1.-By the articles of partnership of the firm of Ogilby, Moores. Gregory and Company, in the pleadings of this cause mentioned. it is stipulated and provided that on the thirty-first day of December then next (meaning the thirty-first day of December, one thousand eight hundred and fifty-four), and on the thirtyfirst day of December in every succeeding year, during the continuance of the said partnership, a full and general account in writing shall be made and taken of all the dealings of the trade or business thereof, and of all the monies, stocks, debts and effects which shall then be duc, or owing, or belonging to the said copartnership, and that on the settlement of every such annual account, the clear gains and profits of the said trade or business, or such parts or portions thereof as the said partners may mutually agree on, shall be divided between them in the several shares and proportions in which they respectively are to be entitled to the same, and that the surplus or residue thereof (if any) shall be retained and employed in the said joint trade or business, for or towards the improvement or increase thereof.

2.-A similar provision was contained in the articles of partnership of the firm which preceded the said firm of Ogilby, Moores, Gregory and Company, and in which the said Charles William Gregory was a partner.

3.-Very large profits have been made by both the said firms ; but the books of the said former firm have never been made up and closed, so as to shew the gains and profits thereof; and in like manner, the books of the prescut firm have never been made up and balanced, so as to shew the gains and profits thereof; and we verily believe that the making up and balancing of such books has been studiously avoided by the plaintiff, William Law Ogilby, and the other plaintiffs, to prevent the amount of the gains and profits of the said firms being known, while the said plaintiffs were making offers to us for our retirement from the present partnership.

4.-If the books of the said present partnership had been made up and balanced in accordance with the said articles, we verily believe that, giving the said Charles William Gregory credit for what is due to him from the said former firm, it would appear that he would now have standing to his credit in such books between six thousand pounds and seven thousand pounds; and we believe the statement made by the plaintiff, William Law Ogilby, in his affidavit, sworn in this cause, to the effect that all the money the said Charles William Gregory has now in the

said firm, that can be considered as capital, amounts to the sum of one thousand two hundred and twenty-four pounds, two shillings and one penny, down to the first April instant, is a misstatement and subterfuge, to give an erroneous impression of the amount of the said Charles William Gregory's interest in the said partnership business.

5.-That the said plaintiffs, in the month of February last, through their solicitors, made to us, through our solicitors, an offer of two thousand pounds to retire from the said partnership; and although we declined such offer, as utterly inadequate, and we further declined to negotiate under threat of an appeal against the order of this court, which had then recently been made in this suit, and the suit instituted by us against the plaintiffs, the plaintiff's solicitors were, as we are informed, told by our solicitors, that we should be willing to retire from the said partnership on being paid three years' purchase of the amount of our respective interests therein, or to that effect; but the said plaintiffs have never made to us any offer of arrangement based upon or having reference to our shares of the profits of the said partnership business.

6. Although the said Charles William Gregory had at first some doubt as to the application of the order of the thirteenth day of March last, made in this cause, which led to the signing of two cheques by the defendant Edward Henry Gregory for him, we have since understood, and believe, that the said order was not intended to prevent the said Charles William Gregory from drawing such cheques for his own private purposes as he might reasonably have done if such order had not been made; and it would be most unjust towards the said Charles William Gregory, that the said order should prevent him, while having so large an amount in the said firm, from drawing for his own purposes, and that other members of the said firm should be permitted to draw for their own purposes when and as they may think proper. Since the said thirteenth day of March last, the said William Law Ogilby, in the name of the said firm, has drawn out of assets of the said firm at their bankers, for his own private purposes, the sum of two thousand pounds, and he has altogether drawn for his own purposes out of the assets of the said firm since the month of July last, nearly eight thousand pounds over and above anything paid in or placed to his credit, and a considerable portion of the amount so drawn by him has been drawn by him without any authority for the same under the said articles of partnership.

7. The said order of the thirteenth day of March last has not, as we are informed by our said solicitors, and verily believe, been completed, and the defendant Charles William Gregory has had no formal notice thereof; but the terms of the said order have not, as we verily believe, been infringed by the said Charles William Gregory, although it is our intention to have the same reconsidered by means of an appeal against the same. 8.-The said William Law Ogilby has, without our consent or knowledge, been engaged on various occasions in speculations in railway companies, mines, and otherwise, which we believe to have been contrary to the said articles of partnership of our said firm, and we only yesterday discovered that the said William Law Ogilby was put forward as a director in a speculation of which we had not previously had any intimation. The printed paper produced and shewn to us at the time of swearing this our affidavit, marked with the letter x, is an advertisement which appeared in The Times newspaper of the third day of April instant, and William Law Ogilby therein named is the plaintiff in this suit.

C. W. GREGORY.
E. HI. GREGORY.

Sworn by both the deponents, Charles

William Gregory and Edward Henry
Gregory, at the Record and Writ Clerks'
office, Chancery Lane, in the county of
Middlesex, this 7th day of April, 1856,
Before me,

S. C. WARD.

Tatham, Upton & Co., Soli

manufac

turers of un

affidavits

Austin Friars, April 2, 1856.

OGILBY AND Co. v. YOURSELF.

SIR,- We wrote you on the 22nd instant, at the instance of Messrs. Ogilby, Moore and Power, to protest against your citors, and drawing checks upon the banking account of your firm through the instrumentality of your brother. We now find that, although scrupulous you have desisted from that course, you have been drawing and signing checks in the name of the firm yourself. To put a stop to a repetition of such conduct, Messrs. Ogilby, Moore and Power, have been compelled to give the bankers notice not to honour your checks on the banking account of your firm; so you had better, therefore, desist from any further attempts of the kind.

for the Chancery furnace.

Messrs. Ogilby, Moore and Power, cannot, of course, allow your conduct in setting the order of the court at defiance to

pass unnoticed, and have instructed us to bring it before the court, and you must be prepared to take the consequences. You had full notice not to disregard the order, and have, therefore, no excuse that we can see, for what you have done.

We are, Sir, your obedient servants,

C. W. Gregory, Esq.

TATHAM, UPTON, UPTON AND JOHNSON.

Ingram Court, 4th April, 1856.

TATHAM, UPTON, UPTON AND JOHNSON, ESQUIRES.

not tole.

YOUR arrogant and insulting notes of the 22nd ultimo and 2nd instant are before me. My partners, Ogilby, Moore and Power, as you are aware, finding their felonious act towards me and several members of my family (in July last, in dishonestly withdrawing the whole of the partnership balance from the Mercantin bankers, when we had upwards of ten thousand pounds capital despotism in the business, and Mr. Andrew Ferguson Moore and Mr. rated in Samuel Browning Power none), was not countenanced by the Austria. Vice-Chancellor, who, in January last, ordered them to restore the balance to its proper account with Messrs. Barclay and Co., sought another atrocity, by placing a detective man in my office, within four feet of my desk,-a species of surveillance not tolerated in the most despotic country, not even I believe Austria; and although this act was simply alluded to by His Honour Vice-Chancellor Sir W. Page Wood, on delivering judgment on my second appearance in his furnace, when he observed on the 13th ultimo:

"However, the present case seems to be rested upon entirely "different grounds, though I am rather sorry that the old "ground has in some degree been brought in question. If any"thing, my opinion is stronger than ever as to the state of this "gentleman's mind; for it appears to me that, notwithstanding "the great provocation, which I very much regret,-the extreme provocation, everything which could have possibly brought "out any latent remaining disposition towards insane action, "if any such there were, he has been perfectly calm, tranquil, "and composed, under circumstances of irritation of no ordinary character. Therefore I have little doubt that the gentleman is at present in a perfectly sane state of mind, and "is likely so to continue."

This was studiously left out of the report of His Honour's judgment sent to the Editor of the Shipping and Mercantile

The milk and honey

Chaseelior

Wood, &c.

Gazette for publication, to militate against me. The milk and honey so mildly administered by His Honour to ease the cd by Vice deliverance of the poisonous venom he had extracted from the wilful and corrupt evidence prepared under the shadow of your reputation against me, seems rather to have encouraged you and my partners in continuing to perpetrate atrocities against me; but all the threats of a continuation in the furnaces, or removal into the Bastile of the Honourable Court, are not likely to have the effect upon me so much desired.

Fraudulent

Clary of
Tam

I shall continue to draw my own money as usual, and the responsibility of dishonouring my checks will be at the peril of the perpetrators of such an atrocity.

CHARLES WILLIAM GREGORY.

This notice was delivered to Mr. Gregory at seven o'clock in the evening, at his private residence, the clerk from Messrs. Tatham and Co. representing himself as from the office of the house of Messrs. Symes and Co. :—

and Co.'s elork, into

C. W. G.

A special

Iove in the
Court of

In Chancery.

BETWEEN WILLIAM LAW OGILBY, SAMUEL BROWNING

POWER, and ANDREW FERGUSON MOORE, Plaintiffs,

AND

CHARLES WILLIAM GREGORY, and EDWARD

HENRY GREGORY,

Defendants,

TAKE NOTICE, that, by special leave this day obtained for that purpose, this honourable Court will be moved on Monday next, quisition. the 7th day of April instant, or soon thereafter as counsel can be heard on behalf of the above-named plaintiffs, that the defendant Charles William Gregory may stand committed to the Queen's Prison for breach of the injunction granted against him by this honourable Court, in this cause, on the 13th day of March last.