consider whether any or what
compensation was due to General Tyrwhitt in respect to damages
sustained by Isis fisheries its consequence of their carrying into effect
the provisions of the 48th Geo. M., for building that pier, and •
improving the navigation of the river' Tweed.
General Tyrwhitt, it appeared, was the owner of several mounds
or fisheries in the river Tweed, described by different 118111eN, and
termed " vats," and which he complained in the progress of the
works under the act were injured thereby.
Mr. TINDAL put in an affidavit, stating that three of the
vats had been.indieted as nuisances to the navigation of the
river, and removed by the sheriff. Another complaint was,
that one of the piers,had been erected on the' soil of the Gene-
rare. fisheries. The affidavit denied that fact, and stated that
on the contrary it had been erected upon the old pier called
Queen Unbolt's Pier; it was also stilted that the General
had not given sufficient notice to the Gommilaioners, the act
requiring notice to be given within six months after any injury
had been received. •

Mr. PARR!, in support of the rule, contended that they had
given the Cernmissioners notice in due time; but in .consequence
of an error in the terme of the stiaudamus obtained in the first
instance, they were compelled to commence de novo. They . only
asked the Commissioners to consi&h what compeneation General
Tyrwltitt was entitled to for the injury done to his property, and
if it was found that damage to the amount of one shilling bad
been sustained, the General would be entitled under the act to
call on the sheriff to issue a writ and summon a jury to assess the
real damage. •
The Loan Clime Juirrzcs.—What do you say to the removal
of the three vats by the sheriff as a nuisance?
Mr. PARK E.—We think the Co' mmissioners may take into their
consideration whether any damage has beta sustained by such re-
moval. _ _

The Loan Cuter Jusvica.—No, not for the removal of the
naisance. For the other party of your s,ouq►laint we think we
trtalie the rule absolute.—Rule absolute accordingly.

INSOLVENT PEBTOItS' COVET, JUNE 5.
Joseph Hector Norris was brought up to be heard on his pe--
tithe* to he discharged.
No creditor appeared to oppose hie application for relief, but the
insolvent being considerably in debt WOO subjected to a rigid exa-
mination by the Court. The insolvent stated, that he formerly
held the situation of door-keeper at the StaniP-olliee, in Somer-
set-house. During the time the debts in his schedule were con-
tracting, he gave several accommodation acceptances to bills of
exchange, and in the end his frieuda whom he thus savoured suf-
fered the bills to he dishonoured, and the responsibility then rested
entirely upon himself. it WA* to this circumstance that he prin-
cipally attributed his insolvency and consequent application to that
Court. •
Mr. COMMIB3IOIIer HARRIg ol,eerveti, that it was extremely
honest, as well as injudicious, in perious, whatever were their
station in life, to ley themselves under Ihthilltiel when they well
knew their .incapability to fulfil their engagement*. The Learned
Commissioner wished to know whether the insolvent still retaiiied
the situation at the Stamp-office?
Tlt insolvent replied, that lie had been diseharged, and had thi
letter of dismissal in his possessiou.
Commisiiioner Hamm—Then produce it, Sir.
The insolvent then put it in, and the Learned Commissioner
read to the tidlowing
fg The commia,ionera of his Majesty's Stamp.office hereby in
form you, thiit they cannot any longer reu imi n their employment
persons whose necessities render them liable to imprisoomeqt for
debt, on account of the 'great hindrance to public business "use,
quent thereon.' Yoh may receive snow aalary up to the present
day, and then consider
yourself discharged tibt„
your former
-situation;." -•
The Learned Commissioner sahl, that he felt glad to observe
that his Majesty's C 44 umnissioners had collie to the determination
of adopting this mode of procedure, and he theught that if pub..'
'
betty were given to the circumstanee, it *Mild he productive of a
beneficial result—namely, it might act as a-caution against- ini-
providewe, and also against fraudulent and unnecessary
contracts.
After remarking on the improprkty of the insolvent's conduct,
in causing paper to be-put into circulation to the prejudice of
third parsons, he ordered the prisoner to be discharged, as mope of
the holder* cOmplained against him,

ll*