The Sun.
London, England, 1833-07-08 00:00:00

GREENHOUGIi V. GASKELL.

This was an application to stay the proceedings in a
trial at law, on the ground that the defendant had procured
the payment of a sum of money out of Court to one
Darwell, who had become insolvent, and who, but for the
interference of the defendant, could not have obtained that
sum. His Lordship, without deciding the rights of the
parties or the merits of the suit, thought there was no
ground for restraining the injunction, and the appeal was
tiler e`ore dismissed without costs.

GUT V. SIIAR.V.,

His LORDSHIP decided in this case, that, according to
the true construction of the will, the legacy given by the
codicil was cumulative, and not substitut'rial,aad affirmed
the Mister of the Rolls' decision.

COURT OF REVIEW, JULY 6.

IN THE MATTER OF JACOMB'S BANKRUPTCY.

Mr. RICHARDS eppeared in support of a petition,
which prayed the Court to stay the bankrupt's certificate.
The Learned Counsel stated once or twice that his client
h i sued the bankrupt 3t law, and had proceeded to exe-
cution against his goods, but had not proved his debt
under the commission -

. _
Mr. Justice Citoss—Then he is not a creditor.

Mr. RICHARDS (raising his voice).—Which observation
your Honour would not have made if you hail not inter-
rupted me before I had finished my sent, nee.
Mr. Justice Caoss—l can assure you, Mr. Richards,
that in the interruption, as you call it, which I gave to
your address, I intended you no personal disrespect.
Mr. RICHARDS—Oh, as to personal disrespect, of
course, your Honour is too just to intend it, for I have
never shown you any.
Mr. Justice CROSS—.-I wished merely as a Judge to
state to you my opinion that you were assuming a fact
which did not exist, and to call your attention to it.
Mr. RICHARDS—But if your Honour had heard me
out you would have s tved yourself the trouble and me the
annoyance of the interruption.
Mr. Jusice CROSS-I should be sorry to think that you
had lost your temper upon this occasion.
Mr. Chief Justice ERSKINE hinted to Mr. Richards
that he was a little surprised at the unprovoked warmth
which had been shown.

Mr. RICHARDS proceeded for some little time to argue
his case, when
Mr. Justice ROSE said, Mr. Richards, I should have
thought that you would have argued this case with much
more temper. You must be aware that you have not a
leg to stand upon. Nobody knows better than you, that
when a creditor comes in to prove under a commis ion of
bankruptcy, he must abandon all legal rights and pro-
ceedings whatever. Now, here you have not only pro-
ceeded at lsw, but gone on to execution, which you still
hold, and are not th,refore a creditor. The petition must
be dismissed.
Mr. SwawsToN—l apprehend my' Learned Friend
has said all that he could oay upon the subj,!et.
Petition dismissed.

NAVAL INTELLIGENCE,

(From the Hampshire Telegraph.)
PORTSMOUTH, JULY 6.—The Rapid, 10 guns, Corn
mander S.vinhurne, arrived on Wednesday, after nearly
four years' service in the Medit.rranean ; she left Malta
on the 27th May, and Gibraltar on the 18:11 June, con•
sequently brings no news, as she sailed previous to the
last packet. We learn that the volcanic eruption, called
Graham's Island, still continues a dangerous shoal, there
not being more than eight feet water on it. The Rapid
is come into harbour to be paid off, but will not be again
commissioned by a Commander.
The Briseis packet, Lieutenant Downey, arrived at Fal-
mouth, on Thursday, from Mexico and Jamaica, with the
mails, and 300,000 dollars on freight ; left Tampico 30th
of April, Vera Cruz 9th, and Havannah 29th of May.
The progress of the cholera had abated considerably at the
Havannah for about five weeks before the packet arrived.
The disease had been very fatal among the blacks in the
interior, but the white people had escaped with little loss
in comparison with the others. The great droughts
throughout the West Indies had proved very destructive to
the sugar and coffee crops. The Firefly steamer, Lieut.
Baldock, arrived on the same day from the Mediterranean,
left Corfu on the 4th, Malta on the Bth, Gibraltar on the
17th, and Cadiz on the 18th of June.
His Majesty's ship Pearl left Halifax on the 22d of May,
after a refit of ten days, leaving the Columbine in harbour,
undergoing a thorough refit, having been nearly run down
by the Arachne ; they were obliged to strengthen her by
putting in knees between her guns. The Pearl arrived
at Barbadoes on the 28th of May, to await the return of
the Pallas from Antigua. The Arachne was there, but
in a very leaky state.
The Clio, Rifleman, Wasp, Sparrowhawk, and Chil-
ders, 18, are ordered to be brought forward for commis-
sion. The Wasp was undocked yesterday, and Childers
taker. in; the Rifleman came down the harbour, and was
taken into the basin on Monday, and will be docked during
the week.
The Pantaloon, 10, Lieut. S.C. Decree, arrived yesterday
from Plymouth, and returned to-day.
Yesterday passed by the Upton Castle, from Bombay
for London, left 27th February ; and arrived today, the
Alexandria, from London for Calcutta; Tuesday sailed the
Marquis Hastings, and Sir E. Paget, for Bombay ; Thurs-
day sailed Lord Hungertord for Calcutta, William Brian
for Van Diemen's Land, and Aurora for Sydney.
SHEERNESS.—Au extract of a letter from the Lords of
the Admiralty, hearing date 27th June, states that in all
future promotions merit alone will be the road to prefer-
ment. From the second class, men are to rise to the first
class, from the first class to the leading men, from leading
men to inspectors, and from inspectors to be foreman of
his Majesty's Dock-yards. A copy of this has been placed
in the most public situation in the yard. The Victual-
ling Office is ordered to be cleared and delivered up with-
out the least delay. Mr. Hart, chief clerk of the Victual-
ling Office, here, has been allowed to retire on a superan-
nuation of 2041. per annum ; and Mr. Baring, clerk of
the dockyard, on 90/. per annum ; both officers after a
long and honourable servitude. An inspection of the
Engineer Department having been made by the Hun.
Captain Duncan, storekeeper, and Colonel Fanshaw, of the
.onourable Board of Ordnance, the following officers will
be reduced, viz., the foreman of the works, the whole of
the mechanics, labourers, and horses, excepting two of the
latter, which will be retained to raise water from the well.
The engineer's clerk, the office-keeper, and well master,
are to be continued, and the work will in future be done
by contract.
PLYMOUTH, JULY 4.—The Mutine packet sailed yes-
terday for Falmouth. Messrs. Rowe, Dominey, Fowel,
and May, measures in this dockyard, were superannuated
yesterday. In Hatnoaze—San Josef, Caledonia, Revenge,
Forte, Endymion, Pyramus, Dee, African. In the Sound
_Tbunder, Pike.
PROMOTIONS AND APPOINTMENTS.—Commander Mark
Sweny, and Lieut. R. B. Watson, to the Vernon ; Com-
mander H. Boteler, to the Coast Guard; Lieutenant
Hector Tause, and Mr. Edmund Picoti Cole, Second
Master to the Challenger ; Lieutenants R. H. Elliott,
Charles E. Powys, and Mr. J. Martin, Purser to the
Endymion ; Lieutenant E. Lake, to the Caledonia ; Lieut
R. W. Dunlop, to be Retired Commander ; Mr. J. Mar.
kett, Midshipman, to be Lieutenant; Lieutenants R
Percival, R. Dowse, W. L. Stephens, G. B. Bunbury,
J. Shambler, W. Lane, to the Coast Guard ; Lieutenant
John Pyke, to the Castor ; Lieutenant J. R. Davies, to
the St. Vincent; Lieutenant M. Arrindell to the 'Etna ;
Lieutenant A. Montgomery, to the Orestes ; Lieutenant
J. S. M. Watson, to the Lively ; Lieutenant J. Riddle, to
the Fox ; Lieutenant R. Taylor, to the Victorine, an,i
Lieutenant J. Steane, to the Sprightly, Revenue cutters,
Mr. S. E. Northcote, Master, to the Nimrod ; Mr. J. B.
Hatton, Assistant Surgeon, to he Surgeon of the Ha ce-
horse ; Mr. J. Sloane, Assistant Surgeon, and Mr. fl
Lic
Secoue Master, to the Forte; Mr. H. idCle;

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-:oll3ll:lt,anAt6BBisutragnetoSntlrgt:o ft: et., vV7l.39:orlyt;r:Mttr....l.llßolivilernr,
\ssistant Surgeon, to the Swan Cutter.
RoTAL MantuEs.—Satositt Lieutenants Holloway and
ipperton, R.M.A., are ordered to join the division in
tie Tagus; Mr. J. P. Stevens, to be a S cond Lieutenant
it the Woolwich Division ; Captain Gillespie, to the Re-
cruiting Service, vice Sayer; Lieut. Hamnet Parke, to
rl.e Royal Marine Artillery.
PRO3fOTIONS DURING THR QUARTER...-.To be Admiral
of the Fleet—C. E. Nugent, Esq. To be Captain—W.
S. Glascock. To be Commanders—T. Ros., M. Foot,
F. Baker, Hon. Edward Howard, W. Brown. To be
Lieutenants—C. H. Baker, T. Smith ON S. Granfell,
W. G. Maude, R. Harris, J. Markett, W. D. Masters,
H. Seagram, J. R. Dacres, G. W. Woodhouse, Hon. H.
Stewart. To be retired Commanders on Ss. 6d. per day
—W. Satnwell, J. Roberts (a) N. France. To be retired
Commander on is. per day—John Turner. To be Mas-
ters—None. To be Surgeons—W. Martin, J. Hilton.
ro be Assistant-Surgeons—W. B. Dolling, S. Livesey.
To be Purser—J. Lyall.
MARINE OFFICERS.—To be Captain—G. H. Coryton.
To be First Lieutenants—R. Wright, J. Fr.iz r, W. Hut-
ton, To be Second Lieutenants--•R. B. Puddicombe,
W. S. Budd, W. 0. Mc. K. Belblir.