The British Press; or, Morning Literary Advertiser.
London, England, 1819-07-10 00:00:00

LAW IN? ELLIGENCE.

VICE.CHANCELLORM COURT, LoscoLV's-lax,
FRIDAY, JULY'.
CONTEMPT OF COURT.
BANSETT V. HARDEN AND I.3FRATATIr.

Mr. WI NG Fl ELD moved for au attachment
against the Defendants, and that they might herons.
milled to the custody of the Warden of tl.e Fleet
Prison, with a p-rsou of the name of Dolthilis, au
officer of the Palace Court, fur a contempt of Court
in arresting the Plaintiff in the face of an ittionc,
Iron of the Collet, restruitinig them l'roin proceeding
ut law against the Plaintiff. The circtinistaaces
of the case wen., that the Plaintiff had entered
into an agreement In. trot a lool‘r r a person of
the home of Harden, since flrerivotl, Harden
agreed to do cet tam repairs to the I se, winch he
Itad not done. The Defendants, who were 1)14 ex-
ecutor., were about to proceed at law ligitiast the
Plaintiff to recover Itslf a year's rent, whist lie re-
fused to pay till they made the repairs covenanted
to he dour by the deceased Harden. The 1'1411161V
filed a hill in that Court against the Defendants for
a specific perliainsoce of the cator)oct on their pert,
I on the usual inot,on the Court granted au ins
junction to restrain them fruits wort:riling at law
mail they put in their answer, which they never had
dour, so the iojtinction was iti fell Nrce against
them. On Saturday last the raintill was arrested
on a wilt issued from the Palace Court at the suit
of the I)elreodioil, MN. Harden. The Plaintiff
sliewed Dobbins, the officer who executed the writ.
the order of injunction, which he treated with con-
tempt, and absolutely itopristated the Plaintiff.
The. Plaintiff's attorney the saint evening served
both the officer aid the Defendants with it copy of
the tujnoction.
The VICE-CtiaNcei.Loit--" hue can you ninve
th commit the officer, he has only done his ditty ?
King's writ was delivered to Ilion, mid lie was b 00000
to execute it. When an injunction i 4 granted, it
stales, that if the parties take any proceedings at
law. after it is issued, they rout it ,on at their
peril, but it does tint restrain Sheriffs' officers from
acting after they have received a legal itritritnietit
for that purpose. So mach of your motion, there-
fore, as relates to Dobbins most 1w dismissed."

Nlr. i 0 Conliiiiialloo, 61111 he
thought that as the officer losri notice that he was
actiug improperly, and was committing a cootempt
of Court, and persisted so to ant. it wat not such a
cave that the Court would ovetlook, but he sub-
milted to the better judgment of his Honour.
There could be no doubt but he was entaltd to
the attachment for the committal of the De-

Mr. PARKEft, Counsel for the Defeodants,
that the fact was, that the Melina. Bits,ett, had
advertised to sell his stock in trade off by auction,
and it was actually sold on last Saturday, and the
Defendant, Mrs. Harden, under the impression
that lie was going to abscond, had the writ issued
against him, us the only means of securing the debt
doe to her.
The V tee-CHANCELLOR-11 This cannot be re-
ceived by the Court as an apology for a contempt
of one of its orders. She ought to have put in her
answer, and have moved the Court to dissolve the
injunction."
Mr. PARKER said, that although it was a very
severe case on Mrs. Harden, lie was aware he could
not defend her, as he could not deny that a con-
tempt of Court had been committed ; at the same
time he had to beg of his Honour, that lie would
take into his consideration that his client was a
trauma ignorant of the forms of that Court, and of
the consequences of iiifringing orie of its orders;
ally was the mere executrix of her late hombassii, and
had thought it was her duty to secure his estate in
the hest possible manner.
The VICE-CHANCELLOR—." you will not, Mr.
Wingfield, press fur the commitment of this Lady ?
Take an order for the discharge of the Plaintiff
from tinder the arrest."

Mr. ‘VINGVIELD—" I am instructed to move
for the committal."

The VICE-CRANCRLEOR--" If she -bail been
dealing for herself I would have committed her,
but she acted as an executrix. Is the Plaintiff et
liberty ?"
Mr. WINETIELD—" He is, on giving bail after
two day imprisonment."
The VICE-CHANCEELOR—" let this motion
stand over until the next Seal, for the purpose of
seeing what the parties will do amongst themselves
out of Court towards settling it. lam afraid, Mr.
Parker, if your client does not lake this oppurtu-
nitv of settling it, I must commit her."
Further consideration postponed.
OPERA.HOUSF-
WATERS R. TAYLOR.
Mr. ROUREI.I., Counsel fur the Defendant. said,
lie had a motion to make io thie case ; lie believed
Mr. Hart was instructed to oppose it, and he w;l4
absent from the Court. But it was so near a motion
of course, that he would venture to make it in the
abseure of his Learned Friend. It must be in Abe
recollection of his Honour that Mr. Haters was
ordered by the Court to insure the Oprra-house
aoharnat fire, &c. He did so, but not to the amount
the Cowl contemplated ; and on a srciii,el applica-
tion the Court directed that lie rlould insure it to
the amount of 24,0001. He hail °hexed that ostler lir
part by insuring the Ourra-house to that amount.
But the intention of the Court was, that it should be
insured in the names specified in the leases by which
the property was held, %hick provided that it should
he in the names of Mr. Taylor and the late Mr. [PI.
luaus, He (the Learned
_Counsel) could nut ask,
that Mr. Taylor', name should be put in the poll..