The British Press; or, Morning Literary Advertiser.
London, England, 1825-11-03 00:00:00

LAW INTELLIGFNcE.

COURT OF CLIANCERY, Wgotrosoow, Now. I.
MOORE v. MOIRE.
The SOLICITOR-GENERAL stated, that this win A petition for
the
peewee of obtaining an order to appoint guardians over two
htichou ; and be had at present to pray, that service of the
maroons on Mr. Moen'. (the father of the children,) solicitor,
might be considered good service, and that the petition mightbz
Word on the first day or term. The circumstances under whscb
Mid woo Joked were, that the father was in prison, that he had Ap-
plied fee an habeas corpus to be brought up on the seceiki 'day
of term. to pray for his discharge, and that Mr. Sleffatt, bra
•eniicitur, had refused to inform the petitioner where he might
b found, the petitioner being ignorant of where Mr. Moore was.
Ile. Moos t wished to• know whether notice of this application
bad been given, because Mr. Montt (whose respectability no
person erald doubt), huh left a retainer with him last night, and
yet he wee not instructed to appear this morning.
Bor.vcre ot-Eitir tam. said, Thr. ►Moffitt had most dis.
tinkly refined, last night, to say where hiallient was.
The Loan CHANCELLOR desired the Bolicitor.Gererars client
to apply Again to the solicitor who had applied for the habeas,
and if he could not. or still refused to give information ea to
where his client might be foand, then to take the order now
rayed-
SMITH IN THE MATTER or SHEATH, A

WELLMAN r. BOWRINO.
This was an appeal frost a judgment delivered by the Vice-
Chancellor.
In the opening of the petition and evidence (which run toe great
length), it appeared to the Court that certain important pima of
evidynce were not forthcoming. With a *view to get over this ob-
jection, some of the Counsel said they were not instructed, nor did
they with, to take any technical objection--reeheta said that certain
tbingi 'Fere admitted.
The Loan CitAIVCVLLOR protested against such a practice. It
appeared that every tart of regular practice was getting turned
topsy-tutty for want of due care on the part of those whose duty
it west() be easeful that regularity was attended to, and all acces-
sary evidence ready to be produced at the hearing of every mattes
er cause. He niedged himself that he would not leave the Coln
with all the rides broken, which had been laid down by some'
the ablest men that ever lived. For all the inconvenience attending'
such an evil, the Court, which had nothing on earth to do with ik
was blanieet It was not to be forgotten, but well worthy of being
remembered. that the case of Johnson v. Ledger was argued
great leegtit betote one of the most upright and ablest Judges that
sew sat on a Bench (Sir William Grant), who gave one of the most
elaborate judgni?nts in it that ewer was delivered. In that judg-
ment he cror-ostil his conviction that the opinion of the Court of
King's Beech ei•,ht, certainly, to be taken ; the care went there,
add another king and most elaborate judgment was pronounced
upon it.' It afterward' went before the Vice-Chancellor, and who
*voids judgment on it that did him high honour. 'The parties in it,
however, wishing to have as many opinions as they could get, sub-
. neryeendy brought it here, in the shape of an appeal, which, after
• bong argued on all side', he (his Lordship) put it to the Attorney-
General to pay, upon looking into some papers, whether the WI
ought not to have been dismissed in five minutes after the filing ter
it, before even Is had got half way through the bar of one Court,
and that he might take eight days to consider it. After the papers
his Lordship alluded to had•been looked at and considered by the
bar, it was their unanimous opinion that the bill ought at the very
drat to have been dismissed, and accordingly that was its final fate.
Mr. Swam, la. well remembered the case, had also, that he
himself was the Counsel who drew the bill, which he did under the
nettled conviction that it never could be supported.
• The Loon CHANCELLOR said, there was another case, (a
family one) that also came here upon an appeal, in which, at the
very first view, he said he felt convinced that upon looking at the
marriage millet-tent the question never could be raised which had
been raised. Nobody. however, would believe a word he said upon
bit nest witnessing that, but he looked into the settlement, and
found the very clause which, beyond all doubt, at once shut out the
question. Notwithstanding all this, and many other instances of a
similar nature, the looking into the necessary papers was considered
by illiberal persons mere waste of time, and heaps of calumny were
thrown upon the Judge sitting here, for doing that which was, be.
yond all doubt, for the safety of suitors and the pabiic, his bounden
duty.
Ills LORD/SHP, after these unanswerebleobservatione, permitted
Counad to proceed in their arguments, upon their undertaking that
tho whole of their tackle should be made right and perfected, be.
fere they left the case In the hands of the COMM

VICE-CHANCELLOR'S COURT, WZDNEDSDAY. Nov. 2.

I! i . Honour the Vict-ettawcaLcost took his seat on the bench
M half-past ten, when the following case was called on.

SIDWAriDS V. HARRISON, CHAMBILKLAYW, AND TILE BANK OF

ENGLAND.
This was a bill Med by the plaintiff, praying that the defendants
sleight be directed to transfer, for the benefit of plaintiff and her
children, a sum of 4,0001. comets, which had stood In the name of
the defendants, Harris and Chtmberlayn, as trustees of Mrs. Ed.
wards and her children, end which was sold out under a forged
pliesr of attorney. T 8 this the Bank of England entered a de-
murrer.
TEESLOVE was fbr the- plistif. and Mr. HORNE Sup-
ported the demurrer.
The pleadings having been read,
The Vice-Citaxcks,roa.—l perceive that this ease hi one of
very considerable importance ; all I could do in it would be to place
the plaintiff in a way of obtaining relief, by directing her to bring
her action at law against the Bank. This could be done in the
names of the two defendants who were the trustees of the pro-
paty, they granting their permission to the plaintiff so to do.
If this coarse were adopted, ereahooht then have the opinion of
court of law as to whether the action would or-would not he.
Tsteshowg.—We could not on our side feel any objection
•to adopting that course ot proeceding, but the question has shindy
bee., deeiled by the Court of Common Pleas. It held, that an
action was maintainable on simile: grounds, and therefore there isr
'smiling to try.
TheNrcit-Cnaucem.on.-1 don't recollect the decision you
allude to.
Mr. TIESLOVE.—It took place in the ease of Davis v. the Bank
ot'England, which is to be found in Bin ham's Reports, vol. ll.'
Tke is as follows. Davis, the pLeintiff, wee entitled to a tea
of 10,8001. 3 per cent Consols, and his brother John sold out
-the stock on lith October 1819, under a forged power of littoral.
In sir days after (the 12th October), he sold out the remaining
6,0201. under a similar Instrumeni, which was also counterfeit. PI
`the 54- March, In the following year, John Davis-was appreh
no a distinct charge Of forgery. While to prison, he admitted,
discourse of a coriversatioa with his brother, that he had fra
lardy aild out the stock in question. The prisoner, Davis, effected-1
hey ascape from the Compter on the .7th April, and on the 3161
September hit brother applied at the Bank of England for payment!
'tit fits dividends on the stock fraudulently disposed of. Now, thW
cap eras almost a parallel one with the present—the only material
Id+lfonnee being in favour of the plaintiff now before the Court. nil
the former Davis had concealed from the Bank the knowledge
berms 6 ' his brother's guilt for a space of upwards
feemths. in that 'fleetest dividends had fallen due bet were state
thane& try Dews: and in consequence of the conegilleeset. the,
'Bulk of Boglind lost the opportatuty of proceeding wino Athol
Mho for-forgery. The use bas been argued twice eltqwin
qtticuon Pleas, and the ^ was of dgirlide_thest Ilisdliffion
ings, maintainable for tount
log_theplentiff's cone,
”se Vica-Calitu

Hi liewoara
xr Hoass—The ea
locbe said to be
Mss Waxen, and is at
Vv. Talmo, —T

*et of Devil v. the
ettth evilest to the I
oertotd.

Imps BRAT, Wtsy
irDNESDAT, Nov. 2. •
Lisa! r. CAPT. RICITARDBONC
error on a judgment in the Common Pleas,
the defendant in error, it appeared, had been
called the Minerva in the service of the
This vessel at that time was the property of
Co. Mr. Mellish, who was about purchas-
red into a contract with Captain Richardson,
consent of the Directors of the East India Com-
the command of the Marquis of Ely, another
property of Mr. Mellish, and that he should
Minerva to a Captain Mills. Mr. Mellish did
of the Minerva and refused to complete his con_
Richardson, who, in consequence, brought an
Men was tried in the Common Pleas, and a
_ plaintiff, with 7,'250/. limager. Judgment
verdict, oil which Mr. Mellish brought a writ of
ow argued.
for the plaintiff in error, contended
'don to support the contract ;
.n which could be alleged, was there.
command of the Minerva, wjich he argued was is,
at all, nor could be, from the relative situation of ts
parties at the time of the contract. But, secondly, if there was any
consideration, then this contract would come tinder the statute of
49 Deo. 111. against the " selling and brokerage of
_public offices,"
Ile cited various authorities to show that the Lain India Company
was " a limb of the State," and that the cOmmaml of ah East
Indiaman was " apublic trust," and, consequently, that such
command could net he the subject of " a trafficking ;" and that,
in the present Instance there was a trafficking Om, in the agreeing
for a consideration to resign the command of the Minerva ; and
again, io the contract to resume that command in the event of a
certain contlngeny ; and, that by the statute both contracts were
void.

, that

Mr. CAMPBELL, for the defendant, Capt. Richardson, eon-
tended, first, that in relinquishing the command of the .Minerva,
hls client had given a good and valid consideration to support the
contract, to escape from the other born of Sergeant Tacitly's di.
lema, he contended, that the East India Company was not a publi:
company, within the statute, against the sale of public offices. It
was no more a " limb of the state " than any other company
which hail sprung up within the last twelve months. Though the
East India Company might be monarchs in the East, they were
only grocers here.—dealers (in a large way to be sure) in tea, sugar,
and spices. If the commanders of their ships were charged with
" a public trust," for the same reason the offices of steward, cook,
&c. must be public trusts. Ile assimilated the commander of an
East Indiaman to a waggoner from the Company's Docks et
Illackwall : he could see no difference between the two: if the one
was a public office, No also must the other be. There could be
nothing illegal, surely, in accepting compensation for resigning his
command. Ladies formerly we-.e to the habit of receiving a sum of
money from their footmen for the card money—so, at the present
day, waiting maids at inns were in the habit of paying a sum of
money for their places, instead of receiving any wages • and he
bad beard evenof great Lords who had accepted a gratuity for allow-
ing the privilege of showing their pleasure grounds to strangers.
For these reasons, he prayed the Court to affirm the judgment
below.
31r. Sergeant TADDY replied.
The Loan ClisEir Jtravice—This case has been very well
slued on both sides. We will consider of our judgment.
this argument occupied all the morning, anti the Court rose at
the conclosion of it. Ihe Lord Chief Justice, whose state of health
is at present, we sincerely regret to say, very indifferent, had
evidently gone through the business of the day with much difficulty
and In great bodily suffering.

COURT OF COMMON PLEAS, WEDNESDAY, NoY.'2.
London Sittings before Lord Chief Justice BEST and Cowmen
Juries.
MAYOR, ASSIGNEE OF WILLIAM HENRY PAYNE (A BANK-
RUPT), V. JOHN PAYNE.
Mr. McioDY opened the pleadings. The plaintiff; Mr. John
flavor, was assignee of William Henry Payne, a bankrupt, and
the action was for goods sold and delivered to Mr. John Payne, the
defendant, who had pleaded first, the general issue; and, se.
fondly, a release before the the bankruptcy ; to which the plaintiff
had replied that the release was after the bankruptcy, and upon
that issue was joined.
Mr. Sergeant SPANNIE stated the case to. the Jury. This was
an action brought by the assignee of one brother against another,
for goods sold and delivered. Mr. Wni. Henry Payne was a very
ingenious man, and possessed great talents. He had embarked
somewhat largely in literary pursuits. Among the various publi-
cations which he had brought forfh was one called the "History of
Royal Residences." For the purpose of rendering it more gene.
rally useful, he had, at a very considerable expense, called in the
aid of the Fine Arts, and had engaged the first artists of the day to
illustrate this very splendid work, which was got up by that gen-
denten in the highest style of execution, and was published by him
in parts at the price of one guinea each. Mr. John Payne, who
was a brother of the bankrupt, and a gentleman of sonic property,
had, slither for the purpose of serving his brother, or, else to
please his own taste, become a subscriber for the work, and
tad teceired anneal of the panthers at the various periods
when they came forth, but with what view it would be for himself
to say, since be now sought to avail himself of some conundrum
of law, to avoid the contract he had entered into as a subscriber,
and to withhold the payment of the money which was Justly due to
his brother's estate, bar the several numbers of the work which had
been delivered to him. That this was his intention was obvious,
from the fact of his having first of all obtained a release from
his brother, and then having pleaded it to the preser.t action. But
he shoold be able most satisfactorily to convince the Jury that this
release was altogether invalid, the fact being, that instead of its
basing been execute! by Mr. W. H. Payne. previously to h's
bankruptcy, it was not executed until a considerable period subse-
quent to that event. There was one circumstance which gave the
defence that was now attempted to be set up a most suspicious
aspect, which w, that the defendant, at the very time when this
release wee,
was obtained, was cognisant of the fact of his brother
having committed an act of bankruptcy. He did net wish to ins-
pute any dishonest motive to the defendant, but it certainly was
Avery strange proceeding ; for at the period when this release was
ven, and for some nine previous, Mr. W. H. Payne had beets a'
prisoner within the rules of the Fleet. For what purpose such a
release was given was a question that would no doubt
very naturally arise its the minds of the Jury: but he would
explain to them the circumatances that occasioned it. The stay
was shortly this :—Mr. W. H Payne had lately had a sister ii
and under whose will he became entitled to a legacy. We;
defendant was appointed sole executor of this will, and Mercies"'
became responsible to his brother for the amount of the bequeit
made to him out of the testatrix's effects. Now as the bankrupt
was much embarrassed, it was a matter of considerable importance
to bins that Its should be paid this legacy as soon as possiblo;
with a view therefore of obtaining the money iturnediately,'lns wool
prevaileoupon by his brother to give this release, which it woad te
and by be seen waa not a release of the specific debt now claimed),
but a general release. This literary geodesist:l (the bankrupt) not
having any immediate mums from the sale of the work (time be-
ing tequisate for that purpose, as the Jury well knew) was obliged
engagement/. for the purpose of carry.
sr payments to the engravers and other
illustrate it. These engagements on-
: of embarrassment, and for the put.
n the immediate pressure which this
occasioned, he (what under such circuata
-t km him to du) formal a partnership
sed more money than himself, though
Spankic) the party was somewhat
to be Connected with, being pa °thief
lartin'sdatu, pawnbroker, the ratio"
' very well to assimilate with that of

BANKRUPT. Case; but as it isr not
Mr. hloirrano said, this was the matter relating to the great course. With regard i
. failure of some Lincolnshire end Lancashire banking.houses, a England, I think it Imi
few years ago, which was under discussion 'on the tilt day his therefore overrule it.
Lordship at in his room. In it a very important point of law re. Mr. Holum then fll2
stained to he discussed, but as Mr. Heald was on one ride.* was lowed a month to enable
. .Ssot deemed reasonable to press for a decision then, until an hppor_ the plaintiff, which was
had been given to that gentleman of belneheirßl at the
re of the Coact again. 'l' he oklsot of its awe Pegg weds COURT OF RI
to hes that as early day aright he appointed for its Wi
. disposed of.
mgr. I/ nein could not lay exactly., but meekest% liltneent MET I.ls
gostfidently, that his clients bed no wish whatever di tie heard- n. This wise writ of err,
Re remembered the case perfectly well, became ihtkpiestiad llbb It after verdict.
.110 a one to be considensd tinder Sietisproel ltoftilty's Act, abd was Capt. Richardson, th,
very fully argued trona Ririe years ago, when he, .Ipituideldp Rats the-Captain ot a vessel,
ready to have given judgment, but dist Mr. Illontagu, feeling the East India Company. '
thipg press hard against his clients, asked that it might stand over. Smith, Tirnbrelf„ and
The question was, whether a creditor who claimed to prove tier U. its( this vessel, entered
MM. creditor, had complied with the act ;er whether he wan sot by which, with the con,
discharged in consequence of having made some arreagenseett 7 ray, he was to take thi
Mr. MORT AGU said be had no inclination to ask for farther Me, Last Indiaman„ the pro
mission, tibiae the other side wished it ; and as Mr. Heald seemed gift up that of the Min
not to desire it;.„11 he hod now to entreat was, for the favour of the bac:cane the owner of the
Chart's judgment as early as his Lordship could Had it convenient tract with Capt. Riche
toTtosoonce.t. action against him, whi
The LOB D CIIANC r.1.1.nR had no Otlioll to dispose of it at ?Indict found foe the pl
oats; ; but a great deal was said about this partnership in the alt. was given on this verdic
since of Mr. Heald, and at a time when he was Laying himself error, which was now ark
about a partnership of another nature (his' recent marriage), he Sergeant TABBY', for
thought It would not be amiss for that gentleman just to take the there was nctsonslderatii
opinion of his clients again, whether they really did or did not wish tette of a consideration
Nat any thing more should he stated from the bar. meat of the command of
Mr. HEALD consented, and so the matter is at present suspended. sideration at all, nor o
ristrii.e et filo tirna nf 01.

the Court was of opiaon that the action was to eater into very eipenWileel;
for the amount of the dividends, notwithstood. mg it on, and making regular
icealmeot of his brother's fraud. artists thataere employed to iii
si.t.on—ffaud me up the report. avoidably led his, into a state o
leg read the case through. poisrofyrlivving himself from
e ease of Davis 0. the Bank of England can. espensive undertaking oeewiir
se a decided one, because a word of error has stances it was very natural fa
at present pendin in the Beast of Lords. nab a paten who possessed
.The present CAW Is donsideroblretronger than to him (Mr. Sergeant Spa
Bank. Here there ',as beets no coseesiosent an odd one for a literary man to
forgery, which was announced as soon as Ws- than a Ur. A. Day, of St. Alai
of whose busioess did not stun

v.. palm ; aha his brother Vaughan would 61