The British Press; or, Morning Literary Advertiser.
London, England, 1822-12-17 00:00:00

CAMP

LAW INTELLIGENCE.

—oar—
COhRT OF CHANCERY, MoNimr, Dactusza 16.

bRERE V. WARD.
The Loan Cinsiseguet inquired whether Mr. Carr, the
Solicitor in this ease, bad prodneed, at the investigation he•
fore the Master, all the books, papers, and documeuts, io his
possession?
Mr. MST said he was not able to answer with certainty,
and begged permission to answer tomorrow morning.
Ilis ILirdship said that he was very desirous to ascertaio
the fact. Although Hr. Carr was the Solicitor to both par-
ties, it was no reason why he shodid not produce before the
Master all the documents in his keeping. There might be
diffieulties in such a case, but the Court could not sanction
any improper withholding of papers, out of respect to the
feelinfis of Solicitors. His Lordship said that his Secretary
in affairs of lunacy ought also to have produced all the
papers and documents, without any further order. Hence-
forth, ton, he would make it imperative on the Master, wirier
to make his report on such subjects without having previ-
ously ascertained or inquired who was the heir at law and'
the neat of kin. It had not been done in the present case,
because, as be understood, the partiet had agreed not to
dispute it. It was not merely for the sake of the Crown that
such inquiry was necessary ; the interests of the persons in
whom the reversion was vested, and of the lunatics them-
selves, were deeply affected. These persons might ni•sist the'
Conrt materially in its proceedings, and should' the Innaties
recover the use of their facilities. they would perceive that
their rights and feelings had been consulted in every way.,
This was the only case, ho hoped, where such inquiry had
not been made. Should lee send this ease again to trial (and
his Lordship would not insinuate that he .nt4mded to do so),
he would order every hook, paper, document, &c., to te.: pro-
dured.

The motion was ordered to stand over till the first Seal
after the recess.
LLOYD AND OTHERS V. SIR HORACE ST. PAUL AND

OTH ERS.

Mr. Haste moved for an injunction td restrain the Defend-
ants in this case from sinking any pits for working real or
other minerals, on certain lands in the parish of Wednesbury,
in the county of Stafford ; and also to oblige the Defendants
to plate In the hands of the Clerk of the Court certain deeds,
for the instruction of the Plaintiffs. The case was very corn.
plicated, and occupied the Court the whole day. Mr. Hart
slated that a bill bad been filed in Me, claiming that the
Plaisitiffs were entitled to the right to cool and other minerals
in the lands in questine, under a reservation in certain deeds,
which conveyed the metal of the soil its a former Lord Dud-
ley-and-Ward, from whom the Plaintiffs derived their title.
It was admitted by Mr. Vernon, one of the defendants, that
such deeds were in his possession as trustee for Lady St.
Paul, but that be had never acquainted himself with their eon •
tents. The Court would not compel him to deliver up sorb
deeds, since it might be injurious In the interests of Sir Ho-
race and Lady St. Paul—the resist qsi trust, and because
these persons were not before the Court. This was an emend-
ed bill, including Sir Horace and Lady St. Paul as parties. In
the former snit the Plaintiffs, being Quakers, had found a dif-
ficulty in swearing that the lands which had been worked
were the specific lands conveyed by the deeds under which
they claimed; but in the present ease thew were provided with
such affidavits. The bill set oat the original agreement be-
tween the family of Lord Dudley-and-Ward and the persons
of whom the Plaintiffs were representatives, dated November,
1,08, from which indenture both parties derived their titles.
It appeared from this deed that the estates called Wedneshury
Hall, Ise. were conveyed to the Hon. William Ward, with a
reservation as to the coals efid other minerals. In order to
show that the lands which had been undermined by the (pert!.
lions of the Defendants were the identical land, granted to
this instrument, Mr. Hart proposed to read the of of
Mr. Lloyd (a Quaker), one of the pleintiffs. Ile would lied
rend part. of the bill and answer, to show that the identity
bad been denied.

Mr. Hassle said, it was bis dray In object to the reading
aMdavits in support of title. This had been expressly deceit.
ed in Norway and Rowe, In Swanton's Reports. Mr. Hart,
he said, had not read those parts of the *ostler which shoved
that the Defendants had always exereised the right of pro-'
perty over the lauds in question, and which denied the Plain. '
tiff's title, with circumstances.
The Loan CNIANCELLOII allowed the objection, and
Mr. Prevs (for the Defendanst) proceeded to resit from the
answer—that cm tain parcels of land mentioned in the bill had
been in the possession of the Defendants for more than 60,
ears, without having been worked by the Plaintiffs—
The Loan CIIANCIILLOI—" That does not prove that you
have the title to the coals and other minerals. I was Counsel
in the case of Shafto, when * sitailar defeliee was set up ; and
I held, in opposition to Judge Buller, that it slid not follow
that the right was in tiro Defendants, or that it lad Won
abandoned the Plaintiffs. The Jury agreed with me, and
Judge Butler himself afterwards thanked me kir my stsnitiog
out against his first opinion."
Mr. Mitsui theta read such extracts from the answer as
went to support his objection.
Mr. Saanwitu, (for the lessees) made the same objection,
and proceeded to read parts of the answer of his clients.
Mr. Putman' appeared fur the iaant, who had not yet put
his defence on the record. If the working 'lithe coal Le stop-
ped, his client might be deprived of his inheritance, since if
once stopped it does not appear that it will ever 1:c put in
operation again.
The Lone CMANCELLOII—" The answer of Sir Horace and
body SL Paul gives 11143 no information with regard to the
deeds. They say that they have no deeds under their control,
as those in the hands of Mr. Vernon are not in'their power.
If these deeds contain any grant or conveyanee of lands and
coat, we had hotter hear that question first. The affidavit el
the Plaiatiff only goes to identify the lands. If it relates to
other points, it may be objectionable or admissible."
Mr. Pins followed in support of 111 r. Heald's objection,
and insisted strongly on the authority on Use authority of the
case Norway and Rowe.
Mr. ROOPELL appeared for Mr. Vernon, the trustee under
the will of Lord Dudley-and. Ward. Ile hail long since re.
linquished the trust, and given up all the steeds. with the es.
ception of some still in his hands. The nature of these be
was wholly ignerast of, and was ready to give them up to
any one the Court should point out. Of the two parties
claiming he knew not which had the right.. Ile would obey
' any order of the Court.
Mr. Mar and Mr. Witson replied on the part of the
Plaintiffs.
Mr. Senors argued at considerable length that the aOlda-
vit ought to be read, as it went to prose certain forts, and
was not merely in support of the title. Sir 11. and Lady St.
Paul had not negatived the title of the Plaintiffs. All their
answers were qualified away by circumstances. Ile contend.
od that even on their own admission the deeds were tinder
their control. His clients rested their title on the Earl's
deeds, and the affidavit ought to he read, as it went to spew
that every subsequent fact proved the assertion in the bill that
the deeds in the Defendant's possession contained the din.
puled reservation. He (Mr. Sugden) believed that although
those who swore to the answer might not know their con-
tents, vet that those who ads ifed that answer did.
of:sisllodawey.
followed on theses's. side.
The I4ah Cusoiceigna deferred the further argument un-
lit

VICE CHANCELLOR'S COURT, LINCOIZeS Twit,
Mompar, Dammam 16.

DEAD V. 116 A D.

In this ease Mr. 13Eri. moved that his Honour would direct
a new trial, on the ground of misdirection by Use Learned
Judge who tried the case. It was • question of legitimacy,
tried some days since in the Court of Common Pleas. The
mother of the party claiming to be legitimate had separated
from her husband, who visited her afterwards, but seldom,
and then at times and under circumstances, as was contended,
which rendered it improbable that any Watercourse had taken
place. The Learned Judge, in his charge to the Jury, told
them they must be satisfied that there had been no possibility
of seems before they could find the party to be Illegitimate.
Now it was contended, and had beret contended during the
trig!. by serjesnt Leas, that it was only necessary tp prose
that access was improbable. Under these circumstances
801 l prayed that his Ifirnintr would desire the Learned Judge
who tried Use case to send his notes of Use trial, and that a
day might be appointed (or hearing the •rgnments of the
Contused from the Common Law liar, who would attend, as
they were much more lit to manage such a question than the
gentlemen of tbe Chancery Bar.—The motion was granted.