The British Press; or, Morning Literary Advertiser.
London, England, 1808-08-02 00:00:00

LAW INTELLICEPICE.

COURT OP CHANCERY, lancoLiewbv, AIM

INJeNZTION.
',RUC= V. DOWNS 411 d OTKETtf.

Sir SAMUEL ROXILLT moral for au injunction
to prevent the Defewlauts from prosecuting ad as
tier' in ejectment. . •
The circumstances of the cue were, that the
Plaintiff, in the year 1803, was a Isanker,iu Here-
fordshire, and had an interest in a mill in the
neighbourhood. At the end of the year 12031 a
Commission of Bankruptcy issued against him.
The Defendant, Downs, was agent to the Com-
mission, Assignee, and one of the Commissioners.
The Plaintiff came to an understanding with hia
creditors, and paid fifteen shillings in the pound,
with a promise, if he was ever able, he would pay
the remaining five shillings. The mills which be-
longed to the Plaintiff were mortgaged for the
sum of 4,1001. The Defendants agreed to pay
off that 'mortgage, and to advance a further sum pf
7001. to the Plaintiff, and to let the mills to the
Plaintiff for 2401. a-year, with the priVilege of re-
deeming the property up to 1007, by paving the
'sum so advanced. It appeared that the 7001. had
not been paid, and that in the year 1800 the Plain-
tiff was asked to sign a deed cf conveyance to the
Defendant', which he refused, saying, that they
were ooly the mottgagees; on which the Defendants
brought am ejectrneut.
Sir SAMUEL ROstitve and Mr. HART contend-
vt, that the Defendants could not be considered in
any other respact than as mortgagees. Tbere never
had been any deed executed by the parties, anti the
Defendants, in their answer to the Bili, tdmitted
• that the Plaintiff had a right to reclaim the pro-
perty in 1807. The property was worth 3001.
a-year, and it never could be expected that the
Plaintiff, a man just emerging from difficulties,
would have been so improvident as to have sold a
property worth 5011. a-year fur so small a premium.
The Plaintiff had been obliged to file his Bill in
that Court to oblige the Defendants to return
that which they acknowledged he hid a right
to reclaim. There was no equity that could
jestify the Defendants proceeding by an eject-
ment; end if en injunction was not grant-
ed, the Plaintiff would be turned out of pos-
session of the stills, by which he would be ren-
dered unable to perform his promise to his credi-
tors, of paying them the difference foie 15s. to
dos. Su .Ic-terinined was the Pldiutiff to keep his
promise, that his wile had avowed that she would
never again enter Hereford until her husband's
debts ware paid, and in no instance had she de-
parted froid that promise. The Learned Counsel
observed, that they could not help remarking the
peculiar interference of the Defendant, Downs, in
the unfortunate bankruptcy of the Plaintiff. He
was an attorney ; he acted as the solicitor to the
Commis ion ; lie was a creditor of the Plaintiff.
and proved a debt under the Commission ; he was
also assignee ; and, what was more singular, he was
the Commissioner under the Commission of Bank-
ruptcy ; and, lastly, they found him the pretended
purchaser of the remaining property of the Plain-
tiff ; that property, which formed his only hope of
being aide to perform that promise us an holiest
man which he had given, and which he intended to
fulfil, if the means were not taken away from him.
They felt confident lie Lordship would not cc-
knowledge Downs in all the different situations he
field, so dissonant from the feeling of the Court in
all other cases. With this idea they trusted his
Lordship would grant the injunction ; it was not
only the welfare of the Plaintiff that was con-
cerned, but that of his creditors.

Mr. RICHARDS and kir. Cook, Counsel for the
Defendants, codtowled that if the Defendants were
not the purchasers, yet they stood in the situation
of the onginal inprtgagee, and as such they had a
right to choose their tenant; and the very cause al-
leged in the Plaintiff's bill warranted their removal
of hiin. The property was worth 501. a-year, and
the Defendants certainly hail a right to get the
beat rent they could ; and, although they admitted
that the Plaintiff was entitled to regain the pro-
perty by paying oft the mortgage or original pur-
chase-money in 1807, yet lie had neglected to ten-
der it. Under these circumstances they trusted
his Lordship would not grant the injunction.
The LORD CHANCELLOR granted the injunction,
on condition that the Plaintiff would give an un-
dertaking to give up the possession, if the Court
should determine so, oil the hearing of the cause.

On Thursday Dr. Coax/mm.7. was enthroned
Bishop, in Worcester Cathedral, by proxy. The
Rev. Mr. Cairn N was proxy on the ecca•ian.
The 18t1i regiment of dragoons, which i 3 going
with the next expedition, is expected at l'ortsurouth
roan the Downs.
The Irish Mail. which has hitherto pasted
through Chester, from London to Holyhead, is
directed to be conveyed through Shrewsbury, and
by the Sept! Cerig Road. This alteration, we
nudenitand, will take place in a short time :
sth of September, and the ith of October are
both mentioned.

The St. James's Regiment of Volunteers, com-
manded by Colonel Lord AriramaT, assembled at
their l'arade in Dufour's-place, oo Thursday after-
noon, but the weather proving so very unfavour-
able, the corps did riot leave Parade, but proceeded
to private bossiness by electing a new Committee,
&c. Tim President of the regiment, Mr. Tt:eas,
came to a table iii the centre of the regiment, nn
which was placed the very handsome service of
t!ate voted a short time since to Major Downs ;
ar. Tenn% in a neat speech. presented the plate
in the name of the Officers and Non-commissioned
Officers of the Regiment, as a token of the high
seize, they entertained for his unwearied activity in
perfecting the dimioline of the Regiment, lice. To
which Major Downs in a neat speech returned his
thanks, which was received with great applause.
A poise of so guineas was voted to the Qaarter-
ms..ter fur his services. Lard AMHERST then ad-
dressed Major Downs front the head of the
itegi-
weut, saying, he took that opportunity of pub-
licly acknowiedgiii% the great assistance he had
ever received front him since the formation of the
Regiment, awl congratulnted hint on the manner at
which the Rvgiment had "'pressed their spprolri-
tion of his conduct, and itt which he most cor-
dially agreed.