Star.
London, England, 1820-12-09 00:00:00

LAW LVIELLIGENC.E.

TIIE NI;ALCOTT CHARITY.
On Thursday, Mr. HART Moved in this case, that
Mr. Fairclough. one of the tenants at will on a part
of the Charity E,tates in this cause, might be ordered
to immediately attiane, and pay over to the Receiver,
who had been appointed by the Court, such sum or.
sums as might be due. from him for tent.
- The Low) CHANcELLon—have you given per-
sonal notice to this person ?
Mr. HART said, he understood that personal notice
had been given, but that might in all probability
prove nugatory, from the situation of the Gentleman
in question. The real purpose of the present motion
was, to compel the persons surrounding him to do
'that which they ought, and consequently a few days
would be perhaps sufficient to allow Mr. Fairclough
to do what was now asked.
The LORD CHANCELLOR directed an order to issue
as prayed, and allowed Mr. Fairclough a fortnight
to comply with the order.

DECEMBER 8.
LORD AND OTHERS v. WORNILINGTON.

Mr. HART, in this case,. moved, that an injunc-
tion, which had been granted by the Vice-Chan-
cellor, restraining a Mr. Jones from proceeding in
an action at law against the defendant, might be
dissolved. The facts of the case are shortly as fol-
lows:—Mr. Jones had attended Mr. Wormlington in
the capacity of apothecary, and after his decease,
brought an action against the executor for the reco-
very of his debt. The plaintiff's, who were three cre-
ditors, then filed the present bill for a due adminis-
tration of the assets, and obtained a decree for the
administration of them accordingly, which Mr. Hatt
concluded was done for the purpose of preventing
Mr. Jones from obtaining payment. This argument,
he thought, would be conclusive, when he recitedl
the small amount of t'..e claims of the three plaintiffs.
The one was only £7 15s. 6d. another only £2 2s.
and the third only £3 12s. Mr. Hart then pro-
ceeded to argue on the merits of the case, contend-
ing that the executor had, by his conduct, made him-
self-liable to the debt, and consequently that the in-
junction ought to be dissolved.
Mr. HORNE observed, that the smallness of the
amount of the debt was no criterion to judge by,
and rather made against than for the client of Mr.
Hart. The real fact was, that the persons in ques-
tion
*ere so situated that they could not afford to
lose the money, small in amount as it was. The
facts of the case were, that the testator occupied a
small firm: in Leicestershire, Which, from ill health,'
he was obliged to give up, and retire to a small vil-
lage in the same County. Here' he became ac-
quainted with Mr. Jones, who administered to him a
larger quantum of physic than, perhaps, his whole
line of ancestors had taken. After his (the testator's)
decease, Mr. Jones brought in a bill to the'e►xecutor,
of no less a sum than E 421, at the same time ad-
mitting that he had received £lOO during the life-
time of the testator. When the action was brought,
and not till then, a bill of particulars was brought
in, and which, after some prefatory observations, he
read as follows:

To nine visits by night, and fifteen by day.
The Lout) CHANCELLOR.—Pray, Mr. Horne, what
does he charge for his visits?
Mr. House said, one guinea a visit, and proceeded
to read over the items of the bill :

To 5,728 draughts, 168 mixtures, 119 bonuses,
68 lotions, 78 liniments, 258 boxes of pills, and other
doses, to the amount of no less than 7,000!
The LORD CHANCELLOR.—Pray, Mr. Horne, do
stop, for I fear that without taking, the mere recital
of so much physic will sicken me !
Mr. Hoase said he would only mention one other
item, and that was as follows ;—" To inoculating
the testator seven times !" The real fact was, that
instead of inoculating, it was tapping for the drop-
sy, and no wonder, it he had taken the medicine
stated, that he wanted tapping.
The Loan CHANCZLLOR.—Is there no allowance
made for returned bottles and pill-boxes?
'Mr. HORNE said there was not ; but that might be
accounted for, as probably he had swallouied thew
also ! He then proceeded to defend the conduct of
the executor, and noticed the fact of an ostler in the
village having been made to swear that the deceased
used to go about the village with the physic in his
hand ; and that on one occasion he asked him, the
ostler, to help him to take it! After arguing ax some
length on the law of the case, he concluded by sub-
mitting that the motion ought to be dismissed with
costs. From the humorous manner in which the
Learned Counsel treated the subject, it was impossi-
ble, frequently, to refrain from laughter.
After some coriversation between Mr. HART and
Mr. HORNE, as to the verification of what the latter
Gentleman had stated,
The LORD CIJANCLLLOR said, it appeared that Mr.
Hart did not like Mr. Ilorne's.physic ; perhaps he,
Mr. Hart, might like his Lordship's administration
of the physic better than that of Mr. Horne's, if so,
he would hand down the bill of particulars,
Mr. Hatvt said that was unnecessary ; the ground
on which he founded his argument wasp that an eke.

tutor could not call on the Court to retevel::ni
acting in his own wrong.
The LORD CHANCEGLOR, after some conversatt
as to what took place before the Vit.e-Chancell -r,
said, that if the papers were handed up to hint, lit
would read Mein over, and give his judglnent z;
early as he could,