The Sun.
London, England, 1842-11-11 00:00:00

will. There'v' Is •r_° 1 )eneficial occupier, and it would
be just as legal to as ess the Arsenal at Portsmouth,
of T ..J. ondc
the To\ Ter ,n, Tilbury Fort, or any other
of hoe ,ielfenc, mwh MI might be called the dead-
stock of t Ite
-L
e.ountr
y, as to rate this Bridewell. No
one derive tit uIY 17 ..,t from it; no one had any bene-
ficial occu VDU" ' of it, and the Commissioners of
Sewers mi ght as
well assess the public highways, or
the rivers i if the country.
•
The SOLI :Mb' R-GENERAL contended that according
to the Law 'of Sewers, there was no necessity to
show any oce' apaney whatever. If the Jury pre-
sented that i an y lands or tenerAents derived benefit
from the E. ewe rs, the Commissioners had the power to
rate them , eve en although the occupier should be un-
known, a- kid. 'in default of payment to enter and dis•
train any goo is found thei:ein, and if no goods could
be found ~ that they .n1).11 the power to seize the land
itself ant 1 to ;sell th e same. It was therefore unim..
portaut. :br his arguir,ent whether Mr. Tracy was the
occu.:pla .. or r lot, although as regarded that point, he
w -as y'r eparei Ito ...xintend. that Mr. Tracy was in law
the o cc upier of that part of the prison which did not
cons-, ''.:cute th :e. Governor's house. He ordered the
locati 'cin of tb •e different prisoners. He directed the
g
eller. it man a gement of that part of the prison, and ,
therefo re ex 43.1 •cised such acts of ownership in that part
of the p. risott as to constitute him in point of law the
occupier.
The A. 'To: RNET-GENERAL briefly replied.
The Co 'UB T reserved its judgment.

BAt L COURT.—(THIS DAY.)
The Gr at.4l Jury of the county of Middlesex was
sworn in this morning. His Lordship briefly ad-
dressed th a Grand Jury, after which they retired to
their roon 1.

THE QUISEI ( V. CHART. ES DEVON, AND ROBERT SULU-

VAN, ESQ.
Mr. Erl :e moved !Or a rule to show cause why a
mandamus should not issue to the defendants, com-
manding tl aem tO•grs Int a warrant of distress, to levy a
poor-rate made IA it'ain the district of Hampton-court
Palace. 'l' he case v: as similar to that in which Lady Em-
meline Po c, asonbyw a s a defendant, and which was decided
by the C( flirt of Qt teen's Bench against the defendant.
A rate wt is made or ten or twelve other persons not
included i a the fora ter rate on the 14th of April. On

the 16th of July they were summoned to appear
before Ch. irles De von, and Robert Sullivan, and
Mr. Carp( inter, a,e Magistrates of the district.
The two former -Magistrates met at the Red
Lion, but they refused to grant a warrant of
distress, st sting at they would not be justified.
in doing s( ), unless mandamus was issued by the
Court of Queen's Bench. The Crown officers it
seemed, ha, I express ed dissatisfaction as to their
lity, notwi tbstandin g the decision which had been
given by thr: Court of Queen's Bench in the case of
Lady Emeli .ne Pon: winby, and an indemnity to the
Magistrates was de fr Landed from the overseers. This
Mr. Erie contencletl was not necess'ary, the same
question h a ving be,im already decided, and the Court
granted t tie rule.

S LADE V. Tit sEARL OF WALDIZGEAVE.

Mr. in ti '-tis case applied fora distringas to
proceed to t outlawry :4 rains t the defendant. The applica-
tion was fi ninded on an affidavit, whichstated that appli-
cations had been ma% le to Mr. George Robins, the
defendant 's agent, and to Mr. 'Pearson, his attorney,
who inform ed the deponent that he (the defendant)
was out of :the jurisdiction of the Court ; and Pearson
told him triat he had a ry emorandum of the debt.
On the 20tI i of July a wri t of summolis was issued,
and an application was ma de by Mr. Pearson to enter
an appearance, which he refused. On the 28th July
a similar a pplication in. writing was made to Dr.
Daniel, a ri alative of, the, defendant, to which no an-
swer was, ret urned. On tb e 30th August, a clerk called
at Strawberry Bill, the defendant's former residence,
He saw the housekeeper, who informed him that the
Earl of Wat iegrave was residing in Italy, but that if
a copy of the writ was left with he; she would have
it forwarded to him.
Mr. Justice PATTES()II*—Was riot this case before
me in chamber' ?
Mr. PEACOC it—The application in chamber was
for the purpos e of compelling an appearance ; but
your Lordship then stated the a pplication must be for
the purpose of proceeding to outlawry. The appli-
cation is now made in th 2t shape.—Application
granted.
The Court r ose before /2 , o'clock, there being no
other business t) be disposed of to. day.

COXMON. PLEAS .--(THIS DAY,)
The Court sat for the firs I day this term at Nisi
Prins in the now Court, C--1 uildhall (London), when
several undefeaded actions having been disposed of
by Mr. Justice Cresswell and common Juries, the
Court rose at half-past twel a o'clock.