The Sun.
London, England, 1845-02-07 00:00:00

THIS DAY'S NEWS.

EXCHEQUVIA.--(THIS DAY.)
A—NET-GENERAL V. GEORGE SMITH.
tXTRAORDINARY TERMINATION.
Baron Alderson, Baron Rolfe, and Baron
seats on the Bench until after a quarter-
n
pf
al
Tits
ttiT,t A.do
Chief
rtTakßeAi 48. r
their seats
not
The Solicitor-General and Sir Thomas Wilde had come into Court
a few minutes before, from the direction of the judges' private room.
The defendant, with his counsel, Mr. Kelly, Mr. Martin, and Mr.
Watson, had been in Court sonic time previously. The adjourned
trial at bar having been called on, the officer of the Court was pro-
ceeding to call over the names of the special jury, when
The SOLICITOR-GENERAL addressed the Bench. My Lords,—Be-
fore your Lordships proceed with the further hearing of this rule I
beg leave to call your attention to a circumstance which has occurred
In reference to the terms in which the rule ordered by your Lordships
for try-111,g this• case at bar, which I fear will
prevent
on at present, or for this day at least, with these proceedings. The
days on which a trial at bar may be had are reqti ired us from go
ing
on
by
law
to be be
within the term. But In the Act the 11th George IV. and Ist Wil-
liamlLs, 'cas"be sec. 8, it is enacted, " That when the alteration of
the terms, fore mentioned, shall take effect, not mote than
twenty-four days," Src., " shall be appropriated to sittings in London
and Westminster," Sce., " provided that if any trial at bar shall be
it shall be competent to the Judge
or days for such trial as he shall
led, if in vacation, shall for the
deemed and taken to be part of
directediptnbuirptukc fit;ono
ifaiir
tit isyttu-
otcboiaifep thep;:,tiribt saetallsdzbehaappointed,
Courts,d
peayie
the preceding term ; provided, also, that the day or days
shall be specially appointed at any time not being within such twenty-
four days of any case at nisi prius, without the consent of the parties
thereto, their conn.sel, or attorneys." Your Lordships will remember
that when I mentioned to the Court the intention of the Crown to
have this trial at bar, I stated my belief that it would occupy at least
three days. Your Lordships then appointed Thursday, the 6th of
February, for the trial, and you postponed another case for the pur-
pose of taking this. The rule was drawn up in the Remembrancer's
office. It was drawn up by a clerk who was in the habit of devoting
himself to the business of the Excise, and it was examined by the
Remembrances :It was drawn up in these terms—that " the trial
should go on from day to day until the first day of next term, if ne-
cessary ;" for on looking over the precedents in these cases, those
officers thought, that only one day was to be appointed, and that it
would then be for the Court to adjourn from day to day if it thought
fit. Neither the counsel in the case, nor the solicitors, saw this rule,
or were aware of the manner in which it was drawn up.
The CHIEF BARON—I suppose, Mr. Solicitor, the rule was drawn
according to the form, which was the correct one before the Act
which you have quoted.
The Soucrroa-Gerniaar.—Exactly so, my Lord ; but we were not
aware of that until our attention was drawn to it by your Lordships
after tho rising of the Court.
Mr. Baron ALDERSON—And the fact now is, that we have no juris-
diction in the case ?
The SoLicrroa-GENERAL—I regret to say, my Lords, that I think
that is the fact. Your jurisdiction ceased on Thursday.
The CHIEF BARON—Until term. Thursday was in term for the
purposes of this trial. We are now out of term.
The SOLICITOR-GENERAL—Yes, my Lord ; I believe that your
Lordships' authority Is exhausted ; and upon all accounts I regret the
Inconvenience of the delay, which we would all endeavour, if pos-
sible, to remedy.
Mr. Baron ALDERSON—Mr. Solicitor, notwithstanding that, the
case goes over to the first day of next term.
The SOLICITOR-GENERAL—AII parties aro most anxious to go on
with the case without delay, and we are willing to consent to any
arrangement which would enable your Lordships to proceed.
The CHIEF BARON—No consent can give jurisdiction.
Mr. Baron AinEasox—lf the Court were to proceed upon your
consent, no person who might give false evidence upon the trial could
be prosecuted.
The SoLiciTok-GENEBAL—As far as the consent of the Crown and
the defendant can enable the Court to act, we arc all anxious to go

on, if possible.
The LORD CHIEF BARD!—In all matters where the Court has
jurisdiction consent may vary the practice. But consent cannot
confer jurisdiction where it is not. If the partied in a cause consent
to be tried in a wrong county—if they consent to waive an infor-
mality-1f they consent to the admission of evidence—or if they con-
sent to take a verdict with a jury of less than twelve, the Court may
go on;; but here we are sitting now without any jurisdiction whatever.
The SOLICITOR-OENERAL—UnfOrtUllatCly, my Lords, the Court
has no power to proceed, and we have now no remedy. The case
must stand over.

3lr. KELLY—But, my Lords, before you leave the bench, may I be
permitted to say one word upon this matter. When this most un-
fortunate occurrence was communicated to me, I was most anxious
to consent to anything which would prevent delay. Counsel for the
Crown were most anxious to concur with me. But now your Lord-

ships have just said that you have no power to assist us—that you
have no jurisdiction—that, in fact, you are not now sitting here as
judges. Your authority is suspended till the next term ; and, my
Lords, we (the defendant) are now, through the error of the Crown—
The Sor.tciroa•GENEs.AL—Xo, certainly not; the Crown had no
part in the error.
Mr. KELLY—My Learned Friend says " No ;" but I hold that it is
so. I think that when the Crown applied to this Court for a rule, it
was the duty of the Counsel for the Crown to see that the rule was
properly drawn up.
The CHIEF BARON—But, Mr. Kelly, it is necessary for us to look
to the manner in which this occurred. As I understand the case,
this is the first time a trial at bar has been ruled since the passing of
the Act referred to by the Solicitor-General.
Mr. Baron ALDERsOm—There has been one other case.
The Sor.tcrrolt-GtKEILIL—Which occupied only one day.

The Cntzr BARON—The Queen's Itemembrancer reminds me of
what amounts to the same thing as if this were literally the first case.
The businesi of the Crown is not transacted in the same office as
business between subject and subject ; and this is the first time an ap-
plication has been made for a trial at bar, in which the Crown was
concerned, and in which a rule was to be drawn up in the Crown de-
partment of the Remembrancer's office. The officer, not knowing
that there had been any alteration in the form, naturally referred to
the precedents in the office, and he drew up the rule according to the
previously established forms. It was, before the Act, the regular
form to name the day on which the trial was to take place, the Court
having the power to adjourn from day to day. The officer was per-
fectly correct according to the old practice ; but the rule, as drawn
up, does not allow us to go further to-day.
Tho SOLICITOR-GENERAL—With respect to what has fallen from
your Lordship, I wish to say
that, in the first place, the Crown had
the right to say that the trial at bar shoeld take place. There was no
brief in Ole case ; but as soon as the rule was obtained notice was
served upon the other side, and they had power to see how the rule
was drawn up.

Mr. MARTlN—lndeed ! Sea that your rule was drawn rightly for
you! _ _

Mr. KELLY—I do not wi•h to throw blame upon any counsel or
any °Meer, whatever may be my opinion. But this I will say, that
tkis unfortnnate, most unfortunate, error has occurred without any
participation on the part of this side. However, my Lords, the delay
which ensues—
_ _ _

The Cuitv BARIIIC—Mr. Kelly. I have no doubt that the clerk—
Mr. KELIA—My Lords, I have said that I will blame no one. I
will not say who is to blame, or who is not ; but I will say this,
without fear of contradiction, that whether the error was the act of
the officer or of the Crown, it was in invitum as against the defen-
dant, who had no participation in it ; therefore, whoever is to blame,
no blame lies on him. But, my Lords, the consequences of this delay
of three or four months—perhaps of four or five months—trill be to
him --

Mr. Baron ALDERSON—We have no jurisdiction, and I shall not
sit here. I shall go.
The Learned Judges all rose, and Mr. Baron Alderson left the bench.
Mr. Kau.v—My Lords, I appeal to the Beach—l appeal to the
Crown.
The Cum Bailor; (who seemed for some time exceedingly impa-
tient and displeased) said—Wait a moment, Mr. Kelly. Officer, pro-
claim the court of nisi prius. Now, Mr. Kelly, I will hear what you
have to say, if it be flt to be heard.
Mr. KELLY—What I wished to ask your Lordships was, to allow
me to say a few words as to what has been stated by my Learned
Friend the Solicitor-General. I appeal. to the Crown to take into
view the fatal consequences of this dblay to the defendant.
The Somcirna-GENzitai,--My Lords, I protest against my Friend
making a speech.
Mr. KELLy—I am astonished at the interruption of the Solicitor-
General.si r Is
Sii _s becoming of the Crown? I appeal
My Learned Friend haa no right to speak. The
Court has no power to hear him.
The CHIEF BeloN—l will listen to no address. Wo have no
jurisdiction.
Mr. KELLY—It would be no waste of time to hear—
CHlEFloudly
BARON (very and emphatically)—Mr. Kelly, Mr.
W
Kelly, if you think it no waste of time, I think it is a waste of time
of this Court, and I will not hear it. This is now a Court of nisi
prius—(to Mr. Kelly, who again
agan attempted to speak)--Sir, I Will
hear no more.
Mr. Kelly
sat down, evidently much chagrined.
The CHIEF BARON, after a short pause, addressed to the Jury, in a
low tone,
a few words, which we understood to be an expression of
regret at what had occurred, and an instruction to be in attendance
on the first day of next term.
The Court then proceeded to the trial of common jury cases.

S.---(THIS DAY.)
qtr. Secondary
the use of the defendant on a pro-
missory note. Some time ago, Evans requiring money to meet some
POTTER.)
LEWIS V. EvAss.
This was an action brought by Hugh Lewis to recover from Richard
applied to Mrs. Price for accommodation, but she re-
EvaSnsElooC/. ,0
1,
ali: D
(Before
to
3AirRi.E
s.
Pricefused unless some responsible party joined with him in a promissory
note. Lewis
engagements,
was applied to, and he agreed to join his name with
the defendant in the security, with the distinct understanding that the
latter should take np the note when it became due. The bill was
afterwards dishonoured, and the plaintiff was called on to pay the
full amount, which he had done, in addition to several months' inte-
r. st that was due. The payment was made about a month ago, and
he now sought to recover the sum from the defendant. As there
was a legal difficulty in awarding the interest in conjunction with
the principal, Inasmuch
as this was paid by Lewis without its form-
ing a part of the original understanding, or being set forth in the
note, a verdict was returned for 100/., the full amount of the bill.
ARTHUR v. DARTCII.

This was a case in which Robert Arthur sought to recover from
Benjamin Dartch 61. 10s., for rent due for premises occupied by de-
fendant ih Weigh House-yard, Up to September last. Though some
objection was offered to the legality of the debt, it was clearly esta-
blished, by an admission contained in a letter sent by defendant to
the plaintiff, and a verdict returned for the full amount.
MACKAY V. WHITE.

Thomas C. Mackay, whosesale grindery warehoweman, brought
an action against Thomas White, to recover a sum of 11/. 3s. 6d , for
goods delivered at various periods. 31r. White had pleaded non-
liability, but he did not appear in Court, and evidence being called to
prove the delivery of the goods, accompanied with invoices in each
delivery, a verdict was immediately given for 111. 3s.
There was only another case in which the defendant was said to live
at Darlington, at Yorkshire, and only came to London once a year.
It was dismissed as being beyond the jurisdiction of the Court.

SPORTING INTELLIGENCE.
(RECEIVED THIS DAY.)
HEREFORD GRAND ANNUAL STEEPLE CHASE.
THURSDAY.
Handicap of 25 soya. each, with 100 added, the second to
receive 301., and the third 151. 4 miles.
Mr. W. Jenkins' Lycurgus
Mr. T. Oliver's Vanguard
Mr. Carter nd Preissnitz
Mr. W. Ekins's Peter Simple
The following also started Robin Adair, Discount,
Mameluke, Jewell, Paddy, Quarter-master, Babylon, Hes-
lington, and Sarnesfield.—Nearly a dead heat between
Lycurgus and Vanguard.

Her Majesty and Prince Albert, accompanied by the
Prince of. Wales, and attended by the Court, left town
for the Pavilion at Brighton, at three o'clock this after-
nron. The royal party travelled by the Brighton Rail-
way, a special train having been ordered.

RAILWAY
we ldisesthtrie;tBthiem
without
those of 't'll MANIA.—Such is the rage for railways,
laniodessothunabated the eagerness for shares in the locally supported new
whioli at we observe the shares of one of them, the prospectuses of
were only issued last week, arc to be allotted next Thursday,
or not, the s
mraelirwelayyp,
copy of the prospectus appearing in any other journals than
not know
coals. Are-th-es—es
chestor Jun t* " "Goole,
°
pediately;coonossnetcotre,dasZtlss
Sheffield,
ellidn,ea.ndWmesdno.
Junction," son, stands alone in such circumstances, but whether
there are whispers Peculation mania continues to be manifest. It is true
os edr
is toL otrhde
Iltzw monopolyiuiami in
misers in the City that the chief leaders of a very power-
" ',KAY, opposed to the monopoly in corn, are among the applicants
for shares in this
great coal field to be brought to bear upon the latter monopoly, as
his name and influence have been brought to bear upon the former ?
'Yeus rerron4.—From a Correspondent.
PROPERTY
TA X.—A person possessing 4,000/. in
riasvabeteisnpgenicu°slattiootirs,
any of the public Funds, is exempt from the above tax, because his
income from the interest on this sum is under 153/. per annum.—
i-r scomE ax.—A poor clerk, with a wife and family to support out
of 3/. I.er week, without a farthing beside, pays towards this unfair
tax 1/. 191,
Tl' 2 INCOME-TAX.—PLYMOUTH, THURSDAY.—
The announcement in the Queen's Speech of an intention to continue
the income-tax seems likely to be generally resisted throughout the
country. A meeting of the Plymouth Town-Council was held yester-
day at the Guildhall, a few hours after the receipt of the Queen's
Speech, and before proceeding with the regular business of the day,
Nicholas Lockycr, Esq., the late Mayor, rose and, addressing the
Council, said he regretted very much to see that it was the intention
of the Ministry to apply to Parliament to continue the income-tax.
He therefore suggested that petitions should be sent up from a special
meeting of the Council to the House of Commons against that ob-
noxious measure and that a town petition should also be sent. The
Learned Gentleman concluded by moving that a special meeting of
the Council should be held on an early day to consider the subject.
J. L. Colley, Esq., in seconding the motion, remarked that he should
reserve the observations which he had to snake on the tax to the day
of the meeting. The proposition met with tin cordial asseht of every
councillor present, and the Mayor, F. E. Lyne, Esq., said that ho
would fix the meeting for next Wednesday ; but a town meeting must
emanate from the burgesses and could only be ledcald on a requisitiothatn.
The feeling against this tax is very strong here; nd we hope
other towns will follow up this movement.
THZ HUNGERFORD SUSPENSION-BEIDGL—At the
Auction Mart, yesterday, five 25/. shares in the llungerford and Lam-
beth Suspension Bridge Company sold for 26/. 10s. per share. The
auctioneer (Mr. Marsh) stated that the bridge would be opened next
month, and it was understood that the Directors, for the first mouth,
Mtgaged t• alktyr the public to Pass rrtr the bridge tau COO.