The Sun.
London, England, 1841-08-07 00:00:00

PASSINGII.LX V. SHERBORNE.

The LORD CHANCELLOR also gave judgment in this
case, dismissing the appeal of the trustees with costs.

MARLING V. KIRBY.-JUDGMENT.

The LORD CHANCELLOR also gave judgment to-day
in this case, the arguments in which were concluded
yesterday.. The case came before the Court upon appeal
from the decision of his Honcu• the Vice-Chancellor, re-
fusing to grant an injunction to restrain the defendant
from infringing a patent obtained by the plaintiff for
making solid-headed pins, his Honour thinking the right
of the plaintiff ought to be established at law fi6t His
Lordship agreed with the Vice-Chancellor, thinking
that an action should be tried for the purpose of esta-
blishing the right of the plaintiff, before the Court ought
to interfere.

COURT Ol• BANKRUPTCY, Aug. 6.
IN THE MATTER OF THOMAS S. CAVE.

The bankrupt, who was described as a merchant, re-
siding at Walmer, in Kent, appeared in Court on his ad-
journed examination. The liabilities upon the estate
were said to be very large, but their am3unt was not as
yet ascertained. The assets were also described as con-
siderable, the bankrupt having been the proprietor of the
mines in Cornwall knoWn as the Trevithan Downs, the
Owen Vean, the Rospeath, the Wheal Fortune, and the
Wheal Prosper mines, which had been advertised for
sale on the 12th inst., and upon which it appeared in
his balance sheet the profit and loss account, including
capital and expenses, amounted to 397,7921.
Previous to entering upon the public portion of the
business under this fiat,

Sir C. WILLIAMS said he had to complain of the con-
duct of certain Learned Counsel, who, through careless-
ness, or press of business, failed attending according to
appointment before him this morning, to argue a point
in this case of the greatest public moment. He (Sir C.
Williams) attended in Court at half-past ten o'clock to
hear the arguments, and he considered that common
courtesy alone should have induced their attendance.
Mr. Nias, who appeared as solicitor for a number of
the creditors, wished to submit to the Learned Commis-
sioner whether, under all the circumstances of the case,
it would not be better to give them a private meeting,
as he (Mr.. N.) was desirous of examining the bankrupt,
as well as other parties. There were many points con-
nected with the case which required a deliberate inquiry,
which could be only considered properly at a private
meeting ; and, therefore, at whatever time it suited the
convenience of the Learned Commissioner to adjourn,
whether to a week, a fortnight, or a month, all parties
would best consult their own interest by postponing the
sale of the bankrupt's mining property, and having a
private meeting.
Mr. Cave said whatever time might be appointed by
the Court would satisfy him, as his sole object was to
render all the accommodation in his power to every one
interested in the fiat.

Mr. Nias, one part of those whom he represented,
said that so far as the proceedings had at present gone,
he felt bound to express his approbation, and also to
state that the course now proposed would be a benefit to
Mr. Cave himself:
After some further conversation between the Learned
Commissioner and the solicitor, it wai ultimately deter-
mined to fix the day of adjournment on Monday, the Ist
of November next.