The Sun.
London, England, 1845-11-18 00:00:00

Brother, for it had not been shown that the plank in cis• at 4
had been kept in readiness by the railway conlno
times of the starting of their train., for passengers „
over it in order to get on to the railway. . • as or
Mr. Justice WIGHTMAINT was of the same Wale
Learned Brothers.

BAIL COURT.—(IIIIS DAV
(Before Mr. Justice P.arrel3o2l-)
- THE QtrraN it. LONG. e agirste
In this case, Mr. Peacock appeared to show on° ib
a rule which had been obtained for a mandamus obrin „Ace
defetlidant Mr. George Long, one of the MetropolitaNstio
magistrates, commanding him to issue a warrant 01 (goith-
against Thomas Bird, the occupier of the house No- 15'
ampton-terrace, Kentish-town.
The question in this case arose from the constra, atel
the Acts 4 and 5 of Victoria, relative to the flonali°„. 00
repairs of pavements in the hamlet of Kentish-toiv_oate
t°.
town' in
the 23d of July, 1845, the commissioners appointed reb
the formation and repairs of pavements in Kentish by the
accordance with certain' powers vested in them pscr
Acts 4th and sth of Vic., ordered the formation no ,o ill'.
Inuit seven feet wide, which pavement passed
house, No. 15, Southampton-terrace, and puirdeso.:,oneti
powers given to them in section 72 of the above-iu,
t
Acts, they called on Thomas Bird the occupier of tt'.froo
No. 15 for 5-6ths of the cost of the pavement laid doenll.te„4ol
of this house. The payment of this deinand
and the result was, that a rule fora mandamus was
against which Mr. Peacock then appe.,red to show cni;ogr
urged that, by the 7th George IV ~ sec. 20, t
was he e ecestej
meat of the metropolitan turnpike4oads cog'
in certain commissioners, and they were empowered to 4
905
and alter them as they might see fit. By the Act', Whoin
of Victoria, it was enacted that the Commissioners' to m ibt
the power of paving and repairing the pavelnenieive
hamlet of Kentish Town was given, should t covi
control over 'any portion of the road lilted
within the jurisdiction of the Commissioners aPP":arit
the 7th of Geo. IV. It was shown in the ai,"( toi
the opposing parties, that before the present posleetnei(le,
formed there existed a common footpath, only fire 'e,,,tde
so that, in order to forma pavement of selvtell:nal-trs'oottilbeeeursji
11.61
was necessary to obtain the consent of the Coniuuss.ll jibe
the Metropolitan Turnpike Roads, to take in two „or
carriage-way. This consent was obtained, and trifi the
ment was formed, and Thomas Bird was as,Cnnen,t of the
sum of V. 7s. 6d., which was five sixths of the of
pavement before his house, including the two drnittit
carriage-road which had been taken in.
that the road was vested in the Commissioners
of Geo. IV. and he (Mr. Peacock) c%citoo...
that in the term road the footpaths were also I bail rio'
and that therefore the Commissioners of PaThh)gt to 0,51:
right to form a pavement, and therefore no ng",-eitley
He was aware that the 6th and 7th of Victoria nni„prg
4th and sth and allowed the Paving Comnlissl,!","eeem!.
wider powers; but they could nut recover under tonn'i•sail;
acquired powers, as the Act professed not to al wieners ll'-
ments or proceedings of the Paving Cominiso"„dtlw"
before the passing of the Acts 6 and 7 of Victoria, ?st.tit
tore Bird could not be liable for an* ex post facto de'ht
Mr. WHITE:HURST, in support of the rule, Wog, 0,14-
would be better to remove the case to a Court of },;creelej,Pe
case was one of considerable importance and 0,40 t
immense number of persons, in front of whose 'ciefoollc
pavement passed. Mr. Long was only a nonnonicltied t
as he would be indemnified by the persons con
decision of this case. fivit4t
Mr. Justice PATTESON said that there were Intel al%
ant points in the case, and all the parties collar" circti:;
not be satisfied by his single decision. Under all '74001;
stances, the better way would be to make the rule
damns absolute.
The rule was then made absolute.
The case was withdrawn. 001

ger
Mr. Lusii applied for a rule to show cause wMr
habeas corpus should not be issued in order to brlon, tba
sons, now in custody in Whitecross-street P, oat ere
fore this Court. The Learned Counsel stated ode
circumstances under which the application was „
somewhat novel. The persons in custody `vet for'rifot
women,•who Lad been convictel on an inforoul to bpi
and, in November 1844, a warrant was issued
on v,
them before this Court. They were teh'e-isoli•
warrant, and lodged in Whitecross-street Pr'd
prosecutor now declined to bring them UP, „ft cla te!
that he would have nothing to do with them.
themselves declined leaving the prison, t•tat'An'theotDetilt
preferred remaining. One of them is blind, and ;anti' IV
very infirm, and as they were a charge to the fir
visiting Aldermen were anxious to get rid of btlAft
prosecutor was not averse to their being ,
dischargebosr
dined taking the trouble and expense of bringing "
bed
theMrourt. Ile t°
C.
Justice ParrEsoN said that he thought ALI niee•
cause why they should not be discharged Won'"
case better tan taking a writ of habeas. t 0°
The rule ash suggested by the Learned Judge was
EXCHEQUER.--(THIS -El Air')
i‘e
(Sittings in Banco.) n Po •so
It was arranged this morning that Mr. Bitre-„„001i)
Mr. Justice Williams should commence the winter Loice'
at Liverpool, on the Bth of December; and Mr. '1"
and Mr. Baron Platt at York, on the same day el
1'
COMMON PLEAS— 114
(THIS -
(Sittings in Banco.) ft)l
IN RE WILLIAM CORBETT. ter ('
VSI
Mr. William Cobbett, son of the late eminent s'in 0.1
rit°
same name, was brought up this morning unun
corpus, obtained on his application and represeee
of
he was illegally detained in the custody of the 1/ and 1'
Fleet (now in the Queen's Bench), Ain C°llca'hi
It appears that in the month of June, 18401
was committed by order of the Court of Chan,ldo
tempt in neglecting to answer a bill filed against
Court, at the suit of Oldfield and others, and tha,ttscii;fiso
custody under that order, he was served with en/co-ts'"
from the Court of Exchequer for non-payment 0' - r
action in the latter Court. the 11 1
Mr. Cobbett now grounded his applicatiOn ou titV)
rnent that the writ under which he was origine"Yoild "0,1
custody was illegal on the ground of inforinalitYA'
being in illegal custody, he could not bee detaioe'aueil
second process. 'The Learned Gentleman st,Zt
ten
points of informality in the original writs at gr;-,05`,1
and with considerable ability, and he cited outaLmille'
to show that the first arrest being illegal, the u""
illegal also, and he was entitled to his discharge -,he
COURT'
The
could not go into the question of ,00`,01
or illegality of the writ issued from the Court o' „its
Their Lordships would not say that if the "col' at
illegal, the Learned Gentleman's argument that be courjso
legally be detained on the attachment from rile ort!',o'
Exchequer, might not be good. However, the eta' p 046
go into neither of those two questions. They I'3m-400
diction over the proceedings of courts at least -0,11,t
with this. The applicant must therefore be renlty
seek his remedy in the courts by whose auth°- tit
committed to custody and detained. ,
Mr. Cobbett was accordingly conducted back to4iert vr,,De
Prison in custody. His appearance in this lAoffPrio
arose hi this way:—He had applied to the Courts o'll,lo
quer and Queen's Bench for the writ of habeas, 'l.OO
refused in them, but subsequently (in this term)
the application of Mr. Cobbett in person. dgv.
The application occupied the greater part of the

BANKRUPTCY.--(THIS PA y
(Before Mr. Commissioner StiErfirnp.)
IN RE JAMES SMITH WILLIAMS. 031"
This bankrupt, who came up on his own fia"Lool
scribed as a master mariner, in Clements-1411c'
street. He came up for his last examination. Pcbeif
The Solicitor to the'fiat said, that in this C3s'vetlt;',e4
signees had been chosen, nor had any creditors livid tof
debts. They commiserated the bankrupt, wbn sn',oo
shipwrecked in the West Indies, and lost his 51.7,, rfrar
whole of his property, save two chronometers. 'l,-to
application was, that as the creditors did not wi't; 01'0
fere, that the bankrupt should be allowed to pa-93,,.,;1' oi
nation, and that an early day should be appoin", gitlP
Court to grant the certificate, as the bankrupt Wil"
.4eo
to obtain another ship. Oil' at
The COMMISgONER said the case was one for 0114011.1
tion, and he would assist as muchpossible the
as the
to pass. , a lop op,
The Solicitor said that as this bankrupt nit tbstt f
whole of his effects, he had to apply on his bella"hvb 'I; tic
of the two chronometers should be given up t° p",-104')'
captain without a chronometer was like a ship id stba
a rudder. or(plot
der
The COMMIS6IONER said that he had no pew" to
official assignee to give up any property; all he coil toe,
to order au allowance up to the time of the aPP°I4 110
assignees. tlo:for°
The Solicitor said that it was exceedingly l'''''tber`o:O.
assignees would ever be appointed; the question, „ or.' of
was, whether the Commissioner could not order:611;110i°
to be given up; the bankrupt had, in fact lost tbe
his effects. 09 to tot
The CO3I3IISSIONER—I see he only had 4s. toere& ell'
official assignee. It is a case mach to be commtseLs to on
I cannot make any order. ' I, however, do not oktetell
assistance which can be legally given. The chrcale''''
valued at 701.

A_ qtet
CLERKENWELL.—(THIS J. 14-
7, the ,0
Three girls, named Adams, Pree, and Darrel" doze'
two mere children, were charged with stealing a l'
cabbages, value Gd. f the I.
Free and Daywell were dressed in the unifortnt'auire,'d
born union, which induced Mr. Greenwood to 'alhd
their condition. It appeared that these children 101,s, of
"let oat" to Mrs. Adams, a dress-maker, St. Lad 01;111
that Mrs. Adams had sent them out to the gotdea- Chanols
man named Fomison, residing at Old St. Patient- her :b1
to rob it of its produce. With them she ser vvin'teit
daughter, the third prisoner, and they were la°i iirr's-or
spoils of the poor man's garden when they wereeeing it
The two poorlittle paupers burst into terns 4/11 tors'all
rested, whilst Adams jeered and laughed at their caPtight
did I,ot appear that the poor children had been !6 0t,t,130'
business, and when apprehended they said it Wa v•Y'
fault ; 11:attheir mistress had sent them out to steal
tables.
Mrs. Adams, who assumed a very consequentisi,l eel.;°,111(15110 •
mated that she sent the unfortunate children wit'vll
child, to take the cabbages, but she heard every 0
were doing so. h
oc
Mr. GREENWOOD severely reprimanded her for he
of
duct. Ile said the•children from the workhouse sthhe cstko;o
continue under her care—she was unfit to have bac-
0f
any child. He would discharge them, and send the: ba:ot
the workhouse. Adams he would sentence to PaY,.•soo°
ss. and the value of the cabbages, or five days' itai„l
MOSivr
DEVONPORT INDEPENDENT-OFFICE, of
.'%lll
HALF-PAST Two P.3l.—The Archduke Constantino virsiJ..,
sia, son of the Emperor, landed yesterday front aPili°
74, now lying in the Sound. He is a fine young imtsi'r joo,
rently about 19. He visited the Port-Admiral' o'9
West, K.C.8., and afterwards Rear-Admiral Sir Samevipas
K.C.8., in the Dockyard. His Highness was accilruatt°;,-
by the Russian Admiral, and his Excellency Bar° t •Whe
the Russian Ambassador, with whom he lunched 0„p at the
head's Royal Hotel this day. The Archduke ptitsd-,iteoi
Royal Hotel, Plymouth, and the Ambassador nit tbe 0,31/
the Royal Hotel, Devon port. His Highness visits iced 1-00
and military departments to-morrow. He was recci, ita°
all the honoars due to his 'rank on leaving the ab
bier
landing. • etil •d 1
THE HERRING FlSUERY.—Providence 351 ucvid
sing thi-; part of the western coast with BestunexamP,`e tao.
in the herring fishery. On Thursday night the of 'it
A,6
yet had was made near Mutton Island, within a n Af
harbour, and the joy of the poor fishermen is ei,t,,r,6,111-e41170-
know not if other portions of the coast have bee ~
favoured, but the finest field is open at present f.or
, tor. no
chase of herrings in this market.—Galway J'zni"-a a ir-C.4
IDRAIIIM PACUA.—The list advices reccivleioveo-
- in date of the 9th instant, state that biZ,lre stclo
will leave' Leghorn on the 13th, on board the fsc-t
frigate, fur Genoa. After visiting that town Ibrabi-A grOf
will proceed to Toulon, the arsenal of which he base end
desire to see. He will arrive at Marseilles about tow j
the present month, and after a short sojourn at to gog
he will proceed to the baths of Vernet, where, it lI'S
he will pass the winter months.