Vice-Chancellor's Court, ...
The Times, 1824-08-19T00:00:00

1ne SU ASA'tER or tne nOLLS. ttpon COm9g tato Couart this morn- I ing. pronounced judgment sn several cases which had been argued! ite the RElls'Coart. Lord GIFFosEn then proceeded to hear petitiontEd and motions for the Lord Chancelor. BItEWELL A?lD OTsiE-Vt V. IsoDSOr. In this case -he plaintiffs had been Owners of ta vesel called ThSC' Tritc Blac, and in tbe year 1821 they agreed to dispose of a sbarei in it to the defendant for fXl. The defendant paid the money, butl the assignriient was not executed. In the mean time he proceeded on several voyages in tie vessel as captain, for which he was Wt; be allowed a salary. The plaintiffs, bowever, thoaght proper some, time ago to dispose of the whole vessel without the consent Of privity of the deferdant upon which he commtened an actiots against them in the Lancaster Courts for the recovery of the 600!- purchase-money, and of othersutms which he claimed forsalarydue to hin as captain of the ship In the voyages above-menuoned The ulaintiffs obtained an order foir an injunetion to restain the de-5 fendaint (the plaintiff at law) from proceeding with his aetion atffl ht - had first accounted before the Waster for several large snus allegeci to have been received by him for passage enrd freighs.onej tupOrs several of these voyages, which, if fLirlv accountnti for, it wa2 con- tended,would leave a balance due by him to the plaintiffs. The def fendant basaing served notice upon the plaintiffs of a mnolffn to di-.,, solve the iniunction, that motion now cane on to he arPus4. I Mlr. H o tRYE supported the injunction on the groutlaiove ststecQ Mr. PEAMIiRTON contended th;at the Court ought not to interferEd to stop Ar. liodson from proceeding for the recovery of the moneA ,e haa paid for a purchase which the uinff iitA hat Dever carred inlr effect; but, or the contrary, they hba thoucht proper to dispose ao the vessel without his priviLty, and put his f091. into their poclets. I Lord GIFFORD was.of opinion that the defentiantought notto b? prevented from bringing his actior; ar.d if the otler Party had t; counterlainm against him. they might plead a set off, atol prove i on the trial.1njunction dis5olvel. BaAYLY V. TAYLOIL. Mr. PEPYs moved tor an injunction to restrain the defendanl from publishing certain tables containing calculations for the pur- chlse of cstates, &c., whicl v,ere copied frorn the plntiff'g work' Mr. Bayly's affidavit statel, that he was the author of three workO conrtainingvarious tables of' calculationouf the above descriptibmn In the year 1811, awrvn,rk s,a published by the defendAnLt, into whjic he perceived that rseveral of' his rabies had boenl copied. E') immediately retoonstrated wltt himn upn the tsubject, wn1e' the dtfenr'ant informned hirts that he had Putschased thre worn front Air. Inwood, alld requested to be rllowed to dispose ol the reriainder of' tat edition. The plaintiff granted him thii penimssion, upor. his prorniting ti prefhx a new preface to th remaining numnbers of the work, acktinowlIdging that tlie table in question hbd been copied fromi Mlr. Baylv's works. -'s prc mise the defendant had fulfilled; so that he bad himselp4mknow 'lediged the piracy. TIhe plaintiff also mentioned the cirutr.tan. in a preface to another edition of one of his own wsorkh. howeve notwithstanding this,he had since discovered that the defendant ha I published a subsequent edition of his work, containing the same bles, with ihe same avowal of their piracy. Upon these ground therefore, this piracy being calculated tmaterially to injure the pul lica-tion of' his works, the plaintiff asked for the injunction. Lord Gss'FFoaD inquired when the plaintiff had discovered th; his tab les were published in a subsequent cditon. Mr. PsEvs said in June last. Lord GiFioRD.-Then lie tought not to hlave waited until no to make this application. He lits diseattiled hinmself, by the dela i to the relief he seeks; for were I to grant am injunction now, wilt the Court is abo.t to rise for the vacation, the defendamt would hae no opportunity of answering it before next term.-Motion refused. THE GL,AstOaGAS-SHiRE CANAL. bMr. HEALD came irntoCou.rt at a late hour in the day, and stat to his Lordship that he had nientioned a motion of a most itnpot ant nature to the Lord Chancellor, who replied that he had devot 1 thix day to bankrlupt ptti ions, and would therefore hear it tw-m rowv. .r. caight, hoever, said hc was ready to meer him (,S' Hesid) immedliatelv before Lord Giffsrd. (Laughter.) Air. Ka'IOHET.-I said no suc-h thing. .' r. MEALD.-UpOn which the Lord Chancellor directed hi (Mr. d. night's challenge, and foal, lin betore the haster of tle Rolls. He had not be able. however, to come sooner, in consequence of being tained until now by AMr. Miontagu arguing a bankrupt petitir Ilis motion, of wrhich notice had been served upon the other par was for an injunction to atop the widering and deepening of a cat to tihe deotruction of certain iron.-works. which had already recei the protection of Parliatment. The Icmrpany concerned in cutto this caunal endeavoured to procure an act of ?Parlhunent last sessic which his (MIr. Heald's) clients successfully opposed; and ti were now endeavouring to do that illegally, which it aad failed th, to procure the s anction of Parlianrent to do. MIr. ; I G ET.-Perhape, to save your Lordship's tima:e, may well state here, mot meantng to interrupt Mfr. heald, tha 1 am1 - prepared to meet tiis applicmtion now. lt' it is saio,' ti let the case stand over kpon my givin an under 3 to do nothiag in the mean tirme, I reply -that E W no power to give anv such undertaking, nor can I cven I zard a conjecture at the extent of the mischief it *nigbt occasi: The notice of which my friend has spoken was only served i; G r-organshire the day before yesterday ; and it wasonly this morni- that I saw the papers, through the courtesy of Alr. 1eald's J=i Fron the mapnitiIde of the case, it would be quite impossible to g any undertaking,by which thousands of pessona would be thrown of employment, and a work of 25 miles exeit stopped. Under thi circumstances, it is for your Lordship to sav Dwhat iS to be done. lltr. HEALD-1 certainly understood fro6auay friend. Ar. Knigi' r . -, -.&at an unueraaxusg woutbe given before yt Air. INIHT-Hr..Then You misunderstood me, for, there is person in Lonldon at this moment capable of giing suh n t dertakinK.ofLvn cha Mr EL.-The notice whtich we have sered has induced Air. o t' o b ALDtv partes to appear at your Lordship's bar by, their counyself yu might have U rade the motion ex parte,, ith giin he ar rice at all. wht eSoid thenr an Aird s`IGHT..-UudoubteJly Yeo might hatve mLode he muttJ cr.prte but I will not s ihat mdight have been the result ot it. a orti FFOan . HerEALD), if voU have given nots Ip ther. party ought to have timUe to pUt in an nnswer to yorbl an1r. injuno.If You muoved ex parte, that would be anotder tmvir Sfr. IseiohaLI net be pnot:ice Was on ser-red the dany before yitc daY, andi the bill filed only this morning Afted seovte furcher disrcussnio, LfOrd GicrroTrD said, he ftar Ltey must trouble the Lord Chancelor againwith it. t Mr. EALS wa unwllin muoceuy te Lord Chancelllor's tin Perhapls the Court would order them to meet this case within given. Line. Lo-rd clssFF0RD...you Must mention it to the L-ord Chancell- Mlr. HEALD.-Afte, whalt Y'our Loirdship has said, I shall or renriten it to the Lord Chancellor to fix a time for hearinK it. All. KylrGET.....We are quite ready to submit to have it heat at anY timne and place your Lordship pleases to appoint. IXord QtiFFORLD-.there will be tome difficufty about that. Ai r. HEAL D.-4 shall dispose of'the cane so far aS regardst my - now; for I shall not be present at its hearing. I am certainilye cied tO mOve it exr parte, and I will consider whether I ought- OO0t do so. Lord GsvFRoDaNr..e1y well, de so, and mnentioDn it ro-morn.m VICE:CHANCELLORWS COURT, NVEDVESDAY. AUa. 18.1