Star.
London, England, 1803-11-10 00:00:00

a LiftV INTE►LLIGRNCE.

COURT OF CHANCERY, NOV 9.

EiNGULAR CASE.

TCbD N. GUTTERIDCE.—.-ID this Care an applies-
lion was made to the Court on the part of the plain-
tiff, who is one of the Solicitors in Chancery, praying
that an order of the Court granted on the 18th of
February laii at the request of the defendant, might
be dircharged with coils.
Mr. RON!! LLY, Counfel for the defendant, Rated
the particulars of this cafe, which are femewhat re-
markable. About a cextury ago a bill had been filed
in the Court of Ch•acery, purfuant to a will which
a certain perfon, !ladled of eddies real and perfonal,
had made, direttmg the rents of there elates to be
appled by the Court, to the liquidation of the debts
with which they were encumbered. A receiver of the
rents was accordingly appointed, and the money for
fome time paid into Court, but by fome accident the
Winds was in a Ihort time neglefted and no accounts
rendered nor payments made to the Court by the re-
ceiver. In this manner the htifinefs went on f r
nearly a century, till in 1799, Mr. Todd, the plain-
tiff, obtained the buftnefs from the hands of a Mr.
Hutton. Mr. Todd applied to the Mailer in Chan-
cery for a power to receive the rents of the elate,
(Wing the concurrence and authority of both the
parties, though, in fad, there were no parties exiling.
Upon this reprefentation the authority which he re-
quired was granted him. Having fucceeded thus
far, he thought it would he a good thing to get per-
feffion of fome of the money that had been paid into
Court, and, in fad, did compafs his views by repre-
ting that the money would be properly applied to
the improvement of the elate. During all this time
Mr. Todd acted as the owner of the lands, and ren-
dered no account. This appeared from his contenting
to an Inclofure Bill in the capacity of an owner, and
from the letters which he bad been accuftomed to fend
to the tenants, in one of which he complained that
they had not fent him fome turkeys and bacon, which
he expetled,and threatened to remember this when the
rents became due.

Mr. Gutteridge, the defendant, porkficd part of
this eflate, at the yearly rent of 601. i but Mr. Todd
thinking this not equal to its value, demanded tool.
per annum, which, if the defendant agreed to, he,
Mr. Todd, promifed to give him a kale of the pro-
perty for 21 years. Mr. Gutteridge refaced the con-
ditions, upon the grounds that the plaintiff had no
right either to raile the rent or grant a leafe. The
plaintiff then offered tool. to the defendant, if he
would quietly quit the premifes, but, upon meeting
with a refufal, he fent, him notice to remove. The
defendant then brought the matter before the Court,
which immediately granted an order, reltraining the
plaintiff from proceeding to as cid:threat of the de.
fendant, who agreed to pay the rent which the Hall
ter fhould think was a competent value. It was to
difcharge this order. with colts, that the prang ap•
plication was made.
The Loan CM•KCILLOt commented upon the
fingularity of this cafe, and was aßonifted that fuch
a thing Would have happened in a Britilh Court of
Jultice as the negle& of this property. He adverted
to the conduit of thole who, in the capacity of re•
ceivers, had all along aged as owners, and (applied
their tables from the radii, and ham of the tenants:
concluding with this refolotion, to refit(' the prayer
of Mr. Todd's application for the colts, till the more
ferious points of the cafe were invefligated. Es
however allowed Mr. Gutteridge the colts of his or.
der out of the money in Court bebanging to the elate,
upon the grounds that he had &dad with great pro-
priety in bringing this arangt affair to the notice of
the Court.

COURT OR KING's MICH, NOV. IL
Till gill° V. PHILLIPS.
Mr. Eamon, in the laft Term, having atomised*
rule to thew caufe whys criminal informatics &could
not be filed againß Mr. Phillips, Mr. CLIPFOLDOMIIT.
ed oink againti that rule.
This application was fooaded os the affidavit of
Mr. R. G. Thomas, who Rated in that affidavit. that
there were Tome accounts between him and Mr. Tho-
mas, which had been referred to the arbitration of a
Mr. Jones ; and after the adjußatent of that bufinsfs,
he had received a letter from Mr. Philljps, who bed
Rood as a candidate at the lilt des:Lion for the essety
of Carmarthen. Mr. Phillips rays in that laser, "It
will be fufficient for me to tell you. that is the whole
of the Carmarthenffiire Elation bafinds, fo far as k

refpeas me, you have behaved like a to—d. I tall
expea to hear from you ce the fahjea, and I tall
puntoally attend to any appointment you may think
proper to make." The Prolocutor. Mr. Thomas. lim-
ed, be was convinced the meaning of this letter was
to provoke him to fend a challenge to Mr. Phillips.
The learned Count's' Paid he believed it was a fir*
principle of the Court to confider, whether the party
applying for the extraordinary iaterpofitios of the
Court, was in a fitnation to demand that indulgences
and if it Weld appear that the pert= applying had
Piven the firil provocation, the Court wouldaot niter.
re. but would leave him to his iadiammt. Mr. Tho-
mas, is a letter to Mr.. .Jose, who was the mafidastial
friend of Mr. Phillips, flays. " Whet Mr. Jaw. did 041
immediately difavow what be bad Laid. he meadow,
fidar Mr. Joao as having infalted him. sod that".
Jam molt make patiosl stemma, to his injured
feelings. That be, Mr. Jones, bad pulled the safe of
one man. and that there was a boffin( cafe stied be.
twee, him and Mr. Philllps."—This letter bad hem
written to Jones.that it might be fhewn to Phillips, for
the porpok of provoking him to fend a &Amp to
Mr. T. The bufinefs that was unissued with Mr.Pht-
lips could only refer to a challenge. bonnie the no-
esy tranfattion was over. This cafe bad a tens ass•
logy to the cage of the tin tr. Coin, which erns as.
cently before the Court. That was an to
the Court for hanging a Clergyman in er.laret the
Clergyman himfelf having tea years before that bon
guilty of a fimilar offence to that Which he imposed
to Mr. Coffin. the Court rehired to grant the informs.
tion. This was an claim fouabble.
Lord Ettsoomooon.—si I would not lave it
anderliood, if challenges grow out of cleaions, that
they are lefs to be witted by the ferions animadverfim
of this Court."
• Mr. Easaunt and Mr. Cloasew were next beard
in fut of the rule.
Whenever a puny came to the Court with tech ea
application. mode not for a libel r not for a emither-
Ors brooch of the peace, not to tuppon his tops&