Court Of Chancery, Thursd...
The Times, 1824-03-12T00:00:00

LAW RRPflR'T IUir. AGAR said, he had been informed that his Lordship had ex- pressedhis opinion that the plaintiff in this case ought to be allowed his extra costs as between solicitor and client, sinless there were some special circumstances in the case. There certainly were pecu- har circumstances in this case; but be (Mr. Agar) did not thinlt that his Lordship would, upon consideration, lay down so broad a principle, as that a legatee who filed a bill on behalf of himself anid the othler legatees, was to be allowed all the costs he chose to pay Iiis solicitor. The usual order in suclh cases was to allow "all reasona- Mc costs, charges, arnd expenses:" The LoRD CHAicCELLOr said, that he of course meact all rea- sonable costs, charges, and. cxpenses. Mr. AGARt, not having been in Court when the case was men- tioned on Tuesday, was only en,bled to judge of what had passed from a report contained in a newspaper just put into his hand. The Loni[ CHANCELLOR.-.Notwithstanding all that has been said of the value to the public of reports of proceedings in courts of jUstice, Ido not think that the ptablic are itucli benefitted by some sf the reports which go forth to themn of the proceedings of these courts. I will tell you what I said upoIn that occasion. (Here his Lordship entered into a repetition of the observations that he tnade on Tuesday, which confirmed the accuracy of the report containedi in The Times of UWednesday), when he said. (his Lordship added), that he thought the legatee who filed the bill, ouglht to be allowed his costs, as between attorney nrd client. he must supposc, of course, that 'he Master would exercise h is judgmnent upon any item of those costs before he allowed it. Ir. Aa OA. made atn obsetrv4tt respecetin the costs allowtd to trustees. The LoRD CRAYCELLOR never knew a trustee refused his costs, except in one case, in which Lord Thurlow refused them to an emi- nent convseyancer, who appeared to be a trustee in every deed he had dravl. After some further discussion. his lordship finaUy stated that he would take home the affidavits anld read the,n; and if he did not find any peculiar circumstance in them to take the case out of the principle he had laid down, he would onl Saturday next make an order to the effect lie had stated_-namelv, that the legatee who had filed the bill shlould be allowed his extrs costs as betweets attorney and client, adding, however, the words "viz. all reasonable costs, charges, and expenses." EX PARTE GROISSTEAD, IN THE 51AT TE:L Or HO WARD AHND GIBBS. The SOLICITOR.GESFEBAL having conicluded his roply, The LoRD CHSANCELLOR procecded to deliver his judgment. After taking a review of all the proceedings and circumstances of the case, his Lordship expressed his opinion that it would be quite impossible for hiti to decide this nlatter himself (as had been asked of him) in fasour of 31r. Grinistead, and against the verdict of tihe jury; whilst. on the other hand, the issue ought to lIave been ac- comlpanied with directions for the production of the ledger atid other boolcs, papers, and writings, as wall as the pass-book, and fbr the examination of Mr. Grimstead, as well as of Milr. Gibbs. If, there- fore, Mr. Grimstead thought fit to submit himself to examination on a new trial, and vwotld Pay the COStS of the former issue, he (the ?,ord Chancellor) would direct a new issue, with the variations above-stated, reserring at the sxme time, thC question respecting the costs of the presents aplication: 31r. Gritstead to make his election before the fir-st day o! Eatter term. His Lordship insforned the b-ar he would sit here to-mzorrow. COURT OF CH.ANCERY, TliiuRSDAY, IACrH 11. TIfRlIER V. TUlINtNIt.