The Sun.
London, England, 1832-11-06 00:00:00

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(No. 12,529.)

ROLLS COURT, Nov. 5.

MERCY V. ROBERTS.

This was a bill filed by the assignees of the estate
of an insolvent legatee, for the purpose of recover-
ing a legacy of 400/., bequeathed under the will of
his father for his sole and absolute benefit. The
will vested a discretionary power in the executors
as to the mode, extent, and time of the application
of the property; and the question turned upon this
circumstance—whether, on the principles of the
Court, this discretionary power over this equitable
property of the insolvent should defeat the claims
of creditors.

His HoNouß said if this property did not vest in
the assignees, it would remain in the executors, to
be exercised at their discretion in favour of the in-
solvent. The policy of the law, however, did not
permit the property to remain in a state to be ap-
plied in any manner to the insolvent's benefit, and the
discretion of the executors was therefore at an end.

In this case a question incidentally arose of consi-
derable nicety, and on which there does not appear
to have been a very clearly-expressed opinion in any
of the authorities, as to the power of the assignees
of an insolvent to commence and prosecute.a suit
without the consent of the creditors of the estate, or
a majority of them.
His HONOUR expressed a wish that the point
should be argued by Counsel on a future day, and
he would afterwards communicate with the other
Judges, in order that a uniform principle might be
adopted.

COURT OF COMMON PLEAS, Nov. 5.

MELLISH V. RAWDON AND OTHERS.

This was an action brought by the plaintiff, a
member of the firm of Messrs. Gore arid Co.,
against Me=srs. Rawdon and Co., of Liverpool, to
recover .540/., the amount of a bill of exchange,
drawn by the defendants at sight upon Messrs.
Guamaraens and Co., of Rio Janeiro. The action
was tried before Lord Chief Justice Tindal, in the
London sittings after last term, when the Jury re-
turned a verdict for the plaintiff.
Mr. Sergeant TADDY now moved for a new tr'al,
on the ground of misdirection on the part of the
learned Judge.
The COURT granted a rule to show cause.
GOODMAN V. BEAUMONT AND ANOTHER.

This was an action of libel, tried at the last York-
shire Assizes: it was brought by the plaintiff, an
Alderman of Richmond, against the defendants, the
printers of a pamphlet, which imputed to him that
he had been guilty of peculation in putting 2d.
a bushel into his pocket when charging for coals
which he had supplied to the poor during his office
of mayoralty. The defendants pleaded several
special pleas in justification, and the Jury having
found a verdict for the defendants on four of those
pleas,
Mr. Sergeant JONES to-day moved that judgment
be entered for the plaintiff on all the pleas, not with-
standing such verdict, on the ground that they fur-
nished no answer to the declaration, the charge in
the libel being that the plaintiff had put 2d. per
bushel into his own pocket, whereas the pleas only
alleged that he charged Bd., when he might have
bought them for tid. One was a charge of pecula-
tion; the other only a charge of improvidence.
The COURT granted a rule to show cause.

COURT OF EXCHEQUER, Nov. 5.

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(PRICE 71).)

took it to the Stamp-office. WhenlMr. Baker
went there, he was told he could not have his box
unless he paid nearly the full value. Mr. Quaife,
of the Stamp-office, now attended with the box in
obedience to Mr. Laing's summons.
Mr. LAING told him to give the box into the
custody of an officer. Mr. Quaife—l shall do so,
hut not with the consent of the Commissioners,
who object to parting with it until the Act of Par-
liament is complied with.
Mr. LAING asked Mr. Baker how much was de-
manded of him at the Stamp-office ? Mr. Baker
replied, half the value of the box itself, and two-
thirds of the value of the contents.
Mr. LAING—Had you an interview with the
Commissioners? Mr. Baker—l had not, your
Worship ; but I saw a clerk or secretary.
111 r. Quaife said, it was usual to ask two-fifths
the value of the contents, and half the value of the
box, in order that the coachman might be rewarded
for his " honesty."
Mr. LAING said, if the prisoner did not take the
box with a felonious intention, he had been guilty
of an attempt to defraud Mr. Baker, by carrying the
property to the Stamp-office under pretended
honesty. He ordered the box to be delivered over
to Mr. Baker, which was accordingly done, and he
quitted the office.

TV 0 RSHIP-S TREE 7'.
AN 'sus!' Row.—Daniel Bond, Sarah Bond,
and Mary Hughes, all Irish people, living in
Whitecross•streer, were charged with wounding
Patrick Lee, and brutally assaulting his wife, Sarah
Lee.

The prosecutrix, Sarah Lee, who appeared in a
very weak state and far advanced in the family way,
stated that the prison er Mary Hughes, without any
provocation on her part, entered her room, and
kicked her in the abdomen, and—
Prisoner (interrupting her)—l did not, I only
gave you a douse in the mouth.

Hands, an officer, banded to the Magistrate a
surgeon's certificate, a'ating that the woman had
been kicked in that part of her person, but that it
was not of a dangerous nature.
Patrick Lee, the husband, who appeared with his
hand dreadfully cut, stated that, ou his going to the
prisoners' room below, to remonstrate with them, on
the brutal attack on his wife, they all three sprang
at him, when one of them cut his thumb to the bone
with a knife. Which of them did it he could not say.
Mr. TWYFORD—Mary Hughes, what have you to
say for yourself ? Prisoner—Why, tell you.
On Saturday night, mother Lee and her palls had a
dance just over our heads, and while we was taking
our suppers, part of the ceiling fell into our plate,..
So I just went up to her and gave her a " stroke in
the mouth," and that's the truth.

Mr. TWYFORD—CaII your witnesses. Prisoner—
They are all gone away. They have been bribed by
our accusers.

Mr. TWYFORD said it was one of those common
rows in which there was a difficulty in getting at
the truth; and, therefore, he should hold both par-
ties to bail to keep the peace towards each other.