Star. — London, England, 1813-01-29 00:00:00

I . EAST-INDIA HOUSE, the 26th JANUARY, 1819. AT a GENERAL COURT of tbe UNITED COMPANY of MERCHANTS of ENGLAND Trad ing to the EAST-INDIES, held this day : Restnved, Tk.st this Court perceives with deep regret, that after a long correspondence and discussion, conducted with ex emplary firmness, 'temper, and ability on the part of the Court al IJirectors, and with much difference of opinion among the aeveral Ministers who have represented his Majesty's Govern ment in the discussion, and closed on the part of his Majesty', present Ministers with a reference to the petitions lately pre- served to Parliament, as a ground of their new determination,' the parties have at length arrived at a point, when decision is ab .I solutely required, between the ruin of the Company and the disappointment of the petitioners against their Charter. Resolved, That on former discussions relative to the renewal of the Company's Charter, and particularly in 1785, his Majesty's- Government were prepared, at the outset, to state the precis, exteut of concession which could safely .be allowed to the peti tioners against the Company's Chatter: and their mature con vietioit aepeareti then to be, that the regulated monopoly of the Company wee essential to the interest* of the country, and that chi* consideration alone was a sufficient answer to all pretences fee interference with that monopoly. That the territorial possessions of' the Company in India are. theii certain right, and that the system provided for the 'adieu I, Government by the wisdom of Parliament, tog ether with the disinterested spirit in which it has been administered by the Company, have extended and consolidated the British Empire in the East, and added to the strength and glory of the British Engel pire at Home. Tint the trade of the Company has long ceased to bear the character of a strict monopoly; and that,by some further mos di,ficrions, if thought indispensible, in Widen to the arra . oscine of 1793 and of 1802, it may be rendered as mucli'an o Vide, as will be consistent with the security of revenue and the - ISMeperity and safety of the Indian Empire. • , ' 'That it is the opinion of the ablest Indian statesmen, as well es of the generality of persons acquainted with India, that we large or sudden addition can be made to the amount of British ' exports to that country or China. That this opinion is confirmed by the practice of , -the Americans, who export chiefly bullion, end by the overloaded state of the Indian markets. That the habits and religion of the natives are hostile to any such ex tension; and that the Company actually suffer a lose in this department of their concerns, with the view of employing the capital, and encouraging the industry of their countrymen fit home. , That ao far as relates to the ordinary produce of India, the Import trade is now carried to the full extent of the demand, as appears by the value of two millions and a half sterling of private property at this moment remaining in the Company's Ware houses; and that to open the outposts to that trade, would be it. other than a ruinous transfer of it into new channels, to the duo tic , icn of !nimense and costly establishments, and the beg• pry of many thousands of industrious Individuals: 'That an extension of the trade in other products, the supposed Was; of opening the out ports, could be realized nly by a large transfer of capital to India, and its consequent colonization.— 'that, it realized, it might fatally interfere with the manufactures of England, or with her commerce to countries where similar products are already ii.sed by British capital, imported in British shipping, and paid for by British manufacturers, and that, thus, such extension would deeply injure those very persons who are most impatiently petitionit.g for it. That any unrestrained intercourse of Europeans with stir In dian Empire is highly to be depteceted. 'that the unlimited competition of commercial agents would, from the peculiar cir eutunances of the century, produce " a boundless scene of con fusion and treed, and uhiniately the ruin of the manufacturers themselves:" anti that tempting opportunities would be held out to the agents to maintain illicit intercourse with the Native Power , and to conduit a dangerouesystem of COUIRMI4IIOII with • China front the Eastern Islands. That this Court do most highly approve the conduct of the Directors upon the vital _question of admitting the out-poris to the import trade from India; and that the confusion and hazard from irregular sales. *the outposts, the loss to the revenue trom smuggling, and the elkisequent ruin of the Company's China trade, arc decisive obstacles to the policy of such a measure. That are therefore firmly of opinion, that the Court of Directors should, on no consideration whatever, cede this point in the dis cussion. That It also appears, from numerous petitions pre sented to the last Parliament, that on the faith of approved and long establshed practice, an immense capital has beet* invested in establishments, peculiarly adapted to the export trade between India and China; and that many heavy engagements have been entered into by persons in the City of Loudon, and on both banks of the '1 banes, front London-lotidge to Gravesend, the very subsistence of many of whom depends upon the continuance to the port of London of the export trade to India and Chios ; and that nearly 10,000 industrious attifisers, together with their families, would be in danger of beggary, in proportion as they would be thrown out of employment, by the removal of the ex- i port trade from its accustomed channel. This Court therefore conceives, that it is of vital importance to the City and Port of ' London, that the export trade to India and China should continue ' to be carried en as heretofore. That since the high duties on articles imported would still re main, the abatement in the price of freight, expected by Pett• tioners to ensue from the subversion of the present system, would be productive of trifling relief to the consumer; and that this relief would be purchased at the extreme hazard of the revetito of Customs and Excise, now collected easily by the Company, es well as imminent danger to all the solaces of their wealth is India. That there is no foundation, in fact, for the statement which ascribes to the Company's Charter the advantages enjoyed by neutral toreignet s over British Merchants, in tee admission of the former to a trade from which the latter are excluded; for • that the profit with which that trade has been carried on by those foreigners, has been entirely owing to the facilities neces sarily belougir.g to their neutral character, and which, of course, cannot belong to the merchants of a belligerent state. That the discharge of. the pehtical functions of the Company depends ott the continuance of its commercial privileges. b ut the propoeitions of his Majesty's Government, by giving a fatal blow to the cononeicial interests of the Company, will, it in sisted on, eventually terminate in its political dissolution; and that politic*; advantages, of the highest importance, will thus be lo;t to the .country, among which the following deserve to be di einctly noticed, as much too valuable to be sacrificed for a trifling redaction in the freight of Indian goods to Europe. is A marine of 100 large 'hips, containing a tonnage of 10;333 tone, employing 1460 officers and 100:00 seamen, of ac knowledged skill and bravery, and which bat been found ready and able, at all times, to minister to the stational Convenience and o augment the national glory. U. An extensive establishment of yards, which bas often ren . - ed large and seasonable assistance to the Royal Navy, and 'ght, in cases of necessity, be made available to the national fence. ..e. S. The remittance of the fortunes accumulated by above 3000 dficers of the Company's military service, and some hundreds of ivil servants, which are transferred to the capital, and stimulate he industry of Brita n. That, in addition to these considerations, the liberal disburse neon. f the Company for national enterprises, and the merito ious contribution of their service to the batioual Fund of strength ad glory, are entitled to a just and honourably rememberatice, a the preparation of any measure which may vitally affect their ,terests. That connected with this department of the subject, is the Mane danger to which, in case of the Company's dissolution, ie balance of the. Constitution would be exposed, by the transfer F the Indian Patronage to the Crown, and the enormous burden Phi c h would be entailed on the public, in satisfying the claims of ompensation on behalf of the Company, and of all the comph ated interests which would be involved in its fate. That, by the destruction of the Company, a vast number o; hose Proprietors, amongst wham its capital of twelve milliot.s terltng is divided, would Le reduced to entente Out' eb3 ; a,. ;early 40,000 persons, directly employed by the Lo.upany, watt nany others hultrectly concerned in its prosperity, .viro4 're lougtit to a state of absolute beggary. That, from the tenor of the preceding considerations, it ap mars to this Court, that nu case of political or commercial de inqueucy has been established against the Company, to justif, e ruin with which they are threatened, or to forten their slain. VII a continuance of their Charter. That, oil the contrary, then u amtrcial management has been trequently deranged and it.- scrupted by costly ent,rpri‘es, to which they were compelle.. t grouttds of imperial policy, and which no temporary posse, Loa could have 'minced them to execute. That their remonstrances against these undertakings wee. Aunt recompense, in the revenue, and commerce, 11. net o by referenie to tut ur; add di, proved prospect of pera4auent peace, • and the, by argottierils Math implied little less this a plrdge that their privileges should be continued, at least until their In. &amity *mild be complete, and that it is nsuatifestly salsa to antaffillist them, as a proof of commercial msp.mene, pecuniary arising out of thia forcible commercial funds to national purposes. That, with a view to their financial difeculdes, that Interred on the Public account, the Directors, in the year 11103, appre hending the consequences of the transfer of the lucilan territorial debt to England, proposed methods to meet and provide for those consequences; but that his Majesty's Ministers refused to ftw- Nard those propositions to India, and have not substituted any other proceeding for the same end. 1 bat the Court appeal confidently to the following particulars, from the close of the Fourth Report of the Committee of the House of Commons appointed in the late Parliament, for a proof, not only that the Company have carded on their Wafts without any expense to the finances of this country, but that the operations of their system have been manifold ways beneficial to its interests. Ist. That since 1791, British industry has been encouraged by the employment of £46,000,000. ed. *Fiat the produce and manufactures of India, purchased with this sum, together with those of China sold in England, realieed•in sale amount nearly to £140,000,000. Bd. That the purchase Of the produce and manufactures of England amounted to £29,200,000. 4th. That the employment of British shipping amounted to £9.5,000,000. sth. That the duties on imports, collected through the Company at a trifling expense to Government, amounted to £39,300,000 ; and on exports to £660,000; --together, £39,960,000. 6th. That the combination of these, and other sums, producing £185,960,000, stews that, .no an wemge of the last 17 years, £10,900,000 'have been diffused in various channels, through the whole circulation of the British Empire, &c. ' Tim, o, for proof of the moral and political benefits derived t the population of India fresh the Government of the Comps?, this Court appeals to the Fi ft h Report' of the Conunktee of the House of Commons, which exhibits the gratifying picture of a people raised from the lowest disorder and degradation, to a state of industry, security, and freedom; and that this Court coati dently hopes, the improvement in the condition of 50,000,000 of natives will Lot be intorrupted, by the pernicious experiments to which the sanction of Parliament is now so loudly solicited. ' That the interests of the Company are now become so Inter woven with the political and commercial system of Britain, that, by their sudden dimeletion, the credit and grandeur of this coun try would receive a shock, which must be perilous, and might be fatal; and that the measures proposed by Government are therefore anxiously to be deprecated, inasmuch as they must have the effect of liringing rt.! Company to speedy destruction. That, with such a :age in favour of the Company, the Court is assured they may appreach Parliament with confidence, and without the smallest alarm from the misrepresentations with which they have been assailed ; and they are persuaded that the wisdom of that enlightened body will never covutenance the sacrifice of clear and positive interests of one class of men to the contingent and uncertain advantage of another; nor demolish a mighty practical system, which has been raised by such immense exertions, in order to place its materials at the disposal of inte rested speculation. That this Court approves, most highly, the firm exertions by which the Directors have now enabled the Company, if neces sary, to bring their case in its integrity before the tribunal o( Parliament. They tender theirwarmat thanks to the Chairmant the Deputy Chairman, and the Court of Directors, for their scat' and ability in support of this important cause; and they trust that, if any opening should pretend itself for itrenevral of the dis cussion between the Company and *ls Mojerty's Government, upon the principles detailed in this resolution, it will be con.' ducted by them with the energy and modetadon which they have hitherto displayed. JAMES. COBB, Assistant Secretary. TOOP'S BANKRUPTCY. — 1 'HE Creditors who have proved their Debts un. -a- der a Commission of Bankrupt awarded against 1•:1,171A BETH TOOP, of Portsmouth, Sail-maker, may receive a Divi dend, on application to Mr. Shoveller, one of the Assignees, at, the Quebec' Tavern, Portsmouth Point,on the 4th and Ilth days of February next, between the hours of eleven end twelve o'clock in the forenoon, and two in the afternoon. WAKE and YOUNG, Blackman-street ,Southwark, Solicitors to the Commission. KIMBER. AN DOWS' CREDITORS. '['HE C. editors of Messrs. JosEN{ KIMBER, late of Colnbrook, in the County ef Bucks, Millwright, deceased; and lout; Dews the younger, of Newbury. in the County of Berke, Millwright, in respect of Goods and Materials supplied to them for erecting and making a Pound, Lock, Weir, and other Sitilie River names, at Teddington and at Sunbury, in the County of Middlesex, are requested. ferthwPh to send the particulars of their respective Demands and Securities (if say) to us, kr order that the same may be examined and arranged preps.. 4 ratory to a division of their Effects; and such of the Creditors who have not executed the Deed of Trust, are requested forth. with to call at our Office to execute the same, otherwise they will be excluded the benefit of that Deed. VANDERCOM and COMYN, Solicitors to the Trustees, 23, Bush lane, Canaon-street, Loudon.-27th January,lBl3. MONEY. A NY Sum, from £5OO to £50,000, is now ready to be immediately advanced at legal Annuity Interest, on Freehold, Copyhold, or Leasehold Estates, in Land or or-on Incomes for life, arising from Wills, Marriage Settlements, Money in the Funds, and Clergyman's .Livings. Part of the money will be advanced on Ilerronal Annuity Bond, to those in possession of known property, or their Heirs. Apply personally, between nine and five, or by letter, to the Director of the National Bank, No. 8, I.ower John-street, Golden-square. ROKEBY.—Publisbed this day, By Burton and Whitaker , 75, St. Panl's Churchyard,, T'HE following SONGS, taken from the New vi- POEM, entitled " ROKEBY," by WALTER SCOIT, Esq. Set to Music, with an Accompaniment for the Harp or Pianoforte, by JouN WHITAKER. I. Edmund's Song : 0 Brignal Banks are wild and flit, its. 6d. —2. The Cavalier, 24. 6d.-3. Allen a Dale, Is. ed.-4. The Wandering Harper, Is. 6d.-5. My Hasp alone, Is. 6d. ,The rest of the Songs from the same Poem will be published in a few days, set to Musk by John Whitaker. - - MR. FREND'S EVENING AMUSEMENTS, FOR I'HE YEAR 1813. This day was published, price 3s. in boards, "VVENING AMUSEMENTS; or, The Beauties of the Heavens displayed; in whits the striking appear ances to be observed in various. Evenings during the yearlBl3, are described. By WILLIAM FREND, Esq. M.A. Actuary of the Rock Life Assurance Company, and late Fellow of Jesus College, Cambridge. Docenio Disco. - • In this volume the opinions on generally received opinion of the attractive Powers of the Heavenly Bodies is more fully in vestigated, and the doubts of its existence are strengthened, by observatit•ns on simple Processes in common Life. _ . Printed for J. Mawman, 39,Ludgate-street, London ; of whom the Evening Amusements for the preceding years 1804, 5,6, 7, S, 9, 10, 11, and 12, may be had. Also, a Companion to the Alwanack ; containing an Explana tion of the Saints' Days, Holidays, &c. &c. By John Audley; 12mo. 2s. 61 sewed. This day was published, price Ss. bound and lettered, HE BRITISH READY RECKONER; with T a Variety of New and Correct Tables, for the Use of Mer chants, 'I radesmen, Land Surveyors, Farmers, &c. Likewise, a Tr,:atise on the True State and Value of the Monies, Weights, Measures, Exchange, &c. of all Nations in the Commercial World, compiled from the most authentic Sources. By WILLIAM STENHOUSE, • A ntant in Edinburgh, Author of the 'Fables of Interest, &c. Ebtrdoi. ; Primed for Sli.!rwood, Nzeley, and Jones, No. 20, Paternoster row ; Newman and Co. Leadenhall street; Oliver and Boyd, Edit.buri,h i and I. Cumming, Dublin. This Valuable Work contains much important and useful Information, In regard to Trade and Commerce, and compre hends whatever is essential in the Works of Kreuse, of Ham burgh; . 1 diet, of Paris; Ricard, of Amsterdam ; vlarieta, of Spain ; Benaven,ot Italy ; Grimm, of Berlin ; Dabost and Kelley, of London ; Brooks, of Bengal; Lord Swinton, of Edinburgh, and of many other Eminent Writers WI Commercial Subjects; besides a great Variety of Original Mauer, not to be found in any similar Publication. LAIC !M7ELLIQBNL►. The Judges met yesterday 7rectsury Chamber, and chose their Circuits as under: Man...ND—Lord EL lAN SOILOUGH and Mr. Justice Glass. L Sotto mc—Lord Chief Janice MAN STI g LD, Mr. Justice csoss• • Hutu—Lord Cunt Ozabw and Mr. Justice Hr.trs. Mier IR N—Mr.BaronTnousoN and Mr. I tisticeLt BLANC. WIEST cas—Mr. Justice Cuassaaa and Mr. Baron WOOD. Osroau—Mr. Baton GRAHAM and Mr. Justice BAILEY. in the King's Bench ARCHES COURT, DOCTORS' COMMONS, JAN. 20. COLE 11. CORM& . I This was a suit at the instance of Mrs. Jane Cole, of Bedford-place, Bloomsbury, against Mr. John_Cor. der, a Quaker, of the parish of St. John, Horslydown, ' Surrey, for defamation ; originally instituted in the Commissary Court of Surrey, but appealed from thence to this Court. It appeared from the evidence, that the defamation complained of took place at a meeting of the credi. ton of a bankrupt, to whom the defendant was as signee ; upon which occasion, he animadverted upon an article in the bankrupt's accounts, charging a sum of money as paid to the plaintiff, and observed " This is the way the money has been expended, upon a woman who is a common w —e, a strumpet, and connected with a set of swindlers," or words to that effect. The pleading, charging the fact, al ledged the words to have been " damned w—e," &c. and upon this variation between that and the evi dence, and a supposed deficiency of proof of the iden tity of the person defamed, the Judge of the Coth missary Court rejected the complaint, and dismissed the defendant from the suit. From this decision the plaintiff appealed to this Court, and no new matter having been introduced on the appeal, it came on for a hearing upon the evidence already adduced, to prove the complainant's case. The respondent's Counsel, in support of tile de cision appealed from, urged the necessity of requiring in cases of this nature, strict proof by the must re spectable witnesses of the precise words charged to have been uttered, or at least very simi:ar ones. He then commented upon the present evidence, which he described as that of a bankrupt and his accountant general ; and contended for the insufficiency of proof 1 upon the two points of the words spoken, and the 'identity of the person they alluded to. The appel lint's Counsel contended, that the objections to the - sufficiency of the proof were not well founded it re ferred to the whole of the evidence, being supported .lry partial extracts only ; neither did the circumstance §t• one of the witnesses having had the misfortune to itess bankrupt, and the other being . concerned, in the course of his professional duties, in an investigation of his accounts, throw any of that stigma upon their evidence which his learned adversary • wished to Fatted' to it. The words uttered, though not proved precisely in the manner charged, were, nevertheless, sufficiently so for the purpose of the suit, by the ut terance of that defamatory word, which was the only one this or any other Conn could take notice of ; and the identity of the complainant was the more particularly fixed, by the defendant's having followed up his defamatory allasion with an observation, that she had formerly gone by the name of Carter, which itt e witnesses deposed they remembered her to have . In the case of Robinson v. Mills, decidedby rair William Scott, not long since, the evidence was much slighter than this ; but that Learned Judge held, that it the words were proved upon any one occasion, as applied to the complaining party, to the conscientious satisfaction of the witnesses who heard ahem, it was sufficient to sustain the suit. This doc itrine, however, must have been e4ther utterly un known to the Learned Judge on the other side of the water, when he gave his decision upon the present case, or else at utter variance with some preconceived doctrines of his own ; he, therefore, trusted the sen. tence would be reversed with costs. Sir JOHN NICHOLL recapitulated the evidence, and observed, it had been thrown out, that an unusually strict proof was to be required in cases of this nature, In order to discourage them as much as possible. It was, undoubtedly, very desirable, where the parties are in that inferior situation of life in which language of this nature is in too common use, that a disposi. *ion towards an unnecessary litigation, the costs of which would frequently produce their ultimate ruin, ill ould operate in as small a degree as was consistent with the ends of justice ; but in the present case the parties were not so circumstanced ; they were in a situation of life in which injuries of this kind are more keenly felt, and these suits are the only remedy the law, as it now stands, has provided for an attack upon female reputation. It is not necessary to prove the words precisely as charged ; that would encou rage evasion, and protect malicious slander from the only punishment that now awaits it in this respect.— A Jury, in cases of libel at common law, had only to be conscientiously satisfied of the truth of the facts charged, to justify their verdict ; and the doctrine alluded to, as laid down by Sir William Scott, was founded upon the same principle. He then exami ned the points in question, as detailed in the evi dence, and being of opinion that they were sufficient to satisfy the requisites of the law, he preppluiccsi for the appeal, enjoined the defendant the unal penance, and condemned him in costs. The defendant then addressed the Court, stating, that he had not made use of the words alledged, having been brought up not to use oats ; and as he had not succeeded in that Court, he must seek jus tice in another. that he had barricaded the house, and had taken o:• a brick at the side of the door, as a peep-hole throi , e 4 which aperture he was to watch their coming, ai , 4 fire off those guns he had so prepared. Rule grante.i. BENT IP. DUTCHMAN. This was an action for money had and received Li the plaintiff's use. The defendant was the Captain .of a West-Indi a ship, the Granada, and the plaintiff was a young lady who had been on a visit to her friends at St. The. mas's, in the West Indies, and bad taken her passag e home in the defendant's ship. Previous to going on board, a Mr. Clarke paid into the hands of the dz. fendant 35 doubloons for her use, out of which the passage-money was to be deducted, and the retriair• der to be paid over on her arrival in England, or when she should demand it 3 but the defendant r e . tained the whole sum, upon the grounds of lia7ing expended it for her use, upon which the present ac tion was brought. To this actioa the defendant pleaded a set off, and produced an account wherein several items of pay. ments of different sums were charged against 11.,. plaintiff—namely, one hundred and sixty dollars ar.l two doubloons advanced to her at Porto Rico, ar.d at other periods during the voyage, £4O for her can passage, £4O more for the passage of a Gentleman, for whoni the Defendant :Wedged that she agreed to pay, and £25 for the passage of a black boy. The sums advanced were admitted, but it appeared that the defendant agreed to take 440 for her passage and the black boy's, and the proof as to the engagement to pay the passage of the third person was not satis. factorily made out. The defendant also endeavoured to chew that, they bad come to an arrangement and settlement of the account, and a letter wasproduced wherein he engaged to make her a handsome allow. ance, and provide her a furnished house, on their re turn to Englund. Lord ELLENDOROUGII, in the contrariety of evi. dence, left it to the Jury to say, what sums, should be allowed to the defendant, upon the wholeof the ac. count, and what tile plaintiff was entitled to. The Jury found for the plaintiff, £42. Bs. damages and costs. BODENIIAII BCt. ASSIGNEES OF OAKLEY, V. WESTON. A Rule Nisi was granted, to shew cause why there should not be a new trial. The action was brought to recover the amount of several bills of es. change paid by baakrupt, to defendant, under the fol lowing circumstances :—Bankrupt resided at Here. ford, and carried on the business of a woolstapler : on the 25th of April he was at Manchester, where his brother met him, and as the brother swore, told bankrupt, that defendants, to whom he was a secu. rity, had threatened to proceed against him, unless the balance doe to them by bankrupt were paid and requeated him either to pay him a sum ot money (his brother was indebted to him on another account) or to make remittance to defendants. Bankrupt gave him a number of bills, either to pass to his credit, or to remit to defendants. The brother made bankrnpt write a letter to defendants, covering the bills, which the brother, atter some consideration, forwarded.— On the 2d of May, bankrupt wrote a letter to his creditors, stating that, from the involved state of his affairs, he dared not to return to Hereford. Verdict had been for plaintiff. It was contend.d, o:at the verdict was wrong, as no act ot bankruptcy previous to the Ist of May was proved ; and that a traudulebt preference was disproved by the evidence of the brother, that defendants had threatened to proceed to law. Lord ELLENBOROUCII said, that it would have been a material circumstance had the Jury believed the brother, but that he had left it to the Jury, with strong remarks on his evidence. His Lordship desired that the letter should be produced when cause was shewo, it being relied on to prove, that bankrupt bad coal. milted an act of bankruptcy previous to the 25th ot I April. LAZI:ft O. COWIL Mr. TOPPING moved for a Rule to shew cause why the Verdict for the plaintiff in this case should not be set aside, and a Non-suit entered. The plaintiff was resident in Stralsund, and the action was brought to recover from the defendants, who are considerable merchants, in London, a compensation in damages for not having effected for the defendant an insurance to the amount of £7OOO, and also to cover the pre mium, in the precise terms of the direction given to them. The instructions were to insure to the amount of £7OOO, and also to the extent of covering the pre mium against English capture as well as every other, the plaintiff adding that he had mentioned English Capture, though he knew it was unlawful, hoping that the defendants would select those by whom an insurance on honour would be thought good and pro. per. The terms in which the defendants had the po licy executed, however, were not in those directed, but against capture by any power whatsoever," the insurance being only to the amount of 87000, and not for such an additional sum as would cover the pre mium. The Learned Counsel said he had argued that an insurance against British capture would have been unlawful. Mr. Justice BAILEY said, No—it would not have 'been unlawful ; it would only have been void, so far is British capture was concerned. Mr. TOPPING said, that was what he had contended for, and that the defendants had a right in this action to be put in the situation in which the underwriters would have stood, had such a policy been under written. Lord ELLENBOROUCII said, there was certainly here a slip on the part of the defendants. There I%'as a specific direction to insure to the extent of covering COURT OF KING'S BENCH, lAN. 2R. ' the premium, which a prudent broker would at all In an ejectment case, Mr. GASELEE moved the Court for an attachment a ga i nst the defendant tor times do. Neither was it a crime to insure against resisting the execution o f a writ of possession whieh British capture. Th e policy would o nly be veal Piro mato, Rule refused. had issued against him, and was returnable the first DARWIN V. SMIT H. I day of the present T erm . H e k new o f no grounds ln this case an application was made under Lord upon which this defendant could resist the writ but Ellenborough's Act for preventing vexatious Arrests, that of insanity, as it app e a re d u p on t h e a ffid av i t that . of the writ, h e w ent to some weeks before the return ' to have the costs taxed, the plaintiff having held a blacksmith's shop i n t h e ne i g hb our h ood, and asked the defendant to bail for AM, whereas be knew well that only 4101 was due, £lOO of the debt having him if he had any fowlin g -pi eces to di spose o f ; and, been paid....-Rule to shew cause granted. upon the blacksmith's inquiring what he wanted I SOALES D. ROBERTS. with them, he said they (meaning the plaintiff in The SOLICITOR-GENERAL made a similar applica• ejectment) wanted to tu rn hi m out o f possess i on , b ut t i on in this case, in which the d e fendant had bcen ar• they should find it a tough sort of a job, as he was rested, and held to bail for £lOO, only -'°° 'determined to resist them ; that the Sheriff's troop was due. Ili= 'aiming down on him, but he would shoot the Lord ELLENEOROVGII thought there was here cco *.t man who attempted to enter. It also appeared prominent evidence of malice.—Rule refused. • tb fie cc G Si /LE to so et 1 se 1 wi Ca • 4 Sc :a 3f Ic >l. e. ri re • 1 Id we u. be w. de .1 cy • . CI ye Or • pt ch t his ict he h us 44 et he: ah ed en ;he ng tat rn, m• of by be vas to ble et ice re- to ant ter, ish ing an ro- Po. ed, the not me- led IVC tve far led ion :ers ere S a ing all inst Cora stSt eld ell int; Cl . ar• no