The British Press; or, Morning Literary Advertiser.
London, England, 1819-08-12 00:00:00

.tbe 1.4 ;. •
LAW INTELLIGENCE:
COURT OF CHANCERY. LlNcomes Ipin,
WEDmcgo.tv, Avow? 11.

THE QLEINSBERRY ESTATES.
• Mr. WETHKREI.I, stated, this eras Ike petition
of the !rapers of the lste• Duke of Queensberry.

end it wits made necessary by, the Iste.judgment of
the !loupe wr Lords. which decided. that (asses

grouted by the late Duke to the were not ♦slid:
There WU/ w NM! in Court for the purpose of emu-

providing them fur the loss they might sustain on the
le.isrs bring reduced. He WUs instructed to suggest
to his Lordship, that the Court should direct • cum-
. .

missiou. to ascertain what compensation should be
made to the lesvees, which would be a better
cnurse than for the lessees to sue individually in
the Court of Session in Scotland. lie confessed he

had not been able to find ■ny' case where the Court
had directe4 a Commission of this nature; but
want of precedent, lie was convinced, would not
prevent his Lordship from granting it, when the
purpose was to save expense and litigation ; fur,
when the Commission was executed, the Imre%
would be severally entitled to their compensation.
He was not aware of any other proceeding that the

Court could, direct that would answer the purpose.
Under those circumstances, he took the liberty of
Making the suggestion on ope • g the petition
generally.
Mr. A BERCROMBY and Mr. BARBER followed.
Mr. HART said he was at a loss how to give an
answer to this petition, for he did not know what it
preyed for. If it prayed that our person might be
at liberty to sue for the whole of the lessees, that
could be done without presenting the petition.
His Lordship could not grant a Commission that
was not prayed for. He, however, doubted, if it
was prayed for, that the Court had the jurisdiction
to grant it: If the petition was only presented. for
the purpose of compressing litigation, he would
not oppose it, but it asked that all the lessees
might be at liberty to bring suits or actions. He
agreed•that it would be wise in all the lessees who
were adults, to agree that a bill should be filed by
one for the benefit of the whole, and if there were
■ny infants amongst them, on an application to his
Lordship, he would refer it to the Master to devise
how consent could be given for them, so that they
might become parties to the suit. In his humble
opinion, the petition was only presented to get the
authority of the Court for a proceeding most dan-
gerous and novel in its nature. If they would
• bring forward any proposition that was applicable
to the case, his clients would accede to it, hut
under all the circumstances of the case, he had no
doubt but his Lordship would dismiss the petition
with costs.
Mr. TnEsLovE followed, and said that the House
of Lords had sent hack the decree to Scotland, to
reduce the leases, and to inquire what competiss-
tion ought to he made to the lessees; therefore if
his Lordship directed a Commission, he would he
only doing what the House of Lords had done
before.

Mr. Tito',sign, Counsel for the executors of the
late Duke of Qnsteusberry, said that his clients had
no other interest than to protect the property of the
testator from the expense of useless litigation, which
would be the case if the Commission was granted.
As he understood rsbut was done in the House of
Lords, their Lordships sent the decree back to the
Scots Courts for something to be done there before
the leases were reduced. He was aware that his
Lordship would not part with the fund in Court,
until it was ascertained the amount of compensa-
tion the lessees were entitled to. He acknowledg-
ed he was not acquainted with the Scots law, but
there might be such a case that the lessees would
not be entitled to any thing by the way of com-
pensation ; hut if they were, the Commissioners
acting under a Commission directed by that Court,
could not ;,;rant it to them, as it could be done j
only by a Court of Law in Scotlend;
Sir A. Pinaorr, Counsel for the legatees under
the will of the late Duke, said, he could not look
at the petition without a feeling of indignation, for
it prayed for nothing, and his-Lordship was asked
to direct a Commission on the suggestion of Coun-
sel. He wished to draw his Lordship's attention
to the petitioners. They appeared on the face of
the petition to be Robert Anderson and John
Barker, and they set forth that they petitioned on
behalf of themselves and all other persons who
have claims on the Queensberry estates. He had
heard of a creditor petitioning on behalf of him-
self and the other creditors of an estate, but here
there was no creditor or claimant, for the leases
were not reduced, and perhaps never might. He
would wish to know if they had got a power of at-
torney from the other lessees to act fur them, for
they had been gravely told that the application was
to save the expense of litigation.
The LoRD CHANCELLOR—" They only wish
we-should have a share in the profits of thelift-
I •
gation.".
Sir A. PlcnorT said, certainly it would not he
fair that it should all he expended in the north,
without letting poor old England hare her share of
the profits, particularly now, when she wanted it so
much. Ile, for his own sake, and those around
him, could not object to have a lump of it ; but
however humorous this might lie, his clients, the
legatees, wished to guard against it, as they hoped
to be paid their legacies if due care was taken of..
the property. There never was an opplication
made to that Court which had so little ground to
stand on. He therefore had no doubt but his
Lordship would dismiss the petition with costs.
Mr. RoUrELI. followed.
The Loan CHANCEI.I.OIt...-" The. House of
Louts decided, that the 57 years leases should be
reduced ; that duration made it alienation according
• to the Scots law, that no grassums were allowed,
hut they allowed for purging the inheritance.
They refused to decide relative to the other leases."
Mr. WETIIERELL rep".d.
The Loan Cii.loEl.l.
dispOsing of this petitidn,
over moil the Court of
leases shall be reduced,
next Session. -Let this
over until the last day of
out prejudice to airy question
. IIIE• EARL OF VARMOV-
Inviter of THE
Mr. TaYsLovE said,
t Learned Leader (Slr.

....

on a petition presented by,the Earl of iisirrnOu'h.
bh behalf of hirustrif ilid the other legareeit end
antitiihMes or the late Duke of Queensberry,
that it might he referred to the -Miter to" inqbire
and report how much of the sum of one
million t
two hundred and twenty thousand One hundred and
fifty-woe l *ids, their in Court, ought to be vest-
ed in Exchequer bills, far the psymeht of the le-.
titres anti iiimurtants of the late Duke. The in-
tention of the application was, that whatever sum
the Master ei0111:1 report M.O. ‘!"4. 1111!:11Clible for
the sasyment of the petitioner-. should b • transfer-
red from the 3 per ('ent. Cll2l,fsl. I.:Tgl I?,l.quer
billa, or: the gro I that the Cons,ils ve,re mote
Itable.to fluctuate than the Exclitqii.r
Mr. WINGFiF.I.P. 1131,11,g Cl? Mt. 111111 Court. ad-
mitted that the application was of a novel is:time;
but if it could be *hewn that it was for the general
advantage of the•parties. he hid no doubt but his
Lordship would grant it.
The Loan CtiiricELLoit —l' Exchequer hills
are also liable to foci oat a, for the • Chancellor
of the Exchequer will sometimes issue them at
twopence-halfpenny, and at other times they ore
not wooly three farthings."
Mr. WINGFIELD observed, that if his L 01114111)
grinned the application, it could not at6ct any of
the parties except the petitioners.
The LORD CHANGELLOR-..." If I do what you
ask, I may he called on to do the smelt thing in
every case where the Master lito reported opecili-
cally the vim in Court. In fact, it is asking sue
to alter the settled practice of'the Court. I will
toot go out of 1112 regular course. Let this petition
stand over with the preceding one, until the last
day of Nlichatlmas Term."

♦ICE-CIHANCELLOR'S COURT, LnicOLN'o-INN,

WIDNEsDAT, AUGUST 11.

The Court was engaged during the des- in hearing
bankrupt petitions. A great number of cases were
disposed of, but not of a nature to produce public
interest.

INSOLVENT DEBTORS' COURT,

WEDNESDAY. AUGUST 11.

There were several opposition cases this day, but
they were quite uninteresting.
Richard Swayne, late a farmer at Chertsey, in
Surrey, was opposed by Mr. HEATH, 011 two
grounds-Ist, for a fraudulent conveyance of his
property ; and idly, for an undue reference. It
was alleged by the. Learned Counsel, that the In-
solvent had made a conveyance of his interest in the
produce of his farm from year to year to a relative
of his own, who hail since under this conveyance
obtained rissession of the stock, and that this was
done to defeat the claims of other creditors. But
on the examination of the Insolvent (and no other
witness was produced), it appeared that this con-
veyance was made three or four years ago, and pus-
ses,ion given older it in 1816.
The Coy RT therefore held, that no proof of
either fraudulesit. conveyance or undue preference
wasmade out, and the Insolvent was therefore en-
titled to his discharge.
Samuel .locobs was opposed by Mr. POLLOCK,
on the ground of his obtaining credit without hav-
ing my probable means of paying his debts.
It appeared from the testimony of the Insolvent,
that he had been last year engaged in the corn trade,
which proved a very losing business, and that
though he had purchased at the close of the year,
and in expectat• of making a good sale, he had
been disappointed and compelled to sell at a loss.
The COURT observed, that in acting upon the
clause which provided against contracting debts
I under false pretences, and without probable means
of paying, it was necessary that the intention of
the party so to act, should be clearly collected
from his situation and conduct. Here, though the
Insolvent appeared to be speculating in an article
of trade, the price of which was constantly varying,
and was compelled to sell at a loss, it was not, as
the facts stood, to be inferred, that- he boil bought
merely to get the property of another into his hands,
and then to sell it as he could. One man may be
'fortunate and another unfortunate in the same spe-
culation, without any dishonest intention being at-
tached to the man, who, to use the common phrase,
was unable to keep Its head shove water. There
was nothing in this case to satisfy the Court that
the Insolvent had acted with gross injustice towards
his other creditors. He was therefore discharged.

RULES OF COURT.
In the course of the day, in the progress of some
cases, the Learned Commissioner observed, that he
would not, without mature consideration, and with-
out a full set:se of a practical evil arising from some
of them, alter any of the existing rules of Court, be-
cause he was bound to believe that they acre adopt-
ed upon a sense of their justice and necessity. It
was also lobe borne in mind, that the Acts which
constituted the Court were under the revision of
the Legislature, and there was a possibility that he
might perhaps alter a rule which the Legislature
might think essential to the administration of the
Act. NVlivrever he found it absolutely necessary,
in the performance of his duty, to alter a rule, he
should certainly do so, but not without mature con-
sideration.

At Worcester Assizes, Richard Wearer, charged
with kalif""' and slaying IL G A RDETT, of Lindridge,
was toutid—Aot Guilty. Weaver: is driver of the
Ludlow mail, the horses of which ran Over GA R.
BETT, who wk4s very deaf. mid did not hear Weaver
halloo to him. Jahn Grindley, charged the
murder of TIIOSI AS • MANN N fi, iu .a
pukdistie
contest at Bromsgrove—Guilty of Manslaughter.
W. DAVIES, for a like offence ut
Plot Guilty.
At the Assizes for the-City of Exeter, Mr. Jus.
tice BEST, on the Grand Jury bring sworn, address.
ed theta in amost eloquent and impressive charge,
itatiog, that though it was usual to leave this to the
- -.hour

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