Star.
London, England, 1817-08-07 00:00:00

LifW firrELLYGENCk.

COURT OF CHANCERY, AUGUfiT 6.

SZ-PARTE STEWART IN THE MATTER OF BRYANT,
A BANKRUPT.

Mr. HART asked his Lordship to give judgment
in this case, as by his delaying it might be prejudi-
cial, perhaps, to the trial which was to come on at
the Kingston Assizes.
Sir SAPaILIEL ROMILLT ..4g It is an indictment at
Kingston, preferred against Mr. Stewart by the
Bankrupt, and, with all deference to your Lordship,
I think you ought not to give your judgment at the
present time, as it might have an influence on the
Jury who are to try the indictment."
Mr. MONTAGU" thought if his Lordship slid not
give judgment, it might operate against him at the
trial at Kingston.
The LORD CHANCRLLOR" There is no individual
that can be more anxious to speed the business of this
Court than I am; I cannot, however, give decisions
taster than I am doing, considering the press of bu-
siness. A Learned Gentleman at the Bar- (Sir SA.
muel Romilly) said the other day, it would require
six Chancellors to get through the mass of business.
I must here say, if there were added six deputies they
would not be able to compass it. Islr. Stewart, no
doubt, blames me for delaying my judgment. As I
now see him in Court, I inform him that it is not
delayed from any doubt of the nature of the judg-
ment I am bound to give ; as, to the principles of
equity, I have come to a conclusion. But when par-
ties are disposed to so much litigation as the present
are, it is accessaty for me to have the whole facts
'.:fart rue. I am not unwilling to decide any case, but
will not do it to the injury of the other suitors of the
Court ; each suitor must stand on an equal looting,
And though my delay in giving judgments may be
subject of complaint, I am determined that the in-
terest of one suitor shall not suffer for that of another.
--L think the view Sur Samuel Romilly has taken of
the case is perfectly correct, and I will not give my
jiiiigment if I think it will bear the least on the trial
now at issue. I will, however, read over those pro-
ceedings again tonight, and perhaps may to-morrow
again speak to it. I must, however, confess, what
Sir Sa.nuel Remilly said as to the influence my judg-
ment might have elsewhere, has great impression on
me. I will not accelerate or retard my judgments,
but give them when I conscientiously can, for which
reason ldo not wish to be dictated to. At the same
time, I speak w ith all due respect to the BAr, and trust
that I AriLl my successors may always be surrounded
with gentlemen of the same learning, legal know•.
ledge, affable manners, and so able to instruct the
Bench as those I have the honour to address. How-
ever, you will excuse me, when I expressly say that
I shall not alter the routine of the Court for any
Learned Counsel, however 'sigh he may stand in his
profession, or however highly I may appreciate his
legal talents, or respect him in private life.
Mr. MowraoLz - " It is highly necessary that
your I.ordship should give judgment, for the pur.
pose of getting the papers out of the green 6ag,
which was sealed up by the order of the Vice Clean•
cellor, which are necessary for the defence of Mr.
Stewart, at the trial."

Sir S. ROMILLY--44 The allusions made by my
I.earned Friend, are not applicable to the question
before the Court."

Mr. MosyraQue'.." I made the application in the
+sesence. of the baakrupt,.aad I believemsy- Lentsfalls
Friend, Mr. Wingfield, was present. Tl'e p3pers are
Court, in a bag ; but, like the Green Bag, it cannot
be opened until your Lordskip breaks the seal."
The hAg was then produced.
The Loan CHANCELLOR...." Phis certainly is ta-
llier a curious case. Do you mean to contend, Mr.
Mantague, that there is prcperty in that bag which
your client claims, nhich would be of service to him
at the trial at Kingston ?"

Mr. Motirracus" The Vice Chancellcr ordered
that the papers should be held secret until your Lord-
ship had made an order on the subject."
Sir S. Routtur did not believe Such an order was
made by his Honour.
The LORD CHANCKLIAR" It is unnecessary for
me, Sir Samuel, to suggest that you are so well ac-
quainted with the practice of this Coen, that you could
not possibly mistake. I fully agree with you in every
thing you have said If I think 1 shall be acting pro-
perly, I well give nay judgment to morrow."
Sir SAMMIL ROMtLLT--a• Whatever judgment your
Lordship ma) give, or the time that you may think
proper to give it, will be listened to with attention and
deference, especially when we consider the painful
anxiety your Lordship gives to every case, and in
concluding such a judgment as the present, your
Lordship will not only instruct es, but those that
come for ages after us."—Judgment pilstponed.

The important question of the Package and SCa..
vaqe duties was agitated again in the course of yes-
terday, when the Solicitor for the Customs gave it
as his opinion, that the Commissioners of tile Cus-
oms, or in other words the Executive Government,
had n 9 right to interfere between the public and the
City of London ; that of course it was wholly in-
correct to tender au oath to ascertain whether the
property in goods exported belonged to alien or to
native merchants; and that his advice would be, that
on the merchant making the entry, the ordinary de-
claration should be required, in which case, should
the shipper allege what was false, he might be sued
for the legal penalties, the onus probandi resting, how-
ever, on the Corporal ion.
Gasta.—By an Act passed on the 10th ult. for the,
prevention of persons going armed by night for the
destruction of game, the act passed -last session (56th ,
Geo. 111. cap. 1304 also the acts of 39th and 40th '
Geo. 111. cap. 50, relating to rogues and vagabonds,:
are repealed, and in lieu thereof it is enacted—
" That if any person or persons, having entered into any forest,
chase, park, world, plantation, close, or other open or enclosed
ground, with the intent iilsgally to destroy, take or kill game or
tabbies, or with the intent to aid, abet, anti assist, any person or
pet sons illegally to destroy, take, of kill pnie or rabbits, shaU he
found at night, that is to say between the boors of six In the
evening and se veil in the morning (runs ist ot October to is
rein y, between seven in the evsmii g and five in the morning
grunt tat February to Ist April, and between nine's die minim
and four in the niurottig fur the remainder of the year, armee
ssith any gun, crospbow, bie:arms, bind: eon, or any other affen
sive weapon, every person so offending, bong thereof lawfully
convicted, shall be adjudged guilty of a misdemeanour, and that:
he sentenced su traiispuration /or seven years, or shall recelir
such punishment as may by law be ititlictud on persons guilty r !
misdemeanour, and as the Courts berme which such offender
may be teed and convicted shall adjtvlse."