The British Press; or, Morning Literary Advertiser.
London, England, 1826-05-24 00:00:00

VIOE•CUA\CELLOR'B COURT, TUESDAY, MAY 23.

7. D. JoUNSTOW6 AND OTHERS L. MASIZRTOD
Esci..

Mr. SITAIDWELL stated that I^ had been Instructed to more
Wise- the defendant. Alsverton U,.. should be ordered to pay
p.td the Bank, in the ninny and with the privity of the Aram's.
tantdienaal of this Ilernouralile Court, to be placed to the credit
of this cause„ the sum of eIN., Mid tight several sums of 8201.
eath, stated by the defendant to he retained by him lbr his trouble
in menaping-the trust and executory concern', as set forth in his
cantonal, ion put in in this caulk; and also the aunt of 3,5071.1115. Id.
citargdi in hi. said examination on dose-s accounts, and for part of
the expenses of a petition in the 1.1.,0i.e of Commons for trying the
fly of siting in this borough of ‘Veymouth ; and the further sum
it Self,. lit. and two sums of lig/. 3e. 4.A., and alio the sum of
2.91. chirged by the dch:•:dant ft.;ainst the estate, for
itosise•reat tar himself and his assisoint, 31r. I)awaon ; sod that
time defendant might be ordered to pay in the further sum of
1.1341. as., admitted by hint to be in the hands of Messrs. Ransom
and Co., belonging to the esta:e ; and that the aunt of 7,000/. Ex.
chequer Inns mentioned by the defendant in isis exawinatiun,
might be sold, and the produce th,reof paid to the cit lit of this
cause; and 'halal! the above-mentioned sums might be so paid is
'titbit: we month from the time of making this application.
The Vtc4.ettaxesit.aou.-11/ whom is the nattiod nude?
. .

slr. S:1 MOW 14 I. L —This was a motion on behalf ef all olio plain.]
tal; except LorelAiloway; and tl.eeireums• ane....t under winch i' was
me& Mae these t —4l bilk was originally Hie I by 4ir F. 11. John-
ateeq,_his mother, and two inters, end by lord Al!oisay, agamou
Mr. pt, the Duke of Cumberland, and Lard dlan ~,,, fur the
purpose of eserylng into effect tt.e trusts of certain instruments, and
also of the will of Sir John ',nether Johnsmne. It appeared that
by seine' deeds mentioned In the bill. • keg.: propel ly belonging
to Sit J. L. Jolimsone, situate in S....ntlatid, Englsn.: and Awe.
eica,nsts settled an as to make Ste Frederb It thorge Johnstone &c-
-oedit) tail, subject to certain charges In homer ut lA. mother and
ewe dyer*: and by the will of cur J. L. Johnston* It appeared
that the Duke of Cumberland, Luc.' Aliosay, Lard Manyers, and
llestettoa U:e, were appointed exeru nrs. It also etme.ered that
Mt. Ure alone pored the • 111. ripen the bill being fib .1, is deuce
• as, 1 6 BMW male, whicn, In the fiat place, flismisael I,iesl .tan-
sera at hia Lontsiiip's own request) from being a trustee, and di-
rade; that another trustee should be unpainted i anti it then gave
nireeffona that the matters ebmild be referred to the Master to take
on aisouns of the rendpts of the perennial estate. act, of the ma-
sa.tennent of the reel mate. in the usual inanner. After a cones.
demtle delay, Mr.. Ure, who, in fact. was the Is.ly person that, in
salons. cc, managed every thhg, put in an eaa.i.mation On inter.
rogstnril.s, m which he stated that he had paid out of the ands alum
of 5,9,11. 5, led. for the atteintags of the 'estate at eptivratle;
and ow penny... hen..ficially interevist therein : unit that they *ea
new *rust in Exchequer Bill. the as yr if,7sl4 is diepsyses of
tt. ensure*. Thu wire the 7.11100/. sthiriffno.spirt of •c sub.
ice, of the rrpsent motion. He alai ;att....led that diet *ea a cash
balance of 1.10341. 3.. in the hands at .tins, and Ca.
*
booklet% That also was • sum allude,, to by Alle t motion.
Jint 'ltessidest these two suers, which wet inificordinittfid by the
def.:lawn tTre to be • bslince In his nen* therefere other stoats
thentfor.ed in his eximinadon, *lnch the plinft 1 tilt entitled to
cat upon thr• defendant to pity unto .h., Beek eitt e credit of this
usual In the lien instance tit. re Cu the suirFff MOIL sat forth es
!ileitis: been retained by him for fns etoohle In hianaglng slot trust I,
sod executory euticerns fur the y .ar Cllti, viecupying Ws time'
and iftleition almost exclusively In making arrangemenle with ere-'
thanes foe the adjuateicnt of their debt.. ete. a. in the turn.er years,
includtr. 4 nunient.ic documents framed relative thereto. Thew
thcrera. se no leis than right dati.sent dern.nt Mitt run arum the
j..ar Itd7 to 1821. The arc item pet din.:— 11117 Ileeuirsed to
this examinant for his trnuhle in inseam the mt.- and enee.,,nry
fakirs fa: dila year, in which the undivided time and attention of
tads examinant wee engaged as in the 11.1sPer year.. including
walag.ace,r, &c., and the expenses of an assistant who wee ern.
rained to the place of Mr. Dawson, wits eesscd to attend this
all 41414112 t li, in asuman! in Febauery last, 61:4. I him It was us

for eight years. making altogether eight sums of 8201. each, and
the SW, to all of which the present motion applied.
The VICE-Cttawe 'AA-um—Those are all sums (except the
balance and the Exchequer Bills) which the defendant claims ;
how then can the Court order them to be paid in now, because it
does not yet appear but that the Raster will allow all thst he
claims ?
Mr. SIIADWELL apprehended that the examination showed '
that the items were of necessity such that the Court could Lot '
allow.
The VtcE-CnawCgt.t.ton—Upon a motion like this I cannot
decide such • question ; which to one proper only to be heard upon
further directions.
31r. Roseau (for the defendant)—lt is not intended to decide
upon that question now.
Mr-SttAnwELL—What he apprehended was,that the Court would
look at the language of the bents themselves to guide its decision.
If the mime had been said simply to have been retained for ex-
Prwcs, then no such motion •s this could have been made; but
he thought that the Court would of necessity turn its attention to
the particular hoguage of the items ; and if it appeared they were
charges that could not be sustained, that then the Court would en-
tertain such • motion as the present.
The cannot decide now whether the
defendant is or is not entitled to retain throe sums. This is a
matter of general direction. I will not state that there may
.not be
such a case of gross claim as that the Gott would not treat it as if
no claim were made.
Mr. !loner—This is not a ease made upon the 31aster's re-
port. but Is founded upon Memnon of a Mr. Roe, who has been
employed by the ard.citors of these parties. -
Mr. SHADWELL —I know nothing of Mr. Roe; I go upon the
examination of the defendant himself.
The VICL.CIIANCELI.OII understood it was upon the exa-
`asination of the defendant.
Mr. SBADWCI.L—SO it is, your Honour. I ask, whether it is
a fit thing toe a person, standing in the situations of executor and
uustre, to be allowed such • large sum as 8201. a-year, for 8 years
together, under the pretence of being retained by him for his trouble
In the management of the trust estate? I apprehend that his perfectly
settled law, that although • person who is trustee is entitled to
repay himself all his disbursements, he is not entitled to retain
whatever sums he thinks tie for his trouble in managing the trust
estate. Thar is the ground upon which I rest this motion. I ask,
whether this is not a gnus case of an exorbitant retainer. judging
only by the language of the defendant himself in his examination ?
But there is a further sum of 3.3071. 18.. Id. introduced into the
defendant's schedule, in the following manner t—•• To the amount
of bills of agents tied others, for the years 1812, 1813, and 1814,
for sundry proceedings and expenses incarred regarding the said
estates, and including part of the expenses of a petition to the
House of Commons, for trying the right of voting in the borough
of Weymouth. in consequence of which an Act of Parliament was
passed, whereby the right of creating freehold votes by devise was
regulated and declared-3,30V. Ills. Id." Now, your Honour will
observe that there is nu statement of the names of the persons to
whom— . -

The VICE-CnAwccxxon—l repeat, that I cannot decide this
now. You must except to the whole before the Master. and then
bring it on regularly before the Court upon further directions. I
cannot tell what part of these expenses the Master may ultimately
allow; but you must pursue the usual course of the Court.
Mr. SUADWELL—AIIow me to mention the balance that is in
his hands. _ _

The Vicw•Cu.awcELLoa—That is a awn to which you are
entitled.

!fount —And which has hien since laid out and invested
by a subsequent order of this Court.
Mr..SHAIMELL was not aware of any such order. There was
also the 7,0001. Exaltequer Bills.
The defendant's Attorney said, the 7,0001. had been paid
on account of the purchase of the land-tax rt Weymouth.
Mr.floutrz said,it was quite obvious that his Learned friend had
been instructed by persons who did not aceutately know the (Acts
that hsdoccurred. All the money to which they had any claim had
been already applied by the defendant as directed by the Court.
Mr. WkIGHT (who was with Mr. Shadwell) °betray', that thin
waa not the ease, for 20.0e01. had been received by Mr. Ure him-
self, from the American estates, since his examination was tiled.

)Ir. flow x E—Perhaps you will state your authority for making
such a s•atement.

Me. 8/lADWELL.4 will sta•e my authority; it is that of 3lr.
Frazer, who has made an affidavit, in which he said that the de.
fentlant, about the middle of April last, informed the deponent that
he ban, since he lodged his accounts in Chancery, received from
America 20,0001., of which about 12,0001. was In the hands of
Ransom and Co., being the produce of the trust estates in that
country. Aod he also *fated, that in • letter written by Lord
Allosray to Mr. lyre, there was the following passage :—•• When
the banker's account is rendered, I trust it will appear that the
whole funds"—

The VICE-CHANCELLOR—But, Mr. Sliadwell, why do you
read these letters, surely you do not mean to argue that the Court
can decide upon the question now
Mr. HORNE —Here has been a pamphlet published and circu-
lated throughout ell the club-houses of London, evidently with the
view of ituriu the character of Mr. Ure.
The
as It does all other motions. _

Mr. buLsowELL-1 brought forward this motion upon the con-
tents of the resmination of the defendant himself.

The VICE-CaaircELLow—l cannot enter into any discussion
of it here: you roue go regularly before the Master, and bring the
question forward upon further directions.
31r. 1101 NE observed that the present Solicitors of the plaintiff
had hut just come into the cause, and had instructed Counsel with.
out knowing the facts of the case.
Mr. SHADWELL said they could not possibly know them with.
nut having the papers, which the former Solicitors had not yet
given np.
Mr. 1101 NZ—Then his Learned Friend must know that the
practice of this Court was quite clear that such a motion could not
be fronded but upon a full-knowledge of the contents of the papers
in the cause.

Mr. SHADWELL—Whit he meant to say was, that they were
not informed with respect to the orders about the 1.910. ss. and the
7,00 W. ; but he moved upon the facts exhibited cn the face of the
examination, with regard to the other sums.
The VICZ-CHANCELLOR—I assume that you more it four the
examination ; but my objection is, that the Court cannot take your
objections to that examination in this stage of toe proceedings.
Mr. nom hoped his Honour would consider him entitled to
the costa of the motion.

The VICE-CIIANCELLOR—Yes, I think you are entitled to
your COMB.
Mr. W•10TIT begged to be allowed to state bow this cause had
been conducted. When the proceedirgs were originally instituted,
the solicitors wets Messrs. Shaw and Le Blanc, who were the soli-
citors to Lord Allover, and who by some strange mistake was in.
traduced se a plaint& in the cause, but he having no purpose to
answer by investigating Mr. Ure's accounts, the cause was lett un-
attended to. But when the present taJlititOn succeeded Messrs.
Shaw and Le Blanc in the management of the cause, they found,
upon the face of the examination of ,Jr. Ure, only about AIN items
had been examined into: and they also found that by the defen-
dant's own statement he had received upwards of 14,0001. of money,
beside+ seven or eight thousand pounds in Exchequer bills, which
be had no pretence to claim.
The defendant's Solicitor—The present Solicitors have rot been
appointed by any order of the Court.
Mr. WRIGHT—It is not necessary that they should be; they
are ollicers of the Court, and act on their own responsibility. If
they do wrong, they are answerable to the Court.
The Vice-CoaNcet.Lon-31r. Wright, I cannot attend to
this. The simple question before me is, whether you can except
to the items to this premature stage, without going regularly be-
fore the ester;M and, according to the settled principles of the
Court, 1 think you cannot. If you bap any complaint to make
agnlttyt the solicitors, you must make a. vety different motion from
the present. Torre is certainly a spirit here which does not belong
to proceedings relating to a question of property.
Mr. Wn t anre—.ln:l there is a spirit in this case which does not
bettog to the principles of this COWL
Mr. lloaxx—My Learned Frend has not said one word about
the will of bit J. L. Johnstone.

WRIOSIT—This estate at %Vermouth brings in only 1,3001.
a year ; arid this Mr. Cre has charged 8201. a year far its manage-
ment, besides 2001. a year for an assistant. It is impossible any
Court can say that a trustee is entitled to make such charges.
Tire Vtc E.CHANCE 1.1.0 a—l f he Is not entitled to it, you know
the proper course to bring him to account.
Mr. Watattr—nnt them may be some danger in the delay that
would intend it. It Is the danger oldie delay that brings us here.
Mr. lion mg The secret rouxs out at last. It is quite obvious
what'the purpose of all this is.
The Vic g-Crtnec t.t.o a—There is not the least difficulty here,
nor any reason why this c. • .! should be treated differently to what
ts utast In all other eases of the kind. If the Soho:Ms do not do
their duty. the parties enn set that right, upon a proper applicatioo
being made.
Mr. floe we—These gentlemen are not the Solicitors for the
other plaint
blotiou refuse', with costs.

COURT OF KING'S BENCH, GUILDHALL, MAY 23.

lajort the LOAD CHIEF JUSTICE and London Common Jarful

RIXO v. RICHARDsOrt•
This was an action id minus* brought ii.;:fiest the defendant, for
runuit/rmainat the plaintiff's gig, tiaroring out hiu mid his wile,
and injuring his horse and gig.
The COIIVION SE PJFAX T (with whom was Mr. CHITTY, for
die plaintiff) suited Me fact! of the case rn the Jury. Alter de.
.eritittg. Moo about mite u'risick 13 the evening of the P'hn 31,e.
Ink die del.:neat• . had driven his own gig ageing the plaintier
in 4 carless manner, near Eltham. in Kent. he untied, that tc
should he enabled to prove that the defendant was, in a state of ca-
llous intnaiisition. hut had sul!lcient ro.ming about hint to fry to
rived/re the plaintiff when he sougLi • remedy ; becauxe. when his
dome and addreaa were inquire 4, though he ghee hi. trite name, he
said he was a Ilnen-tif trier at Dint ford, instead of which he turned
out to he an opulent chnoney.awreper ' • and the Learned Counsel
inesumed, that the Inorith or iifty not having ipme expired at the
rims of him misconduct, he thought fit to take leave of It on that
day in a fret extra cop+.
tineasert were then called, who proved that the defendant, in a
alms of intosleatinn, drove violently against the plaintiff's gig,
thongb it *so nu the right aide of time hod, knocked hint against
the hedge by the mad tilde thraw his wife Into the ditch. and the
defendant.. own gig wk. &cell Into the middle of the toad by the
Tlic plantain home took 'tight at the cuOtiousion, ran of
at luU sped, sad attar procaskrig duet or tour buudred yards,'