The Statesman.
London, England, 1824-01-27 00:00:00

COURT OF CHANCERY.—YisTaRDAY.
--ow
IN--
LINCOLN'S N-HALL.

DOWILI, P. Milt OP SO/MM.
JUDGMENT.
His LORDSHIP, in making some preliminary observations
respecting
the ease, before -1N proceeded, in what he consi-
dered his judgment, again complained of not having been
properly furnished with affidavits respecting the identity of
the plans that were produced at the trials. He also wished
that much of the language which bad-been used when the
case was last argued, bad not been used; he alluded parti-
• cularly to something Mt. Gootlay had said about a stew-
ard of the Duke's having gone abroad in consequence of
. forgery, and in making that observation, an imputation
was thrown out, which if it had been done by Connsel, the
Court would have'kuown how to hese acted respecting it;
in eonsecisence of that imputation, however, the Noble Duke
being the appellant, the Court could not put an end to this
proceeding. otherwise the whole cause would have to be
stopped. His Lordship then proceeded to enter at great
length into the matters before him. In the first place he
begged to intimate, that much had been submitted to the
Court in the argument of which no notice could be taken,
• as it was quite irrelevant to any thing that appeared on
the record. In the course of the year 1809, the Duke hav-
ing a wish to introducethe Scottish manner of agriculture
, into Wiltshire, entered into an agreement with Mr. Goer-
lay, who was a gentleman of great respectability in the
county of Fife, North Britain, and po •ng much agri-
cultural knowledge. Mr. Gourlay was to faits. possession
of the lands and premises of Deptford Farm, in AVMs, in
October, 1809, which he was to bold for the term of twen-
tpone years, at the rent of six hundred pounds a year for
the first seven years—and at an additional rent during the
remaining period. In the agreement a clause was inserted,
authorising Mr. Gourlay to make certain alterations and
improvements on the premises, to the amount of two hun-
dred pounds, or to so much more as might be thought
• proper and necessary—the whole being first submitted and
approved of by the Duke or his agent, Mr. John Gale. It
- happens to be the custom in Wiltshire that outgoing te-
masts retain possession of the premises of which they were
tenants for a certain time after the term of their lease ex-
pires—and this was what first gave rise to quarrelling be-
tween these parties. Mr. Gourlay complained of not hav-
ing been let into full possession in the mouth of Octo-
ber, 1809, for in that month he was only let into posses-
sion of the lands—and,having brought his wife and family
from Scotland, in the expectation of being then also let
into possession of the farm-horse, &c. which, however, he
did not getinto till the July following, which put him to
considerable aspense and inconvenience. From that mo-
ment, instead of amity having grown, discord waxed
stronger and stronger, until Mr. Gourlay filed his bill of
complaint in this Court, when two issues were directed to
be tried ; the first was, to try whether any, and if any.
what sum was due to the plaintiff for not having been let
into full possession of all the premises in the month of
October, 1809. The plaintiff claimed two hundred pounds.
The issue was tried before Mr. Justice Park, and the Jury
returned a verdict for the plaudit,: damages one hundred
pounds, which never afterwards was quarrelled with. The
next issue directed, was to try what the plaintiff was enti-
tled to in consideration of repairs and improvements on the
farm, and to this issue the Jury found fur the Duke en-
tirely. A motion was afterwards made in the year 1816,
on the part of Mr. Gourley, before the Master of the
Bolls for a new trial, and Sir William Grant, on hearing
the case laid before him, was of opinion, that he ought to
direct a new trial of the second issue, which he accord-
ingly did. It then came on to be tried before Mr. Justice
Holroyd, when the jury returned a verdict for the plaintiff
to the amount of 1,3251. and to a further amount of 6351.
subject to Sir William Grant's opinion (if the case should
be again brought ender his consideration) whether this
amount had been laid out with the privity and approba-
tion of Mr. Gale, according to the true intent and meaning
of the agreement between the plaintiff and defendant. The
case did again come before the Master of the Roll-, who
was of opinion that the plaintiff was fully entitled to the
1,3001. and a fraction. but that he was not entitled to the
6001. and a fraction. After this confirmation of Sir William
Grant's, the noble defendant considering himself aggrieved,
lodged his appeal to the Lord Chancellor, and which is
now the proceeding before the Court. In the appeal the
Doke complains of the original decree in 18 i 5, contending
no issue ought to have been directed at all, fur the plain-
tiff ought to have been left to have brought his action. It
appeared to his Lordship absolutely necessary, in deciding
this case, to go through the whole of the record, and ac-
cordingly he stated. with great minuteness, the original
and amended bills, the answers, the agreements, the depo-
sitions on both sides, the evidence given on the trials, and
the different reports that had been made by the Masters
At half past one his Lordship completed his statements of
the record, and declared that, to the best of his ability,
equal justice should be done to the parties in this cause, as
well as in other causes, let their difference of situation be'
what it may ; but his Lordship was too fatigued to con-
clude his observations, and therefore he postponed what he
had further to say, till Wednesday morning; by that time
the Court wished to know if any person could swear the
plans now before the Coon were not the plans that bad
been exhibited at the trials, and therefore to contradict
Mr. Gourlay's affidavits.
Mr. HART said he knew now that nobody could make as
affidavit that they were not the affidavits.
His LORDSHIP then thought it must be taken for granted
that these were the plans.
Mr. °outlay then begged to make an otserration or two.
the amount of which was, that he had ever since Christ-
mas
been living on the charity of some ladies, which be 1,
only accepted on certain conditions, and which he would
not have excepted from men, for
" Pity melts the soul to love,"
and as he now had only one shilling in the world, nor
knew where to raise another, he wished to know what he
was to do, particularly with respect to his being able to
sue as a pauper.
His LoRDsHiP, in leaving the Court, said, it was not his
duty to instruct any suitor how to proceed, hut he telt
sr
tisfled that any Gentleman at the Bar would give Mr. O.
any advice he stood in need of.
Mr. Gourlay—But i'll present a regular petition respect-
ing that to-morrow.

COURT OF KING'
-.S BENCH.--Y ISTERDAT
.011111110•'".
PERUVIAN LOAN.
KINDS.' V.
The ATTORNRT-OINLIIAL stated, that this was at) appli-
cation for a new trial, arising out of a loan applied for by
the South American Peruvian Government, called, the
Peruvian Loan." Mr. Kinder . having contracted for
. 120,0001. with Don Garcias and General. Pareisien, Envoys
Extraordieary appointed by the Peruvian Government;
and he having kept an account with Everett and Co.. who
bad been his private bankers, desiring tkat the money
advanced by the purchasers of Peruvian Bonds, should. be
*gad to the account of that Goveinment. The defendant
received t, tits ookooot of 500,0001., bat they refused to pay
loosoluseats,iseonsequence of which an action was brongtori
against the defending', and a verdict given for the plain-
tiff—Damages 75,0001.
The LoaD Cuter JUSTICE said, he was of opinion on the
trial, that the plaintiff was entitled to recover to the &moult
of 5,0001. ; but as to the further sum of 70,0001. entered
ap the account of the Peruvian Government. the plaintol.
=At teitttled to recover. The 'legality nr illegality sof
qvestion was excluded from the coastderation rke
Mr. Everett, in the
or
4f his tionlship, bei*
?I:Idled d
in. Everett. paymmlLuntil the .ooternmenx if
the state of Peru, should be recognised by that of this