Star.
London, England, 1825-05-12 00:00:00

LAW REPORT. ,

. .
COURT OF CHANCERY, MAY
Et-WARTE RENNET, MAYOR OF THE BOROUGH OF FOWET.
The arguments of Counsel in this case were concluded
on a former day, and the question stood over for the de-
cision of the Court.
Mr. HILA Lil now stated, that he had looked over the
case, which had been referred to by Mr. Montague,
and found that in specie they did not apply to the pre-
sent question.
The SOLICITOR-GENERAL and Mr. MONTAGUE also
spoke upon the point of la a, and in support of the Peti•
twit for superseding the commission.
The LORD CHANCELLOR delivered judgment at consi•
&table length, and stated his opinion to be that the corn.
missicn could not be sustained. The case decided in the
House of Lords, in principle, although not perhaps in
specie, resembled the present, and upon the ground of
variance between the affidavit for striking the
,docket,
and tfe affidavits in support of the commission, he
thought the prayer of the present Petition could not be
alio% ed. His Lordship read the affidavits filed on both
sides, and alluded to the circumstance that the peti-
tioning creditor was also the attorney and legal adviser
under the commission. He had more than once had
occasion to observe upon this inconvenient practice, and
it frspquen:ly happened that the Attorney, as petitioning
creditor, had an interest directly adverse to those to
whom he was bound to give 'his legal advice. Upon
looking at the bill of costs, which was the foundation of
the debt, he could not say that it WAS entirely free from
those political purposes which had been imputed at the
bar, as many of the items were of a very peculiar na.
cure. if a Solicitor chose to put himself into this situa-
tion, and to try experiments, he should be peculiarly
-careful that those experiments did not fail. On these
grounds, th, refine, he thought he could not support the
commission; and as this Court might exercise a discre-
tion to supersede even commissions which were good at
at law, it was not going too far at least to supersede
this commission.
Among the lunatic petitions presented this morning,
were several "ex-parte Fellowes in the matter of Lord
Portsmouth," and several 44 in the matter of Sir G. Page
Turner." They were applications for payment of money
to various individuals-on behalf of the lunatics. In the
latter case, the Lord Chincellor refused the applications,
because the alleged lunatic might still intend to traverse
the inquisition.

COURT OF KING'S BENCH, MAY it.
THE KING V. JOHN PENNY.
This was an indictment against the defendant for an
assault upon Lord Vaughan, son of the Earl of Lisburne.
The indictment had been preferred at the Caidigan Ses-.
sions, and removed by certiorari, at the instance of the
prosecutor, into this Court, and the defendant having
suffered judgment by default, now appeared to receive.
sentence. Affidavits were put in on both. sides, from
which we collected the follqping facts :—The defendant
was an attorney, residing at Aberystwith, in Wales.,!-..
He had obtained permission of Mr. Jenkins. a Gentle-
man of landed froperty in Cardiganshire. to sport oil hit
estate. On the 12th of August last, availing himself of
this indulgence, lie went with his dog and gun upon
the land. He there met Lord Vaughan, Capt. Vaughan,
and Lord Lisburne's gamekeeper. The litter immedi-
ately warned him off the estate. It se.med that the
title to. the land in question was in dispute, Mr. „Tonkin'
claiming it as his property, and Lord Lisburne dr
riving the tide under a grant from the Crowll.—.
No acts of ownership were stated on either side.—
The defendant refused to quit the land, and proceeded
in his sport. He shot some grouse' and as soon as the
birds fell, they were picked up by Lord Lisburne's
gamekeeper, When his dog pointed at other. birds,'
they were shot by Lord Vaughan as soon as they ruse.
This conduct produced irritation on the part of the
defendant, which was increased by some insulting lan-
guage alleged to have bemused by Lord Vaughan and
his brother; and in the heat of his passion, he struck
the Noble Lord with his stick. For this assaulr Lord
Vaughan indicted him at the Sessions, at which he
attended, with an intention of. pleading guilty, but 'he
found that a certiorari had been lodged with the Clerk'
of the Peace, whereby the indictment was removed
into this Court.
Mr.BROUGIUM addressed the Court in aggravation of punishment;
and Mr. DENMAN and Sir WILLIAM °wan were heard in mitigation.
The COURT, taking all the circumstances of the case
into consideration, and adverting to the fact that the
indictment had been removed into this Court at the in.
3t.nce of the prosecutor, whereby the defendant had
been put to the inconvenience and expense of travelling
a distance of 270 miles. then justice might have been
properly administered at the Sessions, sentenced the
defendant to pay a fine to the King of only 51. The
defendant immediately paid the fine, and was discharged.
THE KING V. CARLTON AND OTHERS.
will' be resollected that in Hilary Tom, 1821., is,
Rule was obtained, calling upon the defendants, who
are the printer, publisher, and proprietors of The British
Cross Newspaper, to shew cause why a Criminal Into,.
elation should not be filed against them for a libel,
which appeared in thit Paper, refitcting on the cha-
racter of Sir George Chetwynd, Bart. M.P. In the-
Easter Term following, Counsel were heard aga nst the
Rule; and in the following Term, Mr. Attorney-Gene-
ral was fully heard; and Mr. Russell heard in part,
in support of the Rule.
Mr. Rosana. reserved his argument in support of
the Rule, and contended, at considerable length, that it
was quite clear from the affidavits filed, that Sir George
Chetwynd had fully answered all the charges contained
in the and therefore the Rule ought to be
made absolute.
Their Lordships having consulted together for a few minutes,
The Loan Curer Junius said, the Court would take time sa
consider their judgment.
THE KING V. DUXELEY.
Mr. BROUGHAM mos ed. for a Rule, calling upon the
defendant, who is' the Printer of the Sunday Herald
Newspaper, to shew cause why a criminal information
should not be filed against him. fur a libel which an-
' peared in that Paper, refl•cting upon the character of
the Rev. Mr. Cooper and his wife. The Learned
Counsel then read. the libel, which was contained in an
affidavit alleged to have been sworn by the manager of
an estate in the West Indies,. charging Mr. Cooper, who
was a Missionary in one of the West India Islands, lam
the estate of Mr. GR.orgeHibbei t, N ith cruel, y towards
the Negroes, in charging them with having stolen
brandy, which he and his wife drank, and with having
gotten one negro punished for that offence:—wish hav-
ing sold to the negiOcs stigar given to him, by the owner
for their use—with having neglected their religious.in-

'minal intercourse hid been carried on between her and
tarpenter on the estate. rn support of his motion,
the Learned Counsel reed the affidavits of Mr. and
Mrs. Cooper, distinctly negativing the charges in the
granted.
THE KING V. SHACKELL.
Mr. BKOUGHAN had a similar application to Make
agaiast thp defendan•, for the same libel, which ap:
peared in the John 801 l SundAy Newspaper.
Mr. Jastiei BAti.av-4s it worth while to hie two informations
for the same libel ?
Mr. Baommtst—My Lofd. the comments o■ the libel in each
Paper are different, and this Gentleman has been persecuted by the
Jam Bull ; and each Paper asseria. that it has means of knowledge
which satisfy them of the truth tif the allldavit. An action would
have been brought, were it not tot some proceedings in Chancery,
which would have the effect of delaying the trial for a very bog
period.—Rule granted.
THE LITERARY FUND.

The anniversary festival of this Society was celei.
hrated yesterday at the Freemasons' Tavern. Sir JAs.
MACKINTOSH, M.P. was to have token the Chair, but was
prevented from attending by incrsposition. It was
therefore occupied in his stead by C. SAVILLE ONGLE%
Esq. M.P. who was supported by Lord Viscount
Strangford, Sir Samford R Ales, Dr. Copeland, Dr.
Yates, Mr. Shad well, K.C. Mr. Serjrant Rosanquet,
and several other Gentlemen of respectability. The
company, however, was not so numerous as we have
seen it on former occasions, but we have much pleasure
in stating that the Treasurer's Report was, notwith-
standing that circumstance, u iusually favourable.
After the cloth was removed, and the customary
loyal toasts were . drank, the Chairman proposed—.
Prosperity to the Literary Fund," in doing which he
apologised for his incompetence, through want of pre-
paration, to discharge tht duty which the lamented
illness of Sir J. Mackintosh had unexpectedly thrown
upon him; but he trusted that any deficiency on his
part would be supplied by the feelings which the toast
he then proposed was so well calculated to excite.
The toast having Seen received with great warinth,
Mr. Fi,zgeralct, according to his annual custom, as:
tended a platform, and recited a poetic address, of his
own composition, which was received with applause.
His health, and the healths of several other Members
of the Society, were then drank, amongst which was
that of Lord Strangford, who, in acknowledging the
compliment, assured ate company that he had always
considered bis services over-rated, and he then felt
them overpaid.—The proceedings of the evening were
enlivened by the excellent singing of Messrs. Broadhurst,
Clarke, Coll yer, Fitzwilliam, Scc. until about ten o'clock,
when the Chairman and most of the company retired.

Doctor YAMS read the Iteport of the Funds, and the
list of donations to the Society ; the permanent pro•
sperity of the Institution was stated to amount to
20,0001. Among the numerous benefactors, the.. name
of his MAJESTY, and his annual gift of 2001. were re-
ceived with loud applause. The list abounded with
many illustrious names, and several splendid donations.
The annual subscription of 101. from,t)lissLoutsA HOPE.
for the benefit of female authors, was hailed with uni-
versal cheering.

.

It is confidently stated, that Lord Mawrians.has ex-
pressed a wish to retire from the fatigues of office. The appoint-
ment of the Hight Hon. the Arsoasar-OsscaAL, asldisuccessor,
N considered to be a matter absolutely Axed upon. The SO.
untos-Orwroac it is thought, will be appointed to the distin-
gobbed °Mice of Attorney-General, and Mr. Serjeant Law aoT, to the
Mee of Solicitor-General. Mr. NORMA and. Mr. Dean me are
both spoken of as likely to succeed to the office of Serjeant at Law,
which will become vacant under the above circumstances.—
Addis Boostisig Post.
-The Earl of CHATHAM:it daily expected to arrive at
Portsmouth from Gibraltar; the Tams*, 42, Captain
G. H. Gums, having been directed to touch there on
her return from Lisbon. The Noble Earl comes home
on leave of absence, having now resided at his Govern-
ment'for four years, and has given great satisfaction by
the able manner in which he has discharged the duties
of his office. His Lordship has been peculiarly fortu-
nate in the presenmand able assistance of the Lieute-
nant-Governor, Sir GIORGI Dow, who held the com-
mand for seven years, daring the lifetime of 'his Royal
Highness the Duke of Karr, and to whom the country
is particularly indebted for the evraordinary improve-
ments which have taken place in that important fortress
since the year Me, as well as the admirable order in
which it is at present to be found. Sir G. Dow resumes
the Government on the departure of Lord Cwagrw Ma.
Letters dated the 2d of April were received yesterday
from Pernambuco. An order .had been received from
Rh for the recal of General LIMA, and for puttiag into
execution the sentences against the individuals con-
cerned in the late rebellion to the Essnaoa's autho-
.rity. A verdict of outlawry has been pronounced
against the late President CAtavaLHO and the other re-
fugees; and to the multitude, who were considered to
have acted under the orders of their superiors, a free
pardon has been granted. General ANTIKRO has been
promoted to the command of the troops, in the room
of General Lima. and Don Jose CARLOS is under-
stood to have been nominated to the Presidency.
ARRIVAL of St. )HR EMIGRARTS.—:Within the last
two months, no fewer than fifty unfortunate persons,
who are under sentence of death or banishment, were
compelled by the French Police to come to this coun-
try. They were naked, and starving, and it was
mediately resolved to render them the assistance which'
had been denied to them by the French Authorities.—
The funds for the relief of the unfortunate emigrants,
are now approaching to a low ebb. Three hundred
and upwards are now weekly receiving support, and
there dies not, at present, appear to be any pro-
bability of an important diminution of the num
ber of claimants. ' Yesterday the Committee met
to discuss the subject, the LORD MAYOR in the
Chair. They expressed their tease of the high advan-
tages given to the cause by that great engine for
the remedy of so many of the ills of life—the Public
Press After having agreed on the necessity of sup-
plying the wants of the new claimants; they came to
the following Resolution : The Committee regret
to state, that several more cases of extreme distress
have come before them, and that they have been com-
pelled to admit on their 1 sts no less than fifty persons,
the.greater part of whom have been under sentence of
death or banishment, and have been obliged to take
refuge in this country, by the forcible intervention of
the Continental Police; and though nearly ninety in-
dividuals have-been already permanently provided for,
yet those new and unanticipated additions cannrit be
contemplated by • the CoMmittee v. ithout considerable
alarm and anxiety for the vapid diminution of their
funds ; they, therefore. must again appeal earnestly
and urgently to the benevolence bf the Public." Be-
- • Commic separated, they found it necessary