The British Press; or, Morning Literary Advertiser.
London, England, 1822-12-14 00:00:00

LAW INTE LUG ENCIL,

COURT OF CHANCERY, Lurcourt Ism,
FRIDAY, DECO:NAIR 13.
IN THE. MATTER OP CRESWELL, A LUNATIC.
Mr. IVETIOIRELL stated- that when this matter had been
last before the Coed it heali been sitegested that the lunatic
should he brought from his mansion house at Pinkney,
in Devizes, to be examined by Doctor Powell and an-
other medical Gentleman; lie was accordingly brought
to London, and after the exaniitiatatin he was removed
by his.. 101/s back to Dci ism. He would not confraid that
their sn conducting therumlers amounted to a evoking
of Court, on particular order having been made by I
Court forbidding it, but It certainly was a breach of de•
comic, out decency. Hot pr.unt spplicatioo was, that '
his Loedship would grant us order to Ilare the !mastic eolith
brought up to London fur the purpose of having the cum.
movies of lunacy executed,
Mr. WlLaaest•al opposed the emotion. He contended,
' that accordiug to the doctrine which bed been laid down by
his Lordship iu lunacy, the Court could not grant a COM-
' mission to be excepted, without it was executed at the mil
deuce of the lunatic, ou whidii a question arose, whether
taunt the of the twitatit, or in the town
where he resided, which of course Isis Lordship would
determine. This doctrine was laid down by Ids Lord-
she p in export* Smith, 4 Sioatiunn's Reports, sod in export.
fuller. The Learned Collllllll contended, if it were Deers.'
testy for Medical Getakesten is, person to examine the lunatic,
it would be mach snore conveuient for them to go to Der
"bee then to brim( o great number of witnesses from that
place to ILOR,IOO 10 give evidence as to the length of time
the object of the tononistion had been a lunatic.
Mr, WarLLLLLh is. reply, laid that the law of the case
with reference to the executimi of the commission was not at
all imperative that It should be executed at the restdeure of
Ow lunatic ; that both civil and criminal trials could be re.
moved, sad there could be so legal breseh in having the roe,-
missies executed 0111 of the comity in which the lunatic lived.
to some cases it might be very proper and necessary that it
should be executed in the same county, but ib the present
case the expence attending medical geotlenteu of eminence
going downs to the utuotry would be very great, and might
be saved ie great measure, by having the luastic broucht to
London. If she Court should se of opiuiou that be ought
out to be brought to London, that his Lordship would please
au order bon to be brought to Salisbury.
The Loan CHANCELLOR observed ha world he ex•
tremely uuwdliug to coolie, this inquiry to any particular
place ; as to exeoutiog the cuouniutou le the dwelling
house of the lunatic it was *sanely out of the question,
it was hardly ever done, except where the health of
the individual would be eadangered by removal. He
could very easily see, on reading the •lidavit, that there was
great anxiety as to the place where the corsaisolou ought to
be executed; and particularly so, "rhea the question was how
long the geutleatais had been a lunatic, it baviag been ad-
mitted that he wag one then. There could be too doubt but
if the eonosincion less to be executed is some large town is
the county irk which the lunatic used would be quire magi-
curet. He world therefore direct, that if this commissims was
not to be executed iii Loudon that it might be executechis
Salisbury.
PRACTICE.
SOLICITORS' COSTS FOR ATTENDANCE.
Mr. HARE, requested that his Lordship would give his
judgment in a ease in which the question of costs only waited
to be determined. It was in an appeal Irons the judgment of
his Hoene, the Vice-Chancellor, which his Lordship had
sent back to his Honour to dispose ef. It was necessary
that his Lordship should give his judgment, as (be Solicitors
had charged for attending to hear it, and their charges
amounted to more 'has the property in dispute.
The LORD CHANEELLOD--" Yoe do sot MOW to say
that the Solicitors charge for constog here every day in ex-
pectation of hearing juderneat en the subject of costs."
Mr. AGAR-.." They have doom so, and the Muter has
allowed it."
The LORD CHANCELLOR—AI The flolicltere ought mat to
have made the charge, sad If they did, the Master was wrong
in sllowing it; I must speak to the Master shout it"
Mr. Hum said that he and his Learned Friend, Mr.
Horne, were going to bring the subject formally before the
Court in a few days iu another ease, loot he requested that
his Lordship might allow this case to stand over until the
one he had alluded to was decided.
The LoaD Co•acetuaa—" Let it stand over to this day
week, and in the mean lime kt no Solicitor interested in it
•ttead here, for the purpose of hearing judgment is is."
The Lord Chancellor rose at two o'clock.

VICE-CHANCELLOR'S COURT, E.:SCOW. IE4
FRIDAY, DICTAIRIR 13.
PRIVILEGES OF THE BAR.
In the case of Nun 'oil others, respecting the construction
of a wilt, Mr. Wasitgatiz, who appeared me Counsel for the
Defendants, bad stated the construction which he contended
must be put upon the words of the intrameat, and had pro-
ceeded to argue upon it, when his Morose the Vice Chan-
cellor pointed the attention of the Learned Counsel to a par-
ticular passage, and expressed his opinion that the sense of
it was so dear and conclusive against the construction fur
which Mr. Wetherell was cootending, es to render any further
*remelts on that point nowecessary. The Learned Counsel
submitted that the context warranted a very different con-
struction to that entertained by his Heiner.
The Vice•Cwanctu.on, after having read the passage in
question out, said, " I du not know how Roy language can
be more clear. 'There is not a doubt to bong upon. If you
are not convinced by the reading of the passage, I cannot
expect to do more. That is my view of the rase.
itlr.Wrintetcrt. (with mach energy)—" I have • right to
be heard! I claim it fur the sake ado. Ber—for the sake of
my own public reputation, sod I will be heard."
The Viten CiIANCRI.I.ORs•••" I am always desirous of hear-
ing you ' • but who you are to be heard, it is for the Judge
to ire that yin are not signing spun points on which there
can be no difficulty."
Mr. Weggiittezt" 1 contend for sty right to be heard,
and to state my view of this case, end I will not submit to
be put down by your Honour. lam only spenkitig the sea.
timeuts of the Dar. when I my that your Humour decides
onus without sufficiently bruin them. It is the unani-
mous compluent of the Der, tint your Honour will on per-
mit 'lon to exercise that right, without which the, cannot
do their duty to their thesis, and petitions are now pretested
to the Land aleacellor, emplaning that cases have mot been
properly heard by your Honour."
• The FICI.CHANCIILLOR—" Mr.Wetherell, you do not &d-
-aress prorself to the subject with your usual good "rose and
',oilmen', manner. lit order that Counsel may du their
dote to their client,, they most know what is the real diffi-
culty of the case, and address their judgments to that
point."
Mr. WITHRIII.LL---" I will not submit to receive my view
of the case from your Honour. 1 have a right—and will not
be prevented from exercising that rights—tif pursuing any
line of argument which 1 ihiuk uecessary to the Ist is of
my client."
The VICZ-COAMCFLLOR—" I ban pointed out the real
difficulnea of the case, and 1 desire !to it to nppty your at-
tention to what is the real difficulty in the ease, and having
dowe so, I shall do on ibis occasion as 1 do on all other ecru-
iigoa-1,1 Counsel adopt their own course of argument. My
duty is to Oat out the real difficulties of the case. After hav-
ing puisitednut what I conceive to be the real difficulty of the
case, I shall heir with pi what you cousider to be
the right view of the subject."
Mr. Werilmin.t. denied that he haul let fall any thing
which was ingest I,niasily or ineousisteas, and—
The Vica•Cwanc•Lcon--" Mr. Wetherell, I wish you to
gown with the ormwaseti."
Mr. WATHIRELL bowed, still proceeded in his original
cuisine of argument with respect to the construction of the
will, and spoke at considerable length. In conclusion, he
said, that what he had thought it his ditty to submit,
humbly, and he hoped respectfully, to the Court, whether it
had been done well or ill, logically or not, had at least been
I considered sindionsly by him, and it yap no More than