The Sun.
London, England, 1839-01-19 00:00:00

THE SUN, LONpON, SATURDAY, JANUARY 19, 1830.

LAW INTELLIGENCE.

COURT OF CHANCERY, JAN. 18.
LORD MOSTYN V. BURDEKIN.

This was an appeal from the Master of the Rolls, opened on
Wednesday.
From the evidence it appeared that the Newton branch of
the Manchester Bank bad refused to make one of their custo-
mers, named Pugh, any further advances without security, and
that in January, 1834, ['ugh, in consequence of this intimation,
brought to the bank a promissory note of Lord Mostyn's for a
sum of 2,500/ for which he received cash, after having en-
dorsed it. The note was payable in three months, but tlt
bank made no demand from Lord Mostyn, in consequence of
their opinion of his solvency, until July, 1835, when they
wrote to his Lordship on the subject. Lord Mostyn, in reply,
staved his opinion that Mr. Pugh was responsible for pay.
meet, and promised inquiries ; but the bank hearing nothing.
of the result of those inquiries, coin:re:wed an action, and his
Lordship then filed a bill, obtained an injunction, and at the
hearing a reference to the Master to inquire whether the
bank had given Pugh time for payment, and whether any and
what dealiegs had taken place between Pugh and the bank
subsequent to the period when the note became due, as any
egreement fer delay would exonerate Lord Mostyu, who
alleged that he was merely a surety. It was now contended,
in support of the appeal, that the action at law was the proper
method of disposing of the question between the parties, and
that all evidence of dealings between the parties would appear
before a Jury in a manner much more satisfactory than if the
inquiries proceeded in the Master's office.
The LORD CHANCELLOR thought the order of the Master of
the Rolls for a reference was quite right, but his Lordship
added to the order of reference the further inquiry of whether
the note had actually been paid by Pugh, as Lord Mestyn
alleged that payments were made by Pugh after the note be-
came due, and that although these payments were tint appro-
priated to any particular debt, they ought to be held applicable
to the payment of the note.

BAIL COURT, JAN. 18.

POLLACK V. LAWSON.

Mr. HUMPHREYS said that the action in this case was
brought for a libel alleged to have been published in the
Times newspper, and that his present application was for an
order to stay the proceedings until the plaintiff had given Se -
c uri ty for costs. -The plaint;ff had resided for more than six
years in New Zealand and other parts abroad, and as his re-
sidence was unknown to the defendant, it was supposed that
his proper place of abode was not within the jurisdiction of
the Court. Upon these grounds the Learned Gentleman
submitted that the plaintiff ought to be required to give the
usual security for costs.
Mr. Justice PATTESON said that unless it were shown that
the plaintiff was about to leave the country, he could not com-
ply with such an application.—Motion refused.

FROM LAST NIGHT'S GAZETTE.

BUCKINGHAM-PALACE, JAN. 17, 1839.

This day had audience of her Majesty, Monsieur Galrao, Envoy
Extraordinary and Minister Plenipotentiary from the Emperor of
Brazil, to deliver his letter of recall.

To which he was introduced by Lord Viscount Palmerston, her
Majesty's Principal Secretary of State for Foreign Affairs, and
conducted by Sir Robert Chester, Knt., Master of the Ceremonies.

WAR-OFFICE, JAN. 18.

4th Regiment of Foot—Lieut. T. Burke, from the 20th Regi-
ment of Foot, to be Lieutenant, vice Evelegh, who exchanges,
Jan. 18.

15th Foot—Lieut. J. H. Wingfield to be Captain, by purchase,
vice Hope, who retires ; Ensign F. Colborne to be Lieutenant, by
purchase, vice Wingfield ; E. Pardoe, Gent. to be Ensign, by
purchase, vice Colborne, Jan. 18.
18th Foot—Captain H. W. Adams to be Major, by purchase,
vice Dorm, who retires ; Lieut. F. Wigston to be Captain, by
purchase, vice Adams; Ensign S. Haly to be Lieutenant, by pur-
chase, vice Wigston; S. Bernard, Gent., to be Ensign, by pur-
chase, Vice Haly, Jan. 18.
20th Foot—Lieut. F. C. Evelegh, from the 4th Regiment of
Foot, to be Lieutenant, vice Burke, who exchanges, Jan. 18.
25th Foot—S. Northey, Gent., to be Ensign, by purchase, vice
Peel, promoted, Jan. 18.
33d Foot—Ensign E. Winnington to be Lieutenant, without
purchase, vice Ironside, deceased, Jan. 4 ; Quartermaster-Sergeant
M. Ferguson to be Ensign, vice Winnington, Jan. 18.
48th Foot—Gentleman Cadet C. W. Strong, from the Royal
Mili'ary College, to be Ensign, without purchase, •ice Oundas,
deceased, Jan,lB. _ _

52d Foot—Ensign G. Campbell to be Lieutenant, by purchase,
vice Gough, whose promotion has not taken place ; Gentleman
Cadet R. D. Wilkins, from the Royal Military College, to be En-
sign, without purchase, vice Gough, deceased, Jan. 18.
55th Foot Foot—C. A. Daniell, Gent., to be Ensign, by pur-
chase, vies Jones, who retires, Jan. 18.
74th Foot—J. Whitshed De Butts, Gent., to be Ensign, by pur-
chase, vice Morris. who retires, Jan. 18.

76th Foot--Colonel C. Wyndham, from the half-pay Unat-
tached, to be Lieutenant-Colonel, vice A. F. Macintosh, who ex-
changes, Jan. 18 ; Brevet Lieutenant-Colonel G. H. Davey to
be Lieutenant-Colonel, by purchase, vice Colonel Wyndham,
who retires; Captain J. H. Grubbe to bs Major, by purchase, vice
Danscy, Jan. 19.

78th Foot—H. D. Gordon, Gent., to be Ensign, by purchase,
vice Knowles, appointed to the 18th Light Dragoons, Jan. 18.
86th Foot—Brevet Major J. Creagh to be Major, by purchase,
vice Stuart, who retires ; Lieut 0. Phibbs to be Captain, by pur-
chase, vice Creagh ; Ensign H. 'C. Cash to be Lieutenant, by pur-
chase, vice Phibbs; W. W. R. Peacocke, Gent., tobe Ensign, by
purchase, vice Cash, Jan. 18.
HREVET.—Lieut. E. P. Lynch, of the 16th Regiment of Bombay
Native Infantry, employed on a particular service in Persia, to
have theloealrank of Major in the country while so employed, Dec. 3.
HOSPITAL STAFE.—C. Godwin, Gent., to be Assistant-Sur-
geon to the Forces, vice Dartnell, promoted in the Ist Regiment of
Foot, Jan. 18.

MEMORANDUM.—The Christian names of Ensign Fitzgerald,
of the 4Gth Regiment of Foot, are William Thomas Burton.

Commissions by the Lord Lieutenant of Berwickshire.

Sir H. P. •H. Campbell, Bart., to be Deputy Lieutenant; D.
Robertson, Esq., to be ditto, Dec. 19, 1838.
Commission by the Lord Lieutenant of Sussex.
Royal Sussex Regiment of Militia—J. H. Borrer the younger,
Gent., to be Lieutenant, vice T. W. Scutt, resigned, Jan. 1.
ommission signed by the Lord Lieutenant of Lancashire.
2d Regiment of the Duke of Lancaster's Own Militia.—T. S.
G. B. Lennard, Gent., to be Lieutenant, vice Radcliffe, appointed
in the Line, Jan. 8.

DECLARATIONS OF INSOLVENCY.
JOHN MONEY, builder, Donnington, Berkshire.
SAMUEL SMITH, timbci -merchant, Pump-row,Old-street-road
BANKRUPTCY SUPERSEDED.
CHARLES RATHERHAM, timber-dealer, Birmingham.