The Sun.
London, England, 1826-12-19 00:00:00

LAW INTELLIGENCE.

VIM-CHANCELLOR'S COURT--(Ted DAN.)
DELAYS IN CHANCERY.
WHBATLY V. BOND AND ANOTtIZB.
Mr. SHADW!LL stated that this cause same before the Court
on the 18th of April, when a rule nisi was obtained by the plain-
tiff. Bond only showed cause against the rule, and drew up au
order that the cause should be set down for hearing next after the
causes then on the paper. The Learned Gentleman apprehended
that the proper course would have been, to draw up the order so
as that " a short day" might be fixed for bearing it. In support
of this position he cited the case of the Margravine of Anspach
v. Noel, which having come before the Court under somewhat
similar circumstances to the resent, the Lord Chancellor ordered
that it be set down for the " next Thursday," observing at the
same time that the practice of placing such causes at the bottom
of the list was productive of great delay and injustice. The
Parma Gentleman now applied to his Honour that the cause be
fixed for an early day.
Mr. BICKERSTETN appeared for the defendant.
The VICE-CRAlrczu.oft-1 have no doubt but that the de-
fendant obtained the proper orders, but when you come here
now with a special application, the Court,- taking into considera-
tion the number of causes improperly:standing before it, and the
evil which may result from delay, consents that the case be ad-
vanced.
At a subsequent part of the day, Mr. Rousso moved that an
order which-had been obtained for dismissing a bill for want of
prosecution be rescinded, on the ground of want of notice on the
part of the SOlicitor.
The VICE-CHANCELLOR—I will not snake the order unless the
other party consents. The inattention which prevails in the con-
duct of Chancery suits has become a crying evil, and I will never
give any iddulgence to patties in such a situation.
MONEYPENNY V. IfrABTLAND.
Mr. HEatn moved that the injunction granted in this_case be
continued. The 'plaintiff had been employed as engineer to con-
struct a bridge over the Severn, and subsequently became a sub-
scriber to the work to the amount of 2,500/. The proprietors,
however, disliking his services, gave him notice that they would
dispense with them. The plaintiff on this applied for his sub-
scription, which WAS refused He was, .in the first instance,
advised to bring an action for the recovery of his demand ; but it
was afterwards discovered that, as a partner in the undertaking, he
could not proceed at law, his only mode of obtaining justice being
by a bill in equity, which was accordingly filed. His Honour,
however, was of opinion that there could be no difficulty in trying
the matter at law, provided the defendants were restrained from
setting up any question of partnership; and an order to that ef-
fect was then made by his Honour ; before the trial the defendants
gave notice of their intention of setting up what was tine on the
subscription from theplaintiff. A verdict was found for the plain-
iff to the amount of 7501., and the defendants, notwithstanding
hat verdict, were now about to bring an action fur the sub-

scription.
The'Vwx-CuANcetr.on thought the present motion unneces-
sary,"as the former order of the Court must have gone to restrain
the defendants from proceeding against the plaintiff until the action
at law had been tried, " and until the further orders of the Court."
Mr. DucKwomi and Mr. lixst.n expressed their belief that
the order ran thus :—" or," until the further order of the Court.
The Vicz-CHANcitt.oft—That is not the usual mode of draw-
ing up such orders; and if any mistake has here occurred, you can
mention the caseagaiu.

BEAUVOIR. V. KIIODES.,

The facts of this case have been so often before the public, that
any recapitulation of them at present must be unnecessary.
Mr. PENtarwroti now moved that the defendant he ordered to •
pay into Court an arrear of rent due since the 29th of September
last ; and that he be further ordered to pay into .Court, for the
future, each quarter's rent within ten days after it should be-
come due.
An order nearly the sane had already been made, but u it did
not specify within what particular time the rent was to be paid
in, it became difficult to enfore the regular payment.
Mr. IfEat.o strongly opposed the motion, which, he said, in-
volved the entire question which had been already nearly fifty
times befttre the Lord Chancellor.
The Vice CHATirif.l.oll.—Then you had better take it before
his Lordship. • Suppose the lease was to be avoided there would
not be so much due as the plaintiff alleges. This application
would not, I am sure, take up one minute of the Lord Chancel-
lor's time, he most he so well acquainted with all the eircum-

stances.
Mr. HEALD observed, that it was one of those tricks usually
played off when Courts had a concurrent jurisdiction.

COURT OF KING'S BENCII4—(THts DAY.
LEWI3 V. WOOD AND ANOTHER.
(This ca.,:e Acciwied the Court, all the morning, and my-, ma
Oluishid witewwitlyon; .40 Prom! )*
COURT OF EXCHEQUER—Juts DAY.)
CALMADV V. BOVE4.
This ease was continued from yesterday. It was a bill for a per-
petual injunction against au action to recover the value of a certain
bond executed by.the late Admiral Calnunly (whose widow is the
plaintiff in this case?, in favour of his brother, the late Colonel
Everard, whose administrating creditor is the defendant. It ap-
peared that Admiral Cahuady had married a Lady of great for.!
tune, on condition of taking her name, and had front
time to time given pecuniary assistance to his brother
who was in embarrassed circumstances. On one occasion,
he lent his security for a considerable sum, and not being
able to meet the payment, be bad written to the Colonel,
promising, that if not, Colonel Eyerard would sell out some
stock to meet the demand ; that the Admiral would exe-
cute a hand, allowing him the same annual sum that the
stock had formerly prothteed. him. That bond was exe-
cuted. The ColOnel; however, had written to the Admiral that
upon the receipt of 500/. which he Juni promised him, the
luma should be cancelled. The Admiral could not pay
more than. 400/., and the usual allowance was continued
till the death of the latter. At that time the Admiral's
widow refused to continue it ; the Colonel brought an action to
recover but the widow obtained a common injunction against
that action, which was not answered by the Colonel. The case
remained in state quo till the Col. died, when an administrating
creditor got hold of the bond, and brought his to recover the amount
of the stock sold out, or the annuity, for the life of the Colonel.
The plaintiff therefore, prayed fora perpetual injunction, and that
the bond be cancelled.
The Lord CHIEF BARON granted the perpetual injunction,
upon the plaintiff paying 100/. to the defendant, and that the
bowl he given up to be cancelled.

SECONDARIES' OFFICE.--O'His DAT.)
Sc HMI XI, O r. THOM AW. PUTT' NG FR WEST earr.

Thii WU an action to recover a debt of 71.8,. due by the de-
fendant, who is a surgeon, living in Sornerntuhire, for good»
bought of the plaintiff, a shoemaker, living at Cornhill.
A letter was put in from the defendant, acknowledging the
debt. There was no appearance entered by the defendant, and
a verdict was accordingly given in favour of the plaintiff.

POLICE INTELLIGENCE.

mARLBORQIIGHIni!-E9s-7-(Tutis DAY,I)

Four young gentlemen, muted E. 11: Gitober 4`. Wilson,
Asap', Erir, and Jaws Brunions, who stated theAelves to be
medical students, were put to the bar, charged with creating a
disturbance outside the dancing-rooms of Mr. Willy, in Brewer-
street, Golden-square.
Sir GEORGE F. 11.11071 *hod! Oblige the prisoners to enter
in their own recognizance' to beep the peace.—They were accord-
ingly discharged.

ITATTON-GARDEN.--(Ttits DAY.)
Two young men, named Wilson and Moore, were re-examined
on a charge of stealing a large quantity of wearing apparel, wet
table-linen, a ham, &e.
The prisoners were fully committed for trial.

. ,
PATRIOTIC MARINE INSURANCE COMPANY.—
The Establishment of this Marine Insurance Company of London,
the twin-sister of the St. Patrick, lots this morning issued it notice
that they take no more sea-risks in London, thus adding one. more
to the many other speculations which have found it convenient to
dissolve their Cmnpauy. The St. Patrick Assurance Com-
pany, it appears by the Irish papers, have got themselves
into chancery ; and the Shareholders quarreling among thernseiveas
and with the Directors. How the parties who have effected in-
surances in the latter Company, and have claims, are to come off,
has yet to he seen ; and a wish cannot help being expressed, that
they may get well oitt of the scrape.
At the embarKetion of the troops last week from
Deptford, for Portugal, one old womnn took leave of six of her.
sons, all fine young fellows, belonging to one company, in
-1110
Guards.—The separation was painful in the extreme.
The magnificent painting of Christ Feeding the
Multitude, by Stroeheling, WIN pUralllied last week by ,Mr. Eis-
sett', of Leamington Spa, for the decoration of his splendid picture
gallery.