The Sun.
London, England, 1826-11-14 00:00:00

gitill'lNG INTELLIGENCE:

LLOYD'S=-(Turs Div.)
DE4L; Nov. iB.—Nitriod B:S.W.—Passed the Junn, Whit-
man, froth, Tarri*.a; tidy 9f the Itake; from ,India l l sit shut,
Draper, from Batavia; Prince Rego6q; Latnb; frtihi SYclney; and
le of Prance, left latter place the 12th of Sept. touched at the
Isle of Ascension on the 19th, all well there. Also arrived the
Flora, Farrant, from Smyrna; Mary, Hodges, ditto; Alhivnt
Ratcliff, from ditto__ all for London; 4 p.m., the Thalia, Sick,
is turning in through the Gulls. The SesOstria sailed from St.
Helena the 28th of Septeatiben 'the Marquis Hastings, /t: S.
Forbes, Zettobia, and Thomas Monroe, were to sail the day
after. The Sesosttis afterwards spoke the K. S. Forbes, in lat.
10. N. long. 24. W.
Poarsstounr Nov. 13.—Wind, B.B:W.—Arrived; Mediisa,
Sampson, from Quebec; his Majesty's ship Romney, front the
Mediterranean ; Zenobia, Lilbon, from Calcutta, spoke the
King's ship Forbes, and Sir Thomas Monroe, from Madras for
London. Also arrived the Louisa Transport, for St. Helena;
Montrose, Hartly, from Antigua, windlass upset. The William,
Maitland, Morgan, from Honduras, passed by Prince Regent,
Lamb, from Sidney, with principal part of the cargo and passen-
gers of the late ship Windsor Castle ; spoke his Majesty's ship
Georgia, with his Majesty's ship Heron in company, lost from
St. Jago, bound to Itio.-_All welt.
PlXltOrrii, Nov. 12.—Wind, W. N. W.—Arrived the Prin-
cess of Wales, Clyne, from Quebec ; Caroline, Hodges, from
Newfoundland, and Mary, Pillar, Ditto. Off Port, the Henry,
from Malaga. Sailed, the Warden, for London.
FALXIOUT}I, Nov. 12.—Wind W.—Arrived Duke of Kent
Packet, from Lisbon. Sailed the Betsy and Sophia for Dominica.

LAW INTELLIGENCE.
COURT OF CHANCERY.?-(Tuts DAY.)
RECORDER'S REPORT v. WELLESLEY'S JUDOSIENT.
His LORDSHIP wished Mr. Hart and Mr. Shadwell to commu-
nicate to their respective clients that he felt hound to postpone
giving judgment in Mr. Wellesley's case until Monday, on the
ground that Saturday was the day that had been appointed for
the Recorder to make his report to his Majesty; and, as there were
no leas than the fates of forty capital convicts to be disposed of on
that day, every moment of time his Lordship should be able pos-
sibly to apply to any thing at home, from this moment till then,
would have to be devoted to what ought to be the important re-
sult of that day.
ICING OF SPAIN AND OTHERS V. HACHARDO Alm OTHERS.
This case came on to be argued upon a demurrer pled to the
bill, and upon a motion to discharge an interlocutory order, direct-
ing a trial at law.
Mr. ATTORNEY-GENERAL, and Messrs. SHADWILL and
WHEATLEY appeared for the plaintiffs. The bill was filed by the
King of Spain and two persons as his Attornies in this country,
and the substance of it was this, that a large sum (not less than
81,0001.) had been paid by the Government of France into the
hands of Mr. Macbardo. as representing the King of Spain, to
be paid by the Spanish Government to persons who had received
injuries from France ; that Mr. Machardo had had the money in
his hands as trustee; that Mr. Mendizabel had got bills accepted
by the Cortes, in respect of which lie claimed to withdraw the
money out of Mr. Machardo's hands; that the latter acceded to
this arrangement, and then the charge was, that Macbardo
and Mendizabel had collected together, to have their money with-
drawn from its legitimate purposes, and the proceeds concertedly
applied to their joint use and benefit. They understood the
grounds of demurrer were, that the King of Spain was improper-
ly joined with the other two plaintiffs ; that his Majesty could
not sue by himself and his attornin ; and that if the proposition
was not tenable then, that there was a total want of equity. The
Learned Gentleman contended that the ease was a very common
one, which, being simplified, was, that A. paid into the hand of
B. money for a particular purpose, which B. colluded with C. to
misapply, by B.'s allowing C. improperly to obtain possession of
the money; and therefore the plaintiffs sought to restrain the
proceeding at law, and to have the property put into their own
hands. They could not suppose that the Court would for an in-.
stant consider the bill untenable.
His Loanstur observed, that he had understood from Mr.
Sugden, that this was a very amusing bill, but he had read it
without finding any thing like amusement in it. The question
seemed to be, whether the money had not got into the Court of
Common Pleas, under circumstance, under which it might as
well have been paid into the hands of Mr. Mendizabel.
Mr. SHADWILL said, the statement was, that Mr. Mendizabel
had arrested Mr. Machardo for 81,0001. ; that that sum,
(alleged to belong to the Spanish Government) had been paid
to the Sheriff, and through him into the Court of Common
Pleas ; that the parties had been ordered to proceed to trial
respecting it ; but that the action had been brought by concert
between these two gentlemen. and that Mr. lllagtanlo had neither
meta*, oar weeki wai that victim, as if-is Aaci basis brought by
an entire stranger, having an interest adverse to M. Ifsobatikt,
and without knowing of the trust. Under these circumstances he
had not a doubt that the Court would bold the bill sustainable.
Mews. Summits and WAKEFIELD appeared for Mr. Mend&
übel. They thought the anomie' of the King had no more right
to the money than the mernt stranger. There had been Boards
appointed for the distribution.of the property (portion of which
this 8 I ,000/. was) which had been paid under the convention added
to the treaty of peace, ratified at Paris, between the French and
Spanish Governments, and if those boards had wished to withdraw
the sum, they ought to have themselves appeared here, but the
King himself had no title to it whatever. Mr. Mendizabel, there-
fore, submitted that he had a clear right to insist upon obtaining
possession of this money in respect of the bills already mentioned,
which had been given to be viswered by, this fund, for the stores
he had supplied to the Cortes.
His Loansntr was quite sure, from the researches he had
made through the papers, that the demurrer could not be sus-
tained, on the ground of the alleged general want of equity ; there
was ample equity stated on [the face of the bill. Whether the
demurrer could be upheld on the grounds that the plaintiffs were
improper persons, or that the defendants had been improperly
made parties, he was not quite so dear. He would, however,
give the subject his consideration till Thursday, and then make
known the result of it. The Counsel for the plaintiffs had taken
no notice of the motion. This had been probably enough passed
Over on their side of the bar; because, if the Court finally de-
cided that on no ground could the demurrer be sustained, argu-
ments on the motion, this morning, would probably have been
thrown away.