The Sun.
London, England, 1824-02-06 00:00:00

TA,xaTzoN or cosTs

• In a case in which a solicitor had delivered his billratlier•
hastily,Lhis client 'bad li.rided it in to be taxed.' • -
Mr. BEAMES wished to avail himself of ithe'technicalities of
the statute, which directs. that no Solicitor shall be allowed to
sue hiS client for costs, unless he shall have delivered' in his bill
w,ithinivnionth, properly'signed. The client in' this case was
ii...most.litigious person, and was alwal,s' giving.,.the Solicitor
assurances that he, would reward him with additional remune-
ratiOn'for his extraordinary pains and attention. He then sent
for his bill, which was ibade out in a hurry, chiefly with a vieW",
to guide-this generous client as to the arnourii*hich he was to
pay, who immediately sent in the bill to the Master to, be
_
taxed - •
•. _ •

:•'•• tlfr. RosE•opposed the appliciti4 fie 'aiiirehended that
• vi
there asw ho precedent of allowing a solicitor to'withdia. his
• bill.from the taxation-of the Master.
Ili. BE2:Mus said, that he gid not wish to withhold.the bill
from taxation, but only to have it back'.With• d view to ma,k4ig
it out more correctly. , • - •
Tlie:Lo Cli A N CI: I. LCr it., imagined that the statute only
applied to actions; :and -that it was Meroly branalogy that it
.was adopted' in Courts Of.flc uitvL;R,for lorig beflirethe passing
of it, this Couit-had'refsited Cwills of costs to the Mister for tax-
/Non.' .110.CouWtititconeeiNe.i•ho;wever, what power the Court
of the •11nefit• of haiing his bill of
seostk taxed'; andcertainly the desire of the Solicitor in this.
`casteto. o:into:tlie..ofisce oh) soinewhat better. company, though
'nath•ral,' Was not a good-,-giourl of authority.
.The -intention
both of' the:Bekislartire and of 'this Court was, that every soli-
'cifor's faxed; ,jt.had . been yumpured, he sup-
jicsed veiy;faliery, eat there wk:te solccitors who would not take
:top a cause until they had an asstiran&e (pat their bills should
not be taxed... Ile' Only wished. that the application in such a
.case,; if there were 'such a one, were brought before him..'
• would, strike the most einiiient aolicitOr in the' edtintry off the
tolls'for that offence.' •
• GRAY V. BRisTpLciIi.,6?),AIPANY.
An injunction -had 10*-Otained:. proprietors
.from cutting into. kiteladds:
Mi. 11E44.-ri novr're tied Abe GOAeLto klisOl:ye the injunction.
.An Act of Parliament liatt.been Otaineil tei cut a canal•from
Morgan's Yin, ela- the AVen,..-to•tfiCiiver Tault, in the iarialfor
..Taunton. The plan hyliiireccly through the /andi'6l.-ari4siet&l
called Puckland,'Of which Mrs. and the Iter.-..ltifi:(-4ray"were.
proprietors.':. ,Thpy had obtained this injunction, and both the=
title of their bill'and ihe prayer of it Were7iiiiprisirfg:..--"I'ller
appeared:as‘,plainttES for 'themselves, and- all the persons._.wbq
either Were',' or are likely to_ be; in any way injured by- the fail.
ure of the work ;: and they, prayed, first, that the Court would ,
declare Poe rs of thi4act-kl. Coo. 111. to be wholly inoper-
aotri,Vien-L,tea.ati
tietrilalatiuvled;t:phakili.tvdtltileiddaeifreenctdtahnetms. ftrocapnaypribif
ieVoinftgoi!
to. the
.Monk of. Ejneand;4th ere to stand in the name of the chair-
man.and.othera: COKO-missionerS of Sewers, to abide &charges
'of witste•and'ifijuirto the lab ds. through which they proceeded.
It dud so happen, Ihilt.of fifty
,miles through which this Canal
-was tnfun, there ryas an.: intermediate portion thrbOglf•'•'Which
it was•questionable Whether they. would cuittbe - eaflat-Or -hot.
This cdntingency was provided tbr by the ParliarnentO:iy en-
acting-that the Company should not cut that: poi tThr of the
.canal until they had commenced with-,:the,-two'ends o it
ee
Pr
s°*oi ft'
four years; they were not to
temreistsoi-odn
.:Sewers, who expected ; that the drainage might be effected by
andbtoe 1,:oa
olilfoo:711
ieetclYl
thedtoidc unwat
name
tb:aglolif.n
the work, in case of ifr, injury should accrue to-.the subject
of their charge. They relinquished tbat portion-of the plan,
tbwieti.ttCllllhierliii-dyni4an7lat'n't4l?:t
agreeably to the powers left them by the act, and there Was no
reason left for the :ClOniniiSliioners requiring this deposit. The
plaintiff had nothing -•WhateVer. to do either with the powers
of the actor those of -the Com Missioners ; 'he had no injury to
complain..of ;- he Was no "fit. representati've,.had there been any
party cotriplainin4—,dd a therdwas none. The injunction must
• lie dissolved. • • •

il it Contended for the continuance of the in-
junction, Bon,uaAantUCompany had not fulfilled any of thookaitions
Parliament had intrusted to them the powers
of
fndoeire whichactl the

CHING followed on the same'side, awl contended that
the work could not proceed under the act; beckuse the pro-
priefors•Were bound to . comthenee within
,four years„ which
thertad'll9t dtcUle.. 'lll4:Acknowledged that they had aban-
doned-their plan 'there was ho-: certainty:Of 'their •.-prieeeding
With' it, anti thereforethkPaintiff: Wks' to be injured in
Mr
hiaa:ld
bneui t b;hi 3dyenit.
(11.iplYt
drhnobeiio • o 3.
went oh• t cut-throughvhiS land
se
i e.p
orEt
tay, rbet lirLeCiiNiecdr L.Th merely; I
iisit red these ro-.pCie't.ors
teetA:w.atw:aidtiso7ed:t6 'proCeed according to the powers left
'he
any
oyltrihic
aii
usnienlesiaarsisywif
otalttsioli
to go.he .
ter
It;
ho'is tes ersrereoee*up
si cautgh wslotibhma
orely
line
thing very loose•in the:option left them, either to cut that in-
termediate portion of the line,• eonsiiting of 24 Miles,. or not,
for, which lie could not account. The Parliament granted
'these Rills-upon a rather credulous faith in the declarations
,of, parties ; and it was not to be disguised *that the utmost
stretch of cunning was resorted to by them for, the attainment
of their object. First of all they made .the Committees be-.
lieve,' by God, knows how many engineers and other honest
people, that the projected work'would certainly be carried into
effect `,at an eicpence„ suppose of 700,000/. It was quickly
found that-sum would be equal to one•fourth or. the expence.
Tnen.the custom was, as`he understood 'it would be in the pre-
'sent instance, to come back to Parlia7ient for other powers to
enable them to draw another hundred thousand or two froin
the.good p'eOple of England. ' In all questions of this kind,.
`therefore, it 'particularly behoved this Court to confine the
projectors or' speculators strictly within the limits of the Act,
to which they themselves would be ready enough to recur for
reftige if any actions .of trespass were to be brought against
them.—Further hearing to-morrow.

VICE-CHANCELLOR'S.COURT, FED. 5.
NAYLER
•

This was a Bill.fil;d7bY the plain tlff,})raying the Court to
invalida4 a deed,lbp which she' had assigned over all excepting
her life interest in a, sum of 12,900,.which had been left to her
in India'hy a gentlemans to be enjoyed by her as an annuity for
life, and then to.detheedtO her heirs, if any; or if tioneto revert
to the executors: The deed was sought to be alidated
the ground of there being mo consideration, and That..it was a
fraudulent deed, in the sense in which the term fraud is used in
this'Cou'rt. , '•- •

After the Counsel had been heard on both sides.—

on proceeded to pronounce judgment.
A gentleman, he observed, of the name of Wynch,. dying in
India in 1797,14 s bequeathed to the plaintiff' an annuity of
6001. for her life, with entail, to her heirs, if any, or in the
event of her having no heirs, to-revert back to the heirs of the
testator: Trustees had been appointed, to whom the property
necessary to be invested• for 'the securing of ,the annuity was
transferred, and 'a deed was' signed by the plaintiff, in which
she agreed to receiVe' an iuvestirient of twenty'theusand pago-
das (she then residiiigin'lnclia); as tiill security for the annuity
bequeathed; Some yews after the legatee' a lady, came over
to England, and married a 14entleman of the name of Hare
Nayler. About this time the great- diminution • which had
taken place in the rate. of interest paid in India had diminished
the income derivable from the pagodas full twenty•five per
cent. • This induced her to file a bill to compel property to be
invested in-the English funds ,adequate te.the securing to her
the annuity of GOOI per annum bequeathed to ber. After this
suit had been protracted some time, she agreed with,the trus-
tees .to writhdraw it, on paynient of its costs, and oittlieir agree-
ing ttAn'vest a. sum adequate to the, paying her the annuity for
life,,' and also on certain contingencies, paying to her husband,
If-he survived her, the sum of 3001. per annum. In considera-
tion. of 'these advantages, she gave up to the trustees all her
reversionary interest in the will of Mr. Wynch. Her husband
had since died ; she therefore new sought to set aside the above
deed, on the plea of fraud anti of no consideration having been
given. Honour proceeded: at considerable length to state
and sustain his opinion, that no fraud was imputable, and that
.the terms of the deed sufficiently proved that there had been a
consideration given. He therefore dismisSed the bill, and pro-
'nounced the deed to be good and valid,

.
On apphcation by the Counsel of the defendant, the Vice-
Chancellor Ordered them their costs.

GUILT OF KING'S BENCH, FEE. 5.
SOUTH AMERICAN TRADE.
SOAMS V. LANINGEN.

• This had beep a question upon-the construction of a charter-.
party. The plaintiff had at Cadiz chartered the St. Patricki

PRICE SUVENPEI;;`C

-andlad made the terms of the Charter ronditional; upon the
• 4
:arrival of another ship, the Grant, also chartered by him at a
certain port. in South Atneriea, within a ipeCified time,, from
a.
which the St. Patrick was to carry ..-cargo.. to lorope: 7 Saint
Place, in Calitbrnia. Was the place,,:firsV itteitifoned
'gull, in, Peru, was afterwards subs.tituted.','"The Charterer had
agreed to pay 6,000/. for the St. Patrick., which wwzas tit front
London in ballast. In the charter-party of the St: ratriCli the
charter became. ved, if the 'Grant should-
quil at the time stipttlated.• The Grant"did•notiarriVe.in:tirne:
She had been captured, by Lord COchrane',• and .detained at •
-Lima for a Considerable time. She arrived fit,Gn-Yaquil too
late, and without a cargo., "
...The owners of thiSt. Patrick brought their sctiou.th rechver.
froth the Charterer an indenmity for the sum of f,.,0410/: -The'
Lord Chief Justice at the trial plit it to the.liirkto hnd ;Ivliether.
the delay .was occasioned:through the -fiult'of • the. Captain of
the Grant, and directed them, if they thpuibt that it •wa*not
occasioned let the fault `of the Captain, to .fida their verdict-for
the defendant. , ' • •

. . •
. The Jury found for the.defendant. : •••. • . '
. Mr: ATTO}i tit:l.-GENERAL afterwards" obtained El,rplc to-7
..show •i:huse • why,a new:trial should not begraf-itFd. on the..
grounds of mi*Otrection'by his Lordship in. point oriziwi-gila otif
the,verdiet being contraty
,to The evidence. . r
ScAitt.ETT. and Mr.,Pottocx -shelved ca.t N se..l -
must
arrival' be non-arrival, for the purposes orithe-Voyage.
The. Grant.had arrived, but after the time specified; and" after
the t. Patrick had been chartered for another
.purpose,'-and
sailed from GpyaqUil. 'The proviso making the charter party
void",,on the non arrival of'thes Grant came,into operatietr.
TON gE.Y.CiE N AI. .aad Mr.CAmPBELL argued
that the, defendant became in law:responsible-0r the 4r4fal, of
the .r..,tant,•and that there was improper delay. on the.part: of the,..
Captain ofthe Grant, his‘servant; in AzoAnng so long at 'Saint •
Place. • " -

Their :Lordships, after full statements. of their, views of-the
question, reiltwcUit new trial.—ltule discharged.

THE KING V. JOHN ANDERSON.

On a.fornrer day!Mr. JE:S ttP obtained a Rule, Calling upon
the prosecutor to snew cause -yvhy:the defendant (Who.:itkaltri-
Oner confinedin Noiwich da0,1,., charged .with llaving,xtceiyed
"stolen silk, hr.:knowing it to have been stolen). should not be
admitted to lfitit.before, a Magistrate for Norwich. • z .
Mr. H. COoit.this day shewed cause against the Rule, and
contended, that4On the affidayits filsd by the defendant there
ifas.noziound fir aking the Ride absolute.
Nr. a'SSOP was proceeding to argue irt support of the Rifle,
interitipted •by , • ' •
• Thelioitrr. wino said that the Court was
of opinion the• more, disiiret-;:course'would be to admit the'de-
fendant to bail..

• .. •
The Rule was tnade,abOnfe upon, the defendant's entering
into his own reeognisa r:e-e74:415:e Om of 801. before an Alder
man Of Norwich,- and .fiirtfi riefollr sureties in 20/. each.
r.tt•E ALDRItiO-E.
Mr. PLATT. inovecre that-the defendant, who. was committed
for, an ofFence'ag*inSt :th:e.,Revenne Laws, :and'who was flow
brought into' Court by a..‘"Vrit 'of -.llabeai shoUld'be
Charged, on'tlie giotind"tiiit the (s.ll7ll4Ctiini wag. infortnai. The
inforaality -complained -of was, that. tiltliongh-•;tbe -.conviction
stated. the prisoner
.to' haiilbeerf Convicted - of eonveying and
carryiliawaY'a:certain qttausltrof brandV,r k; did not further
state, plAittant. to- -th e.statirte4o:th at the been proved
bY on,e- or more credible.v,ltiftSeii.'
Tite-'prisoner Wits'ordei-od4iti be limn ediately 'discharged.
• ... .
'.COURT• OF ccrd. 40N PLEAS,. FEu. 5.
Nothing interesting."-*.tht-Publie- took .Pltie'e.in this Court

• SIIERiI3E'S C.CY171171',. FFit. S. • •
ritAziine AND SA3IPSON MigE• . .
This was an action ,caliingsikpon the Airy IO assess darnagies
upon a writ of ,
Mr. Wir.i.s opened the case :to • the jury by stating it Wll3
one of a rather novel 'nature; 'the:plaintiff's liad a lease of a..
house, No. New .Bond-street,' and in. 11117, being desirous
of letting it, were apiAied to fitpthedefenduilt, who agreed to.
accept the house, and take tbleiVtares .at A ,wilualjap. A prb-,
per person was called; who -11Wil titi ure9.a 50/. 125., ht
which rate the defendant ag44*..,reate them.; 11e had °cal;
pied, the house ever since, atWiltur.eaine,:feirward to tell tlig
Jury that he was not. a•corkiitiOW 'judge of litturcs, and hss
father had said the valuation-..*K1.90 high- 7 '
A witness was here stated' that' he-had called
upon the defendant for the7airinint"; he:admitted it to'-be a'just.•
debt, but that his fatherisiid-tlie-valuation‘Nc.as 'too high.
Mr. Thomas Winter'stitie4;- he was an•optician,.anil lived in
the house : the fixtures-,: Accotding!:to•the inventory produced,
were left in the house, and taken. at A-valuation' of 50/:.
...After the valuation; a ladng 'grasSVas.remeved, Valtig.2l. •
The SHERIFF said, it was noWfOr. the
.defehtlant prove
their• real value, the admission heCon'sider'ed,wa i-nsufliciedt. •

The defendant had no witnesses;' and the Jury assess2(l the
damages at 481. 12s„ deducting for•the • - ,

INSOLVENT DEBTORS' 'COURT,

CO3II44IT.NIVINT, TO ZQE~tiGATI.
Mr. PoLLocx rose on behalf of a gentleman, an Attorney of
this Court, who had been led into an error by A person of the • '

name of Simpson, who was to receive judgment for- some mal-
practices in this Court. On the 24th Jan. his.(Mr. Polka's)
client, Mr. N., was applied to,.stating that lie was the clerk of
1%4. Duncan, the partner of Mr. Henson, orlionverie-street, and
begging that he would attest the scbe yule of a person named
Benton ; he did so, and made'the usual affidavit ; immediately
on his reaching home, Mr. N. wrote to Mr. Duncan, stating
what he had-done for him, at the solicitation of his clerk, when
it'appeared that Mr. Simpson was not Mr. Duncan's clerk, nor
hid he any authority for requesting Mr. N. to• attest the sche-
dule. In consequence of this, Mr. Duncan has since diseovered
that:Simpson had several times used his name without any au-
thority ; and his (Mr. Pollock's) application to the Court was,
that Mr. N:'s character might be cleared froth any participation
in Simpson's conduct.

The Couto, after hearing Mr. N's:' affidavit, considered
hat no blame whatever was attributable to him.

Mr. White, ,an .2-Itthrney of thjs Court, a few days ago was
struck off the list of attornies for this Court, for having at-
tkited a schedule, and sworn to an affidavit, as having been re.
quested to sign the schedule on .behalf of Mr. Duncan, when it
appeared that 31r. Duncan did not even know Mr. White. At
that examination it appeared that' Mr. Simpeon formal); acted
as clerk to Mr. Henson, of BouVerie-street(now a prisoner in
the King's Bench), and-since theh he had attested several in.
solvents' schedules in-the name. of Mr. D., and' got Money,a.,s
for Mr. Duncan, but' not empowered to do so by that Gentle-
man particularly in the case of Geo. Dixon, an insolvent, from
whom he had received 51. 19S.- costs-. The Court ordered 111:e.
Simpson to attend this morning ,for the purpose of rc c&ving
judgment for contempt.
CHIEF' CammissiomErt—Mr. Simpson, what have you to
say on your own behalf. ,

Mir. .'impson—l will not occupy the time.of the Court in de,
fending My conduct; but I pray them to.t Lice into considera,
tio4 the fads of my being:lime, andArbubled with a determina-
tion of blood. to the head'; my Mother was recently burnt to
death, and I have also lost my brother. I had no intention
an improper nature, and I beg to throw myself on the clemency
of this Hon. Court.

'The CHIEF COMMISSIONER.—In consequence. of circum.:
stances which had tbrinerly
,taken Place, the Legislature .have
thought-fit to Vest in us the choice of Attorneys for this Court,
and we take pains to ascertain the respectability of the persons.
so to be' employed, in order Oat insolvents should receive the
greatest possible assistance, and that a proper exposition of the
insolvents' affairi might take place for the benefit of creditorg ;
and for the ftirtherance of this object, we appoint none but cer-
tificated Attorneys. In the case of George Dixon, it is obvious
that you knew the regulatigns of the Court, by your using the
name of an' Attorney; but although you received money as
costs, you did not account to that Attorney for what. you re-
ceived, and it appears that .the Attorney never employed nor
anthoriSed you so to act. You have been guilty of a contempt
of the Court; and taking into consideration the afflictions un-
der which you have been labouring,: the•judgment of the Court
is, that you be committed to: ti.ewgate fof the space of one
month. • '

Mr. Simpson was then removed in custody of a-messenger.