The Sun.
London, England, 1807-06-16 00:00:00

On the bick of the above note was the following':

rdid hot ask you to Marry me, my dear but on/' •
not to fiosake .me. Farewell forever. You said you would
leave me,. 'and 1 must die tin you.')
DuiSLIN, Jtrt t .—ln the'. Court of King's-
- on Monday last, a criminatinformation was
granted:against two respe6table Attornies, for send-
ing a chailehge'to:the present High Sheriff of the
Countyof.Wicklo raative to a misunderstanding
which appeared tobe between the parties, in the ap-
pointment Ulan Uhder Sheriff for 'that County,—ln
the case of .BirnalL ogainst the Marquis ofDonnegall,
in the Court of Cfiancery, Lord MANNERS yesi day
pronounced a decree in subitance—to accouti.. ; in
:which his Lordship was plealed to say, that all se-
-4.-urities fur monics pad into the hands of thit Mar-
(Nis of Donnegall should stand; but not such secu-
rities-as were; passed for monies paid into the-hand-4 •
n.f other persons whc WCYC armed in the cause,

i-,ii iii;idj.i,

COURT OF CHANCERY, rout Ti.
• ,
• BUTTERY v. ,WYDOWN.

This cause is of very greatnportce,o a
• ii antll the
•i •
Oimmercial and trading world;
,itoCCujiled almost-
the , whole .of. this day; and many of those long-
\doubted and contested points in the code of-the
Bankrutit. Laws are by. it, for the'present, setticd
by Lord ELOON. We lately repined the interest'-
ing
,trial of the first issue in this 'cause, direeled
to be tried at the Sittings after last,Terni, at Guild-
hall, before Chief Justice MANSFIELD, and a Special
Jury of Merehants, when a verdiCt was found for
the Defendant, A motion was this 'day 'made for
a new trial, on the grounds the Learned Judge's
misdireclion-totheJury, and the terms °lbis report;
which. both parties complained of, and,,with due
deference to that Judge; found fault with. The
Jury hid offered to find; tf the' 'patties would c,on-
sent, a verdi&, establishing the, act of bankruptcy
in issue.as- committed on the. i 7th Or April, but not
on the 16tH ; the words of the issue being, whe-
ther that at-t was committed before the.date and is-
suing of the Comniission, which bore date on the
same 17th of April ? The question of fait was,
whether Mr. Wydown, having been arrested at his
own houSe, in Thames-street, on the evening of the
16th of April, at six o'clock, and kept in a Look-
up-house until one the next morning, when he
found bail, by then going, with the advice of Mr.
Chippendale, his Attorney, to the Attorney's howie,
at Islington, was an att of. bankruptcy ?. The Chief
Justice was of opinion, at the trial, in his charge to
the' Airy,. that it was coupled with his subsequent
remaining at Islington until. Sunday following as
one continued act ; but the July were of a different
opinion, as is the CHANCELLOR no‘i', by .directing
another issue, to tind.on kt hat hour on that ThOrs-
day, the i 7th of April, the Bankrupt had risen from
his necessary rest, .an,i bad returned from the house
ofrElaWkins, HanitinOnd, and Co. Cheapside, where
he ,was stated to have come on the t.7th„ with the
view of settling with them, as creditors, to avoid
.a
Cot/in-fission.

The CHANELLOR:,Said; that if the Commission.
was sealed before the hour or moment -of such re.'
turn frOM the house of HaMmoritfandCo. the Com-
Mission is .bad; but he. is determined to allow the
fra&ion of a day in' all: such 6.'.ses; and against
' strong arguments, on the other side, held, that the
.entirety of a day being a legal fiction, i 3, and of late
years has been digcOuraged and diSir!owect, although
.it waS formerly otherwise;. for lie •a case upon
the gabled once referred tier , of the
twelve Jtidges, which-they mild- upon---
naMely,. whether' t he .day in t Bich one
. King of England died, was' te the day of
that dead King or of 'his Su; •n,'we,- latz also held,
that the awarding, on Corotnis-
sioti of Bankruptcv; and the was the
issuing of such Commission, t such award-
ing and sealing did liot, with the docket
Or affidavit and bond .befoi-e-elen6oned, constitute
the as of issuing such-a ComtniSiinn, as_ strongly
contended for by Sir SiNutit. llomtLier and Mr.
COOKE, who argued against the hasty decision of
Lord KFIN-YON, in the case-4
-Bernard v. Hammond
, (called the decision of moinent), niiw quoted by
, Sir. ARTHUR PIGGOTT and .Mr. WETHERALL, by
which the, calling of any Creditor is not (as before)
held- necessary. to constitute absconding frem Credi-'
tors, with a view of avoiding or delaying them, but
that other evidence may he received to prove. the
view or intention of the party abSconding or abietit.
His Lordship remembered a case of a. man proved
to have been at house, and •concealing himself, who
was afterward found •to have been .in prison at the
time of the call of his creditor ; but as the decision
of Lord Kenyon; in full Court, was now add
as a Creditor was, ex debit() justitie e,
.entitt.ci to a
C0111111i,61011 of Bankruptcy, op the usual recjoisites,
and as the Court of Chancery might have sealed a
Commission between the boUrs of twelve 'find mid"'
o'clock, oa the -17th of April, as he, and Lord
Rosslyn had done sometimes, in the night time, it
Might turn out that the Commission has issued in
this: case before Mr. Wydown had left , the Lock-
up-House, in, which case it could not at all stand;
and being dissatisfied with the verdict, even were it
the other way, and with the Judge's Report, who
refused to let the Jury find an Aet of BankruptCy, .
on some hour of the 17th of April, .as .they offered,.
his Lordship inusl -have another verdiel ; and on Sir
SAMUEL -ROMILLY 'asking What the Assignees did,
or could mean, by such expensive. proceedings ? and
desiring to know, whether Mr, Wydown must not,
in all events,have the crists of the verdict found for
him, whatever tile net might be'? the considera--
tion of; costs was reserved ; 'and ,on Sit- 'SAMUEL'S
suggestion, his Lordship proniised to confer with
the Chief Justice. ,

COURT OF KING's BENCH, furit ts;
TheATtroat;icy-GENERAL applied for leave to file
a criminal infornation 'against a Person of the: name_
of Harry Lutfman;on behalf of a Mr. Stokes, for
violently assay.ltiotr-;him and challenging shim to
fight a duel. The Affidavit stated, that Mr. Stokes
Was confined, by' very severe iiidispositiou, •in the
house of a Mr..HaNing, an - apothecary in Union-
stteet, Southwark; atid',abotit a month ago, while
Mr. Stokes was,, so ,vecy ill, Mr. .I,Affinan (who
,was a pupil of sr.-is tlaKiing,) Caine: hito his room,
and without -anyiprevious provoeittiot 'whatever;
iptruck him a violent blow: ; he.,,thpn produced a
case of loaded pistols( and
.usisted , ,he should take
pile of them and ligh't him, giving him, at the same
time,' a written challenge. , .

Lord ,Eit,ENßoktouoll doubted whether it would
not be abetter way to indict him at the Sessions, as
the Assizes were now so near at hand ; this mode he
thought, would be best, as , it. would prevent the
necessity of waiting',until next, term befere the
,Defendmi could she.w cause against this applica-
;tion. On these groUnds the Court,refused to grant
the Rule.

Mr. GARRow said, he had a similar. motion, which
seemed peculiarly to deMand the . attention -of- the
Court, from the rank of the parties, and theaggrava-
tiOn of tire case. He moved it on the behalf of
Major Fowey, who. was Commandant of the Hert-
lOrdshiie Militia, against a Mr. Chester, who was
formerly a J.,ieutenant in the same Regiment. -In
his situation as Major, he was called upon to exhibit
some • charges wing Mr. Chester, in order to-have
him, brought, to a Court-Martial. Mr. Chester,
bowes e;•,' tbiragbt,il, better to retire-wit huut meeting

•
the charges, and he petitioned atici•Ot.taitiet;
•
leave t 8 resign. His resignation was.Otereitin,,the
Orderly Book of the Regiment, ohli df Aine
last, from which day he conseqUently ceased to' be
part of. the Reginient he,'however, cattle to the
-mess, that day, and, behaved so coarsely, that the
Otlicers, present dehlared to the Major; that they
must take some steps to keep him a..yvay; and not to
suffer them to be annoyed with his company in
future. In consequence of this he wrote.to Mr.
Chester, and in reply lie received a challenge.; to
which he said should send au answer tO-morrow.
He accordingly commissioned an Officei to,call on
Mr. Chester, and tell hini, that he did riot feel him-
self bdund to anSiverhirn iti the manner he demand-
ed, and that; if he repeated his challenge, lie should
have recent-Se tti measures which would not be plea-
sant... the. Officer did hdt go the next day, as it
rained bird, and Chester had changed his lodgings;
but he went the • following day, when Mr. Chester
immediately proclaimed his intention of posting the
Major as a coward, which lie ininiediately did,-by
going into a Coffee7house and• sticking. till a placard
against the wall,tii that effe4.4-7.ltule Nisi granted.