The Sun.
London, England, 1835-11-28 00:00:00

DOE DEM. LEWIS AND OTHERS V. BAGSTER.

This was an action of ejectment brought to recover pos-
session of some premises situated at the north-western
corner of Featherstone-buildings, and used b.y the defen-
dant for the preparation of farinaceous food for infants, and
for grown up persons suffering' from indigestion. The ma-
terial of this food was ground at a mill, the constant noise
of which was said to be a great nuisance to the neighbour-
hood. Many witnesses were called to show that the mill
as at present conducted was a nuisance to the people in-
habiting the adjoining houses, and it was attempted to be
proved that the power of the mill had been much increased
of late.

The Jury returned a verdict for the plaintiff—Da-
mages, ls.

EXCHEQUER COURT-FRIDAY.

RIR B. C. GLYN, BART., AND OTHERS, V. SOARP.ES AND

ANOTHER.

This was a bill filed for discovery, and for a commission
to oxamine witnesses abroad. On the 19th instant an or-
der was obtained by the plaintiffs, directing that service of
a subpoena on the defendant Soarres or his attorney, should
be deemed good service on her Majesty Donna Maria,
Queen of Portugal, the other defendant in the suit, whose
residence is out of the jurisdiction of this Court.
Mr. RICHARDS now moved that the miler so obtained
should be discharged. circumstances are briefly these :
In March, 1833, Don Miguel, being then, de facto, King of
Portugal, contracted a loan with Messrs. Outrequin and
Jauge, of Paris, parts of which were taken by individuals
and other parts by the contractors themselves. Certain
bills, on account of this loan, were drawn by Baron D'Este
at aris, on Glyn and Co., of London, payable to Outrequin
and Jauge. The first set of bills were sent to London, and
accepted by Glyn and Co., and the second set were sent 0
Lisbon, and endorsed by Outrequin and Jauge, " To the
order of M. J. F. Conto, the Treasurer General of the
Royal Treasury of Portugal on account of the Royal loan,"
and paid to him on behalf of Don Miguel. On the 24th of-
July following Donna Maria was proclaimed Queen of Por-
tugal, and on the 7th of the next month (August) the bills
in question were endorsed by M. Conto, to the order of the
defendant Soarres.• Soarres has brought an action in the
Court of King's Bench against Glyn and Co. for the
recovery of the amount of these bills (about 4,0001.)
Glyn and Co. have since filed this bill against Soarres and
the Queen Donna Maria, for discovery and for a com-
mission, and have obtained the order respecting the service
of the subpoena, which was now sought to be discharged.
It was contended by Counsel, on behalf of M. Soarres,
that this order could not be sustained, inasmuch as there
was nothing on the face of the proceedings in the Court of
King's Bench to show that her Majesty Donna Maria had
any interest whatever in the proceedings, or that Mr. Soarres
was acting (as alleged by Glyn and Co.). in the character
of agent to her Majesty in this matter.
Mr. SIMPKINSON argued in support of the order. This
was not in terms the motion of the Queen of Portugal, but
it was substantially so ; for if M. Soarres was not the agent
of the Queen, what interest could he have in setting aside
this order ? He would be a perfect stranger to these pro-
ceedings, unless he appeared as an agent. If, however, he
denied his agency, there was an end of the present motion ,
for the order cannot affect him. But, in point of fact,
Soarres had admitted that he was the agent of the Queen ;
but then he endeavoured to draw a distinction between the
individual character of the Queen and her public character.
The motion for discharging the order was then dismissed
with costs.