The National Register.
London, England, 1818-08-17 00:00:00

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Our Liing, Comltitution anb

MONDAY-, AUGUST 17, 1818.

SINGULAR LEGAL DIFFICULTY.

A most extraordinary, and indeed an unprecedented
eircumstauce hai just occurred in the city of Glomestt r.
On the evening of Wednesday last, Mr. Ricardo, the
lligh Sheriff, and his retinue proceeded about ten
o'clock, in order to meet the Judges, Sir William Gat-
row and Mr. Justice Iloiroyd, on their way from Mon-
mouth, where the business had detained theta rather
an unumfml time.

Sir %VI (farrow had come forward from Mon-
mouth with the utmost expolition, but all his eithrts
did not enable him to reach Gloneestsr before ie o'clock.
When Sir William was in the Sheriff's carriage, Mr.
Ricardo suggested the probability of the illegality of
opening the Commission on Thursday instead of Wed-
day, which was the specific day.

. . .
This at first dia not very forcibly strike Sir William
as a serious objection, and he opened the Commission as
usual. In the morning the Judge, Sherif!: &c. attended
the Church, and the Amin Sermon was preaelied by
the ltev. James Hitchings. The Grand and Petty
Juries were sworn in, and other proceedings commenced.
Mr. Justice Holroyd arrived in Gloucester about three
o'clock in the afternoon of Thursday and a consultation
was held on the subject of the non-opening of the Com-
mission of Wedndesday. Mr. heels, Mr. Dauncey,
Mr. Pugh, and several other Gentlemen of the Bar,
wee in their opinions, and at length it was determined
that great mischief, both to the Crown and Civil side
of the Bar might ensue, should the Judges proceed to
trial under those extraordinary cirettmannees. The
Court was therefore adjourned till this morning
(Saturday), and the Under Sheriff meanwhile
went off express to the Chancellor, in order to have
las ....,eopiniere and. to tinny ff the business of the
,tlssiires cou:d lega!lraroceeded on,- o! if it was
7fEedsary that ilew. Commission 'should be issued.
Gleyeester then became s scene of considerable
confusion. Lawyers and their clients were seen running
in all directions. The witnoases, all of whom were
obiieed to remain at Gloucester, were lamenting the loss
of time they should sustain. Barristers were renewing
their tul..s of lodgings, and indeed nothing could equal
confusion of the city of Gloucester, when the tidings
of the adjournment were made known. The conse-
quences of proceeding to trial were not at first con-
jectured. They might have teen of the most lament-
able and mischievous kind. Prisoners might have been
deeniedillegally punished: decisions, of lawsuits, would
have been null and void, and even the Sheriff himself,
had he proceceded to the execution of a sentence of
death, might have been in.licted for wilful murder.—
The anxiety that pervades the City, it is probable, may
not speedily be determiners; for it is uncertain how
soon the Chancellor may decide the momentous and
unprecedented questioe. His Lordship may even think
it necessary to summon a meeting of the Privy Council,
and at this season of the year such a meeting cannot be
speedily assembled. From the een and the inconvenience,
however, good may eventually proceed, and the present
necessity there is fi,r a Judge in propria persona to

PRICE 94d.

DRURY LANE THEATRE.
.......--
COURT OF CIIANCF.R7,..kuo. :5.
The. Lord Chancellor on coming into Court this
morning, proceeded to give judgment in this case. He
observed that it came before him by a motion for the
injunction being dissolved which he haul on an ex par:e
statement granted last Saturday. When he grunted
that injunction, he did it on the condition of imntaiate
notice being given to the defendants, because he hal
very considereble doubts whether he ought to have
granted it or not ; but he wished these doubts to be
removed, not by any opinion of his own, but by a cool
and dispassionate discussion of the whole at the Bar.
The Bill '(the contents of which had been correctly
stated by Sir Samuel Hominy) went into a long de-
tail of the two Acts of Parliament passed in 1810 and .
1812, and it also described the various dealings of the
defendants. It would therefore be necessary for him
to read these Acts now, and to make some observations
on them, as he would be thereby the better enabled to
ahew the facts of the case accurately. (Here his
Lordship at great lenglh went over the different clauses
of the Acts.) The result of the whole was, that by the
first Act the proprietors wete constituted a corporate
body, and bad powers vested in them which the Le-
gislature gave them very particular directions how to
discharge. He might lay it down as a principle of law, . .
that while the powers vested in select parts of a
Corporation, could be exerc.- ley therlect parts of that
Corporation, it was impossili r him to say thae a
...
~
body ofmen could assume wep whiph were not given ,k•
themby the Act of the Legislat 'he geoferal assembly ,' f
of prop ' ors in this case milibtliltrieice,at least they., 6.'`...Nft„
niiiitt,: ' • Select Commit see ive such edvice, '. .'. ,•
•
but the ttee had no power to ". to the**. um,.
neral or mmittee what they
....ag o do. If it
..
was true as was alleged, that the General Committee
was not a valid one, and that the Sub-Committee was
in the same state, by not acting agreeably to the pra- •
visions of the Act of Parliament, then the question
before him was, whether the Corporation could any
longer exerbise their powers, and he must judge of that
as he would do in the laws made relative to corporate
bodies. This question, however, might as well be
avoided, for the benefit of all parties. It would perhaps
be as well for him not to go into the affidavits at al.;
yet he felt very much that this speculation was going
on at an immense hazard. Of this he was very deeply
convinced, but how was it possible for him to ii.-
terfere in a case where the powers of the Cominittu,e
were settled by Act of Parliament ? Ile had given the
case his most serious attention, and after weighing all
the circumstances in his mind, lie was decidedly of
opinion that he could not support this injunction, on ac-
count of the absence of parties ; this was not the only
reason, for he also was convinced that no case whatever
had been made out• te justify hint la continuing the
injunction. u
The injunction was accanlingly dissolved.

necessity mere I' on ti ~, WI 64:. lil in upt ggi pc. .....,.. •.,
...
ig- open the Commission may be set aside, and a Sergeant • Thursday a wardmote fbr the ward of Farringdort,
'Without, was held at St. Bride's t hued', for the pur.
sent forward for this purpose, when the business of the
eish preceolin•f, Assizes is of unusual magnitude.—(ozfa,d pose it elestibg a person to serve as Common Councilman
.Itv•ust tO.) in the ?eons of Mr. Waithinan. Mr, Figgins prop
ency Mr. IL Taylor, of Shoe Lane, Prite.er, and stated that
ietcd The Doke of Wellington has become a distinguished he was a friend:to retbrna. Nlr.•Clark was also prtitosed,
sive, collector of picture. lie has lately made many value- but finding the mnjtirity of thS' meeting was in titvour
s in ble acquisitions on the continent, particularly in the of Mr. Taylor, he resigAied 'OW Contest. Upon a show
Flemish school. His Grace has desired that a gallery of hands Mr. Taylor was,deelaml unanimously elected. ''''
list'.
.., fur the reception of pictures may tbrm a principal tea- Thursday morning the prioeipal Cashier of the Moll
're"' titre in the mansion to be erected on his Parliamentary of England waited on the :.,*enileuxen of the ' is 1.',. :‘ ' . • . .1. • ,9
:ate. estate. We arc glad to see his Grace cultivating a taste change, to inform thew the Chance%) ' he ' ie r:
. .
Irret for st) be..antiful an art, and wish him success ; from the would be ready to receive their . Wilding, • , MC? . • ir.P. .
,-,..„.
"ate specimens of his purchase in the last British gallery, we State Lottery "for the year I 8 1 ti, on '• ur .4ttl••
'..,
....;i4 . ;
,ugh think he has not been very thrtnnate hitherto; the instant.
pictures of Cuyp tend Ustade of - , not in:(hyihn.,.-A ;Tyre, • ,Ab'erns'in: pa- /,' , , . .
tot. -• nt 'der ,
and
of those masters, ancte. " 8... 44iv.ent '.:11.7 hag.aol ~:,..it• • ''
. . religious tiOsities in tho • !spv .......„
gs° Vatidee.eyden," there wits not • ' rthYltt 'i, • lA ' '!*. %env. It is..anitl'illiat an arti- '
•
:fled the wealth and fume of the distitiguis iiri'lia.,.. ' S'iver.,.. sasn'l 0 ~' •-. 00-:- me 0c..h., , • .'s lan:Vl:wined a pretty . i
‘,}t ~ i.
.s..- :'
who have
ddly of thi• artists whose names they bare. . t: ---t . trz''
his On Friday se'nuigbt his Imperial Hlglince. •ill.',lbit"...giir.rt•-afkr;htelllinin'is;'47t:itcritice net ... • '...:,..r,t:..;_••'
Grand Duke N;iellpel was presented with the _reeLen 's: „; -'-''' i n.O. :''' '.• ))maul; lk.in,,c to the•Deitv.—..‘ .•ilt-Cx`
the,.; • '' *l•' l'T '" t re
of the city .of Edinburg]] voted to him on Wednesday, •Plic ‘...er ••,' ' rts, Lust SCYCJ:ll,llt!elllpts which
.•tti,
e"- and was Tlskralidly entertained by the Lord l'rovost at had been amide t . ... • ~,lit•tiniti, luul &dell, but at _- --
.•
hose his own hlti , ills I lighneas seemed highly gratified •
call- by the aft'. 1 us POI hint. A liieltland piper, in fill lciwth a poor man, who s iiiera"tt 'a member Lif the cart, i., 10,..,•' acr."s
,Sect.
has been murdered in the most. atrocious manner. The .
.. •
costume, ' , oath al aka it; front of the house,
, whole country about Leissnil, Comits. (h.i„ii.„3, 05.... ,
...
..11.." . .
which seem- • ; • eI, .4 t atti,t the notice of the e!tat.z. &, .is ill r„, iilt:o 4,,...." a the extensive rand& . -•
tirand Doke, st'•lti l', ~• ,• , ittm irF .er to par. , catioas of tius set. ''':i‘
take Of eXeeiliP4l3' ; "et '\. ', .r ~ r. i ._ • ' v..
is • .
w•
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'ice i••' ..,';•••• ' .-}••• ..
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