The Sun.
London, England, 1818-03-16 00:00:00

LAW INTELLIGENCE.

COURT OF CI ANCERY,-.MAKcit 14.

TUE PRINCESS OP WALES V. LORD LIVERPOOL AND

COUNT MUNSTER.

The SOLICITOR•GENERAL.—When this motion
was last before the Court, your LOrdship was so
as to allow it to stand over till this'motn-.
in order that the defendants might produce
further affidavits in support of their motion. I
now hold iu my hand an affidavit of Connt Mun-
ster, which details the facts of the-transaction, and
s hews the indispensible necessity for the proenc-
tion of the deed.
Sir SAMUEL HOMILLY.—I appear, my Lord, in
behalf of her Royal Highness the Princess of
Wales, and 1 sincerely witzh your Lordship would
allow this motion to stand,over for the present.
I have certainly seen and react the affidavit al-
hided to by the Solicitor-Genral, which goes
into the whole merits of the case, and on that ac-.
count requires the deepest consideration. Its would
be materially injurious to her Royal Highness to
hive the merits of the case anticipated ex parte ;
and I should, thtretore, wish it might stand over
until the next Seal, in order that some communi-
cation might be had with her Royal Highness,
respecting these facts, which, I ant persuaded,
must be solely within her own knowledge.
The LORD .CtiANcrLLOR —Before 1 allOw the
case,to stand over, it is necessary that I should
see the affidavit, and judge whether the facts de-
tailed in it are of such importance as to justify
me in granting you so lovg a delay. I shall be
able to read it between this and Toe'sday next,
and on coming into Court that morning I shall
tell you my opinion.
The SOLICITOR GENRRAL said the affidavit bad
been handed the preceding evening to the plain-
tiffs Solicitor. It was not a long one.

Sir S. ItomMtv.—The affida‘it, 1 admit, my
Lord, is by no means long, for any person may
read it in three minutes ; but nay objection is to
the merits of the case being detailed, and judged
ex parte; and .1 am sure, when your Lordship
has seen it, you will give us time to answer it.
The SOLICITOR GUNERAL.—Sir Samuel says,
that this affidavit goes to the met its of the case
I do not understand that it does, and I submit
that it does not. It merely lays open the reasons
operating upon .Count Munster's mind, to ask
your Lordship that be should inspect the instru-
ment in qnes•ion, before he is called to put in his
answer. Winh respect to, the merits of the in-
strument, and the time it was given, th-e affidavit
does not point at any thing of the kind; but it
relates to facts which Count Munster thinks it is
proper he should state, to shew the necessity of
his seeing the instrument before he puts in his
answer. It falls in with what your Lordship said
on a former day, and does not go heyOnd the line
you laid down. There was a delicacy on the
part of Count Munster in making; so full an
davit in the first instance as your Lotilship has're-
quired, as he was in hopes that the generality
of his affidavit would have been sufficient be finds
it has not, and be has been compelled to go more
particularly into the circumstances of the case.
Sir S. Romrt.LY.—When affidavits go so vitally
•iuto the merits of a case, it is proper that all par-
ties should have a fair opportunity of examining
them.. if I understood your Lordship rightly in
the opinion you gave when the case was last be-
fore you, all that was required was merely a posi-
tive declaration, by affidavit, on the part of Count
Munster, that the productions of the second deed
was indispensibly requisite to him, in order that
he might discharge hit duty faithfully to the in-
fants. Instead, therefore, of going into this long
detail; his affidavit might have been in a few
words, such, for example, as those in which he
-concludes his present affidavit, " Tlrs deponent
said), that he is advised by his counsel he should
see the two instruments referred to in the Plain-
tiff's hill before he pots in his answer." I
stood this to be all that your Lordship asked him
to do,

The LORD CHANCELLOR.—Not exactly so, Sir
Samuel, fur I
,think the affidavit very properly
details the facts of the case ; because I thought it
the"; necessary that the grounds on which the
production of the second deed was called for
should he diem) to the Court ; but I think the
fairest way for all parties will be for roe to take
borne the affidavit., which I sh4ll carefully read
over on iNlonday, and on Tuesday morning I shall
tell you what I think upon it. Till then it is bet-
ter to avoid all further discussion.

WOOD V GRIFFITHS.

In this long litigated eanse, ‘s,,ich we have re-
peatedly' reported, the Lord Che.nviAlor finally
gave judgment in favour of the plaintiff (Sir Mark
Ifood), and sail he should consider the question
of costs on Tuesday.

ESSEX ASSIZES.

CnELNISPOII.I), Frtv.ly, MARcpt 13.

EXTENTS IN AID.-PIiLLPOT V. MORTLOCK AND

OTHERS.

This was a case which excited a great deal of
interest in the county, and is certainly one of ge-
neral importance to the community. It was an
action upon the case, for wilfully, maliciously,
and without any reasonable or probable cause.
suing out an extent in aid against the plaintiff,
whereby his complete ruin was
,effected. The case
of the plaintiff was conducted by -Mi. GUIiNLY,
Mr. CURWOOD, and Mr. %VAcrortn, and that of
the defendant was conducted by Mr. Seijeant ON-
SLOW, Mr. MARRYATT. and Mr. BARNE4WELL,.

The outline of the cise on thi port of the plaintiff
was this plaintiff was a respectable farmer
and maleseer, with .a large tainily of infant slid-
dren,„ residing at Thompi, in this couney,jand the
defendauts. were bankers, carrying on business
at Cambridge, and at Bishopstortford, in Hert-
fordshire, being also Receivers-General of certain
.Kink's dudes, and in that capacity ruder sectuity
to the Crown to the amount of ninety thousand
imuitOs• The plaintiff had kept cash widi the de_
.luptlants, and had overdrawn his account to
the amount of 6601. For. the purpcse of securing
t:,e Oefendants, to this sum he given them 4
promi sury no:e pliable on demand, preparatory
suh•tanti,ll sernri[y, into Which he alter-
d entcred—urnucly, ntottga,;e upon his laud-