The National Register.
London, England, 1818-07-05 00:00:00

L.lik' INTELLIGENCE.

COURT OF CHANCERY.
ACCOMYTAINT GLNIERAL
motion of Sir A. Piggott, i& was ordered, as usual,
1;• kccomptant lieiteral's 01fiee should be shut from
t.••• 'null of A►gust to Ow dad• of the First Seal ',elute the
•••t .%Ilebaelmas Term, in order to give hint Cole to wake
t:!‘ 44.;ectuuts.

VICE CHANCELLOR'S corwr.
IMPROVEMENT IN ellAt

Tr course of some obvervations which the Vice Chan.
ee% ,•, made, in refet (ice to it report of the Mnstcf , in whch
t.• • Master gave his opinion against the validity fit' a title
at, (oak!, his Honour said, th..t he thought it would be a
seat improvement it, practice, if lie Master, in leis report,
simuld always state the grounds of his opinion. The Court
roi:ist then elfectually judge of those grounds fur itself. Ile
e.cemsdiotgly desired the Registrar to make a memorandum on
thi• subject, that he might suggest it to the Lord Chancellor:
•I•he Gentlemert ef the liar who were then present concur-
red iu the utility of his Honour's suggestion.

COURT Or KING'S BENCH, IV i.DNEii3.IV. JULY 1.
JOHN ROGER; v. raart PockiX.
vi et arm's for an assault and false imprisonment.
The declaration stated,that on or about the lath March, 1818,
the defendant made au assault upon the plaintiff, and impri-
soned him for a certain 'lumbar of days, by means of which
the plaintiff was tunable to carry on his butiness, ace. The
defendant pleaded not guilty.
Mr. Gurney observed, in opening the faeur, that they would
deniand the most serious atteetion of the jury. The plain-
a jeweller, sought a compensation for a great injury in-
eicatl upon him by the defendant, an attorney of the Court.
Tliere hail been dealings between the parties long before the
date of this transaction ; and in the spring of 17417, Mr. Ro-
gma, who resides in Pall Mall, became indebted to Mr.
Poe kin, of Detewstreet,Solio, in a considerablestan upon bills
of exchange. The latter took the severity of a warrant of
attorney to confess a judgment, empowering him to sue out
excretion against the plaintiff's perseat and property ; but in
Lc coarse of that year the whole antis due to the defendant
ay:a. discharged. Mr. Popkin had, however, taken the pre-
caution of entering up his judgment, and had lodged the war.
met of attorney in the sheritt's office, that his claim, if any,
raig!,t be prior to that of any other creditor. In Nov. Isla,
ad account:. between the pasties a ere closed, and the
rot owing a Atillitia to the defendant, required that the war-
rant of attorney stipuld be given up to be cancelled ; but
151ia in evaded the demand, observing, that it had been
tiled and could not be removed, but the plaintiff need not be
ender an:: apprehension about it, as it was done with. The
plaintiff rad defendant up so this period had been on terms
of friendship, but baweeu Nov. 1817 and March 1818 they
differed; the jury would be aware how dangerous it often
was to excite the enmity of aii attorney armed with power,
and disposed to exercise that power unjustly and illegally; at
least the facts of this case proved that it was extremely pe-
rilous, for on the 13th of March last, without the slightest
previous intimation, or a moment's notice, without claim even
of the smallest amount, the plaintiff was taken into custody at
the suit of Mr. Popkin, on a writ for 1641. besides the sheriff's
poundage. 'this conduct could not but excite the utmost
astonishment, and it proved of the utmost inconvenience to
the plaitititt, 'Alto was in trade, and whose presence must be
necessary to the date conduct et' his affairs. No bail could be
given, for it was not an arrest upon meme proeees; and it was
a uunuh before the commencement of the term, when the
plaintiff might have been relieved by application to the Court
of King's Bench. 'this Mr. Popkin well knew—his purpose
Was to keep the plaintiff as long as possible in confinement.
audit p(ss.ble, to ruin him by it. Ile refused to consent
that the money ebould be placed in the hands of the Sheriff,
to abide the evert of any proceeding ; and the plaintiff was
compelled to take out three summonses at a judge's chambers.,
before he could be released from his state of durance. If
Mr. Popish; had only wished for the safety of his debt. he
triglit have appeared to the first, and consented to the ;Hs-
clatter of the party ; kit he delayed to the utmost extent (not
being „mto the necessity of appearing before the third sum.
tniis), and at last resisted the application. Lord Encabo-
rangli ,the Vllly judge in Landon, the rest of the bench being
upon the rite iiit,) however, directed that on depositing the
rr.c my, the plaintiff should be set at liberty. This proceed.
u. 4 net npicil no lels than tight days' from the lath to the 20th
of Nlaieli, during wheels the plaintiff was in a loekanalionse
in %Vara irk-court, Milburn. As the plaintiff was ;sera etly
certain that he did lint owe a farthing to the defendant,
either upon the warrant of attorney on which he had taken
out ixecllliuo, or (Ahern ise, he applied very early in the
term In set asid! the judgment, and after simie discussion it
VA- deemed expedieut to refer the matter to Mr. Reader, the
barlister, who finally made his award ; deelaring that there
Vas not the least pretence for the debt on a hich the plaintiff
had been arrested and imprisoned by the defendant. What
then could be SAil too severe of any matt also had been guilty
of such nalteariLlif oppression but above alt, what could be
said of an attoiney of the Court, who had proceeded against
his better knowledge, merely for the gratification of his own
dark inalieei that malice had actuated Mr. Popkin, was obvi-
ous from the whole transaction ; but if any China were want_
lug .o prove it beyond contradiction, the defendant himself
kat supplied the evidence ; for he had avowed to a Mr.
Kitty the next door neigh! to the plaintiff) them his per-
ptwe ass to ruin Mr. Rego , and that failure limit be the
trotweiptence of his impstan iiiii att. The plaintiff, therefore,
11441 a triple claim to compensation I tirsr, the injury and mif-
fs-rive he bad sustained ; next the consciousness of the de-
fendant that he was acting illegally and unwarrantably; and
lastly, the black and inveterate malice by which it was cleat
he had bet's actuated.
Mr. Alexander Kelly, of Ne.5,1•a1l Mall, deposed, that
never having area Mr. l'apkin before, he called upon him
respecting two bills fur 501. Carle, whlle.lh II:1(1 been presented
lit his Smaller, and which were accepted by the witness for
the plaintiff: for one of them die witness had expected that
the plaintat would heave protatled. He saw Mr. l'opkin at
leis 11..iir.e in I)eilli•lrtMo4, Sulw, wilt/ advised laihll to pay both
the bills, as rum actions %%mild be brought upon them, and lie
would ultimately its. called 1110011 to pay the expenees.
witness a-ktal Mc. Pop Lin if he were ma on friendly tern's
will: the paaenuitt ; is. ahheh he replied. " No, quite the re-
erae ; and to eons hire y ell. see allot I ate going to do." He
then ptolliceil a will, idea lying, that it was an caeca:Bon
against the mid that lie idlowed it to tlpe witness in
confidence that he %%mild tell isahody. lie added, that the
plaintiff had 'wed.e .l r..Lnlaeulvery ill, ill servilig him with
a copy of a ss e It lei 'A....letuw nee to utiati s e, the comfit:maid