The Sun.
London, England, 1833-06-13 00:00:00

MUNI V. CLARK.

On coming into Court this morning the LORD CHIEF
JUSTICE immediately proceeded to give judgment herein,
which was a specia: case, reserved for the opinion of the
Court as to the liability of an official assignee under the
new Bankrupt Act, in an action of assurnpsit, at the suit
of the plaintiff, to 0 c ,ver rent of an estate in Kent, re-
c-ived by the defendant in his character of official assignee,
to which situation the defendant had been appointed by
one of the Commissioners on the application of the plain-
tiff, against whom a commission of bankrupt had issued
several years ago, the validi'y of which the plaintiff had
dispute() five several times, but bad been defeated. After
going fully into the facts of the case, his Lordship thought
there ought to be a new trial, and there:Ore made the
ru'e absoltee for a new tria', on payment of costs by the
defendant.

INSOLVENT COURT, JUNE 12.

John Moore, upon being called for by the Chief Clerk,
was declared by the officer of the Debtor's Pt ison to be out
of custody, whereupon his order for hearing was dismissed.
It is not generally known to the public that this is not an
unfrequent occurrence. An insolvent gets what is tech-
nically called a " friendly arrest," upon which he goes
into prison and files his petition and schedule, and, in
process of time, obtains his order for hearing. Not wish
ing to come before the Court (for reasons best known to
himself), he watches the last hour of opposition, and find-
ing no entry of any creditor to oppose his discharee,
makes up h's mind nut to " pass through the Court," in
which case the insolvent does not execute the warrant of
attorney, whereby the assignment is, ipso facto, null and
void. The creditors, not knowing this, suppose the in-
solvent to have received the benefit of the Act, whereas he
is still liable to the whole of their demands.
Samuel Platt had had occasion to borrow some money
of a friend last year, and not paying the debt himself, was
sued by a person who had paid it for him, and be (the
insolvent) not paying that " person," was sued in return,
u hich action he had defended in the King's Bench. The
promissory note, it appeared, was not due at the time he
was sued, notwithstanding which the jury found for the
plaintiff, upon which the Lord Chief Justice directed a
nonsuit to be entered; in consequence of which the de-
fence (as regarded this Court) was not considered frivo-
lous or vexatious, and the insolvent was declared entitled
to the benefit be sought, and was accordingly discharged.

POLICE INTELLIGENCE.

MANSION-HOUSE.

An appeal was made to the LORD M.avoß by a Mr.
Nicholls, who looked as if he had seen better days, and
bore all the evidence about .him of pressing want. He
had, he said, been formerly master of a merchant-vessel,
and had vi-ited mcst of the ports of Europe ; he after-
wards established a hotel in the Portuguese capital, and
he prospered till the late di,sensions commenced, when
the total loss of business obliged him to return to Eng.

land, from which he went out to the Azores, to set up a
trade to which his wife had been brought up, and to un-
dertake some agencies amongst the British shipping fre-
quenting the islands. IR March last he reached St. Mi.
chaei's, with his wife and children, and such goods as his
friends enabled him to take out ; hut on the Bth of April,
without receiving any previous notice, he was placed in
charge of a sentinel, and an order in the following words
was delivered to his wife upon her expostulating :
" The Englishman (Nicholls) and his family are with.
out fail to embark immediately. (Signed) SILVA.
" Ponta Delgada, April 8, 1832."
.iffithout clothes or bedding the applicant stated he was
shipped off to Gibraltar, from whence he was sent cif,
covered with indignities, to this country. He pledged
himself that he had committed no act at St. Michael's
which, as a British subject, ought to deprive him of the
benefit of subsisting treaties in any part of the Portuguese
dominion; and he felt more peculiarly the hardship. of
want of explanation, and of the opportunity of repelling
false accusation, as he had heard since his return to Eng-
land that he had been denounced by a countryman of his
own as an enemy to Don Pedro. He had submitted his
case to Lord Palmerston, from whom he had received an
answer to the following effect, viz., that it appeared to his
Lordship that, as the Government of the Azores bad a
right to send away any foreigners whose pre.,ence they
thought dangerous to themselves, the British Government
could not interfere in the matter. An application to the
Marquis Palmetto had no other effect than a reference to
the Government at Oporto ; so that the applicant was
altogether without hope.
The Loan MAYOR said that he had nothing in the
world to do with the case, and that the answer of Vird
Palmerston as to the right of a Government to get rid of
what they considered perilous to themselves was conclusive.