The National Register.
London, England, 1819-05-09 00:00:00

LAW INTELLIGENCE.

SATURDAT, May I.
NIAS T. ADAM SON AND Orfila&
This was an action tried before Mr. Justice Park. at Clielins-
foid, when a verdict was entered for the plaintiff for SIT/.
Mr. Nolan now applied for a new trial, on the grounds of a
mis-direction of the J udge in point aim/. The plaintiff was an
uncertificated bank: ups t the &lonian's wee. an auctioneer and
his assistants. The action was .or a trespass committed by them
in entering and seizing some furniture on the plaintiff's premises.
it was &Lied at the trial, that, previous to his banks uptey. the
plaintiff hail soli his house to his brother, who, however. subse-
Tient to that event taking place. again admitted him into pus-
session, and the assignees agreed to let him have his furniture for
tont this suns was accordingly paid by a Mr. Collinson. T.re
assignees. however, having afterwards occasion to sinpect town-
thing inipmper, directed the ilekw•ants to enter and shstrain for
rent *hey did enter, and took possession;• but the plaintiff, by
stratagem got them out. After e.-.rtti they rand, a re-entry by
force. aad this was the trespass complained of. It appeared that
the furniture was worth 3471.„ a. Is sold for that sum now.
Although Mr. Collinson, who paid the 1001. for the harken,
might pethapa have maintained an action, the learned counsel
submitted Neu had no interest in the property: but even allow-
ing he had, another and very important question arose upon this
transaction, t'ait was. bow tar an uncertificated bankrupt could
maintain an action against his assiooes, alai were the rod de
feaulants in this action.

Toe Court /owned a rule to show cause.
WIDNTIDAT. MAT 5.

TIII EARL OF DARWLET
This nine mug Mr. Blieh approlret t,•.mt• in COI".
queilee of the °War made by 11114 LOIAIOIIiI.II, use &-
article.. exhibited agaist.t hum.
Mr. Wwrrett. In. cotiorei, said, that he held ice hie hand
an affidavit whirls hod been with • view to induct
their Lin Irm.eu the lul buil. It sav the
afiLievit of Mr. aid it tt 1 forth iluit mince
he was in eititoily, under the weir:nit of Lord Elienho-
lough, upon riuUlar art .ries exhibited by the noble Earl,
his 10,lieur had hero 1111101 dilllllll4lloll. The wbnst .4 his
Properly now ronaistcd oldie soon or CDol.in e,vill; of the
►nne 0.11,0031. which hr cap.red to receive from the judg-
ment et the Court of Clidneety in lit-loud, but it hieb
Judgment lied not been !et inistintiour ed; and ut lit tam
of 4.001,1. der to ltim as ueurtyee.c of rrtt.iu lit opts !yr in
that vonsitel. Ile itidrbisd b. brut rill
tutu; ;And under first. cii vsilliquglt•t u.i• COt in a
eitifition to find %trinity tin bar emu wlimb Olen. Lord •
*hips had been piramani In •wind, naisitly , 6,0051. fur hien-
re le, And two mercies iu $.OOOl. coda.

4earlett, on the Mime suit.. bald, that the herlth of
Mr. Blies had ante, ell rmtnid,table injos) anion; hu lag
ingot ihil iiiiii ill. t,.ruutr since that tune 114(1 been le.
Mired, end a' was ersary that he should either depo.•tt
mom.) in the hands cif his bad. air give them iii.e:reption-
tido secui ity, ha hoped that the Cuurt would lint insist
titian such trims as must render his isuprisoutueht perpe•
lust.

Mr. Gurney, as connael for the Earl of Darnley, said,
he load a very ainpleasaut duty to both as it re-
gat Jed Iris wink florid and himself. But the conduct of
Mr. !Biala hail been such, that the Court,he apprehended,
would feel Ilirsiororrs bound 10 lomat upon ample set u.
lily 44 111 P loitz4PfirditUfl of the peace. It no. a 5141 ia.-
portaut comidirtai ion fur their blidial pa, that Mr.
at the time when he was tinder recognizance its keeping
the peace, had committed sugar of these ..ggraeating aria
which ttie noble Lord had 'nue, ralithiied against him.
alr. Moak had followed the Loll of D .ruby to Italy, to
France, and to England; sad at present, Ilia Lorib.hip
could never leave his humor without &thug Mr. Mich at
his licels. G was evident, therefore, that the lite of hits
Lordship could nut be sate, unless this gentleman were in
rosiliiminesit, or that he were readmitted from making any
attack u such penalties as he *wild uut choose to
If he could wit find hail %about depwittog moue, in their
or giving Owns such security as Ilia counsel had
meolittnedi the emit would i 0000 uediately understand the
Impiemion which his condnet hail made on these oho
Vert best acquainted with him.
Thee Lord ChicfJustier, after having consulted his bro-
thers, said, that as this aresteman ass now bylisre the
Court, and as no sureties weir offered, and it appearing
that tile security given hrfame Lord Ellenhorungli NUS net
gliafieltlll to restrain him from a Wrack of the peeve, the
Quilt could nut discharge theis duty to the applieant and
to the public within't committing hint. It 111.1.eamd 14141
11116 grntlrttsan Nalo 11111 pitvical to say what secuiity Ite
wild give tut boom if, out Mir ellet hr i mild hod fee
Lis g rot beliabioisi. .he Court did nut a 1•15 that he
should he teamed to hock tel AS moat plodine a per-
petual istoprieuilibent; hut, at the Mime uute, llicy were
tietind to take care that he was placed stu k r such .control
as should preclude kia frogs exercising any Tioleare

MAY 9•'

a atnauditt a popli4aOlt.airdliana retemptltingraay orrach nL
the pawl. peat.... ti IVOIIIII 1)0 open to 11. i% reutleman to
come too *414 116 too vritslce da) a 111 prnpu•e 11;111 to 1110
COl6ll t hut at tam ot, for •ant of Lail, he t stand
conunktlrd:

NlrAlliiiels was then ordered to leave the Court in cus-
tody (tithe tiplatt of the Chief Juotee.
THURSDAY, MAY G.
Ti. Kilo v. JOHN KINNEAR, 1,01,1 S Levy, Monist'