The Sun.
London, England, 1844-11-21 00:00:00

Mr. Peacock to show me whether I had the power, and
he immediately cited the Habeas Corpus Act, which
seemed on the face of it to be direct and positive, and
nothing more was said. I think it would have been bet-
ter if he had given me more information on the subject;
but it might be also fairly said that I ought to have that
information myself, and therefore it was a pity that the
writ was issued without more consideration. With re-
gard to the bail, I do nut think it becomes me to direct
anything on that subject, as it would be ratber begging
the question, and perhaps carrying our authority further
than the sending of the writ. I have no doubt that the
Court there will do what is right.
'the rule was granted, and the time enlarged fur
making a return to the writ.

and to such an extent as to constitute him a trader. The
question had been twice before juries, in actions at 11/14
prius, and in both cases the validity of the fiat had been
affirmed. The evidence on the trial was given by an
immense number of jockies, horse dealers, &c. On the
point as to whether the trading was established by that
evidence or not, his Honour would not give an oi4nion ;
but he thought it would require a very strong case indeed
to induce the Court to annul a fiat affirmed by two juries
before whom the questions at issue must have: been
directly brought. He should, therefore, refuse the peti-
tion.

The remaining argumentw,which occupied the greater
part of the morning, wero directed only to the question
of costs, with respect to which his Honour reserved his
decision.

COMMON PLEAS.-(THIS DAY.)

SHERIFFS' COURT.-(THIS DAY.)

THE REGISTRATIONS.

The Court this morning resumed the hearing of
appeals from the decisions of the revising barristers,
umler the Act of the 6th Victoria.

RICHARDS V. POILE.

This was an action for the recovery of the sum
11/. 11s. 6d. due for lodging and boarding the son of de-
fendant.

BAXTER V. THE OVERSEERS OF DONCASTER.

This was an appeal against the decision of the revising
barristers for the West Riding of Yorkshire, who had
refused to expunge from the list of voters certain
assessors and collectors of assessed taxes, appointed by
the Commissioners of the Land•tax.

William Wamford deposed that he was a grocer and
cheesemonger, near Peckham. Plaintiff is also a grocer.
residing at Peckham. He, witness, knew;the defendant's
son Thomas for some time, and remembers that he had
been at Mr. Richard's for about four months, during last
summer, it being intended to apprentice him to plaintiff.
Plaintiff frequently requested defendant to complete the
transaction, but several objections were raised, and delays
made, and when the defendant decided on apprenticing
his son, it was found that the lad would not consent to be
bound. Upon his making this refusal, plaintiff said that
if he would not be bound, he had better leave the place.
as he was running up expenses all the time he remained
there.

Mr. [tildyard appeared for the appellants, and Sir
Gregory Lewin for the respondents.
The case was considered important, as it involved the
votes of two persons in every parish in the kingdom.
The question depends upon this, whether the 43d of
Geo. llh is to be taken as repealing the 22d of the same
reign, which excluded from the franchise all salaried
public officers and servants ; and whether the claimants
came under the category cf those public servants who are
still excluded by the 43d Geo. 111. from voting at the
( lection of Members to serve in Parliament.
The LORD CHIEF JUSTICE said that those officers
were not appointed by the Crown. They were com-
pelled, whether they liked it or not, to take upon them-
selves a troublesome and responsible office. There was
another case set down for argument, in which a similar
point was involved ; their Lordships, therefore, would
hear that second case in its due course, and until then
postpone the decision of the present case.

George Richards (a lad about 16 years of age), the
brother of the plaintiff, corroborated the previous en'
deuce, and stated that in a conversation, at which he was
present, plaintiff said that if the lad was not apprenticed
he (defendant) would have expenses to pay, to which
defendant answered that he knew that, but that he would
apprentice his son.
The third witness was John Harrison, who proved
the drawing out of an indenture, for which one guinea
was in the biil, upon which the action was founded.
Mr. CHANNOCK, on the part of the defendant, said
that he thought defendant was entitled to a nonsuit, be-
cause during the time that the lad was at the plaintiff's
house, he served in his shop, and he (Mr. Charnock)
considered that that was quite sufficient remuneration
for his board and lodging. If an action had been brought
by defendant for the wages of the lad during that time,
no doubt Mr. Richards would have said that the board
and lodging was a remuneration for the work; and, in-
doted, it was always understood, unless an agreement was
made to the contrary effect, that, when a lad was taken
upon trial, his work was payment for his board and
lodging.
The jury found for the defendant ; but gave 11. for
the drawing up of the indentures.

BAXTER V. NEWMAN.

This also was au appeal from the decision of the re-
vising barrister of the West Riding of Yorkshire. The
argument, having been partly heard, was postponed, in
consequence of the illness of Mr. Martin.

DAVIS V. WADDINGTON.

The appellants in this case are the brethren of Jesus
Hospital, Rothwell (Northamptonshire, N. D.), who
claimed to vote upon the qualification of their life in-
terest in the property of that charitable foundation. The
revising barrister disallowed the claim.

Mr. MANSELL, in support of the appeal, cited nume-
rous cases to show that the brethren have a share in the
proceeds of the freehold estate, so long as they observed
the rules and orders of the hospital. That was an in-
terest " quando se bene gesserint," and therefore, accord-
ing to all the cases referred to, was to be held as a life
interest in the freehold.

BANKRUPTCY.-(THIS DAY.)
(Before Mr. Commissioner flout°Yn.)
IN RE J. M. COOKE.

Mr. Sergeant BYLES, for the respondent, said that the
brethren had not a life interest, for, according to the
charter, the governors had not only the appointment of
the " master and twenty-four poor and infirm men,"
but also the expulsion or removal of them, the master
and brethren, " when and as often as" to them, the go-
vernors, or the majority of them, might seem fit. The
charter laid down certain rules, for breach of which the
master or any of the brethren should be expelled ; for
instance, if he married, or was an " idler." But the
governors were not limited by that specific law, for they
had unlimited power to make bye-laws and regulations,
and to expel for any reasonable cause. In fact, the free.
hold was vested in the governors alone, and the brethren
had no property. But ho felt so strong on the other
part of the case, that he would not argue this latter point
at present, especially as it would arise in the next
-eal.

The insolvent, whose case, it will be remembered,
excited a considerable degree of interest, in consequence
of his having been involved in gaming and bill transae"
tions to a large amount, this day applied by Counsel for
his tinal order, under the 28th section of the 7th and Bth
of Victoria. Although the debts of a doubtful character
exhibited against him amounted to several thousands,
yet the bona fide claims were somewhat under 900 L
Mr. BAGLEY, who appeared for some of the creditors,
said that if the fraudulent debts were expunged there
could be no question that the insolvent's estate and his
own personal efforts would soon satisfy the claims which
were really just, and the gentlemen he represented would
therefore offer no opposition to the insolvent's apph
cation.

The final order was then granted.
Lord Huntingtower was in Court in expectation of
being examined in the case, but his Lordship was not
called on to give evidence.

ai~
The ',IID CHIEF-JUSTICE said that the Court was of
xnersons whose names were attempted
opinion that tnt:
to be put upon the rt,;,7 stry had no freehold interest in
the estate. The charter
ga,.1.1 to the governors in the
most unlimited manner the powei of expelling them.
The decision of the barrister is confirmet.

MARLBOROUGH-STREET.
(THIS DAY )
William Roberts, a decent looking and very aged man
with grey hairs, was charged with drunken and dis-
orderly conduct. Police-constable, Thomas Webb, No-
lg() of the C division, said he found the prisoner at the
door of a public-house in Regent-street, creating a great
disturbance and making use of extremely violent
language.
Mr. HARDWICK--AR old man like you ought to he-
have himself better.
Prisoner—l was grossly insulted by a stripling and I
could not bear it, for I have a daughter 43 and a son 42
years of age. I have been a stage coachman for 60 years
and never had an accident in my life, although J
driven some very great men. Steam has been in ml
ruin (shedding tears and wiping his eyes with his cufo-
- can't help it K ben I think on the glories I've sett'
The " Whip, the Whip" used to be my song, but it's au
passed now, and when I dies I hope's they'll bury me
out of the sound of the raiL
Mr. HARDWICK said the defendant must not disturb
the public peace; under the circumstances he should die'"
charge him.
The defendant, with a genuine coachman's " Thank
yer honor," left the Court.

EXCHEQUER.—(THIS PAY.)
(Sittings in Banco.)
BOOSEY V. PURDAY.

In this case a rule had been obtained by Mr. Cramp-
ton, on the first day of the present term, calling on the
plaintiff in the action to show cause why an entry made
at Stationers' Hall should not be expunged or varied, or
why the plaintiff should not be restrained from using the
said entry as evidence in the trial of the cause.
Mr. Sergeant BYLEs moved this morning to set aside
the rule. It appeared that a musical composer of great
eminence at Milan, named Bellini, composed an opera
called La Sonnambula, for the managers of the great
theatre in that city, and that on the 19th of February,
1831, he sold the copyright to an Italian gentleman of
the name of Ricardi, the managers of the Milan Theatre
concurring in the sale. On the 9th of June, 1831, Mr.
Ricardi sold the opera to Mr. Boosey, the plaintiff in
the present action, by whom it was entered at
Stationers' Hall. In 1841, Mr. Purday, the defendant,
published a song, which was part of the opera in ques-
tion. The plaintiff remonstrated with him upon the
subject, and Mr. Parday, or his brother, agreed to sup-
press the publication and destroy the plates. Notwith-
standing this agreement, Mr. Purday had, in the present
year, published other parts of this opera, and fur that
infringement of the copyright the action was brought.
On the 13th of May, 1844, before the trial of the action,
Mr. Boosey made another entry at Stationers' Hall, which
was the entry now sought to be expunged. The parties
had proceeded hitherto as far as declaration. The
Learned Counsel then referred to the sth and 6th of Vic-
toria, relating to copyright, and contended if the rule were
made absolute, the plaintiff would be deprived of an ad-
vantage which the legislature intended that he should
possess. The case or Chappell and Purday, which was
yet pending, afforded no criterion for the present.
The Court here suggested that it would be desirable to
let the matter stand over until Chappell and Purday had
been decided.

CLERKEN WELL.—(THIS DAY.).
John Smith, a half starved-looking poor fellow, oils
charged as follows :
Police-constable 101 G, with an air of great soleinniti
and importance, deposed that being on duty in St. John"
street, on the previous night, in plain clothes he saw the
prisoner pass close to a shop-window and take some:
thing ; witness pursued, overtook and captured him, sea
found under his dress concealed ---
Mr. GREENWOOD—What ? Policeman—A potato
(producing a blooming " Murphy").
Mr. GREENWOOD—Anything else ? Policeman
(eagerly)—Yes, a brass button.
The poor wretch was discharged.

MARKET NEWS.—(THIS DAY.)
MELT DIAS...NETS.
SMITHFIELD.—Coarse Meadow Hay, 31 12s to 41125;
Useful ditto, 4114 s to 5/3s ; fine Upland ditto, 51 53 t°
Si lOs ; Clover Hay, 4/ lOs to 61; Oat Straw, 1110$
11 12s ; Wheat Straw, 1/ 13s to 11 15s per load. Both
Hay and Straw moved off freely, at full prices.
CUMBERLAND.—Coarse Meadow nay, 31 15s to 41163'
Useful ditto 41 17sj to 5135; fine Uplti.nd ditto, 5/ 5$ to
5/ 12s ; Clover Hay, 416 s to 5118 s ; Oat Straw, 11 125 tO
1/ 14s ; Wheat Straw, 11 13s to 11 16s per load. .4
fair average supply, and an active demand.
WHITECHAPEL.—Coarse Meadow Hay, 3/ 12s to 4112 g;
Useful ditto, 41 15s to 513 s ; fine Upland ditto, 515$ t°
51 108 ; Clover Hay, 4/ 10s to 6/ 6s; Oat Straw, 11 1,4
to 1113 s ; Wheat Straw, 11 13s to 11 15s per 14:
Supply tolerably good, and trade firm.

Mr. Sergeant Byles adopted the suggestion OA the con-
dition that the defendant should keep an account of all
that he might sell in the interval.

ARCHES' COURT.—(THIS DAY.)
(Before Sir HERBERT JENNER FUST.)
THE BASINGBOURNE CASE—THE OFFICE OF THE JUDGE
PROMOTED BY TITCHMARSH, AGAINST CHAPMAN,
CLERK—THE JUDGMENT.
The Learned JUDGE upon the sitting of the Court this
day, proceeded to pronounce judgment, and in doing so
read through all the voluminous affidavits, commenting
upon each point in the evidence as he went along. After
referring to the demand made fur the first time in 1840,
respecting the burial of Jane Rumbold by her father,
when it was alleged that the Rev. Mr. Chapman refused
to perform the burial service over it, on the ground that
the child had not been baptised according to the rites of
the Church of England, which circumstances the
Learned Judge did not seem to consider as affecting the
latter proceedings, he commenced with the demand made
in 1841, against which it was alleged by the Learned
Advocates on the part of the .t,ev. Mr. Chapman,
that due and convenient notice had ,:ot been given
previous to the corpse being brought to the churchyard.
Upon this subject the Learned Judge said that alter a,
careful perusal of the affidavits of John Rumbold, the
child's father, of the Rev. Mr. Moorse, and of the de-
ponent Hopkins, he could not see that either of them
had distinctly stated any facts which would lead to the
conclusion the required " dae and convenient" notice
had been given to Mr. Chapman. It was true that it
deposed in the affidavit of Hopkins that when the corpse
was deposited in the church porch, and he and John
Ifuftibold went up to the Rectory to request that the
funeral service might be read, the Rev. Mr. Chapman
expressed a wish that he might have a witness present,
thus leading to an inference (as he had a person present)
that he had a previous intimation of the object of this
visit, but he (the Learned Judge) could not decide that
this fourth individual might not have been accidentally
present. The Rev. Mr. Moorse, John Rumbold,
and Hopkins had each had interviews with Mr. Chapman,
and he (the Learned Judge) thought, that nothing could
have been easier than to prove the fact, if either one of
the three had given " due and convenient" notice to the
Rev. Gentleman. In the affidavit of the Rev_ Mr..
Moorse, the most material points were those with
respect to the deceased having received the sacrament of
baptism, according to the observances and forms of
Christianity ; and also with respect to the application
to the Bishop, in 1840. In fact, through the whole of
this gentleman's affidavit, there was not the smallest evi-
dence of notice having been given to Mr. Chapman.
With respect to the affidavit of John Rumbold, the
fathee of the deceased, again he (the Learned Judge)
felt bound to say, that he thought no proof had beet i
afforded of due notice being given. If those ministra-
Lions were to be taken before a Court of'4
Common law instead of an Ecclesiastical Court,.
and tried under a statute instead of a canon, there must.
hal-e been proof of a refusal to perform the lawful re-.
qua-eruct-qv, after due and convenient notice of the per-
ibreaance of those rights had been given, isefore the
party so charged would be subjected to the penalties of
the statute, and Lord Denman had himself held this to
be nedeBststy, It was precisely the same in this Court,
for if it had been proved that sufficient notice had been
given of the time of burial to the clergyman, and if after
that he refused to " perf,rm his office," he was cle vrly
guilty of an offence against the canon. It was his (Lite
Learned Judge's) opinion, that every person must teel
convinced that decency, and the due, and respectful, and
effective performance of the required ministration, im-
peratively demanded that " due and convenient" notice,
should be given to every clergyman, when he was re-
quired to perform any office of his ministry, and believing
that, hi the present case, there had been a neglect of
such obsers'ance, he felt bound to pronounce in the Rev.
Mr. Chapman's favour, as it had not been proved that he
was guilty of an offence against the canon, as the pre
sent suit was promoted, and that the promoters had
failed to establish the grounds of their suit.

-
MEAT MISILETS.
SOUTHALL, Nov. 20.—For each kind of prime stool`
the demand was tolerably steady, at full prices. Other
wise, the trade was in a very sluggish state, at Weil
last week's quotations. Beef, from 2a 6d to 4s; Mutto
2s 8d to 4s ; Veal, 3s to 3s led ; and Pork, 28
to 3s 8d per Bibs. Supply :—Beasts, 40; Sheep, 1936'
Calves, 46; Pigs, 54.
ROMFORD, NOV. 20.—Although the supply of stool;
on offer to-day was only moderate, the ge.neral deroall
ruled heavy, at late rates. Beef, from 2,s 6d to 46,2;
Mutton, 2s 8d to 4s; Veal, 3s to 4s ; and Pork, '-
to 3s 6d per 81bs. Suckling Calves, 18s to 30s ; ftlllfrtisi;
te„-old Store Pigs, 16s to 20s; and Milch C.OWB,
their ,;.mall Calf, 161 to 191 each.
LEWES, Nov. 19.—Beef, from 2s 6d to 4s ,•
3s to 4s ;
;real, 3s to 3s 8d; and Pork, 2s 8d to 38
per Sibs. Su
pp'? moderate, and trade steady.
MA.RICET.
A Atir's
Prices per ton at t:.l e close of the market
Main, 16s 6d ; Buddle's West Hartley, 18s ; Charlotd;
Main, 19s 3d ; Davison's West Hartley, 18s 188 6
Hasting's Hartley, 18s 6d ; Holy.7ell, 20s 9d; dorrisoo
Hartley, 16s; Nelson's West Hartley, 18s Old Pool;
16s 6d ; Ord's Redheugh, 16s 6d ; Old 'CADfield, 165 t
South Pontop, 16s 6d ; Taylor's West Hartley, 178%;
Townley, 17s 6d ; West Hartley, 18s 6d ; WYlitra, 17th'
W. E., Bell and Brown, 21s 6d ; W. E. $.-ancePe jJ,
18s 6d • W. E., Clarke and Co., 18s ;
18s ; W. E., Killingworth, 20s 6d ; W. E., Wharif
21s 6d ; Eden Main, 21s ; W. E., Belmont, 21105.•
21s 9d ; W. E., Braddyll's Hetton, 23s 3d ; W.
well, 235, 23s 3d ; W. E., Hetton, 235, 23s 3d ; y,„
lloughell, 21s 9d ; W. E., Lambton, 235, 23s 3d ;
Russell's Hetton, 22s 9d ;W. E., Sheaburn, 23s ; " .
qualcler
Shotton, 23s 3d ; W. E., Stewart's, 23s ; E.,
land, 20s • W. E., Whitwell, 21s 6d ; W. B. ;
22s 9d; E., Caradoc, 22s 6d; W. E., Hartlepool ;
W. E., Kelloe, 22s 9d ; W. E., South Hartlepool,,l•de,
W. E., West Hartlepool, 19s 6d ; W. E., Adetes,
W. E., Clenrge,
22s 9d ; W. E., Barrett, 20s 9d ; W. E., Cowndon.e.%.,
20s ; W. E., Fox, 20s 6d ; W. E., Gordon, 19s ; vvos ;
Maclean's Tees, 19s 6d ; W. E., Seymour areednet's
W. E., South Durham, 21s ; Hartley, 183 ; Shps
Hartley, .184 ; West Hartley Netherton, 188•
arrived since last day, 171.

CORN AVERAGES.
C. 0111.1034
GENERAL AVERAGE PRICES OF BRITISH - „so_ ~,
For the Week ended Nov. 16, 1844, made up from the itetUrd—irs.'.
Inspectot, in the different Cities and Towns inEngland Bn4'. 4d
per Imperial Quarter. '''ltg li
Wheat ... ..... 46s 4d 1 Oats
Barley .... ..... 35s 9d 1 Rye
AVERAGES OF THE LAST SIX WEER& ,
Weeks ending. WHEAT. SAELEYI OATS. I RYE. SKANt i...-0;
--..........— —.............—........ —.—.... -............. ---.-n---. 0 0
Oct. 12: ...... ... 46 3 i 33 6 20 6 37 10 36 1:1 S 3 1g
19 ....... 46 3 34 6 20 8 L 8 0 36 7, SI 1
2 S..- ..... 40 0 34 9 20 11 39 3 37 g SS /
1110 v. 2 ... ..... 46 1 35 7 21 2 37 3.36 .., ii 34 7
9......... 46 3 36 1 21 6 34 3 4.0' "4- 33
16 4B 4 5 9. 21 9 34 2 0,- 0
rz WO ~1
IMPERIAL AGORZGATE AVXRAGIS OT THX S--...m. ...,
W bea.......... 465. 2d. 1 Oats
Ma riq,......... 34a. 115.1 Rye ...,
6ti•
DUTUIS 011 7014ZIGN CORN. I
. 6, o,j.
WI teat .........2N. Od. Oats
Bar ley .......... 4e. Od. Aye

006%.

- - --
attended
roorP-
.E.:RTENSIVE FIRE NEAR THE STRAND.---1-lattende',
ing between seven and eight o'clock, a fire,, south"
with a great loss of property, broke out at No.sei . shoe'
amp ton-street, Strand, occupied by a b°4) all Die
maker, named Troy, and Mr. Anderson, a tal Are Oa
preen uses were of great extent, and when be
c",..„„iete
His HONOUR ... first ; pet ccived it appeared to have obtained di.
_eu:Zth a
nudge of the Court o, . posse ssi on of the building. The parish englatio well
petitions. great number more belonging to the brigade, do e
t, lir'
At an early part of the pr.- , the Wes tof England one, with its superinten. 'he scene
Connart )n, were remarkably quick in
took his seat within the Bar as Quee_reaching)) Partie
IN RE DAYKIN. ''on to the of confila gration, but notwithstanding that a unable tc'
The petition in this case was an applica‘.. - 'n the exerted themselves to the utmost, they were in whin
Court to annul a fiat of bankruptcy as invalid . •:- got the: 'mastery of the flames until the prat: dole adjoi
ground of an alleged fraud in creating a debt. The per,. ''ley or..ginated. were entirely destroyed and the
to bail!
tion was first presented in September last, and now came ... •ro.p erty extensively injured. The fire is asf agent"'
on again for rehearing. The fiat was issued in No- ing 1- I't on the first floor, in the bed-room °
vember, 1843, and under it the assignees were chosen in broken t''' •,c1 to his bed by ill health. . five fi
end ao,l
December in the same year. The bankrupt had bean man (:,'"I'll' HANovER.--at Rostelberg, . ints,
a farmci, and had dealt in horses, and there was much GANfI: l• 2,393 partridges, 316 pnet"^",
contradictory evidence as to whether he had bought and 5,087 I;ales, . "n
'led: There we re only Oven"' ' o°rvoleia
sold them beyond what was necessary in his business, .• rabbits were kia„,

COUIZT OF REVIEW—(THIS DAY.)
(Before Sir K. BRUCE.)
-It this morning in Bankruptcy as Chief
Review, and disposed of bankrupt
•ceedings Mr. Alexander
n's Council.