The British Press; or, Morning Literary Advertiser.
London, England, 1825-12-12 00:00:00

VICE-CHANCELLOR'S COURT, SATURDAT, DEC. 10.

After a few motions of no interest had been heard, the ease of
Pemberton v. Oakes was called on, and
Mr. GARRATT proceeded to state the Master's report, and the
exceptions thereto, when
Mr. HEALD entered the Court, and, interropting the Learned
Counsel. informed his Honour that it had been arranged between
the Counsel on all sides that application should be made to the
Court to postpone the hearing of this case until I(londay, for the
convenience of the two Common Law Counsel (Mr. Marryat and
Mr. Taunton) who were retained in the cause, and who could not
attend this morning.
The SOLICITOR GENERAL had understood that Common Law
Lawyers were retained for the purpose of as.uring the Court that
the cause must go to another tribunal (the Court of King's Bench),
although for his own part he conelival that the question was
one not of such difficulty as to require those learned Counsel's
attendance.

Mr. Haar thought the Court of Equity would be come to a fine
pass if it did not know how to dispose of soca a case as this, with-
out the assistance of Common Law Lr.wyers.
Mr. iIEALD was also of opinion that the question was a very
short and a very plain one; but since the attorneys on both sides
seemed to wish for the assistance of the learned gentlemen from
the Common Law Courts, he hoped his Honour would postpone
the case till Alonday.
The SOLICITOB.GENEBAL said he should be engaged on
the Commission of Review in the Conti of Chancery on that day.
The Vice-CHANCELLOR—Then let It stand for Tuesday.
Several other eaves were now called on, but Counsel had not re-
ceived instructions in any of them ; the ease of Pemberton and
Oaken having been so unexpectedly postponed.
The VICE-CHANCELLOR raid, as no other rule appeared to be
ready, be regretted having seceded to the postponement of Pem-
berton and Oakes. It would be a good thing if the Ceurt in future
made it • rule never to consent to postpone a ease after it had been
called on.
The Court rose at two o'clock.

COURT OF. KING'S BENCILGruDHALL,

BATUILDAY, DEC. 19.

The Court was occupied the whole day on Common Jury causes.
none of which were of public intemt.

COURT OF COMMON PLEAS, SATUNDAS, DEC. 10.

(Before Mr. Jos:ice Bunnouon and a Common Juq•l

ILLIFORTIIY V. 91R MASerli AIANASSEII :OPE7.. DART. M.P.

Mr:Sergeant WILnE stated that this was an action to recasts!
.the amount of an Attorney's bill, which had been incurred in the
Parliamentary management of limit and West Lox. 1t appealed

~'~ y

that Sir /if. Lopez was a gentleman who Rink particular interest in
claiming and enforcing the rights of certain individual+ who alleged
they were entitled to vote at the elections at those places. Whether
Sir M. Lopez did that merely from patriotic motives, or whether,
according to some or his own expressions, he expected that " grati.
tune should be shown to h;m in due and proper season," wss not
now to be the subject of discussion. The only question for the
Jury to determine was, whe:!lct the plaintiff had or had not been
retained by Sir M. hopes to perform those services for which he
now sought compensation? There were certain families who re_
sided in the neighbourhood of these boroughs, and who were said to
exercise considerable influence there. Between them and Sir M.
Lopez questions arose respecting the extension of the right of
voting, Sir Masseh contending for the right of all the resident in.
Habitants to vote at elertions for Members of Parliament, while his
opponents wished to limit that right to a certain class of persona
who were non-residents, but who had hitherto exercised the elec.-
five franchise in the florcaighs of East and West bnoe. To decide
I these questions, it became necessary to institute certain legal pro-
ceedings in the shape of motions for mandamuses and quo war-
rant.s, and to have long and learned discussions upon them.
These proceedings were extremely expensive. but these expencen
Sir M. Lopez had undertaken to bear. He understood the defence
iptended to he set up was, that the plaintiff had not been employed
by the defendant, but by • Captain Nicholas, who was • resident
in one of the boroughs, and who had been made a relator in one of
the informations on quo warrant°. That defence he should, by
anticipation, show to be unfounded; as he should prove the re-
• "ner of the plaintiff by the defendant, in a manner so satisfactory
as to leave no doubt on the minds of the Jury as to which aide the
justice of the case

Mr. Elworthy, the brother of the plaintiff, proved a number of
ro,tversations between the plaintiff and defendant, in all of which
the latter treated the former as his solicitor. Re also proved that
Sir Masseh had advanced several sums on account, all of which
'UM; were admitted and set off by the plaintiff. Some letters of
the defendant were read, in which he spoke of the hish services
that the plaintiff had rendered to the household inhabitants of East
and West Looe, of the joy they were said to have expressed on the
occasion, and of his hope that they would not fail to show their
" gratitude at a proper season."
Mr. Nott, the clerk of Mr. Merewether, proved, that in 1824,
before the proceedings alluded to had been instituted, Sir blasseh
hopes called at Mr. Merewether's chambers, in Chancery-lane,
and asked for that gentleman. iVitness, who did not then know
Sir Masseh Lopez, required to know whether he was a professional
gentleman ? and being answered in the negative by Sir Masses,
who gave his own name, the witness said Mr. Merewether made it
a rule not to see gentlemen nista% they were attended by their adli-
citors. Sir Masseh observed on this, "Oh 1 I know what you
mean, but I wish to feel ivy way first." Vl'itness repeated what
he had before said, and added, that if Sir Maaseh would bring hit
solicitor, witness would then give him an appointment. Sir
Masseh then went away, and subsequently brought the plaintiff,
who frequently attended him in his consultations :with Mr. Mere-
wether.

AVhen the ease had proceeded so far, the Learned Judge having
expressed his opinion that, unless the defendant meant to impeach
the credit of the last witness, he could give no answer to this pan
cf the case—

_
Mr. Sergeant VAUGHAN, at first, seemed unwilling to yield,
but afterwards arranged with the plaintiff's Counsel that the bill
should be referred to the Prothonotary, with power for him to exer-
cise his own discretion upon all the items of the bill.
Mr. Justice BURROUGH, conceiving there was an end of the
case for this day, told the Jury they might now retire, when
Mr. Sergeant VAUGHAN said, he must first beg leave to ad.
dress a few words to them upon the question of the retainer of the
plaintiff.
Mr. Sergeant Wit.nz then claimed the right of calling up an.
other witness to corroborate the previous testimony, which he did ;
that witness declared that in a particular :conversation with Sir M.
Lopez, on the subject of the retainer of plaintiff, the defendant
spoke of him as the attorney he had retained, and added, " he shall
take the case into Court, and if he conducts himself like a man of
honour, I will make a man of hint." Witness had always looked
at Sir filasseh as the principal man.
Mr. Sergeant Vauotiaw then addressed the Jury for the defend-
ant, and contended, that although Sir M. Lopes might, in some
measure, hare felt in•erested in the contest, as to the political rights
of the inhabitants of East and West Looe, yet. that Capta,n Nicho-
las, and the other residents of the boroughs, who were really inte.
rested in the question, and who were to be benefited by its decision,
were the only persons properly liable. He said he should call Cap-
tain Nicholas, who would be able to inform them of the whole na.
tare of the transaction, 'and who would tell them, that on none of
these occasions had the defendant been considered as the employer
of the plaintiff, In the course of his address, the Learned Sergtant
spoke of BOW, as paid on account by Sir Mauch Lopez to the

Justice BUZIOUGH observed, it was rather an odd circum-
stance that a man should pay so much, if he was under no obliga-
tion whatever. The Learned Judge added, that he wu of opinion
that the defendant had, by his own conduct, made himself liable,
even though he might not have intended to employ the plaintiff on
his own behalf.

Mr. Sergeant Van nag said. if that was his Lordship's opinion
of the law, as applied to the defendant's conduct, he must submit
to have a verdict against him.
A verdict was accordingly taken for a nominal sum, the amount
of the bill being referred to the Prothonotary.
PREROGATIVE COURT, SATURDAY, Dtc. 10.
This day being appointed as an extra sitting, the Court was oc•
copied in hearing the exceptions taken to allegations put in io
various cases.