The Sun.
London, England, 1812-11-14 00:00:00

LAW ittrotf.

COURT OE'- CHANCERY, Nov. 13.

.tX-FARTD Ttit ROYAL OIL SCOTLAND, IN

ZIATTEIt p 1.,. STEIN, starril ANIS CUB

'Sir A. PiGOTT be,i,red to be allowed to With=
draw the Petition which had been presented on
the part of the Royal Bank of Scotland; for stay
ing the certificates of the bankrupts in this case.,
Sir S. RomiLLY submitted that the Petition
could he alloived to be withdrawn only oh pay=
merit of costs:

Sir.:. PIGOTT argued against ttbjecting the
Royal Bank in the payment of costs. It might
seem to stamp their conduct as haying,been im-

proper. •
CtrLr.EN followed on the satne side.
Sir S. ROntiA,Y again contended,. that costs fol-
lowed in this case almost as-a matter of course.
.This was not merely A Petition to stay the certif.-
'dates Of the-bankrupts, but it also prayed: that the
commission should- be superseded. The debt in
questiOn was on bills having the names not only
of Messrs. Stein, Smith, and Co: but of Messrs.
Kensington and Co. These bills had been al-
ready proved' under the commission against the
hitter and although they were also proved under
the, commission against Stein, Smith, and Co.
could not have the effect of turning their certifi-
cate. The presenting of this Petition, however,
had had- the effect of staying the certificate for
souse days., a thing which his Lordship wouid
nothave suffered had he been aware of this latter
fact.

After some further conversation' bet Ween
Pigott and Mr. Cullen, on the one side, and Sir
S. Rotnilly, Mr. hart, and Mr. Montague, -on tlie
other side,
The LORD CHAZWELLoR said, if he was asked
for costs on the withdrawing of such a Tetition
as the present, he was bound to determine whe:-
ther costs might to be given or not. Now, he.
had no difficulty whatever- in saying, that where-
ever a party presented a Petition for staying a cer-
tificate, and failed in -his application, he Must pay
costs, unless he alleged iniseonduct on the part of
the Bankrupt. Here there was no charged Luis-
cotiduc'., and, therefore, the Bankrupts must
have thcir costs. The rule, !however, did not
go to the extent of allowing costs to the Assig-
nees "alsO.

ills . Lordship ace,Ordiagly allowed the Petiticm
to be withdrawn, on payment to the Bankrupts of
their'costs.

IMPORTAT APPEAL CASE,

fir SAMHEL ROMILL begged to mention to his
Lordship, as somewhat bearing on the case which
had just been disposed of,, that there was at pre-
sent a inost.impoktant point nosy depending by
'appeal before the House of Lords—s-o important,
he presumed to think, that if there was any one
appeal,, which, on account of its general import-
ance, was more than another entitled to take
the precedence of every other appeal before th€
Hopse st Lords—that was the very case. The
question there to be decided was, whether, When
a Commission of Bankrupt has once been sued
out, against a person, or a Company, in England,
a sequestration. can afterwards be taken out,
against the same party in Scotland.
The LORD CHANCELLOR said, he could dot be
prepared to say 'what might be the mode of pro-
ceeding as to the hearing of appeals which would
be adopted by the ,Iliitise of Lords in the ensuing
Session of Parliament. He should, however, keep
in mind the information hehad now received from
Sir Samuel Romilly. His Lordship then expressed
a wish to know what had been the decision come
'to on that point by the Court of Session •
Sir S. ROMILLY said, tbd Court of Sessioh had
held that .a sequestration might be taken out
against a party in Scotland, after a commission
of bankrupt had'been sued out against the same
party in England.

CAPT. DONNELLY AND OTIIERS V. SIR H. POPIIAICI,
AND THE GOVERNORS OF GREENWICH 'HOSPiTAL

V. THE ABOVE PLAINTIFFS Al\''D DEFENDANT.

Thi! was a sill filed by the first-named plain-
tiffs on behalf of themselves and others, for an ac-
count and distribution of prize-money lodged in
the Hospital, to abide. the rights of the several
claimants, of which Sir Home PojTham, as flag-
officer, had claimed a fourth part. Each party
claimed from the Governors, and they in self-se-
curity filed their Bill of interpleader: praying-the
protection of the Court in the appropriation. of the
fund. Captain Donnelly, lung since, brought an
action ,at law against Sir_ Home Popham, whose
absence abroad has delayed the . trial. A motion
was now made for an order on the Solicitors ai d
Agents of Sir Rohe Popham, .to consent to the
trial in the Sittings after this term, pursuant to a
notice of trial served upon them in August last.—
A doubt was expressed whether Sr, Home Popham
had not-at one time abandoned it
The LORD Cun.scELL.oft, after hearing Counsel
on both sales, observed that the subject matter in
issue. was well known, namely, whether a Flag
Officer was lawfUllv entitled to a fourth part of
such prize-money, lint although the officer in ques-
tion was absent on active and. useful service, his
Lordship thought that was no excuse for not try-
ing the action, and granted the merits of the mo-
tion=—ordering it, however, to stand over till the
last day of the term, to afford tim,. on behalf of
the defendant in the action, to arrange the time
mode of trial.in the Sittings.