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

-7 -

LAW MTNLLlGgiflifl,
COURT OF CHANCERY. WININsigOIYY
SAtintuaT. JAIL
°PENA-NOUS&

s•~C,

',if WATIMI lib. TAYLOR. •-
The Sot.tuvott-Geseau. stated.
• had heels saffro before the et*lt:
usin„.eisny fit, 1 to eider lots: Ili A.
, piesent motion was made SU WWI or . Nov..,
the receiver of tile °Pent-WIN, POlWgrahliCll",
might be allowed to law his sposauttigiairki, kilt
•: recogigizasiers discharged which he entered nib
. when he took on himself the duties of that-eller -
after being appointed by that Court, and that be.
'nay be .discharged from being tits. receive. IF;
• would be recollected that he wee appended
receiver by the Court in the Meath Of Yea...
?weary, 1817, and that be gave the sureties replied.
At the citiumeticement of ..the present *emu of that
Opera, he wee informed by the. Plaintiff, thee his
services were sot required, as lie (the Plaintiff). illy
purchase, had become the sole proprietor. He i
terwards wrote to the Plaintiff ou the 15th of Icle•-
, cember. on the subject, regaining to be in
if its was to act as receiver during the present
~ to which letter he had not received an answer. Ths
application, therefore, could not be considered en.
reasonable ; and he (the Learned Counsel) hod no
. doubt but his Lordship would allow Mr. Davis to
pose his weasels as the receivermand to be di.
1,
, charged fro the office. anal that the expense of
~ this application should be paid out of .the foods of
the Opera-house. He could not conceive bow the
ore lieu could be objected to.
Sir Semus!. Rosatt.ev, Counsel for the De-
.. fends's'', said, that if the Plaintiff wanted Mr. Devi
to be discharged from the office of receiver, he
ought to make himself the opplication for that
purpose to the Court, rod not send the receiver to
ask fur his own discharge. It was but proper that
the'Plaintiff should inform the Court why lie want-
ed the 'reenter removed, and who *lmola pay the
rose* of such removal. The question of costs was very
'fathead from that of the discharge of the receiver •
and would the Court allow MG Davis to say, be-
cause the Plaintiff had turned him out of office se
eiteriver, that the costs of the present application
ebould be paid out of the estate? He (the Leonid
Counsel) was convinced that hi lordship would never
agree to such a .proposition. His Lordship would
also bear in mind that the Defendant was the sole
owner of the food in Court, and therefore he had
the best of all reasons to oppose that part of the
motion which related to costs. Let the Plaintiff
make the application if he thinks proper, bat let
not the estate be charged uunecesserily with the
costs of the permed application. Perhaps his Lord-
. ship would allow the question of coots to be re- -
served.
Mr. Roust. followed on the same side.
Mr. 114asta, Counsel fur the Pleintiff, said,
it was important his Lordship should be informed
why his client had rejected the services of 31r.
Davis. It was on the ground that he we. in full
. possession of the Opera-huuse, as the bona fide
purchaser.
mi,„
_..- Mr. Teowes appeared as Counsel for Mr. ,
Corist, the trustee of the Opera-house, and stated,.
that his client was ready to wham to any order his
Lordship might think proper to make.
The LOAD ellaticitlAtia—" I think the ec-
(-omits ought to peas before the Master. A receiver'
certainly may at any time relinquish his trust, but
the question of his being entitled to costs is very
different from his right of resignation. The better
way is to let Mr. Davis go before the Master to
pa.. his accounts. Therefore let the question of
costs and the other points (especially that of ap-
pointing a new receiver, if it should he uecessery)
stand over without prejudice ImA the Master makes
his report. Looking at every circumstance of this
intricate end never-to-be-fisoehed crow, I think
this is the best order I can make."
Motion granted in part.

THE LATH TICE-CHANCELLOR,
lit the matter of sir TUOICte PLUMES, she present
UMW' Or THR ROLLS, and OTHER 4.
Sir ARTHUR PIGGOTT, at the rola% of the
Calm, stated, that this was the petition of his
Honour the late Vice-Chancellor, and of his Offi-
cers. praying that he •nth they might be paid nut
or the Unclaimed Suitors' Feted their salaries up to
the day that his Honour resigned his seat au the
Beech •s Vice-Chancellor.
'the Loau CHANC111.1.011" This is • matter of
course. Take your osmium"

COURT OF KING'S BENCH, Wrwriancrram,
SATIJILDAY, JAIIIVART 91.

ARRESTS FOR HIGH TRIAIO24.
One of the Judges had quitted the Court. for
tee purpose of proceeding to Guildhall. and the Bar
lid been called ou for the purpose of ordinary mo-
tions. when. very unexpectedly. the Attorney-
General made his appearance, followed by the Soli-
citoe-General.
The ATTOKIIIT-GIXIRAL said he attended for

the purpose of sheering cause against a rule ob-
tained at► a foresee day by Mr. Joseph Mitchell,
calling on Sir N. Cassini to shew cause why a cer-
tain recognizance. taken by him of Mr. Mitchell,
should not be discharged, on the ground that hr.
Mitchell. did not enter into that recognizance, that
be objected to in doing, and had notice that he had
doue so, till afterwards, on his return to Liverpool,
he received a letter from the Mayor of Liverpool.
informing; him that he need not attend in the Court
of King's Bench until he received notice to do so.
In sheeting cause againt this rule. he was palinodes'
he should be able to shew, beyond the power of
contradiction, that Mitchell, notwithstanding what
he had stilted in his affidavit, did enter into the
recognizance in question, and that lie was fully
aware he did so, aunt that on the morning after hay-
ing done so he expressed his regret at having entered
into a recognizaoce which had put fetters on his
legs, and tied up his tongue. At this time, how-
ever, lie hail altered his opinion ; for on the day he
entered into the recognizance he expressed his sur-
prise et the conduct of a person named Beishow,
also a prisoner in Cold-bath-tields Prison, who had
refused to enter into a recognizance, and in conse-
quence of that refusal had been sent back to prison.
observing, at the same time, that he considered the

. pro-
ceided to read the several affidavits, and to contrast
them with Mitchell's affidavit ; and contended, that
after having, as. appeared by those aidevits, oc-
kuowlethred he had to abjection to entering into
th. reeagaimace, and blaming Beubow. another
• prisoner, for not entering into recognizance too.
wills he coosidered it we a mere matter of form,
though it appeared he afterwards changed his mind,
and mid he regretted much having eutered iota a
fteogninenee, by which he hail fettered Iris legs and
hell op his tongue, he could not now come forward
mid my be had not entered into that recogilizance ;
end therefore that the present rule ought to be dia.
ehargud.
'ii. several affidavits weft then read by the officer
of the Court. The first read was Mitchell's, which
slated. that on the 30th of December be was taken
berate sir N. Conant, who told him he might be
diselmiliel ett esiteriug into a recognizance for 180/.
i•appserie die Court of King's Bench on the Arid
dey of Nile. and from day to day during the
Oita; lhot.to this proposition he replied. he woultl7l
not answer sill he had seen the instrument he had
ti-r' that a persist. named Day, who was WI
the office, observed it would be proper to.read that
part lathe recognisance to Deponent,, which was ea•
cordinglyilooe by Sir Nathaniel, and was to the
effect stated. Deponent replied to this, that he
only requested. ass favour, to he put ou his trial ;
he desired no other favour from Government. He
could not support the expense of • journey up to
Wool, much less could he support himself in town
from day today through the term. Sir N. told him
he must appear in theCuurt the lira ,day of term
if lie wished to be discharged from his recognizance,
but that he owed not otherwise appear, oiIIVIS he had
notice; and if he had worn. Government would
supply him with the swans of coming up to lowm
lie then said he would luster into the recognisance,
if he could see whet he had to sign ; that soon after
he left the office with Adkins, the keeper of Cad.
heth.fied. ' • and on the following morning, bovine/
received 71, by order if Bir N. Cottage, to defray
the expenses of his journeji home to Liverpool, he
left town, and was not SWIM be had entered into
any recognisance till sent for by the Maier of Liver-
pool. and inlionied that he would Not be required to
appear in Coed.
The affidavit of Sir N. Cosset was put in, which
stated. that the nature of the recognize'''e was ex-
plained to Mitchell, who did not say he would not
enter into it, but, on the contrary, said he had uo
objection to it.

The affidavit of Mr. Day, • Clerk in the Secre-
tary of State's department, corroborated Sir Na-
thaniel's affidavit. Mr. Day heard Mitchell way,
when the reenguietince was read over to him, " I
have uo objection to tliat." He asked Sir Nathaniel
who would pay his expenses if he was called up ?
Sir Nathaniel replied, he had no doubt but Go-
vernment would furnish NM with the means of

coming up.
Ailkines affidavit was next read. The Deponent
corroborated the two former af►davits as to what
parsed at Sir Nathaniel's offics, and further detailed
a conversation between himself and Mitchell, ill
which Mitchell observed, how hard it would be if
he was called upon on ilw first day of Term. De•
poisent told him not to he uneasy, as most likely he
would nut be called up ; and if be was, his ex.
;senses would be timid. In the afternoon of the
same day Mitchell was in deponent's parlour, when
a lady, named Flemming, came in, and Mitchell,
in her presence, alluding to Besiliow's Waving re-
fused to eats► into a recognizance, said, " What a
foul Benbow is not to enter into a recognizance ; 1
consider it only as a matter of form." .
The affidavit of Mrs. Flemming corroborated
this part of Adkius's affidavit.
The affidavit of Robert Edgington, • prisoner
for an assault iu Cold-bath-fields, stated, that on
the moruing of the 31st of Decetubtr, just before
Mitchell quitted the prison, be said to Deponent,
be had not slept all night, he was so vexed at
having entered into a recoguismice, by which he
had put fetters ou both his legs, and tied up his

tongue.
Mr. Mitchell addressed the Court in support of
his rule, and contended that he never had entered
iutu recognisances, inasmuch as he had never
signed any thing.
Lord Er.Ltnaotovest said Mr. Mitchell ap.
.4seored to have laboured under a mistake, in sup-
r puling that it was neesseary to render the recogni.
sauce legal, that he should have signed it. Such,
however, was net necessity ; the verbal absent which
it appeared he had given was sufficient ; under these
circumstances there were no grounds fur the rule
against Sir N. Consist.
Mr. Justice Assort and Mr. Justice HOLIWYD
agreed in this opinion, and the rule was ordered to
be discharged.
The ATTOSIIVI.GIIIITILAL said, the legal ques-
tion being now disposed of, he wee prepared to
move, on the part of his Majesty's Queseneenie
that he reeoguszances of all these person ebeuld
be discharged. The Learned Comma thou read
over a list of upwards of forty news, ensupt
wham and moved the Coast twat the
e=irailea which sli time pork bed en.
silleeM bi esele .
Ilse Gore ealeeed doe amid ell eeeeldiegly
be deekagged: - .

SINGULAR RECOTIRT.--SANUEL MARTIN, a
boy about ten years old, now lies in St. Peter's
and St. Bridget's Hospital, rapidly recovering from
a wound he received in the head, by ■ blow of a
shoemaker's pincers, one of the handles of which
struck into his brain. He was trepanned nine
days after the accident, prior to which period
he received uo surgical advice, the brain issuing
at the external wound, and the piece of bone which
bad been driven in, was removed by the operation
from a considerable depth within the substance of
the braiu.--(Dabint Freeman's Janette/)

OS ft" A is
i zittunse• • as.
.notatnermwor.e Tend taomaffeter, otitafotret.
..a he
400. Jab
. - bud sow the allidatito of Sir N. Consist, Mr. Day,
IstakiPess 4 s • .A.tkiao. the keeper of Coldvbatli.lields, a Mrs.
* ..,..ne tls 4 it, sir lessioina, tied another person. a /whence' for en as-
•:'-iggieg All „,t, Assn ea
is utberh.hld. e, all of them faivrati.con.
..:::.4"". •* '-•
~.. *Pact the materiel forts contained is Miley/111a
, .. .. . . .
eidwit. end proving that he knew the Isidore of
lb 'hot. thW ease den recognisance he woo called on to enter into ;
it. it -woad • that it wee read over to hint. end he void he had no
1$ nietjle*. • The • •tiaa to it. The Learned Counsel then pro-
r..r.• at._ m0n.;..: -- _._A Ak __-J _ ---1 ....R.i.....:5... ....A .............•