The Sun.
London, England, 1834-07-26 00:00:00

ROLLS COURT.-(TIIIS DAY.)

JUDOMENT—BARHAM V. THANET. :chat
His HoNova this morning gave judgment in this case,
readers will recollect was argued before the Court some time an'.tb
In commencing his judgment his Honour stated that it wa; has
to state distinctly the principle upon which his judgment proce,
If money was borrowed on mortgage' the mortgage was the
nal debt of the mortgagor, and if he died, the mortgage being t
o°l.
paid, the mortgage, like all other debts, must first be paid .if
the personal estate, and the real estate mortgaged was liable
there was a deficiency of the personal estates. If the mortgagor 02?:
the mortgage being unpaid, and the mortgage lands descend to 1N
heir, it could not be the personal debt of the heir who succeeden,,
the land, and whose personal estate could not be affected by
mortgage unless something be done which would give & „
claim as between his heir and executor to treat it "'for
charge upon his personal estate. If the mortgagee Pre..„„"„
the payment of the money from the heir, and he 13_,,,"'"-retit
a third person to pay the mortgage money, and to take an asale-„&at
of the security from the heir, by his entering into a bond or cove" •
with the assignee to pay the mortgage debt, the Court reastl
ably inferred that it was not to be considered that the heir inten_ni,
to make it his personal debt. The intention of the heir was eoo7t,
dered by the Court as merely to give to the assignee of the it
gage an auxiliary security by his bond and convenant, and that
was not his intention to change the character of the debt other
with respect to the personal estate. The question therefore .°:;;
whether the transaction which had taken place between the part,
was to be considered as a mere assignment of a prior security Ynot
auxiliary engagements on the part of Charles Earl Thanet,..;
whether it was to be viewed in avery different light. Sackvillernra
Thanet being in want of a sum of 80,0001., borrowed it from (15
Petre. As a security for it he conveyed to him the manor andro
of Silston, and other lands of considerable value. Lord r..,!
afterwards married, and assigned to the trustees of the mart it
settlement 15,0001., part of the 80,000/. due to him from Sac e
Earl of Thanet, and he also assigned one-fifth of the mortg,l
,
securities. Sackville, Earl of Thanet, died without paying
part of the mortgage ; he was succeeded by his next brot
the
Charles, Earl of Thanet, who became desirous of callingj,n.„,,t,
mortgage to the extent of 50,000/. Charles, Earl of '10`"-v
having no other means of paying that sum, he (Lord Petre)„
plied to a Mr. Dennison to lend him that sum. Mr. Dennison 0
very prudently advised not to lend his money upon land that take
charged with a prior incumbrance ; he declined, therefore, to trut
any assignment of Lord Petre's mortgage, or any part of it, ut,
stated himself ready to lend the 50,0001. upon the seenriliti,
of the manor and lands of Silston alone, and to leave the rest cif the
lands included in the mortgage of Lord Petre as a security for bis
remainder of that sum. This arrangement was consented to°
all parties, and the trustees under the marriage settlement of Oes
Petre, who had become interested to the extent of 15,000/, loan
with Mr. Dennison and Charles Earl of Thanet in the execution
the deed of conveyance. In that deed it was stated that litbe
Petre and his trustees, at the request and by the direction %sof
Earl of Thanet himself, joined in conveying the manor and leDi
eh
Silston to Mr. Dennison as a security for the sum of 50,000/,
he had advanced to Lord Petre in part satisfaction of his mortgeag-0
The question was, whether that transaction was to be Consider or
a mere assignment of a prior security, with an auxiliary er
gagement on the part of Charles Earl of Thanet, or NO!t .00
it was to be received in a different light. His Honour was of ofin:os
that the matter was to be viewed in a very different light.
observable that the rate of interest to Mr. Dennison was changed ff:0(1
what it had been to Lord Petre, from Four to Five per Centynta;
the days for the payment of the interest were also chen- of
and, what was still more important, a new Equive„ced
redemption had been introduced, Mr. Dennison having ref
to advance his money unless the Earl of Thanet under
not to redeem the mortgage within five years' se
Honour was of opinion that this transaction was not mere Yw.th
assignment of part of the original mortgage to Lord Petre, ;of
an auxiliary engagement, but that it was substantially a releasie
the lands in mortgage to Lord Petre ; that it was a new 111°rtg be
of the lands by Charles, Earl of Thanet ; it was therefore tote'
considered as the personal debt of Charles, Earl of Thanet,
tween his heirs and executors ; and his personal estate must t".sect
fore be first applicable to the payment of the debt. With rov
re,
to the gavelkind lands which were mortgaged, and which the Post
sent and late Earl held as co-parceners, his Honour thought _.O
that remained a primary charge upon the land, and that the pr'', 0,1
Earl could not call upon the personal estate of the late Earl °'
the amount of that debt.

IMPERIAL PARLIAMENT,

THIS DAY, SATURDAY, JULY 26.

HO USE OF COMMONS.
The SPEAKER took the Chair at 12 o'clock, when a nuinb,lrfar!
petitions, praying for support to the Church were presented b)
JONES and others.
i°
The ATTORNEY-GENERAL was Pnxious to be all°.`htl),'
give an answer to a question that had been put to him last eigls'
the Right Hon. Member for Montgomeryshire, respecting t,e
ipto
solvency Commission, and the cause of its not being sen:1000
Wales.—(Cries of " Hear, hear.") It had been found to be t'vr-slei
unnecessary, for the whole number of insolvents in gaols in 0
amounted to only twelve. The country must pay the eg)el,,o,
the Bankruptcy Judges, as they were not to receive any conrio
tion, and it would only have given them a trip through Wale
tlte
considerable expense, and without any adequate benefit. ullj
whole, it was thought the number was so small, that it sv°
better to leave their cases to be heard at the Sessions.

COERCION BILL. Wee°
Lord ALTHORP moved the third reading of the Distur
Suppression (Ireland) Bill.
t'be
Mr. RONAYNE said he felt himself compelled to oppo. is'
Bill even in its last stage—it was a most wanton and vexatiouis.io
suit to the people of Ireland, and it stood upon no other fount'oeir
than the reports of police constables and stipendiary Magistjisi
which were at tariance with the facts, for the Grand Jtire.ce
every county had been congratulated by the Judges upon the Pe Hill
ableness of their counties. He concluded by moving that the
be read a third time that day six months.
Mr. RUTHVEN seconded the amendment. ti o 0
Mr. JONES supported the Bill, but regretted that the sit°
of Irand should compel him to do so.
svtai
Mr. el
SHEIL said his objection to every portiott of this Bill - to,
that he did not consider that it was sustained by the evidenqo
the table. He contended that, in the year 1824, Ireland 05'0'
much greater state of disturbance than at present, yet these,ded,
turbances were suppressed without a Coercion Bill. He contelo'f tlits
the House ought not to bestow much credit upon the authority sr
Lord Lieutenant of Ireland, as he (Lord Wellesley) had n, for,
rived to such a stage of political imbecility as disqualified "'ape&
the Government of Ireland, as much as Lord Grey was distil the
for the Government of this country. In the year 1830, vfl'-diav'
horizon was lighted with incendiary fires from one end of Eeh;scss
to another, did Lord Melbourne call for a Coercion Bill 1 No ;
content with a Bill empowering farmers to set mantraps and 0400
guns in their grounds: Thus they treated England; but in 'hoe+
when the country was not nearly so much disturbed, they must
vorit
Coercion Bill, a Bill of such extreme severity, that in the t,
period or Tory domination they could not find a precedent for •
The House then divided, when there appeared—.
For the amendment
Against it
Majority against the amendment
On our return to the Gallery, we found Mr. O'COI" °tics,
moving the insertion of the two clauses of which he gave
last night. This was the first time there had ever been intro
into this country or Ireland, the trial of civil offences by "yr;:ilt
martial—the attempt was isolated and alone—it was the first,.ane ;cell
to be the last, and he hoped it would not be continued a te°;itis;
longer. Yet there was a clause in this Bill giving courtOn•ge,
the power of trying civil offences. Another clause inderrii.oer
officers and soldiers under this Act, and unless the 0°13)6'6
General thought fit to proceed against them, no sfeg;
however aggrieved, would have the power of doing so.---",e010'
H hear. ) Could any thing be more monstrous or outrag
The on. and Learned Member concluded by moving the i°5014
tion of a clause, to the effect that no provision in the Act sll
be construed so as to exempt officers under this Act comet-info/.
juries against civil individuals from being proceeded against
a civil tribunal.

We shall give the remaineder in our Seconil Edition.

THE MARKETS.---(THIS DAY.)

COVENT GAR]
The supply of Fruit and Vegi
morning, but the trade was dull.

DEN MARKET.
..A tO
tables was moderately go-
5. d .0
Spinach (half-sieve) 00to 1
0
Cabbage Lettuces OlO 6 i
Green Pease .. 9 1 0
Broad Beans 0 9 6 i
French Beans t 6 0 4
Gooseberries 2 0 4 p
Currants
Apples 2 0 6 0
1 Pears
1 Onions
'Sevillei /ranges(loo) 8 0 JO p
Sweet Oranges 5 0 11
7 0 0 0
Lemons
I
I 0 4 0
Walnuts
1 3 0 0
Asparagus
suu(Pects.k.)
21 6 -If
Raddishes (12 hands)
40
0! 6160 6
Span. Spanish
i, an i Frenchs Ch
hdiei
ist
at"
zol:
et
French Walnuts 4no (I, 9
Brazilian Nuts
Cos Lettuces (per score) 1 0 0
g 0
Strawberries (pottle)
. 6 "
........
Raspberries
____

s. d. to , it.
P .tat es (cwt.)
Ca bagel, White (12) 0 10 2 0
Cauliflowers 1 0 2 i
Rhubarb 1 6 I 0
Brocoli 0 6 2 0
Endive 1 0 2 0
Horse hadisti(bund.e) 3 0 5 0
Celery 0 6 1 0
Carrots 12bunclies) 3 0 6 0
rlO ps
rolewort, or Greens 1 6 2 6
Young Onions 1 0 1 6
Turnip Raddishes
• eeks
For. Grapes (per lb.' 0 8 2 6
English, Forced .
Pine Apples (lb.)
Cherries
Sea Kail (punnet)...„ 0 9 1 6
Small Sallad
Peaches (dozen)
Nectarines 0 8 10 0
Cucumbers (brace) 0 1 0 6
Melons ;each) 4 0 I. (1

HAY MARKETS - At per Load of 36 Trusses - 0
CU4 0
Coars. heavy Lowland Meadow Flay BLAND.
£3 lb to .-
.t 4
New Meadow Hay 4
5 5, 0 Useful Old Ditto ......
..............
Fine Upland Meadow and Rye-grass Hay
Clover Hay .........•
Oat 5traw............ t:1 10 to X 112 i Wheat Straw I 3 4
0
SMITHFIELD.
£
3 15 to
Coarse heavy Lowland Meadow Hay
New Meadow Hay 4 5 ,) 0
4 !
Useful Old i fitto
s. lb II
Fine Upland Meadow and Rye-grass Hay 5lO ,16
Clover .Hay extra fine .......s6 0 Generally ~,,,... 4 5 1
Oat Straw ..tl 1:1 to Xl4 1 1 Wheat Straw il4 0
HUN GERFORD. 1° 0 0
0 10 ,
Coarse Meadow Hay
New Meadow Hay 3la ) 0
4 B 0
, 0 0
Useful Old Ditto
1
Fine Upland Meadow and Rye grass Hay
4 0 *A
Clover Hay

Oat Straw

.X 1 12 to .f 1 14 I Wheat Straw

BIR THS.

.~~ ~I

On the 24th inst., at Nettlestead, the lady of the Rev*
Cobb, of a son. °or
On the 25th inst., in Sackville-street, the lady of Sir Se/Ili
Blanc, Bart., of a son. A dog p
On the 25th inst., at the Archbishop of Canterbury's, 21,41 i%
Park, Surrey, the lady of Sir G. Beaumont, Bart., of a%

MARRIED. ack
On the 24th inst., at St. Mary's, Bryanston-square, J•11,1,e Wept
Esq., of the Madras Medical Establishment, eldest son or
J. Flocton, Rector of Sherborne, Norfolk, to Anna Mans'
daughter of F. J. Humbert, Esq., of Oxford-street.
q V 'of
On the 24th inst., at St. George's, Hanover-square, Al:01,
J. Richardson, of ak Hall, Essex, to Augusta Jane 141010,10001
Park-street, Grosvenor-square, second daughter of the late
reed
Hippisley, formerly of Lea-court, Somersetshire, and ree
the island of Guernsey. 9:4,44
On the 22d inst., at Neston, Gambier Charles BePle„1,01,"
second son of the late Captain Alexander Becher, R. 1,1-, •
fourth daughter of the late William Seller, Esq., of Chest
DIED. 'gilt Off.
On the 25th inst., George Charles Campion, the in
of
Geo. J. Rush, of College-street, Chelsea, aged 15 daY5:, „
On the Ist of March last, at Madras, John- Mitchell,
Hon. Company's Civil Service, aged 24.

London : Printed and Published by MURDO YC""
at The Sun Office, No. 112, Strand.