The Sun.
London, England, 1811-11-20 00:00:00

If REPORT.

COURT OF KING'S BENCH, Nov. 19.

41f

This being a day appointed forthe lwaring of ar-
guments on reserved points of law, the Court was
occupied ate whole day an them.

' • . flit. POVAIT.
When the,sudges catue into Court, Lord ELLEN.
BOROUGII .said
.they had considered the question of
thp.. Mandamus moved for: yesterday, and they
wished, ~before the Rile was drawn up, that its
terms mtgin be submitted to them. They were also
of-opinion, that the writ should be dirtUed only to
and that it should not be manda-
tory for him to admit Dr. Povah to any specific ad,
but! that
,he should hear the case,. and exercise his
jtvisdiCtipn.

CRIMINAL. INf.ORMATION.
Mr.,Scstt LET :4aid he held in
.his hand an amend•
ed affidavit in a .case, in which be had sore%'• days
ago moved for criminal information ogaifyfi Robert
Foote, Esq. for challenging Timothy Brebt, Esq. to
fight him. When the ease was originally moved,
the Court had no doubt he was:enii►led to his rule,
but ordered that his affidavit shoUld be freed from a
deal of extraneous , Matter with which it had been
loadeit. That was: now done, and. he hoped the
.Curt would now grant him his Rule.—Rule granted.

CRESSWELL' V. GREENING.
Yesterday. theArrollNEY-GENERAL spewed cause
against a rule 'Which had been obtbinecl day by
Mr.. Frederick Pollock, to seta aside proceedings
against hail, on the ground. of irregularity. The
Attorney-Qeneral said Old was a-mere question, of
praaice, and quoted the case of 'Wilkinson v. Vass,
•8 Term Reports, '422. ,in which it was held, that
the bail had eight days to which to render the prin-
cipal from the return of the writ on which there is
an effeau.ti proceeding against them.
• The Master (Mr. Faster) being referred to by the
• Court for.his.opinion on the practice, stated, that if
the Sunday occurred in the middle of the eight days,
and not at the end of 'them, it was included.
Mr. F. Por.Loot, under the words of the rule of
Court of Trio. 1 Ann.!! liberty to surrender by the
space of eightentire days in full Termi" should have
submitted, that Sunday being a dies non, was not
included' but as the praaice was decided -to be
against him, he asked for theindulgence of 'the
Court, in this case, in which it, was sworn; that
the bail was prepared to have Surrendered on the
seventh day, and in Which it did, not appear, by the'
reports of the cases, that the present quebtion bad
• been before decided; this being a reasonable mistake
and not a wanton experiment. The learned Conn--
.:quoted the case of Wathen v. Beaumont,
L. .httat, 27), in which it Was decided, that on a
four-day rule for bail, in .scire facias, to appear and
plead; Term, Stiri3ay, though an intermediate
dev; is not: to, be reckoned. This. was stated 'to be
the settled rule of. practice now; but in Lord Ray
Mond, t 3 Will. lll—there was a case of Milan v.
Pettit, before the Ru,leof Court of Trinity, I Ann,
iu whielt it was lield,•thai the hail should have 'lie
Same time tor .the surrender of ,the .ptincipal its :in
aaion 01 debt, upon their Irecognizance, as it by
scire. faezvis. .;„ . • - • ~
Lord ELL EN,BOROUGH was of opinion,- that; under
the plain generalmeaning of the words of the
the bail tit era. _tuft irt: I tine : the words %vete "by
the space" Of,eig,ht entire days, and Sunday' was as
much a day., kr. space RV any °titer-- The 'parties
.here .n.ay have' intended honestlyl;• bdt ibey.had
atisConstrdedAlletule of Courtf; arid it was .neces-
sary t hat questions of pil& ice should be' decided.by a
stilts re-gularity.-:: They had acted at the peril of the
prati:ce bring against them.' •
Rule discharged. • ,

COURT OF COMMON. PLEAS, Npv •lif.

BliTgbIAN V,

This was an application to-the:Court for a rule to
,st.,eWcatise why the'defendant should not produce a
guarantee, in order to have it stamped, under the
following circumstances:* Messrs. Phillips, proprie-
tors of the Milford Bat*, stopped payment, and in
t‘e hurry and confusion which consequently ensued
upon such a failiire, the creditors became clamorous,
and notes and securities fOr payment of Monies due
from the debtori were presented. in this emergency
the defendant stepped forward,, and offered his gua-
ran tee(which was accepted) ito the amount of 30,0Q01..
Thisguarawee, for the moment, satiSfied the era-
tors; and it was 'lodged in the handS of a , Mr. Bowl-
ing, Some feW 'days after the defendant found
means 'to get, the guarantee out of the hands of
and then the creditors brought their
to ions.