The Sun.
London, England, 1829-04-15 00:00:00

EMOLLIENT VEGETABLE SOAP.
N
this SOAP is introduced VEGETABLE
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as well as the harshness which it generally acquires from
aea-bathingt will speedily be removed ; besides the above
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it the favour of the Nobility and Gentry, whose unequi-
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permanent reception at every Ladies' toilette, if once used.
Made and sold at Is. a square by Rigge, Brockbank, and
itigget 35 New B dt t
on -8 ree .

VICE-CHANCELLOR'S COURT.

FY-PART33 ACHERLEY.
11l .11E 3IATTER OF O.AVENAOH, BROWNE AND CO.,
BANYBUPTS.
TRIS was a Petition presented by Mr.
abo Acherley, the Quorum Commissioner under the
„„le Bankruptcy, in consequence of certain discoveries
after he had signed the Certificate of William Browne,
one af the Bankrupts, and praying that such Certificate
nidgl't be sent back to the Commissioners.
The Vice-Chancellor gave judgment as follows :—lt
r`lri to me that Mr. Acherley would have acted with
%relit Propriety, if on the day the Commissioners met for
fr: Pl.irpose of signine• the Certificate he had refrained
Com mgning the Certificate, according to the desire of Mr.
of liming, made in consequence of the letter of the 13th
it,,..4"atYs 1827, because, when that letter from Mr.
"" stated " I hope my attendance will be rendered un-
ti,loessalY, as I know nothing of Mr. W. Browne further
e the involuntary holder of the parcels above-
bani!_ntibewli ," it must have appeared to the persons who
01_7 attended to what took place at the last examination,
„tt:4 here was a very great contradiction between what
tra stated Reeves' letter, and the statement which
wne had made on the Bth of January, only a few days
before,nti when he Was asked " Is there any professional
Zen. man in whose hands any of the Papers are besides
'c'fis Frampton ?" Answer_,, Yes ; Mr. Reeves, of
tallf?ury,
oe6my professional adviser ;" and it
ti,aPPear to me extraordinary, that notwithstanding
remonstrances of Mr. Cumming, Mr. Acherley should
Z,.ei_thought proper, as well as the other Commissioners,
thc," in signing the Certificate. Now it appears that
At.letter having been received on the 15th of January,
u'r_l3rowne was examined on the 29th, and then to be
Vile circumstances that appeared on that examination,
of ,1111' might very fairly justify Mr. Acherley in repenting
i'as haste with which he had signed the Certificate, and
tteMpting to call the circumstances to the notice of the
hays Seal. But then the question will be whether, he
det`
g presented this Petition, there has not been such a
sl4l,ement of the case as to make it unfit that the Great
tac should interfere to restrain the allowance of the Cer-
Lte• Now it does appear to me, from the statement
6:: is made on the affidavits, and the production of the
Zaaee sheet, and the advertisements out of the News-
Vets and the advertisements in the Newspaper, that there
44 in substance a disclosure made to the Commissioners
-t the property and effects of the Bankrupt, and although
„hete stems to have been circumstances of suspicions it does
crar to me that those circumstances of suspicion are
appeal
which show,—at least to my mind they
°Pear%
~.to show, that there was an intention on the part
beeq Bankrupt to escape from the discovery that had
trade to use the property for his own benefit ; or
tamer,' to use the language of Mr. Cumming, which he
or,,dapted in his affidavit, to make a moral embezzlement
such. an. property or his own money, if there was any
suchßut .l do not think I am at liberty to enter into any
circunustances, when I find that shortly after the
presenting of this Petition, which was on the 6th of Fe-
bruary, proceedings were adopted of a criminal nature, for
the purpose of bringing
the matter to an ultimate issue
'gast Mr. Browne; and it appears that in consequence
! some transactions that occurred in Bath on the '7th of
February, 1827, there was an examination before two
s
`agistrates, and the consequence was, that Mr. Allen and
' kother were bound over to prosecute, and they did pro-
' scuts .Browne for the very embezzlement complained of.
it aPpears from what Mr. Cumming states in his affi-
rit, that Mr. Serjeant Wilde, Mr. Carter, and Mr.
,:nitbs were the Counsel for the prosecution ; there was a
Caultation the day before the trial took place, and Mr.
'tiesnt Wilde and Mr. Carter stated they would not attend
ikmaduct the prosecution the following day, and therefore
, • Smith was to have it. It appears that when the cause
iasselinto Court Mr. Serjeant Bompas, who led far the de-
;ace, objected to certain charges being gone into, because
ere had been a written communication from Mr. Serjeant
tilde to him, stating that certain charges were not to be
ttoreeded with.. Now it appears to me that parties are
nd in a matter of this nature by what their counsel
Noose to adopt ; and in consequence of there being a doubt
',ether there had been that communication, there was a
t
letellte back to Mr. Serjeant Wilde, and he confirmed the
44,_tttnent of Mr. Serjeant Bompas. Therefore I must
Zit all the charges in the indictment were voluntarily
Cdmed except four, and on the trial of those four
telleles.: it appears from what Mr. Cumming states that
—"Lite Was of opinion, " as the charges which had been
°Petted by the said Mr. Smith had been disclosed by the
mod, by
before his last examination, under his belief
" was saved thereby, the Judge directed the Jury to
liecclait the defendant of the said indictment, and he was
should .accordingly." It does appear to me that I
1,-u, be breaking in on the principle adopted by the
17.0 f this country, that a person shall not be pro-
Ltuted twice for the same offence, if, after the parties
1""a Preferred this indictment, containing so many charges,
tiad they choose only to proceed on four charges, and he is
„quitted of them, I were to say there is certainly so much
NAsuspicion about the case that there ought to be further
41 airy My opinion is, that there ought not, under such
t,
't6unistances, to be further enquiry, and that the Certifi-
'ate ought not to be stayed. Then the only question is as
the costs.
Mr• Rose--Probably your Honour will think the Estate
faigu
t to pay the costs.
The Vice-Chancellor--I have no objection to that, In-
tl'' e it does not appear to me that there is any blame to
the costs
to Mr. Acherley. I shall snake no order, let
7 costs come out of the estate. You have no objection
.ILat, Mr. Rose.
. Rose—l ought to object, Sir.
The Vice.Chancellor—My opinion is, that if a party
,70nes to place himself in a situation of suspicion, he
'Ilot• pay the consequences of that act, _but I think it is not
unfair thing that the coats of all parties should come
alt of the estate. I think Mr. Acherley has acted quite
P‘t Perly.
•alt• Rose--The Certificate will be allowed, and the
to
ats of all parties come out of the estate.

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ine Dr. JAM'S Analeptic Pills are
R prepared
7 Messrs. NEWBERY, FROM THE ONLYRECIPE
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Sold by Messrs. Newbery, at the original Warehouse for
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