The Sun.
London, England, 1824-11-04 00:00:00

LAW INTELLIGENCE.

VICE-CHANCE r,Lo it's COURT, Nov. 3.
YOUNG v. GOODSON.
His HONOUR took,his seat at 20 minutes past 11 u'cloek,
stating that he had read all the papers in this 'case, and It tip=
peared to him necessary to allow the demurrer. The bill was
filed by Sir William Young, in his character of trustee, which
prayed, that he, as trustee, might be declared entitled to take
possession of the premises in 9fiestion, under and subject to
the trusts of the particular indenture which created those
trusts ; and the question made by the demurrer was, whether
the cestmique trusts under that indenture, who are equally in-
terested with Sir William Young under the second mortgage
deed, should not be parties to the bill ? And it was very ob-
vious, that unless there were some particular objection to be
taken, every person interested in this case must be a party to
to the bill ; and the reason was, that unless that were so, the
effect of the decree in the canse would exclude those who were
interested under the second mortgage, and of necessity, there-
fore, they had a right to prevent that decree. - It litid been
' contended, however, at the bar, that there was .a speciality
in this case, which was, that Sir James Law's indenture (who
is the second mortgagee) contained a certain declaration of
trust, to which other parties interested were not parties; there.
fore the Court was to consider that declaration as voluntary on
the part of Sir James Law; and, having been voluntary, was
not to be considered binding. The first answer to that was,
that it was totally inconsistent with the plaintiff's own bill,
for it prayed that he might be entitled under and subject
to that very indenture. The Duke of Marlborough's case
did not apply here; ii it had applied, Sir James would have
had to have revoked the trust, but he had not revoked it, and
therefore it remained an ineffectual trust. It was for these
reasons that the demurrer would have to be allowed, with liberty
to the plaintiff' to amend his bill upon the usual terms.
SPANISH LOAN.

Mr. Durant. The Court would remember that this was ori-
ginally a suit of separation and divorce, promoted in the Con-
sistory Court of Lichfield, by Mrs. Mary-Ann Durant against
her husband, by reason of various acts of adultery, and cruelty
by him committed. In consequence of certain proceedings
had in that Court, wherein Mr. Durant was pronounced in
contempt, the cause was appealed up hither; when the Judge
Pronounced for the appeal, and retained the principal cause.
The. Learned Counsel then recapitulated the various stages
through which these proceedings had subsequently travelled,
and went on to show that no time was lost by his client's proctor
after being furnished with copies of the voluminous depositions
of 44 witnesses-28 of whom were examined on the first plea;
and 21 on a subsequent allegation of faculties. The Court must
perceive, that in order to found and prepare an exceptive allega-
tion, it was necessary that the depositions to be excepted to
should be carefully paused by those who were best qualified to
judge of their probable effect in supporting such an alliga-
tion ; and it was the more necessary in the present case, where
the depositions were made. upon a plea not originally
.given
in in this Court, nor settled by Counsel here ; but given in the
court below, where pleas were known to be more loosely settled
than in the Arches' Court. It appeared,from certain affidavits
now brought in, that Mr. Wood, the solicitor for,Mr. Durant,
and resident at Wolverliampwn, had been so exceedingly in-
disposed from November, 1822 to January, 1823, that he was
totally disqualified from attending to business. In the mean .
while, publication had been decreed in this court—and it was,
in consequence of Mr. Durant's legal assistants having since
discovered that evidence could be adduced to invalidate The tes-
timony of the witnesses on the other side, that the present ap-
plication was made for the re-opening of the case to admit an
exceptive plea. The learned Counsel then proceeded to demon-
tr
ene nigt thatl,ng
vaguely
theely
facts ate
her contended,
mede
and loosely pleaded—in Airs. Duntnt's libel, were spread over
a space of 12 years, from 1808 to 1820, and charged acts of
adultery with various women, not on articular days, but "at

-.oaten, ~.... _ pa,. ... (lays, 0..,
JAIIAT v. CAMPBELL, LUBBOCK, ANT/ Co. times", in such and such years. The Court would remark also
The Court was next occupied in hearing the discussion of from the tenour of Mr. Durant's affidavit on this occasion, that
this plea, which was opened yesterday, filed against the bill of i it might probably expose him to an indictment for perjury,
Don Juan Jabat,praytng that the Court would declare him to should he be unable to establish the grounds of his present
be entitled to alien upon- funds in the hands of the defendants, prayer; for it directly charged much of the opposite evidence
to the amount of 27,000/, and a fraction. with falsehood, and stated that counter-evidence might be ad.
Mr. HART and Mr. PtatnEn ion were in support of the duced to contradict it with effect. Under these circumstances,
plea, and Mr. SOLICITOR GENERAL and BIT; ROE, Counsel h ins hoped the Court would be induced to allow an exceptive
for the plaintiff: , - plea to be introduced, and would rescind the conclusion of the
The bill stated, that the plaintiff at one time bore the cha- cause.
racier of Plenipotentiary for the Government of Spain, and was Dr. Donsuw followed on the same side.
Dr. ADA ms contended that this prayer could not possibly
employed to contract a Loan in this country for the Govern-
ment he represented ; he had effected that to a certain extent ; be acceded to. The whole foundation of the plea was, lathes
sums were placed in the hands of the defendants,
p and
of thir-
the Spanish Commissioners to receive those sums; and the
em toed by on the part of a country attorney, justified or excused, by in-
disposition. But an Ecclesiastical Court, for any purposes of
plaintiff remitted to the Spanish. Government u
teen thousand pounds, which, with payments to others, and his could not recognize any such, officer as an attorney. It was,
this nature, or with reference to any such application as this,
exPenees in this country, amounted to more than 07,0004 and perhaps, to be lamented that so much of the business of these
which he now sought to be reimbursed out of: the funds in the • Courts already found its way into the hands of common law at-
hands of the defendants. The proposition made by the Counsel
in support of the plea was, that the fund in the hands of the . tornies ; but if it were said that there were occasions or parti-
cular states of circumstances which made it indispensably
defendants was ranted for the Spanish Governirient upon a sub_ . necessary that proceedings of this kind should be so conducted
stastial and collateral agreement entered into between that , in the country, it was at least necessary for the COurt to draw
Government and the defendants, that they should raise a fund , its hand somewhere, by way of maintaining the requisite dis-
. tinction between its own officers and those of the common law.
for the use of that Government ; and the money now raised did
not nor could include the produce of the sale of 30,000 rials, upon 1 And, to be sure, the indisposition of an attorney could not sup.
which the plaintiff was to have a claim ; that the fund was raised port an application for so dangerous a measure in an eccle-
in consequence of a contract, to which the plaintiff was no party. suiatical suit, as admitting an exceptive plea, and the conclusion of the cause two years after publication. rescindinglt
'
The Solicitor-General, however, contended, that, as the bill
c'etrged, a correspondence had taken place between the plaintiff might be a different consideration, did the application regard
and the Spanish Government, which shewed that he had a claim : the illness of any proctor in the cause; but neither the party
upon this fund ; the defendants were bound to put in their :
answer, stating what specific monies they had received, himself, nor his proctor, having been at all disabled from duly
, whether there had not been I
what 1 prosecuting the cause, the Learned Counsel submitted that it
certificates they had in their hands
specific trusts imposed upon them, and whether they had or had ' would be highly inexpedient and impolitic for the Court to lis-
ten to the prayer of the other side.
not discharged those trusts, . - Dr. JENNE)t was with Dr. ADAMS in this. case, and con.
The VICE-CitaxcE Leon, without hearing Mr. Bart in re.
has a demand on the Spanish Government to the amount stet- j
ply, stated, it was extremely clear in the case that the plaintiff • this cause by Jr. Durant. It was also material to observe, that
tended strongly, that all due diligence had not been used in
Conmnssioners had placed in the hands of the defendants ter-
Lain certificates and papers to satisfymind and faculties were, at least, active enough in the service
during the alleged period of Mr. Wood's indisposition,. his
ed, sey 27,000/. and a fraction ; it was equally clear, that the '
the plaintiff, among
plaintiff has a lien on those inscriptions;
other-- merit of a borough, to the freeholders and electors of which-
of Mr. Pelham, a candidate for the representation in Perlin-
.o producernutiw in the
l hands of Messrs. Campbell,
tcred.ito‘ creditors, and. that the
Co. ... Certain stock had been placed in their hands, at their dis. Mr. Wood prepared and addressed a long letter on the occa-.
our tne qutst!on.x as, whether the plaintiff had a lien on the
Lubbock, and skin, printed and advertised in a provincial paper now pro-
duced. Moreover, during the same interval, he attended at
? or was it for die puipese of
position, and that was for the purpose of paying the plaintiff several parish meetings, in the business of %Odell he took an
(which they might have done)active part. It woeld appear, therefore, that Mr. Wood was
paying other debts within theirauthority all this
_time perfectly competent' to business, and to have
afibrded air. Durant all the assistance necessary for the preps-
, _ to pay ? Upon read-
ing the record, it was clear that the funds were
against Spanish Government ;it was impossible therefore
laced in the ration of his allegation in due time. In the course of the pro-
hands of the' defendants, not' for the purpose ofd paying the ceedings in this cause, a similar application had already been
plaintiff'sthat
tiie
*could have a lien upon that fund. But then it had
theclaim, but for the purpose of paying other claims
that the fund placed in the hands made, on appeal to the Court of Delegates, and that appeal was
rejected.
o e or the purpoSir Joitv NlA:nom. particularly, stated the various pro-
beencl though nesailtilel might tiSot maretb.dfan pay ti of the defendapts, ceedings which had bean bad in this matter, and expramed
tended to pay ; and se of paying the plaintiff"s the principles upon which the Court sometimes admitted,
tifFmight have a lien
that
upon
th—eireepmaraitniciunlarsudrepilitussitthlevais)lat even after the publication of all facts, allegations excep.;
the Court howevergwas not of that o 1 '
nion. It was not competent for a creditor to file a bill in tphe tire to the credit of witnesses. But thin indulgence was
first instance against an agent, unless he could charge miscon- never granted, unless it could he shown that the exceptive
duct; no such charge was made here, or attempted to be made, plea regarded new matters or things 44 noshes ad naiitians
and therefore, upon very clear principles, the plea would have perventor" as regarded the applicant ; and it was also ne-
cessary to establish the fact that due diligence had been
exercised by him in endeavouring to obtain the evidence tie.
to be allowed.
cessary to support a plea in proper time. The Court was even
then reluctant to break through the rule of proceeding to the
conclusion of the cause; because It was clear, that to admit
new testimony on one side, after the publication of all the
evidence which was to be adduced by the adverse party, would
he to ' open wide a door for the possible admission of perjury,
anti the subornation of witnesses. In this case it was obvious
to the Court that due diligence had not, been exercised; and
without entering into the matter of Mr. Wood's affidavit more
particularly, it was shown on the face of it that he was suf.
liciently able to have communicated with Mr. Durant, and to
have obtained all the evidence it might . have beenproposed to
get for an exceptive plea, in the usual and due time. Besides,
this Court could not recognize (though aware that such profes-
sionaltimes necessary) any other than the Proctor as the respon-
siblehe was the " &mama Mir," and not the
assistance as that of a Solicitor in the country was some-
times
agent in a suit ;
attorney of his party. Under all the circumstances of this an.
plication, and on the matters stated in the affidavits both of Air.
Durant himself and Mr. Wood, the Court could not consent to
admit, at present, an exceptive plea, nor to rescind the conclu-
' sion of the cause, which it now assigned, absolutely, for sen-
tence. On referring, too, to the minutes of proceedings, it op-
peered, that so, long ago as Michaelmas Term, 1822, ilir. Du-
rant's party declared that he should offer no allegation, unless
exceptive •to the credit of witnesses ; and yet, at this distance of
time, it was sought to introduce an entirely new and eubstantive
plea.

COURT OF KING'S BENCH, Now. 3.
THE. KING V. YATEIL
This was a criminal information in the nature of a quo tear.
ranto, filed against the defendant, calling upon him to spew by
what authority lie claimed to be a free burgess of the borough
of Monmouth. Several pleas were put upon the record ; that
a meeting was regularly convened for the election ; that the
defendant was duly put in nomination, and that he was elected
by a Majority of the Corporation. The relator replied, that
due notice had not been. given of the election, that the right of
nominating candidates for the office of free burgess. was in a
select body, named the Common Council, and that the de.
fendant was not nominated by the Common Council, but by a
free burgess, contrary to the usual mode of nomination.
Upon the trial, it appeared that the meeting of the Corpora.
don for the election of the burgesses was usually convened by
ringing the Town Hall bell, and that notice of the sitting of
the Magistrates at Quarter Sessions was given in the same way;
that the day nn which the defendant was elected was the first
day of the Quarter Sessions ; that many of the burgesses did not live within hearing of the Town Hall bell; that the defen-
dant was put in nomination by a free burgess, and his election
carried by a thew of hands. The Jury found the defendant
guilty generally, and the Learned Judge who presided at tho
trial having been applied to by the Counsel for the defendant
to ask the Jury upon what count they found their verdict,
namely, whether because they thought the meeting was not
dilly convened, or that the nomination of candidates for the
office of a free burgess was in the Common Council, refused to
ask that question, and the verdict was entered generally.
On a former day Mr. Caarrnr.t.t. obtained a rule calling
upon the relator to shew cause why the verdict should not be
set aside, and a new trial had, upon the ground that the ver-
dict of the Jury ought to have stated upon what point the de-
fehtlant was found guilty.
Mr. Tatnrrox this day, in shewing cause against the rule,
contended that the evidence warranted the Jury in finding their
verdict upon both counts, and it was therefore unnecessary to
state upon what count they found their verdict.
Cross having followed on the same side.
Mr. CAMPBELL contended in support of the rule, that the
verdict ought to be At aside and a new trial had, as the pre.
sent verdict left no dclobt whether the meeting was properly
convened, or whether the right of nomination was in the Com-
mon Council.

COURT OF BURGESSES.
DEVICIENT WEIGHTS AND MEASURE&
A Court of Burgesses was held yesterday in the Bail Court,
Guildhall, Westminster, for the purpose of receiving the pre-
sentments made by the " Annoyance Jury," and of hearing
any appeals which might be made against the same,
'There were only two cases called on : these were, Vincent
Cutinore, eating-housekeeper, Carlisle-street, corner of Great
Chapel-street, Soho. One pair of scales deficient two drachms;
and four hall-pint measures deficient half 'a gill each.—
Fined 10s.

Thomas Agar, green-grocer, 63, Wardour-street, Soho. One
pair of scales deficient two drachms.—Fined 6s.
The other cases of tines, which are extremely numerous, gaud
over to the next Court-day.

The: COURT did not think themselves called upon in the
present case to give any opinion as to what body the right of
nomination belonged. They were of opinion that the evidence
at the trial was conclusive tiPon one min, namely, that due
notice had not been given of the election : when the law pre-
scribed no specific day for an election, the tinging of a bell
within hearing of which some of the Burgesses did not live,
could not be deemed sufficient notice.—Rule discharged.

Co.►r.s,-IVe understand that Docks will be
certainly constructed on the Isle of Dogs. The one termed
Fortune Colliery Dock, will, A is said, effect an important sav-
ing of charges, equal to the whole duty—clear the river of ob-
structions—and insure a regular supply of fuel, even in the
most severe winter.

ARCHES' COURT, Nov. 3.
This being the first day of' term, there was a numerous at-
tendance of advocates and proctors at prayers.
After the JUDGE hid come into Court,
E NRY VAN SALisnunY, LL. I)., of Trinity-hall, Cam-
bridge, Was (in virtue of a rescript from hit Grace the Arch-
bishop of Canterbury directed to his honour the Judge, the
Dean of the Arches) admitted of the number of advocates in
the Arches' Court of Canterbury, he having first duly taken the
oaths of abjuration and allegiance.

'IMPROVEMENTS ON TOE G ROSVENOR LSTATE.--
Knigliisbridge, on the South side, now presents one of the
finest row of edifices in the Western outlet of the metropolis,
which modern improvements have `brought to light. In the
rear, streets and squares are marked out ; but the most ex-
traordinary part of this revolution is, that a contract has, this
week, been entered into by 111 r. CUNnY, Lord GROSVENOR'S
architect, with the present proprietors of the Amphitheatre at
Westminster-bridge. 111 r. Cur4Dy undertakes to erect, by
the next season, a teritple upon the model of the Pantheon
at Rome, and upon a suitable spot of ground in the rear of Hal-
kin-street. .

DURANT V. DURANT.
Dr. LustimoToN, in this long depending case, applied for
permission to bring in an exceptive allegation on behalf of

LUCIEN 13UONAPATE is stated to have engaged
the whole cabin of the Crisis, one of the new
line of packets between New York and London,
and was therefore expected to arrive soon in
England.--(rimerican Paper.)

FOIL THE SUN.

MR. FAUNTLEROY.

Ma. EDITOR—The melancholy. circumstances
of this unhappy man's disgrace, and probable ca,
tastrophe, afford abundant matter for serious arid
important consideration. To see a man, wbfide
amiable and unsuspected character in society
be esattottitfied once
einbtyo soi mhnedteqpthnoioisoufrailbiflaenpervs2 oannsdj
plungedlel.l":lkd:d for the most ignominious sentence of the
law, if it.recal not those who are already tainted
with-guilt,may surely prove an eff,etual warning
to those who are only tempted to it.
Without dwelling Upon the horror of the
closing-scene which is to terminate his present
miseries, let any one figure to himself the agonies
of that man's mind whose only idea of good
seems to have centered In the estimation of the
world, who yet, for sixteen years, must have had
constantly before his eyes the possibility and pro-
babilityof such a sudden change as has at length
befallen him. He speaks in his confession, for
defence it was not, of his anxious days and sleep-
less nights, with a feeling which most strongly
marks the wretchedness of that condition. Most
contrary to all common Chances was it, that be.
should have escaped so long; and in any moment
through that extended period he might have
been reduced at once to the sitilation he now la-
ments. Here, then, are sixteen years of conscious
deceit, hypocrisy, and acknowledged miseryi
—borne for what purpose ? To keep up an out-
ward show of prosperity, and maintain an uncle-
served character in society ; to end at once in the ,
most ignominious tragedy. Surely it is a bad
master who so rewards his servants
We may see, too, in all this, how unavailing is
the principle of worldly honour, when not sup-
ported by any higher motive. The labour of
such a man's life is to cultivate the opinions of
men—to stand high in their estimation regard and
confidence; yet he can at the same time practise

hi secret such things as would, if any one of them
were known, immediately reverse their opinions,
change regard into alienation, and confidence
into contempt. Ile, in the meanwhile, as an au-

thor says, w hom such men too seldom consult,
" flatters himself in his own sight, until his
abominable sin be found out ;" and then unavail-
iug sorrow, shame, and misery are all that re-
mains to him. Nor does it evidently form a
small part of his suffering, that being detected in
one crime he is instantly suspected of a thousand
others, and perhaps openly accused of them.
This was clearly one of the most agonizing parts
of the present sufferer's misery. Base and ava-
ricious Papers, to increase their own sale, had
circulated the most atrocious calumnies respect.
ing his life and general conduct. They had im-
puted his acts of guilt to the worst at' motives ;
such as probably the writers of those calumnies
knew to be their only actuating principles. These
falsehoods almost drove him to despair nor was,
be half so afraid of death as of dying dis,_
graced, and odious in the eyes of men. To alle-
viate as much as possible the weight of this dis-
tressing idea, was all that he attempted, in what
he delivered as his defence ; intimating that he
could die comparatively contended, if he did not
die detested and contemptible. But, as for the
Thought of something after death,
That undiscovered country," &c.
Of this he seems, unhappily, to have had no feel.
ing, May he, even yet, come to a better mind",
and see that if he had so felt in proper time*, hop,
never might have fallen into his present wretch,
edness.

The cruelty of circulating such calumnies.
against a man, already overwhelmed with real,,
guilt, was strongly expressed by Mr. Justic4
PARK, and has on various occasions been so no:,
ticed by him. But why should not this be pre.
vented in future? Are our laws too feeble to
reach the offence ? or would it he an infringe.

meta of the liheity of Ow press, to enact that had
men should not trample nn the fallen, or heap.
new loads of misery on the wretched ? Surely a.
statute might easily be framed to inflict SOMO

penalty or punishment which might effectually
prevent the offence. Let a heavy sentence,- 1.„
care not what, even transportation, I* provided
for those who should publish nay thing agninst •
the general cliarncterof an accused person before
his trial ; that is luring the time in which Aye
humanity of our laws presume him innocent.—

t sto e '
hmisolNlteilottin4eYri
In arrest
_ ....
on the contrary, not only,
prejudice. Surely
e who are to pronounce
possible
et for him new crimes,
zulOiliiri)uedosrntiiipnillrilieort:slitt:
tiiwittluilmitilijucielli
tiviptseyrro:
yibirtisi),ltoi
oisissi
the Parliament, which has passed laws to restrain.
wanton cruelty against • brute animals, will find,
persons in it tostand up and devise a check upOtt
this most aggravated cruelty, practised against.:,
our own species—against our Brethren in
aml, this
rwearthi toitnfe nit
uabegrn beforesufficientent judgment, ateeapbpyhiscoun;4 trtnF7o. :
nnisfor:,
x.
roenjOtiliree Inuc4 to lied (as reported in one Paper) that, on this awful occasion he spoke of his feeling% as a Christian. and t 4%
ferred himself to the judgment of God, ti became a erson so ' titliis tia)treind.c—ipile'slt,at the writer ,of this article thought otherwise of.
nies which are swtiagsmOawtiing
in
zedthe following paragraph.
to a part of those detestuble cattail'.