The British Press; or, Morning Literary Advertiser.
London, England, 1822-12-18 00:00:00

CITY BUSINESS.

A Court of Aldermen was held yesterday at Guildhall for
the general dispatch of public twines, at which the Lord
tilyor, thirteen Aldermen, Recorder, Sheriffs, and City
Officers attended.
Mr. lisish, who was recently elected one of the Bridge-
masters, was sworn into office.
Commissioners of the Court of Requests for January were
appointed.
The Inquest of Dowgate Ward made a presentment of some
ruinous premises relative to the deck there, when the Soli-
citor was instructed to put the Act in force respecting the Snit
part of the presentiment, add the latter part wits referred to
the Alderman of the Ward to give such directions as he
should see fit.

Sundry persons were sworn, and others allowed to be ad-
mitted brokers.
The Inquest of Castle Baynard Ward and St. Andrew,
Holborn, presented sundry non-freemen, which were referred
to the Chamberlain. _ _

The Court licensed several cod undertakers.
A reference was made to a Committee to consider relative
to slaughter house, is the City.
The Lord Mayor will hold a Court of Common Coancil to-

AtV INTELLIGENCE.

COMM OF egANCERV, tocsin-, DECEMBER N.

DEERE V. WARD.

Mr. Haag said, that he was now prepared to answer the
question which his Lordship had pat to biro yesterday with
respect to the production or all the papers ant documents in
the solicitor's hands, before the Mail*. His Lordship sppear-
ed to think that there had been sendething like negligence in
this respect, but he would find that all the papers in pewee-
sioii of the parties bad been seat before the Master. Since
that time, however, other meta bad been discovered, which
were not then known to exist. Evelyn Rowland Cotton, and
the other oldies before the Court, had been since ascertain.
ed to be the heir at law and next of kin to the Lunatic, Wil-
helm Cotton. On the Master's report,which was as correct as
the facts would allow it to be, ail the subsequent proceedings
had been founded. It would be evident, therefore, to his
Lordship, that do negligence had been shewn by the Master
in not instituting inquiries as to the heir at law and noyt of
kin, He had thought it his duty to state this, out of respect
lithe memory of that gentleman (Mr. Thomson, we believe),
who had correctly performed his duty.
The Loan Crissetwit —" I did not impute any ueglect to
the Master: I said there was negligence somewhere, sad
say so still. As to the papers and documents, I 'Dean to have
them all before me."

LLOYD AND OTHERS V. ST. PAUL, HART. AND

OTHERS.

In this case, which *mired property to the very large
amount of 16,0001. or le,oool. per annum, Mr. F coo•
eluded his observations.
Mr. Peres, in toply, supported the objection takes by Mr.
Heald to the reading of the Plaintiff's affidavit. The priaci-
ple on which the case of Norway and hove, in SM4PlitOllI'S &-
Forts, had been decided, bad always been recognised as the
law of the Court. Ile then reciipitulated the facts, *ad poiot-
ed out the similarity of the two cases. Both parties derive
their title from the same instrument—the grant to the family
10l Ward. We take it under the will of Lord Dudley-and-
Ward. We have been in possession beyond the reach of me-
' mory,have been continually working the coal-pits, red have
' always been compensated by others when they have worked
them ; and moreover, the Plaintiffs themselves have sold to
the Defendants pareeis of land rug to the lands in restioo,
in order that we might work the identical mines which Hie)
now ask this injunction to restrain. These acts of ownership
are conclusive against any reservation. The undue of the
soil being of very little value the boandaries of minute sob-
divisions have been neglected **dare now entirely destroy-
ed. The under-ground operations, however, have always
been carried on by the Dellendants. The aeldavit professes
to establish facia and not title ; but it goes to establish facts
not in the bill, and is reality to make nut a title by making
,oist aright to sue. The great and insuperable objection is,
that the affidavit was filed after the answer wasut in ; not
to dewy say facts contained in it, but to supply frpets. This
the Court has often decided not to be admissible.
The Loan Cnuiczume-•" 1. think now, as I did at lint,
that it is better to decide the question of producing the deeds
in the first place. Possibly the deeds may admit the original
title, and the title now set up may oust the original title.—
The case of the Wows must be considered separately. If it
should appear that the deeds ought to be produced, then the
question as to the granting the injunction or not may be im-
mediately decided. rus not aware at present how the in •
spection of the deeds can be resisted."
Mr. Peres resisted the production. His clients had no
power over the deeds, which were in possession of Mr. Ver-
son. How could Sir Horace Bt. Paul produce aoy deeds
which were not under his control / There is no greater in-
jury in questions ofcoroplicated title than permitting the in •
spection of deeds. Hero there is a dispute of title. The Plain-
tiffs do not establish their title by any documents in their
bill, but they demand the permission to make it out from
deeds in the possession of the Defendants. Admitting all
their facts to be true, it does nut amount to proof of their
title.
The Loan CIIMICRISOR—" My opinion is, that the honesty
df this case required from Sir Horace and Lady St. Paul that
they should have applied to Mr. Vernon before they pot in
their answer. Suppose, Mr. Pepys, that you and I—which,
thank God, we are net—were proprietors of mines, and Mr.
Vernon hold such deeds, should we not bare inspected them
before we pat in our answers ? if Mr. Vernon is trustee sir
Sir Horace and Lady St. Paul only, then the deeds are cer-
tainly io their power. In saying they are not you are inac •
curate."
Mr. Paws—" Sir Horace St. Paul is only obliged to comply
with the orders of the Court, not to fling open his moninsent
room to every adventurer who wishes to strengthen any du-
bleu claim by examining his deeds."
Mr. JACOB appeared for the infant son of air Horace St.
Peel, Oho *as the remainder men in toil. The production
of the deeds was, in fret, nothing Ices than making public all
the title-deeds d 1 his inheritance.
.111* Lona Cnaweituent—" Bet, if you deny the reservittiaii*l
iltiwe metal be obliged to produce therb. leowyou do not
'.p it ; you simply say that the deeds are not in jour power.
Mr. Vernon's answeremoonts to odthing at all. lil be s trus-
See for Sir Horace and Lady St. Peel alone, he should:have
image en, and they should Woe denied the reservation. But if
there is a reservation in the deeds, then he is trustee fur all
She parties who may bare say right to claim under the deeds.
is answer is not'sittisfietory in saying he is merely trustee
gist thus party; the question is, may he not be trustee for both
pieties T"
Mr. Rams. said that Mr. Vernon had long since relit-
moished the trust, end restored all the deeds he his possession,
Ws the exception of these, which accidentally remained in
Ids beads.
la_Bll3lllollNti, for the lessees, sled,
_that before his Lord-
'Merest the production of these seeds, he *Maid satisfy
f that they contained what the Plaintiffs alleged. If the
deeds in possession of the Defendants are to be inspected,
Oa. Modd of lespectlon ought to made salsa,. We wish
Wee the administration of Abe obattetiateretiti oriercialmed,
0010 had netsadiarilr been vested in married wosais et-
elaoleely, for their benefit. These were absolutely dieesa:
=the estahlishoserit of their title, and these the Learned
I were unwilling torte:tau.
Mt. Miaow- Toe Mae fie a Utast/RE
_Mr: liturerwasipriseetided tri•elounitee the dliddeffiat of the
Plaintiff's title from the original grantor dealt; and to 0010
Na theidefeet of no adalinistrations having' here tikes all
thwart of these who had a chattel interest:
Mr: Hnuresamed that his clients, tbe lessees; hiid tak§h'S'
lease of this prephrtr, without receiving ? idle* ortife
present elide. They hid atse great ex • qte isi ereello
engines, he. with Mt Wind of flos Plain iflEselsti inisll4
obleetion. He'readaoine . of Lertf Dddley=atid- ,
which showed that the question of identity was ond iif lailf
standing, The maps made by Ilse Defendants themselves
were-Misbelief, and the names of the parts of the estate were
wholly yeefitied. His Lordship might pees on which aide
the justice of the cello ley:
Thebes& Owaheaurne-.11 If I were out' of Coati 1r fisi
have gamed *imago where thejestiedat Weise hi . else
Atjt
I omeisidy look a! 'what appears Jo preloG Tibia k 1W:
portent ewe; not ally teethe clahobali Waite:lNi le , , but,
gloat& aN awbsee of lame vents% higelbeitis eleyertir,
Isobar the -idelsoklui ' of lira•and at
__lit !Via ' c
comma asietiose •Wider north of 'III all !sadist h
a resenation as * aids sod obloduiffeld4 maths heat
seldom thought to
Ibis 'lsissivelimi Wooer*
I hive made. up nu opieloss aid am leady.tolillgtre.flota;
but there are meow why 1 shad defer it till to•morreve."
I WlLLltiret. gilLifff.
es!
heti; "%Wilier jilleady; betlehedore to. calf:6oBld
eta of tio'gettersil bittriett;velie &Wheels* froiklbeiThip.Chop,
WNW' It-was e qltbs bc deadfall.. op; AL, *wither
tie bequeetisf lesOltill rope to trostees, pir pipits to be
tied
M ttlibleidatdsitsl a64.tbell'islioe 'leather. person
afM' ' her Waviest, jilt 'their i . Mager
OW pedellatidn of f into &aid , St
caller thier4o4l that. liriaittnee a • it
,kff-litti spoils
dudes; The case of ewe ...Lord , 7 ireeeei wee
**amity reli•roil *Avner of the troilism; as containing the
gesteffiPeitief_ple oflgw.
Dye Lae* CoalloltlusieditiredAO itair-the aliie of tile
toletator's W81'; what lchlds Weimar to Ihil *Waller at the'
liine.o4 ad tirie tbkt *llll whet*? say of thou Owns "era
renew - e alit were the tens "sod the stature of those
leases. is would give his judgment on Thursday.

. ~.y ~

estate in question should be Woe firths Court from those in
fuo, and a receiver appointed., The facts of the 4.1660 7riteliPtaintiff were shorUy theses—The plaintiff's bro-
ther, George Clark, was Er man of property to the;
amount of 50,0001., and .resided near Ashley. He bad one
only daghter, named Maria Clerk Tarner, who was bore
he ore be was married to her mother, Raehael Clerk, one
of the defendants in the cause. He made a will, be.
queathing the whole of his personal property to Nis
natural daughter; and, on the 3d of October, tacO, be
died. Before his death, be bad made a contract for the
purchase of an estate, for the sum of +moot. • but as his
death took place suddenly, he was prevented dxiie fulfilling
this contract, and the vender obliged the executors to
fulfil it, and pay for it out of the personal estate of the de•
ceased. As the latter died intestate, with respect to this
estate, having left only his personal property, though there
was no doubt of his intention to have left this estate to her
also, bad he lived, it:descended to his brother, the plaintiff,
as collateral heir. The plaintiff, James Cleik, was an old
man epwards of 70 years of age, a poor labourer, who worked
for a family 01 7or a children, and was withal ignorant. He
could neither read ear write, was a marksman, and as infirm
in mind as be was in body. Oa the t3th of October, that is
tea days after his brother's death, he was at his work in the
'field whew the Defendant Hilton, the uncle of the deceased's
daughter, came to him, and requested that be would go with
him to the house of the widow Rachel Clerk, as they wanted
to settle something upon him. The Plaintiff left his work,
and went accordingly ; be was at that time utterly ignorant
that his brother liacf purehased an estate, Or that any thing
had descended to him. At the widew's house be found the
widow herself, Mr. Burton; the executor under his brother's
till, and a person whom be subsequently learned to be Mr.
Margessoc the attorney, and Hilton, who fetched him, was also
present. They there asked him whether he was willing to give
up the estate which his brother had purchased, and whether
sot. a•year would satisfy him ? The Plaintiffswore that be was
at the time ignorant of his rights, and beieg.poor, and be-
lieving that if he did not accept the proposed settlement of
sot. myear he should get nothing, he did accede to the pro-
point. e
Some papers were then read to him', but io such a meaner
that be did not, on account of his deafness, hear or under-
stand the contents. They were teedered to him for
signature, and he put his mark ,to them. Some dart
after he was taken to a public-house, where be was
induced to sign papers df the contents or purport of
which he was equally ignorant. Mr. Ohio, an atter-
ticiy, who bed been employed by the Plaintiff to make his will,
fur Ise was possessed '.f a smell cottage, assisted in this se-
cond deed executed at the public-house, and what ,was very
sipgular, was paid by the opposite party. He edyperd the
' Plaintiff to alter the will that he bad made, apd tat:educe 4
clause which would prevent his heir from overtbrowing the
conveyance of the estate, Sod for this service he took fees
,from the Defeudant as well es from the Plaintiff. The Learq•
'od Counsel read the contents of two affidavit* which
Went to show that the Plaintiff, at the time in gum-
4qe, was particularly Mend hi mind, as be reiently reap,
were(' from a fever. He. Was wandering in his convert*?
lion, often talking to himself, had a short memory, aid
what be
commenteddd foronmthoeneotajo 41usans,tadktz..
*Litt-oiled Counselrsewl
It was clear that the whole proceeding hati'been planned be-
fore the Plaintiff had been consulted. He anfinadverted
strongly upon the circumstance tittle latter hiving bps
taken Ind led into the bushiest Without ady Mies to advise or.
essist him, and said it would have been better on the part
of the Attorney, Mt. Margeseon, bid he malted to act, OE.,
less the Plalotilf's Attorney._mits present'. It' was highly im-
probable that the Plaintiff, bad he understood his rights,
would have given away an estate froth Ills poor children;
an estate which be might have retained without any moral
imputation upon his eharaeter, as the personal property
which his brother's daughter bad become possessed of lode-
prodeotly, was upwards of 1,60001. The whole circumstances,
he contended, formed •strong presumption against the deeds,
and be hoped that his Honour would relieve the Plaintiff
against tbem, and appoint a receiver.
It was sworn, in such of the Defendant's answers as were
read in the cities; that the Plaintif had freely and vela
tartly given up the estate, that be ass in sound mind, al
was fully aware of the purport of the documents lie .b
signed. He was satisfied of the intention of his heathy.
have given the estate to his daughter,. abd be (the Plaieti
expressed great anxiety to fulfil that enteetion, fur be said
could never be happy with an estate that was inteuded
another. The then proposed in return ter his heady
conduct tots. the fail. per annum upon him during hi
which Was done. 114 r. Markeison drew eel an egreemet
the spot, but as tbeie was some doulaies to the validit
this agreement, and some fear that he being an old num r
die, another deed was subsetioeully executed by him.
Orton, in his Mader, sworelikt the Plaiotiff appled to
to see that the latter deed wekeorreet, and to alter Itia
Win in sdeliAtfiantier as would 'were the estate to bi#
ther'stkild. The reason whYliat Mr.olliii) hid taken his
(eons tke Other side, was because he oonsidered that his c
ought lb be at no ex dense. . J.
Mr. Haaigi remarked, that Alierei. was not much liberakti
in eel!!! the Plailitlf SOL per somata, when it apperirm
(tees their own answer that they did nut believe lie 1
iliv_mjeng.
i TWO emulate' teethe Defilliffilits was Limit to reply. Aimee
Tb. Vacs-Caumenusia recapitulated the fads diefei saes,
al detailed in the evidence on both sides • and said that beT-
,the Court could take the estate frost tbusq vibe were in es
session, they must be satisfied . that there .was a st
areneemption against the deeds. Now,thrce of the de/ . .
who weredisinterested emu adore positively that the.
lot the Plaiotiff were distittelly itkplamed to. him, and %ha
earli
was eatremelylphid to conforms tp theintrution Otis brat
El also to tit the .seatbentept, of mt. per annum, aW
IM Mal been gladto take thip settlement a Iffii
all23:t'• His-Hodoutexpressed himself:7lost
: _the, utiles"' hi was to throw a gross ;
mien thrMreeDefeidaats who appeared to bedi
beltioolgustg say, that. there was aneh.a strong
herald iett.oglioat the deeds al the' Court could act %woe. • ,
Fact all the peeolOptiott appeared to Idea to Vohs fteutek
, the deeds. He must therefore refuse the plaintiff's applS
i cilia.. . • . i .i I,
lit Itt;litillii, lest;eCs=l". Wks; ;awr the
n't expeee• lb.
Who hate got the peat iloolveatate."

-5241 r ' diftherdinfikiakt Nal;
Zifitimet; Dwassua u.
• ,l t • .4. i•cit .
DIAI4 digai AniussaiiaeseititAtig
. •
PATZNT MUM

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. • ' ..-*'• 4-IB§fr; !• ! :4: 4,01
gtaciTtikoig* .ithrtetto , . i,,
,‘ lypit,,,•„*, up Tture_i_:. _ 1,411.eau5,..,
e pr. eV of ,lbp Defpnibtolkw aideflae.
tri et a tuna in eso s tulip, for as I isisgeasent.,
of A pabeß} pittßll„the,bleint ill triult fort be flow'
cif I derniekV.hP PO oi_g_fmli IPfkil Alltb •
itini4l '141)4114,60• 04 . FileVAo o.9.'enhAt.e,-uxdoirrlet4(.o,-
petr ritagd'l4''afibisa ottoesit !AI; AiVtatibr pitetb-
riled witkirsouaisobAs 1,14-• a
.ie.thq
.e sr 4A.a cfsuP-
wile ti Aug i'l)4,ll4use qo
...eras, ire isi. rip fec, 4
hoe. Fletthslliarcitor-theuerifisb ci% 1119°,41!
as to ills ouvoiklarand idatity.of 411 a.pp t,seagasi
add Illitablie oreffr noixAs 414 A SOM .. 4,1,51414 it A
he tre.stAd,*g 4ari_wp.uld.asts9hat, a to his ,
indoste, aWfj,„.,p wh cbiset,d . .
..
TA.iddteiessi the , usit:w) were called
Morel ,es 4%el.by frf.iforic , • ~ ,
• Witttiaric
0( .aftgr, ..vi' 4 s . PPP! ratigterki '
liWe atrYet" 9t it /Lmbe*. levee
sititelheMtialsitiventibitlara as beep e'•yr64ll.lepost
Witness !wawa au(tydig. wigs. tlia, eisiptilrs,asspiodwi
1110`)ad.t ti4F, brit saw Plelotff Ised: A 'patent beforp,
Hato; sisii•b• ilia' nalial to rentiou great aelbek MA!
Oven to the trade. , 1,. , . .. . ~,
...,
, gross-elawildirist f. gailitwv.— Itftis
titikf addlutisetilier7 pla I 414roonalila
stioalioN' et el
.i. tea „100!'
is vitt"
It 174,:d • aita an., .
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a• ' 3liat • I tie swot.- ' „ ~_ - .,
Musk isiettl- flit beard %if weds ilwatti tot!Ore 4
Alattitiffi WPM.. • . . • • . • .- ,
Silaiae! Rdeilliti Os Ided Isaeletwooisitnewm,„.
Sufiiii -years, slid liiiiis ef Wr.'lllllfrs 'lto it
lee took out his patent, and newer heard of slid a
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peados lace OalOr&
Crog-elainidtd.—Wrer hard ►hat flaw had bee'
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!ford.

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