The Sun.
London, England, 1807-04-02 00:00:00

TiIE.ATTORNF.Y-GENETtAi. V. VIGOD.

- .
This was a Auesiion respe6ting the flepairs of
Downing-Collge. His Lordship direaed that the
Master should inquire- and report wiJat • were the
necessary Repairs ; ,and when that was ascertained,
an order for payment should.tte tirade. •

THE BISHOP OF,DUKHAM V. BEAUMONT.

' This was a question upon the value of the one-
ninth. portion of issues and profits of the lot
.ore of
the Wierdaie Lead Mine. in Cumberland,.and the
validity of an agreement between the present Bishop
and Sir Thomas Blacktt. l'he Bishop, in right of
his See, being entitled to one-ninth portion of the
lot ore of the mine in question, -agreed to let the
saint. to Sir Thomas Blacker (under-whom the De-
fendant derived), in* pursuance of the' proposals
made by his agent, Mr. John Erasmus Blacker ;
from whose representation it appeared, that the fate
Bishop Thorlow received R. 501. for' his portion, and
big predecessor, Bishop Egerton, a compensation of
360. A conversation was mentioned, Mthe "depo-
situnis pf Mr. 'Wm, Erns, *hiCh stated, that. Mr.
Blaeket told the Bishop he was desired to offer- 9001.
for his own ninth share; and when the Bishop asked
was it not worth at least 9501? Mr. Blacket declared,
upon his word 'Of ;amour, that, the annual value was
not worth more'than fool. ; however, he ultimately
agreed for 9251. His Lordship observed,, that if
this deposition stood Unanswered,. it must alter the,
case entirely, and he should, leave ,made the decree
against the. Defendant, in its fullest extent. That
deposition, however, was answered by Mr..J. E.
Blacket, .in a way that his -Lordship was ,afraid it
would be going too far, in this mpst.important case,
were be slow to 'make such a.deeree. Mr. Blacket
said, in. working- the Mine, the value might have
been. more-one year'andleis another; and,when he.
Held that conversation with the Bishop, he did not
mean it with referene to the s,varking at the mine,
or with express reference to the atinal state of the
mihe at that, time. The reason the Bishop came
into a Court df Equity was, because he could have
an account taken, which a Court of LawcOnld not
give him. Under -all the circumstances, his •Lord-
ship thought the best mode of attaining justice be-
tween the parties was to dire& an. issue to .try whe-.
then it had been represented to the Bishop„ in •the
presence of Mr... Ems, by mr. J. E, BtOset, as an
ihducement to enter into the aa°reement,ip p i estion
that 951. per dumper was the full aadaktual value-
of the one-ninth share of the lot ore ;...whether, the
said agreeinent was entered into, on the faith of that
representation ; and whether such sum was more or
legS than the full and aanal value of such share .and'.
proportion ? .And in order that the Jury might see what
thecise real); west his Lordship dire tied that the
Master Should compute trona the schedule what was
the aCtial valiie of the ore previons to making this
veement ; and also cast up the value from the
(Lite of the. agreement to the time .of filing the
He further directed, that the issue -should be tried
iu the Court of King's Bench, before a'Special Jury
of the City of London; It might he -said, that same
of these witnesses Wog greatly. advanced in years,
upwards of 80 years old, there was therefore great,
.hazard of their dying ;but then their depositions
could be read as evidencei and the'principal reason
he had -for granting this issue was,' hot that the
Court had not a right •to decide, but.it':Brder-that
ample iusticemight,be done between the' parties,'by
their being. brought, together, face to -face; and exa
mined viva voce.

APPEALS. _
In adverting to a. case which stood ,for his Lord 7
ship's judgment (the name of which we. were not.
able to collea.), he. observed; that having looked with
great attention 'into the Whole Of it, he thought it a
case where he should be 'very tan, ctous. 111 deciding,.
as it could not be re-heard, but Must Ultimately
come before the House 'of Lords, where,the parties
could, have little or. no 'remedy until- something is
done to give the subject . more satisfaetion :than -he
can at present obtain by the appellant jurisdiEtion of
the House of Lords; and it,was a mockery Of justice,
to send him thither. 1 Owe it iu justice to .my.
Noble Predecessor to state, that- it is not from any
&feel in hitn.that thece.are so many Appeals made
to the House of Lords, and• nothing shocald
rated to him by way. of blame on that account; for
even during the very short, time Z have-had the ho-,
roar of sitting here, and in the !House. of Lords (a
few weeks, I may say, in. the latter), the eery great
accumulation olAppeal Causes- was almost lucre&
Nei of c6urse .1 say nothing of Writs ofError, but
merely of- the'eases..from this Coat. In which, I
again say., is to be imputed. to my Noble
Pretlecesor, ay. until the House of 7Lords,\dided
by the °tin:l-branches of the Legislature, shall think
tit to take the matter, into their most.serious consi-
deration, .1 think it tsi.a jurisdiction to which the.
subject bad better not be referred at all."

LIBERTY OF .THE PR bSS.

GURNEY IT. LONGMAN.

This'was the case where an injunaion was grant-
ed by his lordship, to prevent Messrs. Longman.
and Co.. from publishing Lord MelVilles Trial by

Impeachment, Mr. Gurney hiving been exclltsively
appointed-by. the House of Lords fair that, purpose;
as We have freonvntly had occasion to notice in for-
met' Papers. Upim this case his Ltird:ship expreSso
himself anxious to ._say words. He. had,: he
,
said, merely granted an injunEtien to a hearing of
..the. 'cause, as: in:.so. doing he was fortified-by' tte
strong. preCedents in the caseof the Duchessof
'Kingston, in the time of Lord -Chancellar:
.thurst, where an itijunaiptt tel'a bearing Was-granted
in the first instance, and afterwards made per-
petual ; and al io in the. Case of the. Lord' May&
and Commonalty of London, respeiSting the 'pub-
lication of the trials at the Old Bailey, befofe-Lord
Chancellor HardWicke, in. which Tatter case his Lord-
ship granted a perpetual injun&ion ; his Lorqship
expressly said, -he had not:delivered'anyjudginent or
opinion upon the case itself, but frOm t beanthorities
`before him be.could make no other order than what
he had, done; it was, another matter, however, *hen
it came to a hearing ; 'when, he was convinced, Lord
ELDON would givea justandrighteous judgment-
Should the case eventuallome before the HOuse of
-Lords-, as a Peer and a Member. of that-House; his
.Lordship said,
,he should Consider himself as free to
deliver his sentiments upon it if he had never sat
in that Court. • . .

HiS Lordship they) rose and took lef-se of. the Bar
nearly in the.following words I believe '1 ha%ie
nailing more to say, but again towish }Lou all,,'Gen-;"
tietnen, health, htippiness. and prosperity ; ..and to
repeat my warm thanks for your uniform politeness.
and attention." His Lordship then retired; followed'
by a grea. t numbr of Gentlemen.