The Sun.
London, England, 1829-11-05 00:00:00

LAW INTELLIGENCE.-(THIS DAY.)

COURT OF CHANCERY.
ovgyi,
T —..".RDEIsiTHEATRE.'"•—CONBT V. HARRIS.
14-. "41.1. Es stated that a petition in this case had by
!°tme.nle4nis or other Rot in to the Vice-Chancellor's paper.
1. would be impo:sible to have it properly beard ill...the
;I>urt below, not only as this was the branch of the Court
.14_whieh the affairs of this place of amusement had here-
lawfre been conducted, but because the order sought for
h:duld affect ♦ decree to be pronounced on a petition that
11,--141.,reWY been heard here. Under. these circumstances,
t, 44 to pray that the petition might be ordered to be
had
-
-trred into this Court.
The LORD CHANCELLOR acceded to the application.
khAl‘ir. PEMBERTON appeared to oppose that petition,
,r"ch"" asked that either it might stand over until his Lordship
runeetl
Petition, the Judgment now pending, or to the next
day,
The Loan CHANCELLOR directed it to stand over for
the Prestnt.
aettli His Lordship conceived that the motive for
the disputes of this theatre was now greatly
"tree ng
gthened.
Mr. HORNE Was satisfied that the theatre would be
//.Gore indebted to the ladies (as it now appeared) than to
hiCourt of Chancery for a happy issue out of its troll-
" --(Laughter.) o,t he Loan CHANCELLOR could with safety say that if
4tinued in this Court much longer, it would never
ecover from the effects of it.

PRACTICE IN BANKRUPTCY.
to •
"RD CHANCELLOR observed, that he had acceded
tio "di application the ether day made by Mr. Montague,
let a COO mission of Bankruptcy should be amended by
He ding the letter s to a n.ime which had been struck our.
t,al lone go under the supposition that there had been
eccemental mistake, but be had since had reason to
Thitive that the letter had b”en deliberately struck out.—
was misconduct that ought to be noticed. No attor-
JY's clef k had a right to do such an act for the purpose
for:Tending prodeedings under a commission ; and there-
'nstead, accordin to the former intimation, of allow-
ng the letter s to begagain added to. the commission, tbe
court felt bound tnorder the commission to he superseded,
had
a new one to issue at the expense of the party who
Hoed the step.
Mr At INDEPENDENCE.
--.°KTActi prayed upon a petition, that another, to
renewh eciaDUiBSiOn of
Bankruptcy, might be ordered to
eThkeeerird en an early day.
ee.astok° CHANCELLOR said he should request the
s-'uatleellor to hear it, as he could not permit his own
With Per to 6,
new:'`e crowded more than was absolutely necessary
Mr m "es'
inin. • °Nunn submitted, that as it regarded a point of
stdr-ecirtato.nt practice, it was a fit case to be beard here.—Ac-
eir• WAKEFIELD, on the other side, saw no reason why
„,tt matter could be represented as pressing, unless for the
7,6011a1 convenience of his Learned Friend.
Moseracu (after a pause, and with considerable
l'Us-tPi ce""in.l,,t never did ask for a favour in a court of
only ask ,1 life, and never will to the day I die. I have
for my right !
R THOMAS V. MONTGOMERY.
t "st said, when this cause petition was called on,
lie believed it could not be heard effectually just now,
loroa"nuelt as another petition was about to be presented by
e interested party. It involved a question of great
Magnitude and importance, relating to the distribution of
ta
residue of the late Duke of Queensbury's estates.—
over.
IN THE MATTER OF THE HON. MR. JARVIS.
Hot ntsE appeared on a petition by Lord St. Vin-
stating that his son had been found a lunatic on the
relotnikion which had lately issued, and praying for a
iiineeu,to the Master to appoint proper guardians.
rh4e"4(EFIELD applied, on a petition presented by the
the M.. °Nile lunatic, for leave to carry in proposals to
, a Office.
q °R.NE submitted that this petition had been
Tht forward only for the purpose of getting costs.
*pal'{ CHANCELLOR said, that all parties interested
St, ,leee%,!)e at liberty to go in before the Master upon Lord
sti tit's petition, and therefore lie refused to make
pt4/;:trder on
the petition on which Mr. Wakefield ap-
iaeu It was highly important that no costs should be
l'retl that could be avoided.
kon'everal cases
were struck out in consequence of no per-
EistPkPenrthg to support them. The Cause and Lunatic
he I --aVmg been.gone through, and no gentleman ng
tti. Pared
to move any thing, his Lordship rose at a guar-
Pan 12 o'clock.

The Court took cause petitions to-day,
Alt k SPECIAL INJUNCTION.
te-,.; applied for a special injunction, to restrain
th Parties from negociating certain large bills of ex-
ittinge, alleged to have been obtained from a young gen-
ut one of the Universities, under fraudulent and
ith „-"ug circumstances. The Master of the Rolls during
lcoed..lettlion granted an injunction, which it was. con-
bY the party holding a bill for 3,000/., did not
ttt'oo. 7... it• Under such circumstances the present appli-
tii 'tun* necessary. The Learned Counsel admitted
kilreuent holder of the bill to be a bona fide one, yet
114 'k
considering the circumstances under which the bill
the- ren obtained by the original defendant, he trusted
.."ah7lrt would grant the injunction. Injunction
to ,17.
TI,:I44ITTER OF THE CHAR'TY OF JOSEPH FRANCKLIN.
dile tluestion on this petition was whether the dividends
tl'e•AlLik aunt of 1,600/. and a fraction in the hands of
kletoi,"„utltant-General, were payable to the petitioners
haior;runt legacy duty. In 1813, a gentleman of the
Pariaho,;!Useph Francklin bequeathed to the poor of the
hid tladdenham, in Bucks, 50/. per annum, to be
hitter bread at Christmas, and distributed by the Mi-
Parilkand,Churchwardens to the most needy objects in the
1,..h!. Coots The executors of the testator, under an order of
Three op:, Purchased a sufficient quantity of stock in the
Gener:l Cents. to answer the legacy. The Accountant
Iliater,"wasdirected to pay over the dividends to the Ml-
ing'Churchwardens of Haddenham for the time be-
who TI Churchwardens Payment had been regularly made until lately,
serve% '"e Petitioners were informed, that notice had been
uf the ap..t the .Accountant-Gineral's office, by the solicitor
but- Board of Stamps for the Department of the Legacy
fur 7.Nuiring the Accountant-General not to pay any
116th-rgliYidends until the duty had been paid. By the
to m. every legacy to 'the amount of 20/. given
to the stronger in blood to the testator was subject
eel oe PaYment of 6 per cent. legacy duty. The Coun-
ttas 111
the Part of the petitioners, contended that this gilt
Batttoe early out of the pale of this Act, there being no per-
orhi.whorn the testator had given a benefit of the value
for the bountyoo of the parish of Haddenham, fit objects
- of the testator, amounted at the present inc-i
eoti;ten tio less than 820, and the yearly value on bread
ts, d by any one person, did not amount to more than
Dile Under these circumstances, the petitioners sought an
to front the Court, requiring the Accountant-General
pay the dividends to I without the payment of the
itleY duty,
t
„
qO4. rt"IIPELL and Mr. LOWNDES appeared for the peti-
ees4 The SOLICITOR-GENERAL
ttleille Vie
1-CHANCELLOR thought the Crown entitled to
Vega duty, and also their costs of the present petition.
'bun the case of De Beauvoir v. Rhodes being called on,
IlotitiC,l,l2tP Stated, that Mr. PITTS his leader, was in the
es,* court, and trusted His Honour would allow the
....tor stand over till he came into Court.
84 • ROAM' considered that could be taken as ao excuse.

Other Counsel, for the purposes of convenience, had given
up practising in the Rolls Court, to4ether with its emolu-
ments. He did not see why favour should be shown to
one more than another.
The SOLICITOR-GENERAL observed that it was quite
impossible for Counsel to attend the three Courts. The
Bar were trying to come to some arrangements. He, to-
gether with his Learned Friends, Mr. Horne and Mr.
Knight, had-come to the determination not to take any
more motions in this Court, and he individually intended
to give up all the bankrupt petitions.
The VICE-CHANCELLOR was quite glad to hear of some-
thing like an arrangement. He thought it impossible for
Counsel to practice in all the three Courts.