The Sun.
London, England, 1844-05-22 00:00:00

IMPORTANT TO FOREIGNERS.

(From the Boulogne Gazette.)
GRIEVE V. I.UDDY.
f:rhiS is pc rhill'S one of the most important cases for
, re'ren-r5 that cver came before the tribunal of France.
jtsh6ows to pel-fection the hardship of their position, and
the ro!-Aoer and plunder that may be committed, and for
p%hch the unforainate foreigner has no redress from the
ene4 )'-w. That our readers may perfectly understand
the POole casewe shall give a summary as stated by the
coy.selt, r the defendant at the trial.
iMr. C. R. Eroughton died in Boulogne, 1832, be-
eathing ad he poessed to Mrs. Luddy, and appointed
!lessr. Kirkham Powell and Samuel Heyward Budd,
`r° Englishmen, his executors. The defendant. was then
la America; on returning to Europe he called upon the
xecutors for their accounts. These they refused him.
.fearful from this that everything was not right, he nista-
Idu,sted inquiries, and after, in vain for three years, en-
s'arouring to get an account from them, he called upon
the Tribunal of Boulogne to compel them to give an
eenet and distribute, at least, the funds which the
y
trl obtained in France. The executors resisted this on
h Plea that the Courts of France had no jurisdiction,
(-.cause the deceased, the plaintiff and the defendants
Were all English. The Court by their decision in 1836
;:greed to this, and sent the plaintiff for remedy to the
,eglish Courts. Whilst the executors remained in
ranee he had no remedy in England. In 1838,
qt:lwever, he got a sort of account from them by which
Is?, acknowledged to have received upwards of 6,0001.,
mthey refused to part with one penny of that so long
e a chancery suit existed, which had been com-
b;nceagainst the deceased and was carried on by a
„4-us ofdevivor against Mr. Budd, who alone had proved
.will in England. He found, therefore, he was at
'tea mercy, as they might prolong the suit of chancery
i„
31
,s was in the grave. He agreed then to their terms,
Z.l ti g
upon one thing, that they should not meddle in
c't the affair of the estate, that they should hand
power of all papers, and give him an irrevocable
state e
all demands attorney to transact all the business of the
to
to receive all moneys due, and settle and com -
et-caus
ands. Armed with this power he has-
With England and commenced a correspondencei
CO • Grieve, the plaintiff in the action before t
!art laat week, and who was Trustee for the parties
e
Viailltif4 lathe chancery suit. After four years it was
died
oh tween them that the suit should be compr9 •
'cut of alLtil 134 aYment of 2,3751. which was to be paid
prieucittiiee al Court, consisting of 1201. a year long sn-
agt 200 t interest due thereon, the defendant ex-
(hater —l4'neh 600/. of that, and to be enabled imme-
Inony Unii the executors'' either to pay the
FOwt° Catch' they- held, or to give security for it.
oso and Budd were partners in a bank in Boulogne ;
ZiPt:critile7hwina,sseti feroanbi above
cfionritnp,romise made, than Budd
which shortly after 1:)-
ered; lekrupt. Powell fled to England to escape his
tb, .otrs here, and his conduct there was the occas.ton
hattscl'eFore the Tribunal last week. On arriving in
.'4l wen. to the attorney of Grieve, stated his
1.14, and his sorrow that the affair was not settled with
hot executors and offered, if the parties would agree,.
()I'l3. hand' them. over the whole of the fund in
cert, but also to pay thorn eleven hundred pounds be-
-11,114,19ei:ng teeenteen hundred pounds more than they
agreed to take, the deed for which had
the
—"4'l3' prepar, d and should have been then signed.
vrttit informing Mr. Luddy of what was passing, the
°F Powell was accepted and reduced to writing,
1,0 ell still farther binding himself, that if the eleven
toirrecl Pounds )vas not paid within a month, that all his
aro tu,,eretal establishment in France was liable for the debt,
of he empowered Mr. Joseph Woollett to dispose
of Ni Atlti held the funds accruing from it, for the benefit
the„ r‘ Grieve to the extent of 1,1001., although he was
luri" bankrupt, and knew that nothing in France be-
:fin:1;1107. On this agreement, to which Mr. Budd
the parties obtained an amicable decree from
Chancery forthwith, and after this decree
Ithaut°etal",l, the defendant, for the first time, knew the
titfetil and disgraceful proceedings that had been car-
uh knew evidentl • to ir•ure him, for both Powell and
4e that )they had made away with all the funds
1,100/ estate, and had nothing wherewith to pay the
to thil the failure of Powell, the defendant had applied
*att assignee and had his claim allowed. But no sooner
Plied f"tridend declaied than the plaintiff Grieve ap-
tiot ~`°, :the Tribunal for the dividend of 6,000 francs—
's° c( B?illing in they. pound—to be paid over to him,
uifsi"nce, Ist, o'f ate agreement with Powell, anO,
Ithe the Decree i 6 chancery against Budd to pay
le Oa" hundred paupds, not one farthing of which
althoughTpis ' lie had received upwards of 6,0001.
tott, `ue defenclant resisted, Ist, declaring the Court in-
ea,P7Pit t to mei, as all the parties were foreigners, and
th'ilierlit3:o°E.thern their former decision • 2d, from the
tr„ the wholo proceeding, which' he proved_ by
2,a7zielt"..s of the attorney agreeing to take from
thanhim
thilt I,.'„e'd he had already received much morean
tißkre: —to; that Powell had no right to make such
-411141, as it was fraudulent ; 4th, that the decree in
(-ery
asial„ as a dead letter, so far as he was concerned:,
Qui'd ."11 a 3 it decree against Samuel Heyward
l,,!°OlV4l‘N a s y money he had aereed to pay,
:4t414t 10 6,o.4l.lohe'aliadt received for the benefit of the
farthing of which the defendant had never
,ktla th-'o that the decree was not against the defendant,.
011-04`
_therefore the Court had no right to consider it
ra4ce anoinent ; sth, if the decree had. any force in
ti)nroe',:t was against Budd, and against him they ought
S4ell are(l,Y „. the facts of the case, which were ably argued
Zthe,f(l.4,lritinet for the plaintiff,o byandcn Mr. Cannier
t the urt was. as fol-
ft4p,' 111"1 w'leiiehTwh.eesjluladlr withen all due deference, make
trti.eservations next week
\'ls 4t Mrs Ludd by the death of Mr. Brouthto_n
314--"tiad to leis property and proved on the ank-
tilklY "r his executors for one hundred and forty-four
ti:)11.;41:1 "litei hundred and eleven francs, as, being d_ ue
11'e b opts, upon which she was entitled to
divide)'
exec. r,v-6 000 f.
..„34,, Air. cGrievelr,' a pretended creditor,
-"r" that dividend in the handpsltaocfetdthkae
Ittikto ite4;e,)that the French tribuna tgennttrtobunaale;
nmderaetnion the judgments of caofmorPeei
rroduces such a..ju.dgment, but !lot as ren-
elde L"tnst
LuddyLudd and this tiibuna.l not being able to
uctv..Qn v and Grieve, still is bound to look
tifhrthe interest of Loth parties, and it therefore gives
tji2ati'vqlB4i-xn. mouths to obtain the decision of an English
ssa-nst Luddy, at the end of which time the
co44ltiered a-r° ain applied to, when the expenses will
"
NTA

UNIVERSITIES OF OXFORD AND

CAMBRIDGE.

PETITION FOR AN ADDRESS TO THE CROWN,
TO APPOINT A COMMISSION TO INQUIRE
INT() T lIE UNIVERSITIES OF OXFORD AND
CAMBRIDGE.
To the Hon. the Commons of Great Britain and Ireland,
in Parliament assembled,
The Petition of the undersigned, being Inhabitants
of Manchester and its vicinity,
Humbly Showeth,—That by various acts of the Crown
and of the supreme Legislature, in different reigns, the
ancient Universities of Oxford and Cambridge have been
recognised as institutions whr,se well-being and wise
conduct are of high national importance.
That.by reason of the privileges so long bestowed ex-
clusively upon them, they have been fostered into
schools for the rising generation of the English nobility
and gentry ; so that no British subject can be unaffected
by their good or bad management.
That by the testamentary acts of many generous
founders, every county in the realm, and all classes of
the community, have a contingent pecuniary interest in
those Universities, and in the colleges connected with
then).

That these institutions are in many points not so con-
ducted as the interests and wants of the nation, and the
equitable rights of individuals, demand.
That these Universities are not, and have long ceased
to be, the central seats of the highest sciences, moral,
political, or practical. That instead of leading the know-
ledge of the day, they linger behind it. That studies
which are of eminent necessity to our future legislators
and rulers, are either not taught there at all, or are not
allowed their proportionate weight. That an artificial
preponderance is given to a few select branches, which
cannot, without blighting all the rest, be forced on all
students indiscriminately. That even in the privileged
studies of the Greek and Latin Classics these Universi-
ties show no superiority over foreign institutions, which
embrace more numerous sciences and which are possessed