The Statesman.
London, England, 1819-06-30 00:00:00

THE STATESMAN,

been est answer pi/ in, bul he thneight that fact made
no material difft.renee seder the mailer theism-
mailers of this cam Bet it was a matter of pos•:bi.
lily, that as t►e regular practice could not be ascer-
tained, some mistake might seise in making en order
for an immediate •dismissal of the hill. With this
impression, he shrinkd direct that the instreasent in
casstion be produced nn or before the third Seal, or
the bill disraissed, with liberty to the Plsintiff either
on the first or second lies! to make appliamio.. upon
elfidseit for Norther time. This was the order which'
he height at the pretest mement would he the meet
advisable ender the peculiar cireemstanees, but he
should defer his Goal decision until 10-Morfoli morn-
ing. If, however, nothing more nes said respecting
the ease, it might be concluded that be intended to
mob. me alteration in this decision.

COURT OF RING'S PENCIL Jl7lB If.

This morning the Lotto Clllll/ Juntas wont In
Geildhall, •ud sat at Nisi Paws till eleven o'clock.
Ills Lordship disposed of I undefended calms,
and then returned to Westminster, and took his mat
upon the Bench with his Learned Brothers.
it being the festirsl of St. Peter, which is still
retained lo our yearly Aletsn•ck, thei♦ Lordships,
wording t• ancient custom, wore their scarlet robes.

Mr. Justice BATLEY (the Lord Chief Justice hay•
in left the Court, on other besiness, before Ur. Hunt
had conclotied his reworks) said. that this ipplica.
Ikon wall made to sire Court, to direct the Master to
rethew his tuition, epee • great many grounds. As
le the writs, he thought that the Attorney was jowl-
led is issuing both, as it did not appear this they
were concurrent writs, end there were arbitrate !no-
live for issuing both. The nest point was stilt re-
gard to the declaration. And here he thought, that
it was the duly of the Plaintiff's Altibrial to know
what the length of the folios was before he wade his
charge. The attorney could count, sad he was
bound, before he sent In his bill to be razed, to as-
certain the tied eztent of length. If, instead of
counting, he chow to proceed upon conjecture, he
proceeded at his peril; and whatever 'spoors Ma
Defendant 'peened in setting the wetter rights

the attorney wee boend to pay it. ff the aelorney,
when this role was granted, had minsmonirated
nith Mr. Heat, and had endosvourved to set 'lto
matter right, then he would hese *prettied before
the Court without any imputation of Wiese ; het he
hod not done that, sod therefore, at far as related
to this point, the Defendant was certainly entitled to
have the costs of this 14,0k-stifle. With ',vett to
the charge for the Weenies, his Lordship said, he
believed that it was customary in London end West.
winger to treat the talesman in the same way as the

special Jams; bet be knew thet, le the cavalry,
there was often a eempleiet that the talesman did
stet feCtifo the awe sent. H•weeet, when he leak;

ed at the Act of Parliament (24 Geo. lII.e. 16,8.2.)
which regulated the fees to be be pie to special
'oilmen, he had no hesitation in eayieg that the
coolant In London end Westminster was cermet.—
The neat objection was the fees paid to Counsel.—
And first, it was said that too many Counsel had
beta allowed. Now, the Master had a discretion
en this heed, to be regeleirl by the nature end meg.
wised, of the arse, end the number of witnesses to
be examined. In cases of Impeetance it was every
day's practice that the Camel who mindected
IM case should hate the aisistatice of ether
Gentlemen, who might supply him with ergs.
meets when objections were made In him. Ili.
Lordship thought that this wee a ass* of that kind s
it was not like an ordinary action for goods
.41d sad delivered, or on • bill of exchange, and
therefore he thoeght that three Cermet onght to
be allowed. Bet then it was said, that no matt
was bound to pay Counsel at all. This @loveliest
appeared to him to have arisen Iron a Wisp.
prehension of the subject. Lt never could be soy.
poled by any reasonable man, that Counsel should
give up their talents sod time, nay, theirlives, be
might ray, gistuitossly. It we, proper that they
shield receive those emolument, fur their exertion,
which might pi • their bonnier, lategrity, and
independence; Red nothing, he was satisfied, was
so eminently qualified to senile the doe adraisistrer
lion of the NM., at to have the Bee filled with Goa.
timnee of talents and honour, oho would hike care
to see that justice wart done to all partite. it bad
been observed, that Counsel could not maintain an
action for 'hes. And why ? Not because they were
nut entitled to fees for their labours, bet beeseseit
was expected that all their fees should be paid before
the action was tried. It was their duty to receive'
their fees before they engaged in the business ; and,
therefore, if they neglected to do so, the Courts of
Law wend not allow Omni* bring an action It wee
the sans* with a physician; hr also received quiddoes
honorarium, and he was expected to receive it before
he prescribed ; if he die net recelee it, be could oat
maintain an action against the pitivat. Ms Gerd.
ship had now given an answer to each of the Moms,
and is his opielion she whole of the application
ed, eacept with respect to the number of folios iu the
declaration, end be did think that, with respect to
that, the Master ought to review his Mathias and
if the declaration was ender 40 folios, then the De.l
fondant ought to be allowed the tests of this 'p.
Mr. Justice lioa.novo and Mr. Jamie, garrotes.
awed in opinion with their Learned Wattle' on all
the points ; and the role obtained by Mr. Bent was
thee made absolute.
Dosing she discussion of this subject, sanest ob.
aorntions were made by Mr. Scarlet' and Mr. /Lent,
which each considered es teaseling pereonally upon
himself. They alteroately applied to the Coen fee
protection.
Mr. SCA/MITT said, that if this Gentleman thought
pope, to plead his own mute, he d that the
Court would not suffer him to conduct himself le a
vr..y which world not be tolerated in airy Counsel.-
11.• claimed the right of being protected by the Court,
and be hope that there would be en equality. Mr.
hunt should sot be allowed to make use of language
which wee so &roguery to the dignity of the Bench
as it was improper and offensive to the liar.
Mr. Justice BAILS"! said, that it was only the de.
sire of the Court to preserve equality, and It would
de, so. Bet there was a deviation is the first ki-
tten's', it was difficult to restrain the reply ; and there
was certainly • deviation in the first instance here.
" Unfortunately," said his Lordship, " you Mr.
%erten, did not confine yoerself so entirely to tbe
ease as you ought to have done; and L must ay,
that although the Court 0111 not sufkr any person,
in pleading his nerneettee, to makeany irrelevant oh-
twenties', and, leeet of all, any obsereatione offensive
to the Bar, yet, Gentlemen, pleading the estursof their
Clients should not inset oat of the ease to emits the
feelings of others. I trust that r have always oh.
wined, and that I shall ever continue to observe, that
tido impartiality which I ant r.quired to exercise by
my sloth, without considering who is the one party,
or who is the other. tr. in any case, I should devi-
ate from this, I should not only disgrace myself, but
do an act 'streusel, wrong coil reprehensible in every
w„y, thorofuro, that there will be so anise
intetruptions on tiller side.