The Sun.
London, England, 1826-01-28 00:00:00

31r. BROUGHAM, of course, took nothing by his 'notion.

COURT OF COM.MON PLEA,S,-JAn. 27.
WRIT OF amire.—TOOTII V.
This was a proceeding by writ of right; to try the claim of
deinandant to certain premises in Whitecross.street, Middle-
sex, now in the possession of •Baxwell. Althought the pro..
perty is small, the question of right to it involves the title to
possessions of considerable extent. The novelty of the pro.
ceediny,s attracted a full Court. It may be necessary to state,
that when a person omits to claim his fee simple property for
more than 20 years, he is debarred from-the usual proceedings
by ejectment and other ordinary courses ; his only alternative
is a writ-of right. By Act of Parliament he is allowed, in
certain cases, 30 years to bring this writ, but in' some cases,
such, we believe, as the present, he is allowed 60 years. The
trial takes place at bar, before the four Judges of the Court of
CoMmons Pleas, and a Grand Assize,--consisting of four
Knights and a certain number of Esquires, chosen after a par-
ticular form.—After the officer of the Court had called the
cause, the Jury were called over, and some excused through
illness. Among those who were absent on the ground of • ill.:
ness, was one of the tour Knights, Sir George Alderson, for
whom a physician attended, and swore that Sir George was
unable to appear, in consequence of, an indisposition which
made it uncertain when or whether he could ever attend. The
.Sheriff also made a similar return.

Air. Sergeant BOMAN Q,IJET now moved the Court that the
process which had been issued should be taken off the roll, and
a new renirc issued,, with an, entry of contingencies, to summon
four Knights to choose a Grand Assize, or that the demantlant
should enter a suggestion, stating the inability of Sir George
Alderson to attend, in consequence of illness and bodily in.
firmity, and that the said Sir George Alderson should be dis-
charged from attendance, and that a venire be issued to sum.
mons another Knight to attend, and also that a distringui
should issue to compel the other Knights and Jury to attend.
The Learned Sergean ton behalf of demandant, contended that
the Court had a right to'porsue either course, and that the
equity of the case required such alternative as would give
justice in this important question. Ills client was anxious to
go at once to -the merits of the case, and he hoped the Court
would not allow uny technicalities to prevent or delay the final
decision.

Mr. Serjeant VAUGHAN, for the tenant, would avail him-
self, of any legal objection to impede the course of the vexa-
tious proceedings. Was it to be tolerated that those who had
almost slept " the sleep of death" over the quiet occupation of
this property by his client, should now be allowed to disturb
that possession by this most novel proceeding ? Ile therefore
would not wave any part of the -established form. Ile con-
tended that the attendance of the four Knights was essential,
and that the Court could not sutrer the trial to proceed without
them. It was not shown to the Court that Sir Ueo. Alderson
could never attend ; he hoped his health would enable him to
do so, and that he (the Learned Serjeant) might have the op-
portunity of seeing Sir Ucarge and the other gallant Knights
and Esquires in good health assembled here on a future occa-
sion. It never was the policy of this Court to give any facility
to disturb a long and peaceable possession, and there was -no
ground for a departure from this practice upon the present
occasion. • No precedent had been shown to warrant such de-
parture, and he conceived it imperative on-the Court to adhere
to established forms.

The Co ti RT. expressed a hope that, this antiquated proceed.
ing by writ of right should undergo a legislative revision ; it
mot MIL suited to the legal practices of the present day. Ihe •
Court would nut adopt tne first proposition of the Learned Ser.
geant (Bothinquet), and although there Were no precedents to
direct their decision on this occasion, they would be governed
by the rule of common sense, which was the best principle: of
law. They would adopt the second suggestion, and direct the
Sheriff to strike the name of Sir George Alderson off the roll,
and to place that of another Knight. .upon. it, arid then the four
Knights shall attend with the present Jury to form a Grand
Assize. • This course would prevent unnecessary delay, and
meet the justice of the case, which was their great object.
Cite trial was then fixed for 17th April next, and the Court
ordered the present Jury •to be in attendance ; adding, that it
would be necessary for such of the gentlemen as wisned to be
excused from appearance to renew the application to that effect
made this day. The Court regretted giving them so much
trouble, but it was out of their power to dispense with it.
Sir Richard Birnie, the Foreman, addressed their lordships,
complaining of thc,delity, which occasioned three days' attend-
ance of the Jury, and hoped the business would be concluded
on the 17th April.

•
The Lon»• WIMP Jus•rtcx would give every facility to
get rid of this question on the day fixed.

CONSISTORY COURT, JAN. 27.
WEST MEATH, V. IVEIVI.I4IIAII4.—The particulars of this
,have been frequently detailed at length in The Sun. it is a
suit instituted by the-Marquis of Westmeath, for restitution of
conjugal rights, which-is resisted by the Marchioness, on the
ground of alleged adultery committed by the Marquis, .with a
woman named Mary Brennan, and others. In addition to this,
the Marchioness has pleaded repeated 'acts of cruelty and vio.
lence. Tile case came on this day to be argued.
Dr. 14:3nINGTOif addressed-the Court at considerable
length, in support of the,defence of the .'Marchioness, and bay.
ing detailed Ole important pats of the evidence, aubmitted that
With respect to the adultery the evidence was conclusive, and
that the cruelty had been proved by the' admissions of the
Marquis himself to Air. Woodi and in his letters to the Alm.
chioneas, which had been read in Court. In these letters .the
Marquis prayed forgiieneSS for the acts he had committed, and,
in fact, admitted thevuth of the allegations. It was the•duti
of the Court to protect parties against the repetition of similar
cruelties. Ile did riot deny that there had been instances of
kind treatment on the part of the Marquis, but the gene-
ral tenour of his conduct rendered it impossible fur the
Marchioness to. live with hint. lie tdiould abstain front any
comment on the conduct of certain Noble parties who bud
first supported the Marquis in depriving tier Ladyship of
the care of her own child, and
a wttot to sa
tilltidtianletentitpuaer,t dine
the subsequent proceedings, reserving,
righi tomake such'remarics, in ease any thing should be intro.
tinged on the other aide to render them necessary., 1,1,011 the
whole view of the case, I* contended, that her Ladynaip was
fully and justly entitled to the relief she sought, namely, a
divorce front her husband.

Dr. J. di pitrds followed on the same aide.—The remainder
of.the argument was pomponed to a future day.

TIIE SERPENTINE 1t1VER...7411P Severe frost,
on -Thursday night, produced another revolution
ott the Serpentine River, whith exhibited yester-
day one solid body of ice, from one P.kid to the
other ; and, considering the multiplicity of
changes the ice has undergone in the course of
the last eight days, it was tolerably clear and
good. About one o'clock, the extraordinary
brilliancy Wi:h which the sun burst through the
etramorningjvaiscaodfrentoilsortt,,t:e
(it; turaailics:atitg;dea:t Lytlewo
o'clocklr it. want'u :1217)::
graced the ring. There
were, however, but few persons on the ice ; and
among the skaters none but gentlemen. Of
course, among these, figure movements were the
only flights attempted, and to the awkward, in
such evolutions, the risk was proportionable.

In consideration of the lute pecuniary calamity
here, Government have most handsomely caused
all pensioners and half-pay off►cers to be supplied
unusually early with the pay tickets to Christ-
mas; and instead of supplying the latter with bills
of Exchange, the orders wtrrt. peremptory on the
Treasury Department of our Dock-yard.—( Pty
mouth Journal.)