The British Press; or, Morning Literary Advertiser.
London, England, 1822-01-29 00:00:00

-tali► ifriVuloatfet

COURT OF CHANCERY, l.nrcottes
. .
prOallbAir, JANTJAIT S.
EX-PARTS MAWR, IN THE MATTER OP HOWARD
AND GIBBS. BANKRUPTS.
The ATTORNEY-GENERAL, at the sitting of tl.e
Court, requested that his Lordship would allow this
cove to stand over for a few days, for the purpose of
giving Counsel time to prepaie themselves for the
Argument.
Mr. Honig wished to know to what point thcy
were to address the Court ?

The LORD CHANCELLOR—To the phint wh.ther
• bankrupt executor Can prove agstn•t his osm
estate without an order of the Court for that
purpose. I find that. when the choice of as-
signees was made under the first COMOIII.I.IOn, and
Carroll, Shrve, and Duffs appointed, there nas
a petition presented spinat that choice, siv...l
by Wilkie, one of the•prtseat assignees, asserting
that Carroll's debt was covered with usury, and is
the face of that petition, on the second choice et'
assignees, he voted far Carroll; I wir.ll to see how
a person could turn round an. IVilkie may he able
to explain this on affidavit; if it is not explantril
it will make a singular circumstance in the case.
The ATTORNEY-Gme ERA L--Perhaps your Lord-
ship wall allow it to come on, on Monday next.
Mr. HORNI—Then we are to understand, who-
ever the argument may be, that it is to he ground-
ed on the evidence already before the Court.
The LORD CHANCELLOR—CertainIy.
Argument fixed fur Monday next.

COURT OP KING'S BENCH, Worritortta.
MOIDAIN JAIULIIT 28.
LIBEL
LEWIS V. WALTZ&

This was an act 101 l of libel tried before the Lord
Chief Justice at the late Sittings at Guildhall.
The Plaintiff is an attorney, and the Defendant the
proprietor of the Times newspaper. The libel
complained of was contained in the report of pro-
ceedings which took place at the Kingston Assizes,
in which Mr. Lewis and others were Defendant•,
on a charge of conspiracy, and in which the De-
fendants were acqoittedi The alleged libel, after
stating the particulars of the trial, concluded by
saying, " the Jury found themselves obliged to
acquit the Defendants, to the great regret of a
crowded Court, upon whom the evidence, as far as
it went, made a great impression." The Plaintiff,
in his declaration, set forth, that he was an attorney
of the Court of King's Bench, and that the libel
in question was published of and concerning Or
Plaintiff as an attorney, and with intent to injure
him iu his profession.
The evidence at the trial proved that in 1813 the
Plaintiff was regularly admitted an attorney, but
there was no proof that he had taken out any
certificate.

Mr. Svaiturrr, upon this evidence, contended,
that the Plaintiff must he nonsuited, as the declara-
tion was not made out ; for how could the Plaintiff
be injured in his profession of attorney when it had
appeared that he had taken out no certificate, and,
consequently. could not legally practise ? and, fur-
ther, there was an absence of all proof that he had
at all practised since 1816 ? Upon this objection
the Lord Chief Justice tionsuited the Plaintiff.
The SOLICITOII-GENERAL now applied fora rule
to shew cause why the tionsuit should not be art
aside, on the ground that the declaration was suf-
ficiently sustained by the proof offered at the trial,
that the Plaintiff was an attorney of the Court iu
1813. It was for the Defendant to *hew that he
had ceased to continue an attorney, but it must he
presumed he was so still, and the proof of practice
was unnecessary. The Learned Counsel cited tbe
case of Bell v. Byrne, and one from the 3d Nadir
arid Selwyn, in support of his applicatiou.—Rule
Nisi granted.

STAIILST W. DOBBS.
This was a penal action to recover one penalty of
100/. for having, contrary to the provisions of the
Act of the 50th George 111. supplied the work-
house of Bethnal-green with milk, he bring •
guardian of the poor of that parish. At the
trial it appeared that, by the local Act for regulat-
ing the pariah in question, •ll inhabitants holding
to the annual amount of 801. are eligible to the
tuition of guardian of the poor. The Defendant
had qualified for that office some years ago, but
had ceased to take any part in the management of
the pariah expenditure. He was by trade a cow.
keeper, and supplied the poor-house with aboitt
two quarts of milk daily, which was fetched by cite
of the paupers, sent by the master of the work-
house. The Defendant's bill was paid at stated
periods by the vestry clerk. It also appeared tbat
upwards of a year and • half before the period at
which this transaction commenced, the Defericl.mt
had ceased to act as guardian of the poor. T,ie
Chief Justice, who tried the cause, considering ei.tt
it was • penal Statute, thought the proof of
Defendant being an overseer hardly sofficiettly
made out, more especially as the supply was un-
questionably not within the spirit of the Act, a—i
directed that the Plaintiff should be nonsuited.

Mr. SCAILLITT uow applied to have the t
set aside. The Learned Counsel submitted
this case was certainly within the letter if not t. r
spirit of the Act. The Defendant hod acted . •
guardian of the poor, and though he had nit r•-
crutly attended, yet he still might atteurinf
chose, and audit his own accounts.

The LORD CHIEF JUSTICE said hia impre•riou
now was the same as it had been at the trial ; ;
Mr. Justice BAYLEY and the rest of the Cowt
thinking the question one of importance, and wor-
thy of further consideration. a rule to 'hew crti.e
why the nousuit should not be set aside was iv auted.

COURT OF COMMON PLEA!, iVetrutima,
JANIJAZY 14.

JOHNSON N. ROLA H MID OTHERS.
This was as action for breach of covenant fur the non•
production of partnership books.
Mr. Serjeant VAUGHAN this day moved fora rule to she.r
nose why the isquisition had upon the writ of jogai. y
ese-
cuted in this dome should sot be set aside, and a new ism
executed before a judge. This motion he submitted ou the
following groisasis:—.

la.—That riaseaps bad bees gives without any proof of
damage.
the damages gives were excessive.
3d.—That the Defaulting' skeet', who could bare pro►rd

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