The Sun.
London, England, 1834-05-29 00:00:00

COURT OF CHANCERY.-(THIS DAY )

JONES V. WATERS.
Mr. KNIGHT was heard in defence, and Mr. Sot,t-
ctroft-GENERAL in reply upon this appeal which occu-
pied yesterday. -
The LORD CHANCELLOR reserved judgment.
CLAYTON V. ATTORNEY—GENERAL, AND OTHERS. 7
This was a motion which stood for to-day by
pointment. pc,
Sir CHARLES WETHERELL appeared in support bi
the motion.

The LORD CHANCELLOR presumed it would occupy
a considerable portion of time.
Sir C. WETHERELL said thore was no doubt that 1$
would.
The SOLICITOR-GENERAL, for the defendants, con-
sidered it a very important case, and that it could not
fail to occupy a long time.
The LORD CHANCELLOR observed that he would sit
till five o'clock ; and, if it would be an accommoda-
tion, till seven this evelaing.
Sir C. 'WETHERELL stated, that in the present m°".:
tion Sir Wm. Clayton was the plaintiff, and the late
Attorney-General (Sir W. Horne) and the Lorda.
Commissioners of the Treasury were the defentiacts•
Although this had assumed the form of a suit in equib"!
yet, in reality, it was a petition of right to the Crown;
a petition presented upon the ground that the Peti-
tioners had the right to the renewal of certain leer'
The LORD CHANCELLOR wished to know whetnet•
Ca-
bitinweot uml
nbies
teeor ssihdoeurledd
hright t
htihs act
ahues,e,asw
ha i
cshi nignlveov
a question, as he understood, touching the personafl
interests of the Prince. He was merely a servant °'
the Crown, holding office during the pleasure of the
Crown • the King was interested on the one side, and
the subject on the other ; would it not be necessarYt
therefore, that he should have the assistance of a
Puisne Judge and the Lord Chief Baron?
Loi
Sir C. WETHERELL—This iS a petition, my
of right, which must be heard by the Chancellor.
The LORD CHANCELLOR—I am aware of that. Aro
you for the subject ?

_
Sir C. WETHERELL—Ye3, my Lord, I ant, tr, 1)6
The LORD CnAricELLoa—AVell, then, I a
' ...
interest
called upon to dispose of a very valuable interest,
which
is
don'tpeculiarly
go
the Duchy of Cornwall—it is private exempt property
of the crown, which the King may grant if he pleases-
ioto citrhcoumstan revenue,ced but If
iytoubeflauinl,gs tlitoe
The SOLICITOR-GENERAL—This is an application
to restrain the granting of leases.
those who have presented this petition to lis
Sir C. WETHERELL—It iS SO, u pon the ground that
majesty
have a right to the renewal: 131 'he _eady and

righ, ...v renewal ; int they are re,-
willing to take any course your Lordship may think fit.
The LORD CHANCELLOR—I really cannot help
ing that it may be said, if I decide against your clienti
no wonder that I so decided, because it was the
n deciding
icnroi
its
n owndeciding
favour
in
throughit own ift as voowu rn—s
etanco
ow
Sir C. WETHERELL—A petition of right addressed
to the crown, is founded upon these principles, that al-
though the subject may have no legal claim against the
crown, he may have that equitable claim by which the
tr.
crown is bound ; or, failing in that, the petition i$
founded on the ground of moral justice.
it
The LORD CHANCELLOR—I shall hear you argue
upon that, but my view at present is, that a case h.ft''
tween the crown and the subject stands precisely. .ett,
the same ground that a case does between subject en"
subject, with this exception, that the process in the
case of the latter, issuable out of the Court, is e°111;e
pellable on the defendant, being a subject, but tha
in the case of the subject against the crow'
the proceeding is by petition, the crown agrge-
the
ing to kthat which is not compellable on
Crown, but which would be compellable on the
subject. As you desire to proceed I shall hear you,
and I shall endeavour to discharge my duty without
the least regard to who my master is but a questi°ll%l,e_
wears the Crown for the moment. I
this sort is peculiarly interesting to the individualf who
supposing that any prince in this country woul eventsi lc;
ill of a judge for deciding against him ;at all 1,1
am perfectly convinced that the present King Iv°u
•
be the last to entertain such a feeling. the ease
Sir C. WETHERELL then proceeded to open
at length. am very far
br.onn.