The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1843-02-14 00:00:00

LAW INTELLIGENCE

COURT OF CHANCERY, SATURDAY, I

The Lord Chancellor commenced
inn this morning.

littings at I

THE QUEEN V. VISCOUNT CANTI

It
appeared
t'n
the
the
ad
,L ‘
firetit
h n
The Lord Chancellor delivered judgment in tuts I
was a petition to the crown by Viscount Cant
questing compensation for the dam _ • tie to h;
(1 books, and other property, by the fire which ,
Houses of Parliament. To this pe . a
a -emu
in by the Attorney-General, and in this state t
the case was argued some time ag -lis 1,
menced by reading a passage from Sir Williau
Commentaries, vol. i., p. 431, on the subjec'
fires, and the extent to which the owners of t
which they originated were liable. He said
experience supplied no case in which au a,
successfully maintained for such an injury
The learned counsel for the petitioner t-
state of the law before the statutes, /v.- -
from Rolle, Comyn's Digest, V:
he was liat)
be.
erresponsil
anotherl ati n
negligence
t o
was
ta hs e i
inured,
ojuf point.red the
owner of -
,
happened by the conduct of a straoc;f nt g
oco inevitable,
et
negligencerroslido ef
was, t t lh
e) e
io npwa thatn r f
the,
rhteoy u,i
s h•eaess wev
rose
auhc
ltiudicsshene dship said the statute of Anne confined the lial
111., c. 78, to fires arising on any al
u isuntuats i en
a 1
cent case of " Vaughen v. Milner,
nca
aco
ttt
ei action ne
by
yeosrhs
aidsraymtaog determine
negligence.ete
rm i n occasionedeT thhe
eb yp
opiniont Ite landt
that
tst
hh
ee ld
petition
W answerable,
ansonto because
see
awserhnot imputablesinsibi
by the Attorney-General must be allowec
eurred,
at newesid rule would nt
Bencethat
misconductw
Besides the injury b
Benceif,iri fact,o f
II they
authority,ocothceccirvreiusegnitnotchceastiiom%
preevrtiowusassonverereig
was exempted on the ordinary
had ceased. Against thisinary
cited. There was still
—Her Majesty had imitatedtro rule that thi
position no ant
of a
ntgheererxeaarnsoxgoafii
and surrendered her hoefreltary territory,
Frioseretsotst;hteheinyswtieturetion
at pleasure, but the subordinatest o(
truhirsosui ogn: r:
appointed by the crown
eC
fire commenced) were appointed by tly-
were not servants of the crow- -
been personally guilty of n,
have been liable, but not .... public
could attach to the crown. As to the rem,.
right, if any remedy were applicable, it did' not
have been • ei,er resorted to except to obtain a freeh.
and interest, which had been usurped or withheld. 11
ship said that, on the most careful and anxious reseal
learned counsel could not find any authority •
case. The case of " Jervase de Clifton,"
went off on a point of form, and without art
Justice having returned the tenour of the verdict
the verdict itself. The case of " Robert de f."•
years before, though in preceding reign, rela'
a complaint that the warders of Nottin,
caused the waters of the Trent to overflow 1,
which he claimed compensation. His lortdhshipose.et
compelled to come to the conclusion that _e pr
d rrer i
taken could not be maintained, and the emu
• dat this result after careful and L
allowed. He arrive now that if 1
•the case, and he was glad to k ,
attention to Lordbwa. ar,sn
at
tx,
it e n d e e
his judgment
afterwards disposed of some Ern
The Lord Chancellor
of no general interest.
might be set right by writ of err_or.

He said a t

but not

)se or es

be laid c

which wa.