Star. — London, England, 1805-07-27 00:00:00

SPORTING INTELLIGENCR. A cnnfiderable bet was decided on Leith Sands, laEl week, between two military gentlemen. One gentleman was to run one hundred yards before the other would ride the fame diftance on an excellent young horfe. The gentleman on foot gained by four yards. The betting was two to one in favour of the horfe at fluting. Thertwere feveral hundred fpetta vrs prefcnt. RACE AGAINST TlME.—Yellerday Mr. Thompson, who is employed as a ckerk in the Ordnance depart ment, undertook for a wager of twenty guineas to run a mile in four minutes and a half; he accordingly Muted early in the morning up the Mall in'St. James's P ar k, and performed his talc within three feconds of the time allowed ! BLANDFORD RACES, TUESDAY, JULY 23. Fifty Pounds for three and four yr olds. Two-mile heats. Mr. Fenwick's b. f. Mifs Coiner, by Don glizotei 4 yrs old 2 t 1 Mr. Abbey's h. I. Virgin, 4 yrs old z a de Fifty Pounds for horfes that have not won that value fince March, 1804. Four mile heats. Mr. Dilly's b. f. Little Peggy, by Buzzard, 4 yrs old Mr. Sutton's b. in. Betty Mr. Biilioff hinfon's br. h. Serpent, aged 3 3 WEDNESDAY—Fifty Pounds given by the Members for the County—Four-mile heats. Mr. Fenwiek's b. f. Mifs Coiner, 4 yn old Mr. Abbey's e. m. Margery, 5 yrs old Mr. Frogley's gr. h. Starling, s yrs old I I S 1 I I a 3 3 EPIGRAM ON A BAD SIGN PAINTER. Groterque and ttrange were the defigna, That TOM the Painter drew; His proper trade was paintingfigur, But he did wa nders too! We underfland a Patent has been granted to Mr. Jams: Nos Coggeihall, Hex, for a Machine for drawing a Sliver, after the Wool is worked on the Comb. There is, we are informed, a machine now at work at Leicefter, for the infpeaion of gentlemen in that place, which meets their decided approbation; the work being performed much better, and at lefs than half the ufual expence. Mrs. Frrztiaassar arrived at Brighton on Mon day, and took poffeflion of the boufe the has had built on the North of the Steyne. It is in the mo• dern 'Lyle, with a colonade, fupported by fix noble columns, 14 feet high, and ornamented by a fanciful balcony, which runs the length of the building ; the whole is painted a vivid green, which has a finceffed, when viewed from the promenade. The poor Queen of Erautta perfecnted with the odious addreffes of Prince Euceire BEAUKARIIMS, is in a fituation the molt melancholy that any Queen has found herfelf in, fine the days of Queen PtNR• Lora. Indeed her fituation very much refembles that of the Qileen of Ithaca; fur though (he has but one deteitable wooer, he is backed by a power which renders him equal to a similitude, whofe re tainers menace the life, and devour the inheritance of her fon. Her bufhand is (till more hopelefily abfent than thrssrs, for he is gone to the bourne from which no tra veller returns; and her fon is in a (late of more kelt * minority. Isburrtv.—On Monday, the Bth inflant, two lads of Limerick, Cornelius Dogherry and Edmond Dal ton, apprentices to ladies' shoemakers, commenced to work the entire week for a wager, no part to be done by candle light, the work to be infpefted by their re fpeftive employers, and none to be accepted but fair faleable work ; when, after the week's cordeft, ending Saturday evening, Dogherty proved - yitioriouv, hay ng made 44 pair, and Dalton 4.3.—Dogherty's wa ges, at 20d. a pair, would amount to 31. 13s; 4d. There are nearly as many large CApitals in the prtfcnt Lottery, as have been ofuslly given to Lot teries of more than double the number of Tickets, and the money allotted to a portion of the blanks, together with the Twenty Pound Prizes, have re duced the riot to little more than two atftual Blanks to a Prize. Thurfday as a groom was exercifing a boric in Smithfield, the animal took fright, and ran away with hire, when turning the corner of Rnbfon's Rabic-yard, in Little Britain, too fuddenly, the boy was thrown with fuck violence as to ft-at - lure his fkiil. He was taken to St. Bartholomew's Hofpital, but expired a fhort time after his arrival. The owner of the bode, on hearing of the accident, ordered it to be fhot. At the Affixes for the county of Northampton, F. Deacon, for fheepAlealing, and Senn. Bates, for houfe breaking, were capitally convieted, and received len ience of death, but were reprieved before the Judge left the town. Geo. Chefi, for obtaining goods under falfe pretences ; and John GoVon, for He two bu(hels and a h a lf of wheat, a deal door, &e. were ordered to be imprifoned 12 months. Tho. Haynes, on fufpicion of Healing a curriele and two honks, and I.von. Haynes on fufpicion of poifoning his wife, were shrcharged by proclamation. At the fame Affixes, a barber received 3501. damages of a miller, for crimi nal converfation with his wife; and a young woman received 1501. damages of a man for feduiltion, and breach of a promife of marriage. STORM.—On Tuefday a heavy form of rain fell in Birmingham and its neighbourhood, accompanied with lightning, and loud peals of thunder. In De rr:end, the lightning aruck a timber -flied, in which f;me lawyers were at work, on the premifes of Mr. Lord:ley ; it firth cut away the letter N. (North) Irom under the weather-cock at the top of the build. nig, fplit the rafters, went thro'the cafement that was open, of which it melted the lead, and afterwards foot into the ground in a fawpit where fome men were at work. One of them was frock upon the foot, and forced out of the pit, where he lay infenfi ble for fome time. When he recovered, his foot was difcdotired, and a good deal hurt. On the fame morning the farm-houfe of Mr. Tay lor, near Bourmbrook, was nearly dettroyed by the lightntng. The chamber and lower windows and haws were driven out, and the chamber floor l.nocked down. Five women and lonic children were the premifes at the time ; the women were all thro wn from their feet : but, we are happy to find that nr,rie of them received any injury, except from ight. An a(h tree on the premifes of Mr. S. Wheeley, the fame neighbourhood, was nearly Ihivered to jeces, and I; ,me of the balk carried upwacis of a 3 yards from the fpot. ZAP' INIWLICNNci. COURT OF CHANCERY, JULY s 6. ADAIR O. THIB Haw mesa COMPANY. This caufe, which is of confiderable importance w many individuals, and to the public at large, was yefterday,in part, heard before the Loa oCitan c taxa. The Bill was filed by Mr. Adair, againft the Truf tees of the Proprietors of the King's moiety of the profits of the New River Company, and againft cer tain other perfons fpecified, belonging to the New River Company, in place of all perfons having any right or intereft therein. The allegations in the bill Rated, that the perfon under whom the Plaintiff claimed had a grant of a rent charge of gaol. a year on the King's moiety of the prJfits of the New River Company, tubjerft to pay a proportionate part of the affeffment for land -tax, which, by a 9, the property of the New River Company was liable to. And that for a confiderable time back tool. a year had been dedu&ed from this rent charge as the propor tionate part of the alliffinent for land tax, to be paid oat of it, which deduaion was, in fa& an infinitely higher rate of afTeffment than the other property arifing out of that concern paid, and confequently more, as the Plaintiff alledged, than he had a right to pay. The relief required by the bill was, that the New River Company should give in an account of the profits made by them for a confiderable time back, up to the prefent time, and that there accounts fhould be referred to the Matter, to examine how much of the (cool. a year, rent charge, had been paid in fatisfaeion of the land tax, and bow much ought to have been paid, taking the whole property to pay at the fame rate, and to compel the New Ri ver Company to pay over to the Plaintiff the dif ference of what bad been paid, and what ought to have been paid, and alto to regulate the matter for the future, by compelling an annual account, fo as to prevent the Plaintiff from being obliged to pay more than by law he was entitled. Mr. RoNILLY, on the part of certain perfons, De fendants, belonging to the New River Company, Rated, that he was convinced this bill tbould be dif. miffed againft his clients. - There were, he (aid, but three or four proprietors brought before the Court, though the Plaintiff .had acknowlodged that he had in his poffeffion a lilt of two or three hundred, and according to the rules of equity, Mr. Adair was bound to make all thofe defendants who had any intereft in the property, if he was aware they had, which in this cafe Rood confeffed, they thould be made parties, if for no other reafon than to relieve thole who were at prefent before the Court, from the difficul.• they would labour under, if the Plain tiff recovered againft them, of compelling the other proprietors to reimburfe them. The Learned Gentleman then cited feveral cafes, to prove the nece ffi ty of having all the Defendants before the Court. There were, in his opinion, fome wrongs, almoß without remedy, or rather of fuch a nature, as that the remedy, which it was necef fary the party fhoul4 purfue, was fo complicated, that it was impoffible, confiflently with the circum fiances of the party, that any redrefs could be ob tained. One cafe of this nature bad already occu pied a great deal of his Lordllip's time, and was likely to occupy a great deal more ; he meant the cafe of Drury Lane Theatre, in which he believed there exifted a wrong, almoft impoffible to be re medied, on account of the number of proprietors.— In the cafe now before the Court, the fame circum- Rance occurred, as, on account of the number of Proprietors, they could not all be made Defendants : and, unlefs that was done, he humbly fubmitted the Court could give no redrefs. Mr. MARTIN, as Counfel for the Truftees of the King's Moiety, fubmitted, that this bill fliould be difmilTed, as agaii4 his clients, they having no in tereft in the property whatever. He further Rated that Mr. Adair might as well have (elected any one perfon from the company, and compelled him to pay the balance alledged to be due, as to have proceed ed againft the prefent parties. The confequence of allowing this praeice would be, that each of the pre fent Defendants, if they were recovered againft, would be in the , fame Situation as the prefent tiff—and would, therefore, proceed againft fome others of the - proprietors, who eventually would be obliged to pay—and would, therefore, prolong the litigation, as long as any perfon could be found, who had the flighielt intereft in the property. Mr. HART, on the part of the New River Com pany, relied on the fame objeetion as his Learned Friends, who went before him ; and alto urged the want of jurifdieion in the Court, as the party might have relief in a Court of Common Law, by bringing an aeion of account. Mr. RICHARD(, on the part of the Plaintiff, Paid, he hoped he would be able to thew the objeaion, for want of parties, was of no avail, as it was merely a matter ofform, and might be, and was difpenfed with, when the Court law oceafion. He then in ft4nced the cafe of a bill, filed to eftabliffi a cultom, whce every individual in the Manor was interefted ; yet, it was not required, that they fhould all be made Defendants; but only fuch as were neceffary to give information to the Court. On this ground, there fore, he thought the objeflion was out of the quef tion. He then proceeded to (late, that the aft re quired, that four thillings in the pound fhould be paid out of the entire profits of the New River Company, eftiasating that at tB,oool. a year. His client's rent charge of pool. was fubjeft to this affelfment, and the Company always took care to dedua one-fifth of it, for the purpofe of fatisfying the Land Tax Commit (loners, though they themfelves only paid 36001. a year for the whole property, being one-fifth of the 18,0001. a year, which, at the time the Aft was made, their profits amounted to. At prefent, it ap peared from the anfwers put in, that their annual profits were infinitely more titan tB,oool. on which account he htimbly fuhmitted, that his client fhould not be obliged to pay more than the Company, and that the prayer of the Bill fhould be complied with. The LORD Cm•stesxioa laid, the Court was under a great difficulty, as it was admitted in the anfwer of the Defendants, that their profits were more than tB,OOOl. The New River Company are, by the Aft, to pay four (billings in the pound to the land tax, as well as the holder of the pool. a year lent charge: the Court cannot, therefore, in contra diftior to the Aft, fay, that the Defendants (hall pay over to the Plaintiff, who has paid no more than he had a rjght to pay, what in fait belongs to neither c: them. The public alone have a right to it, and betanfe the iiefendants bate thought proper to defraud them of it, that is no reafon why this Court fhould make an order for the Plaintiff to take a part of what does not belong to him, His Lordlhip then fignified a with, that it lbould Rand over till Wednef day and if the parties had any thing farther to urge, it might be mentioned on TuefdAy. COURT OF KING'S BENCH, JULY kr. THOMAS •TKIESON M. WALTER SUMPTER. Both the Plaintiff and Defendant are Brokers and Auaioneers. This was an anion for flander. Mr. GARROW, for the Plaintiff, Paid, that there was I nothing which had given more fatisfadion fence his Lordflaip had prefided in that Court, than the direc tion he had given to Juries on fubjeds of this nature. In a late caufe of Tennant % Ruffin, the damages of fool. had been given, and the prefent cafe bore a very great refemblance so that in which the Jury had ex ' ercifed their wifdom and moderation. The Defendant thought proper to infinuate, that the Plaintiff was guilty of felony. B ut t hi s was done covertly. It was Paid that a glafs or minor was loft, and that the Plaintiff would have been accommodated at a great houfe in the neighbourhood of Smithfield, if it had not been for the good offices of a Mr. Dawfon, in the fame line of bulinefs. This was not all ; th e Defen dant added, that the Plaintiff had not cleared tome lots at Dawfon's, and that in confequence he would b e permitted to buy nothing more at D a wfon' s (ales. When much was alledged to the difcredit of any per fon, if the whole were not believed, it was thought, generally, that there could not be to much Comte without Tome fire. The Plaintiff fubfequent to there calumnies went to bid at Dawfon's tales, when he was taken afide by the Clerk, who laid to him, u A very unpleafant circumftance h as happened ; M r.Sumpter has fpread come difagreeable reports of you, and therefore Mr. Dawfon cannot permit you to clear any lots until you have paid for them." The Learned Counfel remarked, this was not the araxianan, but the minimum of the damage. No man could dilcern how deeply the forked tongue of calumny had penetrated. His Friend (Mr. Erfkine) might, in reply, deliver a Pindaric ode, he might, by his fertile invention,influ ence for a moment the imagination of the Jury; but they would not be permanently dazzled by any brilliant difplay of his powers ; they would recoiled they were upon their oaths, and bring his client to a reckoning. Mr. Pendy depofed, that the Defendant had kid at a tale, before about twelve perfons in the fame way of trade, •addreffing himfelf to the Plaintiff— ,' You know yourfelf, if it had not been for Dawfon, you would have been in Newgate." The Defendant alfo Paid to the witnefs, 4' Go and tell Atkinfon, if he does not clear his lots away from Dawfon's, he will get no more credit at the tale." On his crofs-ezami nation he Paid it was cuftomary for the Brokers at tending at fales, to receive two and fixpence, five (bil lings, lalf-a-guinea, and fometimes a guinea each, for their company from the Audioneer. He (aid he did not like to deliver the meftage from the Defen dant to the Plaintiff, becaufe he thought it would wound the fenfibility of the latter. Another witnefs was called, but the words in the declaration not being proved, the Plaintiff was non fuited. PHILIP •ND CHRISTIAN SPLIDT D. WALKER AND 30110. The Plaintiffs are Hemp Merchants, in Cable•Rreet ; the Defendants are Ruffia Merchants, and Sack. makers. This aaion was upon a contra& for about twenty tons of hemp, at 6sl. per ton, which were Rated to have been bought by the Defendants, but they not fulfilling their contrail, the goods were re• fold at a lots of 441. 195. 1 td. and of intereß, amouffking to 171. 143. 5d.; the furn, therefore, of r 621. i4s. 4d. was depending upon this caufe. Mr. ERIIIIIIII, for the Plaintiffs, obferved, that, on the 15th of Oaober, 1803, Mr. Hugh Atkins, a Bro ker in the Ruffia trade, applied to them to purchafe hemp for account of the Defendants, and, after fame altercation, the price was agreed at 621. per ton. The negociation being effeeted on Change, the Bro. ker did not at the time deliver a contraa, and his LordThip had very lately ruled, in the cafe of Far mer v. Robinfon, on a contraa for brimUone, that, until a memorandum in writing was made, the an thority given to the broker by the buyer or feller might be recalled, becaufe the tranfaaion, above a certain (mall amount, would be ranged under thole prohibited by the Statute of Frauds. Fortunately the prefent contra& would not devolve within that daft; for the broker had made an entry in his books. of the purcbafe by the Defendants and of the Plaintiffs ; after which, the Learned Judge, he trufied, would admit, that it could be neither coun termanded by one nor by the other. His Lord (hip had further ruled, that there might be a fup pletory contraa, which was not within the Statute ; that is, that time, place, and circumflances might be added to a contrail, as far as thefe fhould be condo. cive to, and conflUent with, the original engage ment ; but a contraa could net in the fame way be made abfolute, which was before conditional. He underftood it was to be laid, that the article was de. ficient in quality. This difficulty, in point of fa&, he Should be able to remove with as much fuccefs the objeition in point of law. Mr, Hngh Atkins depofed to the time, and other particulars, of the contrail ; and, on his crofs-ezami• nation, he admitted that, although he made an entry in his books, he had not fent a broker's contrail, in the cuttomary form, either to the Plaintiffs nor the Defendants. Mr. Gisaitow fubmitted to his Lordfhip, that the memorandum in the account book of the witnefs, was wit fuch as the Statute of Frauds required to confli tute a valid contra& The cxprcfs words of the fta tote were theft, " to be made and figned by the par ties." The contrad mull, therefore, be figned either by the parties, nr by fome other preen lawfully au thorifed. This private entry of Mr. Atkins was nei ther figned by himfclf nor any perfon. Mr. Easains—" When a broker has a regular authority to purchafe, and he makes a memorandum of it, with his own hand, in his own books,it will richly the Statute of Frauds. On the principle to which I now advert, a will, in the hand writing of the teila. tor, without being figned, is allowed to be valid both in law and equity." Lord Et Law RORO U If the Learned Counfel for the Plaintiffs can produce any cafe wherein this dodtine has been adopted in commercial contrads, I will endeavour to give it its due weights but the words of the A. are, " to be made and dined by the panics r and 4. cannot exclude ;be effat of the term had, in the Ilatute."—The PlAttlift *yea nonfuited. Lgootomo £$D co. t. a. AND j. NOROAN. The Plaintiffs are bankers, and the Defendant, George Morgan, is a Gentleman refiding in Buck inghamfhite. James Morgan is a Doaor of Divinity, his brother. This atiion was for a bond for ta,oool. Oyer of the bond and of the condition was prayed, and the aril plea was aoa ij fames ; the fecond, a corrupt agreement between the Defendants and the late Mr. Alderman Newman, whom the Plaintiffs reprefented, and a third, a payment of ufurious its. tereft. Mr. DALLAS for the Plaintiffs, (aid he was greatly aflonifhed at the pleas which appeared on this record. The defendants had enjoyed the free ufe of this largo % (urn of money, to devote to their own purpofes, for the term of ten years, and they were now required to return it. by two gentlemen, Mr. Tate, a merchant, and Mr. Cafwell, of Hertfordfhire, to whom the pro. 'petty devolved, in confequence of their intermarriage with the daughters of Mr. Newman. Inflead of con forming to the condition of the bond, Meas. Mor gan thought proper to refift the demand, in a way, he thourn, not very honourable to their charatier. He was provided with their letters, profaing their willingnefs to difcharge the engagement, but plead. ing a temporary difability. The Learned Counfel would, however, decline any feverity of obfervation, until it (hould be rendered neceffary by the mode in which the defence was condufted. After the bond had been pt oved by Mr. Michael Panther, The Sotactroit GINItAL addrefred his Lordfhip and the Jury on behalf of the defendants. He alert. ed, that they had been very harfhly treated, in being required to raife fo large a firm as r 2,0001. on a Glom notice of 6 months. It was true that his clients had had the ufe of the money, but a noble eftateconftituted the ample fecurity for the bond, and it would appear in evidence, that not only the legal intereft, but (rune_ thing more than the legal intereft had been paid for the loan, and the effeet of this extortion mull be fatal to the prefent aiion. Notwithftanding this advans tage, fo honourable were the defendants, that they did not with to take advantage of this circomflanea to defeat the claim of the Plaintiff.—all they wanted was, an interval of is months from the prefent time to raife the money, `after which the whole account Ihould be faithfully difcharged. As thispropofal was, not accepted, it becam, him, as Connie! for Marrs. Morgan, to thew in evidence, that the plea of ufury on the record was well founded. The money was to be advanced by Mr. Alderman Newman on the fecurity alluded to, in the month of March :795. It fo happened, that the title to the effete' could not be fubftantiated according to the forms prefcribed by law, until June of the fame year. The Alder. man had agreed, that whatever difficulty might arife about the title, the intereft fhould be eftimared from March, and hence an excels of intereft was paid from the loth of March to the 23th of June, amounting to a furcharge of 1741. above the legal intereft. This had been paid ; and this alone furnifhed a competent ground of defence. The Defendants faw the incon venience, and deGred Mr. Newman to invell in Ex. chequer Bills the amount of the Loan, until the title deeds could be prepared; but he had not only de clined doing this, but inveiting it in any other form, or depofiting it in the Bank or elfewhere, in a manner that could be denominated an afcription of the money to the purpofes of this loan. The fed was, that he had been fomewhat too mercenary in the tranfaBiona —he had applied a confiderable portion to the purr chafe of India Bonds, and thus had illegally obtained double intereft for the fame money. After this explanation, the Soticrroe-Gawattat. repeated his propofal for the full payment in twelve months, which was immediately accepted.—A Yee die wee tams for the PlaintiM II wriest, is the funs of 12,0001. aad the alb is the Courts qf a.aw and ignity were referred to Mr:Tominz. 14 1 C01111ili V. DAVIS. This was an aftion of Trbver. The Plaintiff chimed to be poffeired of five hogfheads of tobacco, which he alledged the Defendants had converted to his own tafe ; the saute had been before the Court of King's Bench before, and the chief part of the evidence came on upon adtruffion that the Plaintiff, Mr. M'Combic, was a merchant refident at Aberdeen. andemployed James R. Coddingdon,of London,broker and dealer in tobacco, to purchafe for him, and on his account, Tome tobacco, which he accordingly did; that the tobacco, which was the fobjea of the anion, was part of the tobacco belonging to the r Plaintiff, but that the Defendant had no knowledge of the tranfadion as between Coddingdon and the Plaintiff. That the Defendant bought the tobacco in his own name, and that the whole of it was put into the King's Warehoufe, entered in the name of Coddingdon, where it was kept in. the ulnal manner to be anfwerable for the payment of the duty. 'fiat Coddingdon pledged this tobacco, but did not fell it to the Defendant, and as a fecurity for the advance which the Defendant made upon it. Coddingdon transferred the tobacco in the King's Warehoufe into. the name of the Defendant. That afterwards application was made to the Defendant, on the part of the Plaintiff, fcir the delivery up of the tobacco to him ; that the Defendant's anfwer was, that he had advanced money to Coddingdon, that he knew no. thing of the Plaintiff, and that he would not transfer the tobacco but to Coddingdon's order, and not until his advance on the tobacco was paid. That after wards the following order was addrefred to the De fendant : *. Mr. Davis—Pleafe to &liver to the order of Mr. Thomas M'Conible five hoglhcads of tobacco, his property. (biped) J. a CODDINGDOIL" Another letter from Mr. M'Combiellimfelt, ad dreffed to the Defendant " I revel that you will deliver immediately to me five hoe heads of tobacco, being marked and nun:bered as below, the Lame being my property, and pledged by J. it. Coddingdon. (Signed) " T Y comas"' That the Defendant received there orders; but that he faid he would not deliver up the tobacco un til he was paid his money; that the tobacco is now in the King's warehoufe in the name of the Defen dant, and of courfe, without his order, cannut be had out. It then appeared, by the evidence of Mr. M'Combie, that he is a broker and dealer in tobacco; that he bought a large lot of that article, and; among the real, five hogtheads for and on account of the Plain tiff, Mr. M•Combie, but entered the whole of it in his own UM lit the King's warehoufe; that, want-