Star. — London, England, 1819-07-24 00:00:00

I I ) • 1 f 1t LAIV.INTELLIGENCE. COURT OF CHANCERY, JULY ef!. PUBLICATION OF LAW REPORT:;. C'.ARKE AND SON V. BROOKE AND swErrn. Mr. WitruaßEtt rose to move for a dissolution of the injunction obtained by the Flaintiff in this crux, from the Vice-t:hancellor, fot the purpo,e of preven ting the defendants from printing and publishing the ti!th volume of Mr. Price's Reports of Cases, which had been argued in the Court of Exchequer. Mr; HEALD opposed the motion. The LORD CHANCELLOR having attended to the arguments, observed, that the case seemed to him bet ter adapted for the decision of a Jury than for the judgment of the Court. JULY e 3. CURTIS AND OTHERS v. CLARKE AND ( - mums. Mr. Ilsar moved, that the injunction granted by the Court, for the purpose. of rewaining the defen dants from pulling down a certain sluice at Rye har bour, called Scott's Float Sluice, should he dissolved. tie contended that the CoUrthadOo jurisdiction here, as, if the sluice in question was a public nui.ance, then the parties had their remedy at law ; but this Court was not the proper quarter whence relief be expected. Mr. SUDD EN followed on the same side; and quoted a number of authorities, from the 7th Geo. I. down. wards, to shew that application ought to be made to a Court of Law, and not here. The : 1 .-rtoamey-Geserm, in support of the in junction, 'contended, that if it were dissolved, there would be seven or eight hundred thousand pounds worth of land ruined, by being overflowed. The Court had always exercised the pcwer of protecting parties against the commission of trespass ; and were that not done here, the consequences would Le ruin ous to the parties. The party - applying for the in junction Wing dissolved, might have recourse, in the first instance, to a Court of Law, hut. they had not done it. The Court had uniformly held, that where.. a nuisance was about to be committed, and which would take place before an action could, be tried, dren it would interfere and prevent that nuisance. He was confident that the Court had jurisdiction, and that it would be properly applied here. The.Lonn CHANCELLOR ordered the case to be sent to a Jury to try, first, whether this sluice was a pliblic nuisance, and if they fcund it was so, then to try whether it was a nuisance in 1812 ?—The Court rose at one o'clock. VICE-CUANCELLOR'S COURT, JULY '22. TITE DUKE OF .CABLBOROUGTIS PLATE. Mr. SHADWELL applied CO the Court for permission to the Master, to whose care the plate belonging to the Duke of Marlborough had been ordered to be entrusted, to deposit those valuable articles, which he was not desirous of retaining in his custody, in the hands of Messrs. Child and Co. the Bankers of the Trustees. _ The VICE-CIJANCELLOR granted the application. COURT OF KING:S BI N'CI-L JULY 22. HILBERT V. ADAMS. This was an action on a breach of contract. The plaintiff is a young gentleman of fortune, the defen dent a coach-maker. In October, 1817, the plaintiff. gave an order to the dei..endaat: for a bat ouche, which was to be built of the best materials and superior workmanship, and the price to h paid for which was +.:563. The barouche v‘as accordingly built, and sent home to the plaintilT, in January, The plain-`, till' had not used the carriage long before the pannels were discovered to be cracked in several places; and when the barouche was thrown opea, it was 40 con structed that no person could sit in comfort on the back seat. The sword ease al.°• was discovered to be made of pannel instead of leather, and there were several other faults discovered in the carriage, which rendered the plainliti diisati , lied with it. Appli cation was made to the del'eadtint, and he was remongtrated with on the subject of Lis charges : on which he engaged to make good all tlie.faults corn.' plained of, and to throw off £23 in the price. The plaintiff, upon this arrangement, paid him 1:500,-te serving the remaining £4O in hand till the carriage should be repaired to his satisfaction." The carriage was sent back to be altered ; and when returned to the plaintiff all the defects were still evident, and the present action was brought to recover back the ex cess which had been paid.to the defendant beyond the value of the carriage. Several witnesses were examined, amongst whom were Mr. Holditch, Mr. Thompson, Mr. Clark, and several other coachmakers, who stated, that the car riage, although it was composed of excellent mate rials, was not turned out of hand in a workmanlike manner. The cracks" in the pannels (some or them at least) must have existed before the carriage was painted., The carriage, in its present state, was va lued by several of the witnesses at £250, and by others at £2OO ; When the necessary repairs were done to it, which they estimated at from £4O to £6O, it would then be worth from .£250 to £3OO. On the part of the Defendant, a number of wit nesses were also called, respectable men in die trade, iyho stated, that, except as far as regarded the split panels, the carriage was well made and the materials good. The fault was not in the materials, but in the yernitmanship ; and.'in this die defendant might have been deceived by his journeymen. At the rime the tge in question was built, there was a conspiracy amongst the workmen, and it was difficult 4 hands ; and, besides this, the plain for the carriage, and would have : . eitain day. • • hearing a.body of evidence‘on both tupied the Court from nine in the in the afternoon, found a verdict Damages £150; Costs 40s. i—COMMON CARRIERS. IT AND CO. V. WILLAN. :ion brought by Messrs. Birkit and igainst the proprietors of a stage from London to Exeter, to recover of a parcel which they did not de order. a letter was received by the plain to have come from Mr. J. Worthy, • ;. it contained an order for a quan which was sent in a box by the The defendants received orders to J. Worthy, of Exeter. The box Worthy, Exeter." After the arri it Exeter, a man named Bicknell, was desired by a person who met him near the office door of the inn, to go and ask for the package di rected "J. Worthy; he was told the price was 16s. The man went, and paying that sum received the box, which the stranger carried away. The property was totally lost to the plaintiffs, the whole being a trick played off by sharrers to obtain the cochineal. No order had been sent by Mr. Worthy, of Exeter. The question was, whether this was - a delivery cot . - responding with the direction? It was contended that the defendants were botfild to deliver the box at the residence of Mr. Worthy, who was well known ia Exeter. The Learned JUDGE laid down the law as applica ble to carriers, observing, that they were held to sti ict responsibility, in order to prevent collusion be tween carriers and their se, vants. If a carrier does net deliver a parcel to the right person, he takes the consequence. In this instance there was proof of, negligence. The defendant might have tOund J.' orthy, but instead of going to the residence of that person, he gave the box to a stranger. The Jury found a verdict for the plaintiffs—Da mages, £ll4. The JUDnE observed, that this verdict would do good. It would shew carriers how far they were safe in the delivery of goods..—This was a second trial of the question. SUMMER ASSIZES: WINCHESTER, JULY PORTSMOUTH BANK. CARTER AND OTHERS (ASSIGNEES OF MINCHIN, CAR TER, AND KELLY,) V. TOLLERVEY, SEN. This was an action brought by the assignees under the commission issued and awarded against the Ports mouth Bank, to recover from the defendant the suns of 3,4611. is. 9d. the balance of amount due from the defendant to the Bank The defence of the action was, that the commission under which the plaintiffs were appointed assignees was not a valid commis sion, on two grounds: first, that the petitioning cre ditors. Messrs. Masterman, Peters, Mildred, and Co. had no debt due to them at the date of the commis sion which could constitute a legal petitioning credi tor's debt ; and second, that the bankruptcy had been j preconcerted between the petitioning creditors and , 'the bankrupts. - Mr. Serjcant PELL opened the case for the plain tiffs, and stated the outline of what was afterwards 'proved; that an act of bankruptcy had been corn mimed in London by Mr. Minthin, and by Mr. Car ter and Mr. Kelly in the country—the first, by a de nial at his then place of residence; and the abscond ing, using the word in the legal and not in the offen sive sense, by the partners in the country. Ile stated that the house of Masterman and Co. on which the Portsmouth Bank drew, weie, as might naturally be expected, in considerable advance to the house, and that therefore doubt could be entertained that there was a valid petitioning creditor's debt. With respect to the other point, of the bankruptcy having been preconcerted witb the petitioning creditor, the, Jury would be sati,fied that no imputation of that description had any foundation; and with respect to the only remaining que,tion, the liability of the de fendant, that was equally clear. Henry Bcsant, the first witness, proved the execu tion of a mortgage deed for upwards of SO,OOO/. by Messrs. Minchin, Carter, and Kelly, dated the 9th of June, ISIS ; and, together with other witnesses who, weir in the late Bank at Portsmouth, and in the house of Masterman and Co. in London, and in the houses -of the Notaries, proved the nonpayment of several bills to a considerable amount, which hanieen en; dorsed over to Masternian's, and dishonoured by the acceptors when due; and also several drafts, which had been drawn upon the house of Masternian and Co. by the Portsmouth Bank, which-became due and payable on cr about the time of the bankruptcy, and which of course had been duly honoured. There was also proof of an excise draft for upwards of 14,0001. drawn by the Portsmouth Bank, having been pre seated to Messrs. Masterman and Co. and refused ;by them.— Witnesses were then examined to prove I the acts of bankruptcy. Mrs. Bowers, who keeps a lodging-house in How-1 ard-street, Strand, proved that lodgings had been! taken for a gentleman who was called Mr. Forster, but who, in fact, was Mr. Minchin. Persons called 'there, but she could not say what their business was.' He was only there one night. Mr. Briggs, the Solicitor to the commission, stated another act of Mr. Minchin's absenting himself. Martin Shull, the younger, also deposed to Mr. Minchin's directing himself to be denied, and of per sons calling to ask for him. A post-boy at Portsea proved the hiring of a chaise at one or two in the morning of the 10th November, the day on which the commission issued, and that he ,rove Mr. Carter and Mr. Kelly to Petersfield ; and the servants of those gentlemen proved that they had left home early on the morning of the lehh, and.that they did not return for a considerable time after. The next witnesses proved that the banking-houses were not opened on the morning of the 10th, not afterwards, and that persons came to demand pay ment for notes. The last point was, that of notice having been given to the defendants, calling upon them for payment. Mr. CASBERD, en the part of the defendants, with a coixiderable degree of warmth and energy, opened the defence, and contended that the commission could not stand for a moment, inasmuch as the Jury could entertain no doubt, upon hearing the evidence which he should adduce, that the petitioning credi tors were privy to this concerted act of bankruptcy; and therefore, though the Court of Chancery had held that a concerted act on the part of the bank rupts would not invalidate a commission, yet, with the privity of the petitioning creditor, such commis sion could not stand for an instant. Mr. Thomas Minchin, the younger, the son 9f one of the bankrupts, remembers striking the docket ; was acquainted, and banked at the house of Master man and Co. Mr. Mildred was a partner; his father came to town on Monday, the 9th of November, with notes and bills to the amount of 18,0001. to cover the Excise draft of 14,0001. but was told that it had been refused acceptance on the Saturday, and there fore it would be too late to attempt to maintain the credit of the Portsmouth house. Mr. Mildred ex pressed himself ready to do whatever the Mr. Min chins thought advisable, but coucciv,ed that nothing could save the creditors generally from the conse. cluences - of expected extents but a bankruptcy—to accomplish which, he gave directions to the witness to sue out a commission, and to find out acts of bank ruptcy in the best way he could. The witness im mediately proceeded to Portsmouth, and advised • Messrs. Carter and Kelly immediately to proceed to' London, in order to avoid the consequences of the extents upon their persons. With this advice they complied, and went off as described. The witness also directed the managing clerk at Portsmouth to get persons to demand payment of notes, in order that a stoppage of payment might be establi shed The i witness said, that he had no other than general direc tions from Mr. Mildred, and that Mr. - Mildred had never since been informed of what had been done. His directions were to take out the commission; but no particular orders were given, nor was there any ,privity on the part of Mr. :Mildred. Mr. Serjes.int PELL, in reply, contended, that it was impossible so respectable a house as that of Mas terman and Co. who had so little interest, and no other desire than that of serving the Portsmouth house, could have intended to have been parties to any ille gal proceedings. They supposed, from the known' insolvency of the parties, that acts of bankruptcy must have been already committed, and therefore that it only was to follow up those acts of bankruptcy for the general benefit of the creditors. Mr. Baron GRAHAM, in summing up,. took off all blame from the house of Masternian and Co. but that of inadvertency. The question for the Jury to consider was, whether the directions given by Mr. Mildred to Mr. Minchin, jun. did not make them re sponsible for his acts, and made him so completely their agent that they could not free themselves from the consequences? The Learned Judge pi aised the manner in which Mr. Minchin, jun. gave his evidence, and took a luminous view of the whole case, but chiefly directed the attention of the Jury to the above mentioned point. • The Jury retired, and subsequently followed the Judge to his lodgings, where they were called in se veral times before they could settle the verdict, which at last was given for the defendants. The Commis sion'is thus virtually done away. The trial lasted till a very late hour, and the Court was excessively crowded. 4 ' - been dccelvea oy r. carriage in questioi • I • existing amongst ti • to get any good ha tiff - totes in a; hurry it delivued by a ci .•: . • The Jury, atter I sides, which occu morning till three for the Plaintiff--1 . JULY az • • EIRK.II II C This was air acts Co. drysalters, ag coach running fo £ll4, the value of • liver according to • It appeared that • I tiffs, purporting tc a dyer, in Exeter ; . thy of cochineal, Exeter coach. TI celiver it to Mr. gkik was directed " J 1 val of the same at • •. HERTFORD. Daniel Gilbert, alias Downey, James Gilbert, alias Downey, Mary Tucker, Eliza l'neher, and Mary Craw• ford, the two latter prisoners being children under 11 years of age, were indicted for a fraud irrplktaiping money from the Overseers of the Poor of.the parish of Watford, by means of forged walkingAvasses,. and other instruments necessary to carry the : fraud into execution.—The case opened and proved against the prisoners presented a striking specimen of a species-of fraud which for some time has been suesessfullyeass tied on in different parts of the kingdom:- It will be recollected that some time since a regular manufac tory of forged passes and barrack:office certificates Was discovered in Saint Giles's, carried -en with dies' most diplomatic regularity, and from Which iissited whole quires of these peripatetical warrants for etisr tion. The home counties, particularly,Essex,,seenil to have suffered most from this ingenious species of depredation, and hundreds of. parishes have been : laid under contribution for the maintenance of the worst species of impostors. In the present case, it appeared, that the offenders had commenced their operations at Margate, and advanced into the hears of the country as far as Worcester, successfully pry ing on the credulity of all the Parish Officers in their route. From thence they took a north-easterly direc tion, and at last made a lodgment in the gaol of this county, having imposed upon the Overseers of Hat field by the like means, but their fraud was discovered in time to prevent further impositions. The case was made out by the clearest evidence, and the prisoners were all found Guilty. The adults were sentenced to one year's imprisonment each in the House of Correction, and the juvenile offenders to three months in the same place of confinement. . Michael Tyler was indicted for a violent assault on the person of y — Gepps, Esq..on the 16th of March. last.—lt appeared in evidence, that the prosecutor is a Gentleman of fortune, occupying land adjoin ing to the estate of the .Honourable Mr. Bowes, at Paul's Warden, in this county. The defendant wasl the gamekeeper of the latter Gentleman. On the 16th of March the prosecutor, accompanied by two pointer puppies, went to walk in Paul's Warden Gar dens (a place long open to the neighbouring gentry and inhabitants for their amusement and recreation), when he was met by the defendant, who addressing him in a ruffianly -and threatening mariner, said— . 4 My orders are to turn you out ; and for aught I know you are come to rob the gardens ;" and imme diately seized him by the collar, threw him down, and dragged him on the ground a distance of about six poles, when the prosecutor caught old of some pales, and endeavoured to preserve himself from fur ther violence ; but the defendant, whilst he was in this position, seized him by the legs, lifted him up, and, after suspending him over the pailings with his head downwards for some minutes, let him fall violently 'upon his head, and then said—" I)—n you, have not I turned you out of the gardens ?" It appeared that in the scuffle the prosecutor lost about 40s. in silver, which fell out of his pocket upon the ground, and upon discovering his loss, he returaed to search for his money, but in vain, and in the attempt he was again violently assaulted by the defendant, wlio again turned him rudely out of the,garclens, using the most abusive language. . . The defence set up was, that the‘ prosecuttir had committed the first assault, and the principal witness called was a boy, the fellow-servant of the defendant. The Jury, however, under the Learned Judge's di rections, found the defendant Guilty, and he was sea tented to one month's imprisonment in the Coupty Ga 01.... , • 7 — .. '. .- . RECiiitbiß'S . Recoex.-4-Yesterday the Recommit made a Report to his Royal Highness the Palace REPORT in Council, of the following convicts under sentence of death itaslewgate, viz. John Leaver, for burglary ; Benjant' s n -Noble, Mary. Brown, John Butler, WillianiTlenry Bird,, Sarah Wog, and Henry Phillips, for stealing in dwelling-housys ; Sarah Lyon and Esther Levy, for stealing goods privately bra shop; Sarah Whittle and Thomas Alabaster, for houie-breaking ) and Samuel Solomons, for highway robbery. When Betijonlin Noble was ordered for execution . on Wednesday next. The others were.respited dutipg his Royal Highness's pleasure. The usual condemned sermon will be preached in the chapel of Newgate to-morrow. THE 11.4IZVEST. Letters from all parts of the Kingdom speak the most gratifying terms of he approaching as being likely to prove more bountiful O wn that of last year. A Letter from Plymouth says—" A more season than the present is not within the reccr: of our oldest inhabitants. The Hay harvest, a abundant (me, is nearly completed; the Co rn kernel and waiLs only for the sickle ; the 0; except in a few partial cases, teem with Appl the whole county is a perfect garden, vegetative production vie.; with each is the rid, tility. The promise of Pilchards is most au<,., and some very fine fish have been already ca , the drift nets, and disposed of in our matkets ; pence per dozen:" The Harvest will commence next week Essex coast, which is at least three weeks ear!' last year. Tuesday the sickle was applied in a field c.: between llymchurch and Romney, belonging R. Coleman ; and the 'Wheat Harvest will con in many parts of Kent in the ensuing week Oat Harvest has become general in the ls:e of "i The Harvest has commenced in the neigh Sc. of Ipswich. The Wheat crop has bunested showers of rain which fell in the former part week. The Bade/ crop is in rreneral ahunea HENRY REVELL REYSOLDS, Esq. who has bi pointed Commissiocer of the Insolvent Debtor. in room of Serjeant RUNNINGTON, is the son late eminent Physician, Dr. REYNOLDS, and w, ried some years siace to Miss NlurFotiv, a ver relative of Lord REDESDALE. Saturday se night some sailors in a boat, Carradale and Lochranza, observed another distance frequently running up in the wind, o' they made towards her, and on boarding he: only one man, Gavin Taylor, fast aslezp in thi On being awakened, it appealed that he and bald Robertson, both fishermen, after sellin; herrings at Carradale, were returning with th , to Lochranza. when Taylor lay down in the sleep, and left the management of her to Itr What became of poor,Robertson is unknown, is probable that he hatbecn thrown overboar sail, in attemrtinglo put about the boat. A very fine frigate, named the Ftsonx(), t( upwards of 50 guns, was launched from Dock-yard, Pembroke, a few days since; she the stocks in very fin- style, amidst the acclai of thousands of visitoi- • amongst whom were CAWoott, Admiral Tnoi..-on, - and all the neig ing Gentry. The ceremony of naming the • performed by . Lord CAWDOII. The hody of a man was picked up floatin ford-Haven ou the morning of Friday s( which turned ont to be that of Mr. JAMES ED; gunner of the FISGARD frigate, launched a since from Pembroke-yard, and now lying rigging under jury masts. It appeqrs the had gone to his cabin (and it is supposed t( he 'IA as found with only his shirt on), al o'clock on Thursday night, apparently in vi health and spirits, and as it is judged must occasion to come unon deck, and through sorter• unknown accident. met with his death. Friday_ evening aS two Gentlemen were Shawfield toll-bar, near Glasgow, they were. and attacked by five fellows, who succeeded hing the one of £2.00, and the other of age' The villains behaved so shamefuPv in heal Gentlemen, that one of them is daageroi Three fellows have been apprehended on Mr A serious dispute occurred on Thuriday st at one of the Coffee-houses in the Palais Ito' ris, between an English Nobleman and Officer ; it arose from an offensive exdamati( Ran of the Officer, when the Englishman en) room, namely, " God dem," and a laugh, in veral of die company joined. The did not very well relish the joke, resented well-placed blow on the .Frenchman's moue led to a challenge, and the affair is expecr honourably arranged in the Bois tie Boulogi course of a day or two. Upwards of a month since, Samuel Gathi Brandon, died, and was buried ; nor until wi few days was any suspicion excited ; but cii ces which transpired rendered it advisable t the body, and an inquest was held before Jo. MAN, Gent. Coroner for the liberty. Aft( journmcnt, for the purpose of obtaining fir dente, the Jury, on Thursday, returned a " Wilful murder by adminktering poison, a; wife of the deceased, Frances (iathercole." An Illustrious Duke having lately voluni services to effect a reconciliation between Earl and his Countess, was repulsed by the in the following terms :—" 1 want not y(x rence. If you press it you must give me say for the insult—quit my house, and let me ill a word from you again on the subject..' - t'OUNTRYILARKET: Chrown, Jucr 22.—The price of a lius!tel The Hall-peck Loaf, Wheaten, ls. 10 ; ',c1.-11c,t.setiLl 11Axsuay,Jutx 22.—Wheat 84. 64. to lc:. Od—Vetche4; 040 d per 'oashel.—Barl:y, 565 to 284 01 to 34s Od per gam tec—Bread, Is 9d haffpt , 58s• per sack'? I:xsitsfsce, Jci.v . '2 -I.—Wheat, per load, XlB OS Pilo-ley, per i ea: - ter,. ZOs to 413-04t4 5.85 to 5! :Ws to 564—Peas, Ous to 00,—Rye, 00s to 00s. NE W 6 ATE stxo LEADEN 'LILL dIAttKETS, . (By ttie Carcase ) Beef ..3s Sd to 4s S 3 I Veal di Ad Mutton 45 od to 5, ed I'ork .........5s Od Lamb, 5. 4d to' 61 Od. COAL MARKET, Jun- 23. Ships at Market. • -Skips Sold.- . Prt‘ 41; Newcastle T.;:li Ns Od to 8 Sunderland 8 Z.ss Od t 1 Cults ' '1 ‘ 255. Od u BIRTH. • At Parig, on the 15th instar.t, the Lady of Edward Esq.- of a son. • MAIUUTD. Tuesday, by the Rev. James Sediturick, John St' nolds, Esq. of the itaasury, to Mary .tnn, eldest datq bert Ba:;ehot, Erg . . of Carry t7-c county ne Henry Brougln.m, Esq. N. P. of Broughon county of Cumberland, to Mary Anne, widow of JO! Esq. of Hill-street, Berkeley-square, London. llldii-WATEltat LOX LYON 134111)01Z TO-.7d ISkrning . , Afternoon 0 intn!..,:ei 14 D ; Prowled and published by lateioooT, Temple-134. M spe a k • 'nß l l..rr , Own NI fore get • , , , , reccnev. tr:l f est, a wipt Corn ,e 01 fiNl e SR hst y frets , scull vetk e n earlier • AL eld c•I g' ntl Agin' t e r seer Il comm ie ty ie of . .Iset! [ghScuth s.ted part ;rig , undant. Sc has bcen s :btor,'Cce, e son of uld was a z of a very CS2 of oat, tet,.., • of , ther a: : .0 nd, 0.1 vh.„ ig her fer, d te in the Isz ie e and Ata> selling ith their et the bats :o Rob • .d .nown, bmt • -board by is t. Its), to mi -oni the • she went .d acclama •i m were e neigh the ship • •IP sating is 1 lay senin.• ES EDDIE,I ed a tew d t ing the deeea .ed to b.:(1, n), about in rely g• oust :laser ough a a; leach, were paw were fell :eerleJ in about heating tgerouslT • nl suspitio; Jay se'nnigi le, is Royal, P tti tnd a Fre.. ,mation nn an entered z: 1 11l w•hICbS el ;lish man, It' ented it by mouth. T: xpected to . ulogne in Gathercole. • til within ut circarr - tble to re Jon c \VA' After al a' ig further el t.cl a verdict . on, agaist - ole." 'olunteered ween a t ne me ver t iet h vs c e, me ▪ traeat usetic.l,l,l.• 6s to 42 —' • bait pec'a- -1 18 Os to • to 00s. • 1. Prize. od to 4Cs f . ;.• Odto O,X Od tO sward 5 , 1' hn Stu ches It: st daughter er sty of t4,...re - s , ' :am flan, of JA . I S . , 114 . • afar -14C0r) I I I I f