The Sun.
London, England, 1832-11-17 00:00:00

BAIL COURT.-(THIS DAY.)

Mr. WIGHTISIAN applied to enlarge a rule which had
been obtained, calling on Thomas Francis Lucas, an attor-
ney, to show cause why an indenture of the apprentice-
ship of William Letts, should not be delivered up and
cancelled, and why the premium paid should not be re-
turned. Mr. Lucas had since become a bankrupt, and by
the 49th section of the Bankrupt Act, the indenture was
void, and the Commissioners were empowered to order
such a sum of money out of the b tnkrupt's assets
to compensate the apprentice as they should see fit. The
Learned Counsel therefore wished to have the rule enlarged,
in order that it might be seen what the Commissioners
might award.

Mr. RICHARDS having no objection on the part of Mr.
Lucas, his Lordship acceded to the action.

EXCHEQUER CHAMBER.-(THIS DAY.)

Lord LYNDHURST sat here to-day, when a motion in
the case of Small v. Attwood, came on by order.
Mr. KNIGHT said, he appeared there for the plaintiffs,
who now sought from his Lordship an order to restrain
the defendants, John Attwood and Phoebe Attwood, his
mother, from transferring the sum of 192,0001. stock in
the Reduced Three and Half per Cents. to -, or any
other person, and also to restrain them from receiving the
dividends on the said sum.

The case now came before his Lordship in the nature of
a supplemental bill, filed in order to obtain certain spe-
cific property according to the terms of the decree pro-
nounced by his Lordship, in the original cause, a few
days ago. It was a perfectly clear case in law,
that, when goods, obtained under a contract which
the law called fraudulent, though not criminally
so, could be traced, the original owner could re-
cover them. On this point he would cite many
cases to his Lordship before he concluded his argument.
His clients now wished to stop a transfer which had
been attempted, a transfer of stock which they were in
a condition to prove was purchased with the very Bank
notes which Mr. Attwood had obtained in part of pay-
ment from the British Iron Company, under a contract
which his Lordship had by his decree declared to be a
most fraudulent one. On the 4th of Nov., 1825, the
said Contract was completed, when Mr. Attwood received
from the Company three checks, one on the Bank of
England, one on Pole and Co., and another on Bar-
nard and Co. With the two former only had he
now to do. Mr. Attwood went and received bank notes
for them himself, the checks being endorsed as received in
his own hand writing. Three days afterwards these iden-
tical notes, to the amount of 200,0001., are traced into
the hands of a broker, placed there by Mr. Attwood, for
the purpose of investment, and then you have the fact as
sworn to, as being taken from the books of the Bank of
England, that Mr. Attwood has this sum of 192,7681.
transferred into his own name, being the very sum to a
fraction which the two checks would produce. A still
further proof was, that on that day no other stock what.
ever was transferred into the name of Mr. Attwood. Mr.
Attwood con,inued to receive the dividends on this stock
till a date which was worthy of observation. The
last order for enlarging publication in the original
cause was made on the 2d of May, 1931, and by that or-
der publication was enlarged till the 23d of May. In
June publication passed, so Mr. Attwood having all that
month, July and the early part of August, to take advice
on the whole case as it was disclosed, in the month of
August. In that year they found that this large bum
was trensferred from John Attwood to his mother, the
other defendant, Piicsbe Attwood. On the 28th of July,
1832, the power to receive the dividends was revoked, and
a new one made in favour of Jonas Smith Wells, the
elder, and Jonas Smith Wells, the younger, which
power was still in force. His affidavits stated
that they believed this transfer to Phabe Attwood
was made without any consideration, and that she was a
mere trustee for her son. It might be said on the other
side, that this transfer was for the purpose of settling le-
gacies, but it was shown that in M rrch, 1831, there were
other large transfers quite independent of this one al-
together. He considered the case so perfectly clear
that he would not trespass farther on the time of
his Lordship ; for he could not conceive that any answer
could he attempted by the other aide. It was clear that if
the notes themselves had still been laying in the hands of
Mr. Attwood, the plaintiffs would have a clear right to lay
their hands upon them ; therefore if it was proved, as it was
sonow, that this stock was the produce of the notes got
from those cheques, they were also as clearly entitled.
The iron works were now not worth more than 100,0001.,
and it was even sworn that there would be great difficulty
in getting
Now the sum the Company had to recover upon the de-
a purchaser for them at the sum of 80.0001.
cree was upwards of 300,0001., and after the gross fraud
pro.ved. against Mr. Attwood, he must not corn-
plain if he was suspected. It was clear they bad
a right to make the application even without no-
tice to the other side, but they did not wish for

any advantage. He was not aware whether there
wre any affidavits to be used on the other aide, but
if Mr. Attwood had made any, ill and all as he (Mr. K.)
liked to make any harsh allusions, he must in that case call
his Lordship's attention to the answer of the Gentleman in
the original cause. The Learned Gentleman then cited
many cases in support of his argument.
Mr. WIGRA3I followed on the same side.

The affidavits having been read,
Sir E. SUGDEN, for the defendant—Mr; John Att-
wood contended that the Court had no jurisdiction over
this money. This application was a most sin•
gular and unprecedented one, and was not sought
for by the original bill. By it the plaintiffs asked for an
account, generally which had been decreed, and by the re-
sult of that account only, could they know whether they
were to pay or be paid any money. They did not then ask
for this specific sum of 200,0001., and they must wait till
the account was taken, and then if the decree
was not complied with, bring their action for
the recovery of the money, as every other person must do.
In fact, they now asked that his Lordship shou'd set aside
his former decree, and do that himself which he had ordered
the proper officer of the Court to do, viz., to take an account,
and to take it from statements furnished by themselves only.
The money had been paid in 1825, and now they come
into Court and say that there was no contract. Why,
the contract was completed and acted upon for more than
four years, and why did they pay the money at all, if not, that
Mr. Attwood should use it as his own which he had done ?
There were no authorities on the case, and even if the
Court could grant the application it could only he if 0 e
money was perfectly traced, which it was not. Mr. Att.
wood had made no affidavit, because be denied the power
of the Court. He was ready to obey the decree, and that
was all that could be asked of him.

Mr. LOVETT followed, and Mr. SIMPKINSON was beard
for Phoebe Attwood.

Mr. KNIGHT then replied, when Lord LytinnußsT di-
rected that no transfer should take place in the mean-
time. He would again sit on Thursday, when he would
dispose of the motion.

SHIPPING INTELLIGENCE-(THIS DAY.

CHOLERA NIORBUS, OFFICIAL REPORT.

CENTRAL BoAM) OF HEALTH.
COUNCIL OFFICE, WHITEHALL.—(THIS DAY.)
DAILY REPORT of CHOLERA CASES.
New Cases. Deaths. Recoveries.
England and Wales 27 13 68
Scotland' l3 5 16

......... ...,,,...''

40 18 84
(Signed) WM. MACLEAN, Secretary.

THE MARKETS.-(THIS DAY).

COVENT-GARI
There was a good supply at tl
trade was dull. Prices about th,

---.. ..___ _
o. A. o. d.
Potatoes (cwt.) ...... 3 0 to 6 C
Ca' bages (12 heads) 1 0 1 6
Ditto Red 1 6 2 6
Brocoli' 0 6 1 6
Elorse Itadish(bundle) 4 0 6 0
Celery 0 8 1 6
Carrots il2bunches) 3 0 6 0
Virnips
Onions 2 0 3 6
Coleworts or Greens 2 0 3 6
Leeks 1 0 1 6
For. Grapes (per lb.) 0 8 2 6
English, Forced 1 0 2 6
Mushrooms (pottle)

DEN MARKET.
his morning's market, but the
e same as on this day se'nnight.
s.d. s.d.
Spinach (half-sieve) 0 4too
Apples 2 0 8 0
Pears '1 0 t, 0
Seville Oranges (100).. 6 0 10 0
Lerne •ns
English Walnuts
S i. Chesnuts (peck) 6 0 10 0
FWech ditto 4 0 6 0
Spanish Hazienuts
French Walnuts 2 6 4 0
Brazilian 2 0 4 0
Melons (each) 3 0 7 0
Pine Apples (lb.)
Filberts

HAY M A RKETS.—(At per Load of 3ti T —.se,
CUMBERLAND (LA IT. sl'. JAMES'S.)
Coarse heavy Lowland Meadow Hay £2 10 to £2 15
Nlew Meadow Hay 2 15 3 15
Useful Old t)itto
Fine Upland Meadow and Rye-grass Hay 3 15 4 0
Clover Hay 4 5 5 10
Oat Straw. £1 Bto£l 10 1 Wheat Straw ll2 113
A moderate supply, and a dull trade; prices as last quoted.

- - SMITHFIELD.
coarse heavy Lowland Meadow Hay .£3 0 to £3 5
New Meadow Hay 3 0 2 10
Useful Old Ditto 3 5 3 15
Fine Upland Meadow and Itye-grass Hay .....
;;lover Hay (extra fine)....£s s... Generally
tat Straw ... £1 6to .£1 8 I Wheat Straw 1 ,i) 1 12
A limited supply, and a slug6:ll trade; prices stationary.

SPORTING IN lELLIGENCE.

HUNTING APPOINTMENTS.

The Surrey Fox Hounds meet on Monday, at Hamsey
Green; Thursday, at the Fox at Heston; Saturday, at the Pell
at Codstone—at half-past 10.

Mr. T. Smith's Hounds meet on Monday at Greenham House;
Wednesday, at Rockley ; Friday, at Welford House; Saturday,
at Denford House—at half-past 10.

Sir T. Stanley's Hounds meet on Tuesday, at Gayton—at 10.
The Cheshire Hounds meet on Monday at Barr Bridge; Wcd.
nesday, at Shavington ; Thursday, at Marbury; Saturday, at
Wrenbury—at half-past 10.
The Cambridgeshire Hounds meet on Monday, at Childerley
Gate; Friday, at Waresley Turnpike—at half-past 10.
Earl Fitzwilliam's Hounds meet on Monday, at Sawtry Gorse;
Wednesday, at Abbott's Ripton ; Thursday, at Walcot Park--
at 10.
The Royston Harriers meet on Tuesday, at Thriplow Heath;
Thursday, at Wrastlingworth—at half past 10.
Mr. Horlock's Hounds meet on Tuesday, at Rudlow Firs.
Mr. A. Smith's Hounds meet on Monday, at Park House;
Tuesday, at Southgrove ; Thursday, at Woodhouse; Friday, at
Oare Hill—at 11.
Mr. Clutton Brock's Fox Hounds meet on Tuesday, at.
Cliffey ; Friday, at Westwood Park.
The Albrighton Fox Hounds meet on Tuesday, at Dudmas.
ton ; Thursday, at Whittymoor ; Saturday, at Patshull—at
half-past 10.
The Dumbleton Harriers meet on Wednesday, at Winch.
combe—at half-past 10.
The Upton Harriers meet on Tuesday, at Dainmore Coppice ;
Friday, at the Feathers, Castlemorton—at half-past 10.
Mr. Portman's Hounds meet on Monday, at Cucklington ;
Thursday, at Stock House.
The Somerset Vale Hounds meet on Tuesday, at Maiden
Beech Tree; Thursday, at High Ham.
The Cadberry Harriers meet on Tuesday, at Milborne W)ke;
Friday, at Leigh Common.
The Earl of Harewood's Fox Hounds meet on Monday, at
Clifford Moor; Wednesday, at Morrick ; Friday, at Walton—
at 10.

The Somerset Subscription Fox Hounds meet on Tuesday, at
Black Down ; Wednesday, at Willison ; Friday, at Crowcombc
Heathtield—at half-past 10.
The Herefordshire Fox Hounds meet onTuesday, at Eardisley
Village—at 10.
Mr. Mure's Fox Hounds meet on Tuesday, at Brockley
Green—at half-past 10.
His Majesty's Hounds meet on Monday, at Longford ; Friday,
at the Horse Shoes, Warfield—at half-past 10.
Sir John Cope's Hounds meet on Monday, at Barkhain ;
Wednesday, at Compton; Friday, at Jack's Booth, Reading
and Newbury road—at half-past 10.
The Vine Hounds meet on Monday, at Pot Bottom Farm ;
Wednesday, at the Grotto Coppice; Friday, at West Sherborn
Church—at half-past 10.
-

The Suffolk and Essex Subscription Hounds meet on Tuesday,
at Copdock White Elm ; Friday, at Bentley Hall, Essex—at
half-past 10. •
The Duke of Rutland's Hounds meet on Monday, at Bark.
ston Wood; Tuesday, at Oswarby—at half-past 10.
Mr. Villabois's Harriers meet on Monday, at Mr. Abbott's,
Castleaere ; Wednesday, at the Swan, Methwold ; Friday, at
Swaffham Race Course—at 11.

The East Sussex Hounds meet on Monday, at Maresfield
Park—quarter before 11.
Mr. Drake's Hounds meet on Tuesday, at Mixbury Lodge ;
Thursday, at Wotton House ; Saturday, at Thenford House—
at half-past 10.
Mr. Parker's Hounds meet on Tuesday, at Besselsleigh ,
Friday, at Cokethorpe.
The Old Berkshire Harriers meet on Thursday, at Witten-
ham ; Saturday, at Chilton Plain.

Mr. Osbaldeston's Hounds meet on Monday, at Sywell
Wood; Tuesday, at Stowe Wood ; Thursday, at Arthingworth ;
Friday, at Swinford—at half-past 10.
The Duke of Grafton's Hounds meet on Monday, at Stoke
Plain; Wednesday, at Castle Thorpe; Friday, at Williams's
Bridge—at half-past 10.
Mr. Berkeley's Hounds meet on Monday, at Chicheley Hall;
Thursday, at Tinker Inn, Turney ; Saturday, at Shelten Gorses
—at half-past 10.
Sir H. Goodricke's Hounds meet on Monday, at Gaddesby ;
Wednesday, at Widmerpool ; Thursday, at shearsby ; Satur-
day, at Six Hills—at 11.
ThelAtherston Hounds meet on Monday, at Combe ; Tuesday,
at Burbage Wood ; Thursday, at Hofeva's Bridge; Saturday,
at Wharton Village—at 11.

Mr. Dansey's Hounds meet on Monday, at Wire Hill,
Newstead ; Wednesday, at Mr. Sonday's, Hylme-lane ; Friday,
at Brcckwood Hills—at half-past 10.
Lord Yarborough's Hounds meet on Monday, at Chace
Hill ; Wednesday, at Grayingham Bar ; Friday, at Elkingt:Jn
Cow Pastures; Saturday, at Elsham House—at
East Holey Coursing Meeting to,:k place on Thursday and
Friday se'nnight. The Cuy was won by Mr. Webb's brown
and white dag Windover ; the sweepstakes were severally won
by Mr. Ensworth's white bitch Ermine; Mr. Williams's (of
Holey) brown dog Sir Walter Scott, and Mr. Elmore's f. b.
Easy.—The hares were plentiful and strong.
The West Kent Fox Hounds meet on Monday, at Lock's
Bottom ; Wednesday, at Horton ; Friday, at Seven Oaks
Common—at 10.
The East Kent Hounds meet on Tuesday, at the Kennel ;
Friday, at Knowlton Park--at half.past 10.
The Tickham Fox Hounds meet on Monday, at Doddington ;

Thursday, at Long Beach.
Sir R. Sutton's Hounds meet on Monday, at Stapleford Moor ;
Tuesday, at Saxilby ; Wednesday, at Scambleshy Village;
Friday, at Wragby Town; Saturday, at Wellengore—at 11.
The Shropshire Hounds (hunt week) meet on Monday, at

Fescliff ; Wednesday, at Longford, near Newport; Friday, at.
Newport, near Longjord; Saturday, at the Fox,Albrighton—at
half-past 10.

Commercial letters received from Ghent,
Bruges, Ostend, and other places in Belgium, state it as a
general expectation that the King of HOLLAND would
Kubmit to the terms of the Conference, and that hostilities
,vould not be necessary, or rather, that they would be
&voided.

CHAMBERS'S HISTORY OF SCOTLAND.—
" A most intelligent and industrious work, well calcu-
lated, by its clear style, its unimpeachable accuracy, and
its portable size, to be one of those popular histories in
every body's hands. It is alto the only history which de-
scends to the present time—a great advantage to the
reader; for it is curious to observe how miny are igno-
rant of the important events of late occurrence, who are
yet well acquainted with those of an earlier period. We
heartily commend and recommend Mr. CHAMBERS'S pro.
ductlon. A fitter companion to the Scote-historical por-
ti a of the Waverley Novels could not be placed in the
hands of the reader."..—Literary Gazette.

BIRMINGHAM RAI LWAY.—(From a Cor-
respondent.)—The regular and usual notices have been
given that the memorable " London and Birmingham"
Railway Bill will be revived in the next Session ; there-
tore there are again rare hopes for the Bar (whatever may
be the case with the bars of iron), the lawyers, the agents,
the engineers, the surveyors, the sinkers, the levellers, &c.
w ere
summoned—hosts f
Hosts of lawyers as-
n
rememberedmbed—p popposed
ith that
e Housethe Billo was
Commons's toutl , but
Committee,ine
and that it was next far more stoutly and lengthily op-
posed
l in
fletcmtuaay, blly,e oCounsel examined, cross-examined, and re-examined, till
the Bill was finally battered down to nothing—the Lords'
as-
sembled—boats
committee finally declaring that not even the " pre-
amble" had been proved ! The endeavours to priced
so far, and to establish so much as the " preamble" of
bhoe .
ts Lords'
of
witnesses Committee.
a private Bill, are stated to have cost the Company up-
wards of 40,0001. ! ! The 8.11 had to contend against
canal interests and prejudices, in consequence of the line
of way running too near divers lordly mansions, and
making rather too free with sundry Peer-leas proper