The Sun.
London, England, 1839-12-25 00:00:00

LA W INTELLIGENCE.

VICE-CHANCELLOR'S COURT, Dse. 24.
His Honour the VICE-CHANCELLOR was occupied
the greater part of the day with hearing the arguments,
in his private room, in the cases of Searle v. Gray and
Ibbotson v. Ibbotson.
BENTLEY V. WILLIAMSON AND OTHERS.
Mr. K. BRUC➢ applied on behalf of Mr. Bentley,
for a special injunction to restrain defendants from
the publishing, in a periodical, the work called " Sam
Slick, or the Clockmakcr." The copyright of the work
in question, which was written by Judge Halliburton,
belonged to the plaintiff, who, a few days since disco-
vered that part of the work had been pirated by the
defendant, who had advertised his intention of com-
pleting the work in two more numbers. Under these
circumstances, the plaintiff, for his own protection, was
obliged to make the present application.
His HoNouß granted the injunction.
It is gene-ally understood that the Court will not sit
again till the first day of Hilary Term.

ROLLS' COURT, DEC. 24.
The MASTER of the ROLLS was occupied the whole
of the day with short causes and petitions, which were
devoid of any feature of public interest.
The Court will not sit again until the first day of
Hilary Term.

INSOLVENT DEBTORS' COURT, DEO. 23.
EXTENSIVE BREACH OF TRUST.
Archibald Torry, whose case had been before the
Court on several occasions, appeared for judgment. He
was opposed by Mr. Nichols for a Mr. James Torry
Douglas, his nephew, and was supported by Mr. Cooke
(with whom was Mr. Woodroffe).
The insolvent had been land steward and secretary to
the late Earl of Buchan, and claimed a considerable
sum under his estate. He was likewise a creditor of
the late Lord Cardross, who had married his daughter,
and claimed a large sum. These two sums exceed his
own debts, which were set forth at upwards of 2,0001.
His nephew, James Torry Douglas, had been found by
the examiner of this Court, to be a creditor for some-
where about 1,6001.
A question was raised on the part of the insolvent,
and the judgment was deferred until the Commissioners
had been consulted on the point.
The insolvent to-day addressed the Court, stating
that he had been pursued by his nephew in the Court
of Chancery, the Courts of Scotland, and this Court.
He referred to the decision of the Recorder of London,
in the case of the Marquis of Huntly, that a person
could be only sued in one Court ; but he (the insol-
vent) had been sued in three. He showed that his
claim against the late Earl of Buchan would be shortly
paid, and also his claim from Lord Cardross's estate. He
was, therefore, not insolvent.

Mr. Commissioner BowsN gave judgment. He ob-
served that the opposing creditor was perfectly justified
in this case in pursuing the insolvent in the several
Courts, in order to recover his claim against him. He
had consulted his Learned Colleagues on the question
raised, which was that the insolvent could be remanded
on the opposition of Mr. James Torry Douglas, as his
mother, the late Mrs. Douglas, was the real creditor
and he was only the administrator, and no breach of
trust had been committed against him. His Learned
Colleagues were of opinion that Mr. James Torry
Douglas was as much a creditor as administrator,
and stood in the same position as his mother would
have done were she alive. It would have been gross
injustice to have arrived at any other conclusion.
The insolvent had committed a gross breach of trust.
In 1835 his- brother, John Torry, died almost sud-
denly, withola a will, and the insolvent and Mrs. Janet
Douglas (the mother of the opposing creditor) were
entitled to the property. The insolvent was allowed
to take out letters of administration on his promise to
divide the assets. He had received about 3,200/., and
only 631. had been paid on account of Mrs. Douglas or
her son. He (the insolvent) had appropriated the
money to his own use, and it had been contended that
he had more owing to him than he owed, and was not
liable to be arrested, because the creditors would be
paid. The argument was perfectly new to the Court,
and as well might it be said that a person indicted for
felony was not to be punished because the property
had been recovered. This insolvent had kept the
parties four years out of their property, and the judg-
ment was that he be imprisoned at the suit of the op-
posing creditor for a period of sixteen calendar months
tor contracting his debt fraudulently, by means of a
breach of trust.
POLIC.E INTELLIGENCE.

MANSION HO USE.
DECK LOADlNG.—Alderman Copeland appeared at
the Mansion House, for the purpose of requesting that
the Lord Mayor would, as Conservator of the River
Thames, issue directions to the harbour masters to re-
port all vessels that should come into the port of London
deck loaded. Alderman Pirie was sitting with the
Lord Mayor at the time. Alderman Copeland said that
he was led to make the application in consequence of
the fact, that notwithstanding the passing of the Act of
the 2d and 8d of Queen Victoria, cap. 44, entitled. an
Act to prevent ships clearing out froni a British North
American port loading any part of their cargo of tim-
ber upon deck, many captains of vessels still continued
that practice. That Act, which was brought into
Parliament by Mr. Palmer, was calculated to do great
good by preventing great mischief. The loss of life
which, according to the evidence before the Committee
of the House of Commons, was occasioned
by the practice of deck loading, was prodigious,
and exceeded he believed any other casualties at sea, and
common humanity demanded a powerful effort from
every man to put an end to a system which it would
seem, from what had been recently stated, even defied
the law. A letter appeared in the Cork Constitution,
which showed that there were persons who were deter-
mined to continue the practice, notwithstanding the
penal enactment. After reading the letter, he said,
the subject was one which had the strongest claims on
humanity, and which, at the same time, appeared to
require, in a paramount degree, the interference of the
Chief Magistrate of this great commercial city. He
trusted his Lordship would take the most public means
to issue directions to the officers of the Conservancy to
see that the Act was not violated.

Alderman Psaza said that-Alderman Copeland had
previously expressed the opinion, which he (Alderman
Pirie) entertained on the subject. He had had a long
experience of matters connected with the loading of
North American traders, and he was convinced that the
deck loading in the late season was disastrous in the
most frighful degree. The loss of life was in fact incre-
dible to those whose business was not associated with
commercial enterprise. Vessels became, by being deck-
loaded, water-logged, and went down. In many cases
the deck,cargo shifted to leeward, and it was impossible
to work the pumps, and in the late season the dangers
were invariably increased in consequence of the severe
weather.

The LORD MAYOR said he was glad that Alderman
Copeland applied to hirn upon a subject of such mo-
ment. He had seen the evidence taken before the Par-
liamentary Committee on the subject, and certainly it
formed the most powerful ground-work for the Bill which
had been introduced.

Alderman COPELAND begged to refer to some points
of that evidence. He then read parts of the evidence
of Mr. Somas, Alderman Pirie, and other great ship-
owners. Mr. Somes said a groat loss of ships is occa-
sioned by bringing home deck loads in the winter
season. Forty or fifty tons on deck require correspond..
ing quantity of ballast at bottom. They are so deep
when scudding in a gale of wind, they cannot steer
within three or four points of the compass. I think
ships ought to be subjected to survey before they go
to sea. There are many in the timber trade which are
not sea-worthy. From their defective state they will not
have them surveyed, nor classed in the books. The
principal cause of the loss of ships in the timber trade
in the sea is the badness of the ships and the
deck cargoes. I think there ought to be an
Act of Parliament against taking a cargo on
deck. I know the loss in American ships occa-
sioned by heavy loads. In taking a deck load a ship of
400 tons may have from 40 to 50 tons weight on the
upper deck. To keep the ship on her legs she must
carry a corresponding quantity of ballast, that brings
a ship so deep in the water that she is not seaworthy.
I have seen them many times come into the Thames in
that state.

Alderman PIRIE said that there could be no doubt of
the accuracy of the testimony, and the same authority
agreed with him that the owner lost by the practice
of deck-loading, by the enormous wear and tear, and
loss of life most particularly. The owner had to pay
extra insurance, and extra wages to the men for going
into the trade. Supposing that he got 40 loads on deck
at 21. per load, he lost more than that additional freight
in wear and tear, which he could not recover from the
underwriters. He (Alderman Pirie) hoped that those
who were disposed to evade the law, would be informed
of the danger.

Alderman COPELAND said that ho could scarcely sup-
press his indignation at seeing the latter complaining of
the law which was so admirably calculated to save the
lives of thousands of our fellow creatures.
The LORD MAYOR said he should at once issue orders
to the Harbour Masters upon the subject.

BOW-STREET.
Yesterday Anne Browne, the servant who was charged
on the previous day with plundering her master, Mr.
Holden, of Bath-terrace, Camberwell New-road, of se-
veralof jewellery and wearing apparel, was
final examination.
b r
e Mrs.ug h articlest
Holden,the prisoner's late mistress, stated that
she had been in her service only a fortnight; and on
her return from chapel last Sunday, she found the house
in great disorder and the prisoner absent. On making
a search up stairs she discovered that a drawer had
been broken, from which the purse produced, containing
seven sovereigns and other monies had been abstracted.
Witness identified all the articles produced as her pro-
perty, and that of her husband, and they had been safe
at the time she left the house.
Evidence was then given in support of the charge,
and the prisoner was fully committed for trial.