The British Press; or, Morning Literary Advertiser.
London, England, 1818-11-02 00:00:00

LeIW mrELLtrENcE.

COURT OF CHANCERY, SATURDAY, OcrosEr. 3!.
ilia month% the Lotto CnANGELLor. resumed
hl.:l;ingx, wheel—

Ni;-. HART epithet) to the Court for au order, di-
rectma that Jr.N Eratts, tot Haul :ley, piry
into Court a soot of Irmo p, 41111itili4 lo 9,001:i.
16101 it wee alleged he !hid in hie hand., a.. 1)111.
the trustees, tlit.t,r a deed of trii.t, rm. the %ale of
certain estate, at the Nl4ttillis wit! ntreitione:,s of
HMO I 1..411. of .I:,ch the itrtweedt. trete to be Ipplied
to litottlate the debts of the Mkrquis. 11.
further .übmittedi that '4lr. Emus, whit s.is shot
solicitor to the trust, should subutst his lull to be
taxed.

Mr. WCTIIERELL, on the pin of Mr. Evans,
opposed this monists, which lie said war nutlet:votary
on the part of the creditor-, and was wily made for
the purpose of bringing 10-furt the public the
mimes of the Noble persutis coucernegl. pin
of the comfort of his client, who was a mats of strict
honour and high professional distracter, hail rt•nder-
cl it necessary. Ile had no interest in retaining the
money, and should hill Lordship think it right to
order the sum alleged to be in his hands to be pail
into Court, 1w was repily imineiliatelv to do so.
The Learned Counsel then proceeded 10 state the
particulars of the case in detail, sad alleged Olt
the sum which Mr. Evans had its his hands as trus-
tee was only sufficient so meet the amount of Ills
bill of costs; and that, in addition to that stun, lie
was a creditor of the Noble Marquis on the lust ac-
count. The sum of 9,600/. might appear a large
rum for coats, but it arose out of the extrtirive na-
ture of the trust, which had required various Acts
of Parliament to he pawed to enable the trustees
to carry it into ettect. Willi respect to that pact
of the motion which related to the delivery of the
bill to the Muster, he whinnied that the creditors
had Won Oleanders out from snaking such an ap-
plication, since they had entered into a bond to
submit this pint of the subject to arbitration, and
the persons named for that 'surname were Mr. Win.
Adam and Mr. Macdoinald.
Mr. BAST, iii reply, contended, that the credi-
tors had au utidoulited right to know the state of
the accounts, and to have the bill of their solicitor
taxed. The Court would agree with lout, that the
creditors were not dissatisfied without :rowan ; fur
on debts amounting to 30,0004 no larger a sum had
been paid than three per cent. fur five years.
The LUSA CIIANCEL Lott said this was a motirm
of coasiderable importance. The question wits,
whether a person, unsling ro himself the characters
of solicitor and trustee, under a trust deed, was to
he subjected to the same duties and restraints as
would be imposed on him if he stood in the stogie
character of solicitor. He had lon the plea ore of
knowing Mr. Evans, but he would suppose bon to
be a gentleman of the highest honour, and should
act towards him in the same manner or he should
towards the friend he most respected, if placed iii
Mr. Evatie's situation. In what lie should feel it
his duty to ray, therefore, on this occasion, Mr.
Evans would not fed there was the least imputation
throwu on his character or conduct. With respect to
that part of the motion which prayed an order for
payment of money into Court, he should make on
decision upon it, !remise there was no statrisient of
accounts before him, or any proof that Mr. Evans
had money in his hands. With rrslw So the
other start of the motion, nearly, thin lie Wm,' I
deliver a copy of his hill of costs, it most be under-
stood, that when a gentleman took nu himself the
joint office of solicitor and trustee, he took nu
himself the office of acting against himself : tiro
character of trustee did Hut defend him from being
called ws to do that as a solicitor, which lie has
a trustee would be boued to call on a ily other
individual, standing in the character of solicitor, to
do. The agreenietit which had been alluded to by
Mr. &awes Counsel for submitting the matter to
arbitrutioti, did not at all restrain the power of the
Court. The Solicitor was b Ito deliver a copy
of his bill ; Roil he should now accordingly make
his order, that such copy should lie di love red uu
or before the 2lst of December next.

11r. F:vans ►aid he had never reltivial to give a
copy ; he had offered tii ►ubmit his charges to the
consideration of any private individual, and had un-
dertaken to furnish a copy of his bill by the i7ili
of November.

The LORD CIIANCELLOR—'s Try, Mr. Ewan*,
what you cars du by that day 11011/."
Mr. Leona said it would not riots be iii his power
todeliver hits bill at au earlier period than that fixrd
by hip Lordship..

A Counsel Wehind the bar said his friend. Mr.
H.trt, hod greatly under-stated the Henault' rd the
creditors' demands; instead of 30,000/. the ■aumut
was upwards of ICO,OOO/.
Mr. Evans said upwards of ;MOO/. had been
paid nit; and he was et this very time (-o I.r from
having cast► in his hands as stated) a creditor me the
cloh amount.

_ _ _...__....
The LORD CHADICE4.I.6a-44 Let a copy of the
bill be delivered by the day named."

OATH OP A JUDGE.—The oath of it Deentster.
or Judge, iu the hie of 111m9, tOO% shot% :
" By this book, soil by the holy contests thereof, and by
tilt wonderful works that God high miiscnluu■ly wrought so
Heaven above and in the earth !relived', in mix day. and
seven nights, do swear that I will, will t

respect of favour ur friendship. loco: or gain, consanguinity
or affiuily, envy or malice, exrcute the laws 4 this Isle
justly, betwixt tour Si;vi.reigii Laird the King and his sub-
jects within the Isle, and betwixt party and party, as
(trent ly its the herrisig's krclk.b.oie ii.th lie i* the widtlfe of
Ike fish."

Lot, CHIEF JUSTICE.—A Correspondent of:_
nerves, thut it has not been the general practice, stilt
less a matter of course, to call up the 4.;lsielJ ushers
of the King's Bench to the House of Peers upon,
or s!ioitly after, their oppointmetllB. Of the ten
Lorda Chief Jounce who have been coibitituted
shire the Revolution), only three have !tern ereAted
Peers forthwith, name •, Lord* AIaNsyIF.LD,
mud ELLENtiotteXt:H. Of the reittaillihg
brVetl. Linda l'Atticiss. it ATM ND. utolt
HA:WWII:A V, were en/milled ‘11•14 e alter
then hit7.l jh.litiAlovrotottn•-i.t.:t nor Sir WIL-
LIAM lAA, or Sir Outitcat ItTls "Rile they held
the Chi4Jostii tt iiii respect tothe
Chiefs, Sirs .Init,t OoLT JOURPRATT, they
wxre out eol!od to the petrece