Star.
London, England, 1819-03-26 00:00:00

BENNETT AND OTHERS V. MERRYMAN.

Mr. HART, in this case, prayed his Lordship to
order the sum of L'7oo, admitted by the defendant to
be in his hands, to be paid into Court. The sum in
question he said arose out of the profits made in
trade, which the Bill alleged was carried on by the
defendant for the benefit of the testator's estate. The
testator, by his will, had, amongst other things, di-
rected that the trade, which was of very considerable
value, should be carried on by the executors during
the minority of his son, John >lay, and that they
should lay out the sum of £5,000 in the prosecution
of it. Subsequently Mr. May became a bankrupt,
and the defendant was directed by the executors to
purchase the stock and effects for the purpose of car-
rying on the business, which he accordingly did for
the sum of £9,000. Some time after an application
was made to the Court, by the plaintiffs, praying for
the appointment of a receiver,
.and that the defen-
dant might be restrained from interfering in the bu-
siness, which had accordingly been ordered as prayed
for. To the bill filed by the plaintiffs, the defendant
had put in an answer, admitting that he heisci• re-
ceived the sum in question, but, as there were. out-
standing. debts and unsettled accounts, he'sutist4tted
that he ought not to be-called•mt to; tray** ism 'lit
question till they were disposed of. This the"Leunea
Connie', described as. a mere sibterfogn, made fqr the
sole purpose of delay, and hethomfore trusted jris
Lordship would grant the prayer of-else petition: -. ,
Mr. AGAR argued at 'some length fbr file `dcriet►=
dant, who, he contended,. had not purchased the pro-
perty for the benefit of the family, but to secure
himself; if possible, from the- executors having suf-
fered John May to expend .C 20,000 instead of 1.:5,000,
as directed by the testator, in the prosecution of .the
trade in question. The Court had also, it should be
recollected, left Mr. Merryman at liberty to propose
himself as the receives if lie thought fit. The wife
of the defendant was also a legatee, as well as her
children, for in the event of the annuitant, the mo-
ther of Mrs. Beanet, dying before his wife, the latter
would be entitled to a certain part of the property,
and her children, should they survive those of the
testator, would also be entitled to their allotted por-
tions. An arrangement had been come to between
the parties, and Mr; and Mrs: Bennet were the per-
sons responsible in a great measure to the defendant,
and to prevent the latter proceeding against the former
the present bill had been filed. •
The. Loan Cnancisa.ost, after hearing the further
arguments of the Gentlemen concerned, directed an
affidavit to be made by the defendant of the amount
of the claims against the estate, by Saturday next,
on which his Lordship's judgment, without further
argument, would be pronounced.

HIGH COURT OF ADMIRALTY, MARCH 45.
IN THE RHIP ASIA.

Sir WILLIAM Soarr proceeded to give judgment
in this case to-day ; the facts of which, as far as he
was enabled to judge, from the very contradictory
affidavits which had been exhibited, were in general
these:—That the Asia private East India ship, laden
principally with cotton, on her homeward voyage
from- Bombay, was overtaken in the Downs by the
memorable stormofthe 4th. of last March, and which
laseed.-through several succeeding days; that she
broke from leer anchor, and her windlass was so da-
-triaged as-to become useless; that in passing Rams-
gam liflits were hoisted; the one party says, in order
tosalleattunssismanses and guns fired for the same pur-
posoi; tont..ftereinssing Uamsgate, it was determin-
04.capconsultingiwith .tha Mot; and for the purpose
:rfaireingahttlistosiif kkr numerous crew, amounting
in.44-slieladingt .tbe Officers,' to' 28 Men, besides
nothiCiakicanwitottie Oil cers-Whowere on beard, to
issieclihrhalninklis beingttheawome time after high
- . wltices vat:falking‘fast;.theAvind sitting in fresh
' itvalsorit This wartkanswidaout arty material injury
to• the vesselrescept nushippingler. rudder. Now a
11:61124trincoittention batmen :the parties was, whe-
sherUghts.Wereso hung 'our, I and guns fired, beforeiite,Was ashore or afteri ••,Bste °k. wa.i- admitted that
Vitas Ared. ...Theiresumptiowsansrfsi Bldtight,;
. , Cin :Utile was .suppoitted 'by the opitulin of lthe
lutudial Gentlemen Upwlas'n he had .bien -nksted,.
'ttiniliklYts were hung. oak 'before.. In' thaizc •
"or the -lip, it must havo beets: impOislbletfal
vidteediwitlitAlt• making sigtalsibri assiintifetr-frill
thd• shape, nfid.:theridlnoshe liatitdßiihtirblviebt
brVl
lights hung oat. It was asserledtlifter Arg.hilil
Oil WOO, &a II; firm, atm, 4elii;42in- tlith'ilise, it
would t;e difficult to acctituu why guur, were fired at