The Express.
London, England, 1852-04-17 00:00:00

.aw intellteence.

EQUITY COU ItTS.-YMERDAT.

Formes aßWrorsominu• moms Leap COIANCIII.LOII.
TIII MATTES Or MR. JoliN SIAM. • SOLICITOR. Or

THIS CUCV.T.-JUDUMII24.

The facts of this 'Legatee case, which related to an erre-
pluity is the Muceedisme of • solicitor, old ow angled
matter eitraonlisary of this 'Dort, were mantilliati hire
Lepton yesterday. The matter stood over he the pow
pose of affording Mr. Smith an opportunity of prods*,
his certificate of appointment to the office of • muter extra-
ordinary, or of giving satisfactory proof that he hail been so
appointed.
Sir W. Page Wood appeared on behalf of Mr. Smith. Kei
was unavoidably absent on the previous day, std was MY-
what taken by surprise on findiug that Mr. Smith hod to
answer an 'steely new ease. On a former occasion when
the slitter of the affidavit was brought under the notice of
the court, his lordship hail given Mr. Smith an opportunity
of explaining his conduct in reference to that proceediag.
Mr.Senith had accordingly, acting on his lordship s eiireetiou,
put in affidavits explaining the circumstances of his wife's
illness (notice of which was COllley.d to him by letter to
London on the morning of the day heed for the meeting at
Tonbridge Wells), as the c luse of the distress of mind
which had Ld him into the irregularity complained of.
The affidavits replanted that the Liter referred to, and
which Mr. Smith was required to produce, had been
thrown aside or Inielaid, and coieequieetly be was not in •
position to produce it . • hut, the letter being also on pro.
leasioual business, Mr.Sinith's clerk had been able to de-
pose to its content.. There was also satisfactory medical
eveleuce as to the dints. of Mrs. Smith on the occasion.
Mr. Smith was now placed in a very peculiar position in
having uneepectedly to meet a new case, that of acting as a
master eatraordivary of this court without authority—a
proceeding a hich might render him liable to an indictment
for unlawfully administering an oath. Ile therefore did
not think it adviseble to go into the details of this matter
now ; but, should his lordship come to the determination
to strike the name of Mr. Smith oft the rolls, he (Sir W.
Page Wood) had to ask his lordship to have the goodness to
state the grounds for doing so?
Mr. Matins appeared on behalf of Mr. llolland, the soli-
citor fur the plaintiff, in the cause of tt Itubinson T. Adams,"
who had employed Mr. Smith to go to Boulogne, and stated
that his client had no knowledge of the irregular proceed-
ing • hich had led to this inquiry.
The Lord Chancellor, in giving judgment, said be did not
expect that the case would be met in the. meuuer. It was
not a can which could is lett to the chance of an inquiry
by en indictment in a court of law. Mr. Smith was an
under the Gnat Seal, and it was his (the Lord
Cliancellorts) duty, as Keeper of the Great Seal, to visit
with iiemediate punishment any abuse of the 01111.6 sans.
imposed hp that effiee. The office ( f muter extlesseffi-
Oars) the °art had rearm to believe, from the fullest se-
gatise at least, dud been assumed by Mr. Smith.
This sivo not a cunclueion hastily come to ; for, after care-
ful and Neatest searchee, be had reason to think that Mr.
Smith had never been appointed to exercise the power con-
fermi, on • master catraerilinary. lie found no such,
person on the list fur the puce described by Mr.
Smith. The re was a John Smith on the list ;
but fur a different place, and the appointment was
under .1 iNthrent date than that stated by him estate time
when he ea. appointed. Indeed, from Kr. Smith's SlOWera
on the pr. sines day, there was enough W satisfy hie that
this was a ease which called for his innencliabe iaimihresee.
lie had, then-tore, come to the conciMia demi was his
insperative duty to cause Mr. Smith's soon In lit imme-
diately struck off the roll. as • whetter of dis mu& nu
lordship thin proceeded to remark on the pond=
of the appointment of masters extraordithey he
that a me rule was about to be bused regulating Shake ap-
pointment. As the offices of the masters in Chimney were
probably about to be abolished, • change would be rendered
necessary in the office of the Masters Extraordinary. The
name would be chaste I, and they would probably be called
officers under the Great Seal fur taking &Week., or same
name of that kind. it was easy enough to see why penes
practising as attorneys and solicitors were as 'mina to ob.
tam the appointment of masters ettraordinary. It
was not • matter of much difficulty to obtain it : they
gut the certificate of two gentlemen 01 the bar, and then
the appointment followed almost as a matter of scares. It
was then published in the Gazette and panelled is the
_ _

newspapers:, that Mr. zo-and-So had WWII
the Lord Chancellor a master eatraordinary 311tirde Hig
Court of Chancery.- Thin was no doubt letenied to in-
duce the belief that a spa-rill and eatraordi onsideoce
was reposed in him. With respect to the coolant of Mr.
Smith, in the matter of taking the allidsvit in the MOW of
.• liobins. r. Adams," he must say that it wee ON of the
most irrigular and improper character. lle wag ewer to
France and swore a person who was living oat ellfejuris-
diction of the emu. The irregularity of this tug
appeared to have occurred to Mr. Smith's ad Woe-
&Lately, for he stated that he returned to Robinson and re-
quested him to come to England, fur the purpose of having
the affidavit resworn. When he (the Lord Chancellor)
asked why he hail not got Robinson to accompany hid to
England, the answer was, that Robinson was then adpro-
Mded with money. But be could ace no great
difficulty in that respect, seeing that Smith re-
ceived four guineas a day, and the cost of the
passage over from Boulogne to England would only have
amounted to a few shillings. An appointment, it wee
stated, was made for it meeting in Touhridge Welk on the
following day, but that appointment was nut kept, sad Mr.
Smith, a solicitor of this court, and acting as•merifee situ ,
ordinary, actually tilled up the affidavit as sweet et Tem- '
bridge W:11*, when, in fact, Robinson hed BMW leg DOM
logne. Mr. Smith said he bad no object to elk by re poi
medics, but as it was required that Robbing &Oda (0.0
be security for the costs of the suit, there wee as le
gained by bin representing that he was biles GSV
Welk, within the jorisdictioa cif the mart. Mien be wee
feet M another country. When the cries, err first
brought under his notice be mu meet admen Ile admit
any reasonable emme which might be Willa is implica-
tion of this proceeding. sae brined through the affidavits
with the greatest mm, sad be regretted to my that be could
not lad any encase. Without eselring any more
specific grounds than these tams publicly stated, he
must cause Mr. Smith's name to be immediately struck off
the roll of solicitors, and be alma direst his learstary to
communicate this decision to the judges of the other
courts.

Mr. Mrlias said his client, Mr. Bend, was daelous of
an opportunity of explaining that he had no knowledge of
the irregularity ninth had been committed.
The Lord Chancellor directed that the explanation should
be made by sfiblavit on Wednesday neat, mud that it should
include a statement of the reasons why Mr. Smith sae
sent to Boulogne, and also how the improper ellislavit got
on the file of the court.

nut observe that Mr. Smith wu resent daring
the proceedings.

TER MIDLAND RAILWAY COMPANY 0.
Mr. Daniell was proceeding with his address in support
of this appeal, when the court rose. It is a notion to dia.
charge an order by Lori Cranworth, then Vies-Chaaceller,
by which his lordship restrained proceedings in ma action of
ejectment by the defendants against tbsi railway company.

Boma as Mem or ma NNW
Hoozoorr e. Iloawrox.
The Master of the Roth in giving Judgment la thie am,
said it was a soil instituted by • onn spinet lie balm& to
obtain a declaration fine the murk that • deed eamatell kir
titggsnanWlM Paterala Mato, was voidoind aa~ 1i
t aside. ne wades raised sod to he detoable' INS
one of great imisetenee, net ea mash eseesse eif
Inge amount preperlywate= it, at a amend or
the peiseiplesinvelced_ dee* the reaming
twine parent and clad. The facts of thi ere Mee Mese:
le IMO, Sir henry Bell Meat= sealed Mir
Bold, the mother of the plaintiff. At thst time tll&
estates wire muted by the will of Wend Bold, tebeastg.
in the event of the death, without t 0.., of *a
sister of Dorothea Bold, which event took
the Bold estate* were limited to DoveMee fir lib,Pla
remainder to her first sad other sass. It wee net
thertfere es this marriage to make further gn
that property. The Heenan estate, es the an aling
Francis Hog-ton, devolved on Sir Heerer add
kw life, with reasaisder to his firet aminaise ONSI=III
may, Sir Henry having power le Mare the
it
the amount of 1,600 f. • year, ad ft elms it wilt,
in *rem eft younger Miasma The H Meat
was of the value of 8,000!., and the emele a
year. The Heghton estate nes meeffiedin Ile gmemot al
81,4001. The Bold estate was ummumberel Theo wire
gee shildrea of the roarrie4: 1111111 M NM perils Is
the wait, the plaintiff els, and be
born on August 2, 1221. died is ISIO, med
thereupon the plaintiff biome miile.
The dune produced by this rest, man
was of the most Derives deseription. He het is Ohs
receipt of 18,0081. aear and he wee new MAMA le
6,1001. The plaintiff seemed: to bare hit
produced his father's income, and to hoes heft
ants of inereasing it r far r sa
Hs aypeutted hie baler hie end igyeemil he hem
rouresed an arrangement whisk, or hnglghi i 21. •
'imam of the Bold estate, the seer* no" -
pa to
be sold to a gentleman of the gams et Seedelidehold
proceeds applied to discharge the inesmimmene as dm
the estate. On tated Asgsat. ISA pkte
attained his majority, and on the gene deg be eneeweed a
bond wevelog to his father as amarday MM. whisk
wee or ems se mon as the am paid off the raniegegne es
the amens. Ow the ith of die alma melt be
swalistabla bawd% .
le bit Inbar
Is ell these =N em be add swim Des abbe el Mr. /tow-
ers, who bad weed as Midis, ef the &Id mac In
February MS, the mend *roe eale at /WM Mole
wad 0011 Mill 111.11 K, yememe messy, was
paid. 11 mgort of it, wee medial is ye rewet of
the mietynyee allWog theli=w aisle sea me die re-
minds* wpaid to the Up to this time me i
temmeeNem wee won SF
whim:WTl eaterVbeim sod
=roe be doe hie SdheVe oilseed wee&
Yom Stet tandem raised wee, that the Warm of
110 asNosiss Moe se dressgrbawn ae toed predneeby a mxtiaf
these Amgen This wee im of the
who amgeoded that dm
Money diet these awe.
IlaS be me se 10 bog wn up ea
~.._•kime • li
b'slab Sr bomb, willO a Lew" *al
110.7/ the Sh af Mr .deedas inemetit should gold. Ort
et My litea et eweeollemewe of lie Fifth-
b7.. —..sealed w *kW and W ileilber, ad
asweioded Mat lie anewilea el AM deed woe alw
tilliati=ll.llabstbawriltalft galresimetstbe-
mum lo lie lid oridellsa et the MMlMue