The Sun.
London, England, 1816-08-15 00:00:00

';7:)n.:,lgne.(l to the taPe,.6l Good Hope;, antithat
,Ise had also received 3'2/.
.104. 94, upon, ,-tiebenta' ei
COURT OF CHANCERY, AVG. 14. for drawbacks on paper, sitipped, which last sum
• •. I_
- 'CURLING V. Tull MAUOVIS TOWNILIENH. , 'he had no.t. recottioted for. To prove
,these allc-
Ilis•Lordship said,, that agreeably to his pro. g bur ioth?os., b e,i,rroieJtropks mitt 86mo-tots-Were pro-
mise yesterday he would tio`W proceed to give judg. duced 'i. and at\ aceolintatit;of the name.of :-Hatte
slated, that he , had. looked through
.all the ac-
mega in this importaut case. - After going over
the different affidavits at some length_he observ- counts of the prisoner., nod he could
could find' no ac-
ed, that the motion of the Noble defendant .was, Count of the shipmentt Of the pap
T. Lewellin,. an officer of excise,,provetl that he
to be; allowed by the (tune, to remove O•ont the.
.file.a certain ttuswer he had Put in, which, its he . had weighed oil the *tittanti)y of riper charged for
aucod, had beet, extol ted trout bun by the this-exportation, and the paper , was regularly traced
representations of the plaintiff ;• or ill other words, as being exported, and the P'ris'ohet. received a de-
.bentitte for the retorts of
‘‘43 of . the duties los-a draw.
xto be allowed to put in supplementary aoswer
to amend chestiest he had put in. .111 every mu.
officer of excise. on the roth• 'of December; 1814,
lion of this nature it was well ktrown that the
yrith. three other debentures ',for drawbacks, and
Court required, out of doe regard to the administra.- .
tion ofjustice, that the precise; rounds such supple'. they appeared to have been paid,, ,by their ' books,,
to a person of the name of Cooke, brit he did not
-tnentary answers were intended' to bring before the
te - collect the person to whoM he paid them.. ..
Court should he stated when the motion was made.
. With respect to this parr of the transaetion,
C
The ontqacting with 3 very proper jealousy, had
alwayi retuseo the applientions of any party to ' Lord Fit,i,imnououott held, that it diet come.-
within the meaning of the Statute which mid 'it
withdraw the original answers they had filed, nu-
less justice obviously demanded the N;V it hdritwing an offence "to conceal or secrete, &c. any goods;'•
that implied that the goods were in the • posses-
of such answers ; and he believed, were he. now
itt follow the strict letter of the Et ,c , and the in-, shoo of the party, and the act to be done was an
memorial Wage, of OW (:,„„,, t, he „mild reja.,e the act of concealmeut, Now, in this case he had
. exported the goods" before his bankruptcy, and the
prayer of the defendant -solely on the groitiol of the
act .he had done was a coucealMeilt Of the history.
fact* 'he wished to state in los supplemetpary
answyr not being now specified to the Court. The Of the transaction, and not of Elie goods them-
questiou now simply was this,. " Can the Court . seivesi
Mr. COMNION SERJEANT, on this intimation of .
io a doe regard
.not merely to the gent ral princi.) I '
.11is LOrdship's -opinion, statetllltatite worth{ tbets
ides 'of justice, but acting,. as „„ii, ie,„,,taliy botimi
address himself to the other part of ,the care, re-
f.; do 10, math, believe that Litt:noble defendant has
.1.,,,,,
out a ease colic:kilt to Justify his hei„g. al. , specting the,receipt of the policy mousier the de•
1, Jos
lowed
.to put in a supplemetitary inistveri- Ile . bent"res• .. . .
. .
„ , ..,
(.461.(1 C..) decidedly'lliOngtit no such 'case was '•,' The Assistant-Auditor or the PArISC was.callett,..
Made our, andineretore the Court coati! not I.",rant who produced fonr•debentires, debentureS, dare& the 6th of
What wa-s asked. lie hail heardOloch of eldlosioui r .Ain'il,l7th erf. 'September, 13th and 'lsth 'of l'e.
but.heiaw not, the smallest shadow of siocii a col—i binary, and -Ith of March, 181.1', NOlich entitled
lusion, for he verily believed Mills had acten fairly, , the holder to teeek e 32/. 10s. 9d. drawback for
honestly, and uprightly to the noble deltoolant~and
that no doubt whatevt.r could exist of the proputely l''.,xeise proved that these clehentores were deliver..;
of Ills whole conduct. ,No matt had a higher re- ed on the 2fitli of November; ~1814, to a person
' spect than lihnselt for the cLormeter and t,tlents.'of ' . who signed his. name 11..Uooke, and this signa-
Mr, BirreclA (SOliciwr for the Marquis), as he had , trove wasiiroved to he the, pristmers, hand. writ,
Jong k nowo hint professioitaliy in tat! COurt ;. hut he iog,
,so that it was solfieietitly clear theTrisoner
(Lord C.) would never allow it to he laid dotvn as .a was ON pers,ot who: r.ecelvCd the, debentures, front
rule that's hen a -prolesSional Gent teunami, either by the office.,
. . . . . .. ,
a slip or Ity negligence,' however justifiable .the 1 ' .1. Mullis, from the Receiver's Office in the. Ex,
Cause of that negligence: miqht he, .00kled his ! rise, proved to:it he paid these debentures on the
1 elient; that therefore the recurils of:the Court were .; 13th. of December, 1614.
,
to be subject to alteration. -He. also declared bis T
. 0 'rime that these were not otecoanteo for} the
'conviction that it war out 'of his power (awl lie pri,iimer.r., accounts ~,,-, again produced, mitt the
'would say even if .it 'were in his power he "1"111 accountant examined, when it tainted out that he.
not. have the presumption to do so) to allow att. hail rendered an account of • 32/. 10s. 9d. as re-
swers wheu.they load ,been to o.years .on the .file ceived sty him on debenture's, butt it was under the
to be Temoved. " 1 wish,". said his Lordsaip, dote of the 22d-Oetaber, 1814, being a day ante-
" to give every indulgeoce,to parties.; hoot
~ there, rior to the time when he actitally,.reeeived them..
is.mtaiply, inevitable. danger to the purity of the
.31 he
prisoner
also insisted that there was sit oil-
ikdruinistrution of justice, ,and batiettil effects miky j ginal cony of the ShiPinetit of the paper above al-
certainly be expected to issue, from too muck ill- hided to, but in referene.e to the hook the ne-
droloince." ilaving„,no doubt. whatever t eipect- counts H neat el .0 indistinctly
' 'stucco!, that 'it
n
cOuld not ne well aseertuined•Whither it was or
jug the firstsaniwer, answer, lie decided it should l'ollain, ,
as he could not believe it was possible, too the imi.. lode I - ~,,,.. , .
et the, greatest runicuottes arose from
very, lidnure of things, to snl'll"se 't!'e Marilni' SO the confusion of vcry. 'large accounts, as the trans-
ignitrmit of the vent nature of [acts is loot HOW, fictions . included' io the burikrupley exceeded
pretended. lie:would io-ntorrow (this day) give 130,00 W.
. ,
judgmleot on the second tootom, for the iippront-
~,,, ' •;.
1 he-prtsoner .being called upon for his _defence,
ment of a receiver ; • and would then also decide
addressed the,Joity at considerablelengthrin.which
resPecting costs. • , - . . , .
he disadmeil any. intentiim•ot fraud, and said
,the.
The Vice-ChancellOr's judgment in favour •of
,irregulio it y of the date in norkie,g tip, thisaecoont
Dr. Cut ling Was them e fore-affirmed'. • -
wits done cot irely at the suggestion of the Aeeemio.
IN THE MATTER 01, BRYANT, A•EANY.ItHri. not, %Ott. tuid 1,60 H. w:tE Ho 14i3Iittr MOO' what
The,l4oßD CHANCI:LLon, upon' liis coMilig, into that., it „'as‘„iitfred, ~, I hat it appeared in. fits
AC.
Court, delivered his jtolgineut as follows -.:'--• . eotoo. lie declared, I butt 'the whole Proseeution
I stoed.the other_ day that 1 should take home was founded lo theinaliguant conduct of his as.
and read attentively the affidavits in IIIC tHattcr ut ,; . hied •' • • i•, . .
gitee, whoHiStllitiet. I. agoonst the express
Bryant, The 'Petition is presented- by a person wish of his- creditors, .23 of .whom,
0101,0 f. 30,
who has hot proved a deht, noid- who, if HE mitt- i , - really •
were to speak to Ills character'.
which verdict
' ' ' ' him Not
,Gailly,
not supersede the conimission,••has no right to in.
'File Jury i'oono
terfere hit it ; the other petitioner is a person Of -
the name of '!'rickey', who is no coeditor : :tire eir- :°. was received "nn exPrebbitn" 'if satisfaetion by
CataStaiHNS stated in the, petition represents that the Hisdic.""'
this is a had Coul,i„ii„,,, coot time ~o mind of %wile ~ ch(orles binnel was iodieted for maliciously set-
ease in the•Tetow livports. I take the fats to he Aingfire to a wood near ALtresfield,. called Vet-
elear, .that if. to man receives money .tvith.lnutice i ehery Wood, the property of Lord' Whitworth
,of a _COHIIIIIsSioO of baukruptey, or after lie has acid the Duchess Of ' Dorset, tot the 23d of Alareh
himself takenoat.n ctlitimtstiion.. lie undertakes to `I h,ot. The Prisoner was himself the woodreee to
'
`repay,that money for the benefit of all the ere- Atte proprietors, and by the evidence of•a'mati
:dimes, and therefore if the case can be :made outm
of the nacre of ‘1 heeler, it uppe:trecl that; on the
as against, Mr. Stewartthit, he is ft/x(4111131)1e foe night of the Iliity of Mooch, as he was returning,
the value of these books, it still' not at ail aireet from Nutley inn, he discovered the VetchieV
the commission : ander these circumstances, with. . Wood to,',be on .fire rbe r conned hack 10 the Iron
out entering' RI .til 'lilt() ate quetltion, whither this i and got some people together ; lie sent a man
is Bryant's petition Or tont, it followi ' that this who called'. op the Proseentorr• several went to
petition ntost ba dismiosed with costs, which wilt the wood; and about 2.0.0 r 30 acres of the under-
be tujn; paid brthose who presented the petition, •wood was destroyed.
oingl'il the assignee cannot Work out the costs.from 'rite Witnesses, however, who were adduced to
'them, he wit! he entitiel6 thetwas,a matter of ,fix' the guilt upon the prisoner,w6etwo brothers
allowance in the management of the bankrupt's of the name of Alepham, Hod .they stated,- that
estate-.. 'they were omit smuggling' on the night of the 25th
Mr. HART—It will. prevent: Wore litigation if .of March, and for that, 'purpose :were concealed
your. Lordship directs . that Air. Stewart
.shall be 'iu the Vetchery Wood; at about seyen o'clock
entitled to his. costs as a matter of allowaace oat I they saw the prisoner,colHE 4110 the Woad au(l set
of the estate.: . . fire to it in three places. They, hoses,,'. never
)
- -
Loitn.CHANCULLOR.I-rA$ a matter of coitrse he gave any infpuitatioi) to ally oat to near iimoilth
011.01 haVe.ilietti out tot the estate. I ha v a carve- stet's, Whelr'll reward of 501. slat offered fur ap-
.
fully read the affidavits and there is, omitting in preheiang the offenders.
'the case.
. . ,
• • •
Ilis LordshiP's 'attention was during the .rest- °n Cr°""e*anidnaun" nis° of 01 cite witnesser3,
petitions, it as
jegviii;
)I(e)l4l,,tritilri:,t)tdt,hise,,iel4ritis3,;:skiire w:ou.ssbotoh!itiv:xioti::insctolo.
oCtiie day engaged iii hearing bankrupt
of tor public ioterest whatever.. '
proachments in the forest 'and.wood in question,
~'fetch, tit WoodteVE, lie was bound to, do.
The Jitryifounti him: NO Guilty; and,, indeed,
the NOble Proprietors were so sat oified of his Ito-
nocence, that they iiistmeted Counsel to defend
.11i19, and the prooseention Was ell-tied on, by a
neighbouring' fariner, with wh.tion he had had di;-
pules ohmic. the forest rights.. -
There ‘Were bat tWO uninteresting EatiSejob the
'Civil Side, and the Assiiei ended here-early. -

} •
LAW I NTET,T,TGENC

SUSSEX •ASSIgES.

LEW P.S, AVG. 13.—Henry Cuoket . aft eminent
paper merchant in this comity, was_ indicted for..
that he, being a.bankropt, .embezzled and con-
cealed his goods above the value of 204. with in-
lentio cheat itml defraud his creditors. , .
Common Serjeant (KNowt.its) sllitee the
cast on t 4 hart of the proseenthm, which, trout
the quantify of documentary evidence. necessarily
:occupied a considers hle dine; hatthe facts of, the
transaction lay in at small compass. •
The Commission and the proceedings under it
were prodnced, and it appeared *that the Prisoner
was duly`th a bankrupt in November, 1814.
His being a trader, viz..a paper-maker, the debt
due to the petitioning ,creditor, viz: the batik at
Pet worth, and !mita of bankruptcy, by!leaving
his house to avoid his creditors, wereali distinct—
.1y proved. T-he _ctincealutent,of Jt s ctii,:.eisoibich,
was the substance otottie offence,
,wee stateti to lie.
as follows Ist. That he had shipped a quantity
of paper on the 4th of Match, 1814,consisting of
ISi/lbs'. of Ist' Class, and 2,4841b5. of •Jd

1)1'. PRETtI'MAN, likliOp of. Lincoln, in his
chatge to-the Clergy at thd Triennial visitation at
lietlforti-, has denounced the'Bible'Societies as clani;erous' ;the Estabii.hed iteligion, and to the
orthodox principles of those4who'utten(l them.
Thursday and Vrillay last the Sitting Magistrate
in Edinburgh 'sentenced six men helopging to the
mid Stifling
Arlo had enlisted into . biLAluiesty'i saber-forces,
to. iniptisonnicitt iit ti,e.l;4Ql Of li"r'
suan_re r,f an Apt of ; and 'also loutut
tt brpket liable art. the statnAry penalty„(fpr baying
from a soldier lint t. tai tats clot bite b) upplictl ittthe
icritii of ILi e C "