Vice-Chancellor's Court, ...
The Times, 1824-02-02T00:00:00

'I'he defendant appeared in person to.move the Court that, previous to his entering an appearance to the bill filed against him, security shouild be given to hin tor his costs, in mase the matters alleged against him in thte bill should not be substantiated. The VITcE.'CJANCELLORt asked if. he had not entered his ap- pearance' Mr. Schroeder said he had not, and he was prepared to show. that bj virtue of statutes wvhich, thoughL grown obsolete as regarded the practice of the Court, were nevertheless the law of the land, he was not oblived to do so until security were given him. The VrC"-CHANCEt.LOR said he could not hear a person in any case until he had placed himself before the Court in the usual form. Mllr. Schroeder'hoped his Honour would allow him to Proceed, and he had no doubt of convincing him that he was justified by the indisputableauthority of acts of Parliament in refusing to appear. le then cited an act'of Edward IV., and readapassage from one of Henry VII., wbhich enacteI that no person should be compeuable to answer to a subpwena until surety were given for his costs, in case the party praying the subpoena failed to make good his case. Vhe VrcE.CitAN cEL 1.On said, that although a sufficient answer mnight be given to the objection Air. Schroeder had made, if it were necessary, hel should only tell him, that by the practice of the Court, which bad- now been established for centuries, and was esta- blished upon soind principles, no defendant could pray for an' in. dulgence from the Court until he had so far conformed to its rules aS to enable the plaintiff to pursue aainst him any ulterior measures thlat might be consistent witi, the dtte atministration of iustice: un- til an appearanee wvas regularly entered a party could not be heard. Ml r. Schroedter was willing to enter bis appearaee, and had ten- dere(i it to the Registrar, who refused to receive it but through the mediumn of one (f the six clerks. He prayed the Court to direct tlat it mieht be entered. His pronerty had beets ex- hausted by continued litigation, and he could niot aford any furthter exp)enee. The Vxc E-CeANCy.rLLOa recommended Mr. Schroeder to avail himself of the assistance of some professioual person. If his,object wire to save expense, no one could NJame him for that; but by the- course he was now adopting, he seemed to be miuch more likely to add to it. If, however, he chose to make an application in the pro- per way respecting his appearance, the Court would hear him. BARFIELD V. NICHOr.SON AND OTHERS. This is the ease in which an i*nunction WaS obtained against the defendant restraining him from publ.shing" ThePra.eticallBuilder," a periodical work. Mlr. SOLICITOnt.GENE Ar. was about torestune his arguments, which had been parly heard, for dissolving the injunction when kr. HEALD, fbr the oluintiff', applied to. have the Iscussion postponed, on the ground that the answer of one of the defendants, Alr. Taylor, afleged a title, by pure] me, in other of the defendants, the particulars of which it was necessary to look into before he could be prepared to argue the motion. Mr. SorcsTOR-GIENErAT. urged the immediate proceeding of tile motion. Trie delay, he said, was not only highly injurious to the defendant at this particular period, which was that of publish- ing, but the more so from the use which the plaintif had made of the injunction al ready subsisting. He had jtveatised his work, accompanied iuth a notice that the Court had decreed against tte further publicaition of the ivork restrained. Alr. HEALI) assuied the Gourt,aRdhis learned friends, that the Plain'tiffhad given irsstructions to have those advertisemetits discon- tnied as njoon as he heard fbey wvere complained of; they bad been .eine bsertel,.but itwNas by mistake; and rnessu.re9 haud now been aken to ptevent-their repetition. After .inme-further-discu.tsio,t, the VICE-C AN.YT.iL OR WIL of opinion that the plaintift' shouild have tirne:to eonsitiq MIr. Tiyhft' answer, tand therefore ordered the ea/se to *itnd over VICE-CHANCELLOR'S COURT. SATURDAY. JAN. 31. CHAPTMAN Awn) scRMEflEFlR.