The British Press; or, Morning Literary Advertiser.
London, England, 1825-11-26 00:00:00

COURT OF

CAUSES T
etlley and another v. SO ani

LAW INTELLIOIfNCEs

COURT OF CHANCERY, Farpsi., Net. U.

DELAYS IN CHANCERY.
COLEMAN V. 11.3411118i11. •••
When the Lord lahaticeilor came into Omni this morning, ah
elderly gentleman, whose name we could not ascertain, came for,
ward, and said_" My Lord, I have been itedtmed to great mitre?, '
by the delays in the Conrt of Chancery. • The Suit which I tote
anxious to have brought to a conclusion is an appeal from an or •
or the Vice-Chancellor, made in favour of meand the other cried
dittos in the cape of Coleman and Smithies. The Yice•Chancellot
decided in favour of us, and still the matter is not concluded." "t
The Loan CIIANCELLOR-1 shall give judginent in it on Weis
day se'nnight.
The Gentleman again addressing his Lordshipsaida.".My Dorda
you can't imagine what I have suffered from the delay. l'ottett
creditor for no less a surnthan thirty-two thousand pounds. lam
now, my Lord, an aged man—over 70 years. I have aeventeeoh
and six grandchildren, I can't expect to continue lung itt
this world, and am anxious, my Lord, to arrange my affairs, but
can't do so in consequence of this delay." •
The Loon CHANCELLOR—III do all I can to twist you in
making this arrangement.
Mr. HART—Perhaps your Lortlabip means :to give judgment
this day week.
The LORD CHAROZt.cott, addressing the applicant, said. Sir,
on this day week VII give judgment, and let that he understond.
After a lapse of some nominee and whilst Counsel was address..
ing him on another topic, Ibis Lordship said—" It's a curious co.
cumstance ; I now remember that I gave judgment in this case six.
months ago—how does this happen ? I perfectly recollect that in
bosh cases, which involved the same question, I gave judgment.
I feel much for myself, and that poor man.
Mr. II Ali T—lt may be that your Lordship directed soinethirg
to be tried by way of an issue.
The Lone UIIA,SICEL.I.OR--0. I mentiened the cases two or
three times in Coon, anti was as sure that they were over as that I.
was in existence; it is, however, fair to say, that after some coma+
deration, the impression on my mind now is, that I declared my
opinion, desiring at the same time that the minutes may be melts
up with the view of carrying the judgment into i*Ectitr . `''.. "*"
Mr. floßNE—l'erhaps yoireLordship would send to the gegielatt
who was present on the *evasion. to ask bim &boat the matter.
The Loan Cllatrottamit—To avoid all mistakes, I will go
over the entire matter again on Friday. 1 don't even and this
cause amonget those standing for judgment. Mr. Walkerapoy ie.
forms me mat I gave tinel judgment, but that, as I said befell'( , 1
promised to settle the minutes. I think it would he a greasettn.
provement to get bask to the old practice of counsel's praytatrelld
' mince e before the cause went out of Court.
The conversation was here dropped, and the 'gentleman that _fed
his Lordship and retired.
a ~.
tat THE MATTER OF SUS.VOTAH ADAMS. A WARD or C 01711%
In this case an injunction had been granted by the Court a tea
days back to restrain Mr. %Vella from communicating, direcdir pr
indirectly. with the ward. "I'" •
Mr. ROOTS to.day said, that he had received a brief on the part
' of Mr. Wells, with notice to attend in the Vice-Chtuteellor's Court
on the Ifith instant, tied that he accordingly attended here on that
day. After great difficulty he discovered that ?tilt. Ching wan
Counsel on the other side, and also heard that he was .sioilfFetrio
be unable to come into Court to mate the motion. Shortly afire
that, lie had a conference with his client, who, it then appeared to
him, wee an isolated young man living in London, at theedliounte
of nearly seventy miles from his family, and consequently without
a single individual to advise him. (Jotter these circumstances, Mr.
Roots said, he intended, when motion cane on, to-apply Await
might be postponed, in order that lie might be ssitisteti by thi 10-
vice of the young gentleman's father, and also have the benefit of
his affidavits, and those of the other parsons sought to be implicated
in the order of Court. At the tame time, he told his client that It a
best rotirse was to anticipate what he felt must be his Lordship's
view of the ease. iVith this intention he bade him take his brief
to Mr. Ellis, solicitor for the opposite party, and tell him that ho
was ready to do all that the Court could order him. His clien*, in •
consequence of this advice, called at Mr. F.llis's office, and was rola
that Mr. Ellis was otit of town. He coiled there again, and the
same tale of the solicitor's absence was repeated to him ; though,
in fact, Mr. Ellie was all this while at home. TN Learned Ceuta.
set said that he heard no more of the matter till he was surprised at
learning that Mr Ching applied to his Lordship and obtained the
injunction, though notice of the motion had been given In the
other Court. Ile did not mean to impugn the deeirsi in of the Coat',
but felt confident that his Lordship, from his welt. known joiticet
and kindness of feeling, would permit him to meation the feels
connected with the carte on behalf of the pervons itoncerned I t the
injunction. If lie had known that the motion was coming or. he
would have sought to procure *postponement 'al be heard iticeethke
dent's father, for his client was an infant as well as the ward, s4d
therefore he believed there would be no great danger (wan thedeLY,
nor any likelihood that the parries would marry in the Uttered.
Since that he received the father's afffilatit, which repoiledaoalth
indignation, the imputations cast on hint. Front this alliclant jt
appeared that the father was a gentlemais of' reepeetatriti `b(considerable practice in his profeselon ; that It e we; • •
himself with his son's courtship, or said (as wasimpot4 to hartsar
the oppoeite side on mere hearsay evidence)that Ms toddimldartithy
the ward before a year elapsed. Ile disclaimed, in strocg j'aTS:, aft
3r
intention to contravene the Order of the Court, and stated that It
would be most grateful to hie feelings not to have the hefortetiaa
so issue as to convey a censure on him. He was impetus to have
his character reelected. and that no stigma should be fixed on It he'
these proceedings. He admitted that his son had nothing but his
profession at present to look to, and therefore felt that hie berdship
rru!d net, consistently with that regard which he always paid to the
interests of a ward of Court. permit a marriage to take place. The
Learned Gentleman said he was ex sanely sorry that the applies •
Son had been made, as accounts had gone abroad tasting a slut on
the parties for whom he appeared. Had a little time been allowed
them every thing that his Lordship could wish would have been
dune by n insane arrangement, and lie therefore trusted hie Lord.
ship would allow them to go out of Court without the hnputatlon or
being intitienced by any improper motives.
Mr. CH's& admitted that he was extremely 111, as hod item
stated by hie learned friend. He was so ill as not to be in a state
to appear in Court, and therefore the matter stood over. lie could
not, however, admit that he had been guilty of a want of courtesy
in the mode of malting the motion, as it was an Cr perte applica.
tion, and might, therefore, be made without notice to the opposite
party ; but, in tact, his clerk called at Mr. Ramie chamber?, to In_
farm him of hit intention to bring the matter on in this Court, era
was told by Mr. Iloote's clerk that his brief had been returned. His
now appealed to his Lordship whether he stated any thing when
making the applicatiou but what appeared in the affidavit on which
qit was ounded.

Thelown CHAXCELI.OI4.4 hope it is remembered that no
reflection was made by me on any of the parties. I siii.ply slated,
that as long as the young lady was a ward of (~:urt, liIJ could not
be allowed to marry without its consent.