The British Press; or, Morning Literary Advertiser.
London, England, 1825-08-11 00:00:00

LAU' LVTELLIGF:XCE.

COURT OF CHANCERY, WEDNESDAY, Antansx 10.
. •
IN RE ELEPHANT AND CASTLE CHARITY.
The Loan CHANCELLOR stated, that he had communicated OR
this SIIIIieCt with the Master of the Rolls, who was Attorney-,
General at the time this Charity was first brought into Court. .I.le
(the Lord Chancellor) had learnt from the Master of the Rolls,
that a caveat had been entered at that period before him, against'
proceeding spa,lii the infosmation. On the atoned that the case did
not come within the uteanitigiof Sir Samuel Romilly's Act. He
had been of a different opinion, and had .therefore granted hisflut
Air proceeding with the case. The Lord chancellor knew from this
circumstance that the case came before the Court with the sanction
of the Attorney-General of the period alluded to, and, therefore,
be would draw up the order himself, and give it to the parties.
Er-PARTE WADE IN T/IE HATTER OF WADE. '
This.wu a petition on the part of a bankrupt of the name of
Wade, to supersede; a commission of bankrupt that had lent.
'Untied against hint, on the ground that it had been frauduldner
obtained. • • •
It appeared that Mr. Wade, against whom the commission was
lasnefi, was a gentleman of landed property ; that in April, 18111,
ebecameliable to the payment of many mortgages, charges, sad
*cumbrances, which affected big recd estate; and also to the pay.
*sent of several Simple *but. Underthese circumstances, he ex.
Muted a trust eked, wigging tie property to two solicitors, Messrs.
Rabbett and Mayhew, in trust for the benefit of his creditors--tfie
deed containing a special provision that such appointment should
not Th any way affect their acting as his solicitors,and charging for
their fees and their time aril trouble. Mr. NV tide's difficulties
having increased, an application was made by those solicitors to
his •deughtsra, 40 induce them to make an assignment of their
property also, for the benefit of their father's creditors. This they
refused to do; and the commission of bankrupt was sued out,
two illiterate tradesmen being made the principal petitioning
creditors, and the meeting on which it was decided that the com.
mission should be taken oat, having been auended by a few
creditors whose debts were to but a small amount, after a very'
limited notice hod been given.
Mr. AGAR and Mr. lgooaz were heard yesterday on behalf of
the petitiom.r.
Mr. HART, Mr. PETS'S, and Mr. SEYMOUR were this day
heard in support of the Commission.
The Loan CHANCELLOR entered into a detail of the dram-
stances of the case, and said that there was something extremely
objectionable in the solicitors inducing Mr. Wade to executes
trust deed, which of itself was committing an act of bankruptcy,
and of this fact lie could not suppose the solicitors to have been ig-
norant. It wan highly improper and unprofessional that a so-
licitor should be the person to take a trust deed from any indi-
vidual, withotit informing that individual of the effect of what he
was doing, and then make it the ground of a commission against
his client. The case resolved itself into the question, whether this
was the onromission of the petitioning creditors or of the solicitors.
At present' he was fully convinced that it was not the commission
of the two petitioning creditors, and he should therefore ceriainly
supersede it ; but before he gave hie final judgment, he wished Mr.
Hart to infortn Min what sales had been effected previously and
subsequently to the presentation of the petition. He would then

at much a picture ? subsequent evidence.
for the of ex. George Wright, a post-bey at the White Lion, Stratford, eva.
„._,,1 ` Another, .....,arce mined—l lived with the defendant when the transaction took place
"ws' been sPP°'°``' to between her and the plaintiffs. I heard her ask one of the plain.
ste to the Alagiatracn. tiff. if he had any horses that would suit her, as she wanted some
• tied? Wity, in the !Rood riding post-chat/en. The plaintiff told her be thought he
coetn'eod to wikkile to , bad: On the following day, which was Sunday, Mr. Fennell
~ . any body ? fie. The,' brought a black and a hay mare for Met. Richert to look at. The
Penainally tat° the grievance" Ps were tried out in the lane, and Mrs. Ridley seemed to like one
suffer. This the Reverend Visiter them, but thought the other was too small. She then told Mr.
'children apart from their wk. Fennell that she bad some horses to part with. Four horses were
,—.via, to give n.. ... _____. of their day ? No. The Jury then ordered out, and tried in a small stable yard. The plaintiffs'
must hays °beer red the manner in which the Rev. Gentleman had horses had been tried in the lane, but when it came to the trial if
giren iris stridence. and he put it to whether he had not die,
paced. himself by his conduct' His ned Friend had said, the defendant's, she thought it would not be decent to have the
horses exhibited on a Sunday. and she therefore ordered the gates
that Mr. Bank. dad not wish than inaets to be punished with to be shut. and the horses tried in her own noble yard. Thei
soss.rity—diat he did not wish to subject them to a bung imprison. plaintiff asked 4i guineas for his mare. A good deal of bargain.
meat. Why, the County gaol was a p'rfect paradise to Me. 1 took place, and at length it was agreed that Mr. Fennell should
fienks's &em. m. It was a Wes of pleasurable repose and retire- take two of the defendant's horses for 201. each, and the rest in
Reef. compared with the drool interior of its wail'. Would the motley. He asked the defendant whether her horses were sound P
Jer) believe that the wretched culprits—convicted of the deepest she told him they were, and said they had always done their work
Wu, so, on 1 damned to bard labour as a punishment fur their ups- since they had belonged to her, and had neither been sick norowy.
Joel*, were employed in the House of Correction two hours less Mr. Fennell said he was willing to warrant his horse, and expected
than these innueein infants were in Mr. Banke's factory ? To re-
lit*. them. therefore, by impriaonment is a gaol, would be mercy, answer.
would do the same. The defendant repeated het former
answer. I at the same time knew that one of the horses t,
iso4 doebticeathee would prefix it to recaps sitat dreadful man, the the • defendant hail sold win unsound. The horse tad been I
yannienitot's brother. The LE i.sied Conine! than spoke with on a job to Hartford Bridge, and cm his return, when
record, and anindetarbiatiiLtod.gieatemelaiyge, was gouts "qtrit,,l'irlicabs:;,‘"%all:p.pda•Oehtlt::t within three miles of Warwick, till down and injured his
back. Ile was brought home7and stte:ided by a veterinary surgeon
tow children leally meditated the crime imputed to them. Their .several days, during which time his back was constantly fomented.
whole comiuct nete.tived the sumxt.ition. Did they make ant lie had what was called a chink in his back. The defendant af-
secret of their tat pposed intention? To no less this. five ocher chit. terwards had the horse turned out to grass, and then kept in a sus-
dter) they had COOtrt Ullica tad their design; and the hour they selected ble fur three weeks before he was sold ; but from the time of the an-
lcir their Pa '"—the face of dab when detection was certain— tie- eldest to the time of the sale, the horse had never done any work.
uwasirstod teas O they had no crinunal intention. It was obvious that Mr. Fennell brought the horse back a few days after, and met the
their sole olives t.timi to awaken Mir task-muter to a sense of the defendant and myself, And said to my mistress, . This horse which
"steering ender which they were 4,ol:ling. What evidence was you have sold me is Woken-backed." She slid she had nothing to
Wen diet they had csospireti, enribined, and confederated together do with it, she had quite done with the horse now. The plaintiff
fat the purpose alleged ? None. The object of this prosecution took it away again, but shortly after sent it home to the detendant,
Was to strike terror--to rivet the chains of these unhappy white whin took it in.
staves, and check the 'sloe of nature, risir,g to eloquent accents
aginnie their heartless tedernasters. In the riotous scenes ot Mr. Sergeant Anasts, st s, the defendant's Counsel, submitted, that
iirmehednass and misery which he Wt. At.) lead witnessed, lie con. as the witnesses had shown the whole transaction to have taken '
fared be had wet beheld one se degteding to the as place on a Sunday, the plaintiffs could not sustain the action; for
kiln Dan species ecies
~thin
„ as contracts made on that day were illegal and void, no right could
foor wade, and abtioet ebei
1114 We exhibited. Six'
to -4v0,11t1P1424/ilvfh "nu' - daintier; of thouletioranui eni. accrue upon the warranty ; lie, therefore, contended that the plain.
worst." Tito kuittuttare buil he sly prgvideansomiom foe tiffs must be nonsulted.
sidlualoarliag the condition of rXe swat-spirmers in ths math, The The COURT—I do not agree with you, brother Adams. Be-
i..ting slangyslav, of 'list Ran of the weeld had been abolished, and he sides, I will never give my sanction to any innkeepq,oriy °the/
boned to' me rthliteensonts like Lie. Banks's subjected topically perm trafficking on a Sunday, and incurring a lege liability, an
ringolatisee. With what feerings mast ladies of fashion eon- this afterwards endeavouring to make the contract void, by plead. . --am,
t the ima..eintla by which their tailtheered angry waspro. ins that it was wrong to have made it.
.I hare already decided this VICEXIIANCELLOR'S COURT, WEDNESDAY, AWOL I&
iLsard 1 U. leaked to tbe manly beaus, the sobs, judgment. arid point in the case of Illoxlisni and ‘'t intents, which the parties
<no uneven intinstity of the Juty, us treating this prosecution in afterwards brought before the Court of King's Bench, who con- The Court was occupied till three o'clock in hearing argyfoomip
*se atenner itsieraeved, mad bs sloshed net that the, woidd seise firmed my judgment. The defendant is at liberty to apply to the on bankrupt petitions of no interest.

... •••••to cncu,ouvn a talc rtatimm. SIC wouiu men
r decide what consideration that circumstance was entitled to, and
what alteration it could make in the case.
Mr. HART said the solicitors alluded to lived at Salmundhatn.
lie was only concerned for the town agent of those solicitors, who
was anxious to make it perfectly understood that none of the ob-
servations of his Lordship could apply to him.
The LOAD CSIAII t: 10 11--Ctittill y not.