The British Press; or, Morning Literary Advertiser.
London, England, 1824-07-29 00:00:00

LAW I XTELLIGANCE.
COURT OF CHANCERY, WzoszsbAT, JULY 23.

• THI AT TOZSZT-Ores VIAL O. nAIIIDING.
The SOLsO ITO 11-tit ri on AL stated the nature of the motion. It
ton the ease of • Charity. The Attorney-General filed an infitr.
rpaitter sAitinothe Thames, on the nround of certain abases of the
He subsequently considered the proceedings under that I
in.ormation defective, and filed a second. The object of the pre-
sent notion was, to restrain the relators of the hill front proceeding
cm the fiat informoion. The question for his Lordship's coral.
4asticn was, uhrthcr the Attorney-General WU authorised to dis.
continue any proceedings eu en engine' information, and flea se-
-cord hi place of the first.
Mr. :emelt:rrun detailed the circumstances. The original
object of the charitable institution had bent, to release persons
confined for debts, each rot exceeding the tom of 41. The cha.
••rnable purpose became nano-.; by the Act which excepted debtors
to that amain from the operation of prison laws. The funds were
trice coin erred to the relief of old men and the education of poor
boys. The trustees of the charity in 11112 were Messrs. Hard.
Sag and Moreland. Harding hecante insolvent, and was indebted
to the charity in the sem of about 2,0001. at the time of his failure.
The ca-trustee, file Ale-eland, became site of his creditors on Sc.sounkof the charity, amid obtained a conipoffition of le bd. in the
posed from the insolvents estate, amounting to about 7001. This
sum he kept in his hands. in place of applying it to the uses of the
ctutrlty. Some of the parishioners applied to the Attorney-general, ;
teed filed a bill as reluars, requiring the removal of the wen Truss: ;
tests, the appointment of (ethers, and proposed &scheme for rennsiel..
bte the chanty. The Attorney-General seconded their suit by the I
.steic:ton of his name and official approbation—the matter was re.
Jeered to the Master; the 'frames', Moreland, had at this time in
his possession 1,1.10/. beside the 7001. which he had received from ,
the estate of his insolvent co-trustee, all belonging to the charity. :
'Yet the relators require in their hill no account of these sums from
tle trustees, nor ot the general receipts and payments of the funds
of the charity, and actually took his Honour's decree, without in-
bon*: the Court of tne possession of these sums by the masters.
The Attorney-General having learned the circumstance, considered
the decree. insufficient, and the conduce of the relators and trustees,
is suppressing all mention of these funds, most improper, and very :
like collusion between these parties, inn not thinking it possible to
graft any new proceaslings against them, en the original infornia.
tan, and wishing to attain the ends of jtutice relatively to the abu
of the charity funds, he filed a second information, and gave notice
to the relators to stay their proceedings in the Master's Office ea
the first. They disregarded the notice. The Master did not think
himself authorized to drop the proceedings. The Attorney-General .
therefore came before his Lordship this day, paying fur an order
to stay all the proceedings pending on the original information. i
The suit had connienced toWer the sanction of his official name Sr .
approbation, for the purpom of correcting the abuses of the charity ;
but the measures adopted under that official sanction ultimata,
ended in protecting the abuser, which they pretended 'to defeat, ar.d
could not any longer give them the authority of his countenance.
shlr. Pemberton was rot able to find much i the law-books bearing
on the case ; but rementheted to have heard his I Or :ship see/ tlut
it was not only the right but the duty of the Atto:nry-tienerai to
ate a proper decree taken in cases of mist charities, and to c4nnol ,
the conduct of relators, by that official discretion vested in him by
the constitution of the country. This wan the general object cf the
present motion. limit involved another minor one, namely, a desire
to ascertain what were the general rights of the Attorney-General is
such eases.
Mr. P.tninta, for the relators and trustees, denied the correctness
of Mr. Pemberton's statement of facts. Mr. Moreland aired to
pay the sum of 70W. into Conn, but the relators did not wish him
to do so. He kept it in his hands at interest, and ultimately paid
t into the heads of the Accountant-General. The first information ,
did ask for an account of the deficiencies. The trustees, in a sub-
sapient stage of the suit, presented a petition praying permission
fo transfer into Court the sum of Permission was granted,
acd theism transferred. It was not right that the Attorney-General
should abandon a suit which pie hadearried on to niche length, and
'ffy a fresh commeneement heap additional expenses on the funds of
the charity. The second ioformation was quite unnecessary, inas-
much as the AttOmer-General could effect the object an by perse-;
verinn in the first. The decree under the original informant:o had,
in feet,. already effected every thing that could be desired.
The Sor.tcrroa-ii replied, and charged the trustees
erieh having induced the relatan to institute these defective pro-
=dings.
Mr. PARITO denied the charge.
The SoLic rtnn-Ocstrn AL had no proof of the collt.sion, but
ea matters of public abuse he was at liberty to go on hypothetical
and possible cases. Every body knew of such things as white-
washin/commissions of bankruptcy ; there may be also such things
as wbfte-washing informations. No honest trustees wauld take
such a decree as that in the present case, even against them
-
seisms.
The I,OIID CnAWCOLLOR said this was a most important MO.
ion, and may be made a most useful one in cases of trust charities.
Acowding to the late enactment, the Attorney-Doleful was oblig.d
to file an information conjointly with relators, that there may be
persons to pay the costa ot litigation, and that it may not fall on the
public. It was the duty of the Auomey-General to see that every
such proceeding was proper before he gave his sanction to it • to
ascertain it even linen the persona managing the trust. His aid_
ship remembered Lord Thurlow and lord Loughborough, when
Atteeney-Generals, to have protested against such bills, irthey had
not received briefs on them. The Attorney-General's signature
was not alone sufficient. He ought to manage the suit personally ;
and Ames strange, yet possible, that after he had sanctioned the tn-
tiarmafatni by his hat, the proceedings may be carried on most ex-
Oeesieely, baba'', and collusively between the trustees and re-
lators; and the Attorney-General, after his signature, considered
f2tichts Ileto at the very moment he ought to commence his duty ;
:t he, gilt inattention, committed a slip tending to increase ex.
posse, be was chargeable with a breach of his duty.. In the
peewit ease hie Lordship apprehended that he should grant the mo-
tion, and leave the management of the suit, as well as the appaf.
:acting of the costs, to the Attorney.General.—Motion granted.
VICE-CHANCELLOR'S COURT, WEnxEsnatlvxv 28.

OLASSIXOTON v. TEWAITES.
Mr. 'MUMMY, for the plaintiff, who holds a single share in
the 1111wwipag herald newspaper, moved for an injunction to restrain
the • defendant (a considerable shareholder in that concern, and
Itavirig the end,, management of it) from removing the place of
abli ca fi o a is another street, and also to allow the plaintiff access
to the
_premises. The case was argued at great length by t►e
Learned Gentleman.
Mr. ,lioart and Mr. PARKE' opposed the motion. justifying
ilt.Glasaington's exclusion, on the ground that he had threatened
to break the machinery, and that scams to the books had never
been refused him. The removal was said to be rendered necessary
by the dilapidated state of the present premises.
After • long reply bow Mr. RoUPELL, his Honour refused the
injunction, with costs.

COURT OF LINOS BENCH, WroxziwAY, JULY 48