The Sun.
London, England, 1818-10-16 00:00:00

INSOLVEN 1 DEBTORS' COURT.

POWERS UNDER THE Act' OF PARLIANIENT.
wiLLIAms V. NIELSONI.

This was a case of very considerable import-
ance, involving a question as to the right of Ser-
geant RUNNINGTON to discharge a person front
custody who had been committed under an at-
tachment front the Court of Chan"Cely.. It arose
out of the application of John Melsoth for his
discharge, which was opposed by Mr. Heath, on
behalf of a Mr. and Mrs. Williams, on the ground
that the Learned Sergeant had not the power to
interfere with an order of the Lott! Chancellor.
He, in the course of his argument, submitted that
the present could not possibly lie taken as a
money transaction, which would bring it within
the 47th clause of the Act. The prisoner had been
Co-Executor with his brother Richard, and had
appropriated the sum of 1611. s. 3,1. to their
own use, instead of paying it into the Bank of
England. An application -had in consegnence
beet' made to the Lord Chancellor by Mr. and
Mts. Williams, praying his Lordship to order the
money to be paid into the Bank in the name of
the Accountant-General, which was ordered ac-
cordingly. This order not having been complied
with, an attachment issued, and the defendant and.
his brother were committed to prison. The patties
had applied to Mr. Sergeant Palmer, who remanded
them ; but the circumstance having occurred four
years ago, the reason for his so doing did not op-
pe4r. Mr. Heath, in conclusion, admitted that
the Goirt had the power of discharging the pri-
soner from the costs, but as the transaction could
not be termed a money one, the prisoner could not
avail himself of the Act of Parliament for the
contempt.
Mr. POLLOCK, for the prisoner, observed, that
the brother had been yesterday discharged, not
Lacing been opposed, in consequence of his hav-
ing given Messrs. Bell and Brodetick a sum of
201., and a Bill of Exchange for 501. more. The
present, he contended, was a mere money trans-
action, and came within the 47th claose of the
Act ; for on his paying into the Bank to England
the sum in question he would be itmuctliata ly en-
titled to his discharge.
Mr. WALF.BII, on the satlle side, contended, in
addition to Mr. Pollock, that the two parties could
not be separated, and that the Court le.ivicg dis-
charged the one were bound to discharge the ether.
In fact, they had compromised with one, Laving
received 701. of hint, And had hereby purged the
contempt in the other.
Mr. HEATH, in reply, observed, that the affi-
davit of Messrs. Bell and Broderick expressly
stated that they received the 201. and the bill of
exchange, which had not been paid, for Richard
Melsom's costs only. If the prisoner were to pay
1,0001. lie could riot purge the contempt, for they
were ordered to transfer the stock in•question how
their own into the name of the Accountant-Ge-
neral, and until this was done, they must be in
contempt.
Sergeant RUYNINGTON, observing on the dif-
ferent arguments that had been used, said he could
not bring his mind to the conclusion that the or-
der was one for the mere payment of money.
'flue order was made by the Lord High Chancel-
lor for a contempt ; it was not, as he had before
said, for the payment of money, but to obtain
the controul over certain property, the stiliit.ct
matter of the order in question. In the present
instance he should suggest the propriety of ap-
plying to a Court of Equity to discharge the or-
der, on the ground of the compromise that had
taken place.
The prisoner was then discharged front the
costs of the suit in Chancery, anti his other debts ;
but remanded as to the contempt.

ATTEMPT AT Moyne R.-Nlr. Barnes, who kept
a respectable academy in Hoxton-squate, having
removed front his house to another ❑lore commo-
dious in the neighbourhood, sent his servant maid,
who has lived in the family many years, on Mon-
day night to secure the shutters of the uninhabit-
ed house, on the inside; as soon as she entered,
two men, who had concealed themselves upon
the premises, seized her ; and, afer treating her
exceedingly ill, forced her up to the garret door,
and tied a cord round her neck, which they fas-
tened to the key-hole, left her hanging in that
position, and went down stairs. A baker living
next door heard a very great noise, which led him
to suspect the house was being robbed; and in coo-
setpience he and Mr. Barnes went in with the view
of catching the thieves : they proceeded tin sit►irs,
and found the maid banging in the manlier de-
scribed. The baker held her in his arms whilst
she was cut down ; she was in a very exhausted
state, and a few minutes mote would have totally
deprived her of lite ; but a medical Gentleman,
who was called in, Navin;' used proper means,
soon succeeded in restoring her. She then gave
the above accemint of the horrid traosectioo.—
Search was made after the ruffians, but without
effect.

AsbAssiNivrioN.—A niot daring alit! abomina-
ble outrage was committed Oil Saturday evening,
in the town of Blennerville, county of Kerry.—
Nicholas Freeman, a tithe-proctur, belonging to
lbe Rev. Mr. Denny, of Church-hill, was waiting
101' entrance at the door of a shop at Blenncrville,
when he was fired at by some unknown ruffian,
who lodged three small balls in his body, and
perforated his clothes with several others. The
balls were extracted, anti there arc stroo;!, baprs
of the tinfOrtUnitte r 213 recovery —(Con!; Chro-
nicle