Star.
London, England, 1831-04-19 00:00:00

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LAW REPORTS.
COURT OF KING'S BENCH—AIownaT, Aram la.
IMPORTANT TO SUROZONLTHR APOTHECARIES' COMPANY
V. RYLAND.

Mr. PLATT moved to set aside the verdict in this case, on
, the ground of a misdirection on the part of the learned judge.
It was an action against the defendant, a surgeon in Kent, to
recover penalties for practising medicine. The cause was tried
before Baron Bayley, at the last assizes for Kent,and averdict
found for the plaintiffs.
It appeared that a person named Hancock, being in the
last stage of consumption, applied to the defendant, who is a
surgeon of the Royal College, to save his life. The defen-
dant bled him with leeches, and sent him some medicine,
but made no charge. The question at the trial was,whether the
defendant acted medically or surgically. The jury, after some
consideration, asked the learned Judge whether they were
to understand the duty of a surgeon applied only to the cure
of external injuries? His Lordship stated to the Jury that
the practice of surgery was confined to external injury. The
Jury then said, " My Lord, under the construction of the
law your Lordship has laid down to the Jury, they feel it
their duty to return a verdict for the plaintiffs, because there
was no external injury in the case." Mr. Platt now con-
tended that the Judge had laid down the law of the case im-
properly, and that surgery applied to internal as well as ex-
ternal complaints. The faculty, he said, desired the Court
would lay down some rule by which they might know how
to practise. If the law was to remain as it had been laid
down in this case, it was impossible they could act.
Lord TENTEDDIN was not sure the law as laid down by
Baron Bayley was not too wide ; but the case on which the
verdict had been found was certainly not a surgical cue,
and he refused to disturb the verdict on that ground; but
there was another objection to the competency of a witness,
on which the court granted a Rule Nisi.
COURT OF EXCHEQUER—MoNDAY.

CHAMBERS •. NERNASCONI AND OTHERS.

It will be recollected that this cause was tried last term,in
which the plaintiff, the late banker in Bond-street, obtained
a verdict against his assignees, the effect of which, if not
disturbed, would be to invalidate the commission of bank-
ruptcy against Mr. Chambers. The foundation of the con-
clusion to which the jury came was that Mr. Chambers had
committed no act of bankruptcy.
Sir J. SCARLETT to day, on behalf of the defendants,
moved for a new trial, on the mound that there was ample
evidence of an act of bankruptcy, and also that the action
in its present shape, being for money had and received, was
not maintainable.

Their lordships ►ranted a rule to shoe• cause.
ARCHES' COURT—APRIL 18.

This being the first day of Term, Sir J. Nicziott, with
a great attendance of Doctors of Civil Law and Proctors
heard prayers.

MYTTOW Y. MYTTON.

The KING'S AD ;OCATI: stated that this was a suit
by Mrs. Caroline Mytton against Mr. John Mytton,
for a divorce by reason of cruelly and adultery. A
Commission had been opened for the examination of wit-
nesses, and had sat at several places. Mr. Gifford, the
brother, end also two sisters of Mrs. Mytton had been
examined at Albrieltton, together with Mr. Holyhope, the
attorney for Mrs. ‘Mytton, on the part of Mrs. Mytton. A
munition was now prayed to compel those witnesses to give
evidence on cross interrogatories for Mr. Mytton, on the
ground that the proctor for Mr. Mytton had not been able
to examine them on the commission. _

Dr. LUSIIINGTON opposed the motion, and contended,
that ample opportunity had been given for his cross-examina-
tion, and that it had not been taken advantage of.

PANORAMA OF THE BaITiSH
EIIIPIItE.
NEWCASTLE-UPON-TYNE, APRIL 16.
Nothing having yet been arranged with the operative colliers either
on the Tyne, or the Wear, apprehension is rather in e..emendo as to
the ultimate consequences, especially as seine of the pitmen bare been
committed to Durham gaol, for threatening to 3111111361 any of the
horse-keepers who should dare to venture down the pit for the purpose
of giving provender to the horses. This took place yesterday, at the
great Hetton Colliery, on the Wear. Information upon oath having
been tendered, two of the misguided men (the other ringleaders having
got out of the way,) were promptly seised and sent to prison, to be
dealt with according to law. The following collieries having bound
their workmen, (L e. the Hewers,) namely, Percy Main, Cox Lodge,
Willingtoo, Heaton, Burden Main, Benwell, Tantield Moor, Pentop.
Pike, Shield-row, and Beamish, it has been rumoured that the
proprietors of these several mines intend putting in force
the bonds against the pitmen so bound, if they still con-
tinue refractory, and keep from their work. In the event
of the Bound-men being willing to go to work, the coal-owners have
made ample arrangements for their protection. On the other hand,
should it, turn out that they are reluctant to do their duty to their mas-
ters, according to the articles they have subscribed, measures probably
will be taken to bring them to their senses by that coercion which the
law prescribes in such cases. It certainly is to be regretted, that the
gratuitous offer made by the magistrates of Durham and Northumber-
land last week, to mediate between the pitmen and the coal-owners, has
only tended to do harm, as the former have rather risen in their de-
mands than otherwise under the erroneous impression that the interfer-
ence of the magistracy was occasioned by their viewing the pitmen as a
body of men oppressed by the coal-owners, which, unquestionably, is
by no means the case. Were Ito relate all that is said here upon this
very important matter, my letter would be too lengthy for insertion in
your columns. In the course of a few days, I think, something will
occur to bring matters to a termination—let us hope in an amicable
way—for strong measures should only be resorted to in the last in-
stance, and when rendered indispensable to the protection of life and
property.—A Contemn:toxin..
MANCHESTER TIMES.
We have seen with much concern and no little astonishment that
M. Hunt, en resuming his seat in the House of Commons, after her
visit to Lancashire, asserted that a great reaction of opinion had taken
place here concerning the measures of reform, pivoted by ministers ;
that the county had recovered from its phreney ; the. people who had
believed that the hill would lower the price of bread, and lessen the
hours of labour, thought so no longer; and that all except those to
whom it was purposed to extend the franchise were against it. With
every allowance for the inaccuracy of reporting, atid willing even to be-
lieve that if there were any obscurity of expression on the part of the
spaker, there would be no great pains taken by the reporters to convey
the intended meaning ; making all these allowances, it is grievous to
think that he has made such a representation of the state of feeling here,
as excited loud and continued cheering from the bitterest amok' no'
merely of the present measures of reform, but of every reform. In
speaking of this representation, however, we will not adopt the language
we hear around us, and charge Mr. Hunt with wilted mis-statement
for the matter is not so much one of fact as of deduction, and it is un-
fair to charge as a wrong statement that whlco, properly considered, le
only an erroneous inference. Mr. Hunt, from what he has seen in Lan-
cashire, concludes that the people are decidedly against the reform bill;
we, from what we have seen, and what we see, conclude that although
it does not go their length, they are decidedly in its favour. and we
shall now state wherein we think he has erred in his conclusion, and
wherein we think we are supported in ours.
Mr. Hunt's visit, be it recollected, was a very hasty one. On
Wednesday he arrived in Preston, where he publicly addressed the In-
habitants twice, taking his leave the same evening. On Thursday be
addressed the inhabitants of Bolton, and on the same day entered this
town, and made his speech from his barouche on St. Peter's Fields.
On Friday morning be left this town, and arrived the same evening at
Birmingham. But the visit was not only hasty, but made under cir-
cumstances most unfavourable for ascertaining the state of public
The crowds be saw were not met for the purpose of mews-
awn ; they were not brought together as previous town's meetings
in this place. and at Oldham, Ashton Bury, and other places had
been, purposely to take into consideration the propriety of suppoeting
ministers In their intended measures, and at which consequently all
that could be said in favoir of or ageism those measures were likely
to be, as in fact they were, urged ; they were met solely for the pur-
' pose of hearing Mr. Hunt ; for the purpose of hearing one whose
punishment of two pore and a half's imprisonment foe attending a le-
gally convened and peaceable meeting, they considered as most cruel
and unjust, whose success at Preston they rejoiced in as a blow at
aristocratic nomination, and whose vote in the house against the fac-
tion which is opposed to ministers they regarded with hearty gratitude.
Here was no opportunity of expressing opinions at variance with his.
They had met not to speak, but to bear him speak ; and they sp.
plaueed the sentiments in favour of a broader reform than that which
is contemplated, as men were likely to do, who, without any alma.