The British Press; or, Morning Literary Advertiser.
London, England, 1826-06-24 00:00:00

LAW INTEI.I.IGENCE.

COURT OF CHANCERY, FIIDAT, .Ints 2,.
_ IN THE 31ATTER or SIR 0. P. TURNER.

The Loco i';l7C---L1.1:0117 raer-the Counsel anciSolicitors for
the parties in his private room, on the ',object of the trial of the tra-
verse; but nothing transpired in Court on the sui,ject.

WELLESLEY P. THE DUKE OF BEKUFonT.

Mr. SHADWELL. AS Counsel for the Misres Long. sAiii that he
had been requested to hand up three affidavits, which had been
sworn in con.equence of the tffidsvit which had been delivered
in some days since by Mr. Long Wellesley. The affidavits
which he had now to put in, went directly to contradict that
affidavit so made by Mr. Wellesley.
The LORD CHANCELLOR Paid that the letter which had been
handed to him, and which lie had returned to the C,,uit,el, war
only set out in part in the evidence ; he wished to know if it war
trimmed . . . .

Ala SitanwEt.r. said the original letter wet in il.e possession
of Alr. Ilan, or his client.
The LORD CHANCELLOR said he wished to have the letter
handed hack to him, as it formed lan of cl.c evidence in
the Cau.e.

The atlidari.s were then handed up to his TArdship.
Upon the ltegi-,rar proceeding to call the first alinesl rause, a
gentleman rosr, and said he hoped his Lordship would allow an
humble individual to address a few words to him before the bu-
siness of the day commenced, respecting the cause of tirmstley r.
Garth wake.

The LORD CHANCELLOR slid, if the gentleman in tptcgtion had
heard 1013 t had fallen from him on corning into Court, he would
have known that be had appointed to give judgment in that ease
to-morrow.

A Counsel hers observed that the gentleman wax very deaf—which
was evident from the circumstance of Ilia being unable to hear with-
out the assistance of a trumpet.
The Individtml recommenced his observations by strying. that he
had expended ten thousand pounds in the cause, and which had
stood in the paper for judgment for some days. If ilk hordidlip
would give judgment, it would greatly relieve the anxiety under
which he laboured.

The Loan CiiANCELLOR observed diet it would have the same
effect on his mind. He did not think the Fentleman who had ad-
dressed the Court could be acquainted with the circumstances of
the case.

Mr. SUODES expressed his conviction that all the delay which
had *firm in this cause was nut the faul, of the Court, but had
arisen from the points in dispute between the Counsel.
The Loan CHAJCCELLOI knew such WWI the Cale. 01(101 he
would rather bear all the blame himself, than that it s'iould rest
upon his Counsel. 'rite only question which be had been called
upon to deride was, a question not in the esuse ; he had taken
upon himself to decide it for the accommodatio t of the parties, anti
this was the way he got abused for it.
The Lours Cmswczt.t.un was employel the remaindtr of th
day in hearing appeals of no public interest.

VICE-CIIANCELLOWS l OURT. FRID ty, intz 23.
GLASSINGTON v. TIIWAITES AND OTHERS.

In this came, 31r.'llovrEt.( with whom was Mr. kincirr ) moved,
on the part of the plahniff, that the disclaimer or one of the de-
fendants, W. Phillips, to the plain:,ff's amende I bill, filed oa the
Ihn November, lati,should be taken off the file.

31r. AGAR: fur the defendants, resisted the motion on the
ground of a precisely similar application 'having been formerly
made to the Court, and refused with cosy. (The beamed Gentle-
man here read the words of the order made on that occa■ion.) lie
thought it right thus to meet the motion, in order to save the time
of the Court.

The VICE-CHANCELLOR said Mr. Roupel must be heard, u,
prima jade, he might have grounds for this application.
Mr. Roc PEI. said, his present motion was confined to the mere
taking off the file of the defendants, Phillips's disclaimer. The
suit in progress had been instituted by the plaintiff against his
partners in the proprietorship of the Alarming Herald newspaper,
and his bill had been filed praying for an account. la the course
of the suit the defendant Philips became the purchaser of a share
in the newspaper in question, which, however, lie had subsequently
disposed of. The plaintiff had, in consequence, filed an amended
bill, to make defendant Phillips a party to he suit, to which
Phillips had merely rut in a di,clairtier, unaccompanied by any
answer whatever, although lie (the defendant) called it an answer.
The proper course to be taken, supposing this to be an answer,
was, obviously to except to it, and this the plaintiff did. The mat-
ter was then referred to the Master, who reported that no answer
had been given to the plaintiff's bill. The plaintiff's exceptions to
the alleged answer of the defendant were accordingly taken off the
file ; therefore the proper course for the plaintiff to take was, to
apply to the Court to compel the defendant to put iii an answer
within a limited time.

The VICE•CHANCELLOI—There is no such thing u a dis-
claimer. A disclaimer Is an answer. It is iinfortimste that you
I plaintiff's Counsel) did not persevere in your exceptions, tor a dis-
arimer is an answer.
Mr. Bourn t. urged some arguments to prove a distinction.
The VICII-CHANCELLOR repeated, that there was no such
thing as a disclaimer, and referred to a late refusal by the Six
Clerks to file a documezt under, and because It bore solely, t..at
title.

Mr. RourEL said, Lord Redestlale had recognised the word
disclaimer.
The Vtog-Ctiswc ELLOR—A defendant who disclaims in hound
to answer. lam about to give judgment in a case shortly, in
which I shall state, that a disclaituct does not protect a party from
answering unless he goes on to say that he not only has no interest,
but that he never had any interest in the suit to which he has been
made a party. In any other case he must answer. The master
has made a mistake. You could have excepted to the disclaimer,
and the.) I could have hearth yoo.
Mr. RouPEL—Then, if at all answer, this must be held to be
evasive, and therefore—
The Vic E-CitsxcELLOß—lt is not evasive. If the defendant
has done wrong, it was through error, and not evasion. Evasive
means when a Person knows that lie is not strictly doing his duty.
Now, here the defendant did every thing that appeared to him re-
quisite. You had better, Mr. Roupel, apply for liberty to except,
and then the whole aubteet will come before the Court.
Mr. Kx min' —Perhaps seeing that we have acted on the
Master's judgment, your Honour will make that order now.
The Vteg-Ciranct:i.i.og —No, 1 cannot. lam competled in
this ease to give my judgment in the Master's conduct, and am
of opinion, that you might have it.d redress by exceptions, and
that, consequently, I cannot now order the defendant's answer to
be taken oft the file.
_

AGAR applied for cats against the plaintiff; the motion
being similar to a former one refused with costs, but was met b'.
the plaintiff's Counsel, who said, that even admitting that the mo-
tion had been made in the precise terms of the former one, the cir-
cumstances were different, for that when the former application was
made, the plaintiff's eaceptions were still on the file. This was
doubted by the defendant's Counsel.
The Vic S•CaANCELLeit then postponed the question of vests