The British Press; or, Morning Literary Advertiser.
London, England, 1825-11-15 00:00:00

L,IW NuTICES.

ROLES COURT.
'rite lhasiffeof the Rolfi will hear causes. further dree!iont, and
pttaions by regent, on Saturday next, the 19:h inat. at nine in the
woinfv.
twiltion'day at the Rolla Tuesday, the 29th November,
a. nine in the /porting.
Awn traders at the Rolls on Wednesday, the 30th of November,
at ten in the morning„

COURT OF COMMON PLEAS.
No sittings in the Common Mai till to-morrow, the 16th inst.
COURT OF EXCHEQUER.
f DADSF.9 TiltA DAY.
Miner v. Jackson Dean and Chapter oL.I Evans r. Williams
Capper t. Pagdat. York v. Middle.l Bamford v. Archer
Price v. Spencer - burgh Davies r. Evans
Hugo ti. Job Atkinson v. Hutton I Bossingham v. Boar
Norma v. Hammond Fielder v. Meynell
Court site at ten.

LAW iNTELLIGENCE.
&MT OF CAANCERY, MONDAY, Nov. 14.

ockwetwarow a. rnwityr CIL
31t. eflassington odareseed the Court this morning from the flaw,
and curnp!.dned that notice had been given that this appeal would
rate ott the fir. t diy of the sittings ; and although fourteen days
had how elapsed, it had not been mentioned.
The LOUD Cwarfest.coa &aired him to communicate what had
ported to the solipliters, and said that the subject might be mentioned
in Count this day wpek.
' Cocictarti. V. CIZA3IIF.Rs.
The LORD Cuascoccoo gave lodgment in this cause. The
plaintiff was a widow, and being possessed of one thousand pounds,
married, and atterwartlathe same was settled upon such trusts as she
should appoint, with remainder to her and her executors. The
trotter, sold nut without any such direction of the wife; and the
hancellor ordered them to restore it. Ile however directed that
She should elect to take this, or under the husband's will ; and
Mr. Stronrs. accordingly, at cute elected for her to take the
one thousand pounfi.
Several bankrupt cam were then called on ; and no Counsel
bwitig appesredin them.
'fihe.Lonn CAA NCELLOII ordered them to be struck out.
r. ;Inning wished to know whether the Court would permit
them to reirbtin on the paper, so u to be called on when Counsel
wen In Court.

The Lonn CHANCELLOR had no objection to their remain-
ing in the paper, to he sidled on Arlin on another diy ; the Re.
'ismer not failing to take a note gfthe cause of their standing over,
namely, the lament* ocCounael.

VICE CHANCELLOR'S COCRT, Monnair, Nov. 14.
Ilia Honour the YicE-CtiaarcELLOß took his seat on the bench
at half-past ten o'clock.
ABUSES AND DELAYS.
On the last day of sitting his HONOUR made an order that two
Soli:hors of this Court should pay the costs incurred in consiquence
of their neglecting to furnish the'Court with the papers necessary to
be submitted to it in two cases in which they (the Solicitors) were
wirer', ed.
This morning one of the Solicitors appeared, and submitted to
the Vice-Chancellor's order, by paying the costs of the day.
The other luny came before the Court, and attempted to explain
his neglect and avoid payment of costs, by stating that he had taken
care to make out the copies requisite for his Honour's use in due
tir,e; but, by a singular and purely accidental oversight, left them
behind at his country house ! This was a mere accident, and was
not an attempt to delly the proceedings of the Court !
The Vicg-Chafelisaxot.-.Let me have an affidavit in which
these atatemhnts will be satisfactotily proved, and a full expla it'.
no- given on oath. I cannot otherwise remit the penalty imposed.
In the course of the day an affidavit was filed by the solicitor last
rneritioned, stating that he had been prevented by illness from at.
tending in person to the conduct of the case,:and had deputed his
son for that purpose. The necessary papers were left by mistake at
the deponent's house in the country.
the ViCE.Ch•hCE4l.oa—Let him be excused the costs of the
day.
la a case in which Mr. Skirrow was instructed to make appli.
cativo for a month's time to citable a defendant to pot in his &o-
bits" to an amended bill, and iu preparing which it was sworn " all
doe diligence" had been used,
The Vica-Cnaxsei.Loa observed, there must be an amended
affidavit before the Court could attend to the application. IVhat
was meant by " due diligence ?" It was necessary for him to know
what had been done ; and he would then judge whe.her or not
•• date dial see" had been used. The opinion of the Court might
be very different front that of the Solicitor as to what constituted
due diligence. The &wooded bill appeared to have been filed on
the 12th October, and now, after a lapse of a month spent, the
Court knew not how, it was sought stn obtain till the 12th Deeem.
ber, which would in fact be throwing the plaintiff into Hilary
Term. Considerable .delay appeared already to have occurred in
ihu.sisse, and the Court would nut consent to sanction any further
waste of time in this or any other case, in which it was not distinctly
proved on affidavit that every moment allowed by the forms of the
Court had been taken advantage of. Let the party amend his gni.
davit, and in case he does not, the application is refused. with costa.

COURT OF KING'S BENCH, WESTMINSTER,
MONDAY, NOT. 14.

.71
STAINER P. COZENS AND ANOTHER.
this was an action of replevin tried before 31r. Justice Gaselee,
at the last Somerset Amines, and a verdict obtained fix; the defend.
:zip, with loam by the Learned Judge to move that this he set
asnie, and a verdict entered for the plaintiff, if the Court should
/ be of opinion that a tender made under certain circumstances was
i 141;. F, WILFIAIIS now moved on this point. The plaintiff, it
appears, M a tenant of Sir Wm. Manners; the defendants were the
stemuud at Sir William and the nistraining officer. :Nally after
Michaebaes-day, in the year 1824. the plaintiff; • accompanied by
. another person, went to pay his half year's rent, due the preceding
lAdy-day, and amounting to 2211. 10s., which he told out in bank
E3:41, on the table before the steward, saying to him at the saute
1 eine, "II am come to pay your rent ;" upon which the steward
mad, " I will not take it unless you will, on my giving you a re.
ce.pt for that, acknowledge that there is an outstanding account for
MIL" The plaintiff would not make this acknowledgment, and
toe money was not paid. [ln respect to this claim of 1001., Mr.
Williams said that this would be the most convenient opportunity
for Ids informing the Court that its validity bad been disproved in a
4. t rapelieutta
vactimon,forintiLhieho
plaintiffTlnatchie"prfeoser
natfaaclT disitresAss, theret ere LI
beat considerable disputes In the neighboarisond, the plaintiff war
11
anxious to make a tender which would be liable to no objection,
and for this purpose, taking with hint his brother-itOsw, he was
*gain to the steward to make another tender. He said to him, is f
ens moss to pay my rest, but you must give me a receipt." Nam
it imaknown to their Lordships Nat, by an Act of Parliament, be
was =tided to a receipt, and thu I refusal subjects the refuel*
paw to a penalty of 191.
'The Loa° CHIC/ JUSTICE—But then you must tender him $
eke* with a proper stamp.
LIZ. WILLIA*S—I gave in evidence that a proper receipt was
i inderrii.
thl LORD Catar Juseict —Was a receipt offered at the Ira
: indtt ?
Ur. WlLLtaita—That did not appear. It was also proved it
t' utriel. that a few day, after this the other defendant came with a
d;iness warrant. The plaintiff said to him, " There is no necessity
inr a distress; here is the money," and tendered it as before; up=
welch the inan said, 't The money looks very tempting, but I wee
.adieged to take sands and sot Money."
Pm LOAD CHIT, Juretca--Did it appear fur what sum be
came in distrait) ?
41s. WiCa.saus read the warrant of distress, from which it ap.
petteed that the warrant was for 2211. 10s. being the amount of Nat
d mast bad pelay. •
(it Ebe LORD Cup, JUSTICE—Had there been a pterimm tam' .
tri-ds ?
At Wrs.s.tases—.These had been a precious distress, and on a
_..

lorattilseti *tress—
'lb, beet, .01/HElJusincw—ft hi very distressing to me when
yell is ant ewe a satisfactory answer to suy questions.
far. W 111.41111 said that he always felt the greateet egret
wheat., did not *prebend their questions.
tan Lomb Carrrr Jvivilcs—Hess you looked into the books*
the

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