The Sun.
London, England, 1835-05-09 00:00:00

HOUSE OF LORDS.-(THIS DAY.)

NA
RLordD , s a
tßßiOnUtohneAmH,
outhsee Earlof o f
Lords D
to-day,
Scotch Appeals.
JEFFREY V. PAUL. pith the
morning Their Lordships were occupied the whole mo • terdg;
arguments on this Appeal, which was partly heard Yes
the question in which is, whether certain trust funds bellibe
to a trust estate were to be applied to the purposes ots,,,
trust, under the direction of the two solvent and acting tru,Ter
Yd'itya,ndatVlisl"ou'enitolAlt;
for the payment of large outstanding trust debts; or whei'veo
the private creditors of one of the trustees, a bankrupt,
entitled to carry off a share of those trust funds as We
'bent
vidual property, without performing the obligations incur°
upon him. beb,ll
Dr. LUSIIINGTON was addressing their Lordships on
of the appellant when our reporter left.
CHANCERY COURT.-(THIS k )
The VICE-CHANCELLOR Justice BosAiwysl'sat
and Mr.
as Lords Commissioners to-day in the Court of Chan Ceil.
HARDMAN V. ELLA MES. Al
The VICE-CHANCELLOR gave judgment in this age'p
was an appeal motion to discharge an order of the
of the Rolls, dismissing the motion with costs. •
ELME SLUE V. YOUNG. L. Cilie4
The VICE-CHANCELLOR, also alive judgment Johnt"lsLeach•
which was an appeal from the gave judgment
which was an appeal from the decisioi of Sir
~ ;ell
The question was as to the construction of the some psi
of kin."—Their Lordships reversed the decision of the
below. re
The VICE-CHANCELLOR, having given these judgtl2,ell,s the
tired to his own Court, and the Master of the IteZ, st 7
Chief Lord Commissioner of the Great Seal, took It'.:ortd
this Court. Their Lordships were occupied till our rer
left with an application of Mr. Pitt.

.. _
KING'S BENCH.-(THIS DO)

KITCHENER V. POWER. SO
Lord DENMAN gave judgment in this case. It waissbigk'
tion of trover, brought by the plaintiffs as assignee' 11°
rupt, to recover the price of a quantity of bacon se,,,lfore
bankrupt to the defendant. The action was tried nv ree',
Lord Chief Justice, and at the trial a tender of the
ings under the Commission was made on the octr.
.14
the plaintiffs, for the purpose of proving tee or,
the bankruptcy ; but the evidence hard been 01
by the Learned Judge. The plaintiffs were, VOL
nonsuited ; and the only question was, whether tiiieforserhs
Judge was right in rejecting such evidence. A rwe 400,4,"
aside the nonsuit having been subsequently obtaint.,,,,,tin
point, the Court, after a consideration of all the eir-:,
was of opinion that in the present case the defendan",'"
either to the assignees or the bankrupt, and that 01'.orlioiw.
to the assignees would be protected by the 94th gee °0
statute. It appeared also to the Court, as vvell(a"
ofetoo
toot
sideration of the words and intention of the statute A.,
weight of authorities, that in the present case the P beep 1,14
under the Commission of Bankruptcy should bail •f
ceived in evidence, and consequently the rule for BO"'
the nonsuit should be made absolute.
n 0./
COMMON PLEAS.—(THIS

BURT V. COCHRAN.
This was an action by the plaintiff, an attorlfer
amount of a bill of costs (5001.) which had bOll bid
the prothonotary by the Court, to tax the same. , oich
Mr. Sergeant ANDREWS now moved that a ruLo,oooteof
been obtained by the defendant, directing the Pr°',1001.1464
enquire into the circumstances of an allege(' tot „tr. of
2,000/. by the defendant to the plaintiff, who had 6 tel
credit for the same, and also the circumstances of

for the amount of the bill, be discharged.
Mr. CUMMINGS supported the rule. h aid be ill
The COURT was of opinion that the rule s-° 0,14
charged. The case had been referred to the prothoa
10 tr
the regular way; but this rule proposed proefe-13.,,, of re
were irregular. There were affidavits on the riieferie
plaintiff, in which he positively swore that he bad of the fp
ceived the alleged payment of 2,0001.; but affida/itsreo°o
fendant were very indistinct upon the point, and the took
evidence before the Court, that such a sum palled tilej
defendant to the plaintiff in any way. If, howefercjicnd
davits of the plaintiff were false, he was liable to atti:" sr,/
for perjury, or the defendant might file a bill of eq111000:07:
him ; but no directions could be given to the Pre; ifl
and if they were, he would not be bound to 81'svio-rd
gatories which might criminate himself. The gr°_, „91.,,,et
retainer was abandoned, but had it not been aban"°"tbs°'
laid down that the prothonotary could not entertain
deration of a retainer.—Rule discharged with costs'
EXCHEQUER COURT—(TIIIO
GREEN V. ROWAN AND ANOTFIgg• jt,
This was an action brought to recover the sumo fl7he" fore IV
the Commissioners of Police, tried a few days fig°ii ifl
Baron Gurney, when the facts appeared at lerlP,'"
she
Sun.
Mr. PLATT now moved for a rule to show cos% ,ty
nonsuit should not be set aside, on the ground that :it of
fered sufficient evidence to go to the Jury of the lacissiOrtil
money having gone into the hands of the Coialli
The short facts of the case arc these :—ln 1831 the •
r 2
was taken into custody, charged with robbing a 5- itiblie
Williams, of money to the amount of 171. odd., dull
searched, and the money found upon her, and 1.0;7,0 /
of by Fagan, an inspector of police. The plaintiff oesoL4
at the Old Bailey, and acquitted. She then, bibatfid
her Counsel, applied for the return of the money' of
Tenterden, who then presided, ordered that the 111°1:10 forbid
be retained by the police. Application was In el,
money in last year, when it turned out that the riate.aii
been paid over to a Mr. Smith, at that time a supead
of police—shortly after he was thrown out of a giftheo;:ei
and it appeared he had never given any account o
These facts having been given in evidence before till;
ty
Baron, he directed that the plaintiff should be ealletarr.otielp
After hearing Mr. PLATT upon the part of the p,
Court decided that the Learned Judge had decided
and refused the rule. IrJ

INSOLVENT COURT.-(111110
13fdieif. r
Thomas Steek, a builder, was opposed by a .11.* f
The insolvent, some years ago, borrowed 12°'' rest-
field. He only received 181. of the money---the the Vol
law costs and the payment of some money to obtvr.,,ifl
on which the money was advanced. In the 1201. t7oti
granted Mr. Byfield an annuity of 101. a year, an, "nt
of covenant an action was brought. The insole cot
non est factum to the deed, which precluded Ir°, fortY
r
into various circumstances. A verdict was ed- th
and the costs amounted to 301. The complaint It- SO
insolvent had made a vexatious defence. if OS
Mr. Commissioner HARRIS sentenced the /115°- a
months' imprisonment. .
Henry Linton was discharged. .4 /die
The case of John Co. r, of Bow, Middlesex,

SHIPPING.—(THIS DAY')
Alp
FROM LLOYD'S. irrrAolk
DEAL, MAY B.—Wind W. S. W., moderate
Richard Reynolds, Dickson, from Sidney in .hiPllOl
Gayner, from Antigua; Dominica, Wenshan,_ o°-
Active Cale de Angelique, from St. Michae4- ;
Anne, Prowsa, from Palermo ; Union, from Lentil
Sophia, Balcher, from the Mediterranean • Raenfeke-bo' 0; PI
from Cadiz ; Alexander Adam, Cargill, 'from .00
and Anne, Almond, from Charente. Union, 14" ittlifir
Cork ; and Royal William, Cooper, 'from Galwa for
from the River and sailed the Mexico, Buckinghe,,:ceP.
ladelphia ; and Lady Vaughan, Humphrey, for Gle-
Pr 0
PORTSMOUTH, MAY B.—Wind v
S. d the fP9
PLYMOUTH, MAY 7.—Wind N. W.—Arrive vu,
ment, Scall, from Tcneriffe ; and Friends, v-11
C harente. h
FALMOUTH, MAY 7.—Wind N. N. W. to W., fresh Astr
Arrived the Salvatric, Castellano, from Galipoly• 0. Cl
DARTMOUTH, MAT B.—Arrived off port the Cig
son, from Havannah.
e
th fbils
ISLE OP WIGHT, MAY B.—Arrived off port --
ir°°
phia, Morgan, from New York.
SCILLY, MAY 4.—Arrived off, the Phozenii, picot, ;go;
Rio Janeiro . and Caroline from Venic • M•O.-
BRISTOL, MAY B.—Arrived the Arab, -----•:fr°°3 fro®
ridekiti
and Naiad, —, from Zante.
MILFORD, MAY B.—Arrived the Pursuit, A1,,,e18-tb,
Alexandria ; Brisk, Ivey, from Smyrna; and Heath, d
from Leghorn. . GiOfer' CCP'
LIVERPOOL, MAY 7.—Arrived the Tallahassie, giaugo
Jane, Mitchell, from New Orleans; Aide-de-Can%; fooAtlr;,
from Savannah ; Thomas, M'Queen, from Charle
Allen, from Charleston ; Ajax, Hearn, from Se pi°oo4
Nimrod, Barrett, from Smyrna; Judith and Esther!idget 11P
from Aviero • Ruby, Farrant, and Gertrude., Guthrorg,
Lisbon ; and John and William, Wulff, from Da„....4
port, the Amity, —, from Mauritius; Hebdent
Odessa; and the Warrior, from
Messina,oo'
an
The Mariner, for Liverpool, was on shore at Sal
17 be'
ult. h
The Sirene, of Dram, Backman, sunk on the t
twcen Logndahl and Hitteroe--crew saved. dg Of j,°-,
The Little Turk, Dragher, with 15 hogshead Afart'''
was driven on shore near Antigua, on the 15th of
it was feared would be lost.

___----------........
------------ dinner for°;
A great stir has been made about the `*".", of, fri
posed to be given to Sir Robert Peel, by the Toile:00001
don. The Tories say that as much as 10/. hai be,,„„t, 0
being ke,
for a ticket, but we learn that they haw about!
of theit°
with difficulty find purchasers at 21., to me
I I"
clique. pe,s 01
Earl 4
Viscount Cantelupe, eldest son of „iao bot,
atanidionGroafnGdsroennatdoietrheGuDarudkse.ofDorset attained bis —tora
the 25th ult. His Lordship is a Lieutenant in the
ir"
Oitt i
Lord Dinorben arrived on Wednesday op vi
House, from his scat in Wales. The family owe
his Lordship. Or'
f :„ndS 0f f 1,01
D UNGAR VA N. —. Though all the 01,—, iNO; do
O'Loghlen could not obtain their desire, the mai,9l;irea
Solicitor-General was on the gross poll two fin
seventy7four, cut of a constituency of 450 !