Lord Denman delivered judgment, in the Court of Queen's Bench,

on

Saturday, in the ease of Mr. Baines. The defendant, it will be remem- bered, had allowed judgment in the Ecclesiastical Court, for non-pay- ment of church-rates, to go against bins by theletlt ; and be was brought before the Court of Queen's Bench under a writ of hdreas corpus. The objections taken on his part against the original proceedings were chiefly of a technical kind ; and they were disallowed by the Judges, who ordered that the defendant should be remanded. On one point of objection, which was slot of it technical nature, Lord Denman observed-

,' The second objection was upon a party lacing in contempt, and condemned

in a church-rate rind the costs. An objection was strongly urged against this proceeding, it being said that it was against natural justice and against ninny authorities, that a party should be condemned in contempt for not appearing, and sentenced to the whole effect of what was sought against hills. We do not accede to that doctrine: we think It depends entirely upon circumstances whether or not a party may he so proceeded against ; because if he has hilt no- tice, and has the opportunity of attending when summoned, it is in vain tor him to say he has been treated unjustly by reason of the Court proceeding in his absence to do what they thought they were bound to do—to sentence him to pay the rate which he laid been sued i'or, and the costs. And, without en- tering into the particular authorities quoted, there is none which goes the length of saying that there is any thing upon general principles to prevent the Court from proceeding in the absence of a person, when the absence is in con- sequence of the voluntary conduct of the defendant himself."

Applicaion was made in the Court of Chancery, on Tuesday, in

Mr. Baines's case. The decision against Min in the Court of Queen's Bench, it was observed by Mr. 31. D. Hill, who appeared on Isis behalf, did not prevent the prisoner from applying to every Court in West- minster Hall, ir he thought proper. The principal point urged by counsel on application far the habeas was, that the Court of Arches had proceeded to pronounce judgment against Mr. Baines in his absence. The Lord Chancellor granted the writ, and ordered the argument on the return to be taken next Tuesday. It is arranged that Mr. I3aines shall not be brought front Leicester, as it has been agreed to argue the matter in his absence as if he were present.

In the Court of Queen's Bench, on Thursday, a verdict -with 32/. damages was given against a Trinity pilot, for sinking a coal-barge in the Pool, by the swell of the steamer which be was navigating down the river at the unlawful speed of eight miles an hour.

In the Court of Queen's Bench, yesterday, an action was tried against the Earl of Thanet, as the drawer of two bills of exchange for 6581. and 465/. 13s., dated so far back as 1502. The de-Fent:tut, then Mr. Henry Tufton, was in France at the time Bonaparte imprisoned all the English, and was not liberated till the peace. The drawer of the bills—Mr. Waters, the former lessee of the London Operabouse—had got the defendant to sign an agreement, that, in consideration of not pressing for payment, he would not set up the statute of limitations. The agreement was proved -and the Jury returned a verdict for the plaintiff,

to the amount of 3,237/. x. Td. for principal and interest. •

In the Court of Exchequer, on Monday, Mr. Barker, the proprietor of" Atkinson's Infant's Preservative," had a verdict, with one farthing damages, against Mr. Hollier, who, it was alleged, had sold a spurious preparation, purporting to be Atkinson's. The labels and bills of the defendant were close copies of those used by the plaintiff, with the addition, in very small type, of " late" before the name of Atkinson's Infants' Preservative. The Jury were two hours before they could agree in their verdict.

The Court of Common Pleas was engaged the whole of Tuesday and Wednesday with the trial of the case of Mr. Shrewsbury, an attorney, against the Board of Di-ectors of the Wheal Brothers Mining Company, for compensatioe for injury which it was alleged he had sustained by fraudulent representations, which induced lii iii purchase seventy shares in the company. It appeared that about the beginning of June 1535, Mr. Harrison, one of the defendants, was empowered hy Joseph Malachi, the projector of the scheme, to form a eon:pally for working the Wheal Brothers Mine, of which Malachi had a lease for twenty-one years, upon the terms that I larrison should receive fifty new shares, at the rate of 20/ per share, for disposing of four hundred and fifty shares at the same price. • The Company was formed, and received a transfer of Mr. Malachi's interest in the mine ; and immediately declared a monthly dividend of 1/. 10s per share, or IS per cent. per annum, upon an agreed capital of limetoot, front the profits of the mine. Six monthly dividends were accordingly paid with great regularity ; and the value a the shares rose in the market to between 33/. and -10/. The last dividend was pnid on the 30th December le:15 ; and, no more being. fiarthcoming, the shares began to fall. NS Inle they were in a deprs ssed state, the plaintiff in August in the following year, bought seventy shares, paying for forty of them 3i. per share, and 6/. for twenty, and la for tell of the residue. The dividends which were paid on the shares, amounting to 11,000/, were paid by 31:ffichi, whom the Company had appointed their mining agent ; but it appeared that the first three di1 v.t.enus were pro- vided for by Malachi on the security of the Ore raised from the IIii110, and that he Was only induced to advance the money t' or the other divi- dends on the urgent remonstrances of Harrison, who stated, that if the dividends were not paid, the shares would fall, and that this would be ruinous to the Company. It did not appear, believer, that :my other of the Directors had participated in these remonst Faucets, or sold any of his shares; and it was proved that. eVell IlarriSsal had purchased more than be had sold. It WAS Shots also that the Directors laid all the informa- tion which they received before the shareholders; that the shareholders themselves, at a general meeting held subsequently to the payment of the last dividend, approved of the couduct of 31alachi, the mining-agent; and that they hail received not only from Malachi, but from minins captains of greet experience, a most favourable account of the capabi- lities and prospects o'f the mine. It being found impossible to carry it on without some money, a call was made- of 1/. per share, for the pur- pose of procuring proper machinery ; leo the 2.500/ raised by that expedient wes found to he insufliciv to. ; and in No% ember 1837, after a general no etting had been held, the initie ceased working; and some time afterwaels, the lerd, 3Ir. Worth, entered for a forfeiture. The Jury returned a verdict ler a!! ;lie defendants. Judgment given ia the Court if Banto-ny. on Tuesday, in the

ease of !lichee'. Loss , tIn Secretary an.1 Mn. e • •:: the Imperial Bank if England, e Lich !",7: • 1 • lanehester. The

ease had beee a-ljoilre.••■• mile his private

account, and lent not shee net in his power to show, the at:comes or letek. Mr. Com- missioner Evans. on Tues.1,,e. • bankrupt ; and

decided that lie could not lar twill the

account of his trausaetions with t • .• lered. The Com- missioner observed-- tl.tee t'or a Com- " It appears to nte, that it would he . t• hen he does

mistioner c,,c;ii.Y h•O a holt:rapt •

s .

not give any aecwint of the Ver.V partmr, lap ss:I made bank rapt. It has been ttr;.,-ticd, that if my view be the •• -.. it would be ne- . i,•Ht -stock, or

CCSiflry c"r a I ;trh-ort ,11,1 ars tome

solvent banking campanie,„ to -et lila all Ile, ••

. -he no the to he no analogy in the O .s (W alai in the soh•ent partners have a right to eel ••

Sue they would I am, there- the bank- . edompt was . :et is manifestly ,•,:rf. of the bank; creditors without

case of only !maim; den. ••-•, the st. - •-•• produce in the ni-id. is that i, 11 • fore, clearly of 01W :t , ;.• lee.t -•

rupt. There tai,.d.t • t. -•• merely a sharekolder, %s he had Ti 555 5!' the telly person who can give it se and it would he monstrous to di,rharge !din ;rem 12 • his giving them any account." The final examination of the bankrupt was :t•.;,,tirned site X.-, with leave to make a further application to the Court when he is ready with his accounts.

A trial for criminal conversation It, dc place in the Sheriff's v'ourt yesterday. The plaintiff is Mr. NVakelield, a banker ia OH Broad Street ; the defendant is 3Ir. Sothers, who had chambers at Clifford's Inn and in the City. A separation had taken place between the plain- tiff and his wife, owing to change of temper. prothmeul by her estrange- ment from hint by the defendant. She went to 1Vce. thing; where the criminal intercourse was discovered. The Jury gave a verdict for the plaintiff, with 7PPIt. damages.