Star.
London, England, 1807-06-11 00:00:00

L .11Y INTELLIGENCE.

SUMMER ASSIZES.
•
liertfouladre—Monday, July 00, at Hertford.
Fifes—Wednefday, July %eat Chelmsford.
Kent—Monday, July 2.7,ataidttone.
3ulT,s—Saturday, Aunt it r at Lewes.
terrey.—Wed, erd,y, A ugu ft s, at Croydon.
jutticcs—Th,.. Right !inn Sir James Mani&ld, Chief plaice
of the Court c' Common Pleas I Mr. Juttice Heath, uue ot the
Juftiecs of the fame Court.

COURT OF CHANCERY, JUNE xc.
CITY OF LONLY'N, MITFORD.

This was a bill filed by the LORD MAYOR and C.f.
potation of the 4 London, again 9 the defen-
dant, the affignee via Mr. Turner, a banktur, pray-
ing a fpecific eiecuti n of a leafe for 40 years, to be
renewable at the end of each linty years, fur ev-r,
of certain premifes in Bridge-tlreet, Biackfriars,
under and by virtue of a covenant, in a ccrtaira leafe
made by one Ger min, one of Mr. Turner's ancetlors,
ab rut the year 1733. The premifes are row partly
built upon, and partly covered with the bridge and
tatuiy, and fame of them coneitute a part of the
lirect or highway, leading to Blackfria; s-bridge.
Thefe premifes were let or fold by the City of Lon-
don, to the Committee rf Blackfriars hi id' e, in the
yea: 1763, without any communication with Tut net's
ant.etiors.

T:,e Rate of the premifes is quite altered from
.what it was at the time of the oriAinal leafe, under
which the city was bound, on their failure to per-
form the covenant in the leafe, to give up not only i
the premifes in quellion, but other premifts of their
own, lying near the former, in confederation of the
injury Mr. Gennon had otherwife complained of, by
means 4.f the city buildings. It is now impuffible that
the city, who have not Whiled their covenant, ac-
cordiog to the terms of it, can !Awe premifes ;
and ,the aftlgnees have a judgment at law iu their
a6tion against the city, by content, while the city
have, by the Court, and under the fame confent, an
injunaion againft the proceeding at law instil the
hearing.
The words of the covenant are, " that the City
than, on or before the expiration of the halt month
of each term of forty years, at all times, fur ever,
tender to the heirs of the lefflr, a leafe, with the like
covenant, as in the original leafe are contained ; and
that Such heir !hall execute the fame at a rent of 2Col.
a year." The city have (offered a lapfe of 3o years,
without terdeting fuch leafe ; and, on the death of
Mr. Tut:let's nr,ther, the halt leffor, in the year
SOO, her for, by his adignees, claimed one indivi-
ded moiety of the premifes, under the marriage fct-
tlement of his father and mother, and brought his
:talon ; the City filed their bill in tBo2.
Sir ARTHUR PIGOTT is to be heard to the points
fungetted by the Chancellor, on behalf of the city,
before judgment ; and the cafe excites great interefr,
as no cafe or precedent can be cited, which bears
direnly upon the quettion.

NRovrtiE AND •NPITNkR AGAINST THE GOVERNOR AND
COMPANY OF THE BANC OF ENGLAND.

To this cafe, Jilhua Browne and John Fitzgerald,
mariners, filed their bill againft the Governor and
Company of the Bark of England, and againft a
.Nlr. Calfemajor, the Prize Agent, dated to have pur.
chafed of the Bank, (lock to the amount of one
million ilerling, the value of bullion and bullion.
hats captut ed by the Plaintiffs and others, on board
the Duke privateer, in the year 1745. This Bill
prayed a diktovery if a large fum of this money, rit
sluicing in the Bank undifiributed, under a former
decree, to which the Plaintiffs were not parties, nnr
acquainted with the proceedings thereon. The Bill
itated, that the Plaintiffs had embarked tinder a
iiOnit3a to receive a proportionate (hare of the cap-
tures, att I that they had no pay or wages ; that they
had captured bullion and bullion bars to the amount
Of out million llerling ; and it was argued that the
agent, M:. Caffcmaj,,r, could not avail tn(nfelt of arc i

lapfe of time, fixty years, which was, by a demurrer
filed by the Defendants again(} the bill in this caufe,
contended to be a bar to the relief or difcovery
prayed for ; it was contended for the Plaintiffs, ton,
that a nutter, loch as the Prize Agent was in this
cattle, ought not to be allowed the benefit of the Sta-
tute of Limitations, by any analogy, in the Court of
Chancery ; another objeoion was, that the bill was
filed on their own behalf only, and not on behalf of
themfelves and others, whereas all parties interefted
should be brought bef,re the Court ; it was alfo ob-
je&ed, that the Plaintiffs might, under the former de-
cree, obtain all they prayed for here, and that their
bill Rated no proceeding at law pending, or intended
to be begun, and that there lay no aClion for them
in any shape.
Mr. Haar Rated, that by the aid of a difccvery
by this bill, they might maintain an aftion for money
had and received to their ufe againft Mr. Caffemaj ,r,
who Rood charged in the bill with continuing to re•
ceive, by reprefentation, the dividends of the money
remaining in Bank.
The LORD CHANCELLOR confidered it like a bill
filed to dircover the perfons againß whom another
bill was to be filed, and allowed the demurrer.
COURT OF KING'S BENCH, JUNE 8.