The Sun.
London, England, 1811-07-12 00:00:00

REPORT OF THE COMMITTEE.

itnimatieg to rll6 at 'the smile
nine, that he was convinced he expected to be paid
for attending on hint,
fied th it be know he had a
right to be . paid his (the Duke's) Exeeutor,).—
Dr. Home also swore; that be sheeld have rete.eived
the nuke of Qateetisberry- as:indebted to the plain=
Litt 10,0001. for his attend •tice.,
Mr. Serjeant SifErliEnD, for the defendams,
agreed'that this was a cage which, all prohabi.
Iffy, might never have come into Court, had it not
been that the actual deleedsnts were under age,
and that the Executors 61 the Noble Doke,' did
not feel themselves entitled to renounce: Their right
of objeeling •to the present unprecedented claim
-without submitting it to the Consideratioe of a Jury.
That the plaintiff in the present case 11:11 reed red
meritorious services; the hoe Ddke of Queens-1
berry, the present defendants were far. (rein dis-
potieg, but, as they had aheady 'evinced, would
rather be anxious to avow. They .were called
on, however, not to consult their sown incli-
nations, but to consider .what was fit to be
done on the part of the young yersons with
hose interests they were entrusted. It was,
therefore, his (Mr. Serjeauf Shepherd's) duty,
to 'submit to the Jury, whether, as appeared
to be the case, the plaintiff, in his proceedings with
the Duke, bad aeled on the idea of being remune-
rated by a voluntary lecompence, in the shape of a
legacy ; or, on the other hand, if he had aced
throughout for e reasonalde rate of hire ? If the
Jury should be-of opinion that the former was 'the
case, then could the plaintiff be entitled to recover
nothing under the, present action. An apothecary,
as such, waa entitled to no tee for his attendance.
He might, whenever he was so inclined, present his
bill, with a blank, but optional, eburge for attend-
ance; and his only remedy, if he W 4.. not Rat liked,
was not to renew his visits. If, on the other harer,
the Jury considered the plaint:lf to have comported
himself throughout as a creditor, and no, :s tin ex-
pedant, then they would find him entitled to a red.
sbneble recompense' for its labour, Payment 19 an
apothecary by ail one iedHdual, at therate of
10001. per annum, of rather, as it was here cherged,
at the rate of !QUO. per annum, was what, he was
perSuaded, had neVet y. t emered into the Mind of
man to conceive. In his bill of particulars, the
plaintiff, who had all ability at
making, out an account of this kind,
liilll6elf •to be peculiarly expk.rt 'on the subject, by
dividiUg 2737 days, being the. hole ritimber which
he .(I,lr. Serjeaut Shepherd) could find in seven
years and a halt, into 9000 and odd days, or as ha
pleased to call them, visits. No Physician even, he
was satisfied, could. have expeaed to be patd'et welt
a rate. The defendants, however, should be satis-
fied with whatever the Jury chose to decide. •
Sir 'JAMES MANSPIULD, but for the admissions of
Mr. Douglas, in his Answer in Chancery, and ter
the evidence cif Dr. Home, where, he states -the
plaintiff's having been present when the late Duke
said that he was convinced he expected, and that lie
had a right to expect to be paid tar his visits and
for his trouble with the Duke, should have esteem-
ed, the present action untenable irra Cinut of-J4s-
was not aware that an apotheeary bad
any right to claim for attenlance; far less that tie
was entitled to stieftir it. In the peculiar circum-
stances et,the present case, however, a claim isten-
ed to have _been recognised, with pertinent
remarks on its nature and :extent, he left with the
Jury.
After retiring for a few minutes,. the Jury re-
turned ,with a verdid for the plafutifF--Darn es
7,5001.

The Committee appointed to inquire into the
causes' that retard tho,deciSion of Suits in the 'High
Court of Chancery ; Mind who .wr:re instrncted to
search the Lords' Journals, ouching all proceedings
respeaing Appeals:and Writs. of Error before that
House ; and altio to inquire into -all • the Fees and
Emoluments taken' by (he Lird High Chalic,..llor,
h;t4 jurisdia-tion of Chancenr, as well as from
Comuri,bions of Bankruptcy 3 and were empo..eered
to report their observations tfiereupon, toget her wit h
the Minutes of. Ole Evidence taken before them,
from time to time, to the House :—have-consider-
the tuatters to them referred, and. agreed upon
the following Report : .

Your Committee,'with a view to meet the first
ohjeet of tl,eir inquiry, viz. " the,Causes that re-
tard' till decision of Suits in the High Court of
Chancerx," thought it advisable, as a
step, to ascertain the present arrear .of business in
that Court, and before the appellant jgrisdiOon
of
the Housd of Lords ; for which purpose they called
Jacob crofts,- Esq. the Senior Deputy Register, and
from his exinination, as well as from the, papa''
which were ordered by.your Ci'mmitiea, and, de.li
yered in by him, it !wears that there are I[4
iodl causes now for hearing before the L 0 Chan..
cellor, seven of which were set down previous to
Trinity Term 1808, but have stood over from time
to time, at the instance of the parties ; and the rest,
with the exception of one in Trinity' Term 1808,
and four iu Hilary 1 sog, form an Arrear of Causes
which have not been c.iiled on, gradually accuthu-
lining from the last-mentioned Term to gie present

It also appears, that there are .in the same paper,
thirty-five Appeal,: did tivelle-heatings. The first'
Apptai Was set down in Michaelmas 1808, and the
6tst Re•llearing, in Trinity, thoB. .
There, are likiiwiitd Exceptions, lli.-murrers, and
other matters of that witnie siaildiN in the paper,
anibiliving in the w hole t6-titiy-nine, as will be seen
in the: Appendix to this report.
It is also right to observe, that the number of
Petitions to inattets of Bank loptey now remaiumg
to be heard by the Lord Chancellor, amounts to

yrutil the Evidence, your Committee. learn that
t ar.:. before the.MasteP ofthe R9llB 22.6 or igival
corn r ti, ti,ilrrten of which were aet .clown previous
ru Hilary Term 14310, and tourtcert others were set
down lo the course' of the year 1810; but it ap.
such causes Ime.been called on, and
have str7od over. at. the instance ot the panties.;the
rein Under of ,he causes standing for herring were
hr.t set down in the two tirst Terns of the present
year.

l'here are, besides, in. his TiOnour's papet, forty-
tour further DireCtiotiS.

COURT OF EXUIiI•QUGR', ICLY

THE ATTORNEY•OENRRAL V. CHARLES PAGE.

This wag a prosecution instituted by the IS. ()aril of
Taxes, and is of general iinportatiee,, ticOlatly as
a caw icm to money-lettiters, and as a notice to,bor.
reweig, that they are protected in demanding an al-
lowance and, reimbursement of the :t'roperty Tax,
on the payment of interest..

Mr. DAuNer,v, for the, prosecution, stated the
ease to. be, this.---The defendant ha% lug lent one
Kobcrt Wright, a fanner, Soot. on the mortgage of
his 'Nem; Mr. Wright regularly iiaid him -QOl. for
the interest halt yearly, and on claiming to deduct
the Profierty TaxOn each half yearly payment, the
dclemlaiJ, .on three different ,occasions, refused to
allow .the deduction ; and, at length told Wright, if
lie persisted in his demand, he, the defendant, b
call in the money; Wright finding
,he could get
ti
o redress,. stated case to the 'Board of 'fazes,
who thereupon dire6tecl the present prosecution.---
This was followed by the defendant's calling in the
principal money. Mr. Dauncey Stated that the pe-
nalties, if enforced to the full extent under this pro-
secution, were treble the`ainoutit of the pnneird
• money on each refusal, amounting together to 7uool,
But the dtgendant having ()tiered no defence, 411 d by
his Counsel admit ied the impropriety of his conduct,
a verdict, Wa4 entered tor the Gown ;n the reduced
penalty of 4001.

THE AVORNEY-GENBRAL V. JOSECII DALES.

This tvas an information tiled by the At [coney-
General at theinstance of his NI i . Commis-
sippers for the liflitirs:al I.2ga:nst the'detett.
dant, Joseph Dales, zr broker, tor the penalty ni
incurred by his having, in making a distress ft.,r
rent due to .une Henry. Clark Grainger, the land-
lord, refused to allow Jo..eph Walden, the tenant,
the snm of 11.41 v. being the landlord's properlynax,
charged on and paid by Walden for two small tene-
ments in Upper Thames-street and Elbow-lane.

Mr. DAVNcEV, the Counhel for the Crown, hav•
nig proceeded to state the fads 'in upport of the
prosecution, the defendant, by.1)19 COLOISeI, Obiay.
td, that he was convinced 61 ilk error, and that he
hat out any defence to offer in mitigation, except
thlt he acted 'under the express dimaion of the
ko,lloici, Grainger, by whom he was employed to
ot,train the rent, and who is not now to be
verdict for the Crown.

It tippeared to your Committee, upon searching
the Lords Journals, that a Committee of that House
was appointed the present: Session, to inquiie.and
report what IIIeaSLINS and previsions it any be ex-
pedient and necessary to adopt and estaash for the
more itxpeditious hearing :and decision of causes.
brought 11110 that. House by Appeals and Writit
Error ; anti in the Report made by that Committee,
it is -staled, that 20 Apra!s, and. forty-two Writs
of Errol-, ate now d4pigli.Wq; ih the House of
Lords.
Your Committee also dite6d a statement to be
Made out from the Journals of the House of Loids,
of the %vitae number 04ppealS' presented and de-
termined in elicit Session, from tbelear 1751 to the
present time; which will be found in the Ap-
pencli)t,

Your Committee also direeled a statement to be
tudde out from the Journals of the Honse of Loeds,
of the. whole number of Appeals and Writs of Er-
ror nuw standiug to be hord in that House, and
the dates when the same were severally Judged, and
the number. of Appeals and Writs'of .Error which
hive inward and stand fbr judgment, and how
10n,4 e.ich has b'esen standing fur judgment which
will alio be found in the Appendix.
kin pursuance of their instruaions, your Commit-
tee alsp.pr,oceeded to exlimine into all the Fees and
Emoluments taken by the Lord High ctiancellor,
in his jurisdiction of Chancellor, as well as (tom
Commissions of Banicroptcy'i and the evidence of
Mr. Pens:lm shetvs the annual amount of
the emoluments of the last nine years exclusive of
thns; which arise to the Lord Chancellor in his ca-
pacity as
,Spea,ker of die HouseOf Lords.
it will be lonnd,.that-,

From 14 April iSoi to s April 1302. ,C 9,926 12 7
Fro it 5 April IkO2 to-5 April 12 3 . . . t0,u1.3 j
From s April 1803 to 5 April 1804 10,447 5 6
From 5 April 18 4to s April 1805. . . 4).449 6 4
From 5 April 18e5 to 5 April Itto • • 9,390 9 7
from l April 1807 to 5 April 1.808 „ . ty,690 17 I 1
t rout 44A pril 1838 tos April iS.:•9 . . . 10,935 2 6
From 5 April 13.9 to 54.11)1111313 . . 12,1,6 to
From 5 April iSio toss April ISI t . . 15,532 1j o

The examination of John Woodcock, Lig. Se-
cietary of li:inkripts, and of other uitiiesses,
in it great measure aficertain the diffelent
,sources•
front which the emoluments of the office atv. de-

A comriderable part of the emoluMents of the of-
fiee rif Lord. Chancellor is,.and, es youripommitte.e
understand, ha, been far a very long course of
years, derived ham lees nominally paid to the Se.
cretary of Bankrupts, but who 9CCOODIS for
.such
tees to the -Lord Chancellor himself, and is alio Aitti
by the Lord,Chancellor a certain fixed salary in lieu
of such nominal tees. Your Committee cannot see
this without observing, that it appears to them
highly inexpedient that the emoluments of any ju-
dicial Officer should be constituted in part of fees nut
ostensibly payable sta himself, but to an interior
Officer; At more than the proper fees should be
alleged to have been taken by tho Ministerial Otli-
cer, the complaint must be made. to firs superior, the
Judge of the Court, who would in that case have
to sit judgment upon sti:..h alleged al3uses, from
which, if they existed, he would himself derive
benefit. If it shouhl be Thought that any alterations.
Might be made in this respect; and if the salary prat
other emoluments of the Lord Chancellor, excin-
SICC
at such tees, should be deemed insufficient for
the office, your COMMilith! 'would suggest the pro-
priety of increasing the salary, and abolishing alto-
gether the tees in question, which, thought 40eYclu
nut appear to be of great amount in each Comm*

Plinted by IL kLH.tkkiS.atNo.4,Marellitt.cowt, Bow.gtfget i anti PebFihrii by WILLI AM A R E Seki,P PS, Sonth Malt'
At Ind S L'N Um.VICY, No. 11 V, Strand, *bum ildvetistrarnts, Orders for Vat) Pap r, for the lzditer , (polo:m*1), tut