The Sun.
London, England, 1829-02-10 00:00:00

SHIPPING INTELLIGENCE-(THIS DA Y.)

FROM LLOYD'S.

DEAL, FEB. 9.—Wind N. W.—Arrived from London,
the Hythe, Shepherd, and Duke of York, Lock, for
India;, Raikes, Smith, for Jamaica; Arcadia, Tod, for
Oporto; Beaufort, for Jamaica; and Admiral Returning-
ton, for ditto. Arrived the Ark, Bing, from Malaga.
PLYMOUTIf, Ff.B. S.E --Arrived from
London, the Argo, Billing, for Calcutta ; Prince Regent,
Malland, and Parmelia, Leewarh, for New South Wales.
Arrived the Archimedes, Lowes, from Havannah. Sailed
his Majesty's ship Sylph, for New South Wales.
LYMINGTON, FEB. 9.—His Majesty's ship Nightingale,
from Plymouth to Portsmouth, struck on the Shingles on
the 7th inst. ; and in the night a heavy sea running, com-
pelled the officers and crew to abandon her. The wife of
the Commander, Lieut. Cole, R. N., was drowned. The
officers and crew were saved by the boats of the Stag Reve-
nue cutter.

MARGATE, FEB. 9.—Arrived the David, Hancock;
Juno, Chadleigh ; and Sarah, Hayman, from Leghorn.

LAW INTELLIGENCE.-(THIS DAY.

COURT OF CHANCERY.
JUDGMENT.-IN THE MATTER or CLEMENTS, A SUPPOSED

LUNATIC.

His LORDSUIP had read over the affidavits in this matter
with great attention, and the parties and everybody must
be sensible that the jurisdiction which the Keeper of the
Great Seal had to exercise in cases of this nature was of a
most delicate description; the Court was satisfied that the
impression which it entertained at the hearing was a correct
one ; that opinion had been strengthened by the reading of
the affidavits. Mr. Clements was clearly incompetent to
govern himself, and it was therefore necessary he should be
under the controul of some one. Many observations had
been made at the Bar on the conduct of the party by whom
the petition had been presented ; it was unnecessary fur the
Gnirt to say what opinion it entertained with respect to
that, because, if it was satisfied that this gentleman was not
in a condition to manage his affairs, whatever opinion it
might entertain in that respect, it would he necessary for
the Court to adopt some measures by which the property
might be safe. With respect to the personal comforts of Mr. C.
thole he now enjoyed under the care of his wife were quite
satisfactory to the Court, it was impossible for it to inter-
fere to render them more so. The only question was,
whether the Court, in its jurisdiction in lunacy, ought to
interfere for the security of the property. It appeared by,
the affidavit of a gentleman of the name of Gunter, that se-
veral powers of attorney, deeds, and other instruments had
been executed by Mr. Clements. Taking the whole of
the affidavits together, the Court must consider that it had
been done under the direction of others under that of Mrs. C.,
but there was nothing whatever to induce his Lordship to say
that that direction had been improperly exercised. The
question then would be, whether the person who was to
have the control of this gentleman's property was, or was
not, to be guided by this Court. On reference to the case
of Ridgway and Darwin, the facts of which were similar to
the present, his Lordship found Lord Eldon did not direct,
in the second instance, a commission, but took measures
for protecting the property; he made a special order upon the
principle of preceding decisions. Whether this course
should be pursued with respect to this gentleman the
Cmirt was not at this moment prepared to say, because
the affidavits did not explain sufficiently what the state of
the property was. The Court would be extremely un-
willing, if it could pursue safely another course, to grant
a commission, which would have the effect of exposing
before a jury the infirmities of this old gentleman, and
perhaps be the means of still further injuring the powers
of his mind : if therefore his Lordship could, upon further
information being presented to him as to the nature of the
property, make such an order as would secure it without
a commission, acting upon the principle of the case to
which he had alluded, his Lordship would feel much dis•
posed to adopt the course there laid down ; but if, on the
contrary, upon seeing what the nature of the property was,
and the former connection of this gentleman with the bank,
it should find it impossible so to do, however pain-
ful it might be to the feelings of the Court, it would
feel bound to direct a commission. His Lordship
wished Mr. Horne, in pursuance of what he threw out, to
apprise him more distinctly what the nature of the pro-
perty was; and, after the Court had received that infor-
mation, it would give its judgment whether a commission
should or should not go. The Court wished it to be un-
derstood that it considered all discussion as to the compe-
tency of this gentleman at an end.

Mr. HORNE concurred perfectly with what fell from the
Court, and promised to give his Lordship the fullest in-
formation possible.