The British Press; or, Morning Literary Advertiser.
London, England, 1825-11-24 00:00:00

LAW INTELLIGENCE.

COURT OF CHANCERY, Warnittnat, Nov. 23.
WARD OF THE coral's
Mr. CHINO moved for an injunction to restrain Mr. William
Wells, &medical student of Bartholomew's Hospital, from commu-
nicating directly or indirectly in person, by writing, or otherwise,
with Susannah Adams, a ward of the Court, during her minority,
or for such oilier time as the Court might deem fit.
The application was grounded on the affidavit of Mrs. Ann
Jenner, the ward's mother, which stated that het daughter, who
was 17 years of age, was residing at s respectable boarding-school
near London, and was entitled to a property of 28,000/. ; that the,
deponent, subsequent to the death of the ward's father, inicrtharried
with a Mr. Jenner, who now resided in Wiltshire; that In the
course of the last year (or the year before) Miss Athena, being in
delicate state of health. went to the country, where she became ac-
quainted with Mr. William Wells, a medical student, who was
now (as it was termed) 6' walking the hospitals;" that the said
Willisin Wells was aged about 22, and had no property, but was
dependent for his support on his father, who was also cif 'the media
cal profession; that on the Bth July last the deponent received a
letter from Mr, Wells, jun. stating that he entertained sentiment,
of an honourable nature towards her daughter, and praying that she
would consent to their being married ; that on receipt of this letter
she consulted with her friend'', and, by their advice, *TOM to Mr.
Wells, telling hint that his addresses to her daughter did not meet
her approval, or that of her friend's and, for further information,
referred him to her solicitor, who also wrote to Mr. Weill', inform-
ing him that the friends of the young lady WVs averse to their
union, and expressing a hope that, as Mr. Well. knew this
their determination, he would respect their feelings, by not Terse,
yering in a pursuit which could be attended with no benefit to him,
but Might. on the other hand, subject him to very serious cringe.'
nuencea, for that the young lady was a ward of Chancery, and that,
any attempt to procure a marriage with her, without the consent of
the Court, would be looked on as a contempt, and punished sevehrtys
by imprisonment or otherwise. The affidavit went on to state that
Mr. Wells, not having acknowledged the receipt of these letters,
the solicitor called on him, and cautioned him, in person, and that
at that interview Mr. Wells admitted hie having received the letters,
and said that he would not relinquish his pursuit, for that he was
well advised on the subject, and well aware how far he might Fp
without committing a contempt of, or subjecting himself to a dose
or blister from the Court; that since that period he had corrupted
a servant of the ward's to take her a card, containing his address,
with a request that she might write to him. It further appeared
from the affidavit that the father of Mr. Wells said his son should
prosecute his suit and accomplish it before a year. Under thesd.
circumstances the mother now applied to the Court for an injunc-
tion to restrain Mr. Wells, the more particularly as the lady at
whose seminary the ward was placed, fearing a repetition of the
attempts of Mr. Wells, intimated to the mother that the ward must
leave her school, and thus be exposed to the risk of not having bet
MUMMY!) CtrMpletfid. The mother, therefore, prayed the Cannata
interfere, or she must give tip the guardianship other daughter.
The Loan CuaxcEsscia—lf she be a ward of the Court yea
are entitled to the injunction.
Injunction granted.
JUDO RENTS.
His Lonns,etp, in reply to a question from Mr. Sugden rale
tive to the judgment of the Court in a particular cause, said, that if
he were not Mile to give, during the tetm the judgments which
were in arrenr, he would come down on Wednesday and Friday.
for the express purpose of giving them ; and that the one about
which 31r. Sugden applied should be included in that number. ,
WACKEADATH V. 1.0W21.1..
Tide was an appeal from an order made by his Honour the Vtee•
Chancellor. In the year 1799 a Commission was taken out against
RD individual, under which three gentlemen were chosen assignees,
a Mr. Baldwin being the acting asalgnee. The assignees entered
into a covenant to leave the money that might tome Cite their
hand, in ihe Rank of England. to abide an order of the Commis.
sinners. The money they received aceordingly was lodged in the
Bank of England, and the Commissioners subsequeedy made an
order directing the assignee's to declare and pay a dividend. Agme.
ably to this order, the creditors who appeared werepaid the amount
of the dividend, tint sonic of them belle abroad, and out of the
jurisdiction of the Court. there still remained a fund to answer the
demands of abeentem. Mr. Baldwin, considering himself perfectly
at liberty to do so, drew the remaining fend out of the Baok.of
England, and made use of it, always, however, miming himself
ready to pay the creditors when they might appear. Mr. Baldwin
died In the year 1812, and the creditors afterwards milled for a de.
tree upon the executors of the assignee to pay the 1.0001. with 20
per cent. Mr. and Mrs. Green are the executors of Mr. Baldwin,
whom the Court below ordered to pay the money, with the interest
asked for.

Meson. AGAR soil ROOTS appeared for Mr. and Mrs. Green, who
appeared against the order below, merely as to the payment of the 20
per cent. They contended, that, under Sir Samuel Hominy's Act,
Mr. Baldwin was net liable to pay such an oteessive per 'tentage,
even if they were alive, but certain they were, that there was no-
thing in the 4th clause of the Act (constituting :he penalty), mak.
ing the assets of the deceased nnswernble for any such sum. beam.°
the imposition, by the Act, was distinctly stated to be an impon •
tion to be levied on the defaulter personally, and therefore they
submitted that his Honour's order ought to be reversed.
Mr. GLYNN appeared for the executors also, and he considered
this a most important question indeed.
.Mr. PE x nEnT ow appeared to support the decree, and he con.
aired the spirit of the Act of Parliament was. that this amount of
money equivalent to 20 per cent. should be paid ; and he hoped the
Court would not look at any particular word or letter in the Act,
for the purpose of defeating the general and clear meaning of the
law. He contended that the obligation upon the assignee, regau•ti
thnt the money 'Mould be allowed to remain in the Bank, not Wien
order was made by the Commissioners for its distribution, bet until
the creditors were actually present to receive it into their own hands
direct from the hand. of the Bankers. Any other construction
would be a groan abuse of the law. The Act distinctly provided(
that the moment an assignee went to the Bank and wilts!), got
and retained any of the money belonging to the bankrupt's estate,
lie should be considered guilty of mat conduct, and liable to the
penalty.
Judgment deferred.

VICE-CHANCELLOR'S COURT, WEDNESDAY, Nov. YS

IPTE•ENS v. GUPPY.
The Court WrIN occupied the whole day in hearing exceptions to
the !Mater's report in this case. The arguments contained nor.
a particle of interest.

COURT OF RING'S BENCH. WESTNIXSTIVII,
WLDNESDAT, Nov. 23.
The three PuiiineJudges sat this day, in the absoocisof tbe
Chief Justice. The were occupied all the day on Crown Paper.
No case possessing the smallest general intent was beard.
COURT Of COMMON PLEAS, Wtsrxixs-cra.
Wrowtsnatt, Nov.=
BROOKS V. CAZTENTER, °EXT.
This was an action brought by the plaintiff, who If the *Wavle
a respectable wine and brandy merchant, against the 41-haqinnt.
who is an attorney, to recover damages for his Laving, milicientslir
sod without probable cause, lodged a detainer against her. while.
she was in the custody of the lVarden of the Fleet prism, tinder ca
order of the Lord Chancellor, for a contempt of Court.
It appeared on the trial that a bill in Chancery had beep Wed'
•
against Mrs. Brooks since her husband's death, and she heal i 3
very distressed circumstances, was unable to employ *piers:rite:al •
person to put in in answer thereto ; in consequence of which, •
was committee to the Fleet for a colitt•mpt of Court. Wilde 71-'5
custody several detainers were lodged against her by her credaiori.
Among them was one by the present defendant, who hadannio thug' •
previously transacted business for her as an attorney. rt•nin
she had been in confinement her health became serious:ly iniza.yed,b• '••• •
principally owing to extreme ticketing) of triad, ocr.aaioned Lr Fer, . •
distressed situation. Her friends being alarmed an to the
luegieniceltlhrintannii,itt,,l,iiira, ensue,r exertedetmit th(ewnitvesta to o
me dbttin her re
undertook to put in her answer to 1e 1111 in ettaccelry7mt;rdaliii*.
detaining cre4ltnrs (except the defendant) agreed to withdraw thole _.w
•
detainers, so that on the 25th of February 1823 the poor welfans-4"
was entirely discharged by every one, save Mr. Carpeelsv.
A Mn. Arnold, who had been ber iiitlniate friend for a OM