Star.
London, England, 1827-02-01 00:00:00

sestsr s. fuss.

The cirounsstancPs of this case, which has excited
considerable interest among the residents in Lincoln's
Inn, are shortly these:—The Messrs. Burley, and the
defendant Moor, having been tenants in common to a
set of chaatbers, in No. 8, New-square, Lincoln's lon,
a bill was filed by the former in the Rolls Court, for
the purpose of procuring a partition of the chambers in
question ; a decree for that purpose was obtained, and
Commissioners appointed to make the allotment. Jt
may be necessary to state, that a similar decree had heed
obtained by the father of the Messrs. Burley; but that
Gentleman having died before the allotment of the
Commissioners, a supplemental bill was filed by his
sons, and a fresh decree was the result. The chambers
consisted of four rooms, and• the Commissioners allotted
two ►ooms, each party declaring at the same time, that
as the two allotted to the Messrs. Barley were of a de-
scription superior to those awarded to Mr. Moor, thito
the litter should recei►e 3001. as a compensation for
the excess of value. The two rooms allotted to the
Messrs. Burley were at the bottom of a passage leading
off the staircase. This passage was part of the moiety
allotted to Mr. Moor, but a right of way over it was
reserved to the other party. The parties, who are.
solicitors, continued to carry en their business in the
chambers until last September, when Mr. Moor re-
moved to a set of chambers at the opposite side of the
staircase. Previously to his removal, the names of the
respective films had been painted on the doors Of the
passage into the old chamber—the names of Messrs.
_Burley on one side, and those of Mr. Moor and his
partner, Mr. Lake, on the other, with a line drawn be-
tween them. Shortly after Mr. Moor's removal, he
procured the door on Which the names had been so
written, to be painted or grained over, and the names
of his own firm alone to be written across the door.

The Messrs. Burley insisted on having their names also
written upon it. and procured a painter to do it. Their,
names were, however, scarcely written, when they len
obliterated by Mr. Moor. A contest of this nature was,
carried on for some time, when the plaintiffs Sled a
bill for the purpose of asserting their right. The hill
prayed that the Court do declare that according to the
tateot and meaning of the two decrees, the plaings
were entitled, for the convenient use and occupation 'of
their moiety of the chambers, to
,paint or AB/ 'their
names to the door °fele common paw's... had'ibitt the
Court accordingly declare that there ihoola jalOtti.64ll
a reservation to that effect is the deed otpirtilicitigi.:
*clued between the parties, and,
,finally,', ihatlfie te•
Pendant be restrained frogs effacing and oblitelatitt the
names of the plaintiffs from the door. TO this
defendant put in a demurrer, and Messrs. ninth and
Walker appeared today in support of it—Meiiti.
Horne and Trealove went on the's:libel. side.
The Vics-Cnasteard.on, after hearing the Cosnsel
on both sides, decided that as the apkitirtennaces to the
;linear allotted to Mr. Moor also passed, to NM finder
dm deed of partition, and as the door and'ivell came
. adder the head of appurtenances. the s could
net have the right of painting their isanteion them.
His Honour rejected the necessity of to deciding as
the loss to Mr. Moor, in case the plaintiffs had
tight, could be nothing ; whilst, on the other hand, the
plaintiffs could be considerably damaged by not being
able to intimate to their clients where they cos*, be
found. His Honour, however. felt confident that-t
le alai oais,
he
.society, whose property. the walls orthe
puld allow the plaintiffs to affix a board tot
•
an lade& pointing to their chamb,ers.
The demurrer was allowed.
It was subsequently intimated to his Honour that the Ilaeke lad
-no risk of property to the 'raised the building to tie Neirgeore.

COURT OF KING'S 41INCH1 Jae. si. -
At the sitting el the Cosh, dhe Middlesex Orasid Airy were
worm.

Mr. Justice BATLZII in his address to them remarked,
that a former Jury having represented that they had,
not sufficient accommodation, application had been
made to the Secretary of State's Office, and the answer
sitrvielet.tt was, that they were prevented from giving a
answer, in consequence of the absence of the
Chancellor of the Exchequer from town. .The Learned
Judge added, th.it he had no doubt the representation
would be attended to, but no order had been made. The
Grand Jury were at liberty to mention the matter again.
fits lUajestl's warrant was read rcemiabling the Judges to sit
for dhpaten of badness out of Term.
The LORD Chas lenses then intimated, that be should so ar.
hive, that lais Learned Brodkin West sit in the adjoining chamber,
Whale he was trete, emus at Aroißeitsesin this Court.
' ens fume n. the COMOMINOW 1101MICII.
Mr. PATTISON applied to enlat,ge 'a rule obtained by
the Solicitor General, for a mandamus commanding the'
Corporation to proceed to the election at Chnenberlaanof
that Corporation. The application now Made was
supported by the affidavit of the Town Clerk, who stated
that a special assembly had been summoned to meet for
the purpose of taking the subject into consideration, and
if he should be instructed to defend the Corporation
against the motion made by the Solicitor General, it
would be necessary to search for documents among the
Corporation muniments.—The Court enlarged the rule
for a week.

WI GAM LAWS,
Hurgittxsou applied yesterday to the Court far
ea order to be directed I. the Magistrates of the County
i •
axing
merfotfolk, citding on them to bad Thomas Pedant, a
,who was committed toprimaLen a charge of
feloniously slain the Rev. tir.'Whiteir. It ap.
peered by the sereraljgclavits Which were pot in sup-
port of the applicatiots, that the prisoner add cede-
ceased belontW to a pasty who went net deletes night
in November last in search of peados,. 'Minting se-
parated, they afterwarawnsistook each ether forthe men
whom they were seeking for. and dmul at each other;
the result of which was, that the ptisoner Was wounded,
and Mr. Whitear
M. HUTCHINSON submitted, that as she prisoner
had mistook the deceased for a poacher, it was evident
that he bad not been actuated by malice, and that con-
mine:fly he ought to be admitted to bail.
Mr. Justice Better—Even if he had killed a poacher
woeld it not be warder ?—the law implies malice where
a poacher is blited without pcorocatioa. How to act

.

•
to this ease I find mot difficoky, on /*Bch *lrish to'
consult toy Brother Judges.
On altering the Court this morning, Mr. Justice
BAYLef addressed Mr. Hutchinson, and said that the
prisoner might be admitted to bail by giving security,
himself in 2091. and four others in 100 L each.
At twelve &dock the Lem Caw imam sat at Nid Prim at
Ossidlaak sod tried Comma hay CAW..
COURT OF COMMON PLEAS, hat: 31.
LOAD= V. assm

Mr. Servant VAUGHAN moved the Court in this case
upon a point raised by an arbitrator. The plaintiff held
premises upon lease from the defendant, in which was
a clause that in case the premises aboold be burnt down,
the landlord should reinstate the same as soon as possi-
ble after such fire, "in the same manner as they were
before the fire." A new lease foe an increased term of

years was granted, and the plaintiff, with the approbes
don of the defendant, laid out a large mei of money 111
alterations ; a fire did happen, and an action we:brought
for the amount of the damage; the case was referred,
when the defendant contended that he was only liable
to pay the costs of putting the premises in the state they
were before the alteration, which woold amount waist*
SW. whereas, if he was boned to put them in the same
*tate that they wene at the time the fire happened, the,
costs would amount to 2501.
Rats is slam cum way Me larger sum should not be awitdai.
granted.
HIGH COURT OF ADMIRALTY. •
sisiaanaaa airs •
This case, arising opt of tbdtrarkruptcy of a p
agent, was now called upon for argument. It involved
questions of great importance in point of principles
The capture was made in 1796, and the houses a(
Paton and Grenfell. anJ Cook and Raiford, were all.;
:pointed prise agents. Cook and Halford were agent'
for the naval, and Paton and Grenfell for the military
past of the 'etpedition. Mr. Paten became a bankrupt
in 1821, whilst a considerable sum stiil remained un-
distributed; and the Treasurer of the Navy now
ii-
sisted that all the agents were liable, and called upon
them steer illy to make up the deficiency, and distribute
due to the captoia. The qu9tion now cadet]
before the Court, to decide whether Mr. Grenfell, the]
copartner of the banks apt, or Messrs. Cook 'and Hal.
lord, were liable in the first instance.
Dr. Jan NKR, on the part of Mr. Orenfell, argued that
the two houses became responsible originally, and that
the division of duty, the one party becoming agents for
dot bevy, and the other for the military force, was a,
Mrs batter .of convenience, as the two houses tindelu,
roat joint responsibtlity. Before any part of the saes
now deficient had been received by the house of
and Grenfell, Mr. Grenfell withdrew from the toirsero,
and in point of fact, never received any benefit from the
agencr, as appealed by his affidivit.
Sr C. Rounraort-If be -did not receive any
.benefit, It war
hem Ids own negligence. His name was inserted in the power of
•11.0, which was regularly rtglkerbd.
7.timijd. Grenfell was cettssinly
diped in the poWer of itrorney, but he took no 'share
in the transaction. Mells11•L'ook and Raiford original!
seethed the money, and paid a part to Mr. GrenMl
bid not to the loose of Pattie and Or/14cl', for at I►asi
Orettoni to Hint petted Mt. Geed**
Carl viitharian himself fromthe o.irtner4iip. tinder'
these circumstances, tine Learned Counsel submitted,
that.fdr. Grenfell was not liable.

Tho Ictiteasktstrobasn said, that the question which
this case iaveilved,. was most important as a principle,
and a pohitOr practice. Hff contended, that as the
'hous96l Pawn and Orenfe 'had'htigihalytudertaten
to abt is 'agents to the captors, aft the 'members of that
bons* Were equally liable', and that it lirtg imp:aide
for any one of the meinberi to 'abiblreltimself from
such a responsibility. In the cast a Tarragona, the
principle was fully argued, and the Court decided, that
the original' unity and community of purpose and re-
:tonsil:silky rendered all the agents liable.
Dr. Putz.Lritoits, for Messrs. Cook and lialford,
submitted, that it irould.he monstrous, that the agents!
of the N.tvy should be cilled'upon to make good a de-
ficiency crested by the bankruptcy of one of the agents
for the Amy, whilst the co-partner of 'that agent was
'alive and in solvent circumstances.
'br. Lennossow felittwed air the Julie side.

Lord &vivaria said, he was clearly of opinion that
Mr.thenfell was answerable in the first instance.
was for him to consider afterwards, whether there were
any Means by which Cook slid Halford could be made
to bear a share of the responsibility, but they certainly
were not the first marks to be shot at, as Mr. Grenfell
was at hand and liable. As he bad before stated, some
complaint had been made of the .extraordinary delay
which had taken pl ,ce, but upon looking carefully into
the circumstances, be was pleased to fluid that it did not,
!rest with any person connected with that Court. It
was attributable to the difficulty found in realising the
produce of the capture, which was aggravated by dif-
ferences between the claimants.

A COnversitlon f en arose relative to the colts, and It was finally
agreed, Milt aU the costs Incurred shoed be' pfd out of NW food,
With the exception of Mr. Greta(Ars, Wilda arose impala isp Mu-
self.—Adjou:sed.

INSOLVENT DZDTORS' COURT, Jaw. 31.
Maras ?hatted', late of the Cock, in the Haymarket,
applied for his chicbarge, which woes opposed by Mr.
Pollock, on behalf of Messrs. Barman' and-Cole,
asaig-
nees under a commission of banktuptcy isSued against
the insolvent in or about the year I.W. •
Mr. Chamberlain opposed usproprioisersone.
Mr. HIATU, in [mute, observed, on the part of the
insolvent, that he bad been nearly four years in custody,
at the suit of some of the parties who now opposed biro.
Mr. Conunimiesser Bowan said it appeared that he had
berme the COurt in ton. Meese
Mr.flairn admitted that be had by petition,'but not'
''
in person--:the petition alluded to was therefore die-
missed, omog to some informality.
Mr. D. Pot-Locx, on behalf of the opponents, re•
marked, that his clients founded their objection princi-
, pally upon the fact of the insolvent 's having been a
bankrupt, and that the recital as to the detaining cre-
ditors was informal.

Mr. Hearn replied,* it was so long since the in-
solvent bad been in tactrity, that it was impossible he
could recollect every pat ticular.There could be no doubt
'but that he'had been in &reactor the time specified.
The insolvent was then asked by' the Court, whether
be could remember at whose suit, among his detaining
creditors, he was first arrested? He stated his inability
to do so.

Mr. Commissioner LAW intimated, that if any diffi-
culty existed, it would rather arise, perhaps, from the
schedule than the petition.
Mr. Por.Locs reminded the Court, that although the
insolvent bad been a long time is custody, the comfits.-
sent arose from misdemeanour, and not frontlet...
process. Me could not deoy, however, but that the op.
peeing creditors recognized the original action.
The CQUAT thought that the assignets under thel

bankruptcy had been'afibrded ample time to investigate
eves y point.
Mr. Hicks's', for the insolvent, said ih,t his client Was
ready to swear that be never refused to appear to the
commission. - - _

Mr. Pot.a.oms said that he bad no moons of negativing that het.
TWa point Stavin: been settled,
Mr. Chamberlain, the creditor, who opposed in per-
son, was called, and he commenced his complaint by
stating, that the insolvent having had a commission of
bankruptcy issued against him, had not appeared thereto.
Mr. Commissioner Bowsw.—The Commissioners un-
der that Statute are the best judges as to what ought to
be done under that. State your individual case,zsir.

The witness said, that he is and was in 1852 and 1823,
a cosehrnaker, in Great Newport•street, and that at the
latter end of the former, or about the commencement of
the latter year, he bad the misfortune to supply a saw-
horse chaise to the insolvent for his then alleged use,
and that afterwards. he supplied other' orders, which
made his bill 941. and upwards—a bill was given for
part of the amount: After the bill became due, he saw
the insolvent, who, in reply to his visions inquiry as to
settlement, said (using a strong expression), " If you'll
come to night to my house in the Haymarket, you shall
be paid." By an examination at Quality Court,.he
(witness) had ascertained that a docket bad bees struck
before his promise had been given. In addition to the
above expression, he said that an action had been pend-
ing between him and the County Fire Office, and that
Mr. Barber Beaumont had not used him kindly, and in
the warmth of his temper, Mr. Thurtell prefixed terms
ungentlemanly. The witness concluded his evidence
by stating, that he conceived that the insolvent having
obtained goods by means of false pretences; was ame-
nable to the animadversion of the edam.

To a question by the COURT, the insolvent said, that
he had been three years and four months in confine-
ment, during which time be had been debarred from
intercourse with his wife and childten.
Mr. Commissioner BOWEN said to Mr. Chamberlain,
that the Court thought, that any representation made
at the time relative to the supposed claim on the County
Fure-offiee, might, for aught that had been shewn to
the contrary, bear the impression on his mind.
' Mr. Chamberlain—l beg pardon, Sirs, (addressing the COlOl/111
stoners) but he ha, obtained three or four chiabes of otbespersous.
Couar--With that we have nothing to do; the partierore not
' here to complain.
A further discussion took place, which related to the
practice of the Court rather than from the hostility of
the opposing creditor,'as to the service of notice; but
the result was, that as soon as the defects were amended,
the insolvent's case should be adjudicated upon.
It should be observed, as we had a sight of the insol-
yeti's schedule, that tfre chime upon hiss were but
2,0011. 101, Bd. and on tie reverse side of his schedule
appeared 7571. dde to hiin, out of which was 5001. lent
Ito William Probert, late of Gail'. Hal Cottage, Bens—
a debt which, by the insolvent'. statement, accrued at
the latter end of an, or the ememeneement erf 1823.