Mr. WIGRAM.-I have.

Lord Commissioner PEPYS.-Now Mr. Knight.

Mr. KNIGHT.-I have no objection to its going on, so far as

it can go on.

Mr. WIGRAM.-May I ask Sir C. Wetherell if his objections are now removed? because he was the objecting party.

Mr. KNIGHT.-I do not know.

Lord Commissioner PEPYS.-As we can only go to a certain extent, it would be more convenient that it should be postponed altogether. If there are any preliminary questions, we can dispose of them now.

Mr. WIGRAM.-I only want to remove the preliminary objections, because otherwise I can take the intermediate time to remove them, if any yet remain. My learned friend, Mr. Wood, stated that he appeared for Mr. Schultes; but I object to that, because Mr. Schultes is not stated to have any interest at all; he was Secretary to the Irish Society, and is made a party defendant for the purposes of discovery only.

Mr. WOOD. They have served him with a notice.

Mr. WIGRAM.-I am informed that the contrary is the case. The Irish Society was served, but no notice served upon Mr. Schultes; and, of course, none ought to be served upon him.

Lord Commissioner PEPYS.-That is a different objection from what you have had hitherto to contend with. Before, you had not parties enough; now you say you have one too many;—that we can dispose of when he offers to be heard. Mr. WOOD.-Here is the notice to appear: [producing a paper.]

Lord Commissioner PEPYS.-We need not discuss it now. When you offer to be heard we can discuss that.

Mr. KNIGHT.-Sir Charles Wetherell must look into this. That is an affidavit of service of notice of motion after the motion has commenced. I do not think they would be bound to appear upon that. It appears to me not a notice that would call upon them to appear. It is a notice of motion in the middle of the motion, not two days before it, as the rule of the Court requires.

Mr. WIGRAM.-Yes; it was three days before.

Mr. KNIGHT.-I do not take the objection.

Sir C. WETHERELL.-As far as the objection I have made is concerned, of course what answer has been given to it your lordships have heard. With respect to those that appear, of course their appearance puts an end to that objection; with respect to those that have been served, all I can say is, that the purposes I had in view in stating this objection were, first, that the City of London stand in a condition which by and by will be more developed. They are in one respect trustees of these funds; they are in another respect armed with certain powers of control, wardenship, jurisdiction, and authority over them. And, thirdly, they stand in the situation, that whatever Companies are interested in these funds, they are bound to take care that those Companies shall have the same opportunity of stating their view of the case before this Court, as those who have made themselves the movers upon this information. Having stated that objection, it is not for me to carry the objection further. If it turns out that every party upon this large roll has been served, or appears, then, so far as the ordinary shape of the objection presents itself, that objection in the general view of it would be removed.

Mr. WIGRAM. I believe now that all the preliminary objections are removed,

Lord Commissioner PEPYS.-It only remains to fix the day for going on with it. Mr. Knight, I hope that before the 4th of January you will be restored.

Mr. KNIGHT.-I hope so, and I hope before Monday; but it is clear that the case could not be finished now; and even if I were prepared to go on it could not be finished, because my learned friend Sir William Follett is not here, unless Mr. Wigram was prepared to take the reply. Therefore I do not think that much is lost.

Lord Commissioner PEPYS.-The 4th of January is the next day we sit.

Sir C. WETHERELL.-But, then, I apprehend, with great deference, that my learned friend who sits near me will be obliged to be present in another court. Of course the Recorder of the City of London is no mean personage in a case of this

sort; and so many of my learned friends are likely not to be in town at that time, that I should conceive that some other day would be more convenient.

Lord Commissioner PEPYS.-I will take a later day, provided we shall be sure of finishing it before the term.

Mr. KNIGHT.-A week later?

Lord Commissioner PEPYS.-That will come too near the

term.

Mr. RECORDER.-If your Lordship pleases, any day after the 6th.

Lord Commissioner PEPYS.-That will give us time enough to get through it.

Lord Commissioner BOSANQUET.-That will leave Thursday, Friday, and Saturday.

Lord COMMISSIONER PEPYS.-Then it stands for the 7th.

Sir C. WETHERELL.-I do not know any reason why the bar are to give up all other objects to favour the Skinners' Company, who are coming here with this posthumous claim of theirs; and I do not see why all other persons' arrangements and business are to give way to the Skinners' Company, who, till within these ten days, were a solitary claimant in this case. They have certainly now scrambled and picked up coadjutors to go on with this suit; but it is only within twenty-four hours that this suit was competent to be launched and to be heard; and I say that this motion is not now competent to be launched and to be heard; and if I were to persevere in my objections, I think I could stop it in limine: but I waive them. But I do not see any reason why the business of the Court and the convenience of the bar is to be sacrificed to the Skinners' Company; and I therefore beg now to say, that I shall not attend during the recess to give way to the Skinners' Company.

Mr. WIGRAM.—I make no claim specially on behalf of the Skinners' Company. This is a regular motion, and it would go on regularly upon this day, but it is agreed that it shall stand over for the convenience of my learned friend.

Mr. KNIGHT.- I do not wish it to stand over. I shall be ready to speak on Monday. But I shall make this objection,

which I should have made in any case, that we are not to be heard out, and then for it to stand over for Sir William Follett.

Mr. WIGRAM.-Certainly not.

Lord Commissioner PEPYS.-At all events it would be inconvenient to go on with it now, and the only time we can fix is the 7th. I am sorry to fix any day inconvenient to any member of the bar, but if there is no other day, we must go on upon that day.

[Adjourned.

Thursday, 7th January, 1836.

Mr. WHITMARSH.-Before my learned friend goes on, I wish to state, when this was before the Court the other day, I appeared on the part of the Butchers' Company, and I am now instructed to appear on the part of the Tilers' and Bricklayers', who were not represented.

Mr. WIGRAM. Oh, yes, they were; Mr. Romilly then appeared on their behalf; there was an appearance entered for them before, there need not be an appearance entered now; their choosing to change their counsel makes no difference with respect to appearance.

Mr. WHITMARSH.-It is a very immaterial fact, but Mr. Romilly does not appear for them now, and there is nobody to represent them but myself.

Mr. JACOB. I beg your pardon, counsel appeared for them.

Mr. KNIGHT. That cannot be waived; the counsel must act on the validity of their instruction.

Mr. JACOB.-The appearance cannot be waived.

Mr. WHITMARSH.-The appearance is not waived; the Court will allow me to say, that I now appear for the Tilers' and Bricklayers' Company.

Mr. JEREMY.-I should perhaps state, that I appear for the Stationers' Company.

Mr. LLOYD.-My Lord, I appear, in this case, with my learned friends, Sir W. Follett and Mr. Wigram, in support of this motion. The notice of motion, which has been served

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