The British Press; or, Morning Literary Advertiser.
London, England, 1818-06-10 00:00:00

LAW IN rE LLIGENCE.

COURT OF CHANCERY, Wartxtmitets,
TUZSDAV, JUNE O.

GORDON T. GORDON.
Sir Sorrtr. ROMILLT moved, that this long Protrneted
rause might be pat in his Lordship'. paper for hearing on
au early day. 11 watt unnecessary fur him then to enter into
the eireanistaneesi of the cur, as they must be fresh in his
Lordship's rccolleetion.—{Our reader* will remember 11141
the ireation towns on the legitimacy or illegitimacy of the
eldest of two hrothri 41—The Learned Counsel said it 11.11
highly necessary 111.1 the cause should be cone-tilled, fir his
-iutortunnte client n so. ro.ifinvd in prison, on account of his
nut giving lip eeriest, deeds, hot which he was now moat
anxious to have cancelled, in conformity with the verdict of
the 'my on the late issue directed by the Court, and which
was tried in the Court of Common Pleas.
Mr. Haar stated, that a new trial was intended to be
moved for, and that the application of his Learned Friend
was premature.
Sir SAMUEL ROMILLT contended that it was sot, as the
notice of motion for a new trial was given .n far hack as
three Terms ago; the first time it was put off on account of
the indisposition of Mr. Serjeanl Best, but the cause of its
being postponed afterwards he was ignorant of. If it was
not convenient for his lordship to hear it, hr had to re.
qurid that it might beset down to he heard immediately be-
fore his Honour the Master of the Rolls, who was ClIIIIVer•
eilld with the facts of the case.
The 1.0111) CHANCELLOR—" I have no objection to hear
it, hut it must come un 111 its turn. I cannot put one suitor
ins better initiation than another. I, however, do nut set
why the Master of the Rails .hound not hear it. Vim Geo.
ileturn at the Bar mnst agree among yourselves as to the
course to be taken."
Sir SAMUEL ROMTLLT—'4 Counsel had better consult
this evritinz with his Honour, and fix the first day which
Colts bis convenience."
Mr. HART 441 d, he thought the convenience of Counsel
ought •lso to hr consulted."
Sir SAMUEL ROMILLY-44 There never was a man at thi•
bar that ever wished or did study the convenience of Ins
brother Barristers, more than I have done; but there has
be-it already too much delay in this cause, oeciutiolied by
accommodation to Counsel, for which reason I will fix with
his Honour to hear it no next Friday."
The Loan CmanceLt.oa—" Let it he so."
The Court was orcupied the remainder of the day in hear.
log motions. of nu interest except to the parties euneerned.

The LORD CDRNI`RLLOR VIII Sit on Smtnrday at Lincoln's
lan, to give judgments.

COURT OF SINGS RENCH. Wrs'means,
TI/VADAY, JUNI 9.

CRIMINA I. I N FORMATION.
THE RING r. TNt SMITHS nit SiOiltilrd Parer.
r. Cilium on a former day, obtainer! a rule tip chew
cause why a eriminal information should not Ire filed against
the Editor of The Stamford Paper, for a libel on the Mar-
quis of Exeter The libel complained of was contained in
a letter, in which the Noble Minipill was set-used with iin.
proper conduct, in usakiNg signs to respectable females in
the streets of Stamford, whilst riding ihiongli the town. and
also with indecent sud insuiural behaviour in the lobby of
the Stamford theatre.

Mr. Gomm' now rose to chew against the role.
Lord Et.tdrieunnoooli inquired, whether the Learned
Counsel hail got IffiailVllS is support of the allegations con-
tained in 7'he Stamford Perpow ?
Ma. Gounvity stated that he had been furnished with se-
vmal affidavits, from respreisble inhabitants of Stamford.
whose mimes he need not mewl ssss whirls folly Imre not the
allea.isions contained in the letter alimieit to They detail-
ed sr Yes, different occasions, on which the Marquis of Ear-
ter, while riding lb gh the town, made signs to respects.
hie females, whirh was highly displeasing to them and their
friends—and they also spoke of one instance in which he
limmied himself peeping into n insistosionalier's alsop„ to the
great ilisetiiiipoisine of the inmates. A Capstans Perry. it
!triprns•til, frrytirutly antis& d I ou these peregrino-
nom.

Mr. CLARKE said, if their Lordships eiviceireil that the
pnbheation complained of was borne out by these awe-
sylvan, he had 'tusking farther to say, and the ink insist
be ilia( barged. His Noble client certainly hail mit hail an
opportunity of contradicting these alliblasits—and, even if
be irid, it was very probable that he would not deny bin
haying ridden through the streets of Stamford—or looked
at sonic of the female inhabilauls—or taco peeped tutu a
dress-maker'' shop.

Lord E . n oitouGH said, the invariable rule of the
.Conrt was, where a party applied, on account of libel, for a
criminal information, and the Defendant, ity,,puutrr.af-
titlavir, &exerted whaile had publibleed us. its
.tare
the Complainant to his remedy 1::„ an appeal to a Jury.
It u le discharged.

GLOVER r. TUC Mtn' tver enIIP.OIIO.
Our readers will recollect, that the Plaintiff in this ease,
the husband of a celebrated actor"... brunet' his met'
against the Defendants, in neuter In est hush his right In re-
ceive his wife's salary. Judgment stuis suffered to if ,1 by de-
fault—and an injunction was taken Is, a.sesa the damage.,
before tile Under-Shea dr of ltliddh sea, a In•n nominal damages
were awarded to the Plaintiff.

On a firmer day Mr. TADDY obtained a rule to *hew
tame why the verdict should nut bret anode, on the ground
of a ntiadireetion, in point of law, by the L'ader-filsetiff, iu
his address to the Jury He was 0.1111.01 to have •aol, that
the money was meritorionsly earned hy Mrs. Gliller—that
she supported her children out of her earniugs—and that the
Plaintiff not having given notice, lung before, that ha meant
to claim his wife's salary, had tacitly assented to the regula-
tion of the Theatre, by which the individual abaultittly f
ployed received the salary--and that, under these citcunt-
stances, nominal damages would he auflietent." Agaiiiat
this Mr. Teddy argued, that, by the law of England, a man
uts entitled to the earnings of hi* a ifs—of that sight he
couhl tint he deprived—and that the verdict of the Jury,
which went virtually to set it aside, could not be sus-
tained

Mr. POLLOCK now shewed cause against the rule. He
produced the affidavit of the Solicitor of the Drfesidants, in
which, amongst other things, it wa. stated, that the case
principally wrist to the Jury on thin around,that the Plain.
tiff had not given due notice to the Managers of Ins iutrut.
In claim his wife's salary, notice having hers, handt ti to some
of the menial servants about the Theatre.

Lord ELLENBOROOON—"The 1;;;;;;(;( due notice would
operate technically against the Plaintiff rernvering any thing
—but it is no answer at all to the right which he claims, in
twin: for the earnings of his wife."
Mr. POLLOCK continued to observe, that the Plaintiff,
knowing the rules of the theatre, anal mot having object' 'I,
tor a long period, to his wife's receiving her salary, did, in
ethyl, agree to the system, on which the stabli.liment was
conducted. li. then proceeded to read the evidence given
before the Vistlee.Slieliff, from part of which it appeared,
that when the Plaintiff's attorney called on 3lr. Peter Moore,
and gave notice, that his rlieut meant to demand the ealaiy
paid to his wife, Mr. Moore saiil—" 31is. Glover is nor la.
hourer—and, by the rules of the theatre, we can only pay
the aalairy to hsr."
laird Etgenennorcift—" Unforinnately, fur the Mana-
gers, the laws of England cannot recognise the right of a
fe.aatr Salt, iu a woman situated as this lady is, int account
of the custom of* theatre."

r . Pumping then pointed nut to the fowl, the awkward
situation in which the Defendants would he place.!, if the
vvrelict MM. dittlithed. It would give hint a right in call
upon shorn to pay a sus Or wieury, which be knew his wife
had pres tously received.
Mr. Justice A 11111OTT ineiniced, whether the Der.ildmits
stood oil the point of not having received due notice. ?
Mr. PoU.teci answered, that they dud not.
Mr. TADDY was about to speak iu smilirort of the role—.
tent was interrupted by the Court, who c.iicrivell It to he
unnecessary.
Mr Ju.tiee AMIOTT said. it was important that the law in
tk'staaeslauakl be known. It gave to the hulibatid the de.