Court Of Chancery, Monday...
LAWf REPORT. The LovS) CHANCELLOKL gave jntdgment in this case to-day. After taking a review o' the: circumstances, and animaverting on the practice of suing out fraudulent commissions of bankrs'ptcv so prevalent anmongst country attorneys, his lordship ordered that alf the fees received by illr. Frost under the commiss;ion, either as solicitor or commissioner, should be refunded; anrd also that the Mlessrs. Frosts should pay aU the costs of the petition (except as to so much of it as referred tothe first commissionr, whiclh was yet to be decided) as batween attorney and eiens. H{is lordship did not know. that he could do any thing more useful th3rinwmaltethisacasethefoundation of aurule by which gentlen'en in th countrymiglitbe governed in fii- ture-namiely, that everyl pc.son aliout becd&ing solidtor to a com- raieion should furnish vidence to the Great e;d that hc was the solicitor, and that no one e!be vwas connected with him as solicitor.to such commission; aut& that n co eomis%ioner had any interest in the fees of the solicitor. If, after this, the case ever occurred again, the parties should never after, -with his (the Lord Chancellor's) consent, practise either as solicitors or commissioners. In the preretit case, if it had not been for the admission of the parties, that the practice was wrong, andl that they had not attempted to vindicate it,he would certainly have visitei their conduct upon them imnch nmore severely CONST V. }1ARInlS.-BARt PRIVILEGES. 3tr. SuEADWELL infornied his Lordship, thathis clients had made tlheir election, pursuant to his Lordship's directions, tewitlidrawv tie up- e3l from the HouseofLords. The LoRD CHcAINCELLOR, upon that underta'hiiig, allowed tilt argument in the motion to-proceed. Refore the argument rroceeded, several cases were nientioned b) different counsel. Th1C LORD CHANCELL.OR said he had forgotten that this wa the last day of term, and tberefore that-the gentlemen of the outer bar were entitled, to move. Mr. AGAR said, their privilege wvas coHfined to motions of course MIr. BELT was about to move. MIr. HEALD.-YOU are goitng to move upon notice. M1r. BELT.-My Lord, those great Leviathans of business nevet allow us an oppOrtunity of' moving, except upon our day of privi. lege. No one could have been n.ore tenacious of their privilegea than those very gentlemen were, w hen they sat on this side of thi har, although they are now so rradv to ahridge them upon ulS; bui 1 am tere the recorder of our side, :dnud will not abate ajot o theni. .Ur. AAronI do not remember that the privilege ever extender beyond motions of conrse. Mr. BELT.-Mr. Agar, my Lord, never remembers any thjia that militates against his own interests. Mr. A.An.-Give me an instance, except in motions of courre- M1r. BELT_-* will give you an instance in the mrotion which I shrall now make. I have humbly to move, mny Lord, &c.-(and 31r. Bect made his rmotion.) Several other cases were mentioned, and some confusion prevailed as to wlhich took precedence. The LoRD CHANCEr.LLOR repeated the regulations he had laid down a fev days ago, and called upon thle bar for their assist. ance in en forcing tdiem. At length the case of" Const v. Harris" was resumed, Mr. JAMES followed ..lr. Shadwvell andl Mr. Sugden in Eupport of the motion, and observed, that the only object wlich lr. Const could have in instituting these proceedings was the gratification of prirate pique. mr. HART argued againrst thc motion, and defended the mo- tives of ill r. Conat. From the long acquiaintance he had had with that gentleman, he was very sure that if he had becn piqued, or treated with disrespect in a green-room, as stated, thc Court of flhancery was not the tribunal lhe would havc appealed to: but Mr. Const was not to stand by and see the concem burden-ed with incumbrances for which he would be liable. After replying to the arguments on the other side, tihe learned counsel concuEle(d by stat- ing that he saw no reason why thc fbrmer order of the Court should not be continued. Mr. SHADWELL replied. The LoRD CHANCELLoR said, that if the rrceiver were con- tinued, it woultl be without prejudice to thecros; catuse. His lord- sbip would read Mlr. Harris's answer to.niglht, if he could get home in tirme; if not, he would do so on the first evening he had to himself. COURT OF CE:A'NCERY.. AlONDAY, MAY 31. IV TrIE 3MATTER OF nROSTS. S61iCITORS.