The Sun.
London, England, 1840-04-30 00:00:00

WOOD V, lIITCHINGS.

Mr. TURNER moved, on behalf of the plaintiff, Sir
Matthew Wood, that the receiver might, with the appro-
bation of the Master, to whom the cause stood referred,
sell and dispose of all such parts of the personal estate of
James Wood, of Gloucester, the testator, as consisted of
stock in trade, furniture, plate, and household effects.
The Learned Counsel submitted that the motion was
carried. The property at present was wholly unproduc-
tive; and what his client sought was to have it converted
into money and made productive.
Mr. KINDERSLEY, on behalf of the next of kin, submit-
ted that there was no necessity for selling the few
trinkets and personal ornaments and the plate: of
the testator, with a view of making it produc-
tive. The estate of the testator consisted of stock
in the funds to the amount of upwards of 600,0001.,
yielding an income, at 3 per cent., of 18,000/. They
did not object to the sale of the stock in trade, but the
plate and trinkets, and so on, the relatives of the testator
would naturally be desirous of keeping, and it might ulti-
mately be decided that they were entitled to them.
Mr. TURNER observed that if it was desired any parti-
cular articles should be retained, his client would offer no
objection to it.

The MASTER of the Rot,Ls—lt is not necessary to sell
them for the purpose of meeting any demands on the estate.
Mr. KINDRRSLRY-Certainly not, my Lord.
It was ultimately agreed that the order should merely
extend to the sale of the stock in trade.

His Lordship having got through the motions, rose
shortly after one o'clock.

BAIL-CO URT-(THIS DAY.)

IN THE MATTER OF JOHN THOROOOOD.
Sir F. Pou.ocx applied for a rule to show cause why
a writ De contumace capienda, issued by the Ecclesiastical
Court, and under the authority of which John Thorogood
was imprisoned in Chelmsford Gaol, should not be set
aside, and John Thorogood liberated. He made the ap-
plication on three grounds. Ist, That the citation issued
from the Ecclesiastical Court, against John Thorogood,
for subtraction of Church-rates, was not issued as it
ought to have been in the name of Doctor Lush-
ington, the Commissary, but in the name of the Bishop
of London ; 2d, that it did not set forth that the amount
of Church-rate demanded from John Thorogood was under
the sum of la, neither did it set forth that John Thorn-
good had been summoned before two Magistrates, and had
then questioned the validity of the rate ; and 3d, that the
words introduced into the writ issued from the Ecclesias-
tical Court were not in the form set forth in the Act of
Parliament.

Mr. Justico WILLIAMS did not consider the last point as
one of any very great importance ; but taking all the cir-
cumstances into conaiderAtion, he felt it his duty to grant
the rule.—Rule granted.

EXCHEQUER COURT-THIS DAY.

SITTINGS IN BANCO.-WALL V. COPE.

Mr. KELLY showed cause against a rule for a nonsuit
obtained in this case so long ago as Hilary Term last.
The action was brought for the recovery of an attorney's
bill. The defendant pleaded the statute of limitations.
There was no question that the dates in the bill were be-
yond the period of six years. The question was whether
the payments of 21. 2s. and 10s. 6d. did not bar the sta-
tute. These payments were made in the following man-
ner. The plaintiff was the solicitor for the Commission of
Lunacy against Miss Bagster, as also in the case for the
nullity of her marriage with Mr. Newton. The defendant
was a witness upon the occasion. That trial was had in
June 1832, and in the July of that year the defendant
wrote to the plaintiff to get his expences, &c., for his at-
tendance, and place the amount to the credit of his account
in his (plaintiff's) books. It was in March 1833 be-
fore the witnesses in Baxter and Newton were paid
their expences, and on the 14th of that month plaintiff
wrote to the defendant, inclosing receipts for 21
25., and los. 6d. which had been allowed him
for coach hire, asking him to sign them, and he (plaintiff)
would place them to his (defendant's) account, according
to the instructions contained in his note of the preceding
July. The Learned Gentleman contended that these pay-
ments were clearly made on account of a larger sum then
due, and consequently the whole bill was taken out of the
operation of the statute.

Mr. EhLE contra contended that there was no proof that
the money was not received by the plaintiff in the charac-
ter of trustee or banker for the defendant.
Mr. Baron Pent E---Whatdo you say to the defendant's
letter of July, 1832 ?
Mr. ERLE—That letter was written before the six years,
and supposing there had then been account due to plaintiff,
it might have been settled. However, ho contended that
the money so received by the plaintiff, although on defen-
dant's account, was not a payment according to the mean-
ing of the Statute of Frauds, and if so he was entitled to
have his rule made absolute.

Mr. MONTAGUE SMITH followed on the same side.
The LORD CHIEF BARON said, although he had no
doubt at all upon the matter, for he thought it was clear
that the plaintiff had the power to apply the money received
in any manner he pleased, and if it were applied to a bill
even fourteen years due, it would take it out of the Sta-
tute. The Court, however, were anxious to give the case
further consideration. They would, therefore, postpone
their judgment for a short time.

The Free Society of Abeona, of Brussels, has
published the conditions of the general course which the travel-
ling pigeons are to perform, which they offer to all the amateurs
of the kingdom, on the 19th of July next. The premium is
to be 300 francs, and the subscription for each pigeon 10 francs.
Persons desirous of subscribing are to address to the residence
of the above Society.
MRS. FRY AND THE COUNTESS D'OULTRE-
MONT.--The following anecdote is sent us by a correspon-
dent at the Hague:—" A few days ago a postmaster on
the frontier towards Germany received orders to have a
certain number of horses ready next day for a lady travel-
ling incognito. The idea immediately came into the post-
master's head that such orders could relate to nobody but the
Countess d'Oultremont, who has been given out as the in-
tended wife of the King of Holland, and he communicated
his suspicions to his neighbours. The rumour spread like
wild-fire through the town, and, next day, when the tra-
vellers and their carriages arrived, they were nut a little sur-
prised to find the whole population turned out to receive and
stare at them. The horses were changed, and just as the car-
riages were starting, the travellers threw into the midst of the
crowds that stood around some handfuls of small money, and a
number of little pamphlets. The gazers scambled for the
cash, and pocketed it forthwith ; they then thought of exa-
mining the literary bequests of the travellers—they were tracts !
The lady travelling incognito was the beneficent and amiable
Mrs. Fry !"
MARRIAGE EXTRAORDINARY.—A couple
were arranged at the altar table at Keighlcy church on Monday,
for the purpose of being married. After having got placed in
order by the sexton, the minister proceeded. When they came
to that part of the service where the ring was wanted, no ring
was to be found, and the real intended husband had gone to buy
it. Shortly he came, and produced the ring, which was put
upon the book, and afterwards upon the finger of the bride,
by the person intended to give her away: they then proceeded
to complete the business, the man who had been regularly pub-
lished standing by. The ceremony being completed, they
went in the vestry to register; the minister hating entered
thorn, called upon the person mars jetl to sign, and ho answered,
ff It's noone a me—that's The minister, not half-
pleased, finding wet his mistake, returned with the party to the
altar table, and married the woman to her proper lover.—
Holifax Express.