The Sun.
London, England, 1826-01-24 00:00:00

LAW INTELLIGENCE.

COURT OF KING'S BENCH-(TunDo;)
JUDGMENT.-TUK KING D. DUDMAN.

n this case Mr. GURNEY last term prayed

the judgment of the Court on the above defend.,
ant, who was couvicted at the Sussex Assize&
of wilful and corrupt perjury. The perjury was
assigned 9n an affidavit made tosupport a petition
of the defendant, respecting a commission of
bankruptcy awarded against him. . _

After the indictment hod been then read, and the documents
to which it referred, the Court evressed doubts whether there
were not objections to both the counts. As to the first,- they
doubted whether the allegations that the affidavit was material
is the said bankruptcy" was sufficient to found the authority.
of the Master Extraordinary, before whom it was sworn ; and
as to the second, whether there was not a variance be.
tween the petition, as set out and proved, which *hexed
the import of assignments of perjury. The defendant,
having no Counsel at that time, the Court reelipsted Adel..
phus, who was present at the trial, to allow himself to he as.
signed as Counsel for him, to argue the points. TWa was sub-
sequently done by the. Les ited Gentleman for the defendant,
and by Mr. Law on behalf of the prosecution.
The Co u RT, after hearing both the Learned Counsel, highly
complimented them on the ability and research displayed in
their arguments, held the second count good, as the word
" commission' was often used to imply the parties named in
a commission, and as in this case the sense was obvious.
With respect to the first oount, they were not called on 'A
decide, but hoped it would not be considered as a precedent
which pleaders might safely follow.
The judgment on the defendant was then postponed till this
day. The defbndant now appet,ued on the floor of the Court to rik
ceive sentence.
Mr. Justice BAYLEY addressed him at some length, and,
after an appropriate !admonition, sentenced him to be', hrk.
prisoned in the Gaol at Lewes for one year, and there kept t
hard labour,"

INSOLVENT DEBTORS' COURT,
This morning the COMMiSsIONERII discharged
a number of insolvents, whose application for
relief was not:opposed by, any of their creditors.
Rebecca HOksman, a very y-bung woman, of
genteel appearance, was heard on her petition to
be dischurded. It appeared that the petitioner
attributed her insolvency to her having lent a
gentleman, named Birchley, at one time her
confidante, a considerable sum of money, which
he defrauded her of,—The Court, after making
some general inquiries relative to her estate and
effects, ordered the discharge to issue forthwith,
upon Wing an affidavit.
In the Matter qt.W if. a'rEa, the Warden of the Fleet.
Yesterday this tnsoleent came tip to be heard, he having
been before the Court so far back as the 9th of December,
when, on the motion of Mr. PaLt.oct, a rule of Court was ob.,
tained nude; the 13,th section of the bth Gee., IV. to remove the
insolvent to Bristol to be heard there Wire the Commissioners,
on the Circuit, which rule the Warden of the Fleet disobeyed,
and an attachment against him was applied for and granted for
a contempt of Court. On a subsequent day the Warden 'hewed
cause propria personce, and the rule against him was discharged
and another rule issued for the insolvent to be brought up for
hearing beibre the Court, instead of being removed into the
country.
Mr. Poi.Locx this day objected that the insolvent should be
heard, as he had not served his clients with a cup y of the rule.
The Curer COMMISMON ER said, that Mr. Pollock was not
taken unawares, otherwise he would not have appeared in the
case ; the Court wished to know whether he (Mr. P.) was
ready to enter upon his ottposition.
The Learned Gentleman replied in the negative, and said
he was going as the Court knew, to move for a snaetionsa
in the Court of King's Bench, against the Learned Commis-
sooners, for them to shew cause touching this matter, in order
that the point might be solemnly argued and determined. lie
therefore thought the insolvent's hearing ought to be further
postponed.
Mr. HEATH for the insolvent objected strongly to a further
adjournment; what had his client to do with the mandamus ?
his liberty had been restrained for 6 weeks pending the dittoing,—
sion of this matter, and he (Mr. Heath) thought that he ought
to he heard on bis petition instanter.
The Con a.r said, tlmt the insolvent was' entitled to be beard
as much as any other per Ali who came before it, and if a fur,
titer postponement took place, it would beta accommodate the
other side ; but if they persisted in the application, and it was
acceded to it would be on the condition that they paid the costs
of the day.
After a further discussion this was agreed to, and the insol-
vent- wilt be brought up again en the tit of Fehinary.
(We andeentl that when Mr. Pollock applied-fur the man.
damui yesterday, the Judges were of opinion that the Commis,
sionershave ample power vested in them to enforce their rules,
end that they woo idiom been justified in committing the Wa-
rden of the f leet fur a eontempt ; therefore the application was
refused. But this opinion is at variance with that of some of
the Commissioners, who appear to think the clause of the Act
ambiguous. The Warden's objections to a removal appear CZ.
Ceetiillgiy feasible : he says %i supposing A., B.,antiC.have actions
severally against It, who Is cramnitted to my custody upon the
several processes, and one of them should apply to this Court,
and obtain a role for a removal, how can I part with my psi-
sorter, in reference to the two other actions, unless I have a gun,
ran tee against a demand for an escape it Or, supposing (says he)
a creditor in the schedule should make at similar application who
has no action against the insolvent, how can I part with the
prisoner and send him to an inferior prison ?".—This reasoning
appears extremely forcible ; and were we to point out a simple
remedy, it would he to amend the clause by giving pewee
to the I omniissioners in eases of removal to compel the detain.;
ing creditors to give a written tvmsent to the Warden,which
we should think would exonerate,him from all respensibility.l