The Express.
London, England, 1853-02-11 00:00:00

THE EXPRESS, FRIDAY EVENING, FEBRUARY 11, 1853.

103 lintelltaence.

EQUITY COURTS.—YESTERDAY.
Barons rut LO&D CRAmcalaoa.
RE TrWI/P.—LUNACY.

In this case, which his beta so often before the court,
The Lord Chancellor delivered judgment. Re said this
ease was heard before him on the lut day of term, and he
then expressed his opinion that he bad little doubt as to
the course he had to pursue, unless anything in the orders
which bad been made in the matter by Lord Cottenharr
and Lord Bt. Leonard, presented his doing so. It was a
most distressing case. The lunatic was tenant for life of
large estates in Eneland and in Jamaica, the latter of
which, when he (the Lord Chancellor) was at the bar, pro-
duced some 4,0001. • year ; whereas now they not only
produced nothing, but loss wee constantly incurred, and a
debt of epee-I.de of 200,0001. had accrued, and which was
due to the consignees of the estates fir the keepies of them
up, as well as for the premium paid by them on certain
assurances on the life of the lunatic, which were intendi
to secure their debt. In July lot the consignees aban-
doned the estates. Several orders had been made
from time to time in the matter of that debt,
lead eventually an order was made by which
the surplus funds of the English estates were di-
rected to be paid to the consignees to usable thine to
keep up the premiums on the insurances. After the ahan-
donment of the estates by the consignees, • question arose
how their debt and the insurances were to be dealt with;
and an order was made referring it to the Master to ascer-
tain what would be the best course, and he reported that it
was advisable that some agent should b. sent out to Jamaica
to endeavour to let the estates. Accordingly a Captain
Western was sent out with a salary of GUI. a month, but no
more than 5001., or ten mouths' salary, was to be paid to him
in the whole. When he arrived, he found that the agents
of the late consignees had, notwithstanding their abandon-
ment, continued the management and cueivation of the
estates for the ce.nsigneco, who were also managers. There
would be no dou'it that they had no legal right so to act.
But es he (the Lord Chancellor) had only now to consider
whether they had acted for the benefit of the lunatic or not,
he was of opinion that it was for his beuetit, as it
must have had a most injurious effect an the property,
had it, in • climate like that or Jamaica, been lett
uncultivated since the time br two, n the abandonment by
the coneignees and the arrival of Captain Western. The
cultivation had cost, as was stated, le 001. A petition was
then presented by the committee, praying thst he might be
allowed to pay that sum, and also any WM% that might iu
future be necessary for the cultivation of the estates. In
any future order ho might make he must direct that no-
thing should be done on behalf of the lunatic but what wee
absolutely necessary to carry out the Litt mien with which
Captain 'Western was tent out—namely, the letting of the
estates. To that extent, and no luithsr, could all of the
lunatic's funds, which the court though:applicable, be ap-
plied towards the cultivation of the estates. The proceeds
Glebe English estates were between 4,0001. and 5,0001. a
year; but out of then the lunatic and his wife were
to be maintainel. lie (the Lord Chancellor) must see
whether the surplus of that fund was or was not
so charged with the payment of the consignees
debts es to render it improper that they should
be applied towards the cultivatitn of the Jamaica estates.
When the matter was last before hint it stood over in order
that he might lock into the orders which had been made by
his predecessors; and having done so, he found nothing to
prevent his making an order that all sums expended on the
cultivation of the estates since the abandonment by the
consignees in July last might be allt.wecl to the committee
in passing his accounts. That order would be made wish-
cut prejudice to any application which the committee might's
think fit to make in reference to any other expenses neces-
sarily incurred in the cultivation of the estutes with the
view el letting them. Such expense s would on application
be allowed, but he thought it best that the present order
should be confined to these expose,' already incurred.
The order would be made to that effect, the costs of all
parties to be taxed and paid.

RE FrIIIIELL.-LIMACY,

Mr. Glass", who appeared in support of • petition for a
commiiisivn, was about opening this ease, when
Mr. Sondys asked that it might sten) over, that his
clients, who opposed the petition, might have an opportu-
nity of filing affidavits explanatory of some parts of the re-
port which Dr. Forbes Winslow had made under the order
of the court.

The Lord Chancellor, in assenting, raid that the affida-
vits must be tiled befcrc 12 o'clock on Moneay.

EDWARD. O. CHAMPION.
Mr. Lee moved in this ease against a decision of the late
Vice-Chanei nor Parker, by which ho refused W alter a
ease sent by Lord Cottcultam to the Court of Common Pleas
for their opinion.
Mr. Melina and Mr. Prendergast appeared to oppose :be
niction.

The Lord Chancellor said that the recent act by which
the custom of sending cases to be heard by a common-law
court prevented his acceding to the motion. Ile would,
however, re-hear the case in the same state as it was sent by
Lord Cottenham to the court of law. _

This arrange:neat was acceded to, and the bearing fixed
for Wednesday mat.

fermi rut Muria or ran Bons.
BATZMAN O. MAROERISON.
This case bad come before the court on exceptions to the
Muter's report. Oo one of them the question arose as to
whether specialty creditors, who had executed a deed of
assignment for the benefit of creditors, were entitlid to
interest on their debts up to the time of payment; or wbe•
ther interest stopped at the date of the execution of the
deed, which was silent on tho subject ; and on that point
the court had reserved its decision.
His Honour now gave judgment; holding that the
specialty debts bore interest up to the time of payment.

BIM=
TVIIIIIIt T. BLAIIIRE.

KINDIULLILIT.

Tho court was occupied, during the day, in hearing the
arguments in tl,ie c -.sc, which has not yet been concluded.
COURT OF QUEEN'S BENCH.-YESTERDAY.
SZTTINO• AT NIA POD 111.--Buots LOAD CAXZIZLL AND A C. IDION

THE QCZEN P. ORCHARD AND COI.-CI

tekixtiNcl.

The defendants in this case came up this day for judg-
ment. The indictment was for conspiracy to defraud the
prosecutor, G. F. Orchard (brother of the defendant Orchard)
and one of the Masters of the Court of Common Pleas, by
means of a false affidavit of increase. Uri trial took place
upon Tuesday last. It will be recollected that the de-
fendant Orchard is an attorney, and the defendant Cox his
articled clerk.

Upon tho application of Mr. E. Jamey, two affi-
davits, matte at the time and for tho purposes of the taxa-
tion to which the affilaeir of increase referred by the
prosecutor and his brother Augustus, were read. Two
other affidaeits were offered in mitigation.
Lord Campbell did not see that these atlidavits tended in
any way to di,prove the facts found by thn jury.
Mr. James considered that they showed the prosecutor
was connected with the improper practice which was the
subject of the indictment.
Mr. M. Chambers moved the judgment of the court.
The defendants were then calleu, but they did not
appear.
Lord Camrdxll then said that a very painful duty was
east upon him, in having to oass sentence upon the
two defendants, who had been convicted of a conspiracy to
defraud. They belonged to an honourable and useful pro-
fession, in which they might have maintained themselves
and their families in a tespeetab's position in life. The
sentence which he was now about to pronounce upon them
would disgrace them, and interfere in a most material man-
ner with their future prospects in life. The fraud charged
was that in an action at law, the verdict having been
found for the plaintiff, the defendants in this indictment
preteuded that various sums had been paid to the witnesses
who attended at the trial, which suing hail not been paid ;
but were intended by these defendant.' to be converted to
their own use. Be regretted to say that the means use Ito
carry this conspiracy into eiftet were perjury and fraud.
They used an affidevit made by Cox, which was untrue,
and known to be so by both parties. In that affidavit it
was stated that Cox had paid, or caused to be paid, consi-
derable sums of money to various witnesses on behalf of the
plaintiff. Now both defendants knew that these sums had
not been paid ; in fact they hi.d euteeed into a scheme for
the purpose of deeeivin; the Master of the Court of Com-
mon Pleas, and to obtain receipts from the witnesses for
moneys which had never been paid. The affidavit wassworn
by Cox and Orchard, who kne w that it was false, end did not
hesitate to say thee it was true. Thus, one was guilty of
perjury and the other of subornation of perjury. Then
again, they acted in a most discreditable manner after the
affidavit ...111 made. The attorney, who appear. t 1 on tho
other si le when the costs were taxed, waived an irregularity
of form in the affidavit, upon the assurance of these defen-
dants that tho moncysin question had been paid. Further
then that, to some of the witnes.ce, to whom allowance was
male by the Master, they pretended that nothing was al-
' lowed ; to others that sums smaller than the reel amounts
had been awarded. Such a complication of perjury and
fraud had rarely been laid bare in a court of justice. It
was shocking to observe the reckltesnees with which the
parties had acted ; indeed, they seemed to be unconscious
that they were doing wrovg. The senteace of the court
' was, that W. 11. Orchard be imprisoned in her Majesty's
gaol of Neweate for the term of six calendar months, and
that Oeurge Cox, in consideration of his being a younger
man and articled to the other defendant, be iiiprianned in
the same gaol fur the term of three calen ler months. Re
hoped that this would be a warning to others. Ills lordship
added that he believed the prosecution proceeded from very
impure m.tivra. That, however, did not alter the merits
of the case, nud he rejoiced, for the cake of the public, that
the prosecution had taken place. The adminittration of
justice must always depend, in a great degree, upon the
manner in which costs were taxed. It was true that the
expenses of litigation hail been much decreased of late
years—that fers of court had been gl catly reduced; but the
expenses of witnesses a ust always remain much about the
same in amount, and must of necc..ity fall upon the par-
ties. Even if the views of Mr. Bentham, and ninny ether
inttffigent writers, were emit d into effect, and the legisla-
ture were is provide the means of administering justice
without con to the suitors, yet the costs of witnesees must
tell be payable by the plaintiff or deft ndant, as the case
might be.
SITTINGS IN LONDON.

The List case hav:ug Lccu diToscd of, the court d-
journed.
The sittings in London commence on Saturday, Ike 12th
of February instant.