The British Press; or, Morning Literary Advertiser.
London, England, 1826-07-27 00:00:00

LAW INTELLIGENCE.

COURT OF CHANCERY, WEDNESDAY, JULY 26.
In the course of the morning, an elderly gentleman, who sat on
one of the back benches, appropriated for Counsel, rose, and stated
to his Lordship, that he had an application to make, to restrain4he
assignees of his bankruptcy from dispeaing of certain effects winch
belonged to him, he having purchased them at the pale of his estate
and effects, with a sum of money which had been subscribed for
him by a few of his friends.
The Loan CHANCELLOR inquired if he had given notice to the
different parties.
Tim Gentleman stated he had given notice to the Solicitor of the
Assignees, and to the auctioneer who sold the goods, but the peel-
tion which he had presented was rot file 1, owing to some point
of form not being complied with which was required by the rules
of the Court. if his •Lordship would allow him to read the aili.
davit, he was satisfied his Lordship would think hla one of the
grossest cases of oppression that ever came under the view of the
Court.
Ilia Loansntr asked if the affidavit had been Sled.
Fite Gentleman replied it could not be tiled, because the peti-
tion was not tiled. lle then proceeded to read the following
davit :
In the matter of Thomas Dornford, isbankrupt.
" Thomas Mulford maketh oath and saith, that after he be-
came bankrupt, lie rustle a surrender of all his effects to his As.
aignces, as directed by the Statute. That a sale of his household
furniture having been directed, by his Assignees, to tike place on
the 7th and 11th of April last, he sent the following letter to a few
of his friends, viz.:—
" 'Sir—A victim (like many of my superior') to the unprece.
dented pressure of the times; deprived by bankruptcy of the last
shilling, and exposed to being turned out of doors, and the bed
taken from under me, I humbly solicit a small loan, to enable me
to purchase my lease and furniture, about to be exposed to public
sale (till Providence opens a door for my relief), when I will
thankfully return it, and in themean time inside my life for its
security.
I trust the urgency of the case will plead my excuse, it
being, in times like these. my last resource.
" I am, your obliged humble Servant,
" I' 'foams Donxeonn.'

"' Philpot-lane, 81st March, 1826!
---
"That in consequence of the said letter he received from Robert ,
Capper, Esq. a Magistrate for the county of M idtilesex, the sum
of Mit. ; from John C. Ncild, Esq. another Magistrate for the
same county, the sum of 211.; from the Rev. Joseph Dornford,
Fellow of Oriel College, Oxford', the sum of 501. ; and various
smaller cums from various other friends; by which he was en-
abled, through the intervention of a Mr. Vitt and a Mrs. iVright,
to purchase at the said sale, in their own names, a few articles
of hous,zhold furniture, which articles, after the sale, they removed
to the upper part of a house he had taken, in the neighbourhood.
That notwithstanding these things were purchased at the said sale
by the said 31r. Vitt and Mrs. It'riglit, and paid for by them be-
fore their removal, with the privity of Mr. Thomas Nathaniel
Williams, the Solicitor to the Commission, and with the know-
ledge of thel Assignees, who are Thomas Bridge, Esq. Trinity.
square, Tower-hill, who is no creditor, and Edward Trimbey,
Prospect-place, Stepney, the said Thomas Nathaniel Williams, by
an order from the said assignees, authorized Mr. Musgrove, the .
same auctioneer who had sold the goods, and received the money
for them, to seize the same identical goods, and to resell them, for
the benefit of the estate, and actually put a man in possession at
the same time, viz. on Tuesday last, the 18th day of this July inst.
where he remains at the present moment. T. Donsrioan.
" Sworn this 2d day of July, 11126, at the Mansion Douse, be-
• fore me " Wst. VEN ARLES, Mayor."
Mr. Dornford stated, that the sale was to take place to-day, at
twelve o'clock ; he therefore hoped his Lordship would restrain the
assignees from carrying the sale into effect, till the subject could be
fully and fairly brought under the notice of the Court. Mr. Dorn-
ford then entered into a history of his private transactions, in
the course of which he observed, that on an occasion, when he was
on a Jury, at the time his Lordship was Attorney-General, he was
ao charmed with his eloquene-, as to starve himself for six hours.
rather than comply in returning a verdict against a cause so ably
advoci t !el
Mr. Mowrainu said, on a former occasion he had been Coun-
sel for the assignees, and he must say, the word " Providence,"
used by Mr. Domford in his letter, had been prostituted to the
basest purposes.
The .LORD CHANCELLOR observed, he was not entitled, by
few. under the present circumstances, to make any order; but
if the assignees improperly sold these goods, he would call them
•
to account.
Mr. Dornford said be was Much obliged to his Lordship, and
retired.
- -

ZIAWMAN V. TEOO.
The SOLICITOR-GENERAL said he had a motion to make in
this case, to restrain the defendant from further selling a work,
called the London Encyclopedia. lie understood his Learned
Friend, Mr. florae, wished it to stand over, on tne ground that
his client hail not had sufficient time to answer the affidavit. lie
however hoped his Lordship would not let this work go ou gaining
an tx ensive circulation.
Mr. HORNE said he did not wish to ask for any unreasonable
period ; but he had to complain of these parties coming at the
close of the business, and mating eh• circumstances which they bad
known ever since last March. From that time up to this month,
no notice had been taken of the piracy, as it was called by the plain-
tiff', for the bill was filed on the 22d of this month, and the notice
of motion given on the 24th. According to the practice of the Court,
that was atter the time when, without special permission, any party
could be allowed to give a notice a/motion t but lie had no doubt,
if his Lordship's permission had been asked, he would have given
,it. The party had given a common notice of motion, and expect-
eel his client to be ready to answer* bill filed only two days ago.
The LORD CHANCELLOR inquired what. time Mr. Horne re-
quired.
Mr. Iloawe thought a week would be sufficient. The party
wished to impose on his client the condition of not selling any of
the buokain the mean time. Such a condition would give the party
the henefitof au injunction, and allow him to take advantage of his
dilatory proceedings.
The Loan CHANCELLOR Sail the question was, how long the
patty had delayed instituting proceedings, wilt the knowledge that
the work was selling by the defendant.
Mr. Ho it NE believed the parties had been aware of it ever since
last March.
The SOLIC/TOR.GENERAL observed his client had given the
parties notice to desist at Wog the work long ago, but had de.
layed instituting any proceedings, hoping the piracies would
not go on.
The LORD CHANCELLot observed, he bad no objection to the
motion's standing over, it' the defendant would undertake to ac-
count for the books which were sold in the mean time.
Mt. HORNE said his client could have no objection to that.
The SOLICITOR-GENERAL. OH/tight three or four days would
be sufficient time for the parties to answer the affidavits.
The LORD CuANCELLOR ordered the matter to come on on
Monday neat.

VICE-CHANCELLOR'S COURT, WEDNESDAY, JULY 26.
THE ORMONDE E§TAT E.
TUE MARQUIS OF lIUNTLY AND OTDENS V. AILKWRIGUT.
In this case Mr. Summer applied to the Court on the part of
the plaintiffs, who are trustees of the estate of the late Marquis of
Onnonde, to compel the defendant to pay into Court the sum of
191,0001., being the balance of the purchase money of the estates
of the late Marquis of Ontionde, sold under a decree of the Court
in the case of " Lewd ()monde v. Clarke ;" also the sum of
90,5001., the value of the timber standing on the sand estates, with
the further sum of 7351. the value of the herd of tita.l thereon.
Mr. H oat; E, for the defendant, opposed the motion, inasmuch as
tile conveyance of the estate had not been completed. There were
several ineumbrances on the estates still unsatisfied, but to meet
which there were ample funds already in Court.
Mr. SucnEx said the defendant was actually in possession—was
killing the deer—receiving the rents, and exercising other acts of
ownership; he ought, therefore, to complete the purchase by pay.
big the whole of the purchase-money.
Mr. lionsE admitted that the defendant was in possession, but
he was quite ready to relinquish it, or perfect the purchase, when-
ever celled upon ; and he only resisted the present motion because
his acquiescence to it would remove the stimulus which at present
existed, to induce the plaintiffs to call in and satisfy the tricorn-
brances, and so prepare the conveyance for completion.
The VICE-CHANCELLOR—I cannot permit a party to hold
possession and the purchase-money also.
Mr. HORNE repeated his statement of his client's readiness to
perfect the purchase.
Mr. SUDDEN—When will you undertake to complete the pur-
chase ?
Mr. HORNE—The moment you furnish us with art abstract of
the incumbrances affecting the estate. My client is very anxious
to pay the money, and is quite ready to co-uperate with the plain-
tiffs an bringing the business to a close. If they are equally
willing, the transaction can be finished in a very short space of
time.
Oh this understanding the motion was not further pressed.
3FKOY AND ANOTUEEL V. ROBERTSON AND ANOTMIN.
This case, which involved a question of copyright, was put
heard.

LIMERICK CATHOLIC MKETlNO.—Virednesday, an Ag-
gregate Meeting of the Catholics of the county and city of
Limerick, was held in the Chapel of St. Michael, in that
city. Wm. Roche, Esq. in the Chair. Nothing of
portance occurred.