The British Press; or, Morning Literary Advertiser.
London, England, 1824-01-24 00:00:00

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LA w -INTELLIGENCE.

( Plitt day of Tern.)

14;t://i/f 11• R I IS.

( Sittings in Basco.)

COURT Of CHANCERY, FRIDAY, J•X.23.

The Loin CHANCELI.OII, Accortfing to long-established eus-
tout, attended this dny at Westminster to melt the Judge. on the
t:rst dor of term. (tit his return the usual Levee or the Lord
haneellor took glare in his private room, which the King's Coun-
sel attended in full dress. On account of the lateness or the hour
t %Mai his Lordship was enabled to preside in Court, he post-
poned the further argument in the case of Grimsteed in re Howard
mud lithbe until to-morrow.

IN Till: NATTER Or 11111 TR.
The Loan CTIANCELLoR, our readers may ternern'bor. a few
Jays ago expreesed a doubt a• to the positive power of the
Vice-Chancellor to strike the name of a aulteitor off the list of so-
licitors.
Mr. HART brought his awdrhip's attention to the case of the'
inch; ideal solicitor in whose regard the Vice•Chanullor exercised
this power.
The LORI) CRANCE I.LOR said It was a mut important case,
lost one that he felt great difficulty in. An application hid been
wade to the Court of King's likneh to strike this gentleman off the
Moll of that Court, and upon hearing it an order was made sects:l-
- His Lordship always understood that it was quite a matter
tat avulse, when an attorney was struck off the Roll of one of the
Courts of Westminster, that he should immediately be struck off
in the other. That having been done in this instance, a petition
aas presented to the Vice-Chancelhw 'to have him struck off the
Htit of this C4iurt, and his Honour did strike him off; but, on a
reconsideration of the case, he was of opinion that he had no au-
thority to make such an order ; the consequence was, that Mr.
Smith presented a petition praying his locrdship to confirm the
Vice-Chancellor's order, discharging his former ordc... that he
might immediately go to the King's Bench to tell that Court he
had Iseersio-admittW by this Court. Now in that Mr. Susith was,
in a mistake, for the cane now stood as it war when it first camel
before the other branch of this Court. On the whole, his Lordship,
thcatght the best thing that Mr. Smith could 4o would be, to try
to get the Court of King's Bench to teconsiler their order ; the
unkr war of a nature no serious, that his Lordship thought it the
King's Bench had the least idea that any thing bad been misunder-
stood. they would not hesitate to reconsider it.
Mr. }ure made a few i.bservations on the port of Mr. Smith,
and concluded by saying he would endeavour terlind a precedent to
enable this Court to interfere in ewe it could see that Mr.
Smith ought to be re-admitted, and to make an order to that
eta. .

PRACTICE IN DEMURRERS.
The Loin Cuswcet.i.ow wished to intimate, he had found
there were demurrers standing in this Court tor I, 2,3, 4, and le
scars, in which all matters in dispute were long ago entirely settled,
Still they were standing, to the obloquy of this Court, which he
thought exceedinglif unjust.
•_ SI GRP:fa/RV P. TURNER.

Mr. Hon vr asked permission, on the part of the Solicitor of
Sir O. P. 'Turner, to present • petition to canvass the finding of
the jury in the commissum of lunacy appointed to ascertain wile-
the. Moo. Bart. was a lunatic or nut.
The Loan CHANCELLOR thcught that the Solicitor had ac-
quiesced in the finding of the jury.
Mr. Houck suhmitte I, that Sir G. I'. Tomer dismissed that
so/leiter and appointed another, on whose instruction he made the
present motion
!'ho LORD CIIANCVLLOR said he had no power to prevent the
yrcet nation of a petition to the Cou:t. lie would say, however,
.hat the finding of the jury appeared to him very satisfactory.

~................ .. ......_.._
The SOLICITOR GENt:RAL valet! his Lordship's attention to
tkus Pins, which stood for judgment. It had been argued at lengtl
a11...a11y, and a was very important that an early derision of his
fowl
Losibilti should bc given. as to the manner in which it should be
ilia of.
' he boan Caitancint.oa was of opinion that an issue should
be directed, but had nut niade up his mind as to the form which
such issue should assaine.
Tbs Sealtaron Claws:am. suggested a form which did not
corrosion& with that on which the opposite side was desirous that
the issentairld be directed.

The Loan Lima wished that the parties would eon.
suit out of Court as to the form of the issue he should direct, and
let the maybe mentioned when such an agreement had been entered
111140.

DAVID CARRICK v. THE EARL or CAMDEN.
kr. HART presented • petition on the collateral part of this
date. The aseninal plaiutirin it was the celebrated actor of that I
earns. The present petitioner was Mrs. Payne; and the prayer of
thereltion was, that 4,7001., the residue of the property of David
should be transferred in the stocks from the mime of
Hugh in whose name it stood, to the possession of the pe-
titi•nen It appeared, that David Garrick at his death made his
property divisible into three quantities. One-third of these quan.
Lusa mead into the hands ut 11. Roily, whose residuary legatee he
wall. In kat Mil an order was made that the fund should be trans-
tsrrod to dlr. tinily, and in June following an order fur payment
wits-11111de by the Master of the Rolls. The Learned Gentleman
complained, that notice had not been given to the petitioner in or-
der to enable him to resist such order.

Mr. PNTYS On the part of Mr. Bally, opposed the petition. To
thew that sulicient notice had been given, he read passages, ad-
mitting, by the opposite side, that due notice had been given of
the proceedings intended to be adopted by Alr. Bally. Mr. Beily
was endowed 40 ISIAL• application on account of several notion
which had bum sent to him for payment, as Mrs. Payyooee had as-
signed bit pmedf the divisible quaddithe to served elsiaraee ler
debt. Mr. Rally wished to have the property secured, in order
that it alight be ascertained what claims were to he satisfied out of
It. He animadverted severely on the conduct of the solicitor who
hail mede an incorrect etasement of facts to the Counsel.
'Dbe 4011. CUAINCELLOR intimated to Mr. fleet, who was
about to reply, that he would hear further arguments in the cause
on Monday.

stoual.ar T. TWEE OF 11011ER‘ET.
The !AID CHANCELLOR intimated his intention of
ing his judgment in this cause from to-morrow to Montra°7llll
He was desirous of examining more minutely than he hitherto had
hadtime to do, the affidavits affinnatory of the plans.

COURT OF JUNO'S BENCH, FRIDAY, JAW. M.

This being the first day of Hilary Term, the Judge. did not take
theW seats till one o'clock. There was a very numerous attend-
ance or Barristers. The King's Counsel appeared, according to
cu ton, in Court dresses.
LIBEL.

Mr. SCAIII.ETT 1110•111 foTar•lito show cause why a criminal
information should rot be sled against the proprietor and publisher
of the Neal John Hull Sunday newspaper, for a libel on the Bishop
et Exeter, contained in that Paper. of the 2d of November lam ft
appeased that the 'bebop had received information that the triCuM_
bear of a certain living had left his parish without pemilialoo, and
ma being applied to on the subject, his reply was that he was
but. WI afterwards ascertained that he was living In a state of
opeccinermtinence. The Bishop, therefore. thought it his duty to
institute proceedings against hint in the Ecclesiastical Court, the,
runts of which was his suspention from his living for the term of!
Nirec•yetirs. The alleged libel declared that the prosecution was
commented by the bishop of Exeter at the instigation of a strum-
pet with wbeen helves seen publicly walking stet-in-ern ; that he
hail from private feelings iiemectited the clergyman, who was a
bachelor ; hut bad suffered another in hi. diocese, a married man,
to remain in open adultery with a married woman. The Learned
0/towel thea read the
Tb• laoltb*Cu ter' J 1,61 mt.—Take a rule to shot, cause.
Ut11111.4501.4 TATTERSALL.

This sits an action tried at the late sittings at Guildhall, before the
Lord Chief Justice, tr MOM back the sum of 1761., which had
been paid by plaii.tilf to defendant, for a horse alleged to have
been sold under a warranty.
Mr. GURNEY moved for a rule to show cause why the verdict
Ilsould not be net aside, lad a new trial granted, nn the ground that
there had been no proof Of a warranty.
Ruli granted.
COURT OF CO3I)II3IIrXAS, lirsirramerrza,
Fativar, JAm. 23.

This being the first day of Hilary Term, the Judges, as usual,
breakfasted with the Lord Chancellor.
At One o'clock die Jodges of We Court (with the ex • af
Mr. Justice sigbrdwm, who is still at Malta for the benegt of hie
bedlth) took their seats on the Bondi. The new Chief Justice,
hit Robert Gifford, presided for the first time dace his appoint.
nht.ut.
HOLMES V. lIRMICOTT.
After the routine badness had bean gone through,
-Mn Sergeant I.AT/(111A11 moved for a rule to thew cause& why
the defends/et is this action should not be discharged oat of the
custody of the Warden of the Fleet prison. The defendant was a
prisoner on novae process, and had petitioned the Commissioners of
the Insolvent Debtors' Vain fur his discharge. On the hearing of
doe petition, the prisoner was remanded by that Court for eighteen
months at the suit tibia detaining creditor, within the wells of the
Fleet Prison. Since the sentence of the Insolvent Court on the de.
reiolant, the plaintiff had died. and the Learned Sergeant now
moved that the detetnlant should he discharged; the suit. as he be-
lieved, having altered in consequence of the death of the plaintiff.
This was certainly a aew ease; bat the Court were aware that the
death of a plaintiff before judgment abated the suit, and that the
Learned Sergeant submitted was enslaves to the present case.
Ile conceived that nu administrator antennae could, under these
circunummees, take any step before judgment. Ills only remedy
was by /Jeri Arras. The enderof the Insolvent Court was, that the
defendant should be coutinal for eighteen months within the walls
00 the Fleet Prison, at the suit of a detaining creditor. But in this
ease there was no detaining creditor, the plaintiff haring died.
There was an order of this Court, which stated that no defendant
should he Jiselfergell out of custody, although even the plaintiff
should abstain from proceeding to judgment, without a special under
ol the Court for that purpose. That order evidently recognised a
pi timid.; but in this case therewea no plaintiff; therefore he trusted
the Court would grant the conditional rule.
Rule geanktl.

OLD narr,Er sR.cVIONS,

FRIDAY, JAN. 23.

Janet was indicted for stealing a hag, value 21., the pro-
rerty of Craig and others. There were several other counts in
the indictment.
Sir. Auni.istrs.s stated the Mkt for the prosecution, and Mr.
A XlinEWa appeared for the prisoner.
Win. Ray deposed, that he was guard of the Exeter Auxiliary
Malt, which goes from the .Ikll and Crown, Holborn. The coach
stars on alternate evenings witness saw the prisoner 00 the sth
of January standing in the .nn-yard, whilst he was loading the
roach, and two other men were standing with him. They stood
about twenty minutes ; the prisoner got on the coach, and the wit-
ness asked him where he was going? he replied to Hounslow;
another young man took his seat on the coach-box ; witness put a
leather bag in the boot, containing several small parcels for deli.
very on the road ; the near boot was about halt' full, the depth of
which was about two feet and a half. On arriving at the Glouces-
ter Coffee-house, witness put in other parcels upon this bag, and
nearly tilled the boot; the young man on the box then got down,
and the witness went into the office for his way-bid, the prisoner at
the time getting on the box ; as the witness came out of the office
he discovered a man standing on the off.side of the coach endes-
vourins; to pull out the bag in question ; the prisoner assisted him,
he haring more pettier to draw out the bag, from being above it.
The witness went up to him and pushed him away, and put the
bag in :.gain, which was nearly out of the boot ; the man ran away,
and tile prisoner got off the box. Witness accosted the prisoner,
sod told him that he was in league with the man who had run
away ; the prisoner said he was a gentleman, and must go beck
into the city for a parcel.
in his cross-examination, witness stated that he was responsible
to the proprietors for the parcels entrusted to his care, and these
small parcels were particblarly in his charge.
Francis Vickers, a coachman of the Exeter mail, stated, that, on
the Ist of January prisoner took a place by hit coach, ani rode to
the Gloucester Coffee-house, when he got dowb, saying that he had
forgotten a small parcel, and must go back. Witness saw the pri-
loliCT again on the sth, at the Bell and Crown, and saw him again
that evening in Piccadilly, and heard the last witness ask him if he
knew the man whom he assisted In taking out the bag. He was
positive that the prisoner said he did know him.
Richard Turk, the coachman of the Bath mail, saw the prisoner
on the sth January, endeavouring to draw a bag out of the Auxi-
liary Exeter mail, as described by the first witness.
John Cranston, the coachman of the Walton coach, saw the
Exeter mail in Piccadilly on the sth, aid noticed a man oa the
spoke of the wheel, endeavouring to get a leather bag out, and the
prisoner on the box assisting him. The mouth of the bag was out
of the box. ft must have Leo removed.
William Kent, the clerk at the coach-office, described the firm !
the proprietors.
The prisoner made no defence.
The Cousins SEIttIEAXT, after reading 1141•111111 cases which I,
related to the asportation of property, put it to the Jury to say
whether the prisoner was there with intent to steal?
The Jury expressed an opinion that he was there for the purpose
of stealing.
The CO)19100 SgiOZANS asked the Jury if be should sum
up to them ?
The Foreman void there was no necessity for that; ar.d the Jury
returned a verdict of Giiiliy ; and added, that they found that the
hag had been removed front its place by the prisoner with intent
to steal it, and that be was disturbed in the act of stealing.
The COMMON SCOIGKANT—Let judgment be respited until
next Sessions. The exportation in this case comes so near the boun-
dary line, as must be the case sometimes in Courts of Justice, act-
ing on general principles, that it will be well to reserve it fur the
oinnion of the Judges.
ROBBERY OF THE WARDROBE OF DRURY-LANE

-
it •
Ex-rtstottvit Ros Ft w.—ltet omen five and eight o'clock on the
everh.• of Tuesday last, the house of Ueorge Charles .Julius, Esq.
at ',mild, was burglariously entered, and rubbed of a check
*,r 2001., aotue Edinburgh one-pound notes, a twenty-pound and
ten-pound note of the Bank of England, and amend five-povand
notes, a lorge number of sovereigns and some silver, ■ sealed
letter, rencaning a five.powod note, and snail sovereigns, with
which the robbers got clear of.
4
11146.