Star. — London, England, 1824-11-24 00:00:00

LAW REPORT. -.61111•••-•- COURT OF CHANCERY, NOVEMBER 23. ATTORNEY-GE? ER %L V. FLETCHER. The Count was crowded as •us'iial at an early hour. The LORD CHANCELLOR entered the Court at half past eleven. After the SoLtereon-GENERAL'S reply, which we have not space to give— The LORD CHANcat.Lon proceeded to pronounce judgment. if this case had come to an ultimate hearing after the regular argumentation, the Court might then grant an older, which in its present stage it would be unfit to grant. Of all the cases which his Lordship had <Len in his long experience, he never met one circum sta, ced exactly as the present. His Lordship wished to ajmoni.h the pat ties in this case, that though he may refuse an injunction to-day, he ►nay not come to the same conclusion if it should conic before him on a de cree; and he therefore left it to their most serious con sideration whether, if transactions stated in the le gal documents to havetaken place between those par ties, should unfortunately be continued, they were not of a nature to call upon some of his Majesty's Courts to interfete in a most effectual manner ? Mr. Fletcher was certainly to be considered a party to the trust deed.— The Court had no authority in the case but that given by the pt °visions of that deed. Beithe a Court of Jus tice could catty into execution the suspension of the Synod, it should have before it positive knowledge, by evidence, that that suspension accorded strictly with the ules and constitution of the Synod of Scotland. And his Lordship wished to know, what evidence of such ac cordance he had before him? None. His Lordship concluded a long exposition of the several arguments, by stating that he felt it his duty to refuse the injunc tion; be would consider about the costs hereafter. COURT OF KING'S BENCH, NOV. 2.1. WEBSTER V• HUTH ER. Mr. HILL resumed the argument in this case, which had been deferred from last Friday. The question at issue respected the improvement in a gun-lock. The Learned Gentleman continued to argue at great length ; but the question being already before the public, ren ders it unnecessary to repeat the observations. The LORD Com JUSTICE said, that the Court were disposed to grant a new trial upon payment of costs by the defendant. It was a question whether the novelty or invention contended for was not the application of an old principle to a new machine or piece of mechanism? In the event of a new trial, the defendant would come better prepared to prove his title to the improvement specified. His Lordship then animadverted on the le vity which had been introduced into the discussion on this case, and trusted that it would be discontinued in future.—ltule made absolute. THE KING ON THE PROSECUTION OF MR. KENRICK D. THE MORNING CHRONICLE. Mr. ATTORNEY-GENERAL obtained an enlargement of this rule till next Term, on the ground that time was necessary to prepare affidavits in explanation and justification. The enlargement was granted, on the engagement that the defendant should take short notice of trial after next Term, if the rule were made absolute. THY ZING V. T. NEWMAN. The defendant was brought up for judgment under the follov.ing circumstances :—IIe is the proprietor of an inn at Barnet, and a rule of his establishment is, that anything that may be left at the Inn by any of the visitors, and found by the servants, should be brought to the bar of the ihn, And left there until inquired for by the proper owner. Lord Egremont left a gold headed cane after him one day that he stopped there. It was found by the waiter, who omitted to being it to the bar, but detained it in his pantry. Lard Egremont wrote the next day to inquire after it; on inquiry it was found to be in possession of the waiter : an altercation arose, in which the innkeeper committed an assault on the waiter. An indictment was preferred against the defendant ; he was found guilty, and was this day brought up for judgment.—Fined 401. COURT OF COMMON PLEAS, NOV. 23. This morning the Court was occupied in hearing motions of course, which involved nu point of pub lic interest. lIIGH COURT OF ADMIRALTY, NOVEMBER 23. THE APOLLO. IMPORTANT TO THE COMMERCIAL INTERESTS. It will be recollected that this case was argued on a l former Court-day, and the judgment reserved for this morning. Lord STOWELL proceeded to give judgment to the following effect :—This suit was commenced by Charles Bryan Tarbutt, in 1853, against William Tennant and George Nesbit, out nets of five-eighths of the ship Apollo, upon her voyage to the East Indies, which voyage he dissented to, calling upon them to give security for the sale return of the ship, or for the estimated value of his shale, being three eighths, which estimated value was 3.000 i. Various proceedings have taken place, but the estimated value has been brought in, after security taken, and proof that the ship had been lost off the Cape of Good I-lope, in 1823. The party Tarbutt prays that the money may be paid over to him, which has been resisted upon various grounds, stated in an Act of Court, and supported by various affidavi.s, which are opposed by contradictory statements and affidavit , . The Court has to inquire into two questions; one, respecting its jurisdiction and legal ability to retain such a cause; and the other, if it is satisfied of that jurisdiction and legal ability, whether the facts, when proved, lead to i l any conclusion which the Court can safely form? The Counsel, in arguing the case on the part of the persons who pray the Court to proceed in these inquiries, have proved it convenient to enter host into the question of facts, and then subsequently proceed into the question of jmisdiction. The Court &Inds it necessary to alter that arrangement, and to consider, first, the question of juris diction. The facts must undoubtedly first be stated sufficiently to raise that question of jilt isdiztion by shew ing their nature generally; hot the Court will not pro ceed to examine the facts in the way that would become necessary to produce any_legal conclusion upon them, unless it is first satisfied that it has that legal power to retain them for the purpose of establishing their legal effect ; if it is not so satisfied, it will dismiss an inquiry hich can lead to no active conclusion. Upon the question of jurisdiction, it is nut unimportaiit to observe, that the Court ha, repeatedly grne ti.e length of taking these stipulations in favour of a dissentient co-partner, and upon his applicatioa that a sec unity may be given for the safe return of the -vessel upon the voyage to which he dissents, or otherwise for the estimated value of his own share. This prieztice has in some earlier in stances been subject to some doubts; but it has entirely survived those s doubts, and it has beets formally recog nized by the Courts of Common Law, and forcibly re commended by the emphatical expressions alluded to, that ships w ere made to plough the ocean, and not to rot by the wall." There is no 3oubt therefore of the legality of the initiatory measure here taken of compel ling such security to be given. The Gourt, in this ope. ration, is not merely ministerial, for it compels the patty authoritatively to find the security ; it likewise, in the usual termination, compels the party to pay the sums stipulated in the bond given for the security.— Ile bail-bond contemplates no other object than the safe return of the vessel, or, in default thereof, of the payment of the stipulated sum. That is the whole ex tent of the transaction upon which the parties and the Court are acting in this process. No other object is pro posed, and no case, either within the scope of my own inquiry, or which has been discovered by the diligence of the Advocates, upon repeated challenges given them for that purpose, in which the Court has moved beyond those limits. What is now proposed must therefore, be considered as a novel enterprise, recommended to the Court without any support from former usage, and to be taken up upon new and unprecedented views of the subject. It has been said that the commission or pa tent of the Judge of the Admiralty authorises such an assumption, and the words of that commission might countenance such an attempt ; but it is universally ' , known that a great part of the powers given by the, terms of that commission are totally inoperative, and that its active jurisdiction stands in need of the support of continued exercise and usage. It has been said that no cases occur in which other Courts have interfered to restrain such a movement. On the part of the Court of Admiralty, such ap argument would be entitled to grave consideration, if it could be shewn that that Court had ever Made such a movement, so as to loutish a ground for the interference of any other Court; then that this Court bad proceeded so far without being in terrupted, the argument might have considerable weight ; but if no case can be shewn to have ever ex isted, in which the determined hostility of the adverse parties has ever invoked and obtained the aid of the Court for such a purpose, the first and most natural conclusion is, that this Court has never by any pro ceedings of that kind furnished occasion for such an interruption ; it has kept within its known limits, and on that account alone has not been impeded. It has been said that other Courts exercise a salutary, autho rity over their own recognizances, so as to make them square arid' the exact justice between the parties. But even taking that these stipulations could with pro. priety be considered as recognizances, it is to be re membered that those Courts, in this process of distribu tive justice between the parties, only exercise an autho rity which they possess over thegeneral subject. But in this Court no man would presume to say that it pos sessed a general jurisdiction to such an extent. A co partner could not originate a suit for accounts in this Court ; and if it cquld not originate, how could it assume a jurisdiction to do so, merely because there was a sti pulation existing in the Court ? pointing , to different transactions, and in its terms and meaning pointing exclusively to a remedy for that object of complaint only. What is the nature of the bail bond or stipula tion given in this cause? It looks, as I have observed, only to the event of the loss of the ship, and to the pay ment of the estimated value (in that case) to the part owner. It would be a very singular way of considering this subject, if it could be contended that though it pos sessed no jurisdiction to entertain a suit of accounts ori ginally, yet it could hang a jurisdiction useful and effective to this purpose upon the peg of a stipulation which never contemplated any such matter, but looked only to the intention and meaning of the parties to the single consideration of a remedy for the loss of the ship. If it is said that the Court is deficient in doing justice, it is to be remembered that the Court has administered all the justice which the parties have looked for and provided to obtain in their original contract, and in their application to its authority. I am satisfied who ever considers the terms of the bail-bond must acquiesce in the conclusion, that it is strictly confined to the event of the loss of the vessel ; and therefore I think the only case in which it is possible to conceive that a party ac cepting such a stipulation would forfeit the whole, or part of the estimated sum, would be a case, in which lie stood charged with having actually and efficiently contributed to that loss somehow or other. But in that case the Court might possibly be induced to wait till the truth of the charge was investigated by a competent Court, and such a Court "must possess the power of in quiring into a transaction partaking most strongly of a criminal nature,by the use of a compulsory process for the attendance of witnesses, and the test of a cross-examina tion applied to their testimony. In the preient case, the Gentlemen have resorted to a mode of proceeding totally destitute of these advantages, and which they most assuredly would not have done in a case imputing malice and hostility, if they could have possibly re sorted to the regular mode of plea and proof; for they could not reasonably expect that the Court would pre sume to decide upon charges of such a nature upon mere voluntary affidavits, brought in on both sides by persons who chose to furnish them, without any liability to cross-examination. It affords no mean argument against the existence of such a jurisdiction, that it must resort to such an insufficient process, and it therefore proves its own failure in the practice as well as in the principle. Upon the whole, I am of opinion that I must keep within the known limits; and no sense of judicial duties which I have ever entertained has led me to sup pose that ampliarejarisdictionsm by private authority be one of those duties. I come now to observe upon the facts, and rather with a view to the satisfaction of the parties and their Counsel than with any intention of considering their legal effect; for if I am right in the opinion I have signified, the Court cannot pronounce for their legal effect, having no jurisdiction for that purpose. I have already said, that if they were causes immediately pointing , to the loss of the vessel, and ac tually bearing upon it, and they were urged with an ap s .earance of sincerity, the Court might possibly be induced to wait till an examination had taken place in the proper Forum; but they do not appear to me to be entitled to any such degree of deliberate respect, being somewhat foreign to the real question, others lying 'entirely out of the jurisdiction, and others per fectly out of both. It appears that this said Taibutt, who had been the former Captain of the ship in selieral voyages to the East Indies (and afterwards was she managing owner) was deposed from the management of its concerns, they had likewise deposed the succeed ing Captain, and substituted another in his stead, to whose ignorance and incapacity the loss of this vessel has been attributed by the verdict of a Jury of this country. It is probable enough that these removals, being rather of the nature of discourtesies and disobli gation, might create some degree of irritation in the mind of the copartner ; as it is, I suppose, no very un fiecittent case that such differences do not produce any fiiendly sympathies amongst them ; but the true ques tion is, how far any irritation in his mind has contributed to the unfortunate event of the loss of the vessel by any act to which it has given birth? It is charged upon him, that after having taken the protecting step which he had resorted to in this Court, he did apply to the Cowt of Chancery for an injunction to pre vent her going to sea at all, suppressing the men tion of the security he had taken for the value of his share in the Court of Admiralty. If ,this produced any material delay contributing to the loss of the ship, it might he worthy of some consideration somewhere ; but it it produced no such material delay, it could not be taken into the account here ; and it was only a caution justified by reasonable motives, in or der to protect himself from any liabilities for the expenses of repairs and improvements in the ship which he dis approved ; and the caution was the more necessary, if it be true, as asserted by the other parties in the case, that after having taken the stipulation in the Admi ralty, he had no right whatever to controul any expen diture which they might think proper to make under pretence of being necessary for the prosecution of this voyage. After further remarks, his Lordship, upon the whole, was of opinion that the Court had no jurisdiction left them, but to the extent granted by the bond. And if the parties were aggrieved, they must resort to ano ther Court. His Lordship then went into the circum , stances of Mr. Tarbutt's application to the Court of Chancery, and he was of opinion that in doing so he had used no more than necessary caution. The suppression of some facts alluded to in former reports was not of a material consequence to the cause, as that Court had then stated when giving its final judgment, and they did not remark upon their suppression. The question of costs was to be decided, which he should order to be paid to Mr. Tarbutt, subject to this reservation, that as Mr. Taibutt had introduced various acts and matters not necessary, the Registrar should not include any of them; and his Lordship observed he would, in all fu ture cases, take this mode of correcting the too general practice of introducing irrelevant matter into the pro ceedings of,this Court. Letters from Cadiz of the 28th of October state, that all the quarantine restrictions have been taken off fot vessels from the Mediterranean and European ports, and that after the 15th of November vessels from Ame rica were to be subject to the quarantine laws, accord. ing to the bills of health which might be produced. Letters by a Leeward Island Mail, says the Glasgow Courier, were received in Glasgow on Saturday. The letters from the Leeward Colonies are to the middle of October. The islands were quiet, and the weather favourable. The letters from St. Thomas's, of the 13th October, mention that the Ashantees had taken Cape Coast Castle. How the intelligence has reached St. Thomas's, we have not heard. THE Rev. ALEX. Ilwrcuhn.—Yesterday evening a meeting of the friends of the above Gentleman was held at the Albion Chapel, Moorfields—Mr. FLETCHER in the chair, who addressed the meeting at cohsiderable length, and congratulated them on the result of that day's proceedings in Chancery. He regretted they had caused so much anxiety to his friends, whose kindness to him he could never su ffi ciently thank them for. lb the course of his speech considerable confusion was created by a person in the gallery calling out—" A person who breaks a promise of marriage made to a woman is un worthy the name of man.' Thanks were then voted to the managers of the Chapel, and the meeting separated DREADFUL ACClDlNT.—Yesterday, at four o'clock, an Inquest was held at the Monster Tavern,, Chelsea, on the bodies of John Smith and Joseph Knowles', two of the men employed in the distillery of Messrs. Knowles and Co. of Millbank, who on Monday evening were drowned in a large vat of spirits in process of fermen tation. It appeared that the men had been about four minutes employed near the vat, when the air becoming foul, though they had been directed not to go near the vats without a light, fell into a quantity of wash in a high state of fermentation. One of the men endea voured to assist them out by means of a ladder, and Smith, who was clinging to the side, exclaimed, " Oh ! GOD help me I" and then fell into the wash. Smith was immediately taken out, and every means used for his restoration, but without effect. To find Knowles's body the whole of the wash was let out, and he was disco vered lying at the bottom quite dead. All the witnesses who were examined agreed that it was an accident, and a verdict to that offect was returned, with a deodand of one shilling. BRITISH 14USSUM.—The first of the immense columns designed by Mr. Smirke for the interior of the King's Library, was delivered at the new building on Friday : they are of the red Peterhead granite, and the shafts, twenty-one feet six inches long, in one piece. It is in tended to have them highly polished, and as they are the produce of our own country, and superior to any brought from Egypt and deposited at the Museum, they are interesting in a national point of view. RUSSIAN GRAIN-BRIDGE.—A chain-bridge, the first of its kind in Russia, is about to be constructed over the canal of Maika. It will be executed after the de sign of Colonel Dufour, of Geneva, who has sent to St. Petersburgh a beautiful model of that which he erected in his own country last year. . . . _ Some of our contemporaries have been expressing their fears for the indigo crop in that part of the Dacca distrrct which has been ravaged by the Burmese. This fear is quite groundless, as there is little or no indigo produced in that part of the country. The crop pecu liar to that part of the country is safflower, which has of late come very much into use as a dye. The de struction of this article is the more to be lamented, as there is but very little of it at present in the market; and the only other part of the world from which it can be got is the Burmese territory, which is of course for the present shut against us. How astonishingly great is the dispatch in travelling now a days. The New York Gazette of the 15tli mentions, that a Gentleman left that city on the 16th August, for Liverpool, and returned in the James Crop per, having been absent only 57 days. CRA tuTtEs.— , -During the present month; the Dean of Westminster has released from Tothill•fields Bridewell, no less than sixteen poor men, who were confined in the above prison for small debts, which they were unequal to discharge; this act of benevolence has been the means of gladdening the hearts of fourteen wives, the Mothers of forty-seven children, by the rani n of their husbands to their homes.—ln addition to the above charity, the Tiustees of the celebrated Dr. Busby have sent a quan tity of coals, and above twenty Firs ,of excellent Wit aey blankets, for the use of the poor prisoners confined in the above place ; at this inclement season of the year, the above necessary articles axe peculiarly gratehtl.. POLICE INTELLIGENCE. MANSION.HOUSE. Pieurocerrs.—A commercial Gentleman of great respectability came to apprize the LORD Moro% publicly, that the Royal I. change was infested by a gang of pickpockets, who were dr„ st4 so like merchants that their real character could not easily b e tinguished. Ile was himself walking from the south gate of the I.:t. change towards Sweeting's-alley, when he passed five of them, v„, looked like men of business standing together in conversation. A i he passed through the knot, he felt a :witch at his pocket, and at. terwards found that his pocket was cut through, hut not sufficienz% to nermit his pocket-book to drop. He had 17001. in bin. of e • ; *. change in the pocket-book. This communication was mad e to ? La commercial men on their guard. GUILDHALL. Mrs. &damns, the wife of an extensive dealer in Field-I • I•le, wa , brought up on a charge of receiving stolen property. Herring, the superintentlant or the city Polite, was ri m . a thief to St. Andrew • watch-house. when a boy stole id! 1, 1 ,,dC.,: chief, and carried it to Mrs. Solomon's shop ; it was Ion. : the window for sale, and Herring went to inspect it, ht.- re, er ,: r the seizure of it till after he had spoke to her. Mrs. St limo,'. Is, saw the officer inspecting the handkerchief, and it was pr,‘,.d told his mother, when it was taken away, and she now pt,,, t ,„ : : denied it had ever been in her possession. She was ordered to t h e bail for her appearance at the Sessions if called upon. -:~,.,. ~.... UNION-HALL Thomas Skinner alias l'unasz Crib, a nickname which he is kne w , by in St. George's fields, in consequence of his pugilistic fam e , „... h brought before the sitting Magiatrate, charged with haying cam. mined a robbery in the house of Mrs. Pritch6rd, Portland-o, i . New Kent-road. lie was seen to jump over the railings of house, with a bundle, which she identified as her property. The prisoner, who strongly protested his innocence, wr•as vim. mined tor trial. M LBOROUG 11-STRE ET. Hotute-yrrAmc.— Yesterday, 7'. Vearney, as good a judge Oa 4 . bit n' blond" as ever attended the Smithfield market, WAS to this office on a warrant, charged with stealing a dark datrle grey hackney gelding, the property of Mr. Froggart, of Shout;:p. hill, Hampstead, a farmer. The prisoner admitted that he had bed : tried once at Newgate, for horse-stealing, and some pawnbroke:. duplicates which the officer found in his house, he confeFsed been given to him by a person who was a prisoner in New t , e . The prisoner was set at liberty on undertakirg to appear on Tuesday. Sheehan, one of the str pposed murderers of the FRANK: family, has been apprehended and lodged in Mallow Bridewell. Sheehan, it will be recollected, was in cus tody before, charged with this horrid crime, but ce;l - to escape from the Bridewell in Do;ieraile. Beta Acr.—lt is perhaps not generally known, that by a late Act of Parliament, in full force from the 10Ci of October last, it is made lawful for wholesale brewers of strong Leer to retail such beer from their breweries to the public in any quan•ity down to a gill. Saturday, at sun-rise, says the Glasgow Courier, the Heavens, fora few minutes, presented a most remark. able and even fearful appearance, as if illumined by the flames of a tremendous volcano, or city in frames. So strong. was the lurid reflection, that it cast a very deep flaming colour upon the buildings of this city, whicii, when looked at through the windows, the glass ap peared as if it had been stained red, or the utiildinzs reflecting light from the lurid flames of a wide-spread conflagration. The morning was calm, and deep clouds shrouded the whole Heavens, except a small pace on the south-east horizon, where the sun was about to make his appearance. The phenomenon is not unusual at this season of the year, but we never saw it to tuclr a great extent. It is a sure sign of unsettled, wet, aid stormy weather. COMBINATION OF IRON-FODNDERS.--For some months past, a strange sort of combination has ezissed amongst the journeymen iron•founders in Manchester and its neighbourhood, for the purpose of preventing persons not brought up to the business from having foundries t,t• supplying themselves with castings. This combination was first put in force against a house in the neighbour. hood of Ashton, and was afterwards directed against houses in Manchester, who adopted a similar measure. To such an extent has it been carried, that the moul ders refused to cart from the patterns of Messrs. F. and L. millwrights, of that town, because they persisted in putting up a train of shafts for Messrs. H. of Stayley buidge, who had rendered themselves obnoxious by erecting a foundry, which shafts were contracted for before the foundry was built. Messrs. F. aml L. were unable to procure any castings in the town, and have been compelled to erect a foundry for themselves: THE TREAD-MILL—The Exeter Gazette of Saturday last, contains the following statement relative to the effect of the Tread-Mill : " So much has been said in dispraise of this instrument of punish ment, that we feel ourselves bound to mention an instance which has come under our immediate notice, where a dissipated and in dolent youth has been reclaimed by it from the paths of vice. A most respectable tradesman of Exeter, hail his forbearance lor: put to the test by a disorderly apprentice, and finding reform .o difficult as to requite magisterial interference, he made application about two years since to the Bench, and the offender wa, sent to' the tread-mill fer a month. So effectually did this means succeed, that the young man has since repeatedly expressed his gratitude to. his master for the course he adopted, and the latter has the saris. faction to find himself enabled to place him in a responsible situatum in an extensive manufactory." The system of horse•stealing has lately increased te , an alarming extent in South Wales, and the Magistrates have determined, if possible, to bring the offenders to justice. A Magisti ate, residing at P►esteigne•grove, the county of Radnor, wrote, a few days ago, to Union - hall, giving an account of several cases of ltorse-ste4- ing in Radnor, and the adjoining counties, enclosing ►he description of a man named Thomas Sheen, of Br; - Melis, in the parish of Glascomb, who has absconded, and who is suspected of having been engaged in step l ing eleven ponies. Monday, the house of Mr. Thompson, of Falk, near Sevenoaks, was broken open, and considerable proper►y in plate and other articles was stolen. At Inierness on the 15th instant, Donald 11I 4 Queen, Esq. fit Corrybrough, Giptain in the Madras Cavalry, to Margaret, dauja ter of James Grant, Eq. of Might. The 15th Inst. at Edinburgh, John Taylor, Esq. Attorney in chequer, to Dorothea Judith, fourth daughter of the late Lieutemet• Camel Lewis Hay, of the Royal Engineers. At Stirling, on the 17th instant, the Rev. John Jaffray, Minket of lhmbar, to Isabella, second taughter of the late Thomas I.uca-, Esq. surgeon, Stirling. Nov. 16, at Montrose, Campbell Locke, Esq. It. N. to Wen, daughter of Andrew Knox, Esq. Montrose. Nov. 15, at Arbroath, James Goodall, Esq. Provost, to .11 , n7 eldest daughter of Bailie David Cargill. DI to U. At Edinburgh, on the 13th current, Min Mary RAJ, third daughter of the late Rev. James Reid, of Kinglassie._ 4.5.- . mut SUL Might • 1 0 lattriett • 41 IJA 1 1 0 .aruenisef sa4 law/ 0 1 Lisboa , 0 0 Gotteaburgh 0 2 Brazil ' 0 0 Wanes Hatuburgis Flamer. /Ilk. 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