Star.
London, England, 1818-11-30 00:00:00

7

VIC&CHANCELLOWS couitir;wovintsvit 25.
us EARL OF Wirt' asatnt/, LOW Ittniity sPINCII.,
AND ANOTINLY4 Staitrlohovott.
Sir Aantua Plocoi •iiiiaved that the defendant
should be restrainedo from receiving the rents or pro-
fits of certain estates since the death of the late Duke,
and for carrying on an action against the tenants for
not paying the said tents., This case had been heard
before the Lord Chancellor who granted the injunction,
subject, however, to such Objections as the defendants'
Counsel might make. The estates of the family were
devised to the Earl of Shaftesbury and Lord Robert
Spencer, for SOO years, on condition of the rents and
profits eing applied to keep down the interest of the
incumbrances„ the payment of certain annuities, and
the sum of £90,000 to the Duchess, after which, the
surplus was to be given to the Duke. In May last a
receiver was appointed, and Mr. Blackstone was that
person. The Duke thought he had right to the rents
in arrow before the appointment took place ; but
surely the Court would not sanction him in that opi-
nion. The bill before the Lord Chancellor stated,
that the Duke had no colour of title whatever to the.
property, but yet his Grace had raised seven or eight
actions against some of the tenants.
The VICZ-CUANOILLOR.--" I do not see how the
Duke can mannikin any such actions."
Mr. Hear said that his Grace had made an affida-
vit, in which was a letter of Lord Shaftesbury's,
where that Noble Lord states, that he conceived the
Duke /tinkled to the arrears. He (Mr. Hart) must
say, whoever advised the Duke to think so gave him
bad advice.

Mr..Bata., on the other side, contended, that h
never could be the intention of the order of the Court
to deprive his Grace of what he was ix possession of.
No sufficient.case was made out to skew that there
could be any reference to past rents; and therefore
he contended that the order most be taken in a pro-
spective, not retrospective, sense.
The VICE-CHANCELLOR said, he must understand'
this order as given for justice to both parties. The
ineumbrances took effect after the death of the testa-
tor. The trustees were placed in authority, on con-
dition of paying all rents, and receiving the interest of
the incumbrances, and the Duchess's annuity. The
Puke urtainly had no right to bring any action
agaiirt the tenants; and he mast be restrained from
interfering, directly or indirectly, with the rents. The:
Court, therefore, were bound to
.grant the injunction.
The costs to be paid by the receiver out of his funds.
.
Injunction granted.

court OP KING'S BENCH, NOV. 'es.
THE KING r. PEEL AND ANOTHER.
Mr. Gortnte said he had to shew their Lordships
ease against a rule obtained by Mr. Scarlett on a
former day, for filing criminal informations against
Mr. Peel and another gentleman for a misdemeanour.
Mr. Peel was son of Sir Robert Peel—the other gen-
tteman was Sir Robert's son-in-12%v. He (Mr. Gur-
ney) regretted much he had not been able to spew
cause on an earlier day ; since he should now be obli-
ged, on the last day of the Term, to occupy a very
considerable portion of their Lordships' time.
Mr. SCARLET? here suggested, that shewing cause
nudlight, without prejudice to either party, be postponed
next Term.
Mr.-Gummi was ready to adopt the suggestion of
his Learned Friend, if in so doing he had their Lord-
ships sanction.
The Cuter Josrice....—ce Let it be so. The delay
may be of advantage to the parties : they may in the
mean time have a communication with each others
and sappily come to such an arrangement as may
pce*nt the matter proceeding further."
• MATTER OP PRIYILEDE.
Mr. SCARLET?, on a former day, obtained a rule
to shew cause why Dr. Bailin should not be dis-
charged out of custody, under an execution for de3t,
on the grounds of his privilege from arrest, he being
one of the Gentlemen of his Majesty's Privy Cham-
ber in ordinary.
Mr. F. LAWS and Mr. CHITTY now shewed cause
against the rule, and contended that the office held
by Dr. Battine in his Majesty's household was nal
such a ante as entitled him to the privilege in ques-
tion ; inasmuch as it was not an office which required
the attendance of the defendant about the persor. of
his Majesty. It being laid down in Lord Coke's Se-
cond Institutes, and recently held in the cases of Bar-
nett v. Hobbs, and Rex v. Forster—the first Deputy
Clerk of the Kitchen, the last Body Coachman to his
Majesty—that such constant liability to be called on
was necessary to give the royal servant privilege
from arrest. In the present case, Dr. Battine was ap-
pointed in 1812, and had never since that period been
called into attendance.
Mr. SCARLETT and Mr. MARRYATT, on the part
of Dr. Battine, contended that he was privileged, al-
though, as stated on the other side, the defendant had
never been called on to attend the King, yet he was
liable tp be so on state occasions, whenever the Sove-
reign should think fit to require his attendanee. The'
reason why he had not been called on might be
found in the lamented indisposition of his Majesty.
It appeared that the duty of the Gentlemen of the
Privy Chamber was to attend the Sovereign on the
occasion of royal marriages, royal funerals, the re-
ception of foreign Ambassadors, and, generally, on
state occasions; and, in fact, several of the gentlemen
had been ordered to hold themselves in readiness to
attend the solemnity of her late Majesty's funeral on
Wednesday next. The Court had recently held, in
the case of the Fire and Candle Lighter to the Yeo-
men of the Guard, and in that of one of the Children
of the Kitchen ; although the first executed the duties
of his office by deputy, and the Child of the Kitchen
had only been required, in a course of several
to give his attendance on one occasion, that both=
persons were privileged, because they were liable to
be called on to attend at any time.
The Quin JUSTICX said, that the practice of the
Court appeared to have been, that where there was
no doubt existing of the privilege of the person. ap-
plying, they would discharge him on motion ; but
where there was a doubt, then the right course to be
adopted would be to put the individual on the pro.
duction of his writ of privilege. It now appeared
that no personal inconvenience would arise to his Ma.
jesty from the detention of the defendant. The Court
would not, therefore, order his discharge, bet would
put him, if he thought fit so to do, to sue out his writ

. z_..

01-priviTege."."---The rule for his liberation wts accor-
dingly discharged.
COURT OF COMMON PLEAS. NOVEUBER es.
WRIGHT V. SRAHAM
Oa a former day Mr. Serjeant VAUGHAN moved
foe. and obtainei a Rule to spew cause why the pro.
csedinp.taken by the assignees of the plaintiff this
case against the defendant should not be stayed.—
This motion was founded on an affidavit, which
stated that the parties had come to an arrangement,
and that in point of fact the sum sought to be re-
covered by the assignees of the plaintiff had already
been paid to the plaintiff himself. The short facts,
of the case are these :—lt will be recollected, that an
action was brought by the plaintiff, Mr. Wright,
against the defendant, Mr. Braham, for criminal con-'
versation with his wife, and that the former obtained
a verdict of £lOOO damages., At this period Mr.
Wright was indebted to Mr. Braham in the sum cf
£5lO, and subsequent to the trial it was mutually
agreed, that J.:500 of this sum should be admitted as
a set off against the amount of the damages.. Under
this agreement, the attornies of both parties met on
the 29th of September, 1816, when three receipts
were given—the first on the part of Mr, Wright, ac-
lutowkdging the rezeipt of £lOOO, (the amount of
damages obtained against Mr. Hraham), that was to
say, 500/. in cash; and 5001, in payment of a debt due
fitom*the plaintiff to the defendant ; the second was
for 1301. costs, and the third was a receipt from the
defendant to the plaintiff for 5001. which the plain-
tiff admitted to be owing to him. Mr. Wright, im-
mediately after the transaction was declared a bank-
rupt ; and it appearing that he had committed an
act of bankruptcy previous to his compromise with
Mr. Drabam, and that consequently Mr. Braham had
paid this money in his own wrong, the assignees under
the commission now sought to recover the whole
amount of damages for the benefit of the creditors.
Mr. Serjeant Less this day rose to spew cause
against the Rule obtained by Mr, Serjeant Vaughan.
The Lona CHIEF JUSTICC—I asked, when the ori-
ginal motion was made, if there was any affidavit of
the parties denying collusion?
Messrs. Serjeants VAUGHAN and COPLICY admitted
that there was no such affidavit ; but if this was ne-
cessary Mr. Braham war. perfectly ready to make
one. He was out of town when the former applica-
tion was made. Under the circumstances, they trusted
the Court would allow the matter to stand over till'
nett Term.

Mr. Serjeant LENS said, that on the part of the as-
signees he could not consent to the proceedings being
suspended. The assignees wanted this money for the
benefit of the creditors, and could have nothing to
do with the adjustment entered into by the bankrupt.
Even supposing there had been no collusion, which
he did not mean to dispute, in point of law the cre-
ditors were entitled to the amount of the damages in
question. It would appear that the docket was struck
against Mr. Wright on the very day the receipts were
signed ; and that on the antecedent day he had corn-
mined an act of bankruptcy.
Mr. Serjeant Cortav—ln an action of this descrip-
tion, of a criminal neure, where there has been no
judgment, the assignees can have no right to recover.
The CHIEF JUSTICZ--.The Court canrot interfere,
inasmuch as there isno affidavit denying the collusion.
Mr. Serjeant VAVGFIAN—The plaintiff never en
tered up his judgment.
Mr. Justice PARK—The Court intimated that affi-
davits denying collusion should be produced; the
wish of the Court has not been complied with, and
therefore they cannot make any order. The Rule
must be discharged.
Mr. Serjeant Lonny—Mr. Braham is in the neigh:
bourhood, and will make the affidavit required.
The Court could not wait this proceeding, and the
Rule was discharged.

INSOLVENT DEBTORS COURT, NOV. 28.
Mr. Serjeant RUNNINOTON was this day occupied
in hearing motions.
Mr. Pot.tocx, in the case of Henry Michael Could,
moved for a rule, calling on Mr. T. Jackson to chew
cause why the insolvent should not be brought up
.and discharged, on giving such security as the Court
should be satigied with, for the payment of EGO to
;Mr. Jackson within the term of five years. This ap-
plication was gnmecled on an affidavit of Colonel
Gould's, which stated, that when he was last brought
up before this Court he met Mr. Jackson, with whom
he had a conversation in the hall. Mr. Jackson then
intimated an intention of opposing the deponent, on-'
less he consented to except his debt from his dis-
charge ; with this the deponent was under the neces-
sity of complying, on the promise of Mr. Jackson that
he would have five years to pay it in, with security.
A difference having arisen in the arrangement of this
security, Colonel Gould applied for the interference
of the Court. _ _

Mr. Serjeant RumictNotos granted a rule nisi, and
ordered a copy of it to be served in the usual manner
on Mr. Jackson.

Several other rules were heard ; but they were of
no importance except to the parties concerned.
The Court adjourned until the 10th of December.

Where an assemblage of talent and expetience is
concentrated in one line of practice, a success must
attend their application, not to be found elsewhere.
This has been evinced in the Establishment of the
Medical Board at Charlotte-House, Blackfriars-road,
and at Woodstock-House, Woodstock-street, Oxford-
street, where cures are every day performed in cases
which have baffled the skill of entiner.t professors,
and excited their astonishment.—The Nleaical Board
have particularly atter ded to those consequencos of a
certain diffuse, which entails the most distressing de-
bilities, and unhinges the constitution of both sexes.
They also remove the effects of those symptoms aris-
ing from juvenile indiscretion, from irregular living,
and from a long residence in warm climates—of this
description they beg particularly to notice obstinate
eruptions in the skin, sore throat, pains ii. the head and
limbs, frequently mistnken for rheumatism, strictures,
fistulas, scrophula, &c.---Massrs. COOPER and Co.
after forty ;ears practice in various Hospitals, are
consulted- at Woodstock-street, Oxford-street, daily,
from eight till eight; and at the Medical Board,
Charlotte-House, Great Charlotte-street, Illackfriars-
road, precisely from twelve until eight in the evening.
`a
—Mechanics, and persor.s of moderate income, have
advice, gratis, if they attend at ctsrtain hours, namely,
Tuesday, Thursday, and Sunday rriortings, until one
o'clock, -and from six to eight every evening.
.KT t side duo:, and