Star.
London, England, 1808-01-14 00:00:00

3. eh

COVRT OF CHANCERY, JAN. IS.
, • • 110A141 O. COWARD. Cr
This was the case of an application for an injunc--4i.
to stay the executiod of two contracts far annui-
ties bought at two years, and at one and a half year's
purchase ; the money produced by such annuities
to be paid into Court, until the determination of the
cause.
After Sir Sown RwaLLY and Mr. RICHARDS had

been heard,
The Loan Cirawczuoit said, that he had often
doubted of the principles of public policy defended on
occasions of thii kind. Lord Thurlow had remarked,
that the legislative provisions in such instances pro-
bably were not beneficial in guarding those they were
intended to protect. The Jurisdiction, however,
hawing been fixed, it did not lay with his Lordship
to decide if it ought to be exercised. He would say,
that in many cases it bad a bad effect on the morals
of young men, who were expectant heirs, and who,
if they were sometimes cheated by others, were not 'in-
frequently charged with fraud themselves. The
Court had not said that a young man should not
deal with his expectations, nor had the Parliament
said it; but this Court, on maxims of.public policy,
had thrown round persons so dealing a shield of se-
curity, with which it did not guard other contracts.
It was not only for the sake of the individual, but
for the protection of the particular family to which
that individual belonged—and the design was, that
the property should not be conveyed into the hands
of every Jew who would deal with them. A maxi
under the pressure of immediate want, without the
ordinary means of supply, stood in a situation in
which he might be tempted to sacrifice his best
Interests to his temporary necessities ; and so far
there was policy in the law when it says,. Abet if you
deal with the future expectations of a. party so situ-
ated, you shall shew t.e bargiht is reasonable
and provident. The case of Evans and Cheshyre was
one of great inadequacy, and there had been none
posterior of the like imposition.
Sir SAMUEL ROMILLY said, that it was a pat *Sit
bond, to pay two for one.
The Loan CHANCELLOR resumed. The facts here
were these : With respect to the first,. which was an
annuity for 1001. an advertisement was inserted in the
public papers, stating, that such an annuity was to be
-disposed of, payable out of a reversionary interest.—
It called upon all mankind to judge what they would
give by public auction for this annual receipt, to com-
mence upon the death of a lady of 61, if a gentleman
of 40 years of age survived her. The lot was put up
and no one was found to bid more -than two years'
purchase. Now, unless it were made out that the
auction was deceptive and fraudulent, his Lordship
could not say that an injunction should go—without
additional circumstances, there vbas not suspicion
enough to call upon him to interpose. In the other-
' annuity, there was the same option two years after-
', wards ; the income to depend upon . the lives of the
same parties. Only one and shelf year'srfrchase was
given ; the bidding was open, b-it thete. was no cost-
petition. His Lordship thought that ti;is, situation of •
things did justify the Court in examining into this
transaction, and for that purpose. granting an injunc-
tion ' • and in the mean time it would be reasonable,
that the annuity should be paid into Court.

• HARRIS V.
The Plaintiff is an infant, possessing estates in De-
vonshire, comprising seventeen manors, and produc-
ing about S,OOOl. a year ; the Defendant was his
Steward, and had acted in the same capacity to his
father.
Sir SAMUEL ROMILLY said, that the present appli-
cation was, that the Court might order . certain deeds
to be delivered up by the Dendant, which had been
improperly obtained ham the minor. The Learned
Counsel stated the particulars of five leases granted
for long terms, three of them for merely nominal
considerations, and two much beneatlithe real value.
In June, 1794, the Defendant was in London, and
informed the Plaintiff of his intention to marry, and
proposed to settle certain estates on his wife, if the
plaintiff would grant him leases on fair terms. The
Plaintiff answered, that two estates at undo
Devon, were at his service, and that no coati
but a nominal one should be paid for them. On
these terms, two of them were settled on the lady—
and both for these and the others all the writings were
prepared and executed under the direction of the De-
fendant. The Learned Counsel trusted that his
Lordship would be of opinion, that a receiver ought
to be appointed to the estates, as it was impossible to
be admitted that a steward should be benefited by
the bounty of an infant under such circumstances.
Mr. HART aid Mr. WETHERALL followed OR the
same side.

Messrs. Rick's/um and MARTIN said, that in a case
in which Baizeley had been Defendant, it had been
decided, that a might make a present to his
own Steward. I)trthoil: case the Defendant was not
only the Steward, but he was the relation and friend
of the Plaintiff (the father of the Defendant and the
grandfather of the Plaintiff were first cousins). The
whole donation to the Steward from this young man
of large fortune, amounted only to about 1321
annually. In November 1805, the bill in this cause
was filed—it had been amended twice since, and •
never before occurred to this party to pray for a re.
ceiver. The only tbject of such"an application must
be, to accelerate the hearing of the cause. On these
grounds, the Learned Counsel hoped that his Lord.
ship would consider, that there was no foundation for
this motion.
The Court having signified its readiness to take the
cause at any time, it was agreed that it should
heard immediately after the first day of Term.

A Duirc.—ln consequence of a snisunderstandini
which happened on Saturday evening in Oxford-street,
(respecting the late conduct of a great Military Cha•
racter) a duel took place between Captain L. -of
Royal Navy, and M. W. Esq. who resides near
Berkley-square. They agreed to meet on Monday
morning, at Wimbledon Common. Mr. W. conceiT
ing himself to be the aggressor, received the Car,
tain s fire, and then requested to know if he was •
tisfied, Captain' L. replied, that he was perfectly
o which Mr. W. then politely declined returning
fire, and went immediately, and took the Captain
eh:hand, after which every thing. Was settled in
most friendly manner.