The British Press; or, Morning Literary Advertiser.
London, England, 1826-06-02 00:00:00

THE SUMMER CIRCUITS.

Yesterday morning the Judges of the Courts of King's Bench, Common
Pleas, and Barons of the Exchequer,n wemnied in the Lord ChlelJuatice•a
Chamber, fir the purpose of choosing t.leir respective Circuits, pre-
paratory to the ensuing Summer Assizes. The following was the arrange-
ment :

Haim—Mr. Baron Graham and Mr. Justice liolroyd.
Usford—Mr. Baron Darrow and Mr. Justice Burrough.
Midland—Lord Chief Justice Abbott and Lord Chief Baron.
Norfolk—Chief Justice Bet and Mr. Justice Bayley.
Western—Mr. Justice 'Atherton and Mr. Justice °melee.
Northern—Mr. Justice Park and Mr. 'toren Bullock.

LAW INTELLIGENCE.

COURT OF CHANCERY, THURSDAY, itrxr 1.

wELtzsucv V. THE DUKE OF BEAUFORT.

Mr. n - IiNE---reqisext;tl permissionto mentionthis c.ase to his
Lordship. His Lordship would no doubt recollect that, in the
course of the discussion that had taken place, there had been intro-
duced the name of a lady, whose character and conduct had been
severely commented on In the affidavits. Ile alluded to Mrs.
thigh. That lady felt that her conduct was most severely attacked,
particularly in the affidavit of a person of the name of Bulkely.
Mrs. Bligh was a member of a most respectable family, and, an
consequence of what had transpired in the discussion of the cause in
the Court of Chancery. her attention was particularly drawn to the
affidavits, and site felt that it was a duty she owed to herself as well
as a matter of respect to the Court, to make an affidavit in answer
to the statement which had been made and which was so prejudi-
cial to her character. He would therefore take the liberty of hand-
ing up a copy of the affidavit she bad thought it necessary to make
to his Lordship. . . . - -

The LORD CHANCELLOR Said he had by him an affidavit of
considerable length that had been handed him by the Counsel for
Mr. Wellesley on his behalf. He wished to know whether the
Counsel on the other side had been informed of the affidavit of
which mention bad just been made.
Mr. HART said nodes had been received by them of the affidavit
alluded to having been tiled.
The LORD CHANCELLOR said he did not see Mr. Shadvell
then in Court, but he was anxious to know-from that gentleman,
when he came, whether it was intended that Mr. Pitman, the tutor
of Mr. Wellealey's children, was to make an affidavit.
Mr. HART said that he had received a letter from a highly dis-
tinguished member of the Wellesley family, and who had ex-
pressed an intimation of its being his wish that its contents should
he communicated to his Lordship. Ile (Mr. Hart), however, in
what he considered a proper exercise of his judgment and discre-
tion, had nut Monet tit to comply with the wish so expressed, of
handing it to his Lordship.
The LORD CHANCELLOR said that if Mr. Shadwell would,
on his coming into Court, inform him as to whether Alr. Pitman
intended or not to make an affidavit, he would certainly dispose of
the cause early next week.

Mr. IlArribeggeti to observe to his Lordship, that the object of
the letter to which he had alluded as having received from a
member of the Wellesley family, was to satisfy his Lordship that
the estimation in which Mr. Wellesley was held by his family was
not such as had been represented to the Court.
The Loan CHANCELLOR said that he should be very happy
to receive any altulavit of the tendency stated by Mr. Hart.

IN TUE MATTEIS. OF SIR GREGORY PAGE TURNER, BART.

A LUNATIC.

The I,oID CDANCEI.LoI said that he had received an appli-
cation that Sir Gregory Page Turner should be brought personally
before him. If it was considered material that such should be the
case, he would receive him in his room to.morrow. The Counsel
would, of course, be present, and as an Habeas Corpus might be
necessary fur the purpose of bringing up the lunatic, it might be
considered as granted.
. . . . .

His Lonnstri P rose at two o'clock, hiving to attend a Cabinet
Council, fur the reception of the Recorder's Report.

COURT OF &IMPS BENCH, Jcwwl.
THE CORPORATION OF fIIESTER.
TIIE KING 1.. OLOROS HARBISON.

This was an information in the nature of a quo warrant°, which
came on for trial before Mr. Baron Harrow and a Special Jury, at
the last Summer Assizes for the county of Salop, to try by what
right the defendant claimed to hold the office of 3layor of the city
of Cheater. The point raised upon the pleadings for the decision
of the Jury was, whether the defendant was duly and properly
elected as Mayor. Ott the part of the Crown it was se: out, that
the Corporation of Chester wax granted and constituted by a charter
of Henry VII., and was to consist of a Mayer, twenty-four Alder-
men, tee.„ and that the Mayor was to be eleeted by the majority of
tile Alderman. The defendant was not elected by so many as
tliirteen Aldevren. which would be the majority of the twenty-
four, and therefore it was inristed that he was not duly elected. On
the part of the defendant it was pleaded that tfie City of Chester
had been from time Immemorial a corporation, consisting of a
Mayor, Alderman, &c., and that it never accepted the char-
ter of Henry VII., as far as regarded the election of Mayor.
At the trial, Mr. TAUNTON laid before the Jury evidence that
before the time of legal memory, a Corporation existed in Chester,
having a Mayor, Aldermen, &e.; and as to the custom of the
election of Mayor, within living memory, he called an immense
number of very old witnesses, who proved that, according to the
dotage for fifty years back, it had never been requisite to have a
majority of the twenty-four Aldermear present at an election, but
only PO many as chose to attend, who declared the person duly
elected. Notwithstanding this proof, before the opening of the
Counsel for the Crown was gone through, and without hearing the
summing up of the Judge, the Jury found that the defendant was
not duly elected. Mr. Taunton, in Michaelmas Term, moved and
obtained a rule to show cause why this verdict should not be set
aside, and a new trial had.
Mr. CAMPBELL and Mr. 0. II ussr r.r. now showed cause, and
contended that the verdict was right. The point for the decision
of the Jury was, whether or not Chester had an immemorial Cor-
poration ; and, upon the defendant's own evidence, they were of
opinion that no such immemorial Corporation existed.
At three o'clock the further hearing of the case was postponed
until Saturday next.
At the trial, in support of the defendant's Me, the following
curious document, relating to Edward's wars with the celebrated
Robert Bruce, 1111,1 put in and read. It was dated 23.1 May, 4th
Edward I.:—

"Edward, by the Grace of God, King of England, Lord of
Ireland, and Duke of Aquitane, to the Mayor, Bailiff:, and
all the Commonaltie of hii Town of Chester, greeting:
" Whereas. in order to expedite our war with Scotland, against
Robert de Bruce, our chief traitor and enemy, and his accomplices
and abettors, we greatly need the aid of ships well provided with
sufficient stores and furniture, and likewise mariners and other
stout and able men, with competent armes and provisioner; and
hoping by the grace of God, and the assistance of you and other
our faithful people, our expedition aforesaid, in a short time to
bring to a happy termination ; and placing great confidence in you
in the premises, require and earnestly demand of you, that, with
two ships provisioned with sufficient stores and mariners, and other
stout and able men, and competent arnis, and victuals for seven
weeks, at your costs. without ail delay, ye will assist us for our
expedition aforesaid, by quickly dispatchingl, the same ships so fur.
nishcd and stored, into the port of Ulickeford, near Carrickfergus
in Ulster, in parts of • Ireland, so that they may be there on the
Nativity of St. John the Baptist, at the latest, to march there-
from to our aid to the parts of Scathed aforesaid, against

THE BRITISH PRESS.

our enemies aforesaid, for the expedition aforesaid, in the retinue
of our beloved and faithful John De Ergerdier, to whom We will
that the mariners end men aforesaid be obetlicnt, as Admiral to Us
In that behalf ; and in order to prosecute and promote a id' tffect
this out request, we send to you Robert de Marshall, to whom you
will give credence, and diligently
.4411/16e things which, vpon the
prenikes, he shall direct on our behalf ; and this ye in no wise omit
as ye lore us and our honour, and the advantage of our kingdom,
and a speedy and happy termination of our war aforesaid ; and of
that which ye shall cause to be done upon the premises. ye dis.
tinctly, and quickly, and openly make appeal to us, by your letters
and our said clerk.
" Also we will, that such aid, which to MI you shall mac toile
done, shall not full to the prejudice or be drawn lam precedent to
you or your heirs hereafter.
" In testimony whereof we cause these our Letters to be made
I'atent.

" Wi:ness ourself, at Be►wick-npnn-Tweed, this Twenty-
third day of 31ay, in the fourth year of our reign.
(Signed) " EDWARD."

INSOLVENT DEBTORS' COURT, JUNE 1.

•
Henry Sewell was opposed by Mr. William Green, on a debt of
108 f., for bread supplied to the insolvent, who was a retail dealer
in that article. .

After the opposing creditor had stated the nature of the transac-
tions between him and the insolvent, he proceeded to examine him
as to the manner In which he had disposed of his effects, and more
particularly the lease of his premises.
The insolvent said that he gave M. for the lease of his house
'some years ago, but it hod a considerable term to run het ore it
expired. It was lodged In the hands of a person as a security for
money lent. Upon being pressed ns to when the deposit was made,
the insolvent reluctantly admitted that he disposed of it since he
had been in confinement, to a young woman named Hannah
Knight, who lent him 251. upon it. lle had not assigned it over to
her, therefore it was redeemable.
Hannah Knight deposed that she lent the insolvent 251. upon the
lease in Alerch last, but she did not know the value of it. Witness
would. be very glad to give it up to the assignee upon the payment
of her claim.
The COURT referred to the Insolvent's schedule, and found both
It and the annexed balance-sheet entirely silent relative to this
transaction. . . .

The CHIEF Comaarestourn told the opposing crcditnr that
there did not appear to be a case of fraud made nut against the in-
solvent, as it regarded the specific transaction between them ; but
the Court had discovered that the insolvent had attempted to im-
pose upon it, by filing a false schedule, to which, but for the detec-
tion of the fraud, he appeared ready to swear. such conduct was
not to be tolerated by the Conn: n would, therefore, exercise its
discretionary power, and confine the insolvent in prison for some
time longer. The judgment of the Court, therefore, was, that he
be remanded and confiued within the walls of the prison for four
calendar months, for fraudulently making away with part of his
property.

SCOTLAND.

COURT OF SESSION-FIRST DIVISION.

EAST LOTHIAN BANK.

W. PAUL AND OTHERS, SUSPENDERS, ". A. TAYLOR AND

OTHERS, CHARGERS.

—.....__, _ .....
In 1910, " the East Lothian Banking Company" was established.
By the contract of 'copartnety, the superintendence' of affairs was
entrusted to Directors. They had the " ordering, directing, and
inanagement of the Company's affairs, and the appointment of the
officers by whom the same i. to be conducted, and are toliVe the
necessary directions to the officers to be employed by them," with
" power to suspend or dismiss such officers. "fhe Directors and
officers were taken, bound to obey the instructions and resolutions
of general meetings.
W. Borthwick was appointed cashier, and found caution for his
intromissions. For a number of years the affeirs of the Mink were
in a prosperous situation ; hut Borthwick. without the knowledge
of the Directors, embarked in trade. Ile became a latent partner
of a mercantile firm in Scotland, and of another in Prussia.
In April, 1822, he absconded, and it was discovered thst he
had abstracted the funds of the Bank to the extent of 100.0001.
:Mews. pe0..1. Bell and James Moncrieff advised '• that it was
not expedient to dissolve the Company ; " but that It should " con-
tinue to subsist to the effect of winding up the affairs."

In May, ion, at a general meeting of the Company, resolutions
in terms of this opinion were adopted. A Committee of Manage.
ment, along with the Directors, were appointed to superintend the
winding tip of the Company's affairs. In order that the manage-
ment " shall henceforth be vested in a professional accountant,
with the full powers of a trustee acting by the general authority,
for the interest of all concerned," Mr. Paul, being recommended
for that trust, was appointed trustee for behoof of the Company.
And " to vest the whole powers of management con rerred by
the contract in one person, the Directors and Committee of "
Management" wereappointed to nominate Mr. Paul to be
manager and cushier," and to grant him ample powers for the
winning up the affairs, " with concurrence of the Directors and
Committee of Management." This commission was accordingly
granted.
The mercantile firm, of which Borthwick was a partner, was at.
questrated, and his friends having signified their intention to offer a
composition to the creditors, a Committee of the Bank was ap.
pointed. at a general meeting in September 1823, to negotiate with
them. This appointment was acquiesced in at several subsequent
general meetings; and on the 7th of May, 1825, it was unanimously
agreed that'this Committee should be empowered to accept the com-
position. At another
.general meeting, September 1825, the pro.
prietors, who held a majority of shares of the stock, again approved
of the same measure, and also that 1,500/. should be deposited, on
certain conditions, to enable the books of the bankrupts in Prussia
to be recovered, and sent to this country ; and a minority voted
against these resolutions.
The minority, and 31r. Paul the trustee, presented a bill of sus.
pension and interdict, in which they stated that it was their inten-
tion to institute a claim against the Bank Directors, on account of
the malversatione of Borthwick, and prayed for suspension or all
the minutes, conferring the powers on the Committee, and interdict-
ing them from compounding the claims against the bankrupts.
Lord Balgrav (7th December 1825) having advised the bill and
answers, was " of opinion, Imo, That the partners of the East
Lothian Banking Company, having with great propriety declared
that the company shall subsist to the effect of winding up the con-
cern, they must still be regulated in their internal aetings by the
terms of their contract. 2Jo, That the cashier and manager was
nothing but aservant of the company, bound to obey their instru_
Lions, and that the appointment or commission of Mr. Paul, as
trustee, in addition To that office, was qualified in such a way, as to
oblige him to obey the orders of his constituents, consistent always
with the terms and tenor of the contract of copartnery ; and that he
has no power to exercise his own individual discretion, as trustee,
in that way or manner which a trustee with undiminished powers
is entitled to do on his own responsibility, for behoof of each
and all concerned. 3tio, That the unanimous resolutions
of the partners, especially such as were acquiesced in by Mr.
Paul, must regulate the rights of the parties. particularly in a
summary discussion of this nature. 4.0, That the Directors of an
establishment of this kind are only liable to their partners for ordi-
nary diligence, and that any claim against them is not relevant,
unless special fraud or esdprt lota can be alleged ; all of which must
be established in another shape or farm. sto, That the partners
had the power to name assignees, or commissioners, to manage
their claims in the seqttestrationtof Bruce, Borthwick, and Com.
pang, and others; and whatever steps may be taken in these seques-
trations cannot here be competently judged of, but must bedecided
when they occur, such assignees and c iiiii missioncrs being necessa-
rily responsible for their conduct. Mo. That so far as any opinion
can be ventured to be formed at present, from such complicated
concerns, it seems to be exmalient that some arrangement should
be made as speedily as possible with Bruce, Borthwick, and Com-
pany. and that such mea are is for the interest of all concerned.
Lastly, The Lord Ordinary is of opinion, that it is highly expe-
dient fur the parties that the points In controversy between them,
and agitated an this bill and answers, should be decided as quickly
as the forma will permit; and in respect that this cannot he at-
tained, either by passing or refusing the bill, appoints the parties
to prepare cases, and to box them by the first sederunt day of Ja-
nuary next, in order that the sante may be reported to the Court."
The suspenders, in their case, pleaded, I. That the Company
had sewed to carry on business, and was dissolved ; that all the
powers of the partners were vested in Mr. Paul. as trustee • and
that unless all the ,partners had concurred, the majority had no
power to appoint commissioners to negotiate the composition. 2.
The claims on the bankrupts are vested in Mr. Paul, as trustee.
3. The proposed composition was Inexpedient, and would be inju-
rious. 4. It would be a direct violation of theßattkrupt Statute, in
respect that the bankrupt in Prussia had not been examined. 5.
The resolutions in the minutes of the Company were illegal, no
previous notice of them haying been given in terms of the contract.
And of these minutes a summons of seduction had been raised and
called in Court, at the instance of the suspenders.

The chargers maintained the different propositions in the Lord
Ordinary's interlocutor. and referred to the case of Bow v. Pater-
son, 6th December 11125, 4 Shaw's Rep. 276.
On advising these cases (13th May), the Lord President, and
Lords Ilermand, Craigie, and Clinics, unanimously concurred in
the opinion of Lord Ilalgray, and refused the bill of suspension and
interdict.

ESCAPE OF A PRISONER, AND SUPPOSED SUICIDE.—
On Tuesday last, as the turnkeys of Whitecross.strect prison were
conducting several debtors to the Insolvent Court, to be heard on
their petitions to be discharged, one of them, named John Wood.
row, effected his escape. Mr. Spencer. the keeper, in whose cus-
tody he was charged, upon a debt of 1661., has been indefatigable in
his exertions to discover the fugitive, but his efforts have been I
fruitless. The prisoner was formerly an tottlent farmer in the'
I county of Norfolk, but, about the year ItiM, he became reduced in
his circumstances,
he established his wifeand aciatrnae Itaout7rnedsson: Tinhethdeebvticui'lm'itny of
whiwchhichhe
was thrown into prison was contracted previous to his failure. Very
serious apprehensions are entertained that the unfortunate man has
committed an act of self-destruction, as be was heard frequently to
say to his fellow.prisoners that, unless his wife provided him a
sufficient sum of money to pay his attorney, and thereby obtain his
immediate discharge, he would not appear in the Insolvent Court,
nor would be ever see his wife again. The money trot arriving, he
became very desponding, and this circumstance, with the sudden
music iu which he diaappearedogive rise to this conjecture,

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