The Sun.
London, England, 1838-08-04 00:00:00

FREDERICK V WILLIAMS,

The Loin CHANCELLOR also gave judgment in this case, in which the
Bill was filed by the snn of a party who had become bankrupt, seeking
to be relieved from the elf. ct of two bonds for 3,000!. each, given by him
to his father under the following circumstances. The father of the
plaintiff being possessed of certain estates upon which a house was situ.
ated, and in which was valuable furniture, agreed with his son to sell the
property to him, which was estimated at the value of 6,0001. At that
time no act of bankruptcy had been committed by the father, but shortly
afterwards, getting into difficulties, a fiat was struck against him, under
which his assignees sold the furniture. His Lordship was clearly of
opinion with regard to the real estate, the act of tank-
ruptcy by the father did not affect the right of the
son, and the only question upon which the Court entertained doubt was
with respect to the furniture. At the time the contract was made
there could be no doubt the father was completely at liberty to dispose
of the furniture, and the question was whether at that period the sale
was complete, and the goods had been regularly delivered to the son.
If they were then the assignees could not have interfered, if there was
not a complete sale then the son could be called upon, if he had kept
the furniture to pay the money.

After some short discussion his LoansuiP ordered the case to stand
over for a few days to see if the parties would agree to an enquiry to
ascertain that fact.
IN TIIE MATTER OF DOUGLAS AND ANDERSON, BANKRUPTS,

His LORDSHIP also gave judment in this case, which came before
the Courts upon Appeal, in the nature of a special case, from the de-
cision of the Court of Review. The question was, whether a trading
company established at Ghent was entitled to certain remittances
sent by she house of Douglass Mackenzie and Co., of Singapore. to the
house of Douglass and Anderson, in London, who had become bank.
rupts. It appeared that the house at Ghent had transmitted certain
goods to the house of Douglass Mackenzie and Co., at Singapore,
through the agency of Messrs. Douglass and Anderson. The house at
Singapore, for the purpose of paying for those goods, remitted certain
sums to the house in London, but they did not arrive till after the
bankruptcy, and the bills were received by their assignees. Upon the
case coming before the Court of Review, that Court ordered the as.
signees of Douglass and Anderson to pay over to Douglass and
Mackenzie the amount in question, and from that order the
present appeal was brought. The Lord Chancellor, after going
at some length into the facts of the case, said it was clear
to him that the bankrupts were not only agents for the
remitters, but that there was quite sufficient shown to constitute such
a priority between them and the party to whom the payment was to be
made, as to entitle them to claim. The decision, therefore, of the Court
of Review was perfectly correct, and, in his Lordship's opinion, the
appellants were bound to pay the costs of the present proceedings.

ASSIZE INTELLIGENCE.

MIDLAND CIRCUIT.--DERRY, JuLr 31.

THE QUEEN, ON THE PROSECUTION OF ROBERT CAMPION AND OTHERS,
V. THE MARQUIS OF WATERFORD, SIR FREDERICK JOHNSTONE, BART.,

THE HON. AUGUSTUS HYDE VILLIERS, AND CAPTAIN REIiN•RD.

This was an indictment against the defendants, charging them, in
three several counts, first, with a riot in the parish of Melton Mow.
bray, in Leicestershire, on the morning of the 6th of April, 1837 ; se-
condly, with an assault on certain constables of that place, while they
were in the execution of their duty; and thirdly, with a common assault
on the said constables. To all which charges the defendants severally
pleaded not guilty.
Mr. B►LGUT for, the prosecution, stated the case against the de.
fendants. He observed that they were all persons of rank and
station. They and other gentlemen of the same rank were attend.
ing the sports in Melton and in that neighbourhood in the spring
of Lthe last year. On the night of the sth and morning of the 6th of
April, being the night after Croxton races, near Melton, the defend-
ants, with several others not included in the indictment, because the
witnesses could not identify them, assembled in the streets of Melton
and committed the riot and assault with which they were charged in
the indictment, and the details of which the witnesses would state.
The defendants were brought before the Magistrates of Melton as
aoon as possible after the night on which they committed the riot,
and the witnesses, after their depositions were taken, were bound in
recognizances to prosecute. A bill of indictment was soon afterwards
preferred against the defendants at the Quarter Sessions of the county
of Leicester, and a true bill was there found. AR application was
made, by both sides, he believed, to remove the indictment into the
Court of Queen's Bench, which was granted, but too late for having the
indictment tried at the last Summer Assizes. No steps having been
taken in the prosecution at the last Spraig Assizes, a representation
was made to her Majesty's Government on the subject, and the Govern-
ment, considering that it would not be creditable to the administration
of justice if persons guilty of conduct such as was imputed to the de-
fendants were to escape trial, and wishing to act with impartiality be-
tween all the parties, took up the prosecution, and the record was
accordingly sent down for trial at these Assizes.
Seven witnesses were then called and examined in support of the pro.
secution.

The case for the prosecution being closed, Mr. Sergeant GOUL➢URN,
for the defendants, addressed the Jury on their behalf.
The Jury retired to consider their verdict; they returned in about
20 minutes and gave their verdict Not Guilty on the first and second
counts of the indictment; but all the four Guilty of the third count,
that is, of the common assault.
The CHIEF JUSTICE then declared the sentence of the Court to be,
that each of the four defendants do pay a fine of 1001.