The British Press; or, Morning Literary Advertiser.
London, England, 1808-12-20 00:00:00

LAW.iNTELLIGAACE.

COURT OF CHANCERY, Ltacots•s-tax, Dac. ig.

LUPTON V. IL& TIIO2IAS WIRTZ, Bart. IlltiOS, aid

WUUDS.
This was,a RC port of the Master in thi• cause,
to whom an account w.ts referred.

. The- circumstances of tlot ease were, that the
Defendants, itnsok and Wood, were the 10..
sees of a lead mine in- the county of Dur-
ham, winch they held undeethe ether Defendant,
Si? Thu.nas White. Tise Plunitill was the propri-
etor of it piece of land, vontaining about four acres,
culled time Little Pm, ailj • • g• the Mina. The
Defeudants, Brook amid Wood. wrought their
mine into a vein. wider the Plaintiff's land. The
Pl.iintiih in May. 1801. ailed his bill, and the
Court greeted all Injunction. Iu the June follow-
ing, the Defendants moved to set it aside. but the
Court reiusttl the application. It was afterwards
graitusi by the consent of the Plaintiff, ou especial
undertaking of •ttic Defendants to the Court, that
there shunts! be a regular accoant kept of the ore
•taken, aud-in case it woe aleterurneil by an issue. in
favour of the Plaintiff, they. would pay over the
amount to the Plaintiff. Au issue wit. directed,
and tried at the Spring Aliases of 1803, whether
the riAlit and title of the vein, under the piece of
hind, called the Little Inn. lay iu the Plaintiff? and
the Jury ghee it as thins verdict, that it war vested
in the Plaintiff. The Court then ordered. that the
Defendants should amount foe the sneered* before
a Molter, and the Master reported that it was itu-
poiwitile to take an account, as the Defendants,
Book anal Wood. had mixed the ore of the two
veins together, hail let pert of the urine midsr the
land. fall in. and had predated • (ran-
daleut set of books.

Sir Samuel. Rosin.Le moved that the Master's
repikt should be continued, and that the whole of
the ore from both veins should be decreed to the
Plaintiff; allowing the Defendants, i 1 they could.
to prove before the Master what pert came Irons.
their owe vein. He contended that this would be
only iloiegjustiaa to the Plaintiff, as it was through
'the fraud of the Oefeudants, Brook and %Veal,
that the account could not be taken. He silk wow-
budged there could k,e we Maine attached to Sir
Thomas White, but 'she made himself Is party to
the undertaking given by hiss lessees to the Court,
be lied made -himself equally liable with them.
This was not u new case ; K hod been often dreided
before. The case of Patten awl Penton, which
wait decided in the Court of Exchequer, was
setly in toilet. The Defendant was Clerk to the
Plaititiff, a beaker. in Chester ; he defrauded his
Reamer of several saws of money. and sent them,
with other souls, to aerate in le ondon. to have Kid
out in the The Court of Exchequer de-
cided in that ease, that the wh-le sums so laid nut
should be given to the Plaintiff. although it was
proved that some of the money was (*Defendant's
ProP•rtr•
Si, Airmen Ptiesorr, for the Defeadanta, con-
tended, that from the nature of the corks carried
on; it was iurpumible a separate wombat could have
been kept.
The (wale Ceiaseau.oit decreed that the Mem
tev should take en account of the proceeds of both
seines, leering the Defendants to prove what quasi-
bey came oat of their mine. sad the residue or
summit of the lead should be paid over to the
Plaintilf,ffve allowing the Defendants whatever ex-
pense they had been at its working it ; mid that the
Defendants par the costa of the application ; and
that there should be an opening to both parties, to
apply for the consideration of the Court. on the
validity of the testimony produced before the
Master. •

OOVIIT OF ZINO'S BENCH, Ovimoinota, Doe. to.

No care of public interest occurred this day.

COVfti OF C03010:11 FLEA GriassaLl,Doc. 19.

SOLDSUI6 ii, WAILIIIINAII our 110111.1111.

Mr. Scrims* Soarecao stated this to be an
action brought to recover 7111., being the amount
gpf a foreign bill of eiclumge, indorsed by the De-
fendaats, Farquhar and Itllore.s, to the Plaintiff.
The house of (soldsmid honing occasion to remit
messey to Portugal. had purchased elute Defend-
ants the bill in quoition. on the tat of September.
la% sod ea the same and the nest' ay, it and its
duplicate (die triplicnte they never amt)) were dis-
patched by the post to Gottenbergh Humburgh.
through Anieterdsin, whence it was transmitted to
Oporto, where it was payable at thirty-one days
after sight, and accepted; but, before it became
due, the French had taken possession of that city.
When Use time of payment arrived. it was refused,
in consequence of general orders issued by the
Tresch, prohihitiug any payments to British sub-
jerts. A protest was entered in the usual way,
and the payers also protested against any expenses.
coesveq smut PO the nonloyment, as they had the too-
hey, and weremady to pay at either to the French or
*sea. ow Assad be ultimately decided. The bill
ultimately came back to England in aras, lIDOs.
There were two grounds Nein which he supposed
this action was resisted, the first was thi., the Jury
knew it sometime- happened in foreign bills of ex-
chontathat in addition to the name of the party
on w the bill was drawn, the names of others
resident in the place were added ; that in case of
need, as it was called, that is, in ruse of non-pay-
meet. iglication might be made. in the hope they
would. taking it op, preveut their friend's order
being duhosoored ; this was the case in the pre-
✓ent matinee; the pause of a friend of the Defeo&
sat was pat on this bill, in case of need, but no
application had bees siade there, and he supposed
this Woad be urged as inch an omission as would
subject the bolder* to all the consequences of a
Belem is the payment ; but he knew of no law to
establish each a doctrine ; on the contrary. though
each an opplicetion migh tbe mades yet the holder
was sibt bound to look to any other for payment,
lost the person apse wheel die bill was made pay
The other gronsid was this--sthat the bill
lllPaet been promoted formeepteoce with due dili-
gent*. and that by sending it round by liandiurgh•
named of direct to Lisbon, the time was wasted
*Mil the arrival of the French ; when, if accepted
as sees as it might, it weald have been paid in
mimeo. Now he held the distioctsee between
balls
remade after date, sod after sight, to be tWs ; to
_ • -- . _