The Sun.
London, England, 1827-01-31 00:00:00

COURT OF KING'S BENCH.

The Grand and Petty Juries for the Middlesex Sessions were
sworn in before Mr. Justice BAILEY, this morning.
Mr. Neat, on being called to give his assistance on the Grand

Inquest, stated that-he was Under Messenger to Mr. Canning;
had returned only two days from the Continent, and that he ex-
pected every day to be sent out again on the business of Govern-
ment ; he therefore begged of the Court to excuse his attendance.
r Justice was dispensed
Arin Being sworn as to the truth of the above statement, his future at-
tendance with.
e
Mr. addressing the Grand Jury, observed,
that the two last Grand Juries had made presentments to be ac-
commodated
in.so (fir. Justice
me oreco nre p
t p]
aa
iciee
yt) h d
ha n they hadeaset
laid thpresentments before the Secretary of State, from whom he had
several communications on the subject ; yet, he was sorry t
present fositting with
o say,
that nothing had been as yet done to remedy the grievance corn-
plained but he received a letter from the Secretary of State
of,
last night elating, that the absence of the Chancellor of the Exche-
quer from town was the cause why no effectual step had been taken
in compliance with the presentments ; but he was satisfied that
there would he no occasion for a third presentment, as the Nome
Secretary had every disposition to accommodate them.
THE BLESSINGS OF THE GAME LAWS.
Mr. IlurcnnisoN applied yesterday to the Court for au order to
he directed to the Magistrates of the county of Norfolk, calling on
there to bail Thomas Pallant, a farmer, who was committed to
prison, on a charge of having feloniously slain the Rev. Mr.
Whitear. It appeared by the several affidavits which were put
in support of the applications that the prisoner and the deceased,
belonged to a party who went out on some night in November
last, in search of poachers, and having separated, they afterwards
mistook each other for the game which they were seeking for, and
fired at each other, the result of which was, that the prisoner was
wounded, and Mr. Whitear killed.

Mr. HurcmittsoN subMit;;;;;lat as the prisoner had mistaken
the deceased for a poacher, it was evident that he had not been
actuated by malice, and that consequently he ought to be admitted
to bail.

?tilt. Justice BAILEY—Even if he had killed a poacher would
it not be murder? the law implies malice where a poacher is
killed without provocation. How to act in this cave I find come
difficulty, on which I wish to consult my brother Judges.
On entering the Court this morning, Mr. Justice BAstLizz ad-
dressed Mr. Hutchinson, and maid that the prisoner might he
admitted to bail by giving security, himself in 2001., and four
others in 1001. each.

apuf rs Brightonuatice to an Act pawed,
KING'S WARRANT.
The Loan Cum JUSTICE, on taking his seat, handed to the
wclearskraeawd.arraint t Isreotmohuit_all.ltai,jeatstyin, dtei
Jan. 29th,which
in the present reign, relating to the business of the Courts
of Justice, the Judges. might sit to hear and dispose of
motions from Tuesday the 13th of February next, until
Friday the 23d, and from Wednesday the 25th of April,
until Tuesday the jot of May. His Lordship said that in pur-
suance of this warrant three of the Judges would sit in Westmin-
ster or Sergeant's Inn on the days stated in the warrant.

COURT OF COMMON PLEAS. GUILDHALL.

(SITTINGS IN DANCO.)

Lownsa tl. Kamp.
The plaintiff in this sass held certain premises under lease from
the defendant, which contained a clause that in case the premises
should be accidentally destroyed by fire or otherwise, the defendant
was bound to reinstate them in the same condition they were in
before such accident. When the plaintiff obtained possession, the

premises Were in a very dilapidated state, and he laid out,
under the defendant's inspection and approbation, a consider-
able sum in improving them. Some time afterwards an ac-
cidental fire destroyed the premises, and the plaintiff hav-
ing brought the present action in order to enforce im-
plement of the above clause, the defendant contended that he was
only liable for the premises as they stood at the time of entry, and
not for the improvements. A reference was made to an arbitra-
tor to ascertain the value, who estimated them as they originally
stood at SOl., but with the improvements at 2bol.
Mr. Sergeant VAUGHAN, for the plaintiff, now submitted that
the defendant ought to be found liable for the improvements, in as
much as they were made under his inspection, and therefore moved
for a rule calling on the defendant to chew cause acccerdingly.—
Rule granted.

HIGH COURT OF ADMIRALTY.
(Before the Right Honourable Lord STowEL.)
DEMERARA AND BERBICE.

This ease, arising out of the bankruptcy of a prize agent, was
now called upon for argument. It involved questions of great im-
portance in point of principle. The capture was made in 1796,
and the houses of Paton and Grenfell, and Cook and Halford,
were appointed prize-agents. Cook and Halford were agents for
the navy, and Paton and Grenfell for the military part of the
expedition. Mr. Paton became a bankrupt in 1821, whilst a
considerable sum still remained undistributed ; and the Treasurer
of the Navy now insisted that all the agents were liable, and
called upon them severally to snake up the deficiency, and distri-
bute the sum due to the captors. The question now came before
the Court, to decide whether Mr. Grenfell, the co-partner of the
bankrupt, or Messrs. Cook and Halford, were liable in the first
instance.

Dr. JENNER, on the part of Mr. Grenfell, argued that the
two houses became responsible originally, and that the division of
duty, the one party becoming agents for the navy and the other
for the military force, was a mere matter of convenience, as the
two houses undertook a joint responsibility. Before any part of
the sum now deficient had been received by the house of Paton
and Grenfell, Mr. Grenfell withdrew from the concern, and, in
point of fact, never received any benefit from the agency, as ap-
peared by his affidavit.
Sir C. Roairrsorr—lf he did not receive any benefit, it was from
his own negligence. His name was inserted in the power of at-
torney, which was regularly registered.

Dr. JENNER resumed.—Mr. Grenfell certainly was named in
the power of attorney, but he took no share in the tranhaction._
Messrs. Cook and Halford originally received the money, and paid
a part to Mr. Grenfell, and not to the house of Paton and Gren-
fell; for it was well known that previous to that period, Mr.
Grenfell had withdrawn himself from the partnership. Under
these circumstances the Learned Counsel submitted, that Mr.
Grenfell was not liable.

The KIXO'll Anvocavi said, that the question which this case
involved, was most important as a principle, and a point of prac-
tice. He contended, that as the house of Paton and Grenfell had
originally undertaken to act as agents for the captors, all the
members of that house were equally liable, and that it was im-
possible for any one of the members to absolve himself from such
a responsibility. In the case of. Tarragona, the principle was
fully argued, and the Court decided, that the original unity and
community of purpose and responsibility rendered all the agents
liable.

Dr. PXILLIMORE, for Messrs. Cook and Halford, submitted,
that it would be monstrous, that the agents of the Navy should
be called upon to make good a deficiency created by the bank-
ruptcy of one of the agents for the Army, whilst the co-partner
of that agent was alive, and in solvent circumstances.
Dr. Lusurworow followed on the same side.
Lord STOWEL said he was clearly of opinion that Mr. Crenfell
was answerable in the first instance. It was for him to consider
afterwards whether' there were any means by which Cook and
Halford could be made to bear a share of the responsibility, but
they certainly were not the first marks to be shot at, as Mr.
Grenfell was at hand and liable. As he had before stated, some
complaint had been made of the extraordinary delay which
had taken place, but upon looking earefully into the circumstances,
he was pleased to find that it did not rest with any person con-
nected with that Court. It was attributable to the difficulty
found in realising the produce of the capture, which was aggra-
vated by differences between the claimants.

A eonveraation then arose relative to the costs, and it was
finally agreed, that all the costs incurred should be paid out of the
fund, with the exception of Mr. Grenfell's, which are to be paid
by himself.—Adjourned.