The Sun.
London, England, 1841-01-19 00:00:00

CHANCERY couRT—(THIS DA Y

HOWI.IIT V. ADAMS.
Tho further arguments in this part-heard case occupied
;he Court the whole morning.

ROLLS' COURT.-(THIS DAY

(ADMIX) V. COBBETT.
The defendant in this case is the son of the late William
Cobbett, who was the Member for Oldham, and a bill
was filed by the plaintiff against him as the executor of
his late father. The defendant obtained the usual order
to defend the suit in forma pauperis ; or. the petition of '
the plaintiff that order was discharged. On the 1 Ith of
June the defendant was committed to the Fleet for con-
tempt in not answering a bill filed by the present plaintiff
in the Exchequer, and immediately after such commitment
detainers were lodged against him for certain costs in
this trial.
The case now came before the Court, upon the petition
of the defendant, praying that the order of the 30th
of March, which dispaupered him, might be discharged.
The MASTER of the ROLLS said, that according to his
understanding of the practice of the Court a party could
not either sue or defend in forma pauperis when he hap-
pened to be an executor. That he believed to have been
the rule laid down by his immediate predecessor (the pre
sent Lord Chancellor) after a careful examination of the
authorities. Mr. Cobbett having obtained the order for
leave to defend in forma pauperis, he defending in
the character of executor, did that which was in-
consistent with the ordinary practice of the Court,
and the order was therefore necessarily discharged. It
was said, however, that the order to sue in forma pauperis
ought to stand, because he had a personal interest as re-
siduary legatee and creditor, but in the very same breath
it had been admitted that that interest was now vested in
other persons, and that at the present time he was only a
party to the suit in his representative character. The pe.
tition must, therefore, be dismissed with costs.

DE WALL V. LORD MELBOURNE.
Mr. PEMBERTON was about to make an application in
this case on behalf of the pliiintiff, Armand Patrice Alfred
Count de Wall, and several other parties, who are the
children of the late Count de Wall, against the Lords of
the Treasury, for an injunction to restra►n them from part-
ing with the fund in their possession for the payment of
French claims, when
The ATTORNEY• GENERAL, who appeared for the Lords
of the Treasury, said he would have been very willing to
have followed the precedent established in a similar case
that came before his Lordship ilast term, and have un-
dertaken, on the part of their Lordships, to keep
a sum that would answer the demand : but that
could not be done in the present case, because
the demand considerably exceeded the whole of the un-
appropriated surplus. At the same time he thought it
possible that some arrangement might be made which
might obviate the necessity of his Lordship hearing ,the
application for an injunction. He understood the great
object which the plaintiff bad, was to appeal to a Judicial
Committee of the Privy Council against the last aware' of
the Commissioners. It had been referred to the
Law Officers of the Crown by the Lords of
the Treasury whether permission to appeal should
be given, but they had not had an opportunity of
forming an opinion. What he (the Attorney-General)
would propose was, to let the ease stand over for a month
or two, with an understanding that there should be no
payment from the fund in the meantime, because instead
of rendering it necessary for the suit to proceed, the Lords
of the Treasury might be recommended to give to
claimant the permission lie sough., namely, indefinitely to
appeal to the Judicial Committee of the Privy Council,
without confining the claim to what were called the Cham-
pagne estates.
Mr. PEMBERTON said it was not possible for his clients
to object to that arratig( went, but there had been an actual
award to them for 3,0001.

The ATTORNEY GENERAL—That they can have any
day they like.
Thu MASTER of the RoLLs—That is very satisfactory.
It is just the course of proceeding one would desire to see
take place.
Mr. PEMBERTON—Nothing could be more proper than
the course my Learned Eieud the Attorney-General pre-
poses to adopt.
The ewe was then ordered to stand over till the first day
of Easter Term.