Star. — London, England, 1811-11-13 00:00:00

a :ran'tt star ings k. I et) diaiei 11441.itit _ _ :ripti._ Id ant e cogilipanci of, nor appreciate what' was its liii . , e, at the time of th e sate. The Plaintiff 's X --,,. ' weVer, prOieeded on other principles than ' :r" ' : otritridtr v :due. The'bill stated , and the whole ";<a • i f . 4 it _went upon thestippnsition, that the plain . t• ‘. &the property in complete ignorance of itrteal 4 104 4 Aft) tipt the defendant had' bOught it from 3 ' ittib*itt l fgewhich he had obtained of its real va 'as a!tprney to the pttintiff. This was the iwitole 3 it' , in thibilt; and therefore it iits netessary to 1e ... 0, Mr. Gitanow ipplied for a ottle to Asew:eauseialty the atossuit in this.casesisbuld not , be set aside, and, a vfxjict entered for the pPaindif. The defoulant as a Sp tnish merchant,, anclitad had dealings in this country to .theanioust , of t :4'200,000 ; his dealingi being exten,ive, heltasLfound it necessary to ap. point an agent resident in /lib country, and he had selected, the bowie :Of 'La Iteeivai and co. . The .defaailint then 'applied,' through his 'agent, to the ho had fur-' him 'With- a 'quant. A allllolt ParfiPd . :o 001 0 Plac:i." Mr. CA RR- 0 VW 4 , rpoooy Lori, there iirfenn.such 'Order at the timet ` liis voyage w.islserfortned. There . 'efirls an Orilzr Outtncil ilknving the "wade m ritioningo, doted•Decemtsfer d 4, 1808 flit *as' 14iosiltior to the sititort and lots intaestion,-srhidi ,yras.sn 'October, 1807. ' Lard Xu.e.xsonovan--- 4, This Or* certainly would "neit •CoVirihe hiSs'; hut I cannot 'think the Pr 'Cotit+ci~ 4,7leldtatit licences if there was no' I . _it- plaintiff, vt: :nished .'quaittlirof hosiery, and to tecour the `itnattittif the value of gootis so furnished, the action, the latiest of thi —uuncit allairing it." 'l4r, CAttib..." Th.' Ftivy Conned, my Lord, fre - - which will nor Iliad in 'I _ • . cences' present ipplicatioo, was brought. A. w was 1 quetntly grant liitness , called, rho was a partner -in the plaintiff's house, t tton a onrt . who stated that the god& were furnished to, and in- I Lord Etterattentotron-L. ll There need not be an l voicedlts, the house of La RexIVO, and en the Credit ,- Order in Connell :..an Older of State is' stifficiern, of La Rezival, and that he stilderitned •it wt with ;the Power is reekrined , eo.helligerent. hut take.a ruler La Rezival they were dealing. UpclP ll 4l6•Oriattlee i to thew caws." . . • -. , ..-,•-liTi 'the plaintiff was nonsuited. .• . ... , — 7 — 210„, g these COMMON Mr GA it RI AIT sutMlitted, thatn . COURT PLEA. , NOVEMBER 1L circtimstances, it haring a ft ersr Zeurimuni- YAIOGIIAIMPt IC V. TAYLOR. eated to Patterson, that the goodeiatillotealsished to Mr. Serjeant SHEYPIERD chewed cause, "why. a role Gandessique, that-he had selected ebelii,ancletrtnt his , obtairied in this case, to rectify an error in the deed,, agent had the disposal of them, and t triye,dtle.n,.,.o-itshould bedisekiwged. Iti;appeared:ltlist •thE defen tit arisin3 from the sale of them in a . strAn eCIrIY.; shiat itaa ist swahr of money,• and he applied to. digk i he was liable to pay for them; arid'iiirce Ore decision , plaintiff, who lent him i€6oo upon secacinexi being , of this case, a similar Cwie had been reserved by a silver tickets, to whicix,were attached certain powers 1 Learned Judge for eonsideradon. , --Rnte -grassed. *ad privikges. By virtue-of these tickets, the hold. • KZIMS V. DOW AT. ' ' • . era were to have free-entrance fur 21 years. to the -Mr. Serjeant SIMMER]) TIII)Ved fora rule to chew 1 bakes and other Oates •of the Opera-house, during 1 cauie why the verChft fps the defendant should not be a f. the perfbrnianCe of - nperai, masqnerades,' and other 1 set aside, and a nevetr;ll gr:irtted. It was an action , exhibitions. with the' exception : of the . Concert of An-I upon the statute•of 3Elli. against the defendant, for in the , declaratien, -the .eacentien was' earryingon the tradeof attal, without having iftrved - f ' fAent in toitite ' ll4 , 4 "' , arm. ".Concert or Ancient Music." In the anapprenticeship tp that trade. °lt was roved, rnit i r et ia , ?Words were, , 4 the tencert of Ancient Mn theAr4l, that he had aever been such apprentice; and i 4 VIVi i ' - Ili - &Amlet:l that this*was not a fatal vari that,"itt Septeinber, 1809, he took a mil, in .thich he xi••:•_. _i .r. r waver 'ar ‘.eficert/ er Ancient Music," and 'a Culvert carried on thattnisinkss'; Charles Green being ern.. ilr Ancient Music," '.signifying the same ' thing. It ployed to conduct it. It svas proved, however, that the-, was not easy to discover, whether it was en/ or In r .41afendant never gave an y directions as 10 tite conduct of 'that was in the deed. It did certainly. approximate 1 the Tula, altho;.l;ki he received its pr i o6ts ; but he used to the likeness of an jmore than to that of tl.e other :always to say to Green, 4 1 I know nothing ef the busi- letter, but it Was only a difference as to a lever ; and ness •and ;if the mill sthps, you must put it in motion." whether it was one or t h e other ; whether it was a ' L ord E LLE .11'11tOUCI-1 had observed,. at the trial, that o4unclion, or a cign of the volitive case, mattered no t the statute did not appls to the defendant. much in law, both precisely signifying the same thing. Mr. Serjeant SHEPH cm) proceeded, that it certainly If it was aid instead of of, then, indeed, it would did appear so to his Lordship then; but there wa s a case mask'two separate things; but, this not being th e in Salkeld, of Hobbko ,, ;tam v. Ye - • which the de- - '- -- gut._ Y ming, in fendant, carried on the business of a cloth-worker, he himself bung a Turkey merchant : he employed the Men, but never-interfezed in the management, exactly as in this case : but the Court held, that he carried on the ti ade, and that those employed by him v' merely his sere-Ants. In , the present case, the dant received 41 the profits. case, he hoped the Court-would be of cpiniun, that one word meant the other, and discharge the rule. If it was an indictment, the difference of the expressions minht be fatal. Mr. Serjeant VAUGHAN, on the same side, argued that it was the sense of the expressions which was to' be taken into consideration, and not themere letters. There was certainly to his ears, very littiv.ierenstpin "de - fen -- :1 Lord EI,LENBOROUGH.—The statute of Elie. was intended merely to exclude persons from carrying on a business in which they had no skill ; but by no means to exclude i man horn employing his capital in whatever legal way he pleased. On account of the case cited, however, the Court granted a rule to sheer/ cause. NOVEMBER 11. ELINDT ANDREWS. This was an application to the Court by Mr. CARR, fora pew trial ; •the case was or. a policy cf insur ance, and the question .was similar to one menticned by tite Attorney General yesterday, viz. ""Was Ham burgh, at the period in question, annexed to France'?" Mr. Carr said, there was another point also reserved for the C. , urt on the construction cf the licence, the words of which were to British merchants and others; the words and others, the Learned Counsel conten ded, could not be construed as applicable to the sub jects cf Hamburgh, which, if not annexed to France, was, at the time..the licence was granted, under contrqul. ,y to the objection, • Mr. Serjeant Basr contended that his brother Vaughan had made a false concord, when he said that Inshis case itwas the seroowhich should be particularly . attended to; whereas, it was evident that the whole dispute related to rnort4 He stood on 4he i..invousrg bef,,re the Court. The word or in the deed was : hi his opinion of the same meaning as and. Just ua licence to trade' to Trinidad, or any other island k' the West Indies meant a licenie to trade tts Tr!nicial and any other island. It is incumbent Inn brothel" Shepherd to Oleo , that there is no othercoacert bat thatot the /Indent Music. Sir -TAMILS MaxsetaLn held, that in the particular instance in the deed, the two terms were convertible, arid it w.ts not incumbent on brother Shepherd to • shew that there was any other concert than that *of the Ancient Music. The deed was to be taken in its plain and evident construction. He was quite ion rani in these musical matters ; and he was glad that there was no precedent to warrant his iignarangss.— Rtile :tench Lord ELLZNIOROUGH observed, he did not know how to construe the word 4. others," er to take from it its generality. He believe.' he must look at li . -ces - of discharged, Mr. Justice LAWRIENCII4 who has unfortunately burst a blood-vessel, still remains in a very precarious state. There are now-only three .. .Judges presiding in the Court of Common Pleas. Maxstox-Houss.—Yesterday Saffutel Norris was charged before the Lord Mayor with stealing a lady's' pelisse from the shop of a harberdasher in the Minn- ties. It appeared the prisoner audaciously run into !sibie shop and carried off the pelisse ; but was stopped before he got clear off; and the proof being clear sigiinst the prisoner, he was fully committed fur trial. GUlLDHALL.—Yesterday Mary Canino, who stands charged with uttering forged Bank Tokens for Ss. and ss. each, was put tO the bit, when the S shilling piece she had changed with the clerk of the Bell and Crown, as well as the silver found uhen her, were minutely examined by a person properly authorized to do so, when the three slrilling piece - she had utter ed, as likewise another, vi:h a tire shillihg and six penny dollar found in her pocket, Warp prOved teip -counterfeits. The prisoner was fttpy eommi ttedfor to ial. MARLBOOUGH-STREET.--Yesterclay anits, a pretended Ppaphetess, who. had Obtaitied of a• peer girl, named Leaze, £3 and her apparel, under pre tence of telling her fortune, was committed for, trial. • Commis CineuusraNca.—Friday evening, in the lobbrof Covent garden Theatre, one geffiernan call— ed to anoilier, saying that hie pocket4tad been picked of his watch, chain and seals; - aticl;fakt the same time liointed,to a man esear him who had of them., The I gentls.man, stud be robbed challepOd the man with - hiving his watch, who .aeknowle,lge 1 having it s . and very coolly returnedit ; he was staff red to escape, and no farther notice taken of the cirvomstance. , — On the Gentleman returning homes hellbun&that ae had left his watch there, and thrttllie.vratch he had *s'crWn. • The genilernan haradiettised • ~. i .t,.t _ • ',. • % ---- loit-vorvoffe c t,_ ___._r .t_ • . , fra. und Au, The a rnOki filitaiffili.i 3- 4FX - wilik vessels - ol dint ietitidigUilotl:,ft: „#e sees Roating on Hie }that ; - U'veet- . intrie locities culteirto thlil.c : ei ~ At ) cii've. ; Loads : ' the it h ole e umbhillip Atirf,iftzu 4 c i i? Votit u 4 Itepresentittion of vim: one 41 .; • au l d?-10. 'riot's 2.7ay.1t Cotaiats • which ado* . our* ' Chitntry. 'This ptost rramstlitiSpgai le 1 41, id a „ t rtle 'feta , days, 85 'tAihited*to Villirc itifige4oo; . it tle 'VI AtmAca li. Priates-cte.'et,lAceitef-3qiaie.. • am.•,••••=l..mummill..l•llo . . . • ' .. • . 3. i 1 . , . Lord VALassaustossa.;lhis Alt t i fiWedeveltes much tiase to the dutier r sf : Itio in ; .1410 depart ;strut, viz. that of istasiaptheniiiesitst•dee 63 taw s Ithe e 4 e of tbeirlfenliWitll44ustbeenpossipAtsiv etttied b 4 by his Lausisblis, aivhdisis aot allow:theta • wait &le wetia, as•fultuirlykrionseitataS in Terwa .., . t a'. w •gro etn nt expeu p 7 c kl t r on, fT e r ia 7 1 :0;1! inteefres to the agents to pay the smiles i •: ft , ••• • • •'• Ewed Sunday evening. as a platy fernallniess•emaiing '•from Ha rewood-plieola o.elttrididsaapietei•uhas*as 'knocked down b• th" pests! be 10 101 411 11 ertratWejte. '• the lobed! of senieb went turer iintlilHerlert. Site 4-was inflated ;at t.sly'ennv:eyett in a ctlethslulallatrurous state taan , boispitat; - • • , 'r s . ::. • '.l I. - "Saturday arr444llg, *Twilit' fiii'ililnikli,' , sBivt . 'di e r I the - Deal tuaelrleft the' Cheitlibtos t l ielizei*, near the corner ni Five Beli-bsne, Revhestrt' the for's. w beel run . off, and-the ditch[ ttfriel i when a 044'reas of the name of Scott, frets 14eefpolst, ur4hirstr.:itrl r lost his life. The other Fass!ls:ts received nil Li- The - third srsts6C - Ctro a textratt, hetrly Pt y,zarc ot Mate, was upset in a boar in the riverlsiole, near ilns hill, in Surrey, last week, ant the brAY'hn hotTet been found. ..., . . Dun H. Friday. in Grafton -went, the efou. Viscountess Marlene/re t., of a SOU and heir. At Dean'. Lodge, sear Biaedloid.iik Novvitsber, Lady Oar. lone Lemon, of a Soh. . • . MAltitihD. At TAlinbutes, on the ends ult. James Robertson, .44edis t to Margaret Macdonald, aged St It is only sat weeks Awn tla beide boded her former husband. 1. , killti.• • Yesteedar morning; in Londastatieet, Eenchneeltnetteir,Nnlft Ito:boutoi Eq. ' Lately. lu Slisaas4eptare, annil 111.,LiamMenitet-Poloaertlanten. Itc4e, al the Meet Rawl Sum) , 101:itin. _dug gierocant ay years In that Rirtnent. At Oreille: 2k . near Annan; en thin lang i t=e • 2. et lib age, Mr. I. Laurie; s:ln et th e late Ur. J. *W.411 Ntwitter pith. Vitttsh'of MiatleaLig. • • • As enttestburzb e at Pi adanru•e.l age. Sir Wailkis Cb.aleners. Anlttit , tf the Syruilt.h Craw of Cluttze.ta Via and EMI levers' Traling Cranparget oaf T iteree • V.setegea o n t nein. Hr has I. ft ..early t`-t: whole , -of i.li preprorty, eamiellegwo• • COll/6;krable, 111111 chaste: la illailUlialbe in bib Wall at i s . Etvettst. On the sith init. it the Reewri nirele, 111 ilottilnan y In •••• county of IX: 4 ton, awed Ir, the liktel at'd Rev 4 6 11IPA '. last servicing beet uer alVilli ao,lllollree Lord i Oar of Captain Byran, atelta itenal Meng. • SOCIAL ff RTAGE shoultbe the foldethtien ef Sneal Hipping's, wilds Iti*ollcs'dlsiestited italsogis (ea tat I interns the olden not labangthasorpowies winch oradd se cat them the enjoyment of that great dam* Mai& Peo,sv of every rank pay adoration to the shrine at erediedlis but wh-na the eansiention has been tasted by direese, or by a torten habit conersetedot an arty ago a ronsesille of stablary previous so nitwit* dot nett ihseeismoisillg O roshierso nave the sisimbeiteg sparks of Mir a eedetimujinato the systraL Fa au disorders have contributed term mesedaerte &grey Hyoid neal bappiaess than those width are the comsquebet of suiguartled place e. It yeas this sionaldrration whit& Induced Ma..so CU ARIZ sad Co. for tbesalast twee, year% geldirect tier we dles and practice exclusively to the. trestinsesmedeens et she Va cereal pease, and the st..orders along deafens ; se sho to that derangement of the system, produced by the destructive heist all the inconsiderate atioobbonatisit brings on tbs.*/ dlrreetting Debilities and Detscissacies dint pelmet or verhear.the Mers monial state. The suocesaful remit of their phai, gives them utidnional ardour to oppose the vasrates of dna some& vit. terlikli Are the most inspirnapt to the catalogue of button tithe r.itties. It bebovessvery pee.= who tat indulged in thee soli tar). vice to oak relief by couseinng Proteseieeal men of sea m toe and honour, to which Mears. CURATE sod Co. claim the sanction .4 sclioluelc authority, as won ea she seseinseny uncontradicted facts. In putifessieg the tine of these consplonts they hold out Do isducetaireto vice ;but 'ambit as all moo must be of the ezisrenco of etch colamtdes, they offer tine assistance as regularly oducatedidemboraof the. Royal Calle h eit of Surgeons of London and Edinburgh. 410: bed recent oases of Syphilitic intaglio are . radically area in the shoot space of two days. Those of the moat obstinate duradoe, such as obstructions., inveterate suicturse, pains of the boat, glests &e. are permaiseody kad speedily cured. everal Noblemen sni Gentlemen of dears respestabilitthere been insider the care et Messrs. Currie lad Co. for the rernovai otsuenv4insb of tie ure thra, strictures. he: and having received a radical and permaiert Here, request, that refereuces may hems& to dam as satiefaestu-y evidences of the decided superiority of Mu*irs. Lorne and Co.'s titan oftreannent. Many of these ger.ttemen bas!stricemafritea In to SO years, and were under the care of Mess/LK:ma, Hea viside, end other surgeons of equal reams-me, wins attesupted • their cure by the application of the lunar caustic, without weeer McKie. Curdy and Cu. have selected thei fodovesg knee from the many they are daily receiving frunuentkaaourcetanung thou thanks for their restoration to sound and Vigorous ht..lth. It was ant to them unsolkatedifront the son of a Noble Cart, vibe bag laboured under this distri , ssing and pvtnful malady for ten year.. he bad been antler the rime of several surgeons tit profeederal eminence, none of whom afforded his permeated relief; hac from the superior mode of treatment adopted and pursued he • Wirt.rs. Currie and Co. be received a radical cure la ties sheet opus of one , mouth. " To Dr. Curliest, 107, Hatton-Garden. " Lord feels great pleasure in communicating to Donor " Currie the perfect re-ostabiebutent of his health, inconsequence of his vii d 1 and admirible treatmout et •a4rastures ice the Urctlxr. " He way add;that ire tat not for Wetly years enjoyed so muck " oriental end ireedomllion: pais trend!". Int/rump no doubt of " his having obtained„ throoghhls skid and attootion, a peeled . 6 and radical core 4ir tut %sod remphint. As he was not sf-rehielteo ant Innitstr flettetbzmreated eikesimuvehe i belvs " it in kts power, front a 14r,tral and a just compati.on, to pay dint tribute oripplette off DE - Ctrrrte which he teeldbiitaels, . . . - —._ .... . _ . . .. . . , . . -- - - - - e• . - .. ra5024•••...0 2 . . . _ . . . ... . . ' tl . s Vati t ildan . . ilk , '* 6- ' s , e 1.“ I. 4 ; trine on which tltn=liirevas &Wide& a., ' •" ' • - ligilatbiat t ir 46 , . 4,4#7 . INFiIiat,IGEIVCE. .. - 'i the apiratioa of the ' ppias tbe party , I .z „, • ", vi ,.. ti Itsir . s ..,,..• -assmas..... • -rewitr;wili*sse.iwobluticrefemegritdoetit. h o r 7", Matt .e rn _5 , .. •-• h't ' i tdr l t tig n..Vie* .gAim., 4 l o"4hnt " l itervoental;cm, sr, i divitir Or el4Xmcrit , i, /46v. 11. 1411:attlreadqff4 Agto4 4B 9C ia tcrr° riNesir4 - . e e rxrce atim e i r i z , tha•to e ij -, . . eAstet yg _ atm: sablirae subjects in N4raot fit '•'A * ha tAsst . Hat hare • heard no •it ' fritit 4 tfteehaltif, tiiilit'alY •' ' - i ltiY * Alas • ' "ilikith'liken conCieres as Ifie 'r 2 :6 li ft . 'rntr i tiLtra te aroarit,ourcy el SAND'S. ' Cif it: tijiii'theUtirialt' Abe ciiiitstivls; , triiiik est adeiteisig wale titiluistif al 0 . 101 5 4410- ' 81864 ei0 9171116 : ond. of ~lea itiiiiitt 'die niZst The ion . CFWAii I CFLt.ilft gaviN4igment in this hl•cfre' idietinirjaietts lir the Sciences to .liiie V.! I • cause. VIA 66ppenced by stating fully the circum - ,•*lledierlhe #44)dbelibf 'Alike:llll'4es Ott of - .y . ,. estinenta ; 1; , ~ : -I . Y . l . 'Ti - . t4lf s Is a ~,mrsewri, St. PcouPicklt'as 4 'Mt 6 ine a co-`,.r.• n*ltrtet . Officult . die rad:, w e lave ( ti; or more . atzluios +cclaltl• befecessidered as 'gamin stances of t'his'edrselai the .pe ired trotn the plead- . '• • _ ..• ' .2 I k . Y . 1 1 ) • eataal of die tutrucie intended to be imported ; on )9 r ist b e tt r a r,L,l l . , ' i,. .. P •/ , pleAttie is attobuitte.that 3t is atcornplistied - with a 'T...n.tasibtotiort-- 6 T sninud rattier think+ trndi ant brit an 4• beynnd canal* by limo s ci f ings and the . .evaskilcK,' He could not Agree with the that m int the.Cpurt would grant a rule. t‘Sten;ellati thi difentlispt;that the property in twos- ifiyiltstsfsebii4n the It ilea: &ace, , attlF that' thlii • is - ' kiteetinte al ' m oti 6n. inv,rod to titi o - o ; Itkrts. Rule nui granted. •Ocalaniild StiCh a cfeetelpti?m' as that the C •urt could horse Order in Council au :Warning a trade' lonotori- tri4ol'fre ill e effect II Et tit • rt" 2 - ' I I PAl a tritnN t . ONNDEFSIQUE. __A .A.-. ~.i.-.;.. it' e l t 't - P" Air ray. . . . .. . cosisider how that iillegation - was wale out in the evidence, i kappeareci, that the - I:Lyon de Montesquieu had_ actitini offe nd this_ Or 'sale to two gen-. •Mr _ _ :opertyfor __ _ _ fatiethster4lehe e 1 lehortNlAr. lioneites, was a copar stetter .and;lo4444:if-ilteldanor) before he offered it to - Ihirdelendant.. Both these gentleman refused to pur 'thAsetir bet nce it was. offered to- the defendant. Now ("alibiing/vitt by cro means followed, because these gen- E.aledien wotildettapptireheag it that-the thing had not lieteirctin wkilteittivalitexiblels might be ascertained; het 7t~lid niat appear by any evidence that the delft 7ehrbeisrat better acquainted with the real vaiut ef the pioperty than the plaintiff, or that he had any means . • -ochelog _better acquainted with it front , what busi .. aaiiesehetititcl-dont" for tha•phtintiff as his attorney, br 'bottler matter& It appeared, shalt was not the ele -4endtint *lto prapostM . 16 'the 'Baron to become the 'lllitarchaidiribitt it warelie Baron who himself mitred it to the defendant, at the priee‘of . £lOO4 ..and the r defendant e nsitirritwears in his answer, that he , Lithattirtniefreed that to be its•real - value scrfUllyythat 'if it=it~il bull -offered to him . at SO he Would hate :ttettted - it, The living was sworn to be now .about .tlericoa..year ; but other 'witnesses swore they conside- red that seaseilt2oo alearmere than its teal value, as 'the conpensation for tithes was carried too high. This' . *case by nb means impossible.; for, although ...pat'sons often accepted less thin the valne of the tithes to avoid the trouble if taking them in kind ; 'lles there were many instances of -owners and pro prietors of giving morethan the real value, ra ther than be trobbled with paying the tithes in kind. l Altholig's some had calctstated the value of the pro perty, at the time it was sold, as.worth 4150 ; yet there were others who estimated it at only 4150, making these allowances which appeared to them reasonable, from the peculiar sircurnstances of this property. Now, if the real value was but BEI4O, ef that. whir' t . 4 kJ: the clef, iident purchased for £loo,' °even that smaii undervalue would have induced him to set askie the sale, if it had been coupled With any cireilm,tances frand, deception, or imposition, op the fart Of the defendant. Nu such circumstances, however, appeared I neither did it appear that the defendant liad..any more knowledge of the real value `tot' than the plaintiff The 4( this property _ had. There was one circum.tinc• , however, which was extremely ir regular in this transaction. The-sale was made in the deeds were executed, and a consideration of 4100 ackhowledged to have been received by the plaintiff ; when, in.fact, such consideration had not been received at that time,' as the defendant's bill of 'costs against him didiliot' then amount to so muZli as sel(k. No advantage, however, had been taken ef • this 'irregularity ;- for, on the settlement of accounts, in 1806, when the bill of costs amounted to £145, this sun) of 8100 was allowed 45 the purchase-mo. ney of this property, and no objection was made by the plaintiff. • It was allowed on:all sides, that the charges in the defendant's bill of costs were ex tremely.reasonable and moderate. However irre 'gular, therefore, that circumstance was, no frandu, lent intention could be presumed from it. This pur. chase did not appear to have at all been considered as a gift or reward to the attorney in the prosecu tion of a law-sn't ; but as a bargain, which appeared sti b-ah sides-fair at the.time it was offered. Neither I did it aPpeir that it was. a property which the de= fendant had, as an attorney, been employed to sell. In that case, it would have been his duty to have real his r. I I ~:~. _ Atty. ascertained the , value, and informed _ client of tences so worded in a more extensive point of view • it ; and he therefore would not be allowed to pur- than he had hitherto done. The object of these : chase it himself at artist undervalue. Under •all licences was to extend and enlarge the commerce and the circumstances of the case, 'he thought, by the trade of the count, y ; and, in the present state of the • • allegatnnis c f the plaintiff's b4l, that he was ignn- country, this commerce must with persons in some rant of the real value, and that the defendant, as his degree .under the controul of France. He wishecls • attorney, had cognizance -of that teal value, were much, however, these licences were more distinctly Clot made out in evidence. worded. • His Lordship therefore dismissed the_plaintiff's . The ATTOISNICY GENzam, observed, the object of bll, but without costs. the Council in.granting these licences was right ; -but > the misfortune' was, tne parties wanting licenctes,l COUaT OrKING I S BENCH, NOVEMBER Ir. being allowed to draw them up as should suit their scuttoosn v. VA ox. Own objec s, frequently did it imperfectly. Mr. Serjeant &s': applied to the Court for a rule Mr: CARR observed, if that wet e the case, the act -to shew cause - why the verdict for the plaintiff should was their own, and they must answer it.--Rule ' not he set aside, and a nonsuit entered. granted. • This was a case on a pitlicy of insurance on a 'yes- scacasuftx V. THOMPSON. so) at and from Itigl to any port or ports in this , This was an action on, a policy of insurance on the., country. The vessel was , a Hansburgber, and was ship Elizabeth and Mat y, and cargo, from this coati- . to have 'brought c- tto this country, but was lost try to Hayti. The ship sailed under licence, to carry in her passage. 'I objection, upon which the pre- I East India goods to any port or potts in St. Domin scot application was made, was founded on the Act . go, except such as were act sally in possesicn uf the e of the 13th of 'Charles 11. the • Navigation Act, ley french. The licence also stated, that no other,pro - 'which it was provided '-thargbods should not be im- perty Shoblel be protected, incase the Elizabeth should ported into this country but in British ships ' or in be detained by-a British ship, except that s p ec ifi e d ; - ships heloncritig to the country of which.. th e lading but, if detainedand catried into any port by a Vriqslt AILS the produce. In this case neither of these tegu- ship of war, notwithstanding such licence, the Cap lotions were 'complied with ; the ship bel< nged to tam shattld - be alltsived to e proceed on his voyage, oa, - 1-lamburgh, and the-corn was the produce ' f Russia; I putting in bail in the Admiralty Court there. With ,1 'I be:Learned Serjeant 'said, he was..well aware this licence the wise! sailed, having East.lndiagoods l elere)tad been some Atts passed relaxing the Navi- on board. In addition- to which, there was 0Ce1191.1 Zat on Act proVi!:ions, and particularly that raftthe des4ble triunity of French claret and Dutch•oheeSes . Uth ci . :` George iII. but in that Act it was provided onboard. TI e vessel arrived atrSt. Demingo,' and., :.that the licence.; should specify the article tobe im- there delivered a grt4 part of liGr cargo, and Iv* ported. This was not •dine in the presco.t case ; the jwoceediog with.the rest to St. Marie, when.she was{ licence here was, for any ship, not-bearing-the French stopped by the I?dalus sloop of war, and,• on - the • 24, to import any.goods lawful to ' imparted, ground oT ' -• Ma) , Feet stock-Irbil, Get :oar ' the tt49 4 'i°n PlOgs'w RA Wi itch. Ile 'Mir' 09th , had *ken hi her ; ***gel t;llterlier :41.• clsti.kenao*isat • hietkrlpvirledie r o w NI. . Ale •! OW , I t . . , . ---. ---- --;,- 7 7- .7 ii_"'" -... _,. ~..- :-.-, 1. 4 'VW- skaifeverbeivfoo.ready and watt', to,acksowkika" thy .gooJs lawful to be imported, ex- I' grOtod di thd:ckar . et and . Ditat z- h ithise - se - ; , no " -- t ii,Z n . g - ,- - , - , got -wag Mt h i s o w n. The gentleman uarataveltisca 1 Messrs. (.airla sod Co.,avay.l?e cnosult i d by pati.nts 4,14 Lip :na n. I:tnen, - and oil, tut no'speti. ; the licettCe, •wits daaained 'at rd . &ken . into .Iblllllhica tor the owner. iti,Nolits.tfsh &intuit' %km) and flavour, at that Woe, oogs.so be issweed. 4, second -point i•viltec,:t her orgo•viiiielonticd, 'arid saki Ot eanisidewsible. : The Magistrates of Perth and Liverpro!,' have re-' - "*4l-104(n wli , 't'"••" "" b "i"'" 1 2 .1 . i .''' 1•,,Al 4y4s,...that new. licence meat to max, )ogN. '• Tho o.44ittlifkabteseght •theit—action agairisothe solved to present , a pet; t ;on to his Roy ,1 . 1-1 : 4 ': -nes, WWI* • Ift cznitoisi:BiteDG I; yosm t) Rail ofSerterrthytkand the thip;relthontlii . thisieesurieertilattd:.-ieinvefedifty•tlit. paw& Min iha'Ptionre Reavyr rayink he yr pld he p 1,2 .1 se It+ . - ....f,.••••!..pr....,..............,.. J(I apaillt a. Oise i her 'bi d d not sail 'fr, m - A;th.: , (*llitigseashisv:ineisoatgeltsii k , •• • I•;,iv • 4, e thiilitnyat : Prociamarion,gohibileing the dis' , ll... *wirl! 4 . :Tri ~. t j a i t i a . S. lll4l C. , OW _ Er ilie : sth. ' , • ,':f` ' 3 lifir, QA Rh )1.411# ilthibilttiiii 'ant the' Tolaintiots 'of Oit4tc-fentivlpi4,llA* ' iiit Viis ant c t retina- ' , it Lopuv a , ~,,,,„,: ht, c , j tai, „4 :4, ,,,..., lintouott btrutigly zeptObated.tite..4loc. aot • entitled to recover, inasmuch as they beta. ipseti suaccs of the•tkottairy. ' - '1 "*.: ' . • fob' thbere, r-ear. • S. • .. • I s I I