The Sun.
London, England, 1832-04-19 00:00:00

THE FUNDS.

The Consol market, which appeared rather heavy in
course of yesterday morning, owing to various unfavour-
able reports, has resntned a brighter appearance this morn-
ing, as it is now generally expected that the ratification of
the three Powers to the Dutch treaty will take place
within a very short period ; also the vstafrtte from Paris
brings more favourable accounts of the cholera in that ca-
pital. On Tuesday the deaths had diminished to 211,
and instead of the French Rents having lowered 1 per
Cent., as reported yesterday, they have remained steady
and Sim at 70f. 50c.

. _
Consols, which left off yesterdoy at S‘q-, sellers for Ac-
count, opened at the same price, since which they have
been done at 84i 8:1'.
In the Foreign Market little or nothing doing as yet;
the Dutch Funds also have improved to 24.
.11 ALF-PAS T ONE.
We have every reason to believe that we can now an-
nounce as positive, that the ratification and exchange of
the Dutch treaty with Austria and Prussia took place last
night; and we have no doubt the example will he soon
followed by Russia.
In consequence
hour,nseue Consols nceonosfthea,ebnot upvebeitno 85gk ;nown in the city at
an early
market has not been so good. They
at 84,1, for money Sla
In the Foreign Market Dutch Stock 43i- 44.
7 BREE 0' CL 0 Cg.
Consols for Account 848.
maysinncoew"beicqhuottehtel
Ditto
Brazilian
rUABRe
Bonds
(10, O'CLOCK L 48035; K 1 C 'GA.. Of
re
eSx,
Mexican,
PRICES.S.
......
to
Consols ...... Danish ......... • • —""
Buenos Ayres... -- Peruvian
Chilian Ditto.... 971
Russian
Columbian 1824 Spanish

THE EARL OF MULGRAVE'S NEW NOVEL.
—We are requested to state, that the new novel, by the author,
of " Matilda," " Yes and No," &c. entitled " The Contrast,,
is now ready for publication by Messrs. Colburn and Bentley,
New Burlington-street, and may be obtained of all Booksellers,
and at all the respectable Libraries in the United Kingdom.
Agents for Scotland, Messrs. Bell and Bradfute, Edinburgh ;
`,and for Ireland, Mr, John Cumming, Dublin.

VICE-CHANCERY.-(THIS DAY).

HUGHES V. DAVIES.

Mr, KNIGHT was heard to-day in reply in this case,
which has already occupied the Court two days. The
plaintiff by his bill insisted that he was entitled to two-
thirds of the tithes of a parish in North Wales, called
Greenhall.

His Honour the \nICE-CIIANCELLOR postponed giving
judgment till Wednesday next, which will be the first
sitting of the Court after to-day.

ROLL'S COURT-(THIS DAY.)

ROWLEY V. ADAMS.

Mr. PEMBERTON in this case appeared for the plaintiffs,
legatees under the will of a Mr. Henry Wyatt. The object of
the bill was to have two legacies of 12,0001. each, which he
bad left by will to his two daughters, secured and invested
according to the directions of that instrument. Previous
to 1817 the testator had carried on the business of
ale brewer, in Portpool-lane, Gray's Inn•road, when
he took his sun, Henry E. Wyatt, into partnership. - The
business was managed by the son, who drew out the yearly
balance sheets until 1825, when another son of the tea.-
tator was introduced into the concern. The business was
carried on under the new partnership articles till the death
of the testator, which happened in 1827. In the partner-
ship deed executed in 1825, it was recited that 63,0001 ,
the estimated value of dray-horses, plant, and other im-
plements connected with the business, exclusive of a stock
of malt, ale, and the debts due to the concern, should con-
stitute the capital of the new partnership. Two other
sums of 48,000/. and 3,500/. were therein represent,d as
surplus capital belonging to the father and the son, which
were to he accounted and paid for by the new partnership,
with 5 per cent. interest. The business was carried on for
some time after the death of the testator, when the trus-
Sees and executers permitted Henry E. Wyatt to sell his
share, they giving him an indemnity against all liabilities
and debts. The two le,..aeies in question were charged by
the will of the testator primarily upon his surplus capital,
which he directed should be called in. and also upon certain
freehold, otpyhold, and leasehold estates, which were to
be mortgaged for the purpose. The trustees had made an
arrangement, however,wholly voluntary on their part, and
without any due attention to a proper statement of accounts
in relieving H. E. Wyatt from all liabilities, which defeated
the intention of the testator in that respect. They had
agreed to treat the two sums represented in the deed as
surplus capital as altogether fictitious and nominal, and as the
business, since the retirement of Henry E. Wyatt, had al-
together failed and become insolvent, the bill sought to
charge them personally with the amount of legacies.
His HONOUR, without hearing the defence, deemed it a
w.-

caste of time to go into the material facts of the case, or
consider the relief which it might be proper to administer,
as there was a preliminary question which it was ab-
solutely necessary, first of all, upon a reference to the Master
to have ascertained. The legacies in question were changed
primarily on the surplus interest of the testator, a trade
which should first be proved inadequate to discharge them
before the relief sought by the bill could be en-
tertained. That surplus interest was stated in the
deed to amount to 48.0001., which had, how-
ever, been treated by the trustees, it was to be presumed
upon proper inquiry, not as a real, but as a fictitious
sum. His Honour did not think it at all unlikely that
such was the fact, and that it had been introduced for the
purpose of establishing a false colour and fraudulent credit
to the concern. If the introduction of these sums turned
out to be fraudulent, could the Court, upon any principle of
justice, allow for a moment one of the parties to that fraud
to treat as against the other two fictitious and nominal
sums as substantial capital of the concern ? While that
point remained unsettled, and it could only be settled by
a reference to the Master, no further step could be taken
in the cause.

KING'S BENCII-(THIS DAY.)