The Sun.
London, England, 1829-06-22 00:00:00

LANCASTER V. GRAVES.

This was an action for trespa-is and false impri-
apkment, tried before Mr. Justice J. PARKE
at the last Assizes for Westmorland, and a
l'erdiet 'returned for the defendant. A rule nisi
10 set aside that verdict and obtain a new trial,
yad bcen granted; arid against that rule Mr.
<l•ourtney now appeared to show cialse. It ap•
kilted that the plaintiff Lancaster had formerly
Contracted
-with a Mr. Thomas Hullock, to make a
earriage-road, and had failed to perform his contract,
although he had frequently been called on to do so.
clullock then laid'un information before the present
defendant, Robert Graves, Esq., a Magistrate, un-
der 4 Geo. IV. c. 34. see. 3, which empowers a
Magistrate to 'decide summarily between masters
and servants in payment of wages, &c. Lan-
caster was .convicted, and sent to the house of
torrection. On his liberation he entered an action
against the-defendant, who put in the commitment,
Pk:which Lancaster was described as a labourer),
17 his'- defence, alleging that the document had
eek three times read over to him on commitment,
and that he did not then object to the description
Of himself as a labourer. The Jury, as above stated,
returned a Vefdict. for the' defendant, and the rule
iti was subsequently obtained, on the ground that
ifall 'persons who contracted to make roads, or
uild houses, were to be considered as labourers, and
,s.*ithin the jurisdiction- of the above act, that Mr.
Aash,- Mr. Smith, and other architects and con-
tractors would be also liable on breach of a con-
tntet, which -was clearly not the intention of the
Legislature
on passing the Act, which was merely
—earn to apply to contracts between master and
servant.

The COURT were of opinion that the information
(lid not show Lancaster to be in the relation of ser-
Nltit to Hullock. The word " labourer" did not
t'onstitute such relation; and even if it did, the
Ivord might have been inserted by addition. They were
thereforp bound by the whole of the commitment, which
4it4kted that Lancaster had agreed to make a cettain road
t?' a certain sum. As they were bound by the facts men-
%led in the information, the Court considered that the
Present plaintiff could not be looked on in the relation of
7`,.itervant, and consequently the magistrate had no juris-
ulttinn; the rule obtained must therefore be made absolute.

ROLLS COURT.
c Ms Honour (the MASTER OF THE ROLLS) sat for the
ht time at Westminster to-day, since the new regula.-
lung. The Committee Room, No. is, is appropriated
f the use of his Honour.
The COURT heard petitions, none of which possessed
141 Y public interest.
•
PRACTICE OF THE COURT.

in the course of the morning his HONOUR observed,
rat it was his intention to establish a rule which he had
M long in contemplation. He should expect, in future,
4'44 Counsel would be prepared with the minutes of the
tiell'rq which they applied for. This practice, his Honour
t. °tight, would be the means of saving a great deal of
j me, ire)nvenience, and confusion which, under the pre-
' Znt system, the Court was exposed to. It frequently
l'Apened that he was now called upon to alter
it decree at the lapse of upwards of twelve
after he had heard the case, and when th-! whole
tZ4 were entirely out of his memory. The adoption of
rule might be attended with trouble at first, but in
course of a'short time his Honour had no doubt Coon-
eel Would join with him in seeing its great use.
11r. AGAR thought it would be extremely inconvenient.
%Pis Howoun could not agree with the Learned Coon-
!„2' inggestion, and could not consent to abandon the
uree lie bad pointed out ; it was one he had invariably
h'ltetised when at the 131 r, and he fouud the convenience to
" tireat, that he felt disposed to put it into general
eractice.
41uong the King's Counsel attending his Honour we
I,°tieed Sir CHARLES WETHERELL, MT. AGAR, Mr.
t"S, MT. BiCKERSTETH, and Mr. Boss.

Ile Duke and Duchess of GLOUCESTER
honoured the performance at the Italian Opera-house cm
'llturday night with their presence.
L •
IsCOUld ERESFORD transacteu uusiness at
Admiralty with Viscount MELVILLE on Saturdey.
hi, The Portuguese Consul-General transacted
"°!nesion' Saturday at the Foreiyn-office.
Extract of a letter from Rio Janeiro by the
tlierieart Papers of the 25th March :—" Forty-two
thfsll ''and slaves, men, women, and children, were im-
bd into Rio during the year 1828. A few days ago a
111,$ arrived from the coast, she had on hoard 480 slaves.
to'e'inus to her arrival, and during the passage, there were
tu,,ig ne to' the briny deeP 184 of these unhappy crea-
‘!:, most of them died for want of room and air, as they
he literally wedged in the vessel."
C:harleston Papers have been received at the
thZth and South American Coffee-houee one day later
tt„n those of the 16th May. A letter from the Com-
e() ""ant7General, on the frontiers of Peru, gives an ac-
Letirtlt of the dostruction of a tribe of Indians, to the num-
°f 200 killed and 80 prisoners taken.
htell'rlll ° Porto Rico we learn that accounts had
Af .r.Pceived at St. Thomas's, by an arrival there from
liadrl4l,:that thirty sail of Guineamen of different nations
°ten taken'by the British cruisers en that *Lotion.