The British Press; or, Morning Literary Advertiser.
London, England, 1818-07-25 00:00:00

LAW INTELLICEIVCE.

COURT OF CHANCERY, lAincosjes.l2l,
FRIDAT, CULT 14.
. .
STACK lued ROLL O. THE DIARQUtI OF HASTINGS,

Ems, and I:L•ItAUE.,
Sir S. RolitlLLe moved., in this cape, on Thurs-
day. which we reported in I hi. Paper yesterday.
Mr. HART, on the same aide, this day lud, he
had no doubt but his Lordship would order the
money to be paid into Court, without prejudice to
any demand the trustees might have on account of
their trust. The Noble Marquis being indebted in
the sum of 404,004. which he had given hoods for,
hr appointed the defendants, Mr. Clarage and Mr.
Feat's, his trusters to receive the profits of his
estates tO liquidate thaw bond debts. The trustees
were not the sole agents of the Noble Marquis, but
the joint agents of him and the creditors. The
trust-deed wan executed in 1813, and the bond cre-
ditors had only re. rived one per cent. iu liquida-
tion of their debt. The deksidant Clarage had
certainly nothing to account for, but the defetidiost
Erato* had, as he was the person who had the pro-
ceeds of the rotates sold. The Learned Couoiel
then went onto the items received by the defendant
Foam', and the sums he had cliaiged as law charges.
He was far from wiihing it to bethought that More
charges were not accurate; brit what he contended
for was, that the deletadant t‘inis had tint a right
to retain ills coals or lave charges out of the trust
fund. He ought to consider ti.r situation he .100,1
in as a trustee, whose actual duty it was to account
fur every farthing of the Irmo money, and if he had
any demand on it afterwards, he might make an
application to go before the Shorter, to have an ac-
count taken of what was due to him ; and more
particularly was it incumbent on the defendant
Evans to pay the money into Court, he had
thought proper to mix with the situation of trustee
his character as a solicitor, on *lnch account he
ought to wish to have his deinstithi inspected by the
Master. Under three consideration*, hr had no
doubt but hie Lordship would order the. 8,5001. to
be timid iitto Court.
Mr. WILLIS followed en the game ride.

Mr. WETHERELL, Counsel for the Defendants,
said, that the present lion was quite contrary to
the rules and practice of the Court, and it was also
culinary to common justice. The Deleindiont, Mr.
Evans, was associated with Mr. Clarage in a truce
to liquidate very large debts, which were due by
the Margin. of Hastings, and it was necessary to
obtain two Acts of Parliament, one for the exchange
of the Noble Marquis's family vacate, for that of
Ins wife's, the Countess of Loudon, which was to be
sold far the payment of the 41111111 ilelttit. The other
Act of Parliament was for the sale of aliother estate,
but which had nothing to do with The oriu•liaolge of
estates. His Learned Friend (Sir S. Ronoilly) did
not think it necessary to go into t'ois statement, nor
would he, only to slew that there must have
been great expense and costs in carrying the Acts
of Parliament and the sales into effect. His learned
friend very properly abstained frond g • g ion the
circumstances, for if he had, tho• sum of 85.00/.
charged by the defendant, Evans, *mold not have
been considered by the Court as a,. improper Nom
considering the nature of the 11114111414 he had to
perform, at the same time they tisk lout to pay the
ruin into Court, nut leoivieog one sholhog in
hand, and without the chance of receiviog a shilling
except the Plaintiffs thought proper to co iiiii wisce
a proceeding in the Master's Office, which was at
their optiots. As to the circuinstanice of Mr. Evans,
the trustee, being a solicitor, no person would have
undertaken the trust that was not a solicitor, at
least no priv-4 !ite gentlemen would have undertaken
it. His learned friends had (ingot that Mr. Evans
had put in an answer to the Plaintiff's' bill, on which
he had sworn that nut only the sum of e,5001. was
due to him, but u much larger sum.
The LORD (.111ANCF.1.1.0R—" Have you any ob.
jecto iiiii Mr. ‘Vroherell, that the bill of particulars
of Mr. Evoinier charges should be delivered to the
Plaintiff., and io the mean time that this Illation
should stand over fur ten slays ?"
Mr. WETHERELL..." No, inc Lord ; bin I beg to
mention that there were two ilectls executed, and M.
Adam, the particular friend of the Noble Maiquis,
with another Gentleman of equal sespeciability,
were by certain clamors appointed arbitrators, as
to the siectssiory expenses, with the power of taxing
Coats."

The I.OaD CIIANCELLOII-" It is a common
thing that a man of busii:ess should be appointed
a trustee in so great a bu►iness a■ this, and it was
perfectly right that arbitrators should have been ap-
pointed, and I will say that it WWI a necessary pre-
caution, at the same time this Court will interfere,
if uecessary, where a person holds the two situations
of trustee and solicitor. However, Mr. %Vetherrn,
we must not 'wets hard ui Gentlemen in these
situations, for 1 am astonished that any Gentleman
could be found to take on himself such a trust."

%Ir. Evaus It war actually forced on me, my
Lord ; I sin now ten thousand pouods out of pocket
on account of it."
The LORD CHANCEI.I.OII" I have no doubt of
it. I would rather it war on thati me. Ltt tlitin
have the account to trio days."

Mr. Evanr—.. That will be impossible. my
Lord, es they did not serve ine with notice of this
mown unt.l after they knew l bed left town."

The LORD CIIANCELLOR" Do it iii • fort-
night, or a. 011011 US you east."
Further consideration postponed.
JUDGMENTS.
HILL v. ot.tvEu and OTHERS.

The LORD CttINc6L4UR It appears to me,
Mr. Roupell, on looking into the papers in this
case, that the only question is, whether I should
have such an affidavit as I have mentioned, that the
Defendants do not know where their another is, or
have taut any concert with her. It is said, Mr.
Bligh, that this question was put to rest when a
former hill was tiled in this Court, and that the
Plaintiei afterwards proceeded in the Ecclesiastical
Court to prove, that the soother of the Defendant.,
Oliver., never had been married to their lather, hut
that the proceedittett were alierwards given up,
and that the Plaintiff allowed the bill hers to be
d.sonissed fur want of prosecution. Then how can
SOU call MI me now to allow that ►uit to be revived?
I think, however, the Defemlions, Olive►., ought
lu snake au affidavit that they du out know where

their mnther iqr for, ilthnoNh they might not he in
tioaerrt with hei when the uill wa, tiled, they might
tiovr."
Mr. Houret.r.-••41 W tl y1)11 r I,ordbltip give UP
Ulllll A1.01111.1V to prodoce the and it *hall
he certilitsly fordo: ttttt tog then?"
The LORD CIIANCELLOK--" CO'Wilily, take
until Mciiiiid)."

AINSWORTTI V. PEAK.
. The Loan CIIANCELLOK—" li► this motion,
Mr. Soli •• -General (which we reported yeeter-
day), I take it that it is a rule of Court. that if the
Defending onyxes un affidavit. that the Plaintiff
may 111,40.11 iu the swine way as an answer. There-
fore, op the Defendant's own melon-vino, I MUM or-
der him to pay the amount of the 11.11, of exchange
into Court. As to the psymetit ulishe 1,500/. into
Court, 1, Anil more difficulty in ordering it, 31.
though the Plaintiff alleged inure than once that
the Deresidasit etimped the goods under the pre-
tence thig he wanted to pay the 1,500/. as Exciee
duties. The Defendant certainly denies this, hut
I think it necessary that he should make a further
affidavit in explonation of ►hta circumstance: when-
ever that is done, I will give you my further opi-
nion.•'

KITTY JENICINPI otherwise RED NO, a _Motor, by
her next Friend, v. Mujor-General SHARPE.

The Loaf) CU A bICELLOR—" ID this case of the
Sent.. lady riot gentleman, Mr. Solicitor-General,
think if they depend on the Lady's retaining,
the flame of Redding, on the license granted by
the Crown, it is a very (inge ttttt s Partin), lit. I
tire in the Act of Pairlianient graattcd to the lady of
Seij.iirt Iltll, there are many curious clauses.
The will of the testator in this case vats, that the
I'lairrtiff should ulitain an Art of Parliament,
if pussible„ to ruble her to change her name.
The difficulty is, whether the Leloslature would
grant such MI Art to dr feat another (•arty, who
would hate a right to take without assuming the
11%11111P. you hoe not been Al.- to Burl any case in
the Iferald's Office, but that a Inch )fluhanded Ines
Mr. Solicitor, and that case does out bear on 1116,
for there it 4101 only the ease if a lady who, after
marriage, for sic specific reason but that of retain-
ing her family name. gut a license from the Crown."
The SoLICITOR-GEN ERA I.—" Leg:slature
li is gra:.ted Acts of Parliament to enable a person
to assume a Horne which excluded others from
estutis which they would be entitled to without
chmigiog their names."
The LORD CHANCELLOR —" Parliament may
have dune Hit, but I ilitok the Parliament of the
present day would deliberate fur a length of time
before it would da so."

NI,. lIIART—" There if A vitae occurred to my
'Mod ; it tr Out of the fatlit r of the late Sir N. V.
Tempest, who Will bequeathed two rotates, with the
promo that lie alsouhl take the names of the testa-
tot%, and he got au Act of Parhatutut to that
effect."

The SOLICITOR-GENERAL—" I see the diffi-
culty your Lordship is under, and will tint press
for a decision ; 1 only beg leave to observe, that
my ebetit, Major-General Sharpe, is not anxious
as to the PI/lista-I's change of mune, as hie fortune
is touch larger than hems; and lOM ItiltrUCled by
him to sit), that his intention in :orating this coil-
nrximmo was never influenced by the circumstance
of the Lady's fortune. I will look into that case
twomtiormed, Mr. Hart, 411111 also *emelt the Herald's
()int..., to see if Ili. re is any prreellrnt ; anti if 1
should find any, I shall take the liberty of men-
tioning the marst ion ugi in to lour Lordship; and
if the parties are determined to carry the marriage
into ff. et, they must take the risk on themselves."
The LOUD CHANCEI.I.Ok—ss I have no doubt
but eves), ti gis oust fair and ho 11111 l rable in the
intm-Nded marriage, as it relates In both sides; but
if I an, called on fur my judicial opini 1111 l sitting
where I do, I toast give it according to the actual
surlily of the east : and I may say further, accord-
ing to the law of the case, 1 ant sure, Mr. Soli-
citor, ytto can give the patties better advice than 1
can sitting here."

IRELAND.

DUMAN. JULY 21.
We have to congratulate the Friend. cif Liberty
unthe rerlabe insesispis tha.t awrita the Catinnonera

in Wextostl. From the state of the Pulls it ap.
prole, that tl.e interests of the LOUDS were
C pletely dry. Our account conies down to Sa-
turday, slid f its complexion, we expect, before
we go to prem., or at least in w Second Edition, to
amiosince the defeat of the Ari•tocrane pretens ))))) s,
and the oval Uiumph of Laterality, and the Peo-
ple.
While writing, we have receieed ass account of
the Pull up to two o'clock )esteiday, mid our
reader. will paititioiste in the plrastne with which
we hare peru►ed it :

Carew
Culclough

There were in ‘Vexhird, on Nlosidny, two hun-
dred voters for the Conituoners.—( Dollin Even-
ing Post.)

Estrieei of a letter from Wexford, dated July
20. 1818:—" Above you have the unite of the
pull on Saturday. We ore now polling Mr. Circles
triunity frau' the homily of Bailor). The Lords
how hot it moo to poll, the town joy—sio
doubt of Carew and Colelougli coming no. My
next will, l expect, give you an account of the
chairing."

COUNTY GA I.WAY—rowtrmiTn DAY.
FRIDAY, JULY 17.

J. Daly 3,7:50 Colour, Maotio .... 1,942
D. D. Daly

DROSS POLL-1111/TEFUTII DAY.
SATURDAY, JULY 114

• - _
J. Daly 4,093 Colour! Marlin...—. 2,132
ID. 13. Daly 2,281

CITY OF LIMERICK—SATUROM .Ivo.y
%Welter
Rift