The Sun.
London, England, 1852-11-11 00:00:00

CHANCERY.—ViMrS v. Vigurs..t—SEAßEB it. tab i.tik7tl4
BREA COPPER MINES, in CORNWALL,-and 2,3911. li. of the
opprfAL STUCK 01 the COMPANY of COFFER MINERS in
ENGLAND.
MESSRS. FAREBROTHER, CLARK, and
LYE will SELL by AUCTION, at Garraway's, on WED-
NEspAy, December 8, at 12, in Lots, pursuant to au Order of the
High Court of Chancery, made in the above cause, and with the ap-
probation of N. W. Senior, Esq., one of the Masters of the said Court,
SIXTY-ONE HUNDthRED POUND SHARES
ARE e
CARN BREA MINES,
in Cornwall, on which 151. per share has been paid, and no Maher
call is likely to be made. The affairs of the mine arc conducted upon
the Cost-book principle, and are paying a dividend equal to 6/. per
share per annum. Also
SUM OF TWO THOUSAND THREE HUNDRED AND
NINETY-ONE POUNDS FIVE SHILLINGS,
being a part of the Capital Stock of the Governor and Company of
the Copper Miners in England, entitled to a dividend next to the
Piteference Shares raised under an Act of Parliament of the 14th and
IVVictoria, 1651.
articulars may be had of Mesiri. Tilson Clark, and Morice, ga-
clton, Coleman-street, City ; at the said Master's offices, in smith-
ampton•buildings, Chancery-lane ;at Garraway's ; and at the (Alice.;
of McSSI'S. FAREBROTHER, CLARK, and I.vn, auctioneers and sur-
veyors, 6, Lancaster-place, Strand, London.

ATLASES—Colossal Globe, Leicester-:quare.
WYLD's FOLIO ATLAS ; containing 67 Maps,
with the Latest Information. 11/. Ils. half bound.
Wild's General Atlas of the World ; (Anita:llolg 40 Maps, Cl .Cs
halt bound.
Q.inrio Atlas of the World ; containing 52 Maps. 21. Its. 6d. half
bound.
yla's School Atlas ; with a copious Index. 12s,
•"lhese Atlases contain all recent discoveries."
On .1e in the co: ridor of the Mod.l of the Earth ; and at Charing-
cross, text door to the post-office ; and 2, al Exchange.

mAp..—Colossal Globe. Leicest-square.—Lately Published,
YLD's NEW MAPer of the WORLD, on
Mercator's Projection, containing the most recent Geogra-
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In case ; 31. 3s. on roller ; varnished and spring roller, GI.
GI. Gs.
ed.
The World ; one sheet, ifs. in case ; 1/. ls. on varnish
On sale in the corridor of the Model of the Earth; and at Charing.
cross, next door to the Post-oftice

---"---------
GLOBES,—Colossal Globe, Leicester-square.
\YYLD'S 12, -inch GLOBES, mahogany stands,
3/. ISs.; black stands, 3/. 155.; chair high, Terrestrial
and celestial globes of every description, from 2 inch to 36 inch in
diameter. For sale in the corridor of the Model a
a the Earth ; and
at Finning-cross, next door to the Post-office;and at 2, Royal
Exchang c-
S(.71100L MAPS.—Colossal Globe, Leicester-square.
NEW MAPS of EUROPE, Asia, Africa,Amerlea.
Englalid, and Wales, and Ireland, in four sheets, size 5 feet 7
inches high by, .3 feet 6 inches wide; in sheets, 6s. ; on rollers, vs:-
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at Charing-cross,. next door to the Post-officoe ; and 2, Royal Ex
change.
_.__._---...--w............i.in-•.•w."'"'"'"

LAW INTELLIGENCE.

COURT OF CHANCERY.—Nov..IO.
(Bsfe for:, the Lords Justices.)
EX PARTE oLDFIELIY .RE OLDFIELD (IN BANKRUPTCY).
This was a petition by Mr. Jesse Oldfield, complaining
of the decision of Mr. Ca.ammissioner Evans, under which
be was adjudicated a bankrupt. The point, which ap-
peen d to be one of novelty and importance in refetsrn
to the construction of the Rankrupt Law Consolidation
Act, was the following :-42,-. Oldfield was summoned
for a debt of 122/. ; he appearet' before the commissioner
and admitted 112/. to be due, bet as to the 10/. residue
I swore that he had a good defence on the .merits. He did
not pay the 112/. at the end of the seven days, and the
Commissioner not requiring it, he did not give a bd
for the amount. The Commissioner treated this pro-
ceeding as an act of bankruptcy under the 8241 section
of the Act ; and the point was, whether this dedsion was
correct. The section in question provides that' if any
such trader so summoned as aforesaid shall upon his ap-
pearance sign an admission for part only of such domand
in the form aforesaid, and shall not make a depositi an in
the form aforesaid that he believes he has a good deft Nue°
upon the merits to the residue of such demand, and (if
required by the court so to do) enter into such bond vs
aforesaid to pay such sum or sums as shall be recovered,.
together with such costs as shall be given in any such action
as aforesaid for the recovery of such residue, then and in
such case if such trader, as to the sum so admitted,
shall not within seven days next after the filing of such
admission, pay or tender, and offer to pay to such
creditor the sum so admitted, or secure or compound
for the same to the satisfaction of the creditors,. and
as to the residue of such demand shall not within s even
days after personal service of such summons, or within
such enlarged time as may be granted to him in that
behalf, pay, secure, or compound for the same to the
satisfaction of such creditor, or enter into a bond in
such sum and with two sufficient sureties as the cou:t
shall approve of, to pay such sum as shall be recovered
in any action which shall have been brought,he sa or shall
thereafter be brought, for the recovery of tme,
together with such costs as shall be given in such action,
every such trader shall be deemed to have committed an
act of bankruptcy on the eight day after service of such
summons, provided a petition for adjudication of bank-
ruptcy shall be filed against such trader within two
months from the filing of such affidavit.
Their Lordships said that they could not annul the
adjudication on the materials before them, but if it was
desired by either of the parties, they would allow an
aotion to be brought, which would raise both the ques-
tion on the erection of the Act and on the facts as to
keeping house.
lan Oldfield's solicitor having signified his acceptance
of their lordships' offer, an action was (Mooted to be im-
-1 me iiately brought, is order to try the whole case.
(Before Sir Richard Kindersley.)
PETRE V. LORD PETRE.
The bill was filed in this case for the purpose of re'
,covering the rectory of Brayton, in the perish of Selby,
11 Yorkshiee, being leasehold tithes, held for lives re-
ra,wable for ever. The leasehold formed a part of the
tor:prrty of Lady Stourten, who by her will devised
It, 'with lands in Yorkshire and Lancashire, to her
grana'son, the ninth Lord Petre, for lite, with remainder
to El-I:in-:a to support contingent remainder, with re-
mainder amf.,-og such of his younger ions as ho should by
deed and will ,appoint, and in default of appointment, to
younger sons in tail male. Her will directed that the
leaseholds Low in epeestion should ho settled in the same
manner. On the 9tlr and 10th January, 1788, Lord
Petrel settled the propee-tY, including the leaseolds,
thin
pursuance of the trusts o.' lads
nth Lord Petre appointed,
octets accordingly. On the
Stourton'a will,hand e
estates were conveyed to ta u
11th of January, t 788, the nt.
ln's will, the freehold and
under the power in Lady Stourt.
G., •orge William Petre. On
leaseholds to his younger son,
winonLordPetre's second
the lath and 15th January, 1788,
marriage, George William joined iiis father in making a
settlement upon the children of th e marriage of the free-
hold estates. The leaseholds, how' ever, which form the
subject of his suit, were not include, i in such settl.
On the 9th and 10th June, 1803, the tenth Lord Petro
conveyed the leaseholds to Lord Stourtt ,r 1 and Sir Thomas
Throgmorton, upon the trusts declared ' by the deed of
1788, which was executed for the purpose, ,of giving effect
to the provisions of Lady Stourton's wi,1... The lease-
holds subsequently were dealt with on seeoccasions
as if they had formed a part of the propel %y comprised
in the settlement to which George William 'Petro was a
party upon the occasion of his father's neon( t marriage.
They had passed hitherto as if they had be 'en s° in;
eluded, but the plaintiff, who was the dent widant,°`
George William Petre, had recently discovered I*be Ims-
,ake, and now sought to recover them.
The case was not concluded when the Court rot e•

COURT OF BANKRUPTCY.—Nov. to.
(Before Mr. Commissioner Goulburn.)
IN RE JOSIAH BROCKWELL.
was deferred.
robaadn-karturepett.carHrieedn::'
tifiTcahtee,bwanhkenrujputdgamppelnietd a few days since for his Ct Vm
oansouarto-
butHsiniseslis
asks for his certificate. The hearing of the case wall
postponed in order to ascertain what the property given
merchantda y sa
ii dn
' —0
11'd 11-13
up by the bankrupt would realize. It turns oat that the
property given up will realize about two-thirds of the
amount the bankrupt estimated it at. He put it down at
7721. I believe it will realize about 5001. This is one
of those cases which places the Court in a very trouble-
some position. The Court is often placed not only ill
the situation of judge, but is also obliged to ascertain the
motives of the trader whose conduct is in question. That
eb be
hascbceeeleveg sin
bge c a m 0
is peculiarly the case on the present occasion, for the
main question is, what was the intention or motive of
Mr. Brockwell, when he ordered several parcels of goo i, •
immediately before his bankruptcy, two of which paris
were from the trade assignees, who opposed his applies;
tion for a certificate. The assignees, indeed, oppestigSle
two grounds-Ist, upon the general' mieconcdiu ; I
bankrupt as a trader; and 2dly, upon a
isepsed
viz., that when the bankrupt was 01! fi cccha
involved,e
h diteors, le obtained
when he could not hope to pay, ft
H© was insolvent in 1842
on in the most recki as
becPnr in the habit of indulg-
sorry to say the bankrupt has
the case are as unfavour-
g consigningoo dsa nd then
the
them
immediately eedtibaetersly4a i ti3daecntreioeneewy
huipe
ho n
It hame m
tboyo
ing. Thn general loatuTesd
security in a bond
I
If - d his e
e impute stoppage in
and imprudent manner.
.an ableand sinceas
can
thou well
h
bor of bills being returned uon him—for
1842 to a num
ho kept himself going by a s
it appears that
accommodation bills.
for 5,000 L, which was one of the main causes of his r ' •
For years, it seems, he was in a state of hopeless insol-
and avoided failure by the unif
M
yennY,O mode I have
already stated. lie went on till ho could go on no
ionizer, and his estate will not now realize
Awing in the pound. For these reasons, his Honour did
not think he should be justified in
beyond a third-class certificate, but granting anything
that would be suffi-
cient to carry protection.

IN RE J. H. MORRIS.
The bankrupt, of Staple-street, Bermondsey, and King
William•street, Strand, indiarubber pavement manufac-
turer, and rectifier of naptha, applied for his certificate.
The accounts, prepared by Mr. Butler, of Basinghall-
street, show the debts to be 3,5971; assets, next to
nothing. The profits had been 4901.; trade and other
expenses about 2,300/.
Mr. Beard (from the office of Mr. Buchanan) appeare(!
for the assignees, and stated that they did not oppose;
on the contrary, they were desirous the bankrupt should
receive a certificate immediately.
cerltiari.nHit.eLmisn,klater, for the bankrupt,
chaervtiinfignetzepolait ntchde
His H-mour granted an immediate
third class.