Star.
London, England, 1806-07-26 00:00:00

LiflP INTfLiIGENCE. •
COURT OP CHANCHILY,. JULY $4.
-ctiffiwoitTiee

Mr. Ri.CHAILO moved the Lord Chant'.nor that
his Lordlimp,wriuld be pleated to ctreft an aut., for
,tUe "purpofe of having the caufe tried over again, on
the (nixie& of the Will of the late Lord Chcdworth,
on the queftlon of the teflator's fanif y, at the time of
executing his Will, the former trial having taken
place before Loral Ellenborou4b and a Special Jury,
In Weliminller F tall, at the lalt fittings there, when a
sverdiet was found foX Mr. Wilfon and another, who
were the plaintiffs, and which was in favour of the
will. This motion was rna,le on behalf of the heir at
law of that Noble Lord, who 'critic(' the will.
The Loan CH ANC a LLCR Alerted, that he had the

honour of knowing the late Lord Chedworth as well
as any of the NO6le Lords who had been ermined
as witneffes in the caufe in the Court of Law, It
would be indecorous in him, as he was fitting judi-
cially in this cafe, to give tellimony in it, but if he
had been examined as a wiinefs, his evidence would
have been of an import fimilar to that of other No-
ble Lords who had been examined. However, his
Lnrdfhip dirt ted this motion to liand ovet for a
fortnighr, to afford the party an opportunity of pro-
ducing a fuller affidavit than the prefent one in fup-
port of this application.
coin V. SURRILL.

Both the Plaintiff and Defendant were partners
in the firm of Peter Case, Burrell, and Faller, Anc•
answers in ThroAmorton-fireet. This was an appli
cation for an injundirn, to rellrain the Defendant
from receiving the effc&; of the partnerfhip, and for
the appointment of a Receiver of thole effeds under
the authority of the Cotirt.
The SoLiceroa•Gar; seat., on the part of the
Plaintiff, laid, that a partnerfhip had been entered
into between the three perform mentioned, which was
to be determinable on a year's notice from any of
the parties; fuch notice had been given, and the
pa rtnerfhip, in confequence, expired- in May lafi.
Not wilhlianding this circumflance, the Defendant
bad already received 30001. 'more than his (hare of
the partnerfhip property ; and to prevent the effects
from being thus mifapplied, the prefent application
was made for the interference of his Lordfliip.—The
cafe of De Taftet and Bourdien had fettled every
doubt on the GINO ; and where partners could not
agree under loch circumfiances, it was a matter of
comfe to appoint a Receiver.
The LORD CHAINCELLO/..—" Is that cafe reported
any where
Mr. ALEXANDER." I do not know, my Lord,
but I believe not. I recoiled I moved on that oc-
cafion ; and the fad was, that one of the partners was
employing the effefts of his partnerfhip in a new trade,
which was carried on exclulively for his own benefit.
Mr. ROBELL for the Defendant.--.. My client de•
nies that he is indebted a cuticle Baling, and A ire It s
that he has only received his own capital and the fair
profit's from it ; yet I do not oppofe this ap-
plication, becaufe I think the appointment of a Re•
ceiver, under the circumliances of the cafe, the bell
expedient fur all the parties concerned."—/njundion

grarited.
FRIDAY, JULY 25.
This day an attachment was moved for, againft
Gentlemen interefl!cl in a Charity Eftate. for cutting
down timber contrary to a decree of Lord Hard-
wicke, Rill fubfilling and in force. They had peti-
tioned for leave to fell certain timber ; and on refe-
rence to a Matter, he had pointed nut what timber
fhould be cut; and what not ; notwithaanding which
,hey had cut down the trees prohibited. The parties,
very refpeeable men, fwore, that it was from mirsp-
prehention, and. want of attention to the Mallet's
memorandum :
LORD CH atscsisma.—l have no doubt that the
Gentlemen in queltion are very refpeaable and ho.
nourable men; but no miflake ought to find let's
in-
dulgence than this. The Mailer had exprehly pointed
out what timber was to be proftrated, and what ant ;
and it is admitted, that if they had read the Mailer's
memorandum with attention, the miff ake could not
have happened ; and before a man lays an axe to the
soot of a tree, he thould be fure of his authority, and
of his difcretion in the exercife of it ; becaufe no re•
pentance will fet the tree up again. If a warrant
were made for the execution of a criminal, and the
Sheriff were to hang an innocent man inflead of him,
it would be no excufe that he had not read the war-
rant with attention ; and the next thing to an Eng-
lithman is an Engifh oak. However, it will be
enough to enjoin thele Gentlemen from taking them
away, and they mutt pay the colts of the application.
GURNEY 0. LOWOMIAN• _ _ _

In our Paper of we noticed the fucceishil
application of the Plaintiff for an injunEtion to pre-
vent the tale of a publication by the Defendant% M.
titled, ."f he trial by Impeachment of Henry Lord
Vifenunt Melville, &c." The lubjeft was now again
adverted to.
Mr. PSRCIVAL" The dcfendantshave been advifed
to demur to the Bill ; atut we are dcfirous to have
the demurrer argued."
The LORD CNANCILLOR" I (hall have no objec•
tion to its being argued any way."
Mr. Foss LA li(ky (alfo for the Defendants.) "An
opportunity will be given to look mole minutely into
the cafes on which the Plaintiff relies."
The LORD CHANCRLLOIL" Bathurfi's cafe is the
only one, and you cannot alter it ; I have taken the
pains of to confidering the matter, and I am quite
litre I was right. I certainly had a flrong prepolfef
lion on my mind, when I argued the cafe of Bruce
and Bruce," (fee this cafe obferved upon in the for-
mer report) " that whete there was a legal title,
fuch title fhould be ellablifled in a Court of Law.—
Mr. Baron Thompfon was with me in that cattle,
and was fo obliging as to make much refearch to
furniat me with all the cafes, which my pradlice at
that time in the King's Bench wot.ld not have of
forded me leifure to have collefled. I was convinced
in my own mind, that the Scotch printer could not
have been enjoined, unlefs there had been a legal
judgment on the quellion, and no fuch decifion had
been obtained. In anfwer to this objeelion,my Lord
Eldon Lad, that ther.! had been a determination in
equity on the lubjeEt, and tilat loch a ref.'', not dif-
Imbed, was a luffi,ient authority when the lame
quellian came before the Court, although no verdiet
had been acquired. Lord E?l'ori at this time coati.
noes of the lime opinion, and f am bound undoubt•
edly by that tale, which proceeds on all fours with

•
the prclent ; only Cher: the Darhere of Kiln, fi.on had
emOarcd.her own printer, and snightleedilfbinedt&
lideted as the printer; there. was a deed poll. and
every formal circumstance w 14vnur of the Defen-
dent. But here Lord Melville was not .he winter
he did not. on the behalf of the Defendot,.
plain, that his vindication WAS not in due tine at,
nottoced to the public. The cafe of the Du slid; of
Kingllon was alfo argued before a very Learned
Judge, who was, in fa& the author of the work cawed
Buller's Ain t'ritu,' for. alai, ugh a difFeteat name
has been given to that admirable publication. it h..
well known that with Lord Debora it origitrare.i."
Mr. PIRCIVAL" Our application for rodulr,ence
is, to have it argued on an early day."
Mr. Fotiat•ave—t. It appeared to us more re•
fpeetful to your Lordfhip, to have recourfc to the
Court in this way. than to feel:, on motion, at the
next Seal, to difcharge the ord,r."
The LORD CHANCELLOR.—.. I will give you all the
facility to difcufs the matter you may dcfire, con-
Silently with the forms of the Court. I think the
application, in any way in which you pleafc to ilia pe
it, no difrefpeet whatever ; but, I am fore, the 11:!)
jell cannot he argued with more ability at any future
time."—( It is intended that it fhould come on alter
the excepti.e.s.)

MASON V. •RAIIITAGS.
This was a bill filed by the Plaintiff, who had pur-
chafed, by public auftion, an elate belonging to the
Defendant, for 80001. calling nu him to fulfil his bar-
gain, and give the Plaintiff a good title to the came
in intelV.on. The Defendant, it appeared, authorized
Mr. Bacon, an auftioneer, to fell an eaate belonging
to the Ddendant, by publicancti na ; and appointed
a Mr. Riling, a perin %lies font! have refereed a
power to mike one ufrecim tire part of the Defen-
dant. At the tile by,40Y09, the Plaintiff became
the purchafer, at 80001: . Vie liugioneer, after wai:-
ill !even minutes after bisofferopulied nut his watch,
declaring that he, yotild wait for other feven mi-
nutes, and, if no ad.rance was made, would Wile .
down the lot to the Plaintiff- He did to, again wait
ed two minutes longer ;and then, looking round.
among the perfons preterit, particularly direfling his
attention to the Defendant and Biting., arced if they
were all fatisfied ? when he knocked down the efface
to thepretent Plaintiff. learnediately afterwards Riling
informed the auftioneer that he was n-t fatisfied, and ,
that he had been mittaken in the Wind's, defacing
him not to complete the fele, by accep ing of the de-
potit money, or by executing the note in wiiting.—
This, however, alter fume time, the auftioneer did.
It was, however, (hated for the Defendant, that he
had mentioned to the auftioneer that he was refolved
not to part with his eflate under 9occl. r—that he
alto mentioned this circumilance confidentially to
the preterit Plaintiff, who, in far nom then mention-
ing his intention of becoming a put chafer, deelated
that he had no money for fuch a purpose.
Mr. PERCIVAL and Mr. Civet -yry,ued that the
Defendant was called on in equity to complete the
Plaintiff's title to the eflate.. They argued that fake
by auftion did norcome within the Statute of frauds.
But, liappofing they did, they Will maiptalned that .
the Defendant having granted to ,tsfv..J)acons the
auftioneer, a tight to fell liis_eateohat fate was corn
pleted the moment the himmer was lc:locked down,
when it was not in hie Dower, even on the pielump-
don that uniting was-effaitrlTti the coma aft, to dal-
folve it by. prnhibitibg the aultioiegrain'Bl4thit fo
it this,concluding furiteallty.• - ' 4 "•' , .
Mr. SOLICITOR Curate t., •on the rite "Gin ; ,
in maintaed that the Wes of land' by alu ou Wt e
dearly Within the letter of the Its-tote of tildklti t
least that there wa's Athing to• enable it:erten of
Equity to prefu'me ntherseife. This behig (ince •uit-
derttond., and it bet -alts clear that the writing re-
quital by that Itatilltetvas not a writing auhisrifin.v ,
r a file, but a Varifittg'ratifyinttlile Tale, either on th 7;
part of the proirietor, or his agent property audio.
riled ; and it being obvious that' the attain:leer coahl
not have granted this ratification, as agent for the
Defendant, after lie had deprived him ut all authrtii•
ty in that capacity, it folh.weit, of couiti, that the
tale was firuck at by the flatute of fiends. But, at '
all events, the Learned Cattail contended, that-the
condnft of the Plaintiff, as being. the c.mfidential
friend of the Defendant, was apt to put him off his
guard, and that he Oct-dine was rot entitled to thy
extraordinary interference of the Court.
The Loco CH AwClill.r.lt clefetrefl the farther hear•
1 ing till to morrow, having previnufly remaiked oil
the neceffity (hewn in the decifians of that Court to:
the Annuity Aft, and on Lord Liverpool's Al,f go.sv
ever repugnant the enaftments of there flatades
might feern to be to the general principles of eciully,
to maintain the written law of the land.
Beta,* m tc:G IN Vol.
This was a Petition of the Bankrupt, praying tl.e.
Court to order a meeting of the Commillioners, Cre-
ditors, lee. that the Bankrupt might have an oppor-
tunity of furrendeting hind-elf, and fubmittin to 11;,
examination, the time limited fur that pucpofe being
expired.
Mr. Owe', for the Petitioner, (lilted from his affi
davit, that the Petitioner was out of the kingdom
when the Commillion was iffued againa him ; that
the time for his firrender had been enlarged ; but he
had been in Rotterdam, endeavouring to recover a
large fum of money which watdoe to him, and he
was much delayed on his journey .ianst..:ooo•o
that he could not poll-ally rettwo,,within 4116.--t ..:..‘ •
The Learned Countel olderved, tttat alftwalliefe6: • •
Court could not purge him of the felonyOty,e.,?...si,
cafes.firnilar to the prefent, his LordThaplped the ' ,
power to make inch order. :la ---s • et
The LAIRD CHANCILLOR obfcrved, that a fineiate;
application had been made to him not long ago, nn '
the part of one Johnfon, a bankrupt ; upon which
occation lie was honoured with a correlpotidence with
Earl St. Vincent ; from which it appeared, that IL
man was engaged in a very important and merito-
rious fervice. He,. in that cafe, vs, ted the order a
but as he could not alto purge him from the felony,
he had his pardon prepared under the Great Seal.—
His Lot itihp then wanted the order, which ho con- 1
! fidered tit anJ ['toper.
sow]) CLIVI a*. Lnill, Finer.
This was a Tiellion upon the conit uSion of the
late Lord Chive's Wills and the Arroamar Gaas•
RAI. applied to rift off the heating to a future day, in
eonfequenee of the abfence of Mr. Wingfield, who
was particularly interetied on behalf of the minor,
and was obliged to attend Circuit. • •
The Caaaceatot granted the application. . 1

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