Star.
London, England, 1830-08-14 00:00:00

LAW RRPORTS.

COURT OF CI—InFETY, Auo. 13.
ix THZ HATTER or ROWLAND STZPNENSON, A BANKRUPT.
SWAYSTOI moved for the payment of a sum of money to
the trustees of the Cumberland Charity. The fund was now in court
in the matter of this bankruptcy.
The Loan CRANCELLOR asked if the motion was opposed, and
being answered in the negative, made the order.

LORD soriox V. PAYNE AND OTHERS.

The SOLICITORAIRNERAL and Mr. STUaar moved for an in-
junction to restrain the defendants from altering the plaintiff's tow.
ing.path on the left bank of the Thames. The aSdavits showed,
that if the ddendasts carried on the works they were now about,
they mast necessarily, to make them available, intercept the line of
the plaintiff's towing-path..—lnjunction granted.

DOWNIE V. BAGLEY.

Mr. PEPTS (with whom was Mr. STUART) appeared in support
of this polders, which prayed that the fortune of Eliza Bagley might
be transferred to the petitioners under the following circumstances.
—The young lady had been n ward of Court, and after having
attained the age of 21, she made a settlement, by which she
assigned her personal property to the plaintiffs, upon trust to pay
interest to her for her life, and after her decease to divide the capital
amongst all her children, and if she should have no children, then
to pay it in such manner as she should direct by her will. This
eetdonent contained no power of reservation ; and the property of
the young lady was still in the name of the Accountant General of
the Court.

The SOLICITOR GENERAL opposed the petition, and stated
that all the facts had not been stated in the opening. After the
execution of the voluntary settlement in question, not in contem-
plation of any marriage whatever, a contract of marriage was entered
into between the lady and a gentleman, and upon that contract it
had been agreed that 1,0001. part of the lady's fortune, should be
given to the husband to set him forward in business; and accord-
key Miss Bagley executed a deed, by which she revoked all the
trusts of the voluntary settlement, and now claimed that the fund
should be paid to herself, that she might execute a proper settlement
upon her intended marriage. This the learned counsel contended
she had a right to do; aad although she was not now under the
control of the Court, as its ward, still, her property being in its
hands, the Court would see that it was most advantageously settled
for her benefit, and that of her children.
Mr. PErys, in reply, first admitted that the Court had no juris-
diction over the propertoof a ward when that ward had attained the
age of 21 years, unless the assignment of such property was made
immediately after attaining age, and was also grossly improvident ;
and secondly, that as nothing had been shown or even suggested,
that there was any improvidence in the present case, the Court ought
to pay the fund over to the trustees nominated by the lady herself ;
or at least that if the Court could not come to that conclusion, it
would take care to indemnify those trustees from all consequences
of their trust.
THE LoaD CusxczLLoa said, that without suggesting any
impropriety of the voluntary settlement, he should not at once order
the money to be paid to either party, but would inquire into the
point, and give his opiniun upon it, and in the mean time the pe-
tition should stand over.
BRIGLIVATEI AND TAUNTON CANAL COMPANY V. THE CON-

at the Gloucester Coffee-house, for the expenses there incurred by
him (12L 10s.) which, since his last hearing, had been redeemed
by Mr. Squires, his attorney, and which he was now ready to deli-'
ver up to the Court.
Mr. Woodroffe —Where is the property ?
Insolvent—lt is in my room in the King's Bench.
The Chief Commissioner—Let the property be delivered up to
Messrs. Dawson and Cafe, the brokers of the Court.
Mr. Cooke—l now pray the judgment of the Court, having every
reason to believe that the Insolvent's friends will make some ar-
rangement with the opposing creditor, and I will undertake that
the things shall be given up to the Court.
Mr. Woodroffe—Have you not two lap.dogs?
Insolvent—Yes.
Mr. Woodroffe.—Bly client, Mr. Martin, says they are of great
value; you must give them up.
Mr. Cooke—l am ashamed to hear them asked for.
The Chief Commissioner—Are they your dogs?
Insolvent—The dog was given to my wife by a relation, and
had a pup.
The Chief Commissioner—Where is your wife?:
Insolvent—ln the King's Bench prison; she is very UL
Mr. Cooke—l knew an officer who had bled in the Peninsular
war shed tears for the loss of a favourite dog.
The Chief Commissioner—Of what breed is it ?
Insolvent—The Blenheim breed.
The Chief Commissioner—Father and mother?
Insolvent—Yes.

The Chief Commissioner—What are they worth?
Insolvent--A guinea and a half a-piece.
Mr. Vi'oodroire—My client says the mother of the pup is worth
twenty pounds.
Chief Commissioner—Say a guinea for the puppy. (Laughter.)
hlr.Woodmffe—My client will not press for the dogs.
The Chief Commissioner, in delivering judgment, said it was
needless for him to read over the whole of the evidence adduced
against the insolvent. It was not an ordinary case, but one pregnant
with fraud.
The judgment of the Court was, that the insolvent should be dis-
charged out of custody as to all his creditors, except Mr. Martin,
and that he be remanded at his suit for 12 calendar months, for frau.

dulently contracting a debt with that gentleman.
Mr. Woodroffe.—l now ask for a portion of the insolvent's
pension.
The Chief Commissioner.—What is your pension ?
Insolvent.-1001. a-year fur wounds.
Mr. Cooke..—How many wounds have you received?
Insolvent.—Six.
The Chief Commissioner.—Pity that you, who could show so
brave a spirit in battle, should have shown so mean a spirit in other
respects. Have you any means beyond your pension ?
111 r. Woodroffe--He has friends.
Insolvent—Their friendship has been withdrawn.
Mr. Cooke-1001. a-year is a small sum to live in a prison with.
The Chief Commissioner—lt will be to the credit of your client,
Mr. Woodroffe, not to press it; he will be assignee.
Mr. Woodroffe—My client wishes no private settlement; he has
travelled 800 miles to follow up his opposition.
The Chief Commissioner.—Well, take 101. a.year.
Mr. Cooke—To begin after the expiration of the sentence.
Mr. Woodroffe pressed an early period, but it was overruled.
The insolvent was then remanded.
Robert Parr came up again this day by adjournment. Upon the
case being called on,
The Chief Commissioner said, I recollect this case very well,
and am determined to sift it to the bottom.
Mr. Cooke.—The driver of the van is here.
John Williams, examined by Mr. Cooke.—Witness L servant to
Steadman ; he drove the van ; he left the insolvent's house at ba-
ptist six o'clock in the morning ; had two hones ; he could have
taken double the load with one horse; there was a bed; or two, a
child's crib, a wardrobe, and other things, but no tables or drawers
that he saw. He drove them to South Bank, Regent's-park. Will
swear they could have been drawn by one horse.
Cross-examined by Mr. Woodroffe.—He was paid 17s. or 181.
for moving the goods; bad 3s. Gd. for himself. He took no plats
that he knew of; took no hampers.
Mr. Shepherd, examined by Mr. Cooke..—Witness was owns of
the Alpha Cottage, where the insolvent resided ; was the owner of
it on the 23d of September ; has sold the lease since. The bell.
vent paid him two guineas a week for it; he resided there 10 a 11
weeks ; paid him in all about 231. Witness was on the rood=
when the insolvent was living there. Witness occupied a room in
the house ; did not observe an increase of furniture.
-wined by Mr. Woodroffe.—Every room had a parr
William Rarl examined by Mr. Woodroffe.—Witstme had lived
with the insolvent up to June last ; he cleaned the plate once a
week. Is not sure, but thinks lie saw two dam of grams, amen
and table spoons ; about a dozen of silver Anb, large and small;
two pair of salt spoons ; two pair of sauce ladles; a gravy spoon;
and a silver tea-pot.
Cross-examined by Mr. Cooke—Nobody told him to say all this.
He first mentioned it to Mr. Davey. Told him when Mr. Davey
asked him, when the insolvent was first brought up, about a fort-
night ago. Couldn't say if after the second time. Had been asked
more than once. Told him this morning. Went over the story
about the plate yesterday morning. What be bad to say was not
written down. He is a cheesemonger's boy now. Went into Mr.
Davey's service on the Ist of July. Left the insolvent's service in
June because he bad not wages enough.
By Mr. Woodroffe—Did not leave his seeks on account of
dishonesty.
Timothy Ring, examined by Mr. Woodroffe—Witness lives at
Retreat-place Hackney. He went into the service of the insolvent
when the other boy left. Lived with the insolvent three months.
He cleaned the plate often. (Here, similarly to the last witness, be
described the plate.) He knew it wax silver. Mrs. Farr put them
in a hamper, and sent them of by a carman. There was an errand
cart full of them. It went to Lothbury, to Mrs. MW's, about a
week after the sale.
Cross.examined by Mr. Cooke.—He never took an oath before.
The boy Earl brought him up. Was at Mr. Davey's yesterday.
Wes with him half an hour. He was passing by Mr. Davey's shop
when Earl asked him in. Mr. Davey asked him what he had seen
removed ? He told him be knew some of the things, not all. No.
body told him what to ay; Earl went over thethings with him and
Mr. Davey too. Earl said the candlesticks were plated; had seen
the errand-cart before; he knew Mills, and used to go to his house.
Examined by the Chief Commissiooer.—His father is a brick.
layer's labourer, his mother is a washerwoman ; he goes to chapel
to Mr. Burder's meeting-house.
Insolvent examined by Mr. Cooke.—The maid.servant always
cleaned the plate ; the boy, Earl, came to clean the shoes and
knives ; there was not so much plate in the house.
By the Chief Commissioner.—The servant-maid might ask the
boy to clean it. He turned him off; he was never asked to give him
a character ; if be had been,he would not have given him a goodone;
he had had a silver teapot, which he had pawned to pay his expenses.
This was 12 months back ; pawned it at Perry's, in London-wall,
for about 71; he sold the duplicate in December; be had not two
dozen of spoons when the boy was with him. Had ten spoons
in all, including six tea-spoons. Don't think he had a dessert.
spoon. Had two plated candlesticks, no plated forks. Had two
salt spoons, and one sauce ladle, which was used for sugar. (Mr.
WOODROPIPZ.—This is not stated in the balance sheet.) The
tea.pot was pawned before the sale ; could not say what he sold the
ticket for. Knew Cornish. He did not know his wife sent the
hampers. Only a large box went to Mills's ; it was a ma-tritest;
believes it was empty ; cannot say what it contained. He turned
Earl away for pilfering; his wife told him he pilfered she dia.
charged him; his servants knew he pilfered. He knew he was
in Mr. Davey's service : he did not tell Mr. Davey he had got a
dishonest lad.
The Carer COMMTISION6I having ordered the last boy ex.
amined to stand forward, solemnly Interrogated him as to his ides
of the meaning of an oath. The lad seemed sensible of its awfill
import, and the learned Commissioner proceeded to examine him.
He had mentioned the plate to Mr. Davey ; he asked him what
there was ; he told him as near as he could. Witness helped to
take the hampers out. Master (insolvent) was not within; there
was a good many hampers; six or seven great hampers; Mrs. Fan
was by; he saw Mrs. Farr put things in • it was between twelve
and one o'clock; it was the nurse, he believed, stopped the errand.
cart.
Mr. Cooke—l believe the last witness to be the witness of truth,
but not the first boy.
The Chief Commissioner—Better for the insolvent, Mn Cooke,
that it should stand over; and, addressing the insolvent, be said, in
a very impressive manner, and with great energy, " I cautioned you
when you were first before the Court to be easeful how you an-
swered the questions put to you : again and again, I advised
you on your second examination, to adhere to the truth. This
day you have endeavoured to blacken the character of a youth
a hose oath goes far beyond yours, and tremendous is your re-
sponsibility on this account. That many things have been
removed, no one who heard the evidence could doubt for a mo-
ment ; and your wife, who should have set an example of ho.
nesty to your children, has, by her interference in removing the
property, become an instrument of your disgrace. I new for the
last time solemnly warn you, if you wish to escape a heavy impri-
sonment, to disguise nothing. thin from your wife the whole
truth as to where the property was secreted. If you do se, when
the case conies up again, you may receive a much wilier wale&
George Lomas, late a captain in the 92d regiment, came up ' man than might otherwise await you."
this day with a new amended special balance sheet, to receive the I Mr. Cooke said he was afraid that all intercourse with the Mb
judgment
of the Court. was cut of.
Mr. Woodroffe, who appeared for the opposing creditor, Mr. The Chief Commissioner—Let the case be adjourned to madam
Martin, said he did not find that the property had been given up. i Mr. Mills and Mr. Cornish, and don't Ist the insolvent be Mel
The insolvent said, Mr. Orgill had retained his wearing apparel nut when I sin present.

lERVATIONI or TEE ling% TONS.
Mr. Holum and Mr. Jacos appeared on a motion to dissolve
an injunction in this case. The facts were shortly these:—The
canal company, under the authority of their Aet of l'arliament, con-
ceived they had a right to cut into the River Tone, and also to take
the waters of the river for the purposes of the canal, both which they
had done, and the latter by means of a steam-engine. The defend-
ants then erected a dam across the mouth of the canal, by way of
reinstating the original bank of the river, and on the plaintiffs setting
men to work to pull down that dam, the defendants offend resist-
ance and opposition. The Canal Company then filed the bill for,
and obtained, an injunction restraining the defendants from ob-
structing them in pulling down the dam. To dissolve this was the
object of the present motion.
The SOLICITOR-GENERAL and Mr. PIGGOTT were in oppo-
sition to the motion, and it was ultimately agreed that the whole
question should be tried between the two corporations by actions at
law, one of which, to try whether the Canal Company had a right to
cut nto the river, and the other to ascertain whether the company
had a right to take the waters of the river—.the plaintiffs in equity
submitting to any order the Court may make after the trials, and
keeping an account of the tolls which may ultimately appear to be
due to the Tone Company. The injunction is to be continued in
the mean time.

VICE-CHANCELLOR'S COURT, Auo. 13.
His Honour's paper to-day was filled with cause petitions to the
amount of about 120. Nearly all of them were disposed of, but the
circumstances of those which were argued contained nothing of pub.
lic interest.

bed in it.