The British Press; or, Morning Literary Advertiser.
London, England, 1818-12-22 00:00:00

L.4IY I.VTELLIGENCE.

COURT OF CHANCERY, Broroati KCAtte,

MONDAY► DECEMBLIt 21.

This being the North Seal after Michaelmas
Tcrisi, the LORD CHAncv.t.t..o‘ opened it at him
preparatory to the VICE-eIIiNLELLOIL hear-
ing las Lordehili r ioutiona alternately with Ina own.

VICE.CHANCELLTVS COURT, LiNcor.u*lmx,

Momper, Diecautta 11

THE ATTOINF.Y-GENERAL, at the relation of the
Naryais of ISLANHTOHD and the lion. AGAR
t Lt.'s e. his Grace Me Duke if taAaLuonouGH.
[For the eircuinstaoces of this case, bee this Paper
of Saturday.]

The VICE-CHaNcEt.t.ort on Saturday wave his
judgment in favour of the Noble Defendant, allow-
tog the demurrer, and disiaissiog the Plaintiffs'
bill.
This day, on his Honour coming into Court, at
eleven o'clock, observed, that since they had lest
met, it had occurred to him that there was an Act
of Parliameitt which had not been mentioned or
slimied to during the discus•ion, and which was or
the highest importance, as it bore en the question ;
it wits the Act of Parliament which settled .5,000/.
ptr &miim on the successors of the great Duke of
Allsr!borough, out of the receipts of the Nit olfiCe.
Itt the Act there was an important E1,111.r, which
art birth. that it was not only granted f..r the sup-
port and maintenance of the house of Marlborough,
out of it in the hoa•e of Blenheim, which gave
the public an iittetept in the estate. There might
be an objection made that this Act was not mews
tioned in the pleadings its the cause, hut he did
not think it would Pitit.,4l, OS the PhtitttiM might
atnerid their bill for that purpose. There might
be another objection taken, but he did not think
that it would ripply—that the Act, although it
took into its coriteinplatiou the house, it did unt
the trees. Hut they would perceive the bill
prayed to restrain the Noble Defendant from
committal% waste and destruction, and in the
demurrer it was admitted ; lie thought, therefore,
that it would be extremely difficult to separate the
trees which shaded and protected the house, from
the house itself. If the Counsel im both rides
would look into the Act he had inesitio..ed, he
would hear them on it after he had gone through the
cause petitions. It would be recollected that the
question of equitable waste was not open for urgirs
went, as lie Buis Humour) had determined it, butt
might, if they thought proper, argue
it Isidore another Judge. Looking at the Act
granting the pension, as lie did, and finding that
it was not for the support of the rank of the house
of Marlborough, except in the house of Bleu
lie considered that the public had a great intrust,
which ought to be supported and upheld by a
Clout of Equity.
Mr. St DEBO rTOBII--" Then your Honour's order
is su•prudrd ?"

The VICE-Ctistscrumit—" Certsinlv. The
injunction has not been dissolved. The Registrar
inform% tor, that snowing the demurrer doer not
discharge it, as it insist be done by 'notion.
he says, i% the practice of the Court ; o the injunc-
tion is in full force."

Further di,enstuoto pooponed.
The I'tcs•CHANcELLoa was occupied the re•
mainder uf• the Jay, until three lock, in hearing
motion, of no interest except to the patties Cuu•
cerutd, at which hour his Honour rule.

COUitT OF KING'S BENCII, MONDAY, Dec 21.

HEXTER V. *XXIII'.

Mr. GURNEY stated, that this was an action
brouglit by the Plano 11 a burgeon and apothecary,
residing at Ulorklig, to recover from the Defen-
dant, a publican, 19/. 94. Gd. for medicine awl ail-
vice furnished to himself and family. The Defen-
dant, it appeared,.liad a son, about twenty-one
years of age, who had lately suffered under u se.
were indisixisition, necabioned originally by an acci-
(fret he met with ; the Plaintiff attended him for
some time, and at the conclusion of the year, sent
in the hill in question to the Defendant. The De-
fendant did nut then object to paying it, but after
a lapse of three months he called on the Plaintiff,
and requested he would make tint a separate ac-
count to his son. as he (die Defendant) intended to
apply in Lady Evelyn, to see if that Lady would
assist the young man in paying it ; and also to
apply to his club fur assistance. The Plaintiff ac-
cordingly did so, hut not receiving his money after
waiting two years, lie again applied In the Deism.
ditto, who nos refused to pay him, on ilw giound
that the credit was originally given to the sum, and
us a proof of it, produerd the bill made out in the
young name. tiro) this It-filial, the Plain•
tiff brought the present action. Mr. aurnes now
called witnesses to prove ilteir furls ; mud furilwr,
that the medicines charged were furnished, the at-
tendaiice given, and the charges rea-oliulde„
Mr. St:ARIA:Ia, for the Defendant, endeavoured
to eatahlis'd that the credit was in fist t given to the
son, a daily lalreurer, whose earnings did mot ex-
ceed twelve shillnigs a week, and that the sharge
to a person of Ins descry was unreasonable.
The Jury, however, found a vrrilirt for the
Plaintiff for 7/. Inc. 7 I. allowing to the Def. pliant
r set oft for two loam. of hay furnished by 111111 to
the Plaintiff.