The British Press; or, Morning Literary Advertiser.
London, England, 1819-07-13 00:00:00

LAW INTELLIGENCE..

VICE CIIANCELLI)WSI COURT. LINCOLN'i INN, •
MONDAY, JULY 12.

THE MARQUIS or BUTE C. THE LORD PRIMATE OF
IRELAND AND uTHERM.
_ _

Mr. FA R REII, Jun. Counsel for the Noble Plain..
tifl; opened the pleadings.
Mr. HORNE stated the r. 4%!, which !lee in a very
small rompsss:—Edward ‘Vortlev, 17,+41,
of ~l'ort-
leyll4ll, was po++ess.d of estates in the counties of
Noithimilieiland anal Durham. comi-tins; of coal-
ninie4; he ileu.ed them t,i hi. d.loghter, then
the Countess of Bole, for her life, with the
iiiower of oirp,inting a 1411Cl'et.ptor, bat in care
she neglected to snake an appointment, to the second
sou of her marriage with the Ertl of l;ute. The
truster dierfin the year 1761, and in the year 1763
her Ladyship sold her right and interest iii the col.
bevies to her husband, and on an application beiog
made to the Court, • decree was pronounced to
that purpose. That 43,0001. was a fair price fur
the collieries ; that the Noble Earl was not to pay
down the purchase money, but secure it by mort-
gage on his estates in the counties of Bedford and
Hertford, sod also on the mines in Northumberland
and Durham. In the year 1766 the eldest boll of the
Noble Earl, Lord Mount Stuart, the father of the
present being about to intermarry with
Lady Charlotte Dame 11'itirlsor, the Noble Earl set-
fled est him several estates in Scotland, and his estates
in the counties of Bedford sod Ilettford, liable to
the mortgage of 43,000/. on them to the Countess
of Bute. In the Year 1791 Lord Mount Stuart
died, leaving the Plaintiff, his eldest belle since
which time the Earl of Bute died, and the Noble
Plaintiff, his grandson, succeeded him in his titles
and estates. The bill charged that the Noble
Plaint•ffs father, not knowing that the sum of
43.000/. to the Countess of Ilute was secured by
mortgage on the collieries in the counties of North-
motherland and Durham, as well as on the estates
in the counties of Bedford mid Ilertford, had paid
the interest of the 4.9,0001. which the bill alleged
ought to be paid in ptoportions, both estates being
liable to the mortgage of the Noble Countess. The
therefore, prayed that the Right Rev.
Defendant, sAi the trustee of the younger children of
his (the Plaintiff's) grandfather, to whom the
belonged. should be decreed to reimburse the
Noble Plaintiff in a proportion of the interest which
he and his father hat! staid.
The Vice-Ciimicat.Loo--" This cannot he, Mr.
Horne ; for, looking into the marriage eettivoneiii of
Laird Mount Stuart and Lady Charlotte Dame
Windsor, 1 see he. took the estates in the counties
of Bedford and Hertford liable to the mortgage of
43,000/. Suppose it was an petits' sale of the
estates from the Earl of Bute to him for money
liable to this mortgage, and lie found out after-
wards that the mortgage was secured also on other
estates, what remedy could he have against Lord
11111 e ? The point beers but one construction, sod
it cannot be sustained. The Noble Plaintiff can-
not be relieved by a Court of Equity."

COURT OF KING'S BENCH, Wantonness,
Mos DAY, JULY 11.

NUISANCE

THE ICING r. RAUL GILOSTEIIOII ♦IID OTIIIERS.

Mr. CHITTY Silt-tied the pleadings. This, he
'Wad, was an indictment ataiost the Defendants
for having, on the I Ith of May last, cast a quantity
of rubbish into the navigable river Thsnirt, by
which the bed of the said river was narrowed and
encroached on.

Gnituzy stated, that the present, though
nominally a criminal proceeding, was, in 1'1(1,
m-rely a civil one, and was instituted solely for the
I utpo•e of trying the right of the Noble Eat! and
the other Defendants to act as they had done.—
Jmoforson, and a number of men employed by him,
had acted under the directions of Earl Grosvenor,
and, by embanking • part of the river, opposite
tlic site on which Belgrave-Hunse, an ancient
dom ening of the Grosvenor family, formetly stood,
modem ed themselves amenable to the law. There
was a part of Milbank, extending, in the form of*
Lty, from Cooper's ll'harf, where the Horse-ferry
I.l)Storplace was sit word, to Grosvenor-wharf,
about the length of 475 feet, and it had long
been • favourite object with the Grosvenor
family, to fill up this recess, and form a quay,
by a regular embankment. This was now ef-
fected, end was dame fur the purpose of ad-
mitting the erection of wharves. It might be said,
that tie Defendants had received authority from the
City of L lots to make this embankment ; but lie
wool.] contend, that the City of London bad no
right to do so. The Coostroincy of the River
Thames certainly belonged to the Corporation, but
it was time it ►hould be generally known, that the
possession of the conservancy did not impart any
right to the soul. The river Thames ass a highway
--aud..of consequence, the scil waa itt the King.
He would prove, that this embankment was •
material obstruction, since it prevented boats and
craft of different kinds from taking shelter when
the weather was temptrstuour. Last year, bad it
not been for the hay which this embankment had
destroyed, • greet number of vessels would have
been lost o► damaged.
Mr. (lodges stated that the bay in question was
•lout thirty fret deep. It was covered wit It water
to the depth of two feet, at neap, and eight or ten
feet at spring tides. Time bay Mal useful to water.
men, when they were rowing against title—and it
sersetl to protect clitferetit sorts of craft in tempes-
tuous weather. Oil the fool' of May, he sass John-
soil's met', dmirging a fnuntletien for on embank-
ment, at this place. Walls had since been formed
and felled up—and the recess was entirely removed.
Wmtomess bad seen JaLuison and I other of the
Defendants at work on the embankment. Ile had
toot seen Ilenoler,no there.

On his crofus-examinat 111 l , witness stated, that the
emlusultielent would deteriorate his property. He
mid the lease of two lious-s ui Alilbittik-row, under
Eart Grosvenor, and if wharves were hush before
theni, muse hut w basil tigers would like to reside there.
MT. !Jams also deposed to ilie usefulness of the
recess iii question, and particularly instanced the
night oldie CIF of Mach, 1819, when a number of
boats and barges were saved from destruction by
taking shelter in it.
The CH I FS JUsTIOE ioked, whether the Defend-
ants could legally act as they h.rd done, without e
writ of ad yuod ddlinnun ?
OIL ScAsiErr said lie would prove, that nothing