The Sun.
London, England, 1829-05-02 00:00:00

LAW INTELLIGENCE.

±C,TiIIT OF KING'S BENCH, MAY 1.
iVOO A:siD OTHERS Z. GRIMwoOD.
This was an action of trover to recover possession
of certain title-deeds, which had beeF. deposited with
the defendant as a security for a sum of 5,000/. ad:
vanced by him to Messrs. Brightwell, brewers, of
Ceggeshall, Essex. The plaintiffs sued as the as,.
signees of Messrs. Brightweil, 42 had become
bankrupts ; and the ground on which they zolight
to recover possession of the deeds was, that they
had I...evp placed in the defendant's hands in consi;
deration of a corrupt contract between him and the
bankrupts, whereby he had received more than the
lawful rate of interest for continuing the loan of the
5,0001. after the time that he had expressed his in-
tention to call it in.
The Jury found for the plaintiffs.
wai..cttp V. BULKELEY.
This was an issue directed hy the Lord Chan-
cellor to try two questions—first, whethe ;he de-
fendant had fraudulently induced the late General'
Richard Rich Wilford to extend a tine, levied by
him, to other property than that which he had con-
tracted to sell to the Governors of Chelsea llos-
pital; and, seeoridly, whether he had fraudtrier4ly
omitted to inform the General that the effect of such
fine would be to revoke any will that he might have
previously made, devising the property comprised in
the fine.
The jury found for the defendant on the first
--14tre, and for the plaintiff on the second—viz., that
the defendant had fraudulently omitted to inform
General Wilford that the effect of the fine would be
to revoke any will that he might have previously
made, devising the property comprised in the fine.
APRIL 25.
PELAXE V. HILLCOAT.
This was an action of debt to recover a penalty

imposed by a local turnpike
.act.. The defendant,
who was the treasurer under the act in question
(the Windsor Forest Road Act), was charged to
have incurred the penalty in having acted as trustee
while he was treasurer. The words of the act were,
that " no trustee shall enjoy any office or place of
profit" under that act. The defendant, being a
trustee, acted as treasurer, and held the balances
which were from time to time in hand. Those
balances were left by the defendant in the hands of
a friend of his, named Roberts. What was the
arrangement between the defendant and Roberts
did not appear; but there was no proof that the de-
fendant actually received any profit from these
balances. Under these circumstances, Mr. Justice
Gazelee, who tried the cause at the last assizes,
was of opinion that the office in question was not
" an office of place or profit" within the meaning
of the act, so as to subject the defendant to the
penalty. He accordingly nonsuited the plaintiff;
but gave him leave to move to enter a verdict for
the penalty,-in case the Court should think the case
brought the defendsant within the penal regulation.
A rule having been obtained calling upon the de-
fendant to show cause why the nonsuit should not
beset aside, and a verdict entered for the plaintiff,

Mr, AmErtsoN now showed cause, and endea-
voured to maintain the nonsuit.

Mr. TAUNTON and Mr. TALFORD appeared to
support the rule.
Mr. Justice BATLEY thought the true question
was, whether profit was made by the office held by
this defendant. The question should be left to the
jury, that they might say whether the balances were
such as that they could reasonably infer that profit
was made of them. As this question had not been
left, the rule could be made absohite only so far as
to send the case again for trial.
Mr. Justice LITTLEDALE and Mr. Justice PARKE
concurred in opinion, and a new trial was ordered
accordingly.

INSOLVENT DEBTORS' COURT, MAN• 1.

THE AGE NEWSPAPER.

Mr. Richard Downing Richards came up to be
heard on the matter of his petition, arid was opposed
by Mr. oil behalf of Mr. Hughes Ball, Mr.
'Likes, and M. D'Egville, of the King's Theatre.
Those gentlemen had brought actions against the
insolvent for libels in the Age, arid recovered da-
mages.

The insolvent, in his examination by Mr. HEATH,
stated, that in June, 1827, he soil half of the Age
to Mr. Charles Molloy Westmacott, being then con-
fined in the King's Bench prison. He never en-
tirely gave up the paper, and conceived himself now
entited to the otl,er moiety. He had seen:some do-
cuments regarding the sale of the paper between
Westmacott and a person named Bowden ; but he
was not privy to the sale. In June, 1827, when
he sold one-half the paper, he wrote to the Stamp•.
office, stating himself still to be a proprietor, but at
that time he discontinued publishing the paper, and
it was recommenced publishing by Bowden the
following Sunday, beginning No. 1, as a new pa-
per. In about six weeks Bowden gave it up to
one Anne Durham. On the 25th July the insol-
vent received front Bowden 701. for writing leading
articles for the Age—when he left off publishing it,
he wrote to the Stamp-office requesting that Bow-
den might be entered as proprietor at the Stamp-
office, because he, the insolvent, was a prisoner in
the King's Bench. While he was in the King's
Bench, an agreement was drawn out by which
Bowden agreed to sell one half the paper to West-
macott, (which agreement was partly in insolvent's
writing), having reference to the English Gentle-
man ; it was dated the sth July, 1827, but it was
newer executed ; the conditions were, that Westma-
cott was to advance 250/. in three several sums, to
enable -Bowden to meet expenses. On the 25th of
July, another agreement was made, which was exe-
cuted : it was between Bowden and Westmacott,
aad recited that Bowden was the sole proprietor.
By that agreement, Bowden was to sell one half of
the Age to Westmacott in consideration of the sum
of 2001.; of that sum 100/. was paid by Westma-
cott to Bowden in insolvent's presence in prison,
and the other 100/. was to he paid to the :stamp-
office. Insolvent did not know that Bowden ever
advertised the Age for sale, but being in want of
money, he might have authorised Bowden to do so.
As to Miss Durham being the proprietor, the insol-
vent knew nothing whatever about it; he was not
privy to any transaction relating to her having a
share in the paper. A deed and receipt fur 3001.
given by Bowden to Anne Durham was produced,
and identified as Bowden's writing. Insolvent never
made a transfer of the whole paper, and he had now
an equitable claim to out: half with Westmaeott,
As to entering Bowden's name at the Stamp-oaice,
it was very common to enter mimes of persons who
were not the real proprietors. Bowden was only a
compositor; and as insolvent was in prison, it was
by his direction that Bowden sold one half to West-
macott ; the other half he, insolvent, still claimed.
Mr. HEATH asked the insol-ient if he would have
any objection to state in his schedule all that he had
sworn as to his claim to the half of the paper.
Mr. Richards had no objection whatever.
The records of the actions brought by the oppos-
ing creditors against the insolvent were put in ; in
the case of Mr. Bail Hughes, the damages trete
1501„ costs 86/.195.; in that of Mr. D'Egville
1504, costs 844 ; and in that of Mr. Baikes
costs 21., and increased costs 79/. 10s. The two
former were not defended, but the latter
Mr. HEATH—how repent the offer, Mr. Richards,
on the part of Mr. D'Egville, to give up further
opi:Nition, provided you will say who was the
author of the az!,

Insolvent—l do not know his name.
Mr. Comm, for the insolvent, said that there was
nothing at all aggravating in the case. Respecting
the actions of Mr. Ball Hughes and Mr. D'Egville,
they were not defended. Mr. Raikes's was, and
the" damages were only 21.; and the probability was,
that if the others had been defended, the Ci4nligCs
would have been also reduced. It was not true
that the insolvent had possession of one half tile
paper all the time, for he had been tricked out of it,
and had received nothing, except the 70/. for writ-
;tug leading articles, which fact argued nothing as
o the property ; for many proprietors, who were
also editors, received sal7ies as editors independent
of their shares in the It way a singular
circumstance that all the documents produced to-
day were in the possession of Mr. Wcstmacott, who
era: the ostensible proprietor, and who would be ex-
tremely desirous of keeping the paper to himself.
IlF.Arro--4-4 is not ; Anne Durham is the
proprietor.
_ _

kr. COOKE said, she was merely apuFpet, There
wire female puppets as well as made puppets ; and
to pretend to ;-,4y that Miss Durham was the pro-
prietor, was mere nonsense, Westmacott acting as
the sole proprietor and manager. There was no
proof of what connexion subsisted between Mr.
Westmacott and Miss Durham, but it was clear that
Westmacott was a proprietor, and as the case would
come. before a;;other Court, Mr. Westmacott and
his puppet would find that they conk; not do exactly
as they pleased.
Mr. HEATH then applied for Mr. Ball Hughes
and Mr. Raikes to be appointed assignees. Mr.
Raikes waii a man of business, and Mr. Hughes,
now in Paris, would be in town next week,
Mr. Salmon, of the firm of Cunningham and
Salmon, printers, applied to be appointed an assig-
nee, they being creditors for 2001. If Mr. Hughes
13311 and Mr. Raikes were appointed, not a creditor
would be paid.
Mr. HEATII consented to withdraw Mr. Ball's
Hine, but hoped Mr. Raikes would be appointed.
Mr. MAHER, a barrister, appl ed for a Mr. Jay
ar.d Mr. Willis, the attorney, to be appointed assig-
nees. The Learned Counsel said that Westmacott
was the real party befOre the Court, and had put
forward these opposing creditors as stalking-horses.
Mr. HEATH disclaimed any such imputation against
these gentlemen.
After some further discussion, the Court decided

that a meeting of creditors should be.called, .when.
assignees might be chosen. _

There were only two Commissioners in Court,
Messrs. HA.Rms and BOWEN. They said they
would not give their opinions as to whether dlr.
Heath was at liberty to pursue his opposition today,
without consulting the other Commissioners. They
therefore would adjourn the case until Monday,
the 11th instant, when the Court would deliver its
judgment.

SHIPPING INTELLIGENCE.