The British Press; or, Morning Literary Advertiser.
London, England, 1826-01-24 00:00:00

HEMAINISG PET:

Lel-If/olds I,e Grand
Robbins v Prior
Binningtun r Har-
wood
In Re Kingsbury
Miles v 31iles
Newton v Manning
Samuel v Samuel
cluelch v. Farquhar
tholerton r Renting
The Master of the
petitions by consent,
morning.

Causes and petitions must beset down by
ceding dsy.

COURT OF cominN PLEAS.
miDmAgrx CAUSES TO OE TRIED AT THE FIRST
-R&TTING Iv IfILASY TERM. THIS DAY.
Davenport v Ward I Quieter v Burn and I Cambers v Device
Kerslake r Robson another Garrattv Buckthorpe
Revell v. Revell I Chester r Carers and I Blackest • Gibbs
Smith r Pigeon others Eames • Asboru

LONDON CAUSES TO BE TRIED
Smith v Hillman I Smyth. ger•.t., v Ha). I Cobbett • Forster
Alliston. Assignee v wood and others Sitford v Joseph
Hobbs Vincent, gent., v Wooldliouse v Ilay.
Barclay and others v Colwyn don
11 itchins Atkinson r Jarvis Blacklow v Waffle-
Robinson r Sutcliffe Viner r Joyce &ley

COURT OF EXCHEQUER.
canes TO ■C HEARD THIS DAT.
Exceptions—Attorneptieneral • Deere.
CAESES TO BC HEARD TO-MORROW.
Wilson • Durant., I Brasier • illytton, to Bamford • Archer
petition produce e•idet ce Dories • Evans
Price • Llewellyn, by order Watkins • Smith
petition Miller v Jacksot , Ripley v Stockley
lialthem v Harrison, ' part heard Rowley v Carter
report Colebrook • Need I Mason v Nixon
Expert* Hammer. Norton • Hammond Tarpley v Linnell
smith Bridge Corn. Dean and Chapter of I iirard r Buvill
ploy, petition Yoilt • Middle.
Lurgh

LAW INTELLIGIiNCE.

%ICE-CHANCELLOR'S COURT. 310NDAw. JAx. 23.

This being the first day of Hilary Term the VICE-CHANCELLOR
did not sit until one o'clock. His Honour intimated to the bar that
during the present term lie should continue to sit at Lincoln's fan.
Such also was the Lord Chancellor's intention.

Some !notions of nu importance haring been heard, the Court
shortly broke up.

COURT OF KING'S BENCH, 1.1-nsTattiesVE*, Jars. 23.
Hilary Term commenced to.day. It is customary on the first
day of 'fern; for the Learned Judges to wait on the Lord Chancels
lor, and take breakfast with his Lordship in Lincoln's Inn Hall,
and afterwards to go in procession to the Courts at Westminster.
We understand, however, that the Lord Chancellor was too unwell
to attend and receive their Lordahips this morning, and that the
Learned Judges (with the exception of the Lord Chief Justice of
the King's Bench, who is still confined by indisposition.) took
breakfast at Lincoln's Inn, without the honour of his Loniship's
company.
Mr. Justice Bayley was occupied in the ilnil Court, hearing jus-
tifications of bail, for two hours this morning.
At two o'clock Mr. Justice Bayley, Mr. Justice liolroyd, and
Mr. Justice Lattledale, entered the Court.
CRiNi INA I, INFORMATION.
Mr. Caatrun LI. moved for a rule, calling upon Mr. M'Queen,
an attorney of this Court, to show cause why a criminal information
should not be filed against him, at the instance of several gentle-
men who formed the High Peak Special Jury for the county of
Derby on a late occasion, and who conceived themselves; to have
been grossly libelled by a recent publication, of which Mr.
M'Queeu wan the author. It appeared that certain persons in the
county of Derby, trading under the finn of Nicholson and Co.
claimed to be entitled to some lead mines there, and brought an ac-
tion to recover possession of them. The cause was tried in the lo-
cal court called the Barrnote Court, at Ashfield in Derbyshire, and
the jury gave a verdict for the defendant. Another action was
brought by the same parties, who were the clients of Mr. M`Queen,
on the lid; of Oct. last ; and the persons on whose behalf the pre-
sent application was made were the jurymen on that trial. After
hearing the evidence on the part of the plaintiff's (the defendant
resting his cause entirely on the speech of his counsel, and the in.
sufficiency of title shown on the other side), a verdict was again
given fur the defendant. In thelmonth of November there appeared
an account or a supposed account of this trial in two provincial pa-
pers called the Derby Mercury and Derby Reporter, in which the
libellous passages occurred. Upon application to the editors of those
papers it was ascertained that the pretended report came from Mr.
James al 'Queen, who was the attorney for the plaintiffs in the Sc.
tion. The article was in the shape of a letter addressed to the esti.
toe, but without any signature. It would be shown that it was in
the handwriting of a clerk in the employ of M•Queen, and that it
was sent to Mr. Drury. the editor of the Mercury, inclosed in a
letter in the handwriting of M'Qucen himself, in which he re.
quested its insertion, and desired that a copy of it should be sent to
Mr. Pyke, the editor of the Reporter. Accordingly Mr. Drury
published the article, and sent a copy of it to Mr. Pyke, who like.
wise published it in his paper. 'I article stated that the verdict
given by the High Peak special jury, in the late cause respecting
the Magpie mines, had astonished every sensible and impartial per-
son who heart it tried and it then went on very strongly to insi-
nuate that the jury had been influenced by corrupt motives, and
had returned a verdict contrary to the evidence. 'l'he Learned
Counsel said he had the affidavits of ten of those gentlemen (the
other two being at a distance, their affidavits could not be conve-
niently obtained in time for this motion) who were of considerable
rvilt and station in thel county, sand who swore that they were
wholly unconnected with the parties in the cause, that they found a
conscientious verdict according to the evidence before them, and
that they were wholly innocent of the charge contained in this pub-
lication.

The Court granted a rule to show cause
MANDAMUS.

Mr. amp POLLOCK 8;1oved&;;ule to show cause why a
mandamus should not be directed to the Commissioner* of the
Court of Insolvent Debtors, commanding them to make an order to
the Warden of the Fleet prison, directing him to move a person
named IVilliain Yates, who was in his custody, to Bristol, in order
that he might be examined there, preparatory to his taking the be.
nefit of the Act. It appeared t!'at by the sth Geo. IV, ch. 6', sec.
13, the Commissioners were authorised to make an order for the
removal of debtors from the prisons in London to prisons in the
country, under certain circumstances specified in the Act, and that
in pursuance of this power the Commissioners of the Insolvent
Debtors' Court had made such an order for the removal of Yates,
but the Warden of the Fleet refused to obey it, because it was not
specially directed to him. The wording of the clause did not pre.
scribe the form of the order. nor did the Act appear to authorise the
Commissioners to enforce its observance. Tic present application
was made to compel them to direct an order specifically to the
Warden of the Fleet. The Mandial of the Kiog's Bench and the
keepers of other prisons had uniformly obeyed these orders, but
the Warden of the Fleet apprehended that by doing so he might
subject himself to an action ; which opinion had, in some degree,
been cautioned by that of one of the Learned Judges of the
Court of Common Pleas, to whom the Warden had privately ap-
plied for advice.
The Co rive did not feel themselves empowered to grant the
motion. as it wart more a matter of form than anything else : and
Mr. Justice BAYLEY intimated that as the Commissioners de-
rived their authority from an Act of Parliament, in making the
order he was inclined to believe that they possessed also the ne-
cessary power to enforce obedience TO that atithority : but his Lord-
ship did not express a positive opinion on the subject.
Rule refused.

Mr. Justice BAY LEY said that after the niotio,is nn the peremr,
tory papers were disposed of. the Court would proceed with the
motions for hew trials ; and that those of " Cooke v. Banks," and
the " King v. Russell" were neatly the first.

COURT OF COMMON PLEAS, MONDAY, JAN. 23.

This being the first day of Tensi., the Judges d:d not come into
Court till one o'clock.

BAGWELL V. TOOT IT.

This ease, a writ of right, was berore the Court last Term, and
was then adjourned in consequence of the non-appearance of
one of the knights appointed to form the grand swine.
Mr. Sergeant BOSAN4 t: ET. in moving for a rule to show cause
why a nonsuit should nut be entered, read a certificate from the
medical attendant of Sir tleorge Alderson, which stated that from
the precarious state of that gentleman's health, it would beimpossi-
hle for him to attend the Court during the present or any future
Term, it being with extreme difficulty the, sir O. Alderson could be
moved from one room to another. The Learned Sergeant said
that in this case there were two courses open to hint ; the first was,
that upon the affidavit now read the process should be taken ofEtlie
roll and a new pmcess entered ; and the second was, that by a
suggestion on the roll that one of the Khigh!l could not attend. the
trial might be allowed to proceed, a fourth Knight tieing found by
writ of intanirt f.iciar to complete the number requi:cd by Los to