The Sun.
London, England, 1842-01-17 00:00:00

LA W INTELLIGENCE.

VICE-CHANCELLORS' COURT, Jun. 15.
(Before the VICE-CHANCELLOR of ENGLAND.)

THE CORPORATION OF DARTMOUTH V. HOLESWORTIL
In this case a bill was filed by the Corporation of
Dartmouth against the defendant, Arthur Howe Holes-
worth, and the object of the suit was that the plaintiffs
might be relieved from the payment of a certain bond
by having it delivered up to be cancelled, and that an in-
junction might be obtained to restrain proceedings at
law upon that bond..
Mr. GIRDLESTONE, who opened the. case for the
plaintiffs, said that the bond in question was dated May
22, 1833, and had been given to the defendant under the
common seal of the Corporation, for the purpose of se-
curing to him the payment of the sum of 1,249/. Bs. 9d.
with interest. That sum was the amount of costs of
certain legal proceedings . which had been paid by the
defendant ; and these proceedings were taken on a quo
warranto instituted by the Attorney-General against
the defendant and others formerly members of the Cor-
p Oration of Dartmouth. The Corporation consisted
previously to the passing of the Municipal Corporations
Act of h certain number of aldermen, two bailiffs, and
and an indefinite number of freemen, the governing body
being composed of a Mayor and Councillors, amounting
altogether to twelve. The first charter constituting the
Corporation was of the 3d Edward 111., in the year
1340 ; and by an Act of James 1., the Mayor and
twelve burgesses were empowered to make by-laws bind-
ing on the. whole body. By a by-law passed in the
month of September, 1706, it was enacted that no act of
the Corporation should be legal unless the major part
of the governing body should be present, and unless ten
days' notice should have been given ,that a meeting of
the body was to be held. In the year 1829 a gentleman
of the name of Whitney was exercising the office of
Mayor of the borough, and the defendant was at that
time one of the aldermen. The defendant was a gentleman
of great influence in the borough, in which he possessed
considerable property, and which, previous to the passing
of the Reform Act, he had for several years represented
in Parliament. The defendant, at the time in question,
also exercised a paramount influence in the nomination
of the members of the Corporation. It occurred to cer-
tain burgesses and inhabitants of the borough that this
influence had been illegally assumed, and as improperly
exercised ; and a rule nisi was obtained in Michaelmas
term 1829 by the Attorney-General at the relation of
those parties, calling on Mr. Whitney, the Mayor,
to show cause why an information of quo warranto should
not be issted, calling upon him to show by what autho-
rity he exercised .his office. In Hilary term 1830 that
rule was argued and the rule was made absolute. It ap-
peared that Mr. -Whitney not liking to undertake the
defence of thOSe proceedings, Mr. Holesworth under-
took the defence for him ; and accordingly Mr..Holes-
worth authorised Mr. Robert Priddeaux, his private so-
licitor and the Town-clerk of the Corporation, to con-
luct the proceedings on his behalf. The rule having
been made absolute, fifteen informations were filed
against the Mayor and other individuals, two of whom,
of the name of .Newman and Rennels, were at the time
burgesses, but not aldermen. The defendant Holesworth,
who was an alderman, was also one of the parties. The
defendant undertook the defence to these proCeedings,
Samuel fliddeaux, who had succeeded to the office of

Robert Priddeaux, deceased, acting as his solicitor. yln
Trinity Term, 1830, judgment was given with costs against
:he Mayor, 'Whitney, upon the information filed against
him. It appeared that on the 1 lthJune, 1830, there had
been a meeting held by some members of the Corporation,
and a memorandum was- signed at that meeting by Mr.
Whitney, tho Mayor, by Thomas Newman, Henry
Holesworth, Joseph Parke, Edward Brooking, Robert
Holesworth, and Frank Rennels, who were all
lmong the individuals against whom the infor-
mations had been filed. That memorandum w,as to the
effect,-that the defence to the informations should he
left to the defendant. It appeared, however, to the
parties on further inquiry, that no defence could be set
,ip against the informations; and the consequence was
hat, after the defence had been proceeded with
to a certain point, disclaimers were instituted upon all
,he informations then pending, and the result was, that
judgment with costs was given against the defendant.
The costs amounted to the sum of 1,249/. Bs. 9d., and
those costs were paid by Mr. Holesworth. No claim
had been made upon the Corporation for the payment of
:hat sum, either by Mr. Holesworth or by his solicitor,
!Mal the month of April, 1833, although there had in the
meantime been many dealings between the Corporation
mid the defendant. In the month of April, 1833, however,
If r. Holesworth made out a bill of costs for the amount

of the expenses of the legal proceedings ; and thal bill
was forwarded, on the 15th of that month, to the then
Nlayor, Mr. Strong. On the same day a meeting of the
Corporation was held, at which there were but five mem-
bers preSerit, together with the defendant, who assisted
:here as Recorder, at which the claims of Mr. Holes-
worth were discussed, and a resolution was passed that
the subject should be taken again into considera-
tion at an adjourned meeting. Mr. Harkstone,
however, one of the aldermen present, refused 'to
sign that resolution, so that it had only the
.i?,-natures of the Mayor, and of three other individuals,
who were among the parties against whom the informa-
tions had been filed. On the 22d of April a meeting
was held, at which two gentlemen, of the names of
Codner and Harris, were created aldermen; and on the
!Gilt of May, 1833, another meeting was held at which
eight aldermen assisted. At that meeting a resolution
was, passed to the effect that-the town seal should be af-
fixed to a bond, for the purpose of securing to Mr. Holes-
worth the amount, of the legal expepses he had incurred.
It appeared, however, that Memrs: Codner and Harris,
two of the, gentlemen present, had 'refused at first to sign
the resolution ; but their scruples were removed by
certain representations made to them, but which it was
contended were false. Theyi were told among other
things that Counsel had been consulted, who declared the
legality of Mr. llolesworth's claim, although there was
no evidence that that representation was true. The
Municipal Corporation Act was subsequently passed, and
the: consequence was that the new Corporation refused
to pay the amount of the - bond. Mr. Holesworth
brought an action before the Court of Queen's Bench
against the Corporation for its payment ; to that action
three pleas had been put in. Those pleas were over
rule t by the Court, and the question at common law was
therefore disposed of. But the Corporation came before
this Court on their equitable claim. It was contended
that they had no right to pay the amount of the bond.
At the meeting at which the bond had been granted it had
been represented that the sum was a deb t owing by the Cor-
poration to Mr. Holesworth; That the expense had been in-
curred at the request of the Corporation, and that Counsel
had been consulted as to the legality of the claim. These re.;

presentations, however, were, false ; and the members
who empowered Mr. itolesworth to conduct the le'al
proceedings had not acted as a corporate body, and a
sufficient number of the Corporation had not . been pre-

sent at the proceedings. The plaintiff was not, therefor(

entitled in equity to the payment of the bond.
Mr. WAKEFIELD having argued at some length against
the application made to the Court, on the ground that
there were no equitable grounds for refusing to the de-
fendant the sum he had expended, and which had been
insured to him by the bond, the further hearing of the
ease was postponed till Monday.
(Before Vice-Chancellor BRUCE.)
His Honour did not sit to-day, in consequence of a
Privy Council at Windsor.

SOUTHAMPTON, JAN. 14,—The Dee, West
India mail packet, left Southampton with a large number
of passengers at one o'clock this afternoon. She will re-
ceive the mail for the West Indies, Mexico, and New
Orleans, at Falmouth, on the morning of the 17th inst.
- We believe it is now no longer secret that Sir
Robert Peel has been compelled to succumb to the mo-
nopolists in the Cabinet. Whatever intentions he might
have of proposing a change in the Starvation-laws, in
some degree approaching to the public expectations, have
been so pared down and modified, as to be no longer
objects of alarm to the Buckingham and Knatchbull
section of the Cabinet, and consequently will be impo-
tent for good to the interests which are crushed nearly
out of existence by the pressure on their energies.
RYLEBONE VESTRY.--Oh Saturday, at
the usual weekly meeting of the Vestry, it was agreed,
on the motion of Mr. Gomm, that the poor in the work-
house should, on the day of the christening of the Prince
of Wales, be treated to the same luxuries as on Christ-
mas-day. Mr. Joseph moved that the out-door poor, up-
wards of 6,000 in number, be also on that day of general
rejoicing supplied with the means of festive enjoyment.
The motion was opposed by Messrs. Gomm and liirlyon
on the ground of the want of precedent, but was eventu-
ally carried. It was also agreed, on the motion of Mr.
Foster, that a holiday should;. on the happy occasion, be
allowed to all the poor persons in the employ of the pa-
.tish, without any deduction being made from their wages.
Mr. Clapp then moved that all the poor-rate payers who
lint distress warrants in their houses fOr the non-pay-
ment of rates should be exempted from the payment of
these rates. The motion was lost,. Mr. Gibson having
carried, by 17 to 11, a motion for proceeding to the next
business of the day.
Thirty-three ton.: of sugar, made from potatoes,
ere lately seized in some premises in Prince's-square,
St. George's-in-the-East, where more than twenty men
were at workin the manufacturO of that article, which is
sold by the grocers with a mixture of the aSt India
produce. All the men pretended extreme ignorance as
to whom was their employer. 7. • - - •