The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1843-12-19 00:00:00

LAIV lA. TEL LIGENC.B.

I- ---- ERY, JA n i 6.
1 COURT OF CHANC-'

WALSH V. GLADSTONE• s d
The late Mr. Blundell bequeathed two snirs.orpro,L4
in trust to Mr. Robinson, of Dale-street, -y.loijocoll
apply them for the benefit of the Roman Cl„l'o.treti
of Ampleforth, in Yorkshire, and Old Iris beteitry
Hertfordshire. Mr. Robinson died beforel toot;
and on a petition being presented for the PvictPol
legacies to the presidents of these colleges rvehwti'anot
cellor made an order in their favour, but 110°7"re,
taken by the Attorney-General that the affionoo,,
satisfactory, inasmuch as they did not statetDrititsoo,
sidents were permanent officers, in whose hotti'o
would be secure for application to the instittinvtioofll
tion. The Lord Chancellor heard the ohieeA of 6
during Michaelmas term, and the matter ,
have the affidavits amended. to sty
Mr. Tinney now produced new affidavits, tios
the presidents of these colleges held their 1111101011.!,
same tenure as the heads of other colleges Ord ter,
kingdom; and that they were men of probity d,
ability.
Mr. Twiss appeared for the Attorney-urenjs
sented to the payment of the money. xngif'
The Lord Chancellor made an order accord
01.
LIVERPOOL DISTRICT BANKRU.-C
ANOTHER FRACAS. -
s O
11' r 1,04
We gave in our last the particulars (Slk4l'i
fracas between one of the learned commissioner,'
and Mr. Green, the attorney, arising out of iniee r,;l
the court to receive the petition and schedu, led
solvent, named Mary Jones, unless anc°re'onrOTio
general balance-sheet. On Tuesday,ure 101' ,/
• ttll 3 t',l
to the subject, and concluded by stating
his hand the opinion of a most eminent gene eol
bar, that his honour was bound under the
fitel
mandamus to grant this order. 05 SP
Mr. Evans, the solicitor, being in court, h.terttp
to by the learned commissioner, and stated, t'ee" aPo
agreed with Mr. Green's law, be did not agree/Ai
manner in which he laid it down.—Mr. Bar Betir4
expressed dissent from Mr. Green's behaviour'', Pit,
that he had expressed himself " interoperatelY:,rtoriod
colloquy then took place, conducted on thenrWuj
Green with much warmth of manner, betvneoed ?
and the bench, in the course of which the '-tioge
missioner frequently complained of the 184, 00
was applied to him. It terminated as follovis."-;
Mr. Green.—l have one word to say to yrre sblP
that unless you immediately decide this,
too late. • Ao
The Commissioner.—Now, pray, sir, s.
Mr. Green.—l
The Commissioner.—Be good enough to Sit (I°o.
Mr. Green.-1— let
The Commissioner.—Now, don't begin 1411 coo
entreat of you; do let me prevail upon 500. 'lo6*
yourself. I thought that, from your sittingtroge?
little reflection had had a salutary effect onstsbiolc,
i
temperance of spirit,—a spirit that must, e tb°"l
any man for the calm discharge of his duty,
I was not making a remark too severe whe,ll
shall inform you—you understand nie, best TO'
the opinions of those gentlemen 1 know
be quite satisfactory ?
Mr. Evans.—Yes, sir.
Mr. Green.—Allow me— t what'
The Commissioner.—No, I cannot. .11
another matter ?
Mr. Green.—No

Ih'"
le.

, sir.
The Commissioner.—l will hear you ne rernci. yOO 141
beard quite enough. I might have steePe. jpeosi:6,
enough before I did. I have shown great I`l° 0
consideration to you, and you have shown the
•
of an ungovernable temper. tegie°
The Court then proceeded with the regular b
the day. of )111'
RENEWAL OF THE ERA CAS.—COMMITT-
GREEN, THE ATTORNEY.
On Thursday morning Mr. Green again Prese 'dein
self before the learned Commissioner, with WI t
petition in his hand whichhasbeen the snirjr.fiol!,
much discussion, which the Commissioner olise coanwo
desired Mr. Green to withdraw. Mr. Green 11° rog ,
ing, the command was repeated, when Mr. Greif be Ito
address the Commissioner, who warned him,;Jost,
commit ' coed
sisted, he should immediately 'a
f
Green persevering in this objectionable line o
.iterno
the Commissioner remarked that he had no be,i
left, with due regard to his dignity as a Judge' if
not commit him. The messenger was, theref°e' 10°
to take Mr. Green into custody forthwith• oli°
Mr. Wright, Mr. Tyrer, and Mr. Evans, 81'
Snf yfim
severally interposed, to extenuate the offence voee,
Mr. Green was the subject. Mr. Green wshs ,I,bo
exceedingly impetuous, that he exclaimed, wit' e- ,g 3
" I have no apology to make." 0.:0
Upon these gentlemen again exercising their g°,,, receloj
on his behalf, his Honour replied that he conw.irtigit
neither explanation or apology Lt this star,,,e ; w;,C°
committal must be made out, and forwarded r° 41°,1'
of Queen's Bench ; and, until that document:cf.:Wel
istence, Mr. Green was not in a situation at
tb
os°'
purge himself of the contempt. vate f
The Commissioner here withdrew to his Pr: Birolf,
and requested Mr. Wright to follow him. aed
retur oio,
having remained with him a few minutes,
court, and conversed privately with Mr. GreeTlicled
strongly upon him the necessity of making a 1?„p elite,re4l
logy. Mr. Gaskill, the messenger, at this Pei cor"gt
the court, with the view of taking Mr- crop,'t.' DO'
to La
the moment the warrant of his committal
Castle should have been made out. Shortly s eh,
Commissioner having resumed his seat on the benilosrlio
Mr. Green rose and said, 1 beg to assure Yourojerl,
that I had not the slightest intention of treatingpeibres,,°e;
or the court with any contempt in what I h3v" ,y
vancing, and that I beg respectfully to express no l'
that your Honour bas considered for a moment t"
treating you with contempt. A stt
His Honour.—The Court is always place -
painful position when it is obliged to have receor,t` oitEsti
greatest power under its command—that is, in r,rt).-ort,reil
an individual to the custody of an officer of the mm,jef,e3,
removed by that officer, on my judgment, to her "erirtel
gaol, wherever the offence may hate been °„.l, resell
Such being the case, if in an ordinary
matter
to an individual who is not an officer, it become! eirni
r;tp ,110
Painful for the Court to exercise its high antrr°,er?icbc#
ttre
much more painful when the Court has to ex art,
o
regard to a person who is an officer of be Cr°, orrci„cr
bounden duty it is to act in a becoming Moolle;ber rt,
set an example of propriety to his client and °b
set
sons. You have certainly misconducted 5i0n,,•;4143
tremely. You have, not upon one, but upon alto i~
occasions, insulted the dignity of the Court;
you have done so, it is my duty to administerfr, be it
mercy, and not to do an act that can in any degre"bot:4
strued as doing any injury, for I can assure You' '130516'
I am now going to say, and what I have done,,,iit",;l
done with sorrow. I take this apology, uP°9
drawing your language, and upon your cxere,i'tbor:tf
contrition. I cannot but congratulate trYse',eati,
had persons so competent to advise on the Pr'',oo.ooo;
sion, both from their rank and character as bt-pia,"
and their knowledge as lawyers. I cannot hutd;,iierd bf
you were particular fortunate in having sucti-I Sr'
have reported this matter to another court, 7,3te
post to-night, withdraw that report, and consriil ete°:s s
ter as at an end ; and I assure you, that I shalt fort ion°
when you appear before me as a solicitor, Ire:
nothing of this kind had occurred. I may as ~n"eal'iss„to
you, that I received a letter from Mr. o,,'",tbePaeo
Daniels, of Birmingham, in• which he state., t"'ithe.
receives the proceedings in bankruptcy eager
general balance sheet.
Mr. Evans.-1 think him wrong. Ade ?jtil
His Honour.—That may be, but who shall urn-raory
The ordinary business of the Court was the° r
with.
FRAUD ON THE REVENUE.—III the Court,,n riOcie
Bench, on Friday, Mr. Blake, formerly a lantorNicS 051
was found guilty, under a criminal info.rmationZo" •b‘e?
cused him of conspiring, with Mr. Tye, a C65-a-ode
agent. to defraud the customs' revenue. The Pocries(
imported in the ship city, of Boulogne, in 1840,Lonupt4
of Messrs. Vidill and Co. Tye was abroad, ilenre
jurisdiction of the court, and did riot appear'
was not pronounced.
The unprecedented number of sixty-eight writs: °f°('
tiorari were issued on Wednesday from the Cr° dtl
These writs are all from Wales, in cases arisill,f, Crerof
the late disturbances, and they are issued by trotsted
on the presumption that, in the present exelteu,, are
local feeling and strong prejudice, impartial triaront tic
to be bad in the principality. We understano. wihoo
fore serving the wrirs of certiorari, a few cast of of
tried in Wales, in order to test the irnpartish"eits
juries, and if these cases prove satisfactory, the
certiorari will not be carried out. ssOchr
COSTS OF INVESTIGATING A TITLE, P
BORROWER AND MORTGAGEE.—At the Cour. t
Gvolr
quer, on Wednesday last, (before Lord Abingerna
hall) a case was heard—Hollingsworth v. MeYnel,--clelego
ing this question. It appeared that in 1840, ti'ef
ant, Capt. Meynell, wished to borrow a sum ° and le
by mortgage on some estates near Newmarket, .ges.,;.
the plaintiff proposed, through his attorniesi the
Stokes, to make the advance. The attorneYst, the C;or
pective parties met, (Mr. Valiance appearing N'refere,rl(
tain) and entered into a long correspondence ,in.tedn"d
to the title to the property. The negociation I°' 0 pro sett
a year, when Capt. Meynell's solicitor declined t bete
with it, stating that he could procure the 1°,612„ lot br/i
terms from a relative. Messrs. Stoke's ehansi. and ,t si"
tigating the title on behalf of plaintiff was ''.:..,„„rds 'dor
defendant refused to pay. The plaintiff after"- pre' or
the sum to Messrs. Stokes, and brought tbtetorrrelor
action, charging the money so paid to his Or toliedepi;
so much paid for the use of defendant, on b'9,:of
quest. The question turned upon the existeo.- ionir
tom that the borrower should pay any exPens,,e!ity.,
by the lender in investigating his proposed sec"' 000
It
Valiance said he was ignorant of such a ens° t;les
the payment of the expenses of investigating ti 00:0
tween mortgagor and mortgagee was usually 2
contract between the parties. On the other ban ;II s°oo,
Hollingsworth, Foreman, Barley, and state
tors connected with firms in extensive business/
result of their experience to be that the eusta„:011611„;!A
gating a title were payable by the borrower, a" section
admitted on cross-examination that in transae-otijr,
much importance, or where considerable eltPtioil r2P)
likely to be incurred, the costs of the investigl
usually made the subject of a special contrartorc
Abinger thought that as the investigation had be•eteareoort
off, the plaintiff was bound to prove the eflters
such a custom in clear evidence. The jury a
t 1,, es,(jic'
deliberation, stated that they did not think $
was established, and they, therefore, returner.'
for the defendant.