The Sun.
London, England, 1827-12-18 00:00:00

LAW INTELLIGENCE---(THIS DAY.)

COURT OF CHANCERY.
CAMPBELL V. HARDING.--A WARD..
Mt. SUODEN moved that his Lordship would hear
a petitionin Pa in this cause respecting the
marriage of a
ward, as it was the wish of the friends
that the statements should not be made in public.
His LORDSHIP appointed .to hear it in his room
on Monday next, at one o'clock.
COOK V. COLLIWRIDGE.
this Mt. HORNE stated that there was a petition in
ease standing in the general paper, which, if
"ot otherwise ordered, would go before the Vice-
Cha ileellor; but as the merits of the case had been
'often before this branch of the Court, he had to ask
for Permission to have it brought here.
r. SUGDEN, on the other side, did not object to
this, and
Ma LORDSHIP desired it to 'some before him.
Mls Tut MATTER OF BRUCE AND OTHERS. _
Beteh~ in
4
ticE again stationed himself opposite the
Hall doo
the secant row of Counsel, as soon as the
g
were opened; and as early as he could
set eugi rt
og in a word, after his Lordship took his
he entreated that his Lordship would be pleased
luvzidinaoprepotiontpearnmit hit to pray that the Court
petition.
His LORDSIIII.-:ly day for the hearing of his
tition ? o you mean the bankrupt pc-
Mr. lißucE said he did ; and if his Lordship would
but do this I
h; is' -le (Mr. B.) was convinced it would en-
able him to procure the means Out of his own pro-
ea of instructing counsel, paying fees, &c.
__ LoRDs nip
endeavoured to stop the appli-
cant several times, and when after considerable
seaxieuirtion he
was able to make himself audible, he
out u'
You wish only to speak on your side, with
Itinag all other person, you may go on."
His LRIICE--Permit me to go on, my Lord.
shonid,-,°ausftli.—lt is quite unnecessary you
neca
Mr. 13 use I will appoint a day.
His L4cE.--It will enable me to procure fees.
me tO °RbSRIP.---YOU need nit go on; you ask
fol., La somthing; I say I will do it; and there-
iVjr. sboald you make so much noise ?
HiskinucE, emphatically.—Merely to explain-
nloltLonbsult), authoritatively—Be quiet, 8"
ftee
farhort pause.)—l shall appoint Saturday
king the bearing of your petition.
,?
H!..; TBRIIcE---The first for Saturday morning
"Jr oaturday morning at ten o'clock
;NI,. 13, RucE made his bow and left the Court.
,e "aye received a letter from Mr. BRUCE respecting
which whiagielatanee in Court yesterday, but as the
mistakes
not to
the e alludes arc referrable to other Papers and not 110
niatteraflir
remon whose report was substantially correct,
troubling our e
rasereadr with a long lewtteer upon
14 y have no rest.]
The' GRANT r. GRANT. •
rcgno,
imotion to discharge the writ Ice Ca.tr el
east
Grant, oS'l'ed against the ,defendant, Illr.
Was rem!' the application of Sir Alexanderh. Grant,
Therecl, and gone into at great length.
one 0,0-°,14 Chancellor left the Court at
.about
o'clock' to attend his Majesty at Windsoi.

d obtained an ial
Mr. VICE CHANCELLOR'S COURT. .
.tinc_
dolt to TEWART moved for an
reeei restrain a person,
~onlviag the rents and profits of namfecderPtaiienk
estates,fer d
f from
Zstatootherwise interfering w
• r• The affidavits I'lleatio
supportthe property
o f
the
o af pa.
(ike3t n stated that inrd
Piekf°
individual, who had,
had been appointed
horthwelleve:rtar with another
Upon this the de-
d . ' refused to
. 1 oto 1111. t took the entire ametfinagement of the affairs
(111411: 'Ara hands. He shortly
and committed
was re-
committed to the
IC34;na state of insolvency,
‘hietktheisinta:noneds
'Wier:- bench prison, where ,iheaenstill continued, and
'lan 't was sworn that
tl o reside
with istrgo,ter, a very young.gil,
llueed her to improper society.
ii,ti4..e li.ICE CHANCELLOR thought these facts fully
I tion.
/4 'loth the application.
'of the morning an application of
i4tt her a novel description was made to the Court.
t2-*lt stated that the Master had ordered a.mort-
h: , Or some to attend at the-
of" • person on-his behalf
Chapel on a certain day, " between the hours
Illow and two," for the purpose of paying to the
A,"tgagee the amount of his mortgage and costs.
, verson A
ri I,s_, mild tICCOr .
and being
dingly attend shortly after one
illf,Z on the day in question,
i4p s'led that no, one was in attendance farowmay.the
Tit°Blta party to receive the money, went
in sheetol3rtgagee, as lie had pot.b.ee. paid purs-
uto for the order of the Court, insisted on his right
thatt,r, °se. It was contended on his part to-day,
rdt,-„e Illortgagor was bound by the terms of the
ti " `u remain at th.: Rolls' Chapel from one until
plviti°2felock; and that therefore it was not a com-
e tbe7 With the order merely to call there and make‘
Ti1;,(14,..iry which had been deposed to.
4"1/1 ,vIcE-CHANcELLOR, upon referring to the
ilierke°' the order, thought it perfectly irregular.
oilt, In fact, no
n - I'M ' such time as " between the
o
bn,hti °t. one and two " for where one ended twd
IlliNts The eas„ odd have been different, had
f:r°leetoe'tetk!,lid ‘-‘. between the hours of oneldanbd
2 The better way, however,. w.oeuetiones
and 4414411 es to waive these technical obi 1,, . bR, 0,
w ~• Allis
,:me matter amicably.
..a. ail° -estion was acceded to, and the matter
, le' to stand over.
It will 1. HARRIS V. KEMBLE.
this p
~ be recollected 'that the of '4"4e t h
certificate of the master, ap-
Pointi„ ~, 0 ave the cer i , lication made in
tees tog .kowlaild Stevenson,
Will. vent Garden Theatre, in the room of
Esq. one. of the trus-
not, ittrris
the
taken off the fileon
i his
Ton'okt,r,q irregcjuill: 'Et s€l.s'tood ever in order that
of
en.
. i
wg.it Iy,
:flaring int 'I , Have
this morning
Intimated ° toe practice. .
the opportunity
He
MILL be
to
Rranted end 4,. the alication ought
off the
file ; hut ak ,T° certificateaccordingly taken
pa,. that the
4410110.11 in itrel'e appeared to be some uncertainty
i
Ilot tank- -- -4a3tett as to the regular practice, did
lleled to
thel, costs Plaintiff ought to be compelled
we I, _, '
qf the b nuerstand that the application arising out
0t to rkruPtey of Messrs. Hurt and Robinson,l
Tern). -e
Inade until the seal day before Hilary

COURT FO KING's, BENCH.
THE EH.46 V. iIIEItHILLES.
11lit was an indictment -foe a conspiracy) on be-__
ril) °f the underwriters of Lloyd's, for a of
c°_ue
nee with the insurance of a vessel called the
apps Which, was abandoned,at sea and totally lost.
General,-I)l3ed froM . the statement of the Attorney-
Portuguese that policy of insurance was affected by
merchant, named Via"'
don Insurance Compny, on with the I,,on-
for a
k oyage from Oporto to Rio Janeiro. The ship was
valued in the policy at 2,000/ , and the goods the ship Diana,
and
freight at 5,97,5/. The ship. was wrecked on the.
voyage, and the underwriters refused to pay the
Policy on the ground that the ship and cargo were
Insured for an amount greatly exceeding their value.
In process having issued from the - Court of Ex-
hequer against the undervvriters a full investigation
of the transaction took place.' Vi a put in an
,a,flidsvr.it, in which aa -
he states that he had purchased
Lue snip Diana for 7 9 0 milreas, or about 2,0001.
En...„_,
n...„_, , , 0
insured on
vim moneY, and that he had purchased the goods
board the Diana, which consisted of boxes
?f silks arid soft goods, at different fairs in the neigh named by
°ourhood of Oporto, and from different persons
in, the
him. Upon this answer being put
Court of Exchequer, on the motion of the under--_
~,ittnete, granted an order for the examination ?f
fathers books, which were in the custody of his
—4law, in Portugal. Viana expected that
the exkkination of his books would be deferred
until bis No p
b rn to ortugal, be being in England
When t -e (,our of Exchequer granted the order;
but by the
limierwriters,
icnrity of Mr. Young, an agent of the
y Portugal, the person in whose care
Viana:s b:°°'''' were was induced to give them up for
examination. t/
-1411 this examination the under-
writers discover ot' as they had anticipated, that

. . .
Viana's books Were wholly inconsistent with the-
particulars of the answer:given in by him to .the bill
filed in the Court of Exchequer. A motion was
therefore made for the production of the books,
which was granted, and upon their production. in
the Court, it was found that they were fabricated
-to sustain Viana's answer, and that new entries
were made, and new pages inserted and bound up,
and even in one instance a new book substituted for
an old one, in order to aid the deception. The
fabrication of the books could be proved by' Mr.
Yoling, who examined them in their original state at
Oporto; and his evidence was borne out by a num-
ber of letters addressed by Viana,whilst in England,
to his agents in Portugal, directing them to find
a bookbinder,! and to make certain changes in the
books, and entries contained in them, in order to
sustain his affidavit. Theseletters, by some means
which were not explained, had fallen into the 'un-
derwriters' hands, and -also the original contract for
the purchase of the vessel, from which it appeared
that Viana had only given 2,500 milreas for the ship
Diana, instead of 7;900 milreas, as stated in his an-
swer. The underwriters also discovered that Viana
was never in. possession of the goods which he al-
leged he had shipped on board the Diana. The
defendant Mereilles was in England when Viana put
in his answer, and made a deposition in support of
the answer, in which he deposed generally that he,
had seen certain boxes in Viana's house in Oporto
and subsequently saw those boxes shipped on board
the Diana. After making this deppsition, Mer-
eilles went to Portugal, and_ there was reason
to suspect that he was present and assisting in the
manufacture of the fabricated books, as the false en-
tries were in his handwriting, and he was seen with.
a bookbinder, who was employed to -insert new
leaves and rebind the books according to the sugges-
tion of Viana. If these circumstances were satis-
factorily proved, there can be no doubt that the de-
fendant had conspired with others to defraud the
underwriters; and if such frauds' ware passed over
with' impunity, there *could be no security for this
species of British enterprise. The underwriters,
therefore, felt it to be their duty to bring the de-
fendant to trial, in order, if his guilt was satisfactorily
proved, that his punishment might operate as an ex-
ample to others In his own country, as well as in
other countries where insurances were effected on the
security of British capital.
The policy of insurance, with the signatures of
the under Writers was given in evidence.
The letters of Viana, to his agents in Portugal,
were also read, and occupied the Court for several
hours.
The case is not likely to close until a late hour in
the evening.

COURT OF COMMON PLEAS.

GoDFRET U. HARMAN AND ANOTHER.

This was an action. brought by the plaintiff, as
residuary legatee under the will of a.Mr. Patrick, to
the amount of 3,3101. against the defendants, who
are the executors under the will, for the recovery of
interest; at the rate of five per cent: on the above
sum for the time' it remained in their hands after
the expiration of twelve months from the death of
Mr. Patrick.

It appeared from the evidence that the defendants
settled their accounts, as executors, at the close of
the first year, and the. money was then suffered to
remain at interest in their hands. Subsequently the
plaintiff was arrested,and applied for the money, but
the defendants refused to pay it, on the ground that
if the plaintiff remained in prison he might be made
a bankrupt. The defendant subsequently offered to
pay the money, if the plaintiff would take three in-
stead of five per cent. interest.
In the course of the plaintiff's case Mr. Sergeant
TEDDY said that the money was in Court; it had
been paid in, but the fact was that a commission ,of
bankruptcy was taken out against the plaintiff.
Mr. Serjeant WILDE—And superseded.
Mr. Justice BURROUGH—Have you any defence
to offer? •

Mr.-Serjeant TADDY said the money was paid into
Court, and might be taken out if the plaintiff would
consent to withdraw a juror.
Mr. Serjeant WILDE would consent to no such
thing; why should the plaintiff be saddled With the
costs.

Mr, Serjeant TADDY—WeII then we must de-
fend eureelves.

The Learned Serjeant then. took some legal ob-
jections to the maintainance of such an action which
Mr. Justice Burrough said he would reserve.

Mr. Sergeant TAnDY then contended that no per-
son could realize five per cent. interest on his capi-
tal, and therefore the Jury would do ample justice
by giving to the plaintiff three per cent., which had
already been paid into Court. The defendants had
consulted Mr. Bell, and his opinion was, that while
a commission of bankruptcy was in existence, they
might be compelled to pay the money over again if
they paid it to the plaintiff. The commission was
issued in. 1821, and was not superseded until last
August, therefore, uutil then they would not pay
the money without a serious risk.

The opinion of Mr. Btll was then put in against
the wishes of Mr. Sergeant TARDY, but as one of
his witnesses had been examined relative to the opi-
nion of that Learned Gentleman, Mr. Justice BUR.
ROUGH held that it must be produced. The opi-
nion when read excited some amusement, because it
expressly stated that five per cent. ought to be paid.
The Jury returned a verdict for the plaintiff—
Damages 3,3101. I6s. 9d., with interest at the rate
of five per cent.

LIBEL.
GUTHRIE V. WARELIE.
This was an action for libel against the 'Lancet.
It excited a great deal of interest, and the Court
was crowded at an early hour._ Mr. BROUGHAM WWI
retained in the case, but at the rising of the Court
it was withdrawn. •

till he hereedcoittodids.obtHaine
INSOLVENT DEBTORS' COURT.
- fsoeunrtt hbsa cokf the nsej°c4onWntatsoofmthwraees
had been discharged within the period of five year
and after his discharge
accepted an accomrnos:
dation bill, which was dishonoured.
The COURT said that it was intolerable for insol-
vents, whose property was always liable, again to
lay themselves under obligations for the purpose of
assisting others.
The case of George Walpole, of Blackheath, was
arranged, by his sister, Anna Maria 'Kay, reducing
her claim from 6.59/. to 159/., and consenting to take
a dividend of 4001., which has been paid into Court
for the benefit of all the creditors.

A window tax collector, a man ,of convivial
pressing a friend of his, after dinner, to fill his
glass;
14:1I was
hare filled," said the other; " Ay," replied the
habits,tax m 1
" not full." " Well," said his friend, " you are
too strict in your office ; cannot even a skylight escape
you ?" .

A RADICAL CURE.—The following item
was delivered in a farrier's bill to a gentleman in the neigh-
bourhood of Bristol a few days sines "To curing your
honour's mare till she dial-124. 6d."
THE LATE WRECK OF THE BRIG AURORA.
—The body of another of the unfortunate sufferers in the
wreck of the brig Aurora, (being the fourth that has been
found), was picked up on Monday near Ballymacaw. It
was very much mutilated, but from its size was recognized
to be that of a young boy, named M'Manos, who joined
the vessel shoat three months ago in London, where his
parents reside. It was -deposited at Rathcohelan Church-
yard. Four more of the bodies of the Aurora's crew are
still missing.— Waterford Chronicle.
LATE ELOPEMENT FROM DUBLIN.—The
parties in this affair, as we stated a few days since, were
MICHAEL SHEA, a boat-owner, and Mrs. DARDIS, wife of
another boat-owner, both of Dublin. The gay Lothario
was arrested in this city, on Sunday evening. This fact
we designedly abstained from noticing, on Tuesday, not
wishing to throw any obstacle in the way of the appre-
hension of the lady; this persecution has been attended
with the desired result, for Mrs. Daaois was taken into
custody on Tuesday morning, in the suburbs, enamorati
are thus prevented proceeding to the Continent, as, we un-
derstand, was their intention..—.Waterford Chronicle.

"'PRICES, &c. OF SHARES
IN BANKS, CANALS, RAILWAYS, ROADS, &c.

AT HAI,I-PAST ONE THIS DAY.

(FOR THE SUN.)'