Vice-Chancellors' Court, ...
The Times, 1824-08-14T00:00:00

-- .- . - ml--aa. to Oir. LSEALD tnat ne nati read the papers, and fuliy considered thiicase since yesterday, and he still continued of the same opinion. Air. HEALD understoodi, of course, that his Lordship granted the order for payment of the costs of the proceedings, which were to be set aside. Lord GXFrOnD.-Certainly; I think the motion ought to be granted in the terms of the notice. Air. AloonE, on coriing into Court soon afterwards, said, he hoped his Lordship would allow M1r. Pownall to met off tiiese costs azainst part of his demand for costs incurred in the preceding stages of the suit. LIord (hFa-oRD did not see any ohjection to that. Mr. HEALD said, that the enly objection to it would be the con. fusio't it would be likely to create * as Mr. Pownall would be enti- tledI to the costs of all the parties out of the funds in court. Lord GiFproRnD. But if those funds should be insufficient to pay all the costs, Air. Pownali would have a personal clailm against the suitors. 3lMr. HELALD.-Certainly he would, if those funds shoild be insuf- ficient; anti they only amounted to 25,0001., and 7001. a year, at the tima of the testator's Aeath. . :Ir. AoOotE.-Mr. Pownall has paid a great deal of mnoney out of pocket; I hope he is not to be at the lose of any part of this. Anv nian imav commit an error in practice. ILortil UIPaORD.-No dloabt he may. I have not said any thing reflectinK on iMlr. Powrnall. Mr. liEALD.-I think the best order would be, that Alr. Powrall should pay over these costs to my clients, upon his receiving his general costr out of the funds in Court. L.ird (hIPsotLx thought that was fair. Mr. MooRE said he should be satisfiedf with that order.-It was made accortdingly. BO'TrirLt5 AND AMOT5eOPER V. CiiLD, WIDO1W. lir. IIFEALD Moved for a 8pecial injunction tn restrain the de- fendant5 AIary Ann Child, from printing or publishingr, or causing to be printed or published, any letters, or extracts of ltters. written to her by WVilliam Child, her late husband, either before or since her Marriage; and from publishing any letters or documeitts whatever belonging to the said William Child. iHe made this motion on the part of the plaintiffs, whose affidavit stated that the late William Child, of linlo, in the corn5y of Salop, died in February last, ap- pointing them (the plaintHTif~ ifis cgecutors. In thc te.aator5s lIfe- time, he had been in the habtt of corresponding with the defe-ndant on matters relating to his private afairs. This correspondence was of a strictly confidential nature. On the death of the testator, the defendant possessed herself of his papers, an(d caused advertise- unent* to be inserted in the Salopian and Worcester newspapers, stating that i4ese letters ancd documllents were about to be published. T'hc plaintiffiu pplied to the defendant to deliver tip the papers to them, butt 1she refused to do so: and aq they had every reason to believe that Abe would persist inhet resolution to publish them, they were advised to make this anplication to the Court, on the sanic ground as that of the case of L,ord Chesterfield's papers-namelv. that they were confidential. It hadl been decided that no letter of a confidential nature couldl be published without the consent of the writer. Lord GIFFoRD.-YoU swear that the papers are of a eoifldential na'urg ? Mr. REALD.-We do, my Lord ; and the adver!isements in the newspapers are sufficient evidence of the defendant's intention to publishi them. Lord GiFFoRD.-Tske your motion. VICBVI H-CHANUELLORR' c. OIIRT. FnrTAYv A TTP- l - SMITH V. STARKIE A-D OTHERS.