The Sun.
London, England, 1814-08-09 00:00:00

LAW INTV,I,LIGENCg,

cotinrr OE' CLIANCP,IIY,Aub. g.

IMPOETANT POINT OF PRACTICE:.

3tr...TotiNsoN- max;cd, on the part of a-Solicitor
of the name of LOUV, that-a person of the name
of Thomas 'sbOtild,pay to trim the. costs incurred
on the part of the plaintiff, under• the following
'circumstances :—=

The plaintifijor whom Mr. Lonv was Solicitor,
had filed his bill to redeem the equity of a mort-
gage- over certain property which had belonged
to hiS father, and the cause imd been set down
for hearing, when the plaintiEeritered into a bar-
gain with Thomas, by Which tiro latter became
the purchaser of the .enuity-Of redemption, and
the cause.was triken, out of Court.. The transac-
tion.having come to the curs of Mr. "[Amy; and he
knoWing'that 'his client, the plaintiff, was in bank,
rtiptcircumstances, and tri'ut it the money.got in-
to.his hands, he should never receive payment of
his costs, served a notice on Thomas not to pay
over the purchase-money to him. Thonins,,how-
ever,‘ chose 63- disregard this notice, and Mr.
Johnson now. submitted, on the authority of cer-
tain cases, in which it was held that aLidlicittir
had a lien for his costs on any fund which had
been created by his industry ; that, .unless 'Thomas
could sbew that lie had pr&teil, with the purchase-
money, previous to the notice being served on film
byl,ony, he must' still be. liable to him for the.
costs of the suit.

Tile 1;011b .CHANCELLOI:t said, if the,' plantifr's
Solicitor bad gotte on to tr Decree, in that case
notice to the. defendant not to pay to the plaintiff
would have been good, but how ,was his Lard-
ship to ket at the present case ? lie did not see
that he,could get at -it -in any other 'way than by
the Solicitor's giving notice to• Thomas, the pur-
chaser in this case; and then-, filing a bill against
hint, by which he would .be brOught-into Conti.
A Solicitor, his Lordship presumed, could give
notice only to.-a party in 'a cause. ,glow then
could' his LOrdship get at money in the band of
this, parson, Thomas, when he. was :no party to
any cause before his Lordship if a Decree of
Redemption had been .made, andthere had been a
fund over which the .Court had a controul, ont of
,which the costs, might have been paid, the Soli-
citor, 110 doubt, would have had a lien •on that
fund.for his costs, but here .there was no fund
over whiCh his
.Lordship had a controul.

'GURNEY V. MAY AND FOOT.

Mr. LEACH moved in this case for an Injunc-
tion, restraining John May and Samuel Town-
send Foot from selling or disposing of'a hotel and
premises at Exeter, calleii Hotel ; also
from disposing of the furniture, stock of wines,
&c. and from collecting' the debts, &c. ; and that
a receiver should be appointed to collect the debts
and sell the property.
It appeared froui the statements -on all sides,
that: the - plaintiff, Mr.- -Richard Gurney, the
younger, had assisted the defendant May'with
money and acceptances to enter into-Abe hotel
in :question, and that May had afterwards agreed.
with Fiiot to take a moiety of the concern off
his hands. Foot,. however, not having ad-
Manced to May the full sun) agreed linen.. and
lay still continuing greatly indeoted to the plain-
tiff', the three patties, on the 7th March last, exe-
cuted three several instruments in writing, by
which' May assigns over to the plaintiff the hotel
in question,
.with the furniture,- stock of wines,
&c,. putting him in possession? by delivery to'him
.of a silver tankard. The plaintiff, in like mariner,
delivers over the possession to Foot, as his agent
or manager ; and Foot, on his, part, concurs in
the assignment by May to the plaintiff, subject to
such claims as' 'he may have on the concern for
advances made by him to May. The stile question
between the pa.-ties now seemed. to be, whether
Foot's claim Slionld be Satisfied in the. first instance
or if it should remain a lien on the property, and
be paYable-out of the price of it, when sold ?
The LORD CHANCELLOR said, the only question
was, if this 'claim of FOot's shOuld be 'paid be-
fore a sale of the property took place;•or,if it
would "not be enough that care was taken that the
prOduce of it, when sold, shoUld be-made appli-
cable to the'payment of'his demand i Where the
question came within such narrow bounds' as
these.,
.it• became the parties to consid&:, if they
would compel his Lordship interfere, and by
takin,r this Exeterhotel under his care, do au act
which would hake the effect of shutting. it up till
tkat r season of the yeawhen there 'would not be
found a person_to enter the,doors of
ship should give-the parties three oFfour•days, to
see if they could .not. get quit of such an• abo-
minable nuisance as his Lordship trust be in this
cause 'The parties had conic to such closequarT
fens, that.,titYifivo sensible men could differ two
.minutes on the subject of their differences. •

A Letter has been received frOm Cardinat,LETA,
Which ..leads us to believe, that •Doniegti-c
nat ion will be ceded by the }Toly See, and put in
practice in Ireland. This Letter was written' be-
fore the arrival of
Doetor NuaRAY at• Rome—
. Post.
NEWPOLIT, ISLE- OF W.EGHT, AUG. 2•:—This
morning the remains of
.our late' nittch-lamented
Representative, RICHARD ; FI:EMING \VORSLEY
HoLmEslEsq. (the melanchol) circumstances of
whose death we have already hientioned) were
deposited in the 'family* vault at Arreton, about
three mites from this town. The fitueral was at.
tended by a numerous ,t:ain of relatives and
friends, who followed in canines on this mourn-
ful occasion. The general sorrow and regret
which his loss has excited amongst all ranks and'
claSses of society in, the island, is not to be de-
scribed ; so universally was he beloved and esteem-
ed, that no mark of respect to his membry, in
which the public feeling could indulge, was
thought too sti-ong to express the sympathetic
.sentiments of the inhabitants on his *melancholy
loss. The day of his funeral was obsei•ved as a
day of mourning, all the shops in the town Were
shut,, and no, business was transacted.
SOUTHAMPTON, AUG. 5.—A considerable num-
ber of fine cows have within the course of the last
ten days been lande'. at this port, from several
parts of France, as also a great number of pigs
and sheep ; and good beef, veal, mutton, lamb,
and pork, is now selling here from sd. to Bd. per
pound.