Star. — London, England, 1821-11-03 00:00:00

LAW INTELLIGENCE. COVRT OF CHANCRRY, NOVEMBER 2. The LORD CiawcztLoit was occupied in hearing appeals from the dotisions of the Master of the Rolls and the Vice-Chancellor, which comprised no matter of interest. • COURT OF KING'S BENCH, NOVEMBER 2. This morning, as soon as the Court was open, an elderly Gentleman, of decent garb and simple aspect, took his seat on one of the benches appropriated to Counsel. When the Judges arrived, about half-past ten o'clock, the special paper was called; but the el derly Gentleman requested to be heard. LORD CHIEF JusucE.—What have you to say, Sir? Applicant.—There is . a conspiracy, my Lord, against this Court, and against the Royal authority, the secrets of which I will lay before your Lordship. LORD CHIEF JusTics.—Have you any affidavit? Applicant.--The case will not admit of it. The LORD CHIEF JUSTICE.—Then we cannot hear it : we can only hear upon affidavit. Justice BAyLay.—We.cannot hear you at all now. The applicant, who appeared to have a " method is his madness," bowed and departed. MURRAY V. KING AND Tarraxt,L. This case came before the Court upon demurrer. 24r. Murray'is endorsee of a bill of exchange for 4.1,300, drawn by Mr. Tuffnell upon Mr. John Tyr rell, and. endorsed by both defendants to the plaintiff. At the time when Mr. Murray gave value for the bill, he took as collateral security from Messrs:King and Tuffnell a bond, in the penal sum of £2;000, to be forfeit in case the note %ere not paid by Mr.Tyr rell within one month after the time of its becoming due. At the appointed day, the bill not being paid, Air. Murray declared for the forfeitare of his band ; but the defendants put, among other pleas, on the record,. first, that the bill had not been duly presented to Mr. Tyrrell; and second, that sufficient notice had not been given to the defendants of its dishonour. The replication alleged, in general terms, that the accept-. ance to the bill was not the signature of Mr. Tyrrell; but the two above-mentioned pleas were demureast to, and in that shape the matter now stood for decision. The COURT was of opinion that the words of the bond were imperative as to forfeiture in case Mr. Tyrrell should fail to pay within one month after the bill became due. Under those circumstances, the plaintiff was relieved both from presentation to the acceptor and from notice to the defendants. • Judgment (in demurrer) for the plaintiff. MURRAY U. EELISTON. This was the question between Mr. Murray, the bookseller, and Mr. Elliston, of Drurplane Theatre, as to the performance of Lord Byron 's Marine Fa hero. The matter came before the King's Bench in the form of a case directed by the Lord Chancellor, to try whether, for his performance of that tragedy; a.iy action could be maintained against Mr. Lihstou? On the case being called, Mr. ADOLPHUS sail that he was ready on the part of the defendant, but that he saw no t:ne on the part of Mr. Murray. The Loin CHIEF JUSTICE asked who appeared for the plaintiff? Mr. ADOLPHUS said that the case was signed by Mr. Shad well. LORD C 111 ErJusT tc F.—Perhaps the matteris settled. Mr. Anounus had received no intimation. The LORD C.I!'"F Jas•tvice.—You are to contend, Mr. Adolphus, that no action will lie for the per formance. Mr. ADOLPHUS was ready so to contend. No one appealing on the pit of Mr. Murray, the case was struck out. At the end of the day', leave was asked by the Attorney in the cause to re-enter it. RICHARDSON T. CAMPBELL The Court gave judgment in this important case. The question was, whether the transfer of a British registered ship, whilst abroad and at .ea, to a fo reigner, was void, for non-compliance with the Re gister Act, 34 Geo. 111. c. 68, s. 16, which requires that a copy of the bill of sale shall be delivered at the Custom•housc, within a rrasonable time after the sale. The Court were clearly of opinion that such) delivery was necessary, and held the sale in this caw to be void.—Judgment for the plaintiff. DOE TX DEM. SHEPHERD W. TOWNSEND. The question in tlits case was, whether a devise of lairds by a testator to trustees, first to erect a tomb to his own memory, and neat to keep in repair the tombs of his father and mother for ever, was void by the Statute of Mortmain, 43 Geo. 111. c.lOB, as being a devise to charitable Lists? Mr, MANLY argued that the devise ras void, and referred to several authorities in support of his as gument.—Mr. G. CROWS, contra, was stopt by The COURT, who were of opinion that the devise was not void in all events, as it respected tie .testa tor's own tomb, and in a Court of Law, as the re maining suf.jects of the trust were ancillary to the first, judgment must be given foy'the defendant. PJIILLIP3 V, BARRER. . This was an action on a policy of insurance on the ship —. The policy was fur one year. The cause was tried before Mr. Justice Ba.sT, at Guildhall,when a verdict was found fur the plaintiff on the first count of the declaration. By the words of the policy the ship was to be protected from all perils of the sea and in port, and from all other hurts and damages which might happen to her." The vessel sailed from England to St. John's (New Brunswick), and deli vered her cargo: afterwards she was put into a graving, or dry dock for repair, previous to her voy age homewards ; and on the 16th of October a vio lent storm arose, by which the ship was overturned in the dry dock, and much damaged. For this has the insured brought the present action against the underwriters. At the trial Mr. Justice BEST held " that, on the second count of the declaration, the plaintiff could not recover, as it alleged the loss to be by perils of the sea, which it was not. Mr. CAMPBELL, for the underwriters, now demur ' ied to the first count, which set out the manner in • which the accident happened ; which allegation, he contended, did not bring it nititin the risks protected by the policy. He cited the case of Thompson v. Whitmore, 3d Taunton, in support of his argument. ' The COURT, without hearing Mr. CHITTY, who was for the plaintiff, decided that there was no doubt the plaintiff ought to recover. The ship was pro tected by the policy in port and at sea,' and in a graving dock ; and the Court held this to be a sida. eient allegation that the ship ink in port.---Judg• ment for the plaintiff. • •.. GOOD V. SENIOR. Tbis was a bill of exceptions to the directions of Mr. Justice BATLEY in thit cause, in which a verdict was found for the plaintiff. Good and Benyon were linen-drapers and.partners in trade; during the mino rity of Benyon all the goods purchased were paid for, and there was no evidence to shew that after he came of age any goods were purchased: but no notice was ever given of a dissolution of partnership. The ques tion was, whether for debts incurred after he came of age Benyon was liable? Mr. LLTTLEDALE submitted that Benyon could not be liable; a contract into which he entered during his minority could not be binding upon him ; and, as the partnership was involved, there could be no oc casion formally to dissolve it. Mr. Justice BEST said that, in the case of Holmes v. Blogg, in the Bth Taunton, it had been held by the Court of Common Pleas, that an infant partner was bound to give public notice that he was not a partner any longer. Mr. PARKE, for the plaintiff, contended for Ben yon's liability. It was not because Benyon had en tered into a contract of partnership, and because a contract was presumed to continue till notice of its discontinuance, that Benyon was liable, but because he had held himself forth to the world as a partner, and to be accredited accordingly. It had been held that a man employing an agent. to make purchases for him, and afterwards dismissing that agent with out giving notice of his dismission, was liable for purchases _afterwards made by the agent without his authority. Mr. LITTLEDALE, in reply, insisted that the part nership having been altogether void, needed riot a formal notice of dissolution. The COURT thought that the partnership was void able but not void. Hewn had certainly been en- 1 gaged in partnership. On coming of age he left off dealing, but he gave no notice to the world that he had done so. A man might make himself liable as a partner without having been so either in law or in fact, as soon as be held himself forth to the world as a partner; and he continued liable if be omitted to give notice that he was a partner no longer. Judgment tor• the plaintiff.. COURT OF COMMON PLEAS, NOV. 2. MARTIN AND ANOTHER V. CHERRY AND•ANOTHER. The plaintiffs in this case were surgeons and apo thecaries, residing at 'Reygate, and sought to recover from the defendants, who are stage-coach proprietors, the sun of £27, the amount of medicines and surgi cal assistance rendered to a man of the nr.me of Gower, who had been the defendants coachman, and whose thigh had been broken in consequence of the coach which he was (Flying having been upset near Merton, in July, 18‘20. .When the accident occurred, the poor man was taken to a'puhlic-house in Merton, laid Mr. Martyr, happening to be there at the time, was called in to attend him. He remained there un til the following November, when he was removed to an Hospital, where, after suffering amputation of the limb, he died. It appealed on the part of the plaintiffs, that upon one occasion, while the deceased was at the public-house, one of the proprietors of the coach told bins Is not to fret, for that he should have everything he wanted :" :..tother of them sari to the Jandlord, when he expressed some anxiety to know who was to pay bim, that they (the proprietors) would pay him, and he might have money then if he wished ; and a third tot.' him not to let the deci-aied want for anit'aing. The landlord wa- accordingly paid the amount of his bill, and the plaintiffs brought this action for the amount of their s. Ills Lordship, in his charge to tile Jury, observed, that the law was now settled, that liability for the tine of a servant did not arise out of the relation of master ;tad servant : unless, therefore, they could here find an implied undertaking on the part. of the defendants to remunerate the plaintiffs, however their feelings of humanity might lead them to regret it, they should find a verdict for the defendants. It was, however, for them to say whether or not the expres- I sinus proved amounted to such an undertaking on their parts?—Verdict for the defendants. OLD •BA LEY. • Yesterday, Aim Davidson, a young girl only 17 years old, and of a very interesting appearance, was indicted for stealing, on the 6th of October, a silk shawl, lace, &c. the property of two persons named Thorn and Stevens. With the latter the prisoner lodged in Quebec-street, Portman.square. The pro secutrix gave the unfortunate girl an excellent cha racter up to the period of this transaction, and the fi lends and relations of the prosecutrix also bore tes timony to her good character. She seemed to have been actuated to the commission of this offence by the greatest distress. Two most respectable persons declared to the Court their willingness to receive the unhappy creature into the bosom of their families. The duty, after a short consideration, found the prisoner—Net During the whole of the trial the prisoner was weeping, and was so affected at her unfortunate situation that she was unable to stand. A chair was placed in the dock for her' accommodation.— Immediately the verdict was pronounced she was ordered to be discharged, and two Ladies who had interested themselves in her behalf, conducted her out of Court. Soon after two o'clock, the whole of the trials having been concluded, sentences were passed upon the prisoners. The following prisoners received sen tence of death : Joseph South, Edward HID, and John Sowerby, for uttering forged notes; James Eddows, Edward John Franklin, Samuel Hayward, and William Hicks, for burglary ; John Jacobs, William Grady, and John Lincli, fur highway robbery; Ann Morris, Mary Palmer, Amey Steele, Elizabeth Davies, Mary Ann Sullivan, and Ann Turner, for robbery ; Thomas French, for housebre aking ; Benjamin Abbot, for horse-stealing; and Williams Mars, for stealing in a dwelling-house. The following twelve prisoners, the principal part of whom were boys, were sentenced to transporta tion for life: John Waldron, Isaac Penn, John Smith, William Sawyer, j Thomas Harris, Charlotte Fletcher, James Benny, George Draper, Charlotte Smith, James Welsh, William George Lewes, and George Moore. Thomas Cook and Henry Drummond, were sentenced to transportation for 14 years. Twenty-eight prisoners were sentenced to transportation foe seven years, and 40 more were sentenced to imprisonment fur various periods. The greater part of the latter were ordered to receive either public or private whippings. 'The whole number of prisoners upon whom sets tences have been passed this Session is 101. It will be perceived that the punishments of transportatio s n for life have much increased, and those for 14 years greatly- diminished. This is partly owing to the very few'Bsesk cases which have been tried this §ession. as the punishment for the minor offence of having forged notes in the possession is transportation for 14 years. After the close of the Middlesex Sessions, there were no less than 161 prisoners discharged from the New Prison, Clerkenwell ; where 120 still remain. POLICE. Matcatotc-House.--Yesterday, three men were trrought before the LORD MAYOR, on a charge of having . uttered a bad sovereign, at the shop of Mr.l L. Honiton ' law-stationer, Chancery-lane. An Attor ney came forward and said one of the prisoners was a client of his, and that he had authorised the other to buy a Ss. law stamp.—As the defendants were not known to the Police officers, it was presumed they were not common utterers, and they were discharged with an admonition that the present case would be evidence against them if they should hereafter be de tected in similar practices.—There has lately been an extensive issue of bad sovereigns from Birmingham, which have been in circulation in . London about ten days. That offered by - one of the prisoners was of this coinage. They are vet y badly executed, the milling is clumsy, arid the letters indistinct. The head is also very different; and on the whole the counterfeit is easy of detection. The utterers, we are informed, pay ss. 6d. each for the counterfeits. RLBOROLIGII-STREET.—Yesterday, Thomas Bel cher, a respectable looking man, was charged with stealing fifteen wine glasses from the Egyptian Hall, Piccadilly, under the following circumstances : There was a choice collection of wines, the property of a Gmtleman of fortune, to be disposed of under the hammer of a respectable auctioneer. As* cus tomary on such occasions, there were samples of each wine in great abundance, and as usual there were more taster; than bidders. One of the waiters ob served that not only wine was missing, but glasses ; and a signal being given, there was an extra look out. The prisoner was observed to enjoy all the -wines and to [wicket all the glasses! He was walking. away from the auction room, when one of the waiters called him on one side, and reminded him that he had made a mistake in not leaving the glasses after he had drank the wine. A constable was sent for, and no less than fifteen glasses which he had emptied were found upon him. The defence was distress: the prisoner stated himself to have been a master hatter, in good business, at the East end of the town. He was fully committed for trial. MARY-LA-BONNE 0FF1CE......•TW0 children, bro. thers, were brought up from the watch-house for being found sleeping at the door of a tradesman's house, in Oxford -street, the preceding night. The poor fellows, on being placed at the bar, presented a most appalling sight, as they were without either hats or shoes, or scarcely anything to guard them from the inclemency of the weather, and apparently in a starving condition. After the watchman had made his complaint against them, the elder, about ten years old, in a flood of tears, stated that lie and his little brother were without relations or friends; and had, on the morning that they were taken, been discharged fi 'is the Sessions by proclamation, where they had been committed for stealing a piece of bacon; and having nu place to go to, and being very tired, they bad sat themselves down at the step of the door to rest,- and had fallen asleep. At the age of five years, he and his brother were obliged to seek a shelter where they could, on account of their father running away from them (at this time they lived in a small cottage in Ponland-gieen, Mary-la-bonne) and their mother died in Middlesex Hospital with a broken heart. They had since been outcasts, and wandered about the streets, living by pilfering what ever they could for sustenance; they now had no other means of supporting themselves. The affecting narrative, which was told in a very artless and dis tinct manner, drew tears from many of the females present, several of whom gave them some pecuniary assistance.—The Overseers of the Parish agreed to relieve the poor little lads, And the worthy Magis trate signified his intention of getting them into the Refuge for the Destitute, in Huston. Uti lON4I A LL.—Mary Maulky, a pretty looking girl, was charged by her own father and mother with pawniug various articles of wearing apparel, the pro perty of her mother and sister.—She was committed under the Pawnbrokers' Act to the Brixton House of Correction for a month. Yesterday a Gentleman got out of a one-horse chaise at the door of a house near the Obelisk, and entered the house without leaving some person at the horse's head. The animal took fright, galloped along Blackfriar's-road, and came in contact with a Gen tleman's carriage, the concussion was most violent, the shafts of the chaise were broke off, and the body dashed to pieces. The horse ran along the foot pave ment on one side of the Blackfriar's-road with the shafts attached to the harness ; two elderly females wete shockingly injured by being struck with the shafts. They were carried away in a state of insen sibility. The horse was stopped at the bridge with out doing further mischief. As Mr. S. SORRY, of Dean-street, accompanied by his friend Mr. BREINGBOROUGH, were returning to London from Twickenham in a single horse chaise, on Tuesday evening, the chaise was driven against the wheel of a coal cart in the King's-road, when travelling at a quick rate, and upset with a crush, which shattered it in pieces. Mr. SORRE, who was driving, was taken up in a senseless and hopeless state, and Mr. BENINGBOROUGH had his arm and collar bone broken. The late HARVEY ASTON associated much with the Royal Family, and, when he was going out to India, where he lost his life, the Kttro enjoined his% most affectionately, never more' to fight a duel. In the fatal meeting with Colonel ALLEN, HARVEY 4 TON was shot through the body and back-bone ; but, with the greatest firmness continued standing, his arm extended and pistol presented, for about a couple 'of minutes, and sensible that he had received his death, exclaiming—" It shall never be said that the last act of my life was an act' of revenge," gradually lowered his arm to his side, and sunk down for ever ! Some very extraordinary documents, respecting the latter days of King CHARLES IL have been lately found among the Records of the Herald's College. DUMFRIES, OCTO2ER So. 3 Between twelve and one on Saturday morning, 1 distressing accident occurred near the bottom of Bank. street, Dumfries s.Jostph Wilson and his wife, dealer, in fruit, &c. were returning home from Ecclefeclun Fair, w i t h . Wallace, re9iding in Mal:yell-town whose cart they had hired on the occasion. The ni , hi was verydark, and on the parties arriving wi t hin a few paces of the gentle declivity to the White ; an d ; by holding too much to the left, the horse and car, with the three individuals already named, were p re . cipitated over the parapet into the bed of the Nith . Of the two men, the carter was taken ur quite / le- 4 ,i ; but the other, Joseph Wilson, lingered till four o'cl oc k the same morning, when he also expired. p rom the situation she occupied in the cart, Mrs. Wilson was thrown farther into the river, and although merely bruised, and above knee-deep in water, s h e mat ab le to remain in an upright posture, and a t leaeth alarmed by her cries the watchman on &in- in NO. street. Mrs. Wilson is still in a very feeble state, though expected to recover. Sunday, a girl of fourteen years of age, of the name of Carruthers, was drowned in attempti:: ? , to cross the Williams-wath ford, On the aver Amin, This poor girl had gone from her master's hou s e, i n the parish of Dalton, for the purpose of visiting her father in Lockerby, and she was cautioned by l At mistress not to attempt the ford, and furnished with money to pay for the boat. This a,lrice she unions. nately disregarded; and althou:;11 slie met a per who had crossed the river on horseback, and wh o also pointed out the danger she would run in at . tempting to wade the water, the infatuated gill, nat believing this statement, waited till he Will out of sight, when she ventured into the river, and was speedily carried away. NEWGATE ao LitADENIIAI.I. MARKETS. Kota. (By the Carcase.) Beef ... 2s 4d to 35 4d I Veal .........35 Od to 4 $ Mutton..•. 2s 4d to 3 5 Od Pork ..35 0.1 to 34 sJ PRICES or HAY AND STRAW iRSTRRIia--- ST. JAMES ' S. H orts:coArn. Hay 31 3s Od to 41 4s Od I Hay... 31 lOs to 41 4s N Straw 1. is Od to 11 16s Od I Straw 11 its to II 44 W Clover 41 Os Od to SI Os Od Caterer 41 Os to SI Ss o 4 11137 RAC E. Kent Sussex 2l Os to 21 101 lissex Foreign PRICE OF Airs. NEW POCCIFTS. Kt•llt SLISM:X 21 les to 34 31 Farnham SOAP, &e. per MA.. Ditto rough ..... !Sr Yvllow Soap Mottled ... Curd Palm ...... ........ O. PRICE OF TALLOW, Town 'Fallow 4si lid Yellow Russia 4th Ot! White ditto Soap ditto - od Melting Stuff 19s od PRICE OF CANDLES--1 Candle!, per doz. roi allowed for i :rota Tallow Cbaudlers' [oulds, 1 is cd ; cd. per dozer» ready money. RAW I1I1)ES. Best Heifers and Steers (per Ordinary ... Os 0,1 to 2t 01l stone) 25 nd to 35 sd Market Call NOato Os Oa Middlings Os Od to as 01 Estg. Horse os of to Os 91 Sheepskins, 2s. GAL to 36. 3d.—Lambs, 2s. Od. to 3t. od. PRICE Ole LEATHER: Butts, SO to 361hs each 0 :4 to 94 polk Ditto, 56 to 661bs each ‘ , 041 to 21h Dressing hides 18d to 194 Fine (7oach Hides 20d to 414 Crop Hides, S 5 to 4olbs for cutting... .... lsd to I9d Ditto 45 to 501bs 14 to gi Calf Skins, 50 to 40Iba -401 to iSt Ditto 50 to 701bs iii to 3M Ditto 70 to itOlbs 244 to SSA Small Seals (Greenland) _ Isd to 194 Large ditto —d to —d Tanned (lone I fides l6d to 191 Spanish Horse hides VOd to 211 Ships at Market. 29k Newcastle S Sunderland 1 Yne.shire COAL MARK RT, Nov. 2. Ships Sold. Price: 20i 541 Od b Oil 4 40s 64 to 4.i 1 59. 6d to Okti COUNTRY MARKETS. Uxsaincr, Nov. I.—Wheat, per load, £l6 Os to &I tt- New Wheat, £8 to £lB o:—.—Barley, per quarter, Rio 50s.—Oats, IGs to 30s—Beaus, 26s to 58s-Itye, Peas, 31$ to 341. Nrwousy, Beaus, Nov. I.—Wheat, 24s to 810,--Boks 21s to 34s— Oats,7 17s to 33s—Beans, 28s to 42c—Prts,1 01 to 325.--Rye, Os to Os--Bread, Is 70 to Is 9ed per falls. Osreau Nov. I.—Wheat, 9s. 60. per bushel—ha 1 the Quartern Loaf, (wheaten) 11d. BANBURY, Nov. 1..--Wheat,4B. Od. to 10s. 6d.—Beans, d to Si 6d—Vetches, Os Od per bushel.—Barley, 20s to 40: Oats, 245 051 to 30s Od per quarter.—Bread,ls 104 half peck; Flour 655. per sack. SALISZULY, OCT. 30.—Wheat, 445. to 781 per qr.---Striel. 260 to 40s—Oats, 21s to 27$—Beans, 451 to 545. Drturs, Nov. I.—Wheat, 58s 6d to 42s od—Barky, Od to 40504—Oats, 20s Od to 55s Od—Buns, 20s Od t 0 2 4 .0 1. 760 Satls of Wheat sold at the average of 305. Ad. COURSE OF Amsterdam l2 14 C.F. Ditto at sight 12 11 Rotterdam... l2 15 2U. Antwerp, ez-mo 12 7 Hanaburgh... 37 10 2,} U. Altona 37 11 SiU. Paris, 3day's sight 25 60 U. Ditto 25 90 2U. Madrid, effective 38 Cadiz effect 56 BarcelOna Bilboa, effective 351 i:XCHANGE. ...... 35i Gibraltar .... • • 30k Leghorn 47 Genoa 43} Venice Ital. Liv 27 GO Malta Naples Palermo llB pH os Lisbon SO Rio Janeiro 47 Dublin Si C0rk....... 9 PRICES OF GM., Foreign Gold in Bars . New Doubloons D AND SIEVER. 3 17 14 0 0 0 0 4 91 New Dollars... ........... Silver, in bars, standard..,., 0 411 MARRIED. Oct. 80, at Harlow Church, Lieutenant-Colonel Joisys 4 the 86th Regiment, to Emma Julia, second daughterof Was Sims, Esq. of Hubert's Hall, Esse:. On the 22d ult. at tho Ambassador's Chapel, Paris, the de Gavedele-Gearing, to Eliza, widow of George Dein Lately, at Carlow, Richard Grant Stokes, Esq. Litotes.. his Majesty's 49th Regiment of Foot, to Afiss yen* • DIED. Oct. 18, at Belfast, Brevet Major Andrew Pallisen.d_t ile° 6th Royal Veteran Battalion, and formerly of the gilds Wl' •suu a • I Isbon 0 I F rance o I Hamburg!' 0 I Gottenburgh 0 Leeward islands 1 ; Jamoictt--i HI ti H. W ATER. at LON DON 0 RI °GE TO.:.108 KJ, Al i.rning - 58 minutes s he 0 - - A Its moon -28 -----_- 721:., MAILS =Hie DAY.—A IL ICDUZ. Dublin 0 0 Waterford 1 0 Guernsey and Jersey R . 0 Holland. 1 0 Flanders 0 0 Malta 0 0 N DON ; an 3 puhliisbrd l r zysi. hz.r,ria to klmx, Tznlplr-Bar. -T OR - TR S. Oct. 50, at Heworth, the wife of the Rev. John liodra a son. Oct. 27, at Durham, the. ady of Samuel Sproule, FAA° Member of the Medical Board, Bombay, of a - NI ...-- 'acd - T re atm tot! Sae' of and )list Pr"' PI yard T 1 Also Si Duti ashis and Poe and man 1 1. Edit By Pries 2. gal trail arcs M./ tbe of ger, the rem nu to 1 of 18 Fr 011