The British Press; or, Morning Literary Advertiser.
London, England, 1824-11-29 00:00:00

Wii.KINSON D. JOIINVI,:.

This was an ac: fls. Rd., alleged to
here been paid tiy the plaintiff, under a mistake., to the defendant.
At the that IA Ore the laird Chief .1 ust i at the London Sittingp„
• last Nichaelmas 'Fenn, the: plaintiff had a verdict, subject to
the minion 0: this (: air:, on aspects' case. winet sherd that the
;flaky ;- 's were liominit hankers. mei agents for Mess's. 11 irewood,
Sons Co. at liverpo 1. The defendants had received dire,
exeitang; front a correspondent of theirs at Manchester,
iiiirnenitig to h., accepted by a .11r. llornhy, and indorsed by
es. Ilan-wand. The dotendatitS kept each at Messrs. Smith,
l'ayi-e, :tad Smiths, with whimi the bilks were left to be presented
tier -pon prcsieming the bills whim tine, the plaintiff,
Muni paid them to the honour 31essrs. Ilarewoods
t, ihitering the indorsement to be e.:inuinc. In two hours
tificow to-is it wire discovered that both the halorsemcnt and the nc-
c..ptaio, were forgeries. whereupon they tare notice of the tits.
c•,..eri- to .1.-ssrs. and Co. :teat by them information was
In cnou,.••.it for the latter to give notice to
to•ni thq received the bills; hot the defendants
insist piy lite phontiii's the Lione,y they had so paid. Tda
i t nigh alt tlie ititior..ente,its on the
. . I of Hain won: anti Co. Tasii saes.
tines weer UV, ii i I It. Ott ; whether tin plate..
t r... 1 the moue:: cedar such a trist.dir as them to
to this rt:ition : si emit. wl :ha the cirvum-
sh•
..., e it stn: CU! the I:.tt,:W.-,:a.'nt rot tleprive
t•-• •ief...Onnts it rurociy Over the inilor„ers
/ I l•F: no a delivered the judgment of the
( I !`:•41-•%' was paid a
Cr,s n. r :ty fhive iind as they had
:: In the to erable them
to give iod•c, to Cie lest i •n• :hey had a right tr. recover th,
mc:,,t. bac°. ; aid. SL:trld. lisat ai bad also beeo
struel cu, by the tr.,i rs would still have lv.en liable
to the 41,:f.inilants, atl. conseim-ntle, the action was maintainable.
Tle.y ate: of liowevt r, t' int if the defendant: had sus.
tamed any damage, ti.y reason of the expenses incurred in resorting
to the prior hawsers, they might maintain a cross-action against
the plaintiffs; Lot this a toll be no grimed fur el.ftattiog the plain-
tid-s right to recover in I tv present action.
Judgment wus therefore given for the plaintiffs.
SALESATIIE V. MIRZA MELR PtlAll ICIIAN.

This wan an neern, we understand, brought by the plaintiff for
wage, due to bin) from the defendaht, a Written Prince. The de-
feudeet had been arrested and got 'e a boil bond, but bad since

THE BRITISH PRESS.

been rendered in discharge of his bail, and is now a prisoner in the
custody of the 'Marshal.
Procetdinws haring been taken on the bail bond, a ntle was ob-
tained on a former day by Mr. LAWOILOWE, for staying those
proceedings, on payment of costs.
BRODWRICIC was now heard against the rule., which, how.
ever, was ILMIC absolute.
CONTEMPT OF COURT.
TN THE NATTER OF EUTAW, OFFS.
_

It having been refeired to the Master on the Pleas side of the
Court. to report a hat proceedings had been taken in a supposed
C3UPC of ['ox r. Dodd, (argued at the Sittings before this Term, in
which Mr. Elf.lllll, an attorney of Great James-street, Bedfiird-
row. was the attorney), prior to the making up of the record at
Nisi Prins, &c. the Master now reported, that Mr. Rhein had been
before hint, pursuant to the order of the Court, and that upon in.
quirt' into the matters referred to him, he found that no proceedings
whatever had been taken in the said supposed cause; that the
plaintiff and defendant were fictitious persons,; that Mr. Elsam
was devisee under the will of the late Mr. Fox. of Richmond, in
the county of Surrey, who died in December. 1823, seined of cer-
tain freehold and copyhold estates; that in the special ease sub-
mitted for the opinion of the Court, the testator was falsely stated
to have died in Da-ember, 1823; that no common or other reco-
very had been suffered, as stated in the special case ; and that the
whole proceeding, front beginning to end, was feigned, in order to
take the opinion of the Court upon the construction of the testator's
will, whether Mr. Elsam took an estate tailor an estate in fee?

.
31r. Llsaui nut being in Lourt when the Master's report wu
testi—

Mr. W. E. Tsuxxow appeared on his behalf, and produced an
affidavit, in which Mr. Moan candidly confessed that his object
was, by a feigned lane, to take the opinion of the Court as to the
construction of the late Mr. Fox's will ; that in doing so, he acted
in ignorance that lie was guilty of any improper practice, and
without any fraudulent or undue motive. Others stated that his
real objcet in adoptidg the proceedings in question was to enable
him to mortgage the castles devised to bin, in order to pay off
certain debts which the testator had left chargeable upon his per-
sonal effects, but which deponent, in his own prejudice, had inju-
diriously applied in satisfaction of certain legacies which bad been
bequeathed to scone distant relatives. At the time he had so dis-
charged the legacies, he was not aware of the debts for which the
testator's estyte was liable; and he, front conscientious motives,
wee desirous of raising money upon the freeholds and copyholds,
in order to discharge those debts, being persuaded that it was the
intention el the testator that those debts should be liquidated.
It, however, being a doubtful point, whether the deponent took
an estate in fee or in tail, and apprehensive that he would have
some difficulty in raising money by the mortgage thereof, in
consequence of such a doubt existing, he had, from the motive
already alluded to, been induced, by means of the feigned issue,
to raise the question for argument and decision before a Court of
competent jurisdiction. In doing so, he lad acted boats fide, and
instructed the Counsel on both sides, who had argued the case with
ae much zeal and ability as if it were a real question between liti-
gating parties, and that the testator's relatives, who were interested
in the devises over, had their interests as much attended toss if they
were parties to the suit. In conclusion, he urged his inexperience
in the practice of the law—that no complaint had ever been made
against him during the eight years he had been in practice, and that
he had, in fact, incurred an expense of 401. in this proceeding, and,
after expressing his deep regret for what had happened. he submit•
ted himself to the wonder:de judgment of the Court. The learned
Gentleman then addressed the Court on behalf of Mr. Elsam,
and hoped that, under all the circumstances of the case, they. would
not think it necessary to visit him with any great severity, al-
though the indiscretion into which he had been betrayed could not
he cornmenied. The Learned Counsel said, he believed that in
Chancery it was by no means an unfrequent occurrence for parties
to take the opinion of thrt Court upon facts stated by way of sur-
mise, vlthough they were without fonndation. lie admitted, how-
ever, that in such cases the parties really interested in the question
were generally before the Court.
The Loan CHIEF JCSTICE, after consulting with his brethren,
said, it appeared, from Mr. Llsam's own admission, that he had
been guilty of a great contaupt of Court in the proceedings he
had adopted. and deserved its severe animadversion. Mr. Elsam,
however, had done nothing since a suspicion was entertained that
all was not right, to aggravate his conduct, for he had promptly
confessed his error, and submitted himself to the pleasure of the
Court. It was further to be observed, also, that he did not appear
to have been actuated by any unworthy or corrupt motives. At
the game time. however, it was the duty of the Court to mark its
sense of in high a contempt of its process, although they should not
press with any great severity upon this gentleman, who appeared
already to have sustained a less of .101. by the experiment which lie
had made. The order they should make was, that Mr. Elsam, for
this contempt do pay to the King a tine of 301., and be imprisoned
in the custody of the 31ot-hal until the line is pail.
Mr. Elsam immediately paid the tine and was discharged.
IN THE MATTER 01' THOMAS CLARICE, GENTLEMAN AND

.OTHERS.

Mr. STOIII4EII had, on a former day, obtained a rule calling upon
Mr. Thomas Clarke, an attorney of this Court, to chew cause why
he should not be struck of the roll tor acting as an agent on behalf
of two unqualified ;ter...fins, named Thomas and John Plimmer,
and permitting those persons to use his name in the conduct of an
action brought against a person named Holeman, at Uttozeter,
in Devonshire; and also Inc a rule upon the Plimmers a spew
cause why they should not It. notmuitted to custody for 12 months,
under 2.1 lieu. 11. c. 46. s. 11.
Dlr. CAMPBELL now shett—cl cause on behalf of Mr. Clarke; and
Mr.CttITTY on behalf of Thomas Plitnmer, and after a discussion
of some length,
The Court proposed that Mr. Clarke should refund to Holeman
the sum of 741. which had been obtained of him for the purpose of
defending the action in question, &c.; and that he should enter a
:la processats in another action which had been brought against
Holeman. _ _ _

311% CAMPBELL said he wmtld mention the matter to his client,
and that on Monday he would be prepared to say whether he
would aubmit to the terms proposed.

THE KING i"% i 11.031.01 BAIRD, X.D.

On a formertiajariiiA'irli.ditee;—granted against this gm.
deman, a physician of Ipswich, for posting another physician of the
same town, and endeavouring to excite him to a breach of the
peace.
Mr. N. CLARICE, jun. now moved to enlarge the rule until next
Term, on the ground that Dr. Baird had not had sufficient time to
answer the affidavit on the other side. _

._ .. _
The Court ordered the Rule to be enlarged accordingly.
CRIMITAL INFORMATION.

Mr. BROVOHAM moved for a rule to show Cause why a CriMi. '1
nal Information should not be filed against J. Lockwood, Esq. late
Mayor of Doncaster, for corrupt and improper conduct in his
office. The learned Cminsel stated, from his affidavits of several
members of the Corporation, that in consequence of the death of
the late Town Clerk of Doncaster, it became necessary, according
to the charter of the borough, that the vacancy should be forthwith
filled up by election. On the 31st June last, two gentlemen,
named Fisher and Mason, became candidates far the office, and the
Mayor was reqaired to summon a corporate meeting for the elec—
tion ; but under various prstexts, he evaded the requisition from
time to time, until the 16th of September last, although, since
16fsi, there bad never been more than one instance of an interval of
five days between a vacancy in the office aid the election of a suc-
cessor. After several unsuccessful attempts to induce Mr. Lock-
wood to calla meeting of the Corporation, a meeting took plate as
abovettientioned, on the Ilhh of September. when the Mayoralty
was about to expire. On that occasion the election was declared to
he in favour of Mr. Fisher, by a majority of 18 to 11 votes. It
was sworn that great public inconvenience had been experienced in
the borough in consequence of this delay in filing up the office or
Town Clerk, without whose presence neither the Sessions for the
borough nor any corporate act could be done. The complaint,
however, against Mr. Lockwood did not end here. By the prac-
tice of the Corporation it was requisite, upon the election of a
Town Clerk, that a certificate of the appointment of the per-
son chosen should he signed by the Mayor, and transmitted
to the office of the Secretary of State for approval. It was also
requisite that the 3lsyer should sign a minute of the appointment
of the successor to the office, in oiler to the validity of his ap-
pointment. It was sworn, that soon after Mr. Fisher was elected,
the Mayor was called cop no to sign his certificate, hut refused to do
so, under pretence that his hand shook so much, that lie could not
write, and referred Mr. Fisher to a Surgeon in the town, in con-
firmation of the statement. Applicatioo wax again and again
made to Mr. Lockwood for the same purpose, but he still refused.
At the lots Sessions holden for the borough, Mr. Fisher attended
tier the !impose of discharging the ditties of his office, but not be-
ing qualified to net. Inc the reason above mentioned, the Recorder
and some of the Aldermen present proposed that the Sessions should
be adjourned until Mr. Fisher's certificate was signed. There be.
ing five corporate officers present, the question was put to the vote
for the adjousnment ; it was carried by a majority of three to two.
Mr. Lock wan!, the Mayor, being in the minority ; whereupon
the Recorder. two of the Aldermen, the //rind Jury, and several
of the Traverse Jurors, withdrew from the Court, conceiving that
the Sessions were adjourned. The Mayor, however, kept his seat
on the bench, and seemed determined to hold tie Sessions at all
events. It was not the practice of gentlemen at the bar to attend
the Borough Sessions, and none initially attended without sp,vial
retainers. (Pt ovrasion, however, a gentleman of tlw
whose name he (Mr. Ibromtliam) forbore to mention, was in at.
v.:nil:ince, alid sat at the table of the I'mtrt, with a blank sheet of
Noel. folded lip in I: inn of a brief, het without indorsement. The
Mayor Caviar mitered the crier of the Court to remain, and baring
Cireate.i to time some of the Jurors if they del arted without
declared th.d he should hold a Sessions, notwitlistani:ing
the aolimirnment, and Fotattalcd to consult the Barrister ullinied to
as to his Itioi,,,rity to hold the Sessioas. The charter was 4.ferred
to. end the Barrister gave it as his opinion, that the Mayor and
Alderman a lio rctivii!:ol were competent to proceed withont thcir
f..flows or the Pecorder. NVhereupon, Mr. Lockwood, acting
upon the I. rt.it folfit6ii thus given, immediately called
the Harriater to route nr to the lisnrh and act As his t:ssestor. The
Conn, tiros cu:sti,iited, then proceeded to the despatch of business,
and actually tri,sl and convicted a prisoner, whom they sentenced
to one month's imprisonment and hard labour. The case, how-
ever, did not end here. Mr. Lockwood refused, upon application,
to sign Mr. Fisher's certificate. and, upon Inquiry, it turned out
that Mr. Lockwood hod traninitte.l to the Secretary of State a cer-
titicate that :11r. Mason had been tiolv elected, and to this ccrnliaste
lie had appended (not the common s'eal of the Boroup,ll, of which
he had not the etistatly. but) the recognizance seal.whicli he usually
kept in virtue of his office. These were some of the circionstances
staid in the affidavits, and the Learned Counsel aubmitted that it
was a proper ease tin, the interposition of the Court.
The Loon Cuter JITSTICE.—Take a rule to show cause.
rite. XIX° V. R. MORGAN. CM.
. .

Mr. WIGUTBIAN cured fora rule to &hew came why a crinti.

nal information should not be filed against Mr. Morgan. a Justice
of the Pcate for the mums, of Somerset, for improperly and cor-
ruptly refusing a victualler's license to a person named Lockster,
of Shepton-Mallet. The Learned ( mime' stickt: from hix affida-
vits, that there had been some old standing disputes between Lock-
ster and Mr. Morgan, respecting some manure. Lockster became
the purchaser of a public-house, and was desirous of having the
license asligned to him, and applied to Mr. Morgan for that pur-
pose, and the latter promised to use his influence. provided the
former rune to same vestry meeting to ;give his vote in a matter in
which Mr. Morgan war interested. Lockster attended the meeting,
but his vote wax not received, in consequence of some want of qua-
lification. On the 10th of Septemter last, Lockater propmed o at-
tend Milton Fair. for the purpose of selling ale, which, by the law,
he was entitled to do without a license. 111 r. Morgan sent him word
that he must not attend the fair ; but Lockwer replied to the mes-
sage, that he did not know how to avoid attending, as he hail in.
curred considerable expense in sending provisions and ale for the
supply of the company. On the List lice:tong-day he appeared be-
fore the Bench ui Justices, to have his license granted, hut Mr.
Morgan, as was alleged, told him positively that he should not
have a license, assigning as a reason that lie bad neglected his nu.
lice not to attend Hilton Fair. The aflidavits imputed this refusal
to corrupt and partial motives.
The Court, under the circumstances stated, granted • rule

THE ICING V. TWISI•EX, ESQ.
Mr. SCAILETT moved for a rule to chew cause why • criminal
information should not be tiled against a gentleman named Twis.
den, for endeavouring to irritate Earl Stair to tight a duel. The
Learned Counsel stated fiom the affidavits, that Jlr. Twisden had
sent a gentleman to Earl Stair, demanding the payment of a bet of
2,00 e/. which he 'Hedged to have ion of the Earl. The latter de-
nied that be had ever made any bet with Mr. 'r wisden, and posi-
tively refused to comply with tie demand. I:ittin this the gentle.
mu bearing the message said, that unless the het was paid, he
must meet Mr. Twisden, and give him satisfaction. The Earl de-
clined settling the matter that way, and told the gentleman, that
if Mr. Twisden persevered by such improper means to compel hint
to pay a bet which he never lost, he should apply to this Court for
its interference. In September last Mr. Twisden went to lirilh-
ton, and there posted the Earl in several public places. in the tol-
lowing menus r—" Twisden has applied to Earl Stair for a settle-
ment of a bat, and twice having given him the offer of a reference, I
was under the necessity of requiring the satisfaction of a gentleman,
st Melt he rulused as such. I hereby declare that Earl Stair is a
man who does not pay his debts of honour, and is a coward."
Under these circumstances, the Court granted a rule nisi.