Star.
London, England, 1826-08-08 00:00:00

Avains 7.

remarks tVs
judginenr. It is
Ir.Tegg, in publish-
pirated, and copied
from the tncyclopgdia
'-intiff. His Lord-

ship hiving adverted to the arguments which have been
urged for and against an injunction to restrain the de-
fendant in the publica►ion of his work, gave the parties
leave, if they thought proper, to make affidavits, stating
how far those parts of the defendant's back, which were
said to be extracted from the plaintiff's, were Or were
not copies. If they did not think proper to make such
affidavits, his Lordship said he would give his opinion
on the case.

Mr. Hoists said he would take a day or two to consider.
NEWERI V. BRIGGS.

Mr. HEALD said, this was a petition praying that the
order of the Muter directing an account to be taken of
the real estate of Harriet Heading, with a view of set-
tling the same on herself and issue, might be discharged,
on the ground that the infant was married, and had no
power to possess the property.
It appeared that the young Lady, who had 2001. per
annum from real property, was in 1811 made a ward
of this Court. Her mother, who was appointed guar-
dian, died some time after, and Mr. Briggs went off
with the young Lady to Gretna Green. They were mar-
ried; and, coming back to London. the banns were
published for the purpose of having a legal marriage in '
England. It did not appear that the lovers were re-
married on that occasion, but they have since been mar-
ried. The Trustees of the infant's property then applied
to the Lord Chancellor, praying his Lordship would i
decree such provisions for the protection of. the infant'
and her issue as might appear Ott and necessary. The
Court made an order, that it be referred to the Muter
to make provisions for the infant and her issue. The
Master proceeded with a settlement, and the opposition
to his order was, that the Guardians and Trustees of the
infant had acted with unjustifiable hostility to the hus-
band of the young Lady.
The LORD CHANCELLOR was of opinion, the Court
ought to secure the young Lady's property against a
husband who had married her ander the circumstances
of this case. If the. property was fairly settled, their
marriage might be happy ; if unfairly, it would be
miserable.

The Petition was ordered to wind war, with, the consent of
Counsel an both Wes. for art prime 0. gaining the consent of
Kr. Brisp to an honourable oldollolla a ail wiles property.

CONST V. HAMILL
The Leas Catameemes said he would Live judgment le dils case
11111111031 w.

VICE-CHANCELLOR'S COURT, Anon 7•

LIABILITY OF A PARTNERSHIP !STAYS FOR Tilt AC•
SWANS' OF 011 PARTNER...MI PARTS BOHLDINI3I
Ili Till MATT'S!! OR O'NRIL AND MARTIN, BANKRUPTS.

This was an application to prove a debt under the
commission issued against the bankrupts; and the main
question was, whether the partnership estate was liable
for the amount of a bill accepted by one of the partners,
in the name of the firm, but for a private debt of his '
own, and arising out of a business in which he had been
engaged before the partnership commenced.
Mr. Homes, for the endorsee of the bill,contended that
the estate was liable; that the transatcion was bonaids,
for no fraud or collusion was even insinuated on the
other side. The bill was drawn on the firm in the usual
way, was presented at the countinghouse of the part-
ners during the usual hours of business, and was ac-
cepted by one of them is his own name (but no objec-
tion arose on that account, for it was not at all uncom-
mon between partners), and it was made payable at the
house of their banker in London. Under these circum-
stances, he submitted that the partnership estate was
liable for the amount.

Mr. LoWnDsa, on the other side, oaten ied that proof
of the debt was inadmissible in this cue. It was posi-
tively swore by the second partner Martio..that Vie bill
was accepted without his knowledge or concurrence,
and that it was not for any debt of the firm, but for a
private debt of O'Neil's, contracted before the paitner-
ship commenced ; and that the moment he (Martin) dis-
covered that it had been accepted by his partner, he
Ire notice to all the parties that it would not be paid.
r.Lowndes then cited several cases at common law,
in which Lord Kenyon and others had held, that the,
endorsee of a bill accepted by one partner of a firm, was'
bound to give some evidence that it was for a partner-
ship II
debt. or accepted with the knowledge of the other
partner, before it could be proved as a debt against the
estate. Lord Kenyon, in one case, had observed, that
the liability of partners in many cases.,was carried to
great lengths, but he thought it would be going too far
to say that a man was liable for whatever bills his part- i
ner might accept without his knowledge. and consent,
and for private purposes of his own. Uader these cir-
cumstances, he (Mr. Lowndes) hoped his Honour would
not allow the proof of the debt.
Mr. Horn bridly replied, after wbieb
The Vice CIIANCIILLOIL said, that the case, though
lying within a very narrow compass, was one of para-
mount importance, from the extent of interesis which
its decision might involve. He would therefore look into
the cases cited, and give his judgment on a future clay.
He would, however, observe, that if the cases were as
he had heard them read, he thought they were sufficient
to establish the principle, that a party seeking to prove a
bill accepted by one partner, was bound to show some
concurrence on the part of the other.
Judgment deferred.

Last week that ancient instrument of punishment,
The Stocks," belonging to St. Clement's Danes, in
Portugal-street, was removed from its situation and
destroyed, for the purpose of improvement of the streets.
These were the last stocks in the streets of London.

OnSt. Swithin's day (15 July) a new Spa was dis-
covered in the immediate neighbourhood of Moffat,
which is considered, by professional Gentlemen and
others, to be one of the strongest known in Scot•
land. The discoveter's name is Mr. W. Walker; and
should the Spa get into good repute, as we have very
little doubt it will, we hope this circumstance will be
duly recorded. At present it fills a quart bottle or so
in a minute; and in taste and odour bears a strong re-
semblance to the celebrated Harden Spa, whose sani-
tary qualities are well known ; but, were a little cute
and pains bestowed, the quantity of water would pro-
bably be increased. On Mr. Walker's second visit to
the spring, he found a number of vond-pigeons derred
in the cavity of the rock from which it oozes, all of
whicl), though they fled at his first approach, returned
in the course of i few minutes, and hopped about,
within a short distance of him, as if waiting their turn
to drink unmolested.

LAW REPORT.
--/mor;.•
COURT Or.CiticßOßY, Aver
lifAwidAN R Tn..
The Lean-CotAticata.on made' Softie
morning on this case, butdid not gi4e ju
a question whether the fendant,lidr.Te
ing his London Eacyclopsaa, has pirate,
divers definitions and illustrations from the
MaroPontaira, published by the plaintif