The Sun.
London, England, 1824-12-02 00:00:00

COURT Or COMMON PLEAS, DEc.I.

The Court t:ttt` this morning Eaten o'clock ; hut rose in a few
minutes, there being only two causes entered for trial, of which
one was withdrawn,- and the other undefended..

• COURT 'OF EXCHEQUER, Dtc..l.
• TUE KING v. PUIScE. , •
This was an information filed against the defendant by 00
Attorney-General, to recover penalties for having rooms and
utensils for carrying on the process of malting, which were not
entered at the Excise. • ... .
It appeared from the evidence, that t.f.e del'endant carried on.
the business of a maltster, in an old fariii-!eetse, at a place
called Shelwich-court, near the city of 'llcrefinii. Ile had en-
tered
at the Excise-office as the places in which he carried on •
hie ,business,,one malt-house, two steeping tubs one working
floor, two kilns, and one store-room. The Excise ntllcera
having obServed about the premises ft Much greater quaethi
of grain than the defendant with :hie apparently limited mew:
of manufacture had any occasion for, entertained a sutipicion
that he was engaged in some fraudulent tranieictioas. They
accordingly searched the premises, and' in addition to the en,
• tered or licensed rooms, they discovered a • concealed set of
roorris,furuished with all the necessary apparatus fin malting,
and a large quantity of grain, in the different ',stages of the
manufacture.
This evidence having been given, Ale. Jcav is said he was
instructed on the part of the defendant, to stibmit to a cove
viction:
The Jury accordingly returned a verdict a Onfity.—Penalty •
1,0001.
PREROGATIVE COURT, Disc. 1.
UUNTON AND NICtioLLS, V. EWEN AND tiIIEAVES.
Dr. Lu mix 0 TO N made an application ,tip the Court, pray ing,
it to permit copies of the depositions taken in the aboVe cause so
long ago as the year 1819, to be furnished out of theßegi:itry,
with a view to enable the Treasury to by' them before the legal
advisers cif the Crown. His Majesty's Attorney' and Solicitere
General. It appeared that about five yeers since, .11r. Milky,.
the Proctor, appeared on behalf of certain parties asserted to be
the natural and lawful female children of a person who had
died intestate; and of whose property, in case they should este,
bliah the facts of theirlegitimacy, they would have been; therefore,
:he coheiresses.. The cause went on to the examination of wit-
[loses upon their allegation ; but it appearing in the course of
those proceedings, that some difficulty would he experienced in
making out the proof of legitimacy, owing to the proof which
it was apprehended might possibly be brought on the other .le,
of the non-access ofahe husband (the M testate) at the periods oe.
cessary to be assigned, a comproMise between tie parties was
agreed to; and the cause that had been instituted was no fur-
ther proceeded in. Subsequently, however, a view difficulty
had arisen as to the right of representation to the reel estate ot"
the deceased. . . Ills nearest next of kin was a nephew: but to a
nephew asserted to be a convicted felon, that representation
could not descend ; and it would by no very cesy matter to invest
the intestate's sister, under three circumstanctee,, with the cllee
rncter of heir at law to the realty. , Upon all these cotisideria
dons, it was thought advisable to apply to nis illajeety's Trea-
sury for a writ of Escheat ; and afterwards theqroper authority
would be moved, in the usual way; to appoint us nominees for
the administration of the estate, and the distribution.' cut the pro- .
perty. Upon the ease being referred to His illajexty's law-
officers, they had declined, .however, to while: the issue of the
writ of Escheat, until they could see the original depositions, or
be furnished with copies of them. •
Sir Jouw Nienom, observed, that in this cese the creatie,
had never been concluded. Publication had not even been de-
creed. Now, in these Courts it was a necessary rule of prac-
tice,
that until publication was decreed, the depositions oneither side should nut be communicated even to the other; for
if they were so opened before the Court's decree, it was evident
that a door would be opened to the trial of many other issues
besides that which had been originally joined upon by the
parties to a suit ; and It was equally clear that it would extend
facilities to subornation of witnesses, colouring of evidence, and
even perjury. The Court, therefore, was not lit present aware
46P6gewthnoneft.:.ttiolrle°11.
how tar it had even the power to direct such depositions to be
delivered out of the registry, in a case wherein publication of
the evidence had not been decreed, and to thew, who were nut
even parties to the suit. At all events, it would take time to
consider of the matter.
CAMBTASO V. NEGROTTI.
The Counsel ftir Signor Giovanni. Haulms Negrotti again 'ap-
plied to the Court for letters of administration to be granted, to
that gentleman (limited to certain purposes),' as the Committee
appointed' by the Superior Tribunal at Genoa of the estate and
eflects of Signor Cambiaso, a lunatic.- : They stated, that the
father of .C'ambiaso, at his death, left behind him a will, by
which he appointed his son the heir of his whole property,:_
Some objections existed against that will in point of form ; but
these had been: obviated by a decree of the Genoese Tribunal,
empowering hits, to succeed in full rightto hia,father's estate.--
Subsequently, Sigpior Ctunhiesn'hatl the misfortune to become
a lunatic, and Signor Negrotti was declared hie Commito.a.::The
only property nut within the jurisdiction of the Court of °pipe.
consisted of certain monies invested in the English funds. Upon.
this stock the dividends had been regularly received tiy Air.
Heath of this city, through whose able management, the :ovate
:. tents hat} Weed increesed by accumidatious to die extent of negiy
B,oou/.:. the whole ailment of thie part of the property being
at present titiwaids of 16,000/. It was for •an edministretion
Hunted to the receipt of thaw dividends and. this stock, that Air.
Negroid applied to this Court : but last court day the Court
In mated that it would not make such a grant except bail were
given in double the amount (as usual), and not only so, but
-bail to justify in this country. The Learned Compel cantendett
that it would be. next to impossible to nrocure securities to such '-
an amount to justify here ; that securities to justify in Genoa.
which was the domicile of the parties, unit of all the property its.
question except this stock, would offer all the security the Court':
would require for the due administration of this part of the
estate ; that in truth this was now altogether trust property, and
that : this COure ought to give effect to the decree of' the Court •at
. Oentut which had crfided the ,trosteeehip to Signor. Negmui
but while the condition of justifying in this country was in.
sisted upon, the bail could not be obtained, and the pities
were kept out of the money. And Dr.:LusrliNerrow,- at the
c. calisa ipi
security go ew
powerful
urt
iiel eet
an
1 their
close of his speech, begged. to call the Court's attention to the
evils that Might follew won a practice of interposing any int-
pediMent in the way of foreigners seeking to recover per:omit
!prOperty.io this:l64oone that was not strictly and absolutely
necessary, . The great• ! inducement with foreigners, to invest
wtheii 'capital in English hinds was, the facility with which
them, , - ~ _ ! •-,e".
-they. might always obtain,
! moSniiresjaVre inNv:estielt°l
-inducement •as • that mentioned by .
,the Learned Counsel.-
trit outlli oftl gnl4t
!,With a view. to thotaecurity in the. present instance, the Court
.still felt itstlf justified in requiring bail that should engage to
Justify iti'this country. it would, however, allow the matter
!to be mentioned to ittgain next week. i • .

. . .
It is decided that a person cannot take the
benefit of an Insolvent Act who has been seen
out of prison.