The Sun.
London, England, 1826-08-10 00:00:00

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tA* iVTEILIGENCt.

;CURT OF'CHANCERY.—(Tais DAY.)
MECHANICS' MAGAZINE.

IeCOY V. aoszatTsow.
His LORDSHIP had looked very carefully into all the
papers in this case since yesterday. He now felt it his
duty to state, that in the observations he made yesterday,
on a letter written by the plaintiff's solicitors to the de-
fendant,.when the defendant applied for the payment-of a
monthly sum of 251., refusing to advance it., and rejecting
the ,obligations of a partner on the part of Mr. M'Coy, the
Court. had overstated the effect of that letter front what
was stated of it at the bar. That letter could not have
prejudiced those respectable solicitors' client at all.
WitiLrespect to the case itself; his Lordship was quite
satisfied that it was not a case in which the Court ought,
in the first instance, to grant an injunction. If the parties
wished the Court to give its reasons at length for forming
this judgment, his Lordship- would be quite prepared to
do so at any time ; but if his Lordship might, he would
strenuously advise the parties to settle their disputes by
the interposition of a third person. If the defendant
continued to keep- an account of what he published,
that was the utmost extent to which the Court would
interfere to compel. The plaintiffs were not to sup-
pose that they were to be excused from accounting for the
publication they carried on.
Mr. HEALD did not think his client would rail for his
Lordship's reasons, after the intimation he had made.-.—He
would advise his client to come to an arrangement if
possible,

JONES V. RASSITT ANT) ANOTHER.
Mr. HORNE was instructed to movet.tparte for an injunction.
The parties lived in Wales ; the plaintiff was the personal repre-
sentative of his deceased brother, who had entered into an agree-
ment with Mr. Bassett for a lease of certain premises., consisting
of mines, &e. A Mr. Read was a trustee, and in that character
made a party to the agreement, which was signed by him as well
as a Mr. Hopkins, an attorney. Possession was given ; the mines
began to be worked ; and rent at different periods paid. Mr.
Read had thought proper to bring an ejectment, which was just
about being tried at the Court of Great Sessions in Wales. Mr.
Jones was not certain whether he could show a title at law,and there-
fore might fail in the action ; Wile did, the mines would be titoppeAl
and ruined. The bill consequently was filed by him, for the pur-
pose of enforcing a specific performance of the agreement, and pray-
ing for an injunction to restrain .the trial of the ejectment. The
Learned Counsel felt, however, that he could not go so far as
to ask the injunction to stay the trial, but only to stay execution
on the judgment, if the plaintiff at law obtained a verdict.
His LORDSHIP ordered the injunction to this extents subject to
any direction the Court might think proper to give hereafter, with
respect. to execution, , delivery of possession, &c. 5 and with liberty
to either party to apply to the Court immediately after the sessions
were over.

Mr. liorttir. hoped his 4rtieolp would order that service of
the minuydnlight be suflieient, because to tre upsides with the
Welch attorney., tho' plaintiff would now have to travel at - the
no:: of twelve wle' an hour.
lie Loar,suir had no objection, but the injunction would
have tp he drawn.up.

CORONER OF STAFFOrtD.
Thit case underwent some further discussion at the bar in the
course of today, and ended by
His LORDSHIP stating, that a More important case had never,
and could never, come into this COurt. It involved a great many
of very nice, difficult, and serious common kw questions; at the
same time, this Court was not aware filet in such a case it
had jurisdiction to send a case to the Court of King's Bench,
upon those purely legal points, bet even if it had, his Lordship
would very much rather bear the thing discussed before himself,
with the assistance of the common law Judges. The
decision in this case would have to affect all the elections
of coroners throughout England, and without any limitation
of time. A case, therefore, so glaringly important, and raising
questions that had never been decided by any Court in the king-
dom, his Lordship would not dispose of until after the vacation;
hut as,soon after the sittings were resumed, his Lordship would
request the Chief Justices of the Court of King's Bench and
Common Pleas, to attend with him here, to have the case fully
discussed before them, and the law, as applying thereto, laid down.
The great objection to the present Coroner seemed to be, that he
was disqualified to hold the office from not having been a suffi-
cient land-owner. If this were the law, -such .law would -have
to be distinctly, declared.
ELEPHANT AND CASTLE CHARITY.
Mr. ll.ear said he wathappy to be able now-to state, that this
matter, which had moved on most tardily and heavily for a lung
time, he had now to mention' for the 'list time. A scheme
bad been settled, and agreed to on both sides, for
the edrninistration. of the Charity -t it - was also agreed,
that the intim-flaw, (Mr. Hart's clients,) should have
their coste, chans, and expences paid out of the funds ;
it wiproposed y the informants to pay the defendanta
thele touts out of the estates, but the defendants insisted upon
hiving , their charge.* and expences alms 'The Learned
Counsel did not , apprehend that, the Court was in the
habit of paying parties who came in as defendants their charges
and expellees, but only wished to mention it, and leave it to the
decision of the Court without argument.
His LORDSHIP really thought it worth almoet any price, to get
the disputes in this parish set at rest, and therefore hii opinion
was, that all the parties should he paid their costs,'dierges, and
expences, properly incurred in the matter.

VICE-CHANCELLOR'S COURT—(Ttris Day.)
CA APINTI IL V. -JOHNS.
This was a petition praying that the Conti might order
proof of the plaintiff's debt to he admitted under the commis-
sion of bankruptcy, taken out against the delendant. The
case having been argued, the Vice-Chatmellor said • that
Carpenter being in partneship in a banking concern with the
defendants, Shields and Johns, withdrew front the firm in 1818.
On the dissolution a deed was executed, whereby the
,defendants
agreed to indemnify the petitioner from all the debts which the
arm owed, the deed setting out that the house wai solvent
at the time. It bad also the effect of annexing the ohl cre-
ditors to the new partnership. It turned out in investigation, that
the house had been insolvent in 1816, to the arnotint of 17,0001.,
I though they did not become bankrupts nntil 1826, and the Com-
tuisaioners refused proof of Carpenter's claim on the firm, until he
should pay in his one thirdaf the 17,0001. to which amount the
also house had been insolvent -while he had been a partner.—They • objected to the deed of indemnity as fraudulent,
but his Honour saw nothing:fraudulent in the transaction. John,
and Shields were aware of their insolvent state at the time that
they undertoOk, to indent, Carpenter ; it iltio appeared
that they carried on the busmen for seven years after ; and it
may tie, that they bed undertaken to pay his share of the debts on
othfl ell.isag°6ostra-awitilidoef tthraenl:atisetiliitme",. It 'appeared to him to
be and that Carpenter could
C: account
geth
ea upon to pay his share of the deficiency in 1816.
His Hobtotat directed an order that proof of the petitioner's
1
itted.
debt against the firm be adm