The Sun.
London, England, 1828-08-09 00:00:00

LIABILITY OF SOLICITORS TO PAY COSTS.

IN THE MATTER OF NORRIS, A BANKRUPT.
This was the petition of the bankrupt, praying that the
Commission might be superseded, on the ground that there
had been no act of bankruptcy—the case was of no general
interest.

His HONOUR dismissed the petition, being of opinion
that there was not the slightest foundatio❑ for it.
Mr. ROSE, who appeared on the part of the petitioning
creditor, said that Mr. Smith, solicitor, by whom this pe-
tition had been presented, must necessarily have been cogni-
zant of all the facts of the case; the Learned Gentleman
therefore trusted that his Honour would dismiss the peti-
tion with costs against the solicitor. It not being in the
power of the Court to make the bankrupt pay costs.
Mr. TRESIOVE opposed the application, and contended
that if the Court were to visit the solicitor with costs,
merely because a bankrupt had failed in making out his
case, it would have the effect of deterring every solicitor
from being concerned for a bankrupt.
The VICE-CHANCELLOR—MS petition was very im-
properly presented. Mr. Smith, the solicitor, had the
opportunity of making himself intimately acquainted with
the case. He has, moreover, suppressed in the petition a
former order made in the bankruptcy, or has only stated
so much of that order as is calculated to mislead the Court,
and to give an appearance of justice to the bankrupt's pre-
sent application. In dismissing the petition, therefore, I
think that I cannot do otherwise than direct that the costs
should come out of the solicitor's pocket.

BANKRUPTCY OF MESSRS. SYKES AND CO.

EX-PARTE WATKINS IN RE SYKES.

This was a petition on the part of the creditors of the
joint estate of Messrs. Henry and William Sykes and
Thomas Wilkinson, praying that the creditors of the joint
estate might be at liberty to prove against the separate
estate of Mr. Henry Sykes a claim for 10,0001. 3 per
Cent. Consols, which he had improperly applied to his
own private use, it being partnership property.
Mr. Honrrit and Mr. KNIGHT appeared in support of
the petition, and stated that the bankrupts had, previously
to the issuing of the commission against them, carried on
the business of bankers in the city. It was the custom of
the firm to keep their stock always standing in the name
of Mr. Henry Sykes, one of the partners, in order that it
might be more easily transferred whenever it might become
necessary to dispose of it, In 1823, two years before the
bankruptcy, this gentleman was directed to sell out stock
to the amount of 20,0001. for the partnership account,
and on that occasion applied the produce of ten
thousand pounds Three per Cents. to his own private use.
He communicated the fact in two or three days afterwards
to Mr. Wilkinson, who strongly recommended him to re-
place the stock, and at the same time expressed his sorrow
that Mr. Sykes should have taken such a step. The
Learned Gentleman contended, that this conduct of Mr.
Sykes was such a breach of faith (not to use any more
harsh expression) as entitled the creditors of the joint estate
to prove against his separate estate.
Mr. BICKERSTETH and Mr. DUCKWORTH, en the part
of the creditors of the separate estate, submitted that the
subsequent acquiescence of the partners in the appropri-
ation of the stock by Mr. Henry Sykes, destroyed the
original character of the transaction, and reduced it to a
mere contract debt.

The kE-CRANcEr.r.os. was of opinion that there was
no acquiescence. The other partners merely did this.
They kept au account of the money which Mr. Menry
Sykes had so improperly applied to his own use, trusting
to time to get it back from him.
Under these circumstances, his Howoui thought that
the separate estate was accountable for that sum.

THE FUNDS-(THIS DAY).

CITY, Twazpx o' CLOCK.

By an extra steam-vessel from Hamburgh, which left
that city on Wednesday morning last, a repetition of the
rumour had been received, that the Russian forces near
Shumla had sustained a serious check, if not a defer; it
appears that this report has been geheral on the Continent,
with what truth a very little time will show. There is
little doubt but the peat superiority of force which the
Emperor Nicholas is enabled to bring against the sultan
will eventually succeed, but not without the sacrifice of an
immense loss of lives, and consequently the proof of his un-
ambitious views may be expected to he put to the test, for
the edification of the good people of this credulous country.
In the English Funds a considerable quantity of Money
Stock has been buying to-day for Tuesday, and the Scotch
Bank and Court of Chancery have been ca the market.
Consols opened at 87 t, but, for the above-mentioned
reason, the price has since improved to 87t 4, and is now
rather inactive. India Bonds remain 112 14 ; Exche-
quer Bills arc a shade lower, 70 2 premium.
With the exception of Russian and Portuguese Stock,
in which a small advance took place yesterday afternoon,
little or no variation occurred in the price of the Foreign
Funds ; the former are 95 4, and the latter 54 4 ; Bra-
zilian 63 1. A decline on Brazilian Shares of one per
cent. in the premium has taken place, which is the only
thing worth notice iu these speculations.
Three per Cent. Consols, 87t 4 ; Ditto, for Account,
87?,- 4; Four per Cent., 1826, 1044 5 ; India Stock
213 i; Bank Stock, 213 14 ; India Bonds, 112 14 Inn.;
Exchequer Bills, 70 2 pin.
FOREICN.-Brazilian, 63 ; Buenos Ayres, 42 4;
Chilian, 26 7 ; Colombian, 231 4; Danish, 61t 2 ; Greek,
17 18 ; Mexican, Five per Cent., 284 94 ; Ditto, Six
per Cent., 39,E 4; Peruvian, 23 4 ; Portuguese, 54 4;
Rosman, 95 4;
Spanish, 104,
MlNEs.—Anglo Mexican, 674 5 dis. ; Brazilian, 45
Cuoilioitmedbimane,xi3cain,2l4_, (11i8s.d;is.R;eaBl
odieanl
011sI,o2note,di18.20
41710Ptmli.s.;;

TWO O'CLOCK.
Consols continue at S 7-1 1, without business and the
house nearly deserted. The Foreign Funds are in the same
dull state.

THREE O'CLOCK,
Consols for Account, 87't

HOTEL LICENSES.

130W-STREET.-(THIS DAY.)

The further hearing of the application of Mr. Wormall
was called on again this morning, according to appoint-
ment. Our readers will recollect that be applied for a li-
cense for the Strand Hotel, and that the case was post-
poned for further consideration.
At ono o'clock, Sir R. BIRNIE, Mr. MALLARD, Mr.
SKETCH LEY, and Mr. HALLS, took their seats on the bench,
and the case was immediately called.

Mr. Ilms now said that, far his own part, he had no
objection to the house of Mr. Wormall, but, as a counter-
petition had been sent in, he thought it better that the caw
should be adjourned, to give the parties an opportunity of
stating their grounds of opposition. If, however, there
were no complaints against the house, he thought .he Act
of Parliament had taken all discretion out of their hands,
and that the license must be granted. If the hotel was
open as such previous to the Ist of January, the Magis-
trates had no discretion ; and, if the Legislature chose that
there should be one hundred houses in the Strand, he had
no objection.
Sir R. BlRNlE__Neither have I. Indeed, I think it
would be a good thing if the trade were thrown open alto-
gether.

Mr. Blakemore, on the part of Mr. Wormall, asked
permission to read some memorials, setting forth the re-
spectability of his client's house, but he was told there was
no necessity, as there was no charge made against it.
Mr. Trewhitt, for the opposers of the license, said he
wished to reply to some observations that had been made
on the former occasion when the subject was before the
court.