The British Press; or, Morning Literary Advertiser.
London, England, 1825-01-14 00:00:00

LAW INTFI.I.IGENCE.

COURT OF CHANCERY, fIirIISDAY, J.tx.ll

Shortly after the LORD CHANCELLOR took his scat on the
Bench,

Hoer', T: said, my Lord, there stands a motion for hearing
respecting some collieries, and I have bmnrequested almost week
after week to bring it before your Lordship.s notice. flowerer. as
Mr. Heald, who is in it, is also engaged in a very long muse in
the N'ice.Chancellor's Conn, perhaps your Lordship will allow me
to make it on the next seal day.
Mr. HEALD—I am now here, and ready to go mi.
Mr. HORXE—I thought yen were in the long motion in the
other Court, and therefore It was that I made the application.
Mr. II carri--.I was in It, but I am not In it just now; I have
done, or very nearly so.
ThC LOUD CIIANCELLOIL—ACCOrding to the report of the case
you have to speak yet for some hours.
Mr. HORNS—I understand you have to proceed farther in
that case.

Hr.atn—l say I hare not. I said I had done, and it
would be strange if I did nct best know whether I had deice
or not._

Mr. HoRNE-1 have certainly to thank any friend for this mark
of courtesy.
Mr. IlEann—Courtesy ! Ni'here is it due? Von had no riled,
after *hat fell from me, to make such a statement. lam now
here, and ready to go on, as I have already told you.
Mr. HORNY:—My Lord, I disdain to make any answer to such
an .oliservalior—from such a quarter they are not unusual.
Mr. HEALD—I think it is quite tonuga for niy friend to judge
for himself.
Mr. Hort xr —I neither am now judging, nor was I be,forejedg-
ing for niv friend. Ilene-dim)), I can assure him, that he is the
last man shall ever judge cor.
Mr. liEalt-11....tt given me pleettert; lam glad to hear that and
lam also glad :Ivo it chanced.' in the Court when you corn.
m d
eoce
Mr.ll=l.-77rsure I can eawAttendy appeal to your Lord-
ship for it must be in your recollection that nothing uncivil
drooped from me.
The Loan Cuantetvnon—Nothing, certainly.
Mr. Holt:ix—l afn quite sure of that.
Mr. II EALD—I do nut say that your remarks were uncivil; but
I ant unwilling to have other persons to judge for me, when I ant
present tojudge for myself.
Mr. Hon WE—I was not judging for my friend. and your Lord-
ship will bear me out. thXt I said nothing uncivil. I only withal
that your Lordship would let the case stand over till the next seal,
for my friend's as well as my own accommodation; and notwith-
standing this conversation which has been forced upon me, I must
beg your Lordship will still allow it to stand over. ‘l'hatever may
be said, it is undeniable that the motion I have alluded to ii still
going on.
The LoaD CHANCELLOR—Let it then stand over. There was
no necessity for this warmth. lam now ready to goon with any
further motions.

No Counsel appearing to make any motion—
The lio RD CHANCELLOR observed, that it being stated to him
that the motions were in arrear, he had some weeks ago giten
notice that he would devote three days to hear and get rid of them.
Ile was the last man who would wish to complain ; but when he
recollected that on Tuesday he had 0 rise for want of motions
being made, at one o'clock ; when yesterday they came so slowly
forward ; and to-day that he must rise, between twelve and one
o'clock, because Counsel were not in attendance--when he Fecal-
lected all this, he was bound to say, either Atiat the motions had
been gone through, or that the Gentlemen who had to make them,
and did not appear in Court, had been guilty of great neglect.
Mr. HEALD—My Lord, it is because I know your Lordship's
object in attending to motions on those three days that I came into
Court this morning. The lan is, that I was really, but Mr. Home
was not, and I could not patiently l;ear it said that the delay *as
at all attributable to me.

The LORD CHANCELLOR—I am sure that all you Gentlemen,
who have known each other so long, are very kindly attached to
each other, and words that are passed were better not to be recol.
lected. It happens perhaps too often that Gentlemen are absent at
one side or other when causes are called on, and I do not wish to
be the first to complain, though so much of the charge of delay is
thrown upon me.
3lr. HitaLD had no wish whatever to recollect any words which
had just passed ; it was contrary to all the feelings of his nature to
indulge in the recollection of unpleasant things.
The Loan CHANCELLOR—I hope it is not in the nature of
any Gentleman to recollect them.

lEILSHAW V. CROWTHER.
The Court proceeded to give judgment in this case to-day. The
motion otiginelly prayed the Count to tax the coats, charges, and
expenses, to which the defendant (a lady) had been exposed in con-
sequence of an attachment having issued against her fur not putting
in her answer—the costs, &c. cl her having been taken into cus-
tody on the attachment—and the having been kept in custody for •
day and a half, after which period she was discharged. The qua.
Lion divided itself into two parts ; the first was, what costs were to
be paid for setting aside the attachment ? and the next was as to
the costa incurred during the proceedings on an action which she
had brought for false imprisonment, previous to an application
made to this Court to stay that ection. Upon the first pent, all it
was necessary to say was, that the costs must be paid. With respect'
to the second, an application was made to the %Ice-Chancellor to
give costs, which he very properly refused in the then stage of the
lroceedings. The question afterwards came before this Court, and
ooking to the doctrines laid down in Frowd and Lawrence, report-
ed in Bickel's, the Court was bound to restrain the action from
being tried. SVhtre an attachment issues for a process of re-
bellion, or any such thing as that, and where such attachment
issued irregularly, this Court will say whether the attachment
should be quashed, and if quashed, the Court will say those
persons are to be provides! for alto may have been so injures!. In
the case of May v. Hooke, before Lord Bathurst, his Lordship
left it to the Master to say what were the damages to be awarded in
a case like the present; so it should be in the present case. Here
the attachment issued irregularly—the trial was set aside—the party
was imprisoned for a day and a ball; and it was not for this Court
to limit the liberty of the subject by any given number of minutes,
hours, or days. If the liberty of the subject was taken away for
one moment, that subject was entitled to call for ample compensa-
tion, according to the constitution of this country. Here again
there was no malice—for the attachment issued merely and solely
through mistake. But, however issuing, if any injury occurred,
the party was entitled to redrees. The Court is further of opinion,
that the costs in this ease must be paid by the plaintifF; for it was
a mistake to say, that a Jury only could give redress for an irre-
gular proceeding issuing oat of this Court. The Court would in.
teriere, and in this case direct the Master to ascertain what damages
should he given. The various circumstances of the case—the rank
and quality of the lady—the suffering she had endured while in
imprisonment all these matters are to be referred to the Master.
Some damage must be given, but viewing it altogether, it was no
a case for excessive damages.
His LORDSHIP. seeing that no motion was about to be made
observed, that he would remain in his private room until two
o'clock. And he further begged to have it fully understood, that
these arrears, and this waste of time, were not attributable to him