The Sun.
London, England, 1823-07-26 00:00:00

Aiu OF nucyrine AIW oTtfritti;

Mr. Haar moved ibr an Injunction to restrain the defend-
ants from taking further proceedings in a suit which tiler had
instituted against the plaintiff, in the Court of Chancery, in
Ireland. The Learned Gentleman said, the plaintiff had en:
tered into certain debenturea, as a part arrangement, fat the
payment of the debts of his father, the .Marquess,qf Headfort,
and he had since discovered that these had been given for sums
larger than those actually owing by his father. The object of
the present applicatiOn, therefore, was to bring the defendants
to an account, by which the money really due might- be ascer-
tained, and ti.e plaintiff be enabled to take measures for its
liquidation.
eectionbgaexpevresdo,ns th
weho are plain. Onestion is,
w
11Ir. BELL was heard at great length on the otheiside ; and
The VICEXHANCELT.O4, determined that he could not
entertainliether I
theaenmnottaikone.anfoleitir resp
Hie honour
tiffs in another Court, and who are not parties litigating
questions in this Com for their benefit. The general rule in
this case is clear, and the only exception is in the case of a
creditor who has brought an action against an executor after to
decree. This exception I am now asked to extend, noton an
action brought here, but on a bill depending in a Court of
equity in Ireland. 1 cannot do more than follow authorities
already laid down. It is not for
tmes who am not the superior
Judge of this Court, this tc•clirjeli exceptions; and if the
parties think this application is _ y to be granted, let them
apply to the Lord Chancellor, h
w .0, aa it.ipreine•Judge of this
Court, may do what is not, roPerlY Within my Jurisdiction.
The costs of the aPOicautin were then ordered to stand over
until after the application to the other Court.
ST. J 01124 V. OLOVSOP AND ARKENSTALL.
Mr. LovETT moved fur an Injunction to restrain the tle.
fentlant, Arkenstall, who acted under an assignment of the
property of the Coburg Theatre; given by the defendant Glos.
sop,
from
selling, removing, or beepsniling the said proper,
and also to restrain a person namedtyfrom paying over
to Glossop, until the further order of the Cotirt, 9, $„„, of be.
'Often three and four hitodred pounds, the produce of a Sate by

.
given ; but if the thing was done at at, it was in the same.
careless manner in- which the voyage-,w as otiginak- com-
menced. The drip's article stipulated for a voyage, clearly, to
" the Luffodin Islands; from. thence to any port or ports in the
Mediteranean i" and to this stipulation it was !Omitted that
the master had added the words, " and elsewhere," which
might mean that they were to sail all over the worl I. This
was not the Proper way of proceeding in regard to such an in-
strument. It was not that small change of destination, neither;
to which a mariner was bound to submit; for where the cap-
tain, in order to obtain a cargo, thought it expedient to alter
his destination to some port in the neighbourhood, as it were,
there the mariner was undoubtedly required to accompany the
ship; but " elsewhere" implied ,Wherever the winds and waves
might take her. The Learned Judge finally decreed that these
parties were entitled to the whole of their wages up to the time
of their quitting the ship, and half their wages for the term of
nine months during which the return voyage lasted.