The Sun.
London, England, 1808-11-04 00:00:00

LAW' REPORT.

COURT OF CHANCERY, LINCOLN'S•TNN, Noy, 2.

CHADDERTON' V. LEAF AND BONNE.

Mr.
.A.GA It stated, that a bill in this case was sled
by the Plaintiff against the Defendants, for di.,cov;ery,
and praying for the relief of the Court. • It Aledged
that the Plaintiff a publican in the town of Man-
ahester, and the Defendant, Leaf, a Justice of the
Ptace of the said town, IN ho • had the issuing of
cences. The Plaintiff being desirous of obtaining"
a license, obtained a• recommendation hem a, Mr.
Lee; in the year 1804, to the DetetVglit, Leat,-1,,r
that purpose who informed him he was too late
for that year, but on the year following he might de-
pend on having irme A fortnight betOret be time of
issuing licences on the year following he again tip- ,
plied, and received the smite answer, that he was too
late. He remonstrated, but/to no etfeelq. Some 12(4-
sons informed ttim,if he woOldapply to the Defend.:nt
Bourne, ho was an agent for the Magistrate, and
agree to become a member of a buildiu4 club, who
were building on the land of Leaf, or to lease a
building lot from him; he Viould be sure of his li-
cetisfs. Accordingly he applied to Bowne, who
promised to obtain the license on condition that he

subscribed 7001. to the building club, to be paid at-
the rate of 101. per month. The Plaintiff agreed to
do so, and paid down 151. to Bowne, as earnest,
and on the time of issuing licences, received his li-
cense : the Defendant Bowne called ou the Plain-
tiff several times, and teceived from him at different
periods, sums to the amount ; at the end,
of the year t 806 the Plaintiff found himself enable,
to give Bowne any more money, when Bowne
wrote him a threatening letter. The Plaintiff w•l'sh-
ing to remove to a better situation for his business
applied to the Defendant,Bowne to get his license
*changed to the house he wished to remove te, which
Bowne at first refused to do, but afterwards said
he would, on cendition'That the Plaintiff would lease
a building lot of ground from the Defendant,. Leaf,
at i olea-year ; •the Plaintiff being afraid of- losing
his license, agreed to it, and executed a deed to that
purpose,.m the house of 'Leaf, and in the presence
of Bowne, and An Attorney and his clerk ;at ex-
piration 'of the year, the Defendant, Bowne, applied
to the Plaintifftor 101. the amount of the year's Nat
for the building-Jot ; which the Plaintiff refused to
hay, on the ground that the lot was of no use to
im, and than Bowne had received 37-1. from him,
fig which lie had received no'consideration ; the De-
fendant Leal then brought his action in the Court of
King's Bench, to recover the la rent. Mr. AGAR
stated several other allegations, that the 'cited hid
been got from the Plaintiff by fraud, that the ground
was not wqrtlilol. a-year, and that Defendant, Leaf,
took advantage of his situation as a Magistrate to de-
fraud the. Plaintiff: he further stated, the bill prayed
an injunation to stop the Defendant's proceeding, la-
the Court of King's Bench, with a third .aation, and
and that the deed might be cancelled ; also the '
fendant, Bowne, should be obliged to, repay the
Plaintiff the 371. which he had obtained from him;
to tgis bill the Defendant Leaf _had demurred, ac-
knowledging that he was a Magistrate at- the times
.alleged in the but claimed the protection of
the Court against answering any of the other alle-
gations, as they went to criminate him in his Ma-
gisterial duty, and his answer might be made the
ground of a criminal information against him.
Mr. HART and Mr. WEMERAL, Counsel for the
Defendant, L&X, contended that he had' no right to
make discoveries on oath' that would make him
liable to a criminal prosecution. 'There was Dot a
charge in the bill that (lid not go to criminate him
in his Magisterial capacity. He' had a right to pro-
-feet himself by refusing to answer, and. they were
not sure that the prayer of the bill was not for an
affidavit to ground a criminal information on ; Un-
der theSe considerations, they trusted that his Lotd7
ship would be of opinion that theiDefendant's cause
of demurrer was a reasonable one, and that the bill
ought to be dismissed.

Sir- SAMUEL ROMILLi and Mr. AGAR, Coin)Eel
for the Plaintiff, contended, that, although the bin'
charged the Defendant, Leaf, with acting most
Corruptly in selling the 'licence, and the Court
would protect hint from answering that 'allegation,
yet, when then: were other allegations that 'did not
go to criminate hini, he ought to be obliged to an-
swer them ; for instance, whether there ))'as such
a deed as that stated in existence ? whether Ihe;
Plaintiff did not bring him a letter of reCornmenda.:
tion from Mr. Lee ? whetherthe lot of ground was
worth vol. a-year? These were allegations that he
might answer without eliminating himself; and they
felt no doubt but his Lord Ship would oblige hinyto
answer them, and dismiss the demurrer.

Tne LORD CHANCELLOR was of opinion, that
the Defendant, Leaf, might as well answer the hilt
without criminating himself; as 'demur without do=
ing so.; for if there were allegations in the bill, to
that etied, he was not obliged to answer them.—
Under tlue6 'considerations he dismissed the (k.
wurrer.

OGDEN V.: LEAF.

Mr. HART stated, that this was a demurrer un-
der sim►lar cireUrnstances as the last ; he would not
therefore trouble the Court, but. take the ,same de-
cision.

The Court adjourned at half past one o'clock,
We LORD CHANCELLOR having to attend the King's
levee.

COURT OF KING's BENCEI, Nov. 1.

JOHNSON V. SHAW.

This was an adion to recover the purcliase-
money for five butiocks that the Plaitititi- had sold
the Defendant. ;

In defence it was stated, that the Defendant's fa-
ther was the, purchaser but this not being made
out to the satisfaCtion of the Jury, they gave-a ver-
did for the Plaintiff:

There_ were tour other actions, bat the Plaintiffs
were nonsuited, and the Court adjourned at at) early
hour, they having- gone through a:1 the business be-
fore them.

+lrc,
, • ,

On Friday a shark, about six lee./ long, gqt.en7
tangled among the herr‘ing nets at the clueensterry,
and wa4,killecrby the fishertnen.

WILLI* )1 ARwtatx ScSCKtrrs, S Uth Molton-
)r !he l'abef ; I etie's fur the Ediltkr, (tios=plid) 11l

sure:, I: to-ivcra >l ,qudre.
tut bebead cussed.