The British Press; or, Morning Literary Advertiser.
London, England, 1824-11-02 00:00:00

LAW INTELLIGENCE.

COURT OF CHANCERY, Aldinar, Nov. I.
This being the first seal, his Lordship took his seat at a quarter
rid ten lie arrived in town on Saturday night, and looks ex-
tremely well, much better than when the recess began.
/I ATESII r. SIR ?RARE'S BARING AND OTHERS.
Mr. II ART moved, that an order made in this case by his Lord-
ship in the vacation might be made absolute. unties the gentlemee
nn the other side showed canoe against it. It was an application
for an injunrion to restrain the Alliance Company from effecting
insnsancts and lending money on bottnmry.
The Sostctwon-Ot rtwaris understood that this had occupied
a great deal of his Lordship's attention after the Court had risen ;
his Lordship knew that the liar had not been long in London ;
that this raised a most important question, affecting this institution,
and that as it was highly necessary Counsel should have an oppor-
t nifty of consulting with niany most respectable gentlemen in the
city, he hoped his Lordship would postpone the hearing of the case
tart the present.
Mr. HART strenuously opposed its standing over, his lordship
lasing made a peremptory order that cause should be shown on
the first seal.
His LORDSHIP could not think that his order, stating•that a
rase should come on on the first seal after the long vacation, should
,qvseiably have the effect of being understood that the Bar should
Le prepared to argue it on that day. It was then put down for
tt edneat.
His Lordship has employed much of his time in reading papers,
.1 which he has made great progress; he will, therefore, on Thurs.
sate what judgments he will immediately afterwards give,
tt on what days; he will not be able to sit on Wednesday, hut
Ilaster of the Rolls will sit in his place. to hear such motions
Can be discussed before him.

ATTORNEY-GENERAL r. }Maxis.
P.:. HORNE made a motion in this case on tl.%e grounds. The
A ttor,er-1; encral had filed a bill against the defendants, imputing
n, them peculation and mionanagementufproperty belonging to
puoiic haritable institutions in Lancashire. Ili* Honour the Vice-
I 'iracellor, having heard the demurrer put in by the defendants
Argued, thought proper to overrule it and order them to put in their
aroma ; they gave notice of their intention to appeal to the House
of Costs ; this, however, they were unable to do. as the session
had terminated they therefore applied to the Lord Chancellor due.
Ira! the illness of the Vice-Chancellor, for an order to stay prom-li-
mp •niil the decision of the intended appeal to the House of Lords
sboukl be given. Ilia Lordship granted the order on the 11th of
August last. The plaintiff. however, took out attachments the
very day after. in the teeth of that order : this was not right ; nei-
ther ratty could stir a step in the case after his Lordship had order-
ed the proceedings to be caved ; if they did, they committed an
actual contempt of Court. The Learned Gentleman concluded his
r:asoning, by moving that the attachments taken out be withdrawn ;
a- d that the plaintiffs, who took it out, should be ordered to pay
the costs of them.
31r. HART °prised the motion. The question was not of that
e•Tltteire importance to the public which the adverse party had
staled. His client had searched the Register's book for the al-
-I:red order to stay the attachment• and did not find it.
Mr. Holism—Not find it! Oh, he could not have searched
for tr.
lit. HART—I have an affidavit to that effect. He was not able
to tied it.
?IT 11ORSIt—Then let the Register's book speak for itself.—
Will rur Lordship have the goodness to direct the book to be ex-
atnir.d for the order ?
The Loan it ANC ELL o a—l'ertainly.
The Register, having examined the hook. declared that there
was an order to stay the attachment in this case on the 11th
August.
M. HORNe—What becomes of your affidavit now?
11r. Ilmyr.-31y client's clerk states, that he was informed by
the Register's clerk that no inch order had been made.
The Loan I'IIANCELLOR.—bet tie sec your affidavit. (The
affidavit having been handed to his Lordship)—What is the mean-
ing of Agent to a Sit-clerk, which I bee here ? What is his
busir.ess ?
Mr. Hart's client stattal to his Lordship, that the Agent was a
person who manages the business for the Six-clerk.
The Loan Ca•NoEnkos—And what does the Six-clerk
hiniself
SOLICITOR—Attends the Master.
Loao fUr A NCE Loa—Then he is entirely out of the business
tits own office; he does nothing in it.
Son IClTOK—Nothing, my Lord.
The LORD CHANCELLOR raised his hands and eves, in appa-
rently strong surprise. and after a pause—" When I came into this
Court the Six Clerks were the most efficient Solicitors in the
Court of Chancery. Some of the moat eminent Solicitors were
Jerks of that class, and used to transact their business, and draw
up minutes with such ability, that we had few or no motions to
wary minutes. But now the Six-clerk abandons his business to a
person who knows nothing at all about it. It is no wonder, then,
that delays have crept into the practice, which we formerly knew
earthing of. flowerer, before it proceeds further, I'll take care that
Solicitors in this Court shaft be obliged to transact their business
to person."
Mr. HART proceeded to argue against the motion. His client,
not having bcca aware of the existence of the order, was taken by
surprise. a
Mr. SPENCE followed on the same ride.
Mr. HOAX!: replied at ccmsiderahle I. netth.
74-, is"... Go. • • t:II, having explained the usage of the
Jiouse of Lords relative to the, hearing of appeals, said the
yeeweret motion was important, as it would give publicity to the fact
tt,at appeals might be made directly front the 31aster of the Rolls
wad the Vice.Chamellor, without an intermediate decision by the
Lord Chancellor.

Mr. Justice B said, that the initials upon the property'
must have informed them that it came from Comont as consignee.
The 14011 D ClttErJe ST ICE—The voluntary blindness of the de-
fendants should not deprive the plaintiff of his rights. None are so
blind as those who do not wish to see—none so deaf as those who
do not wish to hear (a laugh).
The Learned Gentleman proceeded to insist that the letter of in.
structione conveyed an authority to the consignee to pledge the
property, which made this case an exception to the general rule of
afeeting consignments.
The Loan Cut er J ureic' in giving judgment said, that there
was no principle of law more highly necessary than that which pre-
vented consignees! from pledging for money, property consigned to
them from abroad. No principle could tend more to int-mote the
confidence of foreign merchants in the credit of the country, and to
sdiranceits commercial interests. And if he might express an opinion
OD the policy of the law, there was no rule of law which, for the sake
of those interests, he would be so-sorry to part with. By the ad.
vances which had been made in December to (7omont, it only
enabled him to prolong the period of his banktuptcy, and this was,
of all the mischiefs of bankruptcy, the greatest; as soon as a
became really a bankrupt, it was the interest of his creditors tgrartsohe
should be immediately
.declared so; for by delay he only aug-
mented his difficulties, involved new sufferers, or only substituted
one class of sufferers for another. The letter of the plaintiff' did
not in has opinion convey an authority to pledge the cotton for
money, and as the defendant, in making advances (if be did make
them) did so at his own risk, the rights of the consigner should
not be prejudiced by his want of due precaution.
Mr. Justice BAY LIT and Mr. Justice If OL BOYD concurred in
the opinion of his Lordship, and assented not only to the opinion '
of law as laid down by his Lordship, hut also of the policy of such
a law, which they trusted would continue, and which was Calculated
to increase the credit and commerce of the country.
Judgment entered for the plaintiff for 2,1111 L Iss.
PRACTICE OF THE COURT.
Several eases were called on, but the Counsel were not in at-
tendance.
The LORD en, tr./ wit ler said, that if cases were called on, and
one Counsel in attendance and the other not, and there was no other
business to occupy the Court, the Court would hear the party in
attendance, dispose of it, and then certify before the Lard Chancel.
I tor, should the case be referred, that Counsel were not in at-
tendance. It was intimated that several Gentlemen were at the
Old Bailey, and in attendance at provincial sessions. Ills Lordship
said that !ICUs(' would not avail. Lord Ellenborough asked him
(the Lord ('hierJustice) on one occasion where he had been, when
a case was called on in his absence, in which he was concerned. lie
replied. at the House of Lords. Lord Ellenborough said that was
a sufficient excuse, as the House of Lords was a Court of su-
perior
jurisdiction to that Court, but he would not have excused
his absence if he had been at an inferior Court, and preferred to en.
gage himself thee. Ile (the Lord Chief Justice) would act on a
similar principle.