The Sun.
London, England, 1829-07-06 00:00:00

PRIVY COUNCIL.-(PHI DAY.)

The Lords of the Priiy Council met this moor
ing ; those present were Earl Bathnrst, Lord Wry
ford, Sir Christopher Robinson, and the Ha
nourable Hugh Elliot. Counsel were heso
in the following appeals. Hicks .v. Rothers
remitted from Demeraila; ex-parte. Fraser v. Fray'
land, from ditto ; Mellish v. Topper, from Guerra'
say; Lord v. Murrel, from Barbadois; and' Mlle
v. Carr, from Jersey.
Their Lordships adjourned at two o'clock.

LAW INTELLIGENCE.--(THIS DAY.)

COURT OF CHANCERY.
JUDGMENT-POINT OF PRACTICE.
JACKSON V. ROWE.

The LORD CHANCELLOR, in disposing of this
case to-day, said that the question in the case s
Jackson against Rowe, was upon a plea of a poi'
ci ase for a valuable consideration without note
The cause came on before his Honour the Vice
Chancellor, and he was of opinion that the pld
was insufficient. It afterwards came upon appe'
before the Court, and I was of opinion ale°
upon a particular objection that was made to tbi
plea, that it was insufficient. The case did Il
state that the party pretended at the time of to
execution of the settlement that she was seized i°
fee, and I thought upon principle, and upon till
authorities, that on that particular ground the pi°
was insufficient. An application was made Pf
leave to amend, by Mr. Walker by whom tl,,
plea was drawn, and he stated that it Or
an accidental omission of his own. I 0
said, if the other party require an affidat
of the circumstance under which the 51!
had taken place they were entitled to have such
affidavit. An affidavit was accordingly prepargd
pointed to that particular circumstance. Upon tb!
I directed the amendment to be made, and an ord°
for the amendment was drawn up conforMably
that direction. The ground on _which I proceed"
was the practice of this Court, as stated in the
of Wood v. Strickland. In that case it is laid dor
where a slip or mistake takes place upon a point A
importance, the party shall be 'allowed- to amend
upon an affidavit being made of the circumstance
attending the slip or mistake, and the Court bed
l
informed of what the exact nature of the amer
meat is to be. I therefore thought I was vd
ranted by what was stated in that ease if
permitting the amendment to. be made, t,
cause the nature of the amendment was 01
closed, it was distinctly mentioned by the Learo".
Gentleman, to whom I have referred, how the 01i;
happened, and the whole was afterwards put into;
affidavit by the attorney in the cause. Asa
sequent application was made for leave to make
further amendment; but that application was
grounded on any particular slip, nor was any affidoi
made of any particular circumstance attending,'
Under these circumstances I think I should not v.
justified, according to the practice of the Court,
granting permission to make any further amendmel
Mr. ROSE hoped his Lordship would dismiss
application with costs.
The SOLICITOR-GENERAL considered the quesilL
a very fair one for the opinion of the Court to ba,'
been taken upon, and consequently, he trusted,"
costs would not be given.
The LORD CHANCELLOR did not think it WO
proper question to have been raised, destitute 10
was of ground to support it, therefore, he felt boll'
to dismiss the application with costs.
The Court proceeded on the Appeal Paper. •

VICE-CHANCELLOR'S COURT.
The VICE-CHANCELLOR was engaged till
past eleven o'clock in his private room, heady(
case relating to a ward. On his Honour taking
seat in Court, the part-heard cause of Del PosL
De Tastet was called on, and not concluded %Tv
our reporter left.

COURT OF EXCHEQUER.
Baron VAUGHAN took his seat a short time bet°
the other Judges, to hear motions of course, 111/
a gentleman behind the bar applied for a rule
shew cause why service of an action of ejeetao
on the wife of the defendant should not be dee°
a good service.
Baron VAUGHAN—Does your affidavit state
particular circumstance, such as the defendant gil;
orders to be denied, or in any-other manner avoid
process, because, if not, you are asking for NO/
clearly illegal.
CourisEL—l obtained a similar rule two or 0

terms since.
B, V.