The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1869-07-10 00:00:00

LORD BROUGHAM'S MEMOIRS.

The Master of the Rolls gave judgment on Tuesday In the
case of Brougham v. Cauvim"
The chief clerk had found that Dr. Cauvin was
entitled to £330, as remuneration for preparing
part of the autobiography which the late Lord
lirougham had intended to publish. The present Lord
Brougham took out a RIIIIIIIIOIII4 against the finding of
the chief clerk, but he withdrew the summons, and
the question to be decided by the court was whether
Lord Brougham or Dr. Cauvin should pay the costs of ,
the suit instituted by the former against the latter.
The plaintiff's bill alleged that Dr. Cauvin had no lien
on the documents which had been entrusted to him,
and asked for an injunction to restrain him from
publishing the documents on his own account. At the
hearing of the cause last July the Master of the
Rolls decided that Dr. Cauvin had a lien on
them until he was paid what was due to him
for his task, and no injunction was granted,
there being no intention on the part of Dr.
Cauvin to publish the documents on his own account.
On the hearing of the question as to which of the
parties should pay the costs of this suit, Mr. Jessel
, and Mr. Osborne Morgan, counsel for Lord Brougham,
' insisted that the suit was rendered necessary by Dr.
Cauvin's conduct, and that he ought to pay the costs
of the suit. Sir 11. Baggallay and Mr. W. W. Cooper,
counsel for Dr. Cauvin, on the other band insisted that
Lord Brougham ought to pay the costs, as the two
grounds on which the suit had been instituted entirely
failed according to the judgment of the court last July,
and Dr. Cauvin immediately delivered up the docu-
ments on Lord Brougham undertaking that Dr. Cauvin
should be paid whatever amount might be ascertained
to be due to him.
Lord Romilly, in giving judgment upon the question
of costs, referred to the letter which Messrs. Hume
and Bird, the solicitors of Dr. Cauvin, wrote to
Messrs. Williams and James, the solicitors of Lord
Brougham, on the 17th of February, 1868, with the
view of settling all matters in difference between the
parties. The terms proposed in that letter were that
Dr. Cousin should be paid immediately an instal-
ment of £!300 on account of his remuneration, that
upon payment of that instalment it should be referred
to Mr. John Forster or to Mr. Theodore Martin to
soy what in his opinion would be a fair amount of
remuneration to be paid to Dr. Cauvin, that upon the
said John Forster or Theodore Martin signify-
ing his willingness to act as referee, Dr. Cauvin
should deliver up to the referee all the manu-
scripts, letters, and papers which had been en-
trusted to him by Lord Brougham, and that upon
the above terms being agreed to all further proceed-
ings be stayed, and that upon the terms being carried
out the bill filed by the plaintiff should be dismissed,
each party paying his own costs. Lord Romilly
thought the terms proposed in that letter ought to
have been accepted. But Lord Brougham's solicitors,
in reply to that letter, said Dr. Cauvin had no hen
whatever upon the papers, and they required as a sine
quii non the immediate delivery to them on oath in the
usual manner of all the manuscripts and papers, and
that the suit should be prosecuted so far as was neces-
sary to give effect to the delivery, and that Dr. Cauvin
should pay the costs of it. In the opinion of the
court, the proper :order to make would be that from
: the date of that letter of Dr. Cauvin's solicitors, Lord
Brougham should pay Dr. Cauvin's costs.