The Sun.
London, England, 1827-03-23 00:00:00

LAW INTELLIGENCE.-(THIS DAY.)

HOUSE OF LORDS—APPEALS.
JUDGMENT----amtnNER V. REIKIE.
The LORD CHANCELLOR in giving judgment in this case, ob-
served, that it was an appeal from a Decree of the Court of Ses-
sion in Scotland, respecting the election of officers in the Burgh of
Kilrenny, and the question was, whether the proper mode of elec-
tion was, to return a list of nine candidates for the Burgesses at
large to elect three officers out of them, otto return three lists of
three each, to have an officer elected out of each list. It appeared
that in 1710, according to the set of the Burgh, the election was
made out of one leet of nine, but that the custom had been, since
that period, to return three leets, having one of the old offi-
cers at the head of each. The ground of the present com-
plaint was, that in 1825 one leet of mine had been
returned, instead of three. On behalf of the respond-
ents, it had been contended, that the same persons had been
elected out of the one list, who would have been elected, if
there were three lists, and consequently, as the result was the same,
the ground of complaint vanished. He (the Lord Chancellor) was
of a different opinion, and unless his mind was guided more
by the principles of English Law, than it ought to be in the de-
cision of Scotch cases, he considered the form of election in Cor-
porate Bodies, the very substance of the proceedings : and though
the result might be the same, at the last election, in electing three
out of a list of nine, as in electing three out of three
lists, vet, according to the English mode of election, it
might be clearly shown that the result would not always be the
same. Another question for the consideration of the House, was
whether a clear uniform usage for 40 years might not, according
to the law of Scotland, be considered a modification of the set, or
in the construction of the law, an alteration of it. It did not
appear, from the evidence before their Lordships, that the Court
of Session had taken this point into consideration, nor was
there any proof that the usage of electing officers oust of three
trios had continued uninterruptedly for a period of 40 years.—
His Lordship did not wish to prejudice the case by giving his opi-
nion on these subjects ; but, with that want of explanation usual
in Scotch cases, he thought the better mode would be to remit
this case back to the Court of Session, in order that it might in-
quire whether that usage had continued without variance for 40
years, and, if so, to report what effect that usage should have on
the set of the Burgh, according to the practice of that Court.
The case was accordingly remitted. .

VICE-CHANCELLOR'S COURT.
INJUNCTION.
CMESTEILTOrN V. NEIL.

This was an application to restrain the defendant from entering
up judgment upon a verdict obtained by him against the plain-
tiff, for 5401., the amount of certain bills of exchange; accepted
by the plaintiff; and from negociating or commencing any actions
or proceedings at law, for the purpose of enforcing the payment of
certain other bills of exchange, accepted by the plaintiff under si-
milar circumstances.
It appeared, that two gentlemen, of the names of Allen and
Bunn, who had been carrying on business, as partners, at Wor-
eester, became indebted to the defendant in the sum of 2,200/.
—ln April, 1826 an agreement of this nature was concluded
between the parties. Allen and Bunn gave to Neil bills of
exchange for 16001., which were voluntarily accepted by the
plaintiff, who is the sister of Mrs. Bunn. Neil, at the same time,
agreed not to enforce the balance of his claim until a debt of
about 500/., due by Allen and Bunn to Messrs. Letchmere, Isaacs,
and Co., their bankers, should in the first instance be discharged;
and Neil further agreed, that if from any circumstances Allen and
Bunn should become bankrupts before they paid their debt to the
bankers, he would refund to the assignees whatever portion of the
1600/., secured by the bills of exchange, he might have in the
mean time received, and then come in under the commission as a
creditor for the entire sum of 2200/. Allen and Bunn have since
become bankrupts, and Neil who, previously to their bankruptcy,
was paid 5711. 1 Is. 6d. on the bills, brought an action on three
Others against the plaintiff, and got a verdict : he had besides
gone in ender the commission, and proved the amount of his ori-
ginal demand against Allen and Bunn.
The VICE-CIiANCELLOA enquired, whether the assignees under
the commission were made parties to the bill, and whether Miss
Chesterton received any consideration for her acceptance.
Mr. SUGDEN replied that Neil, the defendant, was then sole
assignee, and also the holder of the bills. The plaintiff received
no consideration for the bills, and that she was induced to accept
them out of kindness for her sister, Mrs. Bunn, and also by the
false representation of Neil, that the parties were solvent. Be-
sides the equity arising from these circumstances, she contended
that as the debt to the bankers had never in fact been paid, she
ought not, under the terms of the agreement, to be called on
to pay the amount of the bills. In the defendant's an-
swer, it was attempted to be shewn that the bankers had
received the amount of the particular debt which was due
to them at the time of the agreement, or at least that it had been
discharged. The debt then owing to the Bankers was of
this nature :—Allen and a Mr. Wheeler who was security for
-him, passed them a promissory . note for 500/. which was to
form a portion of Allen's share in the capital of the partnership
concern ; 1001. was paid on the note, the note itself was taken
up, and Bunn joined Allen in a promissory note for tl,a remainder,
so that in fact the present debt was part of the old one.
The VICE-CHANCELLOR thought the question here, was whe-
ther Miss Chesterton was not at all events to pay the amount of
the bills, and then let Neil .account to the bankrupt's estate for
them. His Honour granted the injunction, ou condition that the
money be paid into Court, to abide the result of the suit.
Mr. HEALD bad no objection. The defendant insisted that lie
ought to be paid the money as bolding the bills, and then account
himself, as assignee under the Commission.

In a case of no general interest, which came before
the Court to-day, a Gentleman who married a Lady, the mort-
gagee ofcertain lands, claimed to be a purchaser of the mortgage, for a
valuable consideration, by reason of his marriage with the Lady
in question ;—upon which Mr. Knight, who was on the other
side, observed, that the Gentleman must have had very valuable
consideration indeed ; for the Lady happened to be old enough to
be hio grandmother..--4A laugh. )

• HIGH COURT OF ADMIRALTY.
This being default day at the Admiralty, the Court sat for a
short time, and some formal business having been disposed of, the
Court adjourned.

THE MARKETS.-(THIS DAY.)
CORN-EXCHANGE.
The arrivals of this week are tolerably fair of most kinds of Grain,
and there is a good quantity of Flour. Wheat continues in the same
languid state as on Monday, at no alteration in value. Barley also re-
demand without variation. Beans, Peas, and Oats, are each in trifling
, and the prices are unaltered from Monday. The Flour trade
is very dull

ARRIVALS.
Wheat. Barley. Oats. Fleur.
4,660 qrs. 2,750 qra.
2, 3,95400 qrs. B,2soseks,
- 3
1,150

English
Irish
Foreign

GENERAL AVERAGE PRICE OF BRITISH CORN,
(wale GOVERNS I MPORTATI ON .)
For the Week ended March 16, 1827, made up from the Returns of the
Inspectors in the different Cities and Towns in England and Wales.
9d. I Oats -.w I
ee"— 30s. 3d. 48s. 2d.
3d. Rye 138 s. Bd. 50.. 2d.

SHIPPING INTELLIGENCE-(THIS DAY.)

FROM LLOYD'S.

DEAL, MARCH 22.-- Wind W. N. W. —Paned the Fair Arcadian,
Willis, from London, for Demerara. Remain the Maria, Caewerin,
for Sierra Leone. Sailed the Charles, Cousin, for St. Michael's ;
Orinthea, Rixon, for Batavia, with outward-bound.
PORTSMOUTH, MARCH 2Q.—Sailed the Vittoria, Evans, for
London.
PLYMOUTH, MARcH 21.—Wind W.N.W.—Arrived from
Loudon the Juno, Coulson, for Malta; Edward, Aldridge, from
Lisbon; Cretan, Gulliver, from the South Seas.
GRAVESEND, MARCH 22.—Arrived the Lyra, Berwick, from
the South Seas; James, Russell, from St. Domingo; Donald,
Lothian, from Demerara ; Friends, Brown, and Atalanta, Milton,
from St. Michael's ; Hope, Rye, from South Wales ; Pilchard,
Curtis, from Africa. Sailed the Sophia, Saliston, for Jamaica.
The George, Kirby, from London to Newcastle, was driven on
shore at Ingoldsmills, 18th inst., expected to be got off.
The Brunswick packet, Gillespie, has put back to Leith to
repair, having been on shore on Holy Island.
The Eliza of Greenock, laden with provisions, was wrecked
4th inst. near Lame.