Star.
London, England, 1819-08-12 00:00:00

LAW INTELLIGENCE.

COURT OF CHANCERY, AUGUST 11.
THE QUEENSBERRY CASE.

In this cause a petition was presented from Robert
Anderson and John Barber on behalf of themselves,
and all other persons who had brought forward claims
as lessees, on the estate of the Duke of Buccleuch
and Duke of Queensberry, praying that all the lessees
"of the testator, whose leases were liable to be reduced
in consequence of the late decision of the House of
Lords, might be at liberty to file a bill, or to insti-
tute an action at law, for determining what damages
they were or might be entitled to on being evicted
from such leases, or that the Court would direct
such other inquiries as it might think proper to be
made, in order to ascertain the amount of damages
to which these lessees might be entitled. There was
another petition, totidem verbis, on behalf of the lessees
on the March estate.

Mr. WETIIERELL and Mr. BARBER supported the
petitions, and contended, that since the House of
Lords Wad decided that some of the leases were not
good, a Court of Equity was bound to give a com-
pensation to such of the lessees as were to be affected
by that decision.
- - - -

Sir A. PIOGOTT said, that no one could look for a
moment at these petitions, without discovering that
they were subjects of very great reprehension. In
fact, the petitioners might just as well have filled
their petitions with the ballad of " Chevy Chase,"
and The Babes in the Wood," as with the matter
which they had introduced to his Lordship's notice.
This certainly was the first time that he had heard
of people petitioning for themselves and all others, in
a case too where each individual claim was different.
Might not any one of those lessees whose leases were
not yet reduced, say to the petitioners Anderson and
Barber, " Who gave you authority to present this
petition for me?" Besides it did not appear that the
petitioners had any claims, for they had not yet been
declared creditors of the estate. Thus the Court was
called on to declare them creditors a priori, and
without any inquiry respecting their claims. It was
surely unnecessary for him to state to the Court, that
the question quantum damnificatus could not be de-
termined till the claim to damages had been prove:; ;
and in the present case the decision of the House of
Lords had not made the claim of the petitioners a
resjudicata.
The LORD CHANCELLOR said the I-louse of Lords
had decided, that every lease of 57 years should he
reduced; but that it had refused to determine, whe-
ther or not the other leases wei e good. All it did
e.ith respect to them wets to determine that grassums
could not be taken between the landlord and the te-
nant: and the case was sent back to the Conn of Ses-
sion in Scotland, with directions to apply this prin-
ciple to the other lea.es. He thought the best mode
of disposing of those petitions Would be, to let them
stand over till the Conn of Session should have de-'
termined, by the application of the principle laid
down by the House of Peers, what leases we: e to be
reduced, and wh it. were good. The petitioners would
then come into Court, not to inquire what leases
were to be red aced, but what compensation was due
for those that had been reduced, which would form
a fit question to be referred to the Master.
The petitions were finally ordered to stand over till
the last day of 3i ichaelmas 'form.
Mr. Tesst.reeis presented a third petition in the
same cause. on the part of Lord Yarmouth and two
other residuary legatees of the Duke of Queensberry,
praying that the Accountant might be directed to
sell so much stock at present standing in his name in
the 3 per Cent. Consols, as would raise the sum of
£555,573.55. 6d. the amouut of claims on the estate
of the testator ; and that the Acco.setant•Gene:al
should be directed to lay out the sum so raised in
the purchase of Exchequer ills. The petition stated
that by the last !cant of the Master, the claims on
the estate were cstunatcd at £535.573. Sc. oid. while
the whole fund amounted to i.:1,220,139. The
Learned Counsel was not aware of any peremptory
rule that prevented the Court from selling Bank an-
nuities, and laying out tLe purchase money in Ec.
chequer Bills; and if by this means the property cf
suitors could be protected limn the effects of that fluc-
tuation to which the 1 ends were liable, he thought
these was a sufficient ground for such applications as
theAlresent.
Mr. WINCSIELD followed on the san:e side. Ile
was :mare that the intelect on Exc!!ecier Bills was
liable to fiectiition, according to the esigenc:es of
the state : but the proposition which he submitted to
the Court, in support of this application, was, that in
the one case there was a fiaceriation in the interest,
and in the other case a fiactuation affecting the pria-
cipal.--31r. SUDDEN was also heard in support of
the petition.

Sir ARTHUR PIGOOT, Counsel for the Legatees,
the Plaintiffs in the suit, w:is about to state his ap-
probation, if it could be done, when
The LORD CIIASCELLOR said, if he granted tbc
prayer of this petition, the consequence woe 1•1 be, that
wherever the funds were expected tofall, suitors w0r.141
beset him on all hands, begging him to direct the Ac-
countant-General to take their money out of the ts per
cent. consols, and lay it out in the purchase of Ex-
chequer Bills ; and if he yielded to the present ap.
plication, how could he refuse in any similar case in
future? This petition was in fact calling upon him
to change the whole practice of the Court. His Lord-
ship directed it to stand over along with the other pe-
titions in the same cause.

A POINT OF LAW SAVED !--.JAMES -T. of Great 11:1-
min, who loved both to hear and say things that were
humourous, had once a petition preferred to hirer,
which the petitioner, having set forth his owr. merits,
most humbly prayed his NrAJESTY to grant him let-
ters patent for receiving a shilling from every ore of
his subjects who should be willing to give so much to
him. "In gude troth," said the KING, " a very rea-
sonable petition. Let every man give thee twa shil-
lings gin he be willing so to do, and thee have
full liberty to rewire rt."--" But (says the petitioner)
I desire that this clause may be inserted in my patent,
that every wan trhorffusesto give tome a shilling, should
appear at Westminster Hall to :hew cause why he so
rclube:."—" This also (says the KING) shall be granted
thee, but always with this proviso, that the Naas le
u;ilJing to COMO: