The Express.
London, England, 1846-12-11 00:00:00

LaW intelligtact.

JUDICIAL COMMITTEE OF TEE PRIVY
COUNCIL—Dan. 10.
an MAESTY'S PILOCTOISSoLicrron Or THE
DUCEYH JOF LANCASTEIL-Mr. J. Parker, Q.C., was heard
to-day on behalf of the respondent, in a very learned stun-
meet ; and Mr. Ellis, Attorney-Oeneral for the Duchy
of Lancaster, was partly heard on the same side.

EQUITY COURTS.—YESTERDAY.
Before the Viste-Cbancellor of Fagtind.
PEACOCK IL 11.EILNOT.—CONDITCT Mat thus SOLICITOR--The
Vice-Chancellort upon taking his seat this morning, stated
that he had received a
letter from the defendent's solicitor in
this case, complaining that some of the espressions which he ,
had used yesterday, mgiving judgment, were rather harsh
upon him. His Honour's opinion was, that every man
should he dealt with justly but kindly, and nothing was
further front his intention than to cut the slightest reflectioned
upon the conduct of this gentleman, who had of act
as he considered best under the ckeumstances. lie was sorry
that anything which had fallen from him should have con-
veyed the harsh impression complained of.

Belot* Vice-Cluutsettor )(night Bruce.
Lxrrs v. Witsoe.—lnJetwerlo:4—Coreetour.—A mo-
tion had been made by the plaintiff, exparte, for an jejune-
tien to restrain the defendant from selling pirated
ar co pies of
the plaintiff 's Diary or Almanack for the ye 1847."
and an interim order had been obtained until to-day, when
the motiou for the injunction was to be repeated upon notice
to the defendant.
Mr. Pigott, for the defendant, stated that as soon as his
client had been served with notice of the interim order, kit
immediately gave orders to stop the sale, and was swilling to
make amends, in every. respect, to the plaintiff. And la
asked that the motion might stand over till Monday week.
Mr. W. M. James who was with Mr. Russell, for the
plaintiff called his honour's attentin the bodyion to the cof the work,
ircum4ance,
that the plaintiff in his diary had,
denoted the eclipse! of the sun and the eclipses and changes I
of the moon by signs, and had explained these signs in a
foot note to each pane. The defendant had adopted
the old plan of staling these matters at the top
of the pane, but had nevertheless most uselessly copied
the plaintiff's foot-notes, and placed them at the bottom of 'I
his pages. This showed the deliberate nature of the p both
iracy.
His Honour said that he thought it would be fair to
parties that the case should stan:l over until Monday
.week ;
but in order to save the plaintiff the expense of an injunc-
tion, he would give him another interim
ca ororder until that
that 1
time, provided he submitted to any order damages
the court might make.
The counsel for the plaintiff agreed to this course.
DVNIITON V. PATLIIXON.—hIDaTOAOOIt AND MOKTGAOZE.
—FHAUDIJLI3XT SECUILITY.-3118CONDUCT OP SoLUN [OR.
—ln this case two bills were filed by ladies of the name of
Dunston against the defendant Paterson, a solicitor, praying
that an account might be taken of the monies due under
two securities given to tho defendant upon certain reversion-
ary property of the plaintiffs, that his costs in preparinghat
those securities might be taxed, that upon payment of w
was bone fide due, the securities might be delivered up to I,
the plaintiffs, and for an injunction in the mean time to
pertyre-
strain the defendant from proceeding to sell the pro
under the powers of sale contained in the mortgage deed,.
his
The facts of the case will sufficiently appear kora
Honour's judgment.
Mr. Kenyon Parker and Mr. Barton appeared for the
plaintiffs. Mr. Hassell and Mr. Hardy for the defendant.
His honour : Two unmarried ladies, living apparently
apart from their father, one, or each of them, beingact in
theirem-
barrassed circumstances, apply to Mr. Paterson to m
solicitor, and he consents to do so. They become his clients:
they apply to him for money : he advances money to them
I
respectively : he takes from them two securities which are
in question upon the record : securities prepared by Tim and
which they execute without the advice or assistance of any
other professional man. It seems they had reversionary
interests of property, not of inconsiderable value, but en-
cumbered. The securities are two assignments of the 17th
sad 21st November, 1815. Bach is of ten skins of parchment,
each purports to be a security for 5001. in money actually
advanced at the time. The advance is not merely
expressed in the body of the deed, but by a receipt clause at
the back of the deed. In each ca,e, therefore, the security
is made for 5001., with interest from the date of the deed.
The deed, in each instance, contains a power of sale, in de-
fault of payment of 500 i. and interest at the end of three
calerlar months from the date. The ladies had executed,
upon a former occasion, a security in which they were joined
by their father, to a lady called Cassidy. A copy of that deed
was furnished to Mr. Paterson, to assist him in framing his 1
security. That security also contained a power of sale, but
it was not exercisable before six calendar months after the
date of the security. It must be taken upon the evi-
dence, that the ladies were told that Mr. Pater-
son's securities were substantially the same as Mrs.
Cassidy's security. But it appears that they were
different ; not six calendar months being allowed to the ladies 1
before the power of sale could be exercised. The period is
only three calendar months. The solicitor states, that I
though he was aware of that difference, he thought it not
substantial ; and he agrees that the ladies were not apprised
of it. The securities being thus given with this poser cf
sale, it remains to see what monies were advanced. The se-
curities being for 5001. each, the advance in one ca.e appears
to have been 150/. (and 1501. only) advanced on the day of
the date of the deed, and in the other instance a sum of 215/.
advanced partly on the day, and partly after the day, of the
date of the deed. So that in one case the security, properly
expressed, should have been for 2451., in the other, not more
than 1501., with interest. The deeds being produced. it ap-
pears that in each instance there is annexed a letter, of which
lthey being each precisely in the sameterms) it will be suffi-
cient to read one. It is thus :
Kentish Town, Nov. IS.
Dear hereby authorize you to appropriate 250 L, zeirt of the
5001. lent me on mortgage left in your hands for my use first in pay-
ment of your pr
al charges against me in respect of such loan,
K any other charges which may be incurred in my bah and se-
condly in sati,dying the claims I have named to you. andwith the par-
ticulars of which I will furnish you in a few days.—l am sir. .
M acc.,
E. Drscrox.

To F.. Paterson, Fag., Laura-place, Mum.
Now whatever may have been the intention with which
these securities were prepared, it is quite obvious that they
were not securities which any professional man should
have permitted a client, especially a worn in, to have
executed. Without imputing improper intentions to Mr.
Paterson, I must express my regret that he should have been
induced to take such a course. The parties afterwards (in
regard to their relation of solicitor and clients) separate, and
after some previous communication, upon the 20th of April,
1816, another solicitor (whom at a subsequent date Mr.
Paterson chooses to have as his solicitor), one day after the
*ling of one bill, and two days after the tiling of the other
bill, writes to the solicrtor N
Vof these ladies as follows :
PATILISSO. &c.
23, Throgmorton-stmt, April 20.
Rir,—The abstract and papers were this morning received from
sounsel, with his observations upon such title, ss my client had been
enable to procure and make out, with a view of executing his power
of rale, together with suggestions for his guidance in proceeding to
realise the amount due to him under these eecurities, fur mortgage
=tee, interest, and casts. I shall be unwilling to pursue the
remedies advised, but I shall be under the necessity of doing so if
these claims be not satisfied within a short peril, I ; and I therefore,
au the part of my client, hereby require payment of such mortgage
money, interest, and costs, so doe from three ladies respectively ; and
I also give you notice that unless the same be paid within ten days
atom this date, ray client will immediately thereafter pursue his legal
and equitable remedies for the recovery thereof.
I think from the tenor of this letter, that the person to whom
it was addressed was well entitled to suppose that a threat of
employing the power of sale was embodied in that last sen-
tence. The writer goes on :
The amount of such principal money and interest due to Miss 8. ,
E. DIMStAII is 2511, and my clients' claims for coats, charges, and ex-
including the proceedings in the suit in Chancery, 1371.
7:x9east'ion has reduced that sum from 1371. to lOU. Is. 6d.
The letter then goes on:
The amount of such principal money and Interest doe from Miss Ts
Dunston is 153/. 2s. 9d., and my client claims for costs, charges,
and expenses, 801. 5.. 2d.
Which sum has been reduced by taxation to 42f. 12s. 10d.
The last paragraph of the letter is sufficiently remarkable,
whether consistent with strict right or not (considerin g the
fact that Mr. Paterson had acted as the solicitor of these
ladies). It is thus :
must decline furnishing you with copies of these securities.
Lander 6rcumstauees such as these one order was, by arrange
meat, made in both these suits, directing the master to take
an account of principal and interest, and to tax the costs pro-
perly incurred, but reserving, in so many words, the costs of
these snits, including the costs of the several applications to
be made to the court after the report. The order is clearly
different from an order in a common redemption suit. The
• order is carefully drawn, flirecting the sending the accounts
to the muter, and leaving the result to the court ,
and I think that the court would grossly neglect
its duty if it did not direct Mr. Paterson to pay
all the costa of a suit such as this, occasioned as this has been.
I will deliberate for a week upon the question, whether my
duty does or does not require that I should add anything of
a peculiar nature to this order. If I should think it neces-
sary to add anything of a peculiar nature to this order, I
will state it publicly in court.
His Honour afterwards said that he was surprised that
any man of common prudence should allow such a case to
come before a court of justice.

COURT OF QUEEN'S BENCH.
Paws—Before Justice Erie and Special Juries.
JONES AND NIAS V. BLUNT, THOMPSON, AND DAVIS.
--CONTRACT FOR SALE OF A RAILWAY PROJECT.— Sir F.
Thesiger, Q.C., Mr. Monter Chambers, Q.C., an Mr.
Pearson, appeared for the plaintiffs, who brought this d action
to recover the sum of 2,0001., as the purchase money of a
scheme, to be called the Direct Birmingham, Oxford, and
Brighton Railway, projected by the plaintiffs, and sold by
them to the defendants. One of the pleas on the record waLl
that the defendants bad been induced by fraud to enter into
the contract ; eventually, however, the question in dispute
was, whether the evidence supported the declaration. The
declaration alleged that in consideration that the plaintiffs on
the 9th of October, 1845, would, at the request of toe de-
,kmdants, relinquish the advantages of the scheme to the de-
fendants, they, the defendants, would pay, itc. The evidence
skewed that on the Bth of October, the plaintiffs had is-
stalled a provisional committee to carry out the scheme. Mr,
Cockburn, Q.C., and Mr. Peacock, for the defendants, eon.
tended, therefore, that the plaintiffs had parted before
the 9th of October, 1845, with their power to fel- '
51 their contract ; and that though the provisional
eaamittee might have bear' ready and willing to ful-
fil the contract of the plaintiffs, the evidence never-
theless did not show that ocasideration moving from the
plaintiffs which alone could ninon the declaration.
Mr. Justice Erie, after hearing the arguments on both
lido, expressed his opinion that the objection was fatal, and
directed that a nonsuit be entered, reserving leave to the
plaintiffs to move for a new trial.
Tux QUEEN v. Jamas Burrow, Gummi BUTTON, W.
WILSPORD, AND THOMAS CORDUROY.--CONSPIRACY.—
Sir F. Thecag.er, Q.C., Mr. Clarkson, Mr. Ballantine, Mr.
Peacock, and Kr. Charnock, appeared for the prosecution.