The British Press; or, Morning Literary Advertiser.
London, England, 1820-01-18 00:00:00

LAW 111 ri LLIVINCE.

COkIRIP OP CHANCERY, laitcoure 11,11,
11101101114 i41111,111111r 17. •

LORD CARTIIIOORT AND THIL HON. AND REV. N.
PROSY, in the shatter of LORD Peony, a Lunatic.
Mr. Ptstwoioae requested that his L•rdihip
would allow this petition to be put in the !mimic.
paper of petitions, so as that it might come on to
be heard oo an early day. He made this request,
although lie was aware it was contrary to the rou-
tine business of the Court, on the ground that it
would rn.cropy very little of his Lordship's time, arid
it was of the greatest importance to the estate of
the lunatic.
The Loan CttixcaLLol—'• If the granting of
the prayer of the petition is only • mere matter of
course, and not opposed, you may as well open the
petition now."
Mr. PHIL:AMORE then stated. that it was the pe-
tition of the lion. and Rev. H. Proby. the com-
mittee of the 'oolitic, praying that the Master's
report might be confirmed. It was sent to the
Master to inquire and report whether it would not
be for the benefit of the lunatic, that certain estates
belorignig to him should be let, and who would be
a proper truant ? The Master had reported that it
would be for the benefit of the lunatic that the
estates should be let to Lord Carysfort—eand his
Lordship had joined in the pryer of the petition,
that the Master's report might be confirmed.
The LORD CHANCELLOR—" Let it be so."
Prayer of the petition granted.
SAMUEL Dios AND OTHERS b. I. H. ECCLES AID
ANOTHER.
Mr. HART moved to dissolve an injunction
granted in this case, to restrain the Defeatism's
from entering up judgment on the verdict of •
Jury. The circumstances were, that the Plaintiff's
had been in the habit of accepting hills as capon-
ogre in trade, but afterwards one of the arm ac-
cepted the hills, mid released the other partners
from their responsibility to make good the pay-
ment. One of these bills had come into the pos-
session of tile Defendants, and they brought their
action in the Court of King's Bench to recover the
amount of the acceptance against the whole of the
partner,. and on the trial at Nisi Pries. the Lord
Chief Justice, after hearing Counsel on both sides,
gave it as his opinion on the how of the case, that it
was a settled point when such a transaction took
piece between partners, and a release was given by
one partner to the other. that it did not exempt the
partner released from the coneequences of the acts
of the other partner, and the Jure returned • ver.
diet accordingly, fur the Plaintiff's et letv and the
Defendants in equity. The Defendants afterwards
applied to the Court of King's Bench to set aside
the verdict of the Jury. and to grant a new trial,
which the full Court refused, as they agreed that
the decision of the Lord Chief Justice, delivered at
Nisi P•iisq was correct, and therefore conclusive.
He (the Learued Comisel) contended that this was
sufficient ground for his Lordship to dissolve the
injunction.
The Loan CHANCELLOR—" When this case
was mentioned to me tot Saturday, I expressed my
wish lobe furni•hrd with • report of what occurred
in the Court of King's Bench at Nisi P►iat when
the Lord Chief Justice gave his decision as tp the
law of the case, which was afterwards confirmed by
the other Judges of that Court. My wish for haw.
ing it is, that I think it would be of great advan-
tage to mein foramen; my judgment on this eerie. to
know on what grounds the Learned Judger in the
Court below came to the decision they did. I am
well aware that since I practised iii the Courts be-
low that many monis of law have Ism shered ;
then how is it expected that I real give my judg-
ment on a point of law without knowing the reason
why the Law Judges came to their decision ?"
Mr. Homes, Counsel for the Plaintiffs the De-
fend int., at law, said he held in his hand the brief
wl►ich Mr, Searlirtt held at die trial at Aki
as the Counsel for his client'', and he found that
the Learned Counsel had made the following note
on the Inlet :—Thai the Lord Chief Justice had
stopped the case before it came to the Jury. and
reserved some points for the emissderation of the
Judges in full Court.
Mr. HART said this cool(' not be the awe, as the
Chief Justice had not reserved any points of law,
but had give!) his opinion on them, which rise con-
01171Cd by the other Judges ou a motion for a new
Trial.
The Loon CHANCELLOR—'' It is to this fact I
want the informatiou."
Mr. HORSE paid he would mirk, inquiry,. and
let his fordship► know what hod actually taken
place before the Judges in the Court below.
Mr. HART said his clients did not wish to give
anti unsieceseery trouble to the Defendants at law,
but as his clients were entitled to execution at law,
he could not see why they should be prevented of
availing themselves of the benefit of it.
The Lou, Cavanciumit—., Let the motion
stand over mold I ass► mile acquainted with what
pawed in the Court below."—Further consideration
postpoNfj.' •
Ilrl 11-114 /14771311 OF BINGI.EY FREE RCUOOL.
THE ATTORNEY•PRNRRAL v. THE
H•RELIT.
Courtrai were further heard in this case (the cir-
cumstances of which we have already reported)
until iiiree o'clock, when the Lord Chancellor rose.