The Sun.
London, England, 1824-12-11 00:00:00

LAW INTE'LLIG ENCE.

DEC. 1().
, .
COURTCILINCERr,',
EAttL aftoSvtlion.!ter. Praas.
way Beard in continuation of ;he pigment-of
yesterdiry, ,on behalf of the defendant, against the ntotjonfor
injunction to restvain• him f.pm.enteringnpon juilgnient On the
warrant of attorney.! The pleadings were brougl)t to sudden
conclusion by the m11)1)0011,4 pipposition matte by.4l,lr.,:SitAT-
wEr.t. on behalf of
.the platittitl—namelY, in pay 4,11001. the
amount of Lord aroswator's claim, it:to ..CoUrt, to abide rite
deeititou of the liord Chancellor. •
Some complaint was made of the length of the plaititirs bill,
upon •whicti
Mr. Coot's: n, whohad draWn the bill, justified what he had
dune ou the ground of the necessity which compelled him, with-
in n very limited space, of time, to embody a large quantity of
evidence, w trout any Opportunity fur exercising his discrim ma-
Lien. The Learned Counsel then transferred the reproach which
had attached itself to his long Lill to the pleadings of common
law courts, between which and his own an invidious contrast,
Ps it appeared, had been made. For his own part„lte disowned
any faith in the alleged perspicuity and.brevityof eminnon law
proceedings. It was not gonerally considered that the question
of equity jurisdiction were wore intricate and complex in their
nature ;,otherwise, he verily believed the pleadings at common
law would be limn], by just ciattparison, more (Utilise than
those.in equity., Ile had seen a declaration in the possession or
a Learned friend of his, which contosted of 40 closely, writ-
ten pages, ,which was longer than any Chancery-bill lie had
ever seen.

• The LORD CHANCELLOR concurred with some of the
Counsel in bearing testimony to the generally lionoUrab.le.Prac.
tice of Air. Cooper. Ills Lordship very
.cordially concurred in
Mr. Cooper's observations upon the diflerent triodes ofpritctise, i
his Lordship giving a decided Oreference in most Pstalice4
where both jurisdictions were available to the practice in equity.
here a plaintiff e.tis required to let the defendant know the
whole of Ida case, and reciprocally the plaintiff' obtained pre.
vious knowledge of the defendant's ; whereas in common law
pleadings, the parties did not know, half the tinimi what these
pleadings were. It well behoved those, therefore, who humied
themselves in finding out the defects of his Court, to look at
home, and not muddle with matters of which they were wholly
ignoraid.

ABERNETHY. L. THE LANCET.

_ ..
The SOLICITOR-UENERAL, pursuant to notice given, was
about to move for en injuction to restrain the defendants from
publishing the lectures of his highly-talented friend, which the
Lancet professed to publish verbatim, as delivered by the ac-
complished lecturer.
.- Mr. Bon NE hoped that the Court would, consent to a post-
zpnoinneamtioennt,oof ltllsec,liii.eientittlown_4lso tivtirugtioosti) anxious fur a full. use-
of authors and publishers-
involving tamale Of the
The SoLt ct To a-GENERAL said, that he would have been
huamdstosnerlyi°bUeBe-nposienrivedinthtebedallyghhetsfore yesterday with notice.
entitled to take the injuction arparte, mkt this was the treat-
ment which he had got by condescending toitgwite'ez telnotoict carlheids
motion. The subject was of the most pressing nature, because
another number would appear to-rourrow if
to-day. ,
Mr. flonliz said, that it was !Orange for a gentleman' of Dr.
Abermulty's consequence .to be afraid of .a Lanett, espe-
diauy as he had suffered, nine previous publications i
wstosout
making any application to Lire Court. At ails events, there'
Could be no great additional harm done by the publication Of an,
other number, which was now actually in the press, and
of whid,
it might be verrsotely predicted .. becks t:epetija piecchit,s,
• The Loan CHAxtaa.Lon said
tin,. that he could not hear this
motion to-day, without subjecting a at
to bleeding, whose cases stood for tale tnortung. flow iii 4,
it happen that the notice of motion had teen so long
therrlteotSio° said, that he would have riptide
delayetl ? . mut?), other suitors
matter of obloquy terday, out for the t reg.;
.) --,.ng !suture of the case in
which Lo Orosvenor was concerned, and which involved
against his 14111114 S
nersiCest TOn.GENERA I.
and his agents.
The LORD CitaNCELLolt laid, that the publication HO
much dreaded would appear II,?-m, 9r,row, and the mjuction Was
sought to-day, at the close 01 which- the argument might not
be concludes!. He would propose a middle method. If the
publishers would undertake to put out no more of the lectures

VICE-CHANCELLOR'S,COURT, DEc. 10.
THE ATTORNEY-GENERAL V. THE CORPORATION OF WIN-
CHESTER.
111 r. T INN E Y was heard on this case, which was partly dis-
cussed on Wednesday last. He contended that the Corporation
of Winchester ought to be held accountable for all the rents
and profits ot' the lands of which they were in possession, and
which had been vested in their hands for charitable purposes.
Applying himself to the opinion which had been expressed by
the Court on a former occasion, that the Corporation could not
be made responsible for the acts of their predecessors,- he pro-
ceeded to argue against that opinion. He said that the case ad-
mittetl of proof, that upon many pest occasion,' lenses had been
granted of the Corporation property, under circumetateces so
:auspicious, that it could not be doubted the bargains made ibr
those leases had been infinenced by corrupt motives.. It ap-
peared that 17 leases had been • made since the filing the first
intbrinatiOn; and one even since the decree was made; whereby
the property wise granted for a term of 41) years, at a fine of 10s.
with the reservation of an annual quit-rent of 3a. 4d. and a
couple of fat capons. It was known, too, that some similar
bgiants had been made to the son of this Alderman, to that me:li-
el-of the Corporation, and to another whose vote might be
valuable on particular occasions. The Learned Counsel then
quoted' eases
,l'a which ' the Ceittt of Chancery had ordered
retrospective niquiries into the'accounts of Bodies Corporate,
and afterwards decreed restitution to the- Charities which had
suffered in consequence of the misapplication of' their- rove.
'Mies. In the instance of the Borough of Hertford, an inquiry
BO years back• had been- decreed, tind that decree -contirmed• by
the House of'. Lords upon appeal ; in that of the Brewers
Compeny, the inquiry comprised 37 years; the Haberdashers'
'flortmany having -received a sum' of money which they ought
to hen laid in lands,' hut hail not done so; were ordered
,to set out equivalent lands of their own,
,or to purchase others,
and to pay costs. ' Ile could see no ilitlerenee between the case
Of it corporation holding property in trust, and thst of the Bank
of Ensland. If the latter were liable, us it was known to have
been in the accent ease ofTeuntlerey' for -propertaintruSted to
them, and Which had been '-transta-rred without their knots-
ledge by a forgery committed several years ago when nut per-
haps one of', the existing proprietors might have held stock,
why 'eliould not a corporation like that of Winchester be made
••responsible for the misapplication of property by their predeces-
soratP • There was no difference in point of legal responsibility
between ii corporation and an individual ; and they ought equally
to be compelkel by the CORTI of Chancery to account for the
execution of cruets. if it were other-wise, the temptatiim Would
' be too great for any corporation to withstand ; and he call-
ed upon 'the 'Court to consider the mischief' which might ensue
in a country so full of corporations invested with charitable
:trusts, where it should go abroad, as it would, that they could
not be called to account, and made responsible for their mis.
doings. It could not be 'said tied they, were ignorant of what
they we're doing, because all these grants_ must have been made
.at public meetings • the very chest in which was container'
the corporate seal, field alio the
:charter of Queen Elizabeth,
,by which the bequest of' Ralph Lamb to the Hospital of
St. John was confirmed. They had the assistance of law officers,
.bailiffs, and others, which made it impossible that they could
he igneirant of the uses to which the reventies ought to be
.epplied. But if they were permitted successfully to plead
their ignorance, hi elaield applaud them for the theffs they
had committed ; he should say that these unjust stewards had
done wisely - lie should commend them for having despoiled
the Hospital of St. John, and having driven out the paupers
for whmsie maintenance it was founded, for converting it into a
lavnetilryuet; he shouldting-r and
nstpiyewntlitinigd the revenues of the poor in
one
of the conditions upon which thesweiscejetritl,lleisedrovninagtiobnisit had
been made to them—he meant that under the will of John Be.
veridge, who left certain property upon trust, that on the Mon.
day next after alitlsunnuer-day, unless sonic very extraordinary
accidents should prevent it, the Mayor and Commonalty, with
their wives, should repair to the town, where each of them
should receive " a couple of fat capons, and enjoy a repast in
love, feast, and merriment," Ile did not hesitate to charac-
terize the conduct of this Corporation as most wicked, corrupt,
and' audacious ; but he trusted that as long as there was any
property in • its hands--as long as there was a gold. mace—as
long as there was a red gown or a red cushion left belonging to
it, •the Court of Chancery would see that restitution wax made
to those who had been wronged, even though it should go to
beggar the Corporation. The interests of justice, and the inte-
rests of the poor, who were the objectsienio.tgpfshreutllliarawadriciitatribeeldhiele donations
throughout the kingdom, demanded that these plunderers
should be stripped of all dust they had wrung from the very
teeth of the paupers, and that it should be restored to those
who had been robbed. The Learned Counsel then went on to
erwei
11/i:11.r:11.111 t(titillets,yetixilldi)aetnbeteel I,eeiltilreecnolgnaastogegneduie,nnactnleideostfehtesitl
........_
lnit thiptslua tti
there-ot o
n ain
CONSISTORY COURT, Due. 10.
tore had to he reimburned their costs from the funds now ad-
BALI. V. HALL.
mated to be in the hands -of the Corporation.
The argument in this cause was cempleted to-day, and it
The VICE-CHANCELLOR said, they must have their- costs,
and these costs must he borne by the Corporation, although he
would not say any thing about the wayin which they must
it appeared that many was maned tbr mentenee next Hilary.
As we have already proposed to embody. all the principal
Acts that are connected weth, these pleadings in our report of
be ultimately satisfied. - the judgment, it will only be.neceesury for us to notice, that
al r..TINWEY proceeded to say, that by the Masten report the discussion of this morning principally regarded the affie
davit made by Mary Bristow, die party who in her examinee
were at inadequate rents, and he therefore prayed the Court to sign in chief had deposed (being the only wanees produced to
dice the charita. .
grant a receiver. • s . „ ,
of thatleases granted by the Corporation
, , , . . that fact) to have witnessed any of the adulterous acts charged The VIOEXIIANGXI.I.OIi sato he thought he annum preju.
against Mr. Ball.' This affidavit was commented upoh at great
length on the Lott courtelay, and profeeeed to be a voluntary
lessees as suet as had been reported to be merle for c iate recantation, on the deponent's part, of the whole testimuny she
by appeinting a receiver. Wieli respect the
rents must be avoided, he should hardly think that
lany o those
had so falsely given against Mr. Balt, a eolenin decleration that
i„„e„, when they knew this, Would render any fort ter peoceet
she now retracted that deposition, being moved thereto by the
• . The Court had repeatedly directed an inquiry . e .
ings neeteelarY ~
insufficient suggistion of her own conscience,.
and an averment that
iat slots • nide incases where premises had been let for
to be llhad been induced to swear talsely in the first instance by undue
s, even.so far back as 30 years ; anti it had matte the lessees
rent means employed. by the other party. It has been must errone.
account fur the difference between the actual . value end the rent
outdy state
r, m die report of one of the morning papers of %%red-
id allbwing. the aniount ofreasonable expenses to the tenant.
;,s id,
nesday last, that several witnesses, principally domestics, had
Mr. TINYEY concluded his speech by praying the Court to spoken to an unequivocal sort of intercourse carried on between
decree a further inquiry, and that all monies now in the hands . Mr Ball and the lady whose name is implicated in that cause,
ne the corporation, and whieithad been received fur charitable a Miss Penny, at the house of 31r. Becher, tireat ituslte)l.!,tre,j,
purptmeS, Should be pahl into Court. Bloomsbury. In the first, place, the only wittiest and thenteeCe
The VieesCitenernnoit then said--This case has been in this part of the proceedings was the same Mary Bristow •
argued by /Hr. Tinney, nut Inliy with very great earnestness, mid in the second, she has totally denial, upon affidavit, made
but IsISO with very, greet ability ; it is impossible that more 'intense a Magistrate of the city of London, every tittle of her
justice could' have een done to the Case in theSe respects than evidence in respect of the conduct she had so corruptly the ,
ed
:by tee Leer led Gentleman. I.(tit I must look at the KRIM- to having seen, either at the house of Mr. Richer or elsewea.:re.
tion iii whi I the Court is
,placed :It appeere that an Warms- Upon the behalf of that respectable gentleman, it has been
l
than wasfiled in the euuse, which came on to be heard on the represented to us, that the tniiteetatement in question is ealculat ed
12th May; 1817. On that 0043i0n the Court made a decree, seriously to injure the character and reputation of his houece
Itrwhich they Werittl .it to ester Co, to inquire what de- which the witness, Bristow, has upon oath confessed to have
vises and bequests .had been :made to the 31ayor and com- impugned without the slightest foundation, or a "hadDIV n!:'
apqnaley of the, city of NVincheeter,- for the hene6t of Tansy truth; and we therefbre willingly make this fact. known, el-
petions rewiditig atethin the snid city and the liberties there- though no parties ourselves to an error which found its way into
Of.- --no 311,stee was'directed also to take an account of ate, the report of another journal..—( Times.)

SEAMAN V. PILICE.
This was an action to recover 40/. for the relinquishment by
Mr. Seaman of a bargain he bad made with a person 'named
Emanuel, for the purchase of three freehold houses at Roston,
'at the price of 000/., in the defendant's favour. It was proved
that -an agreement had .been -made between. Mr. Seaman end
• Mr. -Emanuel, for the conveyance of the houses; but which had
not been reduced into Writing. Ity a memorandum dated the
6th of April lust, Mr. Price agreed to give 4W. for the Irargaln ;
anti a. 'conveyance had 'consequently been executed,' nut tootiiiii-
Self,- but to Airs. Price, by his-desire. • .
Mr. Sergeant PELL, for Mr.. Price, of no defence milli:,
merits; but submitted- that the action couldnot be sustained iii
point of law—first, because the orginaillgreement between• Mr.
Emanuel and Mr. Seaman was bad under the statute of frauds,
and consequently ilumed no consideration for the contract; and
• secondly, because the conveyance was made, not to Mr.. Price
himself, as alleged in the declaration, but to his nominee. •
Lord Chief Justice liksT overruled both objections. • lie
held the case sufficiently taken • out of the statute of frauds by
Ole note in writing in which the -bargain was recited, anti
the subsequent execution of •the conveyance; •and considered
the allegation as to the conveyance immaterial, since the bar-
gnin was relinquished In Mr. Price's •favour.• • He would, how-
ever, give leave to the defendant to move for a nonsuit, in ease
•be should be mistaken. Verdict for theplaintitf--,Datnages 401.
A great length of time was occupied in trying a right of. way
between two bit tellers' shops in Whi techapel, and this case with
another Of no interest, occupied the remainder of the day—
Repeated instances of the difficulty of hearing occurred, to the
serious inconvenience of the Counsel and the Judge.

TIE COMMON PLEAS' BATt.
In the course of a causo (not worthy 'of being rep orted)—
Mr. Sergeant HELL complained of interruption in his argu_
ment by the
.private observations of a beamed Counsel near
hint, who Was engaged on the other side. It was impossible
to proceed while subject to such interruption.

Mr. Sergeant VAIICIIIAN.—My' Lord, for my part 'must
say, that 1 have not uttered one word in: the case. I don't
know to whom the observation of my brother Pell is addressed,
but I disclaim its application to myself.
'3lr. Serjeant Pit.t.—Then, since I must name the quarter
from whence the interruption came, - I will do so. It was from
my much respected friend here (placing his band on the robe of,
a Learned Counsel who sat behind Sergeant Vaughan.)
The Lortn CritEr JUSTICE (addressing himself to the
bar).—.Upon my word, gentlemen, I wish you would all go
into the Court of King's Bench for one week.
r. Serjeant tn.—My Lord, with. great respect, I bt.g to
disclaim any imputation of irregularity on my part, and I sub-
mit that it ought not to be made.. •