The British Press; or, Morning Literary Advertiser.
London, England, 1821-03-26 00:00:00

Ll* INDELLiG RAWL

COURT OF CHANCERY, SAeoasiv, Maas t 4.
--- •
In the cue of the Queen's College, Cambridge,
the parties were in attendance, expecting the
matter would be filially disposed of, hot his Lord.
ship deferred his judgment till Tuesday.
The COURT, at the request of Mr. 4-I—ltAr.o, con-
sented to postpone the consideration or a cease in
which Mr. HORN Was engaged, that barrister being
absent from Court on account of the death of lois
brother.

A COMICAL CARE.
Mr. HART moved, in a cause of Johnson Fox,
Esq. against Ellen Drew and Richard Barker,
that the bill filed ought to be dismiased, on the
ground that the Plaintif was a nominal Plaintiff,
not. in existence, and that the Defendant Barker,
had been dead long before the bill was filed.
The object of the bill was, that the will of a per-
son, named William Henry Wood, should be declar-
ed to have been obtained by fraud, or that the testator
was not of sound mind at the time lie made it, or
that it was not made so as to pass the testator's Pro-
perty. The Learned Counsel stated, that the De-
fendant, Ellen Drew, had incurred the displeasure
of certain persons, because she had been nominated
the residuary legatee in the will of Mr. Wood, and she
had been repeatedly threatened with suits in Equity
by those persons who insisted on an intestacy. The
Learned Counsel detract' the facts, from which lie
inferred that there were at present no such persons
in existence as the Plaintiff and the Defendant
Barker ; the Defendant, Ellen Drew, load put in her
answer, denying all the allegations contained in the
bill.
Mr. WsxgriaLD contended, that the present
application could not be entertained by the Court ;
the Defendant, Ellen Drew, had put in her an-
swer, arid therefore she was too late to object to the
want of a proper Plaintiff.
The LORD CHANCELLOR said, the Learned
Counsel was carrying his doctrine too far. Did he
mean to contend, that, because • defendant an-
swered a bill in ignorance of the fact that 11w plain-
tiff was a mere nominal plaintiff, that he was boned
to continue defending himself against a nonentity ?
The cause appeared to his Lordship to he • very
comical cause. Here was a will, as it appeared,
made in 1803, by • testator who lived till 1814;
and in the year 1820, a bill to set aside the will
was filed by a plaintiff who, it was •lleged, was not
in existence. Without saying whether the Learned
Counsel was right in contending that the objection
could not be mule after ;mower, he would only
observe, that if a case was brought before him of a
person who filed a bill in this Court in the name of
• plaintiff, knowing at the same time that such
plaintiff was dead, he would take very good care
that he should -never 61e a bill again.
Mr. WAKEFIELD stated. that if a reasonable
time was allowed, it would be shewn that the Plain-
tiff was in existence.
The Loan CsiAncts.i.oa desired that the motion
should stand over for one month, sospendingall pm-
ceediogs the mean time; and he directed that the
attorney should explain to the Court under what
circumstances the bill had been filed.
WATERS N. TAYLOR.
The ATTORNEY-GENRRAL prayed that the Court
would order the Defendant to deliver to the Plain-
tiff an approved copy of a conveyance of the Plain-
tiff's property in the Opera-house. The copy of
the conveyance sought to be obtained been the
Defendant had been placed in his possession some
time back, in order to receive his approval. Mr.
Waters wished to sell his share in the property of
tthe
obtain Ope
the p
Opera-house, o uase ;woos:
approved conveyance dit was
necessary
from t
De-
fendant.—The
Court granted the order.
Floe Lordship was occupied the rest of the day in
hearing motions of no public interest.

Tag CHASE.—IIia MAJESTY'S en hounds sill
meet this day at Knap-hill, and on Friday at
Maidenhead Fully ; each day at tell o'clock.
Capt. W. H. Balms ie appointed to the Sappho,
for the Irish station, with Lienienatits ♦. Konewr-
SON SIMI A. ARAISIN, Mr. 111111,t.t Aug, Surgeon,
sad Mr. PARKER, Purser. Lord MANDEVILLE Is
appointed to the Medina, vice Lieutenant M. LIM.
removed to the Doris. Mr. lIATELY is appointed
Surgeon of the Forge, Mr. JACKSON, Surgeon of
the Valorous, and Mr. PATTERSON, Surgeon of
the Pyramus.

The Glasgow frigate was paid off on Monday
last, and recomnuswoned by Capt. B. C. DOYLE,
for the East Indict. Lord C. StatERSET, it is be-
lieved, will return to the gover ttttt cut of the Cape
of Good Hope by her.
Lieutenants TOPPER, DUNLOP, DENNIS, and
FRASER ; Mr. OSBORNE, Surgeon; and Mr. W.
HILLIER, Purser ; are appointed to the Glasgow.
The remainder of the 2d battalion royal v t nt
embarked on Saturday at Portsmouth for Dublin.
Many rumours have been circulated
spectiug the capture of Milan by the
and the re pulse of the Austrians by
tans, but these are timed by the Most
schemes of stockjobbers.
A letter from Buenos Ayres, refers
pates in that city to ths ambition of
who, its order to revenge himself un buti
associated with the Indians, and by
roads unsafe, has to a certain degree
abartive the amicable arrangements of
jog provinces. This letter also (lint:tilts
lowing particular* respecting' A rtigits
14 Arligai who had made himself more

most env man in this peroration, is now prisoner
gust'; he gave himself tip to the Dictator of
(as Francis styles himself and the province,)
by him lii the cell of a convent, without belt
communicate with sny one. Rarnir.z wF
Artigas rose up in opposition to him. and drove
to Paraguay, he now claims him of Franeia
and as Fraucia refuses to deliver Artigas
preparing to wage war with Paraguay. '
though petty disputes, are what hurt our trade
thing else."
At a meeting of the Board of Heal. ded-
nesday, it was ascertained that the number of eases
of typhus had decreased to twenty, the contagion
having yielded ►apidly to the measures taken to
enforce a proper attention to cleanliness in the
habitations of the poorer classes.--(Greenock
Advertiser.)

HOWARD ANI)

fianrilay hairier been the dap hied ',Pon for appointing
Assigrires to ate estate of Howard and Gibbs, the Cr.in I of
Common Pleas, Guildhall, was crowded to excess at au car!,
boor, with persons pressing forward to poo're debts. As a
caiiteat wail expected for the vinare of Aarignees, ape sie,,ire
to mime was most anxious, to enable the proving ereareors
to qualify fbr giving votes upon the •pplittiusent.—DclOcc
the Coriimisaimiers entered the Public C,ulirt, there was a
private hearing respecting the claim of a creditor to aim im-
mense amount. The name of the gentleman elairting is
Grimstead, and be is at present • resident in Calais. The
facts, as we could collie' them, are shortly these Mr. Grim-
aced having a very large sows of ready money in his posses..
lion, was willing to have it doming shout, provided lie de-
rived advantage froth the nee of it He therefore embark.,l
in large pecuniary dealings with Messrs. Howard and Gibbs,
*bo admitted him un their books to be • creditor to the
amount of forty warn thousand pounds. On the peat of Mr.
Grimaced at the private meeting,• present claim fir admis.
lion as a creditor visa only set up to 'derailment' of thirtywne
thousand pounds of this mon there being revers' of his
transanions Mil violin.' tip, and some outaandirag bills wit
paid. According to Liss stealing between the partite, Mr.
Grintsteed was to have put to his credit, in lien of the tante
advances he made, the annuity-deeds sod other securities Le
which those advisees were expended. He therefore from
lime to time was informed that the money was snob in the
deeds of particular annuitants, of bigli•souroling names, mid
credit was duly given him in the pass-book between him and
the bankrupts fur interest, which was said to have arerned
out of the said annuities. When, however, the trankropts,i
took place, and be called far the production of the deeds and
original securities io which his money was said to bare bean
Invented, according to the items ih the pass-hod, they wsre
nut forthcoming, and he waseet dots.' as a creditor upon the
estate to the amount of forty•seven thon%aiiii pounds.
Mr. Rose was beard at the private meeting in !whaler(
Mr. Grinstead, and Mr. MOlltapie on the part or the Cot-
illion!.

The Commissioners were not prepared on Saturday to ad-
mit this claim without farther investigation. The tialisac-
lions to which it referredbeinif complicated, soil h3vieig in
some part., it was represented, a usurious complexion, the
claim 'muds over for further inquiry.
_ . . . . . .

l'hr filet claim put in and adatitird at the poblie meeting
was one on the part of Mr Smith, who produced a live hurt.
dyed pounds acceptance of Lord Alvanley's in Grow of Ho-
ward and Gibbs, which be had discounted at a legal rate of
interest. _ _

The next claim led to a very protracted and warm discus-
sion. It was that of a gentleman named Honeluck!, who
claimed to be admitted as a creditor lo Ibe amount of eight
thousand two hundred pounds and upwards.
Mr. Montagne, on the part of the estate, resisted this
claim, which be represented as follows:-.hued Foley, oh..
bad some dealings is money matters with Howard mot (Mobs
to a large ainouni,wanted 8,0001. upon his annuity, and they,
as his agents, were to negotiate the transaction. They. in
prosecution of his Lordship's wish, looked about to see who
would make the nomessary cash advance upon the momeity.
Upon their applying to Hateelocke, a correspondence
took place, sod Mr. H. agreed to advance the money.
M . Howard and Gibbs heiug sure Of the money, ac-
vaaced it to Lord Foley, out of other Node., esee one day.
Upon a subarqueut our, they received the 8,0001. and up-
weeds front Mr. Hsnrlockr; and while the annuity was pre-
paring, their misfortunes came on, and the matter was sus-
pended. The Learned Counsel contended, that it was cl.ar
Heyward and Gibbs were only she intermediate agents; they
bad performed their pail, 113•Ulg paid and received the
money, and it was for Mr. Ilanclucke to resort to Lend
Foley, who gut the money for leis promised annuity, instead
of waling to come upon the bankrupts' estate.
A long altercation arose upon this statement of the case,
which was denied to be the correct statement on the part of
Mr. Haselocke, juu. anal subwrqueatly by a Solicitor to his
behalf.
The Commis/loiters at length derided that esongh of pried'
had not been offered to justify-their admission of this et 4...
it must therefore at present be rejected, subject, how/eves, to
nn opportiusily of making flesh application upon a further
statement of all the circumstances of the case.
The Solicitor made repealed attempts to toothier the Corn-
isiesiooeng So revise their opinion, awl intimated (though
with a decLiratlon of becoming respect) that they had eject-
ed the claim without hearing the evidence.
Mr. Moutague protested against the case being this day
re-heard, after the Commissioners had derided.
The Solicitor said, that Mr. Ilattelinittee cane had not beeu
considered, and that it would be in vain fur him to bring it
forward next weck, for should she Commemoners Reject it
on Tuesday (when be understood they would meet again,.
be should thou have nu time to gel a healing in the shape
of Petiti .... before the lord Chancellor, against their J.l
Mon ; and would consequently be shot out (suns a toter
in the appointment of assignees. Hu case would not Ye..
copy fete minutes, and if Mr. Montague 's reply was as shout,
why then the matter could he easily settled at once.
Mr. Montague refused to hind himself to any time, and
repeated Isis preliminary objectieu to the solicitor's being
heard. He said, that the Gentleman (fur whons he eater-
tallied great respect) could out himself, at so short a umice,
he reputed with a koood summary of hos own case. and
it was therefore much better the matter should stand over
until the next day. As to the Petition to the Loe.l
Chw-
cellor, it would be in vain for him to hope to get a hreriug
in Chancery early next week ; the pressure of business there
rendered that totally impossible. lie might as well ',e-
rect to move the Monument, as get the Lord Chancellor
to take such a Petition at the time he (the solicitor) tutu •
tloned.
, Mr. Glasscock, who said he was town agent for Mr.
Hanelockr, said, that if the case weee not more folly braid
now, they might as well, indeed, attempt to move the
Monument as hope for a hearing Deist week in Chauerry, of
the claim were Imalpoued.
Mr. Montague again objected, in timbre, to a renewal ef
the argument this day.
The Solicitor said, that Mr. Montagne was not here as a
Commissioser in the case, sod should allow those who were
the Commissioners to judge fur themselves.
Mr. Montague begged to mesa • IlleGentlernsn, that if be
was acting in this case in his capacity as a Commissioner, le
should, with all respect to him, enter a mitosis. upon the
proceedings of the interruption the Commis Lai was ecceis-
tug after the rejection of the application.
The Solicitor and Mr. Glasscock both denied that the

lis Paris, re• claim wati rejected-4i MILS 1111 y pestrumed. All they *mut-
, itsiii:d;enanputeiri: eidat.,%sireest,La anwattngissuatolinfieodr atorsl•t•ctionfor: fur in reat:dreier claire
Id have lints it oppostunity of goisig by pet,
°niftier as ti lion before rd Chancellor.
The Comma., r replied that he had rejected the clamp,
but left it to the i
ra the Isle d , to came better prepared o a 'attire
a uce....». pa A- is
Carvers; N They (the claimauts) h wool,..stiser Would advi.e an sp-
uth parties, s pliA ,voting Gentleman.
eatioontottieLui Ch:tiw iee
oats
renderino e
a complaiot of out bis.:lghernab.lce,i.t..orkg:etsi"siew%uesaillitt::.min4it':;
• office of the Solicitor in the
C denied 'd " was stied by the Solicit,' 's cum""i6X, lb"
c'""1"t"t lie a
.4raill lie sainted
IV vote in the choice
iheThere arc," said he, 4 twigogibe'"lbgerent Po engaged
Dnigctlilibef:lllo:ol:llsdeteelfir:al::‘ to trunk for assignees, and I maul by voice."
primmer in l`:sra- Commissioner replied, that be must first pot imself
of that republic, in n'cooditlun far participating iii the Curium's dui the battle
t,) and he is kept by pitt!irg his debt ;at present he came into the avid wile,.
being allowed to nut hit Fans.—(4 hawk.)
rho served under sir. grltou charged this delay nisun the solicitor's etch,
drove him at last fro, wiio;,n be could not get the account until to-day.
a as his prisoner, Mr. ROgaelie said he could come :he utxt du) and join
up, Ramirez is the Hull Ain 'i
siicr.—(4l fartik.)
These instating, Mr. Siblry e'timed as a els dn.), holding two 5001 ace. pt.
trade above every ,„„„,, dra,,,, npttlilarrirts of %Voice...ter ippon llowaid ssitl
ul,lln,
bitelrasotfm,eraesde: Gbiio:6l,7l,...behistiqd7h,,:tiom„;:ir. sues.rot4ethey.rsitoluie.,7,lmiic.h4shrerg.s:t%ir:ll,.o.:e.
me to him, and sold him lie couhl get kin. pail a
the contagion
attires taken to sdlt‘e.biorctifscaiders,l.irwhehicit:wuhass
dditiscee suon:lllwllebrbilithe.ofhtram.wrii.iozh.•
of
as he I___u.....i it a
saline,* in the the Marqui..'s. Mr. Sibley said, IM i... .h
s.--(Greenock good opportunity to get the debt oi the MAIThIIMPIII, I C
~ gave the cash balance of the bills to thwart: nod bitbisc—s