The Sun.
London, England, 1827-05-16 00:00:00

LAW INTELLIGENCE.

COURT OF KING'S BENCH, M& 15.
wirmEß V. KEMBLE AND ANOTHER, ASSIGNEES OF

MILEHAM.

This was an action of trorer, tried before the Lord Chief
Justice, at the sittings after last Trinity Term, when a ver-
dict of 1,0001. was found for the plaintiff, subject to the
opinion of the Court, on a case argued to-day by Mr.
Rsitxx, for the plaintiff, and Mr. FREDERICK PoLLocx,
for the defendants. Mileham owed the plaintiff 6231.
for money lent, and, to secure it, executed, in
February, 1819, his warrant of attorney to the plain-
tiff, who, on the 10th of November, 1825, entered up
judgment upon it, issued a writ of execution against
the goods of Mileham, and delivered it to the Sheriff,
who on the same day entered Mileham's premises and
seized his stock in trade, estate, and effects, which were af-
terwards appraised at 402/. ; for which stun the Sheriff,
by bill of sale, made them over to the plaintiff, who took
possession of them on the sth of December, and carried on
the same business (that of a grocer) on the premises, in his
own name. On the 23d of December Mileham declared
himself insolvent, and on the 30th of December a
commission was issued against him, whereon he
was declared a bankrupt. The messenger tinder
the commission immediately took possession of the
goods which had been so made over to the plaintiff,
and they were afterwards sold by the direction of the
defendants. The plaintiff made a demand of the goods
before the sale. The question turned upon the 108th sec-
tion of the new Bankrupt Act, which enacts, that no cre-
ditor having security for his debt shall receive, upon such
security, more than a rateable part, except in respect of
any execution levied by seizure upon the property of the
bankrupt before the bankruptcy : provided that no credi-
tor who shall sue out execution upon any judgment ob-
tained by confession shall avail himself of such execution
to the prejudice of other creditors. _ _

Mr. PARK contended that this clause, admitted to be
contradictory to the 81st clause, did not apply to the pre.
sent case.

Mr. F. PoLLocx relied upon the precise words of the
clause.

The Court delivered their opinion in favour of the plaintiff.

THE KING V. COLONEL BRADLEY.

The ATTORNEY-GENERAL, just before the rising of the
Court, applied (at the instance of General Fuller) for a
criminal information against Col. Bradley.

Lord TINTEADIN.-- Take a rule to show cause.

In the course of the day his Majesty's warrant, under the
recent act, was read, directing the Judges of the Court, or
any two of them to sit in ianco after the term, on Tues-
day the 29th, and Wednesday the 30th of May, and on
Thursday the 7th of June, and thence to Thursday the
Ilth of June.

Lord TENTERDIN said, the Judges would sit in the ad-
joining Court, awl he would endeavour so to arrange the
sittings at Nisi Priits, as to be at Westminster on those
days as much as possible.

INC EN DIARIES.--A most diabolical and
cold-blooded attempt was made a week ago to
destroy by fire the heath, or rather the grouse,
on Cannock Chase, in this county, the lord-
ship of the Marquis of Anglesea. The attempt
was in a great measure, we regret to add, suc-
cessful, as for a distance of' two miles in length,
and several hundred acres in breadth, the heath
was completely burnt. The mode adopted to
extinguish the fire was the employment of about
200 men, with long sticks, beating the heath
until their object %vac accomplished. A breed
of black as well as red grouse has been for se-
veral years anxiously preserved on these moors,
and there is too much reason to suspect that the
mischief to the eggs and sitting birds is very
considorable.—Stajf9rd Advertizer.