The British Press; or, Morning Literary Advertiser.
London, England, 1826-03-09 00:00:00

LAW NOTICES.

crOVItT OF CIIANCF.IIY.
ISFORI tIII TINS-I. MAN( SLLort ?MA LAY, It PALF•PAIST 1.1111.
Hawkins e. Artie. fllttrkwell c. 1..c0g
ilengough V. F.citirtge Wil:inms v. mean
Rowninder of Cause" as per I.ixt.
The Maorr of the Iticilswill hear Cause., Further Directions, and Pet!.
floret by con.ent, on Slaturr:ay next, the I lth inxt. rti nice.
Can., mai Petitions must srt clown by two o'clor h tomorrow.
The Maier of the Kull. will nit thix evening at As.

LAW INTELLIGENCE.

COURT OF CHANCERY, IVEDWISDAY, .31eccit 0.

IN TOE MATTER OF SMITIR, A T.FNATIC.
Mr. Stimitvri.i. said all that he was now desirous to do in this
case was. to mention that his client had instructed him that not-
withstanding the list affidavits ,which had been filed, he was able
to bring further affidavits, which would niake it quite clear that the
conduct of the brothers had bred perfectly right. If his lo.rtiship
thought it necessary to do anything about the custody of the
lu-
natic, he had no objection ; he was only desirous th-it they should
have the means of bringing forward answers to the affidavits on the
other side ; and he was certain that his Lorti.hip would rot allow
them to bring forward affidavits which hisi clients could have no
opportunity of answering.
Mr. LOVETT, with respect to filing further affidavits, had one
observation to make. When called on yesterday, he had requested
that the cause should stand over till lie should have an opportunity
of looking at the affidavits, which he had just received ; Mt. ;Thad-
well had resisted that reasonable request, and his Lordship had
said that he would not allow it to stand over a minute. Ile was
therefore obliged, under such circumstances, to proceed with the
petition. Whilst he was going on the affidavits arrived ; in con-
sequence of this he had only read a part of them to the Court, not
having before examined them ; built- had shire perused the rest, and
trusted that under all the circumstances the Court would not al-
low his opponents to file any further affidavits in support of the
caveat. Be thought it right to tell the Court that he had read
through all the evidence, and had unfeigned and inexpressible
pleasure in stating, that from the affidavits of many medical men
attending the lunatic asylum, from each and all of them, it ap-
peared that the general health of the unfortunate person, since his
removal to hospital, had gradually improved •, he had likewise
to lay, from each and all of these affidavits, that he hall never since
had a single fit, nor displayed the least violence. He had likewise
the pleasure of informing the Court, from each and all of these af-
fidavits, that he had never in one instance resisted the changing of
his linen or 11.:4 clothes, and had never attempted to remove any
part of his clothes. He believed ti,at it was stated in the affidavits
that no attempt had been made to shave him ; but suppoic he had
resisted any attempt to shave him, would that have been sufficient
to Induce the Court to suppose that all the affidavits were false,
and that all contained in those on the other side was true ? Ills
Lordship having refused to let it stand over in the former ease, he
trusted that he would not let it stand over now, for the purpose of
allowing those who have presented the caveat to file further
affidavits.

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Mr. SitanwELL did not object to his Lordship's taking any
Course that he might think right. On the former occasion he was
desimus at Roo that no delay should take place; but he did not
object to Mr. bovett's reading the affidavits.
The Loan Cuss:cm-I-on—This is an application for a com-
mission of lunacy, by Eld, !against an individual who is in a state
that now appears to render him most clearly and decidedly
a flt object of a commission. I pat aside all that has been laid
before me in the affidavits; but looking at the representations
which have been made by those who resist the commission, and
having slated that the representations of their conduct in the news-
papers hare been grievously inflamed, I am clearly of opinion
that it is the duty of the Crown, as represented by the humble In.
dividual who is now speaking, to clothe by a commission of luoary
an unthrturi:e person. who has no protector unless such a com-
mission of lunacy be issued ; and when I reflect on the conduct of
the individuals who have necessarily hitherto been his protectors,
and giving them the benefit of the exhortations of his dying father,
I am of opinion that he cannot have the protection to which he is
entitled by law under the care of his brother, and as an applies.
tion has been made fpra commission, I am bound to grant it; and
I cannot help saying that it has been opposed under circumstances
on which I think I must grant the costs of the petition.
Mr. SIIADIVELL asked whether the persons who resisted the
commission were not justified in so doing for the purpose of clear-
inir their characters?
The LORD CHANCELLOR said they could not resist costs on
that ground, unless they could bring the imputations, of which
they complained, home to the persons who applied for the coin.
mission.