The National Register.
London, England, 1822-05-12 00:00:00

CHURCH AND OTHERS U. /ISURR•T.

Mr. Rotch, in the last term, obtained a rule, calling on
Mr. Charles Murray, (the well known Secretary and So•
liritor to the Constitutional Association) to skew cause
why lie should not pay over certain monies to Mr. Dirk.
cowing, after deducting his own charges, deliver up docu-
ments in his possession, and answer the matter imputed
to kiln by the applicants. He obtained this rule on alli•
davits alleging that Mr. Murray had been Employed on
behalf of the owners of an American vessel, called the
Algemork, many years ago, to prosecute an appeal from
• sentence of capture against that vessel at Barbadoes,
in the High Court of Admiralty in England; that lie had
succeeded in procuring a reversal of the sentence; that
several thousand pounds had been paid to him out of that
Court, fur which lie had never accounted; and that lie
had evaded interviews, by neglecting, to answer letters,
and by breaking appointments, when he had been forced
to accede to them by accidentally meeting the agents of
the parties in London.
Against this tide the Solieitor-Genetal now showed
cause, and stated that the rule had been obtained upon
affidavit, which set forth that Mr. Murray, during the
late war, was employed to prosecute claims for persons
iu America, and, through the Admiralty Cuutt, he re.

THE NATIONAL REGISTER

ceived sums to a considerable moonlit. He was employed
in 1809 to conduct an appeal against the decision of the
Vice-Admiralty Court of Rarbadoes.
The Lord Chief Jostlee here interrupted the Solicitor
General, by saying—Cannot this be put in any satisfactory
train of inquiry?
Solicitor General.—l apprehend, my Lord, there is no
ground to sustain an applicaiicn. In the present snm-
mary mode of proceeding, the facts moist be stated in
affidavits, and supported by legal documents. Mr. Dick-
enson is a person proceeding here as the agent of mer.
chants In America, who have sent over a power of attor-
ney; but it is not sworn this power of attorney is signed
by the parties.
The Lord Chief Justice.—Your objection is this a—The
application is f led upon a power of attorney, to which
foreigners are parties, and you say that power of attorney
is not properly brought before the Court. What is the
mode by which it is proved to be a power given by the
parties ?
Solicitor General.—lt is simply executed by the parties
before a notary, and attested by the British Consul In
America.

ChiefJustice.—The question is, whether the Court can
receive this.
Mr. Rotcll.—My Lord, there is the nototial seal.—lt is
the usual mode of verification.

Chief Justice.—lt is oot the usual mode of proof in
this Court.

Mr. Notch then applied to have the ride enlarged.
The Solicitor General said, he had only stated one ob-
jection; be had others to make.
The Lord Chief Justice.—The rule must be dls.charged.
The Solicitor General.—Wltli costs?
The Lord Chief JilAtiCe.—No, never, on such an ob
jection as this.—(A laugh.)
Judge Bayley.—You may waive this objection if you
please.
Solicitor General,—His Lordship is going to Guildhall,
and I have not time.—Role discharged.

TISK /LING V. W. HOLDEN.

Sergeant Cross olitnineil a rule to allow the defendant to
give bail at Manchester, where he had been committed
on a ehorge of manslaughter. The defendant was engaged
iu all affray, doting which he gave one of the persons in
the mob a Lancashire kick in the stomach, which occa-
sioned his death.

The Conrt, in the affidavit, saw nothing to warrant their
interference.

THE SING V. HARPICR.

On the motion of Mr. Pearson, a poor widow woman,
named Elizabeth Harper, appeared in Court, having been
brought up from Hetefurd gaol, to obtain her discharge.
She had been committed fur inability to pay 61. by the
magistrates acting under the provisions of the lit of Geo.
IVtle, for a utilise' and malicious tresspass.—The poor wo-
man was suspected of breaking down or removing a post
from a fence, but the magistrates' commitment did not
allege any offence.
Judge Best said, some of the magistrates supposed they
had a power under the above act to award damages iu any
case, whereas they were to assess damages.
The poor woman was discharged.
WUDNESDA Ir, NAY 8.
The Court proceeded with cusses on the Crown paper,
which did nut aford any information interesting to the public.
—At two o'clock the Lord CuiefJusdive sat at Nisi Prima,
and tried causes. •