The Sun.
London, England, 1829-11-06 00:00:00

WELLESLEY V. BEAU PORT.

Mr. HORNB moved on the part of Mr. Wellesley for a
month's time to answer. He already had had the usual
time, and submitted not only to piy the costs of the pre-
Tent motion, but also those of an attachment which had
been obtained.

The SOLICITOR-GENIRAT. contra consented to the ap-
plication on the terms proposed.
The Court proceeded to hear metions.

VICE-CHANCELLOR'S COURT.

Nothing occurred.

COURT OF KING'S BENCH.
Mr. PEMBTRTON, the Hun. Mr. LAW, Mr. KNIGHT,
i-nd Mr. TlNwar, were called within the bar, on being
tppointol of the number of his Majesty's Counsel.

THE ICING V. SQUIRES.

Mr. CA 31 rBELL applied to the Court for a Quo IVar-
1-cnto information, calling upon William squires to show
caese by what authority he exercised the authority of
Mayor of the borough of Taunton. Rule granted.

COURT OF COMMON PLEAS.
Mr. .ho.tice BUR ROUGHS took his seat, apparently re-
covereti in health.

COURT OF EXCHEQUER.
The vacancy occa.i• ned by the death of Mr. Baron
HuL Loci: is not yet filled up.

PREROGATIVE COURT.
DAY V. DAY A•ND NEVILLE.

The was a suit instituted for the purpose of propounding
the will of Francis Jennings, late a servant in the fimily
of - Neville, Esq., of Thorney-hall, Nottinghamshire.
It appeared that the deceased; after executing his will, de-
po‘ited it with his master for safe custody; and on the
latter tieing applied to, after the decease of the testator, to
give it up to the executors, he neglectril or refused so to
do. Ile was, in consequence, served with a monition, to
bring the paper into this Court ; in answer to this moni-
tion, he filed an affidavit, stating, that during his ab-
sence from home, the bureau, in which the will was de-
posited had been broken open, and the testimentat y paper
abstracted. This affidavit was not deemed satisfactory by
ti e Court, and a second admonition was served upon Mr.
ltirville; when, after a short time, he stated that he had
innde a most minute search, and at length found the will
in another drawer, and accordingly handed it over to the
Executors. lie therefore now prayed to be dismissed front
tl:c suit.

Dr•. AnAms opposed the prayer.
Dr. Pnrwstorte was heard on the other side, after
which

The Judge (Sir Jomr NICHOLL) went into a minute
teview of the circumstances. . It never could, in any in-
stiince, he satisfactory to the 6,urt for any person
to alley that a testamentary paper had been mislaid,
and could not be found, when after being served with
two monitions it was .found to be forthcoming. - Ile
did not mean to charge Mr.: Neville with any improper
motive ; his situation in !ife precluded the possibility of
ewe, taiuing such an idea, but there certainly bad been a
negligence through which considerable cost had been in-
curred. The Court did not think it of any consequence
about Mr. Neville being continued a party to the suit.
The only question of importance was, who was to pay the
cups eccasione by the now production of the paper,
which were very considerable. Ile (Sir J. Nichol') was
of opini n that they must be paid by Mr. Neville; it was
clearly his duty to have given up the paper to the testa-
tor's executors, or to have forwarded it to the Registry of
the Cout t ; and in default of having done so, if he wished
to be dism'ssed the suit, he must pay the full costs result-
ing from his negligence. The judgment of the Court was,
the Mr. Neville be dismissed on payment of full costs.
No other case of interest occurred up to the time our
Reporter left.