The Sun.
London, England, 1806-07-26 00:00:00

FRIDAY, JULY 25.

'GURNEY LONGMAN Atli) OTHERS.
This is. the case relative to exclusive right of Pub-
licatiOn in the Plaintiff, of the trial of Lord Melville,
which was fully before our Readers in our Paper. of
Monday last.
Mr. PERCIVAL/Ori behalf of the Defendants, ob-
served, that they had deMurred to the Plaintiff's bill ;
and he begged the •-dulg-ence of the Court to hear
the arguments on a.r eatly day.
. The LORD CHANCELLOR replied, that be had no
obje&ion to hear the arguments at arty time, but he
still was of opinion, that this ease should: not be
removed from that of Bathurst and Kearsley, which
went completely along With it in every particular,
except that there the Duchess of Kingston bad ap-
pointed her own short-hand ,writer. The question,
he said, ought to be decided in a Court of Law.
Mr. PE acivm, answered, thatby the present mode
of proceeding they were precluded from going into
a Couit of Law.

7!hes C frAi;CE 0 then said; he 4 oula give the
palties every opportuility to bring the ques'tion
beitre the Cout-t; hitt at present.,
.he felt little diifi:-
celty upon the subjea-..
Tile' Sot. I C ITO It - GE!;T ER AL suggested.,that the
cause might ell come on upoil au order for a

re hearing. •,, .
Mr. FONDL.A.„NO-trE replied/ that.they had'consider-
ed a demurrer was the iuost respeaful way of bring-'
ing'the question before the Court.
The CHAN , remarked, that he should not
feel it the slightest disrespe•'•.t to him, let it come on,
in; what shape it would, .he was ever ready and wil-
ling to hear it.
The business here dropped, we -understand, that
the parties might have an opportunity of deciding in
what way they would bring it on.

EX PARTE lIIGGINS.ON.
This was a Petition of the Bankrupt, praying the
Court to order a. meetincr of the Cortnais,,iowts,
Creditors, &C. that:the Bankrupt might have
,an op-
portunity of surrendering himself, and submitting to
his 'examination,. the time limited for that- purVoSe,
being expired.- .. .
Mr. 0 ;PF,N*, :for' the„Petitioner, stated from.-his •
affidavit, that the Petitioner was out of the kingdom
wl en the Commission was issued against him ; that
the time for his surrender had‘been enlarged ; but
he' had been in. Rotterdam, endeavonring to recover -I
a large, Sum of money wine& was,due to hiin, and
he *a: much delayed on his journey and voyage, so
that he could notpossibly return within the time.—
The Learned Counsel. ,observed, that although the
Court could not purge him of the felony, yet, in all
cases similar to the present, his Lordship had the
power to make such order.
The I,Ol‘D CHANCELLOR observed, that a similar
application had been, made to him not long ago,. on
the part of one Johnston, a bankrupt ; upon
:which
occasion he was honoured with a correspondence
with Earl St. Vincent ;. from which it appeared that,
the man was engaged in a.tiery important and 'meri-
torious service, iqe, in that case, granted the or-
der; but as
_he could not also purge hint from the_.
felony, he had his pardon prepared under the Great
Sear. His Lordship then. granted the order, which
he considered fit and proper.
~, . - •
•. .
. - LORD CLIVE V. LORD PIiODY.
•
This was a vestion upon.the construction of the.
late Lord Clive s Will ; and the ATTORN,'EX7GENE-:
RAL applied to put off the hearing to a future day, in
consequence of the. absence of Mr. 'Wingfield, who
was particularly. interested ,on 'behalf of therrninor,
and vas obliged to attend Circuit.
The CliAti-C,BILEiCYR granted the application.
. . MASON U. ARMIIiAGE..

This suit.wis instituted by the Plain'iiff, to com-
pe,l the a.femlant to complete the purchase of an
estate, .maac by the former, under the following

circumstances :-,---
The Defen(lant. having an estate, in the county of
Norfolk to dispose-of, set it up for sale by atsain,
at the Blue Bells Tavern, Norwich, en a certain:
day, and appointed ,Mr. ,Richald Bacon his auc-
tioneer, authorishig him, in writing, ; and
stating, that his .rieti,d, Mr, William Rising, wonl,l
bid for it, on his account; to phi-chase in, in case
There were not bidders. to the anionnt of 900,11.
The estate was ;accordingly set up to auEtio.n, and
several biddings had beet rata 4 th thearnount of
5 • or 60001. among whom tin: _Plaintiff was one,
who,, at the satnit",,s time, declared to the Defendant, -*
that be had no intention of -bidding, on his own ae-
count, not having money sufficient to complete the
purchase. About the same time, some of the Gen-
tlemen pre seat asked, was there any puffer in the
room ?" .and the atnaioneer answered; that there was
• one'Gentleman on the.‘ part of the Defendant, but`
lie should only have the power of bidding. once.
The sale 'then continued, and the'Plaintiff bid t` the
amount of 80001. when, after a very long-pause,
and the au(tioneer having, taken out his watch, and
intimated to the company,' that unless there was an
,advance, he should -knock it down to the then high-
est bidder; and having waited for
.seven Minutes, -
and no person adirancing, he accordingly knocked
it down, and declared the Plaintiff the purchaser.
ItnTediately after Which, the 'Defendant aiid Mr.':
'Rising came up to him (being present the whole_
time), and declared it was all a mistake ; he did not
mean to let the estate go under 90001. and ;Air.
Rising had not been called on to bid; and therefore-
he,. the Defendant, should annul he sale to -the,
Plaintiff. The purchase, therefore, never being
completed to the Plaintiff, he
.filed his bill for that
purpose:.
Mt. PERCIVAL and Mr. cobx.F., for the Plaintiff,
contended, that this case.was not within the Statute
of Frauds, and the Defendant having delegated his
authority to sell, to die Auelioneer, he was thereby
bound to make good the parehaso. • -
On the other hand, it was contended by the So:
Lictroa-GEsattici.., that this case came. coMpletely
within the meaning of the
:Statute of -Frauds, and
the D'Aiendant was not bound (under all theoircurn-
stances), by the ad of his Agent, naless lie had
given him that power, by special anthority in writ-
- tug.
. •
There being two other Gentlemen of.tk:flar to
be. heard on the same side, the Lotto CaiNcEcLon
deferred his final -decision to a future day, at the
Some time he made a few.observations ca, :e
his Lordship considered it to come completely
in the meaning of the Statute of Frauds. kaa-a-
-' pared it with the cases of -annuities„ and the sales
and registration of a Ship, under Lord Liverpool's
Aft, in which cases it, waS_ .necessary that all, the
component parts of the agreement shohld be coon-
plete, in order to make the Aft valid in law.. 'Hay-
ing said this much, his ,Lordship reserved any fur-
ther opinion until the conclusion of the hearitig of
the cause.

At the Assizes fpr the County of Its, which
commenced on Monday last at Salisbury, George
nice, Esq. was inditaed under the Black Aet, for
wilfully and maliciously ,shooting
.at one William.
Shglard, a blacksmith. , trial lasted eleven.
hours, and its result was the hoodurable acquittal of
Capt.Wyke. At the same Assizes, Mr. Goddard, of
Salisbury, obtained a verdia of 5501. damage, be-
skies costs, against the Proprietors of one of the Lon-
don Coaches, for injury sustained by the overturaiug
of,the carriage.

P 3 Ii L.