The Statesman.
London, England, 1818-11-10 00:00:00

'7'

• • • '-I,f

:77'r?

*
•
!..‘C .
;

. • -

,

MON.
L-ifV Witt L,

K.

chtti..cir CHANCERY, Nov. 9.
The Court of Ctia,.cei, s. engaged the whole of
Its St this day in the pori.'•yarisi.; of a case in.
te.re..itig only to the par its immediate', concerned.
The new argument between W. ter* and Tap for waft
pnciponeo in consequence of the Solicitor-General's
; and the case of Tempest and Ord was up-
' pointed fur Monday neat.
v ANCEI.I.c ICS COURT, Nov, 9.
A•ohttiltS, Ii! THE MATTER or ANDREA!.
I Ili. was prayigig that cc.tain accoonti
I e referted to the Master, iu order to reduce szor-
ii•Aiit cogrgo.).
The Vue CHlNctr.r.mt said he recollected this
'point a rgUrti Kt. a with by Sic Samuel Romilly,
and the rinciikl• theft established was, that in such
.•eases a. • here it could be satisfactorily
tl•at an eatrtnintit rburue had been made, GC-
"Awe/a multi to he —Order granted.
is PANTE CL41111.. INT.TIMINATTER OP EDWARDS.
ply writ rather * Ploy. It 11140airadift0111,
pea, cal affidavits read, that the Petitioner Clati
I..rmeris 5i10... out a Cenimksion of Bankruptcy
• st a Mr„ Edwards. It appeared, however,
.tisat, the Commis-ion had been unwarrantably issued,
• ere Edwards bad nut been guilty of any act of bank-
t plc) ; and on application being made to the Court,
1: was ordered to be superseded. Clark now ap.
tiled to the Court by Petition, praying that Mr.
Wake, a Solicitor, should be, ordered to pay the
costs of the Commission, on the grounds that he had,
by false representations. induced the Petitioner to
out. It appeared from the affidavits of Clark,
th;t Mr. Wake had represented Edwards to be on
she verge of bankruptcy, and esprensed his surprise
Oat the deponent should trust him. On the dep.-
• newt's saying that he was not aware of any act of
Ithrikruprcy of which Edwards bad been guilty. Mr.
Wake informed him, that a Commission would he
taken out whist him in the coarse of that day by
some other person, if the deponent did not do it
that it was mammary for the petitioning creditor to
. be appointed an assignee, which would be an advan.
tap ; and that he. would give the deponent MO% to
etahle him to take out the Commission, if he would
site him (Mr. Wake) t he business. Deceived by thin re-
presentation, the deponent had employed Mr. Wake
to tyke osatalse Commission against FAlwsrds. This
statements was corroborated by. the affidavit of s Mr.
Turner,whe was present when the conversation took
plaie.h. •Keen the Petitioner and Mr. Wake.

tde..etlLLatt, Coonsel for the Petitioner, wag pro.
weeding.to reed the allldatit of Mr. Clark, when he
. wit interrupted by the View-Chancellor. His Ho-
, vier rel 4 that the Pythias was founded on a princi.
ktgehich the Coon could nut admit. The Petitioner
li
.100..flist,the Solicitor, Mr. Wake, misadeised
ststrOherefore, wishes him to pay costs. 46 I call
on the Court tomato him pay Inform's, because he
• 4afskere birdwdeire Wed induced ma to enter into a cor.
rupt bargain." No beirt of Equity would support such
a demand. If he lent himself to corruption, to put
mono), into a Solicitor's pocket, was this Court to
efteetens ore him in such a transact' ? The Petition
could not for a moment be listened to.—Dismissed
Kith costs.

sir A. PIGGOTT, Counsel for Mr. Wake, regretted
that the answers of 'his Client had not been reed, be-
cause it *fluid then have appeared, thet the cilium.
I►iPN contained in the alidsvit of the Petitioner were
wholly unfounded. Mr. Wskrob high character for
respectability called_opon him to make this declare.
tion, in rase the misrepresentations and falsehoods
which had ibis day been read in Court, if left un-
•corit radicted, might be carried before the Public, and
be prejudicial to his character. lie had no hesitation
in sl)iug that the Whole proceeding was ouine to a
most wicked combination formed against Mr. Wake,
In the quarter witeri he IiVPS.
Mr. Coustr.---It is a wicked combination on the
pert of Mr. Wake.
V Ici• CuAtrcELLow—The Court cannot bear these
rema tics.

Sir A. PIGGOTT.—Very true—this is not the pro-
per place.

TEMPESX V. onn.
This cat,. which was put •ff nn Thursday lest till
elk day, ,1 for'her pos paned till 114ondat float, and
is to be transferred to the Lord Chancellor's Court.

COURT OF SING'S BENCH. Nov.9.'
REX D. BELL AND OTHERS.
'MS was an indictment for a nuisance in causing
bstructidne to the navigation of the river Tweeti.-
VPltlitt for the Defentlantson two counts, and for the
Crown on two others.

Mr. SCABLETT moved fora rule to show cease why
the verdict for the Defendants should not beset aside,
and 4 verdict entered foe the Crown, on the ground
of a misdirection of she Learned Judge who tried the
cause. Certso fishermen had erected four heaps of
stones in the Tweed, called bats, to enable them to
stand in the river at druid tides, for the purpose of
fishing. It was clearly proved, that those bats were
a nuisance and an obetruetirin to the navigation and
the course of the river. Vessels had been lost on
them. *Floods that came down in the.winter carried
off the upper stones, whlch were generally replaced
*eery spring: but there were two of these hats. the
very foundation of which had been laid within the
- 'memory of man. For these two a verdict had been
obtained : but with respect tp the other two, the
ori,;n r f which could not be traced, the Learned
Judgo.r. barged the Jury that ea they had *misted from
,time irernumorial, the Ilefeadants mast be acquitted
es to them. Now this direction be Considered to be
wrong in point of law. The Learned Judgeeeemed
to think that !Isere existed some enetrrgy between a
highway or land, ands navigable ricer. 'rhis, how.
ever, would lead to very erroneous conclusions :
high* av by tend might originate iy the grant of as
individual, aid there might be reservations or condi.
firm, nit.icloirl to the grant ; hot this never could be
the rase with a navigable river, vrli.kh is, from ell
time, the King's highway. The therefore.
could] not originate in a greet; and It was impossible
to prescribe fi.r a nuisance. •
• A Chiet J.oitice ABBOT %emoted, that the rule es
iskorl for at Pit'Sttit Wight technical in•
couvrotenee, bra the Cued it, with per.
to Mr. Scsrlett to draw' it ep or trot as he
ought lit.

1

:~