The British Press; or, Morning Literary Advertiser.
London, England, 1826-07-18 00:00:00

LAW xoTICES.

COURT el, CRANCERY.

ICIPOP.S TON LORD CISSINCILLOIL, IN LINCOLN'S INN NALL, THIS DAY.

•T

Apt.e2h..
rok Pavia, appeal Lord erewe v. Frowd, Towke v. Harvey, per
part heard per order ord.r
Davis v. lilt, do. U.srldlek v. Mattock, Bacon •. Procter, ap-
AttoraerMeneral v. aop.al I peal
Mayor of Fxeter, ex mothball v. Murry,
eeptlons, farther 40.
factions, part heard

VICR.CHANCEI.4UR`9 COURT.
.11111ruNE TUI VI.N•LYANCILLOI, IM LlNCuLfell INN. tNlf D aV, AT

Liable, v. Beeehey,;;t:
Iward
Burnett v. Attritie, per

MALI-►ART TICY.
,110125 and farther Directions.
Grant v. I.ltoliay, fur. spray v. Burkett, fur.
ther directions and ther dir. and costa
mans. per order Junes v. Sharp, es.
Grant v. Abbott, dn. Mader v. Smith, do.
Greet v. Godden, dn. )IhClaClllan v. Comp.
Avery v. Russell, tar. bell, do. 2 We, fair.
ther direction., and directions and costs
codo, per order Maley v. Rodbard,l
Atturney•l%rn. v. Cor. I causer, esandlorm,
poratlon of Hunting. ander/etr
dun, eseepthma and Attorney-Gen. v. Lech-•
petition mere, further direc.
Napier v. Napier, et. I lions and coots
veptions

fader
4outer v. )lord, and
baste v. name, fur•
Ibrr direttion., and
petition. per older
Chapman v. Schroder,
further direction.,
part Mard
Catmint v.Sthroder. de.
Salton v. Deere, excep•.
drat and radium di
rectloul

ROLI,i COI' RT.
The Yager of the Roll. n ill hear Call%lN, (nether Direction., and Pe-
by consent, on Saturday next, the Yid instant, at Niue in the
raw ning.
Cair,e., theater Direction, and Petitions, must lie set darn before
Two o'clock on Friday next.
General Petition at the Ituils on 'Tuesday nett, the ?nth Inst., at Sit In
the 'venni!,
Pettdons must be art done and copies left with the Secretary before
Two Welsch on Monday next. •

LAW LV7'ELLIGENCE.
COURT OF CH— AU JULY 17.
;'. MACHADO.
The particulars of this ease having been so often before the pith-
lic it is not neeensary to enter into a full statement of them, as they
:scam transpired in argument before the Lord Chance for, by way
or appeal from the Vice-Chancellor's decision.
The question which his Lordship had to decide arose thus:—
The parties having proceeded in an action at law, one of them ap-
plied to the Vice-Chancellor for a commission to issue, for the pur-
pose of examining witnesses who were resident in Spain, which his
honour accordingly decreed , but upon a re-hearing of the argu-
ment the Vice-Chancellor reversed his own decree, thus refusing
to the party the power of examining witnesses abroad. This se-
cond decision of the Vire-Chancellor was appealed from, and,
Csawsel having been heard on a former day,
The LORD CHANCE Lula this morning observed that he had
rot heard sufficient reasons given why the commission was refused.
ft was always his wish to render every facility to parties to obtain
.s tall investigation of the facts upon which they rated their case;
anti it had therefore been the practice of this Court, unless good
grounds were shown to the contrary, to grant commissions of this
nature, aril he did not know, at present, why an inferior Judge of
this Court should, without consulting any of the other Judges be-
longing to it, attempt to alter so whogesome and just a practice.

VICE-CHANCELLOR'S COURT, 111otcnAT, JUT Y 17.
This Waf a continuation of the third seal after Trinity Tern.
CAPES AND ANOTHER V. Iit:TWIN.

•
In this case tlr. KNIGHT, on behalf of the plaintiffi, who are
solicitors. residing at Epswonh, Lincolnshire, rpplied to the
Court for an injunction to restrain the defendant from practising
as an attorney, solicitor, or conveyancer, in or within twelve miles
of that town. The Learned Gentleman stated that the plaintiffs
were applied to In the year 1819, by the father of the defendant,
then aged nineteen years, to receive him (defendant) as their ar-
ticled clerk. To this proposition the plaintiffs agreed, but stipu.
!wed that a clause should be inserted In the articles to restrain the
detendant from practising as an attorney, solicitor, or conveyancer,
in or within twelve miles of the said town of Epaworth, as, from his
residence and connexions there, the plaintiffs apprehended that
their own practice would suffer, should the defendant commence
and carry on his professional practice there. A clause to that effect
was aawordingly inserted in the articles, restraining the defendant
elk devcribetl. under a penalty of 2,0001. The articles were duly ex-
ecuted, signed by the defendant's father, and the defendant duly
served his time (five years) to the plaintiffs. Shortly after the tel.
Mlnation of that term, the defendant applied to plaintiffs, requiring
of them to file the articles. in order to his being admitted as an at.
corner of the Court of King's Bench. With this request the plain-
tiffs refused to comply, unless the defendant should (he being then
of full age) execute a bond to plaintiffs to the effict of the clause
,ontained in the articles above referred to. The defendant, in con-
sequence, applied to and obtained of the Court of King's Bench, •
Rule Nisi, calling upon plaintiffs to show cause why they should
riot 6k the articles in question. On the part of the plaintiff's, the
iause in the articles was relied on, but the Court held that the
Lianas furnished no ground fur preventing the admission of the de-
fendant to be an attorney, and accordingly ordered (without costs)
that the plaintiffs should file the articles, which having been done,
the defendant was admitted an attorney, and immediately after-
wurtis commenced practising As such in the town of Epsworth. A
bill was accordingly filed by the plaintiffk in this Court, on whose
behalf he (Mr. Knight) now applied to his Honour to rests 4in the
defendant from practising, in the terms of the clause contained in
the articles.

The Vice-Cualtcn.t.ott—The defendant attained his majority
pending the term of his articles; did you, on his so attaining the age
of 21 years, call upon him to enter into a bond in conformity with
the clause in question ?
Mr. KNIGIIT-1 believe not, my Lord.
The VICE-CHANCELLOR—Then I fear I must refuse your

Motion.
Mr. KWIC/IT—The defendant continued to avail himself of the
a•"isles subsequent to his attaining his majnritv ; he must, there-
fore, be deemed to have acquiesced in their provisions.
The ViCE.CHAteccr,Loh—No, Mr. Knight; an article is
good obligation to compel the party to serve, but is not a good obli.
joition for any collateral
.purpose. I am, therefore, of opinion,
that I cannot grant this injunction. I am of opinion that the obli.
;ninon which relent to the infant, as stated by you, is null and
void; and this application conies with a bad grace from the plain.
tiffs after having permitted him to complete his time. The plain.
tffa, It appears, failed to call up n the defendant, on his beccen.
.rig of age, to enter into a bond. at they ought to have done. lam
therefore of opinion that this motion ought to be refused, and I do
:dose it with costs.
NICHOLLS AND CO. V. FRASER AND co.
In this case 51r. HEALD applied to the Court for an injunction
to restrain the defendants
.from selling or otherwise disposing of
IJ4 bales of cotton. 450 bags of black pepper, 150 bags senna
leases, 207 bags of mother.o'•pearl shells, 51 chests of gum arable,
a certain quantity of coffee. and other amides of East India pro.
duct:, which had been consigned from the plaintiff's to the defend-
ants to sell on their account.
It appeared that the plaintiffs are merchants residing in Bombay.
and that the defendants are agents or brokers living in London.
The plaintiffs having learr:ll that the defendants had become in•
solvent, one of the plaintiffs came to Europe, for the purpose of
re.a•ning their property, and now applied to the Court toe an In-
junction under the circumstances stated.
The injunction was accordingly granted.
WONG*/ H SAEAGRANI t. riIASED AND CO.

This wes a similar motion against the same defendants on the
pan of Nungram Salagram, a native merchant also residing at
Ilwenbay. to restrain the difendams from sellisg, or otherwise din.
Fusing of two ea.es at Cashmere shawls. sot to the defendants by
non, for sale on his account.
granted.
HIGH COURT OF JUSTICIARY.

Entwounan, FaIDAY.