The Sun.
London, England, 1832-03-24 00:00:00

MEMORANDUM.

By the Act 4 Geo. IV. c. 71, a Sum of 60,0001. per annum is
paid into his Majesty's Exchequer by the East India Company
on account of the Charge for retiring Pay and Pensions, and
other Expenses of that nature, arising in respect of his Majesty's
Forces serving in India. The Sum is applied annually towards
the general Expenses of the State.
War.office, March 19, 1532. JOHN HOBHOUSE.

CHOLERA NIORBUS. OFFICIAL REPORT.

CENTRAL
COUNCIL OFFICE,
DAILY REPO

BOARD OF HEALTH.

COURT OF CHANCERY.-(THIS DAY.)

EXPARTE COX IN THE MATTER OF JARVIS A
BANKRUPT.-IMPORTANT JUDGMENT-

The points in this matter were discussed a few days ago. A
Commission of Bankruptcy was taken out, and an adjudica.
Lion took place. The 28 days expired within which a
Commission after it has issued usually finds its way into the
Gazette, without either this Commission having been Gazetted
or notice of the adjudication having been given at the office
of the Secretary of Bankrupts, A second fiat issued on the
application of another creditor on the twenty-ninth day after
the issuing of the first. The party who took out the first then
came forward and said it wag his intention to open the com-
mission forthwith, and that he would have done so earlier, had
the party issuing the second expressed a wish to that
effect. A petition was then presented to his Lordship,
praying that he would be pleased to annul the second fiat
on the ground that the proceedings under the first were
regular, the adjudication having been made on the 26th
day, and the Gazetting on the 23rd day. The Counsel for the
petitioner contended for the validity of the first process. Sir
Edward:Sugden, for the respondent, relied principally on the doc-
trine of Lord Loughborough, expressed in an order made by him
in 1793, that it was necessary that a fiat should be proceeded
with within twenty-eight days from the day of its issuing, other-
wise another party should be at liberty to take out another, and
that if there should subsequently be a struggle between the two
parties, the party issuing the second fiat would be preferred.
At all events, the Ldarned Counsel argued here that notice
ought to have been given.
The LORD CHANCELLOR, after all the consideration he
had been able to giveto the case, did not consider the doctrine of
Lord Loughborough inflexible, nor did he, in the result of all
his researches, find that a bona fide proceeding of this sort was
necessary to be treated as a proceeding that must either lead to a
notice of it in the Gazette or at the Bankrupts' Office. It was
expedient, that, at least. notice! at the Bankrupt Office should
be given. Had the notice been given in the present instance
the second trial would not have been granted. In the circum.
stances here, therefore, his Lordship judgment was, that the
prosedendo should issue on the first trial—that the second should
be annulled, but that in consequence of no notice having been
given at the Bankrupt Office of the adjudication, the party
taking out and sustaining the first fiat should pay the costs
attending the issuing of the second.

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Ballast Office Deb. 4p. c. Commercial Buildings