The Sun.
London, England, 1805-11-28 00:00:00

set aside. Attotney tigt. AVltb) hod issued
the writ as it the County of iViiddlesex, and hid at-
tested it in London, of which the Defetich:tit not
being aware, had put in bail in Middlesex, and in
.consequence The 'Plaintiff's Attorney had -issued an
,attatlimentagainst the Sheriff, and the Defendant
was prevented from, justifying bail in proper tune.
lie therefore hoped the Court would antral the at-
taphinent, and devi.*; a method for the Defendant
to justify bail within the time prescribed, as the
failure had originated -solely by the conduct of the
Attorney.. '

Mr. justice rtoora had heard several complaintS
of a similar nature against the same Attorney during
this Term, and would certainly grant the rule ; and
as he imagined the Plaintiff would not shew cause,
bail was ordered to be justified at the chambers of
Sir ALLEN CHAMBRE.

No trials of importance or interest occurred this
day, in cobseci nen ce of the indisposition of SirJamEs
INIANsPIELn, whose absence is occasioned by a very
severe told.

COURT OF CHANCERY, Nov 27.

I►fILLEI3AN AND 'HOARE 1/..C00K.E.

This was a hill filed against,the Defendant, for
the 'purpose of compelling him to make good his
contras and refer it to the Master to inquire into
what compensation shOuld be allowed the Plaintiff
out of his purchase-Money, in consequence of a
defecit of title. It appeared that Mr. Cooke had per-
chased the house, .gardens,• fields, green-house, and
hot-house 'plants, - furniture, &c. held by the late
icarl!of Rosslyn, at liellasiser near Hampstead, un-
der lease: from the Earl of Chesterfield, for the
term of twenty-one years, with a covenant that
the Earl :Should renew the lease twice, making,
in the whole, a term of sixty-three, years. Ile
covenant- provided, that, should the eideq son and
heir of the Earl, after his coming of; age, or his as-
signs, refuse to give renewalS of the tease, the pur-
chaser should be entitled to such compensation out
of the real or persoual-etfeets of the said Earl, as
his son should inherit from him, as should be award-
ed in an action of damages, or a decree of a Court
of Equity. Mr. Cooke ordered this estate: to be
sold by Mr. Shuttleworth, an Auaioneer, at public
andion ; but a sufficient sum not haVing been bidden
for it in that way, Mr. Shuttleworth disposed of it
sty ptivatl; centrata to Mr. Hoare, who aeted as agent
for Mr. Millegan, and the sale %VAS concluded for,
the soul of 44-001. There was an article in the agree-
theni, that if any thing was Mis-stated or omitted in
the representation, it should not viol:ne the sale, but:
be allowed for to the purchaser, in proportion to
the amount °Nile whole purchase. The agreement
was made an the 27th April, on the 28th possession
was given at The request of Mr, .Millegan, and the
defect in tl.e title was discovered on the 2d of May..
On the 4th of the same month notice Was given. to
Mr:Millegan, that if he were dissatisfied with the ti-
.tle, Mr,' Cooke was willing to relieve hint from the
whole of the agreement ; cot the pith he began his
iMprovements on the est Ate; and, on the 7th filed
this bill in Chancery, to be allowed a compensation
for the defea of title.
The application was supported; at considerable
length, by Messrs. ROMILLY and NEwaoLn, and
very .ably resisted by the ATTORNEI77GE'Nfift.ti3O Mr.
RiCHARDR, and Mr. MARTIN. These latter .Gen-
tlensen argued, that the lands were held by Lord
Chesterfield, under lease from the Dpan,and Chap-
ter of Westminster, who had not power to give a
lease for inure than theee lives, ortwenty-oneyears.
The purchaser, therefore; was bound to take it upoP
the best title the vender ceuld.assign to him, such
as it might he. They thought it impossible ibr the
Master to estimate the value of, any coompensatierf
between the ditrerenc'e of 21 and 63 years; and
the more so, as it might be possible for Lord Ches—
terfield to fulfil' his covenant,
.by using his best in-
fluence With the Dean and Chapter for renewals of
the lease before the respe&ive, terms were con-
cluded. ,

On the other hand it was urged, that as the ven-
der had made a db.:l:rent , representation, from the
fact, the purchaser was entitled to an abatement of
the purchase-money in proportion to the difference
between the title which he received and that which
it was represented to be.
As there was not erne for going through. the
whole of the case, the Loan. CHANCELLOR ord.-red
it to stand over Er a future hearing.

Early on Monday evening sennight the house of.
Mr. BAirms, iii Park-square, Leeds, was discovered -
to be in flames, which threatened extensive mischief;
but the timely asiistance of the inhabitants rendered
it much less serious than might have been expe6ted.
The two houses adjoining were somewhat damaged ;
happily however no person received any material in-
jury.---This fire was occasioned - by a female servant
incautiously letting a lighted candle hit, on some
tunsiini and linens.—The same "evening Air.
TlNT►&it's shop, in Briggate, took fire, in conse-
quence of a stovepipe' communicating with some
timber; but the hates were discovered in their fast
stage and were fortunately got under immediately.

NAM'S.

OA VISIIWD, 100 V. 24.

. .
Passed by—tho I-MR:itch, Smith, from Cadii; ErrYt
tones, from 2anre ; bctsey, Quinton, froin.Libool Mary
Ann, Nicknts•nii, trout Surinam; ttetovery, Taylor, (oam,
Edwards, W.dter, and Rochdale, ----, from To-
twig() Nancy, Llissett, and Fanny, I)nm:sin, torn Tortola ;
William Dent, Musson, Prince of Waks, Starling, lack
Tat, Kent, Wilson, and Purdy, from
tainaica; ?mice-is Neve, and Grenada, Luke, from
am:tura ; St, Vincent's, loimson, from St. Vincent's;
Lady Ann, llarron, Juno, Clarkson, and Granville Day,
Mann, tram Grenada.

~• „
Sailed--.the llecovery, flacon, for the South SeaS ; Mi.
nerva, Purdy,. for • Lisbon; Flora, .Young, for ilarbAcloes;
Fortitude, Martin, Nlatdhall, Puf4Li:,M4Donald, Eques-
trian, Doulas, Culitherlan;l, Kent, anti Cornw4;',, Law-
pien, tot 141itaica.

PRICE 0

557-OCAS.

kDAY.
inlia Stock,
indtu Bonds par, vs. pr.
Exchetpler par, Is. pr.
Omr)ion), 6 .1 pr.
Ccrst. &fermi
imperi3l, 3 prr Ccnc. 5S
Ditto Ann. Z
Cons. for Op:ming, b 7 6v