The Statesman.
London, England, 1820-11-14 00:00:00

LIIV LvrELLIGENCE.

C. OCR T. OF CU ‘StERic. [ascetic's INC HALL,
Mosoav, \Os. lA.
The Wan CHANCIILLOI: Ralik* into Court at ten
o'clock.
Several " motions of course" Were disposed of, and
the only motion worth noticing was the fallowing:
ERNALKY P. PINNOIM AND MAU:ME/IL
Mr. HART stated thut this was as npplication fir
an injunction to restrain the defendants from car: yitig
on their trade, front signing hills of aceoteetneolntioo,
from receiving goods, or doing any colter art in the .
name of the ropartnership. The plaintitf is tie.• well-
known printer of that name, %these prett,',;es in Bolt
Court had been consumed by file ah.eve a year ago,
and the defendants are booksellers and statitme s in
the Strand. The Hill stated, that in Alarele, INI
the plaintiff entered into rov.ertner•leip nide the de-
fendants, letinaiwg into the tuucern _'too I. ns his 'lse).
portion of eapi al ; but it was stipulate:' that his none
should not appear in any of the tr..usaetions of the co-
partnership with other parties ; aael thus uaa delta
with the view of preventing the eirietoiseots from en-
tering into speculations, or getiiiig fleet ext.,nsive
credit which they would have obtained if it !.ad bean
known that tl.e plaintiff was a men:her of the fir ~.
It was further agreed, that the tletentinnts should p;.y
al: the debts of the old firm of l'innuck iNiuunders,
which existed pre% knotty to the ;deltoid's accession to
the partnership. The Bill further stated, that tie
plaintiff had advanced to the co-partnership a suits of
2,21.1, and that the defendants had ono! to Lint as the
surviving partner of the tirm of licnsley and Co. a
sum of 9110/4 so that altogether, including his pie-
portion of capital, the advance he made, the ileht and
interest due to lieu, the eo-rartietrsleip was now in-
debted to him in a sun. of :e,ileen/. The puma( hay-
ing placed the utmost contieleace in Cm integrity of
the defendants, did nut think it me:iv:arc for soles
time niter he entered into partuer. 'nip wish there,
look into the :date of their accounts, ard nothing
arose to shake his confidence in theist last :iej.-
tember, when an mconiumilat:con bill n Melo the de-
fendant bad drawn upon a person named J. Ashdown,
and accepted by hills, was sent to the noted
fur non-payment. This eirentiesi rt- e Me:tired him to
husk into the state of Cie con. ern, und on examit log
the mcannts, he found that sett ral acconeme.latios
big.' had been drawn in the name of the colartnt r-
ship by the defendants, and not elnly !ammo:Al ;
he found the accounts pot reguludv made up. and
upon fit;ther inquiry, he discovered tient his ream
had been mentioned for the purpo:e of obtaining
credit, to several stationers; amino; others, to air.
Joseph Devisor, of Sslisbury-court, Flee:-stst et.
he plaintiff upon learning these chiefs!, prot. steel
ageless the use that had been made of his nano., in
violation of the articles of partnership; he :Aso se.v..d
them with notice, that in consequence of that violation
of the articles, the partnership was, from the date of
the notice, to stand dissolved. 'I he recent payuiect
of a debt due from the old partnership, and otl.er Or-
cnnestas ces, were detailed as tending to slow that the
articles of partnership were nut duly tel;served by tits
defendants.
The LORD Criamest.ton having Mr. ILA
to read again the notice of tontine, granted an injenr-
lion as to parts of et is to say, to restrain the
defendants (root signing accommodation bills in the
name of the co-parittership, front rereiving goods
other than in the way of business, and from doing
certain other arts in the name of the ea-parturrAhit,
upan the condition that they should have notice that
the Court would hear them for dissolving the injunc-
tion, whenever they thought proper.
Some other gentlemen rose to make motion', but
the Los° CHANCELLOR observing it was one (echoic,
said, he was rather awkwardly pressed to leave the
Court, and in a few minutes after his Lordship went
away, as it was understood., to attend a Cabinet
Council.
VICE-CIIANCELLOR'S COURT,
LINCOLN'S INN, MONDAY.

cutnie F. CARST %IRS.

Mr. MAUI stated, that this was a bill filed by the
plaintiff, to recover p ,ssesnion of certain tencuo in
the c..inity of Huntingdon 'in fo:lowing• circum-
stances. The plaintiff represented bituself to be the
hc:r at law of one Clifton, wha w.,1 a partner of a
copyliold estate held of the Lord of the 31auor. In
the year 17.5, Clifton absc.:ne.ed from his abode, and
had nut since been heard of. Proclamation being
made after the usual form, the Lord of the Manor
seised the estate in his own and continned to
hold it. Clarke, the heir at law, tiled this bill against '
Carstairs, the. Lord of the flan praying the autho-
tit)• of the Court to pot bini in possession of the same.
In the co.irse of the discussion, the Counsel for the
defendant objected, that the pl.iititiff bad not proved
his pedigree; het the Court reserved this question to
be determined by a Court of law iu case the suit could
he wherwise sustained.
The only I.oint upon which any diffienity turned,
was, that of the jurisdiction of the Court ; for it was
maintained on the part of the defendant, by Me. Pell .
and Mr. Rose, that the plaintiff Lad hk remedy ,at • •
law by aeti ej, fir. It was lir ,5..41 .01
the part of the plviiitilf, that the elaiiii uf an hr.:fat
law to a copyliold estate, was good aguuin't all
kind. except the Lord of the fil..nor. The I...aim-
ed Counsel iited a number of ca-es in confirm:it:on el
this doctrine, and I.arficularly fule in which a matida-
was moved fut in the Clout of Kin;.'s Bench w
compel a tenant iii possession to ;limit the heir at law;
and r. fused, because as the Judie said, no inandatons
rookd give a better title to the heir at law than he
lead already, for it was good against all except the
Lord of the Manor.
After a good deal of argument from the Connie
on both sides, who admitted that there was no case in
the books in which a remedy at law was ever pointed'
out, or applied fur in a ease' like the pre, •itt.
'I he VICE-01AMENI.L0 4, after etressing his sur-•
prise at
.the circumstances, and after stating that he
Mil, a great deal of diffirulty in the case, said, he woad'
postpone giving any opinion upon it at present.
•
COURT OF KINU'S DENIM, Nov. 13. .
This m woing the tined Inquest for the coort&
was sworn in before Mr. hurtle; Its +Er. v. The Leal*,

:.sue

6

aft..r hit Lordship went
to attend a Cabinet
'WS COURT,
MONDAY.
tSTAIRS.
was a kill filed by the
of certain teneuo ti s in
ertlu fo:lowing circusti-
oitcil himself to be the
teas a partner of a
!.ortl of the 31auor. In
I*.ed front his abode, and •
f. Proclamation Ining
be Lord of the ?labor
atol continued to
tiled this bill agaiarst '
n praying the autho-
r pow,sion of the same.
silos, the Counsel for the
•Ltititiff bad not proved
cserved this question to
aw iu case the suit couli
It any diffienity turned,
r the Court ; for it VMS
&fondant, by Me. .
tiff he re'ne.ly ,at • •
fir. It WWI Itr.:1•41
t the claim of an lorif.it
I gotta aptinst all min.
be M..unr. The I...ara-
ca.ei in rotifirrnat.on of
y mae in which n insto'a- s,
unit of Bench w
to :Limit the heir at law;
u:lie said, no mandamus
hr heir at 1.. w than he
against all exrept the
linen, from the Connie
that there WA% no case in
• at law was ever pointed'
Ike the prrs •iit.
Mee expressing his stir;
tid after stating that he
In the case, said, he woad'
upon it at present.
•
BENCH, Nov. 13. .
I Inquest Cif the county
ire ItA +Es r. The Leiree-1
4 ►
111

tl ,alge then proceeded to deliver his charge. After
r F ainiug to them the customary business, he wen, on
I state, that it had been commonirated to him liner
• emit. to the Court, that a bill, preferring a charge
e the highest 'deuce, namely, High Treason, would
~ laid before them for their consideration—a charge
Aida put the life of the accused in danger, and would
zulution great trouble and expense; they would, there-
fore, give it their gravest attention, as it was his linty
t, tell them that there must be two w•i nestles to prove
a.•i overt act, but if there were tn•o overt acts in tint
orunt, and to each act there was but one witness, it
would he their ditty to find the bill in the same uran-
r,•r as if there had been two witnesses to each act.
'1 hey had cognizance of every description of offence,
from the highest to the lowest; if, therefore, the of.
t• nee of High Trra^•'n a•as not proved, but there
should appear soy other offence, it would he their
enty to specify the same by indorsing it on the back
of the bill.

The Learned Julge then atirerteil Mr. Henchman.
tl.r Under-Sheriff, to attend the Wand Jury, and they
retired.

KowARD.I r. JIIIINItc.N.

In this ease a new trial was moved fur by Mr. Dix-
)(tn. The ground on which the motion was ■tads.
nil, that the verdict of the Jury was against the evi-
dence in the cause.

Mr. D.:xmax stated, that tlte action arose in cons.-
tence of the defendant having failed to make good
the ternts of a public sale, at which he acted as auc-
tioneer. The plaintiff and defendant listed at Birm-
ingham. The defendant being appointed to pot up a
pnhlic-honse in that town called " The Talhot," to
auction, a day was fixed. the sale took place, and the
plaintiff was declared the putchaser. lie was 'mare,
however, put in posses.• of his bar:rain, and the
auctioneer rernsed to give np the name of his principal.
rietinent applications were made its different quarters,
without snivels*. to have the bargain completed, and
the 'plaintiff at length sited the auctioneer. its order to
wake hint answerable foi the loss he was at. The
trial came on at the Warwick Assixes, before Mr. lea-'
ton Utahans, and there bring no evident,- to spew
tit it the auctioneer knew his principal's name, or act-1
Psi in collusion with any one, the Jury found fur the
tirferalant.

It was this verdict which the present motion soucht
to set aside. In addition to the ground already stated
of the ver.lirt being against evidence, it was said, that
t satisf.ertory evidence could now br offered to show
that the auctioneer was aware the premises tvere at
010 in the sheriff's hands, hr leaving taken them
in etreettion.

The Court granted a Rule to slim range.
r. at:T►oRD AND ornEus.

This was an action of damages brought by Mr.
Davy, the plaintiff, against the Commissioners of
Bankrupts, for imprisoning him for sic weeks on il-
legal grounds. Ihe cause was tried before %Ir. Justice
Bayley at thailalhall, and after a long inquiry, the
Jury fumed against the defendants, with 2110/.
damages.
Mr. Sea 3t.urT now moved is set aside this verdict,'
anal enter a mineuit for the plaintiff. Mr. Davy was a
'freers! trailer at Plymouth ; hut about November,
151 S, his affairs becoming embarrassed, anal his credit
being shaken, some of his erriliturs thought proper
to strike the docket against bier. The ordinary pro-
ceedings took place in consequence, and the bankrupt
w.a. brought up to London, to be esaanineal tonclaing
his affairs by the Commissioners. Pram the beginning,
h. 'never, there appeared an indisposition in Mr. Davy,
to let these gentlemen into the n hole of his affairs,
and the balance sheet of his debts was singularly im-
perfect. lle was questioned repeatedly as to the
means by which hr supported his family; lint his
answers always appeared unsatisfactory to the •
missioners. At length about the beginning of
.Icly in that year, they called upon hint pereisoptia-
Cly to any, when he could give a derisive answer
to their interrogatories. 'I he bankrupt asked till the
2 '.th of the month; hut they gave till the :10th. Ile
p .sitively undertook to be precise and positive in his
ayswers that day, and at the same film• to produce his
ha: ance-sheet, in a corrected form, the absenee of ;
ic!•icia seemed to prejudire him so much in their eyes.
When the appointed day came. he was hail up again,
fact the I' ...sinners were still far from being satis-
fist The promised balance sheet was nut forth-
r,iating, and the bankrupt refused to give any sa-
t'-faction concerning it. Yoder these circumstances ;
t.. Commissioners suspected that he was about com-
realing something from his creditors, anti they cons-
tn:tthd him to prAton for contumacy. This was ahout
the beginning of Aligns% Hifi, anal sit weeks in-
tegvened before Mr. Davy was restored to liberty,
but in the mean time he had cot eeeee enced his ac-
ti on against the Commissioner. fur false imprison-
'rect. the issue of which has been already states!.
taiv it may be weil supposed, the main question,
ir the caw= • was the right of -4ita Consmivainners
to commit the Bankrupt. But the verdict of the
Joey seerseil to have rested upon a collateral issue.
That the Commissioners meld commit a man fur
retusing to explain his affairs was not denied, but
by law, they could not compel him to produce his
halanre sheet, therefore they illegally imprisoned
him for not producing that, which it has been seen
tbsy had no right to demand. The stay in which
001 was met by Mr. Scariett was, by saying that the
C.,ammissioners had not imprisoned the bankrupt be-
cause he did not produce a balance sheet, hut because
he did not produce a certain something on a given
day, which they were led to suppose from his own
aq.count, was material to his justification. Ile also
argued from the iacongrnity of his answers to the
interrogatories, many of which he read in the Court,
that the Commissioners were warranted in concluding
tie Piaui:rupee account of his affairs to be most **-
satisfactory.
The Cli ar Jutersca said there was no abode the
4iissinners were justified in respiring a hang-
give the fullest explanations on his affsics,
should be careful that they did not take ille-
irregular steps to arrive at that explanation.
the bankrupt's answers were certainly very sou-
*factory, and abstracting hoist die affair the ha-
sheet, the Commissioners wawa quite warranted
it they dial. The dansagra.srere large, and his
ip riavu4ht it was a case teh:ch tu!gh' be fur-

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