The Statesman.
London, England, 1818-11-30 00:00:00

LAW 114111?1,LIGEACR;
•
VLCE-05AN.1•ELLOit'S CO*Urt. Nee. 3.
. •
THE EARL OV SD iPTVILItir LORD itollf.dt opriteiti;
ARO ANOTHIRIi D THI DUEE DP Si 41:LD:ipuUGH.
Sir A. Pica°.lll meted t. it lb. D eridasir aisoukt
be restrained from receiving the riv.ts or prat, of
certain estates, since the death of the late D •k:, and
from cariiii.g on any krtioo wgairtit hn tenanti,
not paying the said rents. This case had been heard
before the Lord Chinceitor, who 'pow! the Is.
junction, suject, however, 00 such ohjertolis RS
the Defendant's Counsel might make. rho st- tea
of the family were devised to the East of ihafiesi.ury
and Lord K. Spencer f..r 3OQ years, n of
! the rents and pr. Mt tieing applied i keep down the
interestsof theincombrancei, .he payme t of certain
annuities,and V.esum 30,0001. to th" Duchesa.afteo
which thesurplus was to be given to the Duke. Its. May
last a receiver was appointed, and 14. RI .4katone
was that person. Tee Dske though: he hid a right
to the rents in arrear before the appointhsent to,k,
place; but surely the Court could not vatirtine hisri
to that opinion. The hill tmi!o e the Lord Ch;liscel-
lor stated, that the Doke had no colour of title what.
ewer to the property, but yet his Grace ha.l to seil
seven or eight actions against some of the tenants.
The Vica-CtiaNcELLor. do nut see how that
Duke can maietain soy such actions, • •-, •
Mr. HART ...rid, thst h.or
,Grace had 044 an (A.
davit, in which wan n Icier of 1,3.3 Shaftesbury's,
where that Noltle bord vtates, that be conceivrol rho
Duke entities, ilie arrears. ( Vic. D•iri) mast
say, Whoever advised the Duke to think so gave hiut
'bad sidvice.
Mr. Ow.. nu the other side, contended that it
never could (hi' cf [Le Ortirr of the Court
to deprive his Grace of K hat be was In posses,ion oL
suilici.,o case was ins 'is out to 41i e • there could
bonny refereticd.to pa,,? tents, rend ttior.tfarp eh°.
tended, that the ord:r ber ken in a pebspettive,
not.retrespective prise. : • "
The Vitt-Ctl tNICLI,LUR Aid, 10 must 4siderstandi
this order as civet) for j4stiee to beth pariierat The
invumbrances took effect alter the death of Hart testa-
tor. Toe trustees were placed in aashosity, on. 7
eo.,dition of receiving all reols, and paying the in. t
!erect of the nod :he Duchess's an+
nuity. The Doke certainly had on right to bring
any action 1'44114 the tenants; and he must be re-•
strained from interfering, di:etilly or ineirectlyt
with the re:lts. The CooP, th«retore, were hound
to igrqu.t the Injunction. The co,tv to he raid by-tho
receiver out of hie funds.—lojunciion graottal.

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COURT OF KINCVA BENCH. 10;r
TILE KING a reur. AND A NOTIIFIL.'.
Mr Gutteeir .aid he had tolt ow their hoidshltli4
cause agionst a role obtained by Mr Searle° on d
former day fur filitig cti uini9 informations evilest
Mr. Peel and another Gentleo.ao, for a mbeirmean.
our. Mr. reel aria son of !Cr Ro •ert NeAl, the.
other Gentlemen tans Sir anbort's lid
(11r. Gurney) regretted mach he had' not been able.
to show cause oil an earlier diy, he ,hould`
now be obliged, on the last dap of the Term, tone.
copy a very considerable portion of their Lerdshipt"
time.
Mr. SC tnr.rTt here suggested, that showieg Mtge
re;eht, without prejudice /o either party, be post.
pooch 'ill next Term.
Mr. (7. ettNyv w.is ready to adopt the suggestion of
t Leann d l'riend, if in so doing he had their Lord-
ships' Pan, titan.
'PA. Cl° it'tTlTE.—" Lot it ho see; MP dela,'
May be of advantage to the parties : they may in the
mart time V awe a communication with each other, and
happily come to such an arrangement as way relent
the matter proreeding farther."
hi ATThR OF PitIVILECt.
Mr. SEANU.F.TT OD a former dap obtained a rifle to
show cause why Dr. Baltine should not he discharge
ed out of cu;tetly, under an esecetion for debt, otg
the grounds of 'tie privilege from arrest, he
heinßvme
of the Gentlemen of his Majesty's Privy Chamber its
ordinary.
Mr. V. Lksvve and Mt. CIIITTY DO* thOlTedi
etas. eiteinst the rule, and ronteiided that the 'olficst
held by Dr. Ratline in his Majesty's household was
nut such a one as entitled him to the privilege in
qeestion ; itisamoch as it was net an office which re.
(iked the attendance of the Defendant about the
person of his Maje-ty. it being laid down in Lord
Coke's Second Institutes, sod recently held its the
cases of Barnett st Hobbs. and lies v. Foster, the
first, Deputy Clerk of the Kitchen ; the last. Body
Coachman to his Majesty, that soA constant !Min.
ty to be called on was necessary to give the rojtal,
servant privilege from arrest. In the present case,
Dr. Battine was sprinted is Iglt, and had rime
one,., since that petit d, been celled into attendance.
Mt. SC RLETT and Mr. MAkttlAT, OD the part of
Dr. Baltine, cooteuded that he was prirl'eged, ale
though, as stated on the other sole,. the Defendant
had never been called on to &stead the King, yet he
was liable to he so on state isecesioes,whonever
vertigo should think fit to require his attendance: The
rezisosi why he had tint been called on might be found
in the lamented indisposition of his Maj,,ty. It ap-
peared that the duty of the Gentlemen of the Privy
Chamber was to attend the novereian on the occasion
of Royal Marriages, 11 •yal Fooeials, the reception
of Foreign Ambassadors, and genCrstly on state tic.
casinos; and, infect, several of the Gentlemen had
been ordered to hold themselves in reviinese to at-
tend the solemnity of ber late Majesty's funeral on
Wednesday neat. The Court had recent y held, its
the ease of the fire and candle lighter to the yeomen
of the guard, and in that of one of the children of
the kitchen, clthough he first executed the duties of
his race by deputy, and the child of the kitchen had
only been required, lo a course of •several years, to
give his attendsnte on one occasion, that both these
persons were privileged, because they were liable to
be called on to attend at arty time.
The CHIEF JUSTICE said the procticiaof the Court
appeared to have been, that where there was no
doubt ezirtine of the privilege of the perkim applying
ey Mould discharge him on motion ; but sallteme there
was a doubt, then the right course to be adopted would
be to put the individual on the preduciien of his writ
of privilege. At first the Court were intoned
to
dtheinntkoDerprilaivititeignee
absasd
stihviesaprr
tiarilge;
e.cohntrt ie,ilt wasionco
aptai.

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