The British Press; or, Morning Literary Advertiser.
London, England, 1825-03-17 00:00:00

THE BRITISH PRESS.

LAW INTRLi,I6I-YCIL • -
COWRY OF ORANCZRY, WznxitaDar, Mica 16.
rosiwarAw v. G•EIT.
Mr. SittallWiLL understood, when this cause was mentioned
yesterday, the Court ordered it to be heard on To:4day week. lie
had now to beg that it might be allowed w be delayed till Friday
week.
Mr. SVODZIf said it regarded tunnels and mines, which Counsel
here could nut do justice to without the assistance of persons from
Wales (where the property isj, who have local knowledge of the
premises, and he could not see what danger there was in having the
cause to stand over for a few days longer.
Air. SIIADWEI. I. sail, with respect to the danger, there certainly
war a danger, inasmuch as the parties apprehended a deluge burst-
ing in upon a vast number of miners, by other miners breaking
through certain boundaries,
After a few more uninteresting observations from the Bar,
Ilia LORDSHIr desired it to stand ever toe Friday week.
YOWL V. ?OWL.
t riin The pleadings-t.olirotrrmo medtehnated
that his clients,children four of the tea-
tatwho died in 1815 possessed of
considerable estates in the county of Kent, during the minority of
his children), might be let into the full possession of all the testa.
tor's estates, devised to them by his will, dated in the year 18013,
they having all now attained their ages of twenty-one years: that
Mr. Salmon, the receiver, might be ordered to produce all books,
accounts, and papers, relating to the estates and cause, without
any indemnity being given to the receiver for any balance he may
allege to be due to him • and that the costs of the present motion
might be ordered to be Paid by Mr. Salmon, the application having
been rendered necessary by an alleged disobedience of the order of
the Court made in July last. The plaintiff& are illegitimate
children of the testator in the year 1817 31r. Salmon was ap.
pointed the receiver by the order of the Court; prior to the mouth
of July, 1824, two of the plaintiffs attained their majority, who
then moved to be let into possession of the estates, and for an
order calling upon the receiver to produce all papers, &c., and pass
his accounts; upon that motion the then plaintiffs were let into
possession of part of the estates, and the papers, &c. were ordered
•to be produced. Mr. Salmon, however, has produced only part
of the papers, &c., and therefore the present motion was, that the
additional two plaintiffs might be let into the possession of the re-
maining part of the estates, now in the hands of the receiver.
lit. Cn it sin, coutra, considered the motion totally irregular, and
therefore, instead of the Court granting it with COMA, he felt confi-
dent his Lordship would dismiss it with costs. It had been fully
heard last year, when it was disposed of; and yet the plaintiffs had
thought proper to bring it forward now again, without any amend.
ment or any variation whatever, in the hope of getting something
beyond what the Court formerly ordered. Mr. Salmon was not
only the receiver, but the next friend of the plaintiffs, who, when
appointed receiver, found the executors had ulismanage;d the
estates, and thereby involved the plaintiffs in great pecuniary dis.
tress, to alleviate which Mr. Salmon advanced money, and used
every exertion dower to the present moment for their benefit; he had
passed his accounts before the Master till Michaelmas, 1022, when
there was a balance of nearly 30W. due to him for salary, costs,
&e. ; and lie was perfectly willing at this moment to go into
the Master's office to pass all his accounts down to this day,
provided the plaintiffs were called upon also to go before the
Master to account for all the moneys they had received both from
the sale of the produce of the estates and by other means from the.
estates.

Ale. LoxcLET, in reply, denied that the motion had been dis-
posed of last year, and the length of time !Ur. Ching had occupied
In arguing the motion showed the accuracy of his (31r. L.'s) state-
ment. lilr. Ching had expressed surprise that no affidavit had been
made finding Ault with the accounts which had been produced ;
the plaintiffs certainly, on the face of the accounts, found fault with
them, but it appeared to their Counsel to be premature at present to
make an affidavit on the subject, and Mr. L. could not find that any
satisfactory answer had been given to this motion; consequently he
hoped the Court would make an order according to the terms of the
notice.

Ilia LORDSliir desired to see the wall and the Master's report,
which he would read between this and Friday morning, when he
would say what sort of order the Court ought to make. It was not at
all accorduig to the principles on which this Court usually acts,
that a Receive should be permitted to become the next friend of
the infants interested in the property forming the subject of the
ease; his Lordship however did not mean to say there might not
be sufficient greth:d shown for that to be so in some particular
instances, and there might be a case where a lady (as Mr. Ching
had represented here) was not sober night nor day, and therefore that
it was mercy and kindness to the children of such a lady that the
receiver in the cause should become the next friend to them. His
Lordship would also make this genersl observation with respect to
Receivers, that they seemed to think that they could not be called
own to pay money into Court unless upon the passing of their ac-
counts. 1 his observation applied to Receivers who had money in
their hands, and the Court thought they ought to be undeceived in
regard to this point ; for at any moment, upon a case being laid
before the Court, if they had money in their hands, the Court could
call for it to be paid in the name of the Accountant• General. The
order his Lordship at present considered ought to be made seemed
to him to be of this nature, calling upon the Receiver for a due in-
spection of all accounts, papers, &c. not visiting him too harshly fur
becoming next friend as well as Receiver, calling upon him tode-
liver full possession of the estates to the plaintiffs, they giving
ample security for any balance that may be due to the Receiver
chargeable on the estates. A balance might be due to a Re.
ceiver from infants upon their coming of age, not chargeable on
the estates.

SHERIFF'S COURT, LANCASTER, FRIDAY, DlAacu H.

LEWIS, ESQ. AND OTHERS, AGAINST TWO OF THE INII•DIT.

ANTS OF THE HUNDRED OF WEST DERBY.
This was an action brought to recover compensation in damages
for the injury done to the Theatre Royal, Liverpool, during the
recent riots there, occasioned by 311 as Cramer's `• appeal to the
public."
The defendants having, under the direction of the Act 3 George
IV. suffered judgment by default, the damages were assessed in
the Sheriff's Court, before NV. FELI„ Esq. barrister-at-law (the
assessor), and a most respectable Jury, when, after hearing Mr.
Venal)les and Mr. Dundas, as Counsel for the plaintiff*, and calling
their witnesses, the Jury awarded the sum of 2364 being the full
extent of the damages sustained by die plaintiffs, together with the
costs.

POLICE.