The Sun.
London, England, 1842-06-24 00:00:00

COURT-FASHIONAIME.

Lord and Lady Stanley had a dinner party on Wednesday,
in St. James's- square.
Prince Edward of Saxe Weimar arrived at Marlborough
House yesterday, from Paris.
Yesterday at St. George's Church, Hanover-square, Sir T.
E. Winnington, Bart., of Stamford Court, M.P., for Bewdley,
wai married to the eldest daughter of Sir Compton Domvilea,
Bart.

The attendance at Almacks on Wednesday evening was very
numerous, there being upwards of six hundred persons present.

:vii6q;ELLaNzous.

A gorget of pure gold, as worn by the old Irish Chieftains,
and a breastplate of the same have lately been found in the west
of Kilkenny.
Mr. Raper, chief clerk in the War office, in which depart-
ment he has been employed nearly half a century, died at
Chelsea last week, in his 6(ith year.

LAW INTELLIGENCE

ROLLS' COURT.-(THIS DAY.)

ATTORNEY-GENERAL V. BOS.ANQUET.

The information in this cause was filed upon the relation
of a Mr. Leaser, for the purpose of having a certain charity
carried on in a manner correspondent with the wishes of the
founder, and to have certain abuses corrected; also, to have
an account of all the moneys in the hands of the trustee. It
appeared that Lady Munson by her wi I, dated December,
1729, devised upon trust to her nephew, Lord Munson, a house
in Broxbourne, in Hertfordshire, to:be used as an almshouse for
six widows, and also 1,0001. bank stock for their maintenance.
Joseph Bosanquet, the father of the present defendant had, in
1789, become ;,ossessed of the property. The stock, in the
meantime, had accumulated to 2,059/.

The present defendant, on becoming trustee, had appropri-
ated a part of the almshouse to the use of a schot,l, which
proved a great source of annoyance to the widows. Under
these circumstances the information was filed.

The defendant in his answer stated that he had not got
not;c3 of the intention of filing the information ; that it
he had he would have had the nuisance abated • that
since the filing of the information he had removed the
school, and that he had, in the first instance, only placed the
children at school in the almshouse until a licusc was erected far
ths.t purpose, 'as the poor school was too small.
Lord LANGDALE said that the infotmation was a most frivo •
lout, one ; no notice had been given to the defendant that the
information was to be filed, otherwise a satisfactory expla-
nation would have been given by him on the
matter. He must, therefore, dismiss the bill. He
would, however, allow costs against the defendant, on ae-
co,tut of h:s want of prudence, in keeping so large a sum of
money uninvested, which was contrar) to the order of the
Court.

QUEEN'S BENCH,-(THIS DAY.)

BATEMAN V. PINDER.

This was a ease which had beer. tried before Mr. Justice
Wigh:man at Leicester, to recover a sum of money alleged to
be due as a debt from defendant to plaintiff. Defendant
had pleaded the Statute of Limitations. At. the trial
it was proved that since the action had been
brought defendant had paid 11. on account, which it was con-
tended was such an acknowledgment of the debt as would take
it out of the statute. A verdict had been entered for the
plaintiff, and a rule nisi had been obtained to set it aside, on the
ground that the payment of the I/. on account was not such an
acknowledgment of the debt as would take it out of the statute.
The COURT gave judgment in the case this morning, and
decided that. in order to take a case out of the Statute of Limi-
tations, there should be some direct acknowledgment and recog-
nition of the debt, to enable a party to bring his action_
that a payment. of money on account atter the action was brought
did not constitute such acknowledgment,inasmuch as such
acknowledgment must be made before the commencement of
the action, in order to enable the party to. bring his action at
all ; and that therefore the rule for setting aside the verdict must
be made absolute.

THE QUEEN V. HARCEY-QUO WARRANTO.-JUDGMENT.

Lord DENMA N, in giving judgment in this case, said that it
was a rule for a quo warrant() calling upon the defendant to
shrw cause by what r;ght he claimed to exercise the functions
of an Alderman of the borough of Liverpool. It appeared
that on the 2.Sth of October, 1841, Mr. Harvey had been cleetee
as Alderman to supply a vacancy. The qualification of Alder.
man consisted either in being a Town Councillor at the time
of tle election, or in being qualified to be one ; and among thi
qualificationsof Town Councillor, it was required that he should
be upon the burgess roll f the boruugh at the time of his election
Nov the name of Mr. Harvey did not ap;:ear upon the burgess
roll of the borough; which was in force from Ist Noveinbe;
1840 to Ist November 1841, but it did appear upon the
burgess lists made out by the overseers of the re.pectivc
pari•hes cn the 3tl September 1841, which lists when revised
constituted the burgess roll which would be the roll in
force from Ist November, 1841, to Ist November, 1842, and
his name had been ret lined on the list of Revising Barristers.
The Court, however, held, that his name appearing in thoss
lists did not con litlte a sufficient qualification, as there
could not be two Lurges. rolls, and the only burgess roll in
exist nee on the;Sth October, 1841, the day of his election. '
was tte roll whict clm! into force on the lit November, 1841.,

His name did not appear in that ro'l. He was consequently
not q ialitied, and the rule must be made absolute.

CHURCH-RATES-THE QUEEN V. TILE CHM ELWA EDENS OF

HAWORTH-di.; DGMENT.

In this case a rule nisi had been obtained for a mandamus,
ordering the chapelwardena, of Haworth to pollect their portion
of a church-rate assessed by the churchwardens and a minority
of the vestry of the parish of Bradford, to which parish the
ehapelry of Haworth was contributing.
Lord DENMAN this morning gavethe judgment of the Court
in this ease. He said that in this case the Court
was called on to enfuee a rate made upon the prin-
ciple raised by Lord Chief Tustice Tindal in giving
judgment in the Braintree Church-rate case in the Ex-
chequer Chamber. Church-rates were matters of Ecele-
siast;cal cogniz and therefore the proper place
to raise an argument on this dictum of Lord Chief
Justice Tindal was the Ecclesiastical Court. It
happened, however, that the Chapelry of Haworth was obliged
by custom to contribute to the Church-rates of Bradford; and
thus the matter had been brought before the. Court.
The Court had been urged to grant the rule, in order
to raise the point, and enable the point to be
I,tigated in the Ecclesiastical Court, but the Court would never
interfere to force parties to involve themselves in a doubtfu
1 tigation, and, therefore, en that ground the rile could
not be granted. The Lord Chief Justice, in raising this novel
point had studiously avoided giving any opinion on the subject,
and all the Judges had reserved a right to themselves to con-
sitter and give an opinion on the point when it should come regu-
larly before them. He felt it would be wrong to divest him-
self of the same freedom, and, theref,re, he should offer
no opinion on that tuoint. These were reasons suf-
ficient for refusing the rule, but a different state of
things had arisen since the rule had been appLed for. The
pay ish of Braintree, acting upon the hint thrown out by Lord Chief
Justice Tindal had made a rate inconformity with his suggestion.
The question had been argued in the Spiritual Court, and that
Court had decided that such a rate was illegal. That decision
might be appealed against, but until it should be reversed, the
Court was bound to respect it. On these grounds, therefore,
the Tula must be discharged,

THE QUEEN V. THE CHAPELWARDENS OF FENTON.
JUDGMENT.

Lord DENMAN said this was a rule of a similar nature to
the one which tad been applied for in the preceding case,
and must be discharged on the same grounds. But even
if that had not been the case, the rule mud have
been discharged on account of an informality in the affidavits.
It was alleged that by custom the chap fry of Fenton was
compelled to contribute to the Church.rate of the
parish of Bennin ;ton. Now it did not appear that
the inhabitants of Fenton had been summoned to attend
the making of the rate. If they had not been summoned, the
custom had not been complied with ; and if it were not the
custom to summon them, then the custom was bad.

EXCH EQUER-(T hIS DAY.)

THE CORPORATION OF COVENTRY V. LYTHAM, AND OTHERS.

The arguments in this case, which we noticed yesterday,
were continued to-day. Mr. Richards was heard during the
morning for the defendants.

INSOLVENT COURT-(THIS DAY)

. Tar - 11.—* • J.. 11-71L1- drml.l9

THE LEVANT.
IMPORTANT DESPATCH FROM CONSTANTI-
NOPLE.

The Stromboli, which has just arrived, left Constantinople
on the 11th instant, and brings an important despatch from
the Ambassador, which is forwarded overland to England by
the Vesuvius to Marseille,. The greatest secresy is main-
tained, and I am unable to learn any particulars ; but I have
reason to believe this despatch announces the settlement of the
Syrian question.
MALTA, JUNE 15.—SHIPS IN PORT.—The Queen, 110,
bearing the flag of Vile-Admiral Sir E. W. C. R: Owen,
Commander-in-Chief in the Mediterranean ; Howe, 120, bear-
ing the flag of Rear-Admiral Sir F. Mason, second in com-
mand; Ceylon, receiving-ship, bearing the flag of Rear-Ad-
miral Sir John Louis, Supe intendant of Malta Dock-yard;
Impregnable, 104; Vanguard, 80; Calcutta, 78; Cambridge,
78; Vernen, 50; Magictenne, 24; Snake, 16 • Devastation,
Vesuvius, and Stromboli, war steamers ; and Alecto and Poly-
phemus steam-packets. Ottomon frigate Chiaha Bahri, and
Tunisine corvette Clia,

DISPOSITION OF THE REST OF THE FLEET.—The Indus,
on her way to Malta from Lisbon ; Thunderer, 84, on her
way to Gibraltar from Malta, and the Formidable, 84, on her
way to Malta from Gibraltar. Belvidera, 38, Jaseur, 16, and
Lizard, steam tender, at Gibraltar. L'Aigle, 24, at Voitrla;
Rodney, 92, Inconstant, 36, and Hecate war steamer, at Bey-
rout; Monarch, 84, at Rhodes ; Medea war steamer, off the
River Xanthus; C; cops steam frigate, at Alexandria ; Savage,
10, and Phoenix war steamer, at Tunis; Locust steam tender,
at Tripoli, in Barbary ; Scout, 18, at Corfu; Beacon and
Magpie surveying ve,4sels, at Paros; and the Promeibeus steam-
packet, on her w.ty to Malta aml C4ristantinoi le, from Genoa.

MOVEMENTi SINCE JUNE s.—The Tunisine schooner•of-
war Denfir, took her departure from Tunis on the 6th inst.,
followed by the Phoenix on the 10th inst. The Tnunderer
sail d for Gibraltar on the 9th, to relieve the Formidable, or-
dered for Malta ; an well as the liidas, from Lisbon, lch
latter will be relieved by the Calcutta, to leave Malta as soon
as the Formidable arrives, when a survey will be held on Cap-
tain Sir S. Roberts (still in Malta hopital), and it is very
doubtful whether he will be able to re-assume the command of
the Calcutta. The Locust was dispatched to Tripoli on the 10th.
The Tunisine corvette Elelia, and the Ottoman frigate Chiaha
Bahri, which latter is bearer cf return presents for the Bey of
Tunis, art ived here yesterday from Constantinople, and the
Stromboli has come in this morning from the same place,
left on the 11th instant. The Vernon and Saake received
sealed orders last night, and will, it is reported, put
to sea to-day. 'the Vanguard anal Cambridge have also orders
to keep themselves in readiness, but it does not appear that
either the Commander-in-Chief or the second in command
contemplate an immediate move. It is currently reported
that a French force is expected off Tunis and Tripoli, but
this has been said so often, that it is not thought much of.
The crews of the ships are kept in constant exercise, and this
morning the boats of the squadron are all outside the harbour,
practising boat attacks, wi:h the marines embarked.
MAILS.—The Alecto arrived from the lonian Islands and
Patris on the 10th. The mails for the same places will be
conveyed to-day by the Vesuvius steamer. The Polyphemus,
from Marseilles, ith the Overland Mail of the 4th lust , ar-
rived on the 12th; and the Great Liverpool, from England,
came in en the same morning, and proceeded to Alexandria
on the afternoon of the 13th. The Cairo Nile-boat came in
from England on the 9th, having been into Gibraltar, Carthl-
gena, and Trapani (in Sicily), for coals. She left for Alex-
andria on the 13th, and will be assisted with coals by the Great
Liverpool. The Aerelite. which left Gravesend on the 19th,
and the Little Nile, which left Southampton on the 18th ult., tWo
other boats intended to p'y on the Nile, have not yet appeared.