Star. — London, England, 1803-01-28 00:00:00

the ether to that nne Partner for that ptirp. - )C: N•Av tit A-c mt . /ling t.f ti.at kiitd utpcw:::. thii 1.04 EL L N BOROU(11; 14;,1, that th i s o , teiliw wax let entirely at tell in tire cafe of Ilatrifon al:, ktriliwtittli, in the Seventh Term Reports. Mr. ERSNINE fail, he did not Jr:i . nre die Rah of l ON', that one ITEM cannot bind anokite, by gatarn under teal, without a power of attorney for trat purpole, executed iin. a ice undtr feat, nor was lie prepared to fay, that one Partner could bind anyther without his leave, in any thin;; that w.ts not within the fair lcopc of the partnolirip ; but that lie could, as had been held in many initances, fo that the aa done u AS within the for lcope of. commerce. It would he extt timely di.lkult, and in Come cafes perhaps impcflible, E.) C.Ol y mi . .: in the coinmercial world, particularly in its p . el•ntif this were not fn. There was no r. (late, doubt upon earth that one partner might hire a chip on his own account, and jointly with Iris part ners ; and if he did not put his Peal to the Chat tcr party, no doubt his agreement to hire the (hip Nvculd be as binding on the other partners, as on the individual who entered into it. Now, the pre fent cafe was this i—One of the dar.ndants was rtident in England, and had executed a Charter. party of affreightment of a (hip for himfelf and the rca of the firm of the flotife, the other partners being abroad. On which the plaintiff was non-1 fuited, becaufe his Lordship held, that the Charter- • party was not binding; for being a deed under teal, one of the partners could nut execute it for the reit, unlefs he had a power of attorney from the refl. The only quellion was, Kit was a quef tion, how far a Charter party of affreightment, as an inflrument of mere commercial purpofes, could be conftdered as anexception to the general Rule of Law, which fay s, that one partner cannot by deed under teal bind another partner, unlefs ex prefsly empowed fo to do by deed alto under real? Lord ELL EN BOROUGH laid he ffiould be very glad in this cafe to make it an exception to that general rule, becaufe that would he very conve nient to commerce ; but after the decillun of the cafe of Harrifon and Ruffiworth, there could be no doubt upon it, for there was no dittinelion made on any account ; no man could bind another by deed under (Cal, - fur any purpofe, without efpecial fpecific power under foal for that purpofe from fuch perfon, except in the cafe of a Corporation, in which the common foal was binding on the body corporate. He was bound to fay this, becaufe in the cafe he had kill quoted, Lord likavoN, in giving judgment, had Paid, that there was no doubt upon the matter, that the point was refere ed more from the anxiety of the parties than from any difficulty in the quellion itfelf. There was no diftintlion in the prefent cafe from that which had been determined, except that the defendant here, who executed the Charter-party, had made an ad minion of the propriety of the deed, and Paid no advantage fhould be taken by their houfe ; but that could not vary the Rate of the fail, nor give him legal power where he had it not before. His Lordfhip Paid, Mr. ERWIN!, do you think you than be able to (hew a diftinelion in this cafe, be. canfe, if you do, you (hall have an opportunity ? Mr. Eas cies—My Lord, I have no great con• fidence in it. It teemed to be left to the diferetinn of the Learned Counfel, whether he would take a Rule or not. GLASEINGTON V. RAWLINGS AND ANOTHER. This was an adion at the fuit of Thomas P. Glaffington; againft Meas. Rawlings and Cox, the late Sheriffs of the County of Kiddtelex, for trefpafs and unjualy taking what were alledged to be the goods of the plaintiff, in an execution iffued againft the goods of a perfon of the name of Dickie s who carried on the hill:tiers of a Stationer near Exeter 'Change, in the Strand ; Glaffington alleJging that the goods belonged to him as Al. fignee of die eftate and aces of Dickie. The caufe was tried before Mr. Plaice LAWRENCE, at the Sittings after the lift. Term in WeitmLnflerhall, when the plaintiff was nnninited, becaufe it ap peared, in the apprchenfion of the Learned Judge, that the at of bankruptcy of Dickie WAS not proved. The at of bankruptcy relied on was that of Dickie having remained in Newgate t months for debt. He now moved this upon a point which ought to have (truck bim and his Learned Friends who were with him at the trial, namely, that Dickie adualli had lain two months in prifon for debt before the commiffion was lined, and that therefore the aft of bankruptcy was made nut in that refped. The fad, he laid, was, that Dickie was :melted on the 14th of Dauber, s Rot, and he commitllon did not itfue until the 9th of December following, which was 57 days, the one inchifive, and the other exclutive, and this was flifficicnt, for months in law are always lunar months, unlefs in cafes dated to the coatrary by flatute, and two lunar months were only 5i days, fu that upon this point the neinftlit was Mr Illake LAWRENCE laid, that althrinzli the proceeded on the evidence unthaviug made out that the party Lid lain in prifon two months at :Le time of ruin;; out the CumniiiTinn, the cafe preCen!cd di:Ficnitie to the Pl.ti;t.i ; one of tr•'m was, th it th-ro iv is n o t fafficient proof of the ana,unt of the Creditor', dcht, and that ::.tee bf a:t.+tltcr rc•:ti •n tor a it in fait. li.ovevi V. it this hul nce:l mi the be:ter court: v.sould Lf • grant a tucc tc. dies, C a:: Cc. Mr. GAP ROW f 11.,:t rn.t:ty 111;71 . 1, wnttl,.! rip `Tar r i t It ..;'tirt• 1...1;nrn 7. k•Atile n. to ;•e F... cr call the p.tt:;t . ul trl. ttt ur to rrt. ,- t.c c•at •;. , z t Tcry ;4 7 .1i .1., : . . t • ; titt,J • ''•a• I: • - 1•_ . :':• • •• CCil• 1' . 2. •••••• • ' • • • 1.. • 7 1 : ..• • n t.! ; • c —;.l:3L.i st.ii 1 tLL , F: . • r . , •.: . -Lrne ..c.t 1.. 1 tr ,!. y ~. r -R .I, laria.... .~ ~~J ; „ 4 . .2 SURREY SLSStONS. At the Surrey General Quarter Sell - tons an in dielment WAS tried preferred by William Jones, a Weidman, againil Mr. Perkins, 4* the Plough Inn and A ffembly-room am, for an afrault. The fait; that came out iu svidence were, that the prolccutor had fince his reit:knee at Clapham, bean necafionally emt loyed by Mr. Perkins to ' All the waiters on billy days; in the cnnrfe of firli employ, he unfortohattly became fulpetted nut having conduned liimlclf properly, and as a mild piiiiithment, was &fired never to come into the brute again ; Ihll, when he had wet a little in liquor, lie would came in, and when re• tics to he Dived with liquor, would become . y. the entitle of his ?lilts, Mr. Perkins ias ,:;lc: ricceility of putting him nut at the ,F.c , r, har•rig pro ktifly fet the whole hot& in an iivr..ar. Joue., as foi.n as he was put out, 1441, that was what was wanicil, And proceeded the lieu day to take the remedy that had brought the cafe before the Court. Thc. evidence of the profeetttor and his own v•i•n:.:fcs made out thi , , carc, Hi the addition of form! fortl;cr aggrzt..-ation givel to Mr. Perkins. The Ch..irman, Mr. StlllH, laid, he wilt Inrry J r4l fltemol come Court, and that er:dcs;cc ;:sla t!:e patties thoold l - ave ..:-anged ttatiooc. A., to the putting Jones it into the honk Alte.oly i s , ; . to •)tviny all the COT ! 1 .v : , y Lit 11. , ;:e and Lindlord was 1.1 ytutirL Lau puikalarly la the gentle way it was prayed Publican> were bound' by their recognizance to keep good order and decortio. in their bouces; and if the! were fu!•jed to be harraffed by indictments by every riot,.tic, troubk fume, drunken fellow, the were under the necellity of putting out, it wolth; be impoil;ble for them to keep their• boules in that order the law required." The cafe went to the Jury, who immediately returned a verdkl of—Not Guilty. THE KING V. HENRY PARKER, FOR AN ASSAU!.T. The prifoner retitled at Weybridge, in Surrey, where having been left a widower with three chit dren, he made overtures to a married woman at a public-houfe he frequented there, in which he was but too fuccefsful. In September Lift, the frail fair having reached the climax of folly, eloped with the prifoner, &It laying her hands on her hu(band's bureau, from whence the took away a handfome fum intended to be appropriated to the payment of the brewer and difliller. The lady wastirttmacd, the vacuum in the bureau was alfo foon difcovered, when the poor landlord, mad with his accumulated lotTes, caufed a purfuit to be made after the fugitives, and, on coming to their quarters, found them folacing themfelves at a country aleitoufe ; when, frantic with rage, he darted on his frail rib, principally direfting his attention to recover back as much of his miffing cat's as he could ; in that attempt her paramour refined him, and between them both he was very feverely beaten ; he was at length affifted, and the feducer taken into cultody. The Jury found him Guilty. The Court then palled lenience, that he be im prifoncd in the county gaol for two years, to pay a fine of rot. and at the expiration of that term to find furetics for his good behaviour for Seven years. NORWICH SESSIONS, JAN. 17. At the Seflions for this city on Friday laft, an extraordinary cafe occurred :—Robert Debfon was indiEted fur dealing a watch, the property of Mr. John Freeman. It appeared in evidence, that the profecutor had 101 l a watch out of a bureau in a garret, in which his fon and two apprentices flept, Tome time between the months of July 'and No vember laft. Oa its being miffed, application was made where it was probable it might be offered for fate, and, in confequence of an application, Mr. Levy produced a watch, which he had taken of Debfon in exchange; this watch was (worn to by Mr. Freeman, as be ing his property; Mr. Free• man, jun. and the two apprentices, (wore alfo to its being the watch loft by Mr. Freeman. In the defence it was proved by Mr. Springfield, pawnbroker, and his fon, that Debfon, to 1798, pawned this watch ; their book was produced, in which a full entry was made. " A flyer watch, Robert Debfon, maker's name James Topham, 845." A Mr. Codman (wore he fold this watch to Debfon about fix years back; he further proved, that he faw the fame watch in Debfon's poffeflion about thirteen mouths paft. Mr. Grand, attor ney, proved, that on Debfon's examination before the Mayor, he declared he had had that watch 'more than x years, and that he bought it of a Mr. Codman. Mr. Sly proved, by an entry in his book, that he repaired the fame watch for Cod. man's father.in.law, in Oa. ;796, previous to Codman's felling it to Debfon. Two other evi dences (wore to that identical watch being in the poffeffion of Debfon previous to the time the pro fecutor (wore to the lots of his watch. Mr. Coates proved the idling a watch, four years fince, to Mr. Freeman, which he laid was the watch he loft. Coates before felling it had it in his poffeffion three or four years; the watch produced he could not (wear was the watch he fold; the watch pawned by Debfon, of courfe, could not be the watch Coates fold to Freeman. Joined to this body of evidence, a very excellent charafter was given Debfon by feveral refpatable witneffes. The Jury returned a verdict of—Acquittal, to the fatisfaltion of a crowded Court. Debfon is reprefented to he a ihuttle•maker, in Winds for himfeif, a married mail, the father of a family, and a religious, honeft, and induarious man. At thefe SefEons came nn an appeal againß a poor rate, in which the Norwich Flour Company were appellants, and the City of Norwich refpon dents. Mr. Matsu, Comic' for the former, Rated the cafe on behalf of the Company ; he laid, that a novel attempt had been introduced into the prac tice of afreffment in this City, which it was the obje& of this appeal to refill : the appellants were rated more than double the value of their premi les, on account of certain engines employed in their manufa&ory, which they had placed in the buildings they had purchafed. Mr. M. laid, he was aware that the cafe of St. Nicholas, Clotted . - ter, might prima facie, appear againft him; there the rate was made upon the increafed value of certain buildings, in which carding machines had been put up; but in that cafe the machines had been leafed with the buildings, and confidered in the of iginal contra& between landlord and tenant; here they were fimerinduced and collateral to the lands, which had been before rated according to ! the old principle of alfelrment. He urged a va• riety of topics, and adverted to the dangerous precedent of confirming a rate like the prefent, which might operate as a check upon indullry, ar.d difeourage the inventions which the ingenuity of man was perpetually making in the prbfent Rate of fociety, for the abridgment of labour. On the other fide, Mr. MILTON cited the cafe of St. Nicholas,Gloucelite, wkich tbe Court thought direfily in point, and confirmed the "ate. SEQUESTRATIONS, /cc. AN SCOTLAMb. Jarnes Wilton, thither, Edinburgh.—Credit.r. tura 10 John's Coffrehnufe, 9th Ftb. at s o'cludi to decide on of kr of cuts- Peter t:raig a^d Co. aterehast s.Pailley—Credlt ors meet in Orr's tavern, I)th Jan. 3 o'clock. on matters otimportinee. I inlay lault.nlea chant, Perth. to lac csamined aa hheriff's Court ron7 , Perth, rtl and 13th Feb. s t o'clock.--Creliturs meet le's ii:n 37th F-b. Cans; boar, to inftradt smart.— t.. made by Bth °Roby . . . _ . Jun. Merchant, Dundee, to be examined in t 2n4 2,1 d Fa,. a I o'cloek.--Credstors t In Morten', inn. Dundee, 24th Feb. t z &dock, to lil t Qt it .4.-4... ioas vibe made by sstb Sept r. , !VlDn!sitYl. 7,', !`. .Atl,r, Sorm.tretthb'e,, An pl cc prr, deater lud calargn.r. , acd Liao 11,n, nierton. I•. 5. (Liver Freticrici Stneken the r ung,., late . f . radon's Fulham, N1i,1 : 114.-z, wal-Inert;ant, ckap. . . . . ni..:t, t: ten, at ( :u:ki:.,;ll. . . Fcb. 5. Ilich.:l.l Bl4.lmore, of the Colonade, near t!.., Fottlia• I:n•• li , fninl. paum r an I glazier, at twelve, at Cullhall. Fcb. 8. John lirmy Ilmni;;tt, James Erown..s, ar‘l Francis trowne, of the Ohl I,w-y London, venne aterat•nta and p.m taas, at m.c, at Gui!tlikAll. Fel). tt. jaws Jr chion, of Maneltefter, muffin-manufadares, at e!, vel,, at the Star Inn, Maim:idler. Fib. to. John T.iibby, Lte of Delorough, Northamptonthirs butcher, at eleven, at the Swaim Inn, Market I larkurough. Feb. 12. Edward Fields and William Robittion, of Hentiettas itrect, Covent-Garden, linen-dr,:pcts and copartners, at ten, at GuildbalL Feb. t S. George Cawthorn, of the Strand, booltfater, at owe, at t,uildball. Fcl). 19....8arah Beaton, of I" . coril..Somcrfetfhirc, Itaherdather and mill ner, at eleven, at (:141 lull, l.m.mrt. ra, 8. Williaml.udby, of Pen, urtli, Su [Tex, l i pL ceper, at . _ one, at Guildhall. London. l'cb. t 2. Andrew Paul Poona! F and Andr w Clan,7e Pour. taks, of Bread-ltr.:et Loodua, mer,laa,..., and C.A. partners, at twelve, at Guildhall Feb. ta. Geor;e Riley, late of the Old London. but now of the Lo: dos-road, .inuthwa:. - k,Surre), to Harr, and chapman, at twelve, at Guildh !11. Feb. 19. William Bliallorn and )‘.ho Mufarave, of Folter. lane, Cheaplide, merchants, weavers, p.,rtntrs, at elcaes, at Gandhi 1. Fib. 11. Richard Thorn and Abraham grael Nont-a, of Go& well-Brett-Road, Ik/indicter, tanners a:sd ei partnen, at twelve, at Guildhall. Feb. it. Thuni.is I.esvar, of Manchefter.cottou-manuladtatrer s at stereo, at the Bridgewater Arm , , r. Feb. 28. William Trcinirtt, of TOt nr, Devonildr,thopkekper,, at four, at the Gla:ia Tavern, Ea, Fab. 14. William Cochran. of I.iver2.iol, merchant, at three, at the Bridgewater Arnta. .7ktmehefkr. Feb. ts. jaßltllnglith K,iglity, 1 inlay Fertyunixt, and William* Arnittrong, of Loudon, userch •uts atineapartners,at eleven, at Guildhall. Feb. a 6. The nag Hayman, of the OliCity Chantbrrs, Biltep4 gate-t reet, London, merchant, at to at Gu.11,1•,!. MARRILD. • At Hoaftoun, nn Mouthy re ntnitht,Mr.Tintomfon,of Wand f ,otlidd, to Alifs Monteith, (laughter of the “te Rcv. Mr. Juke Monteith, minifier of Hong • un. .... _ • On the 13th init. at Liverpool, Mr. Willhm Keyway Bay. Icy, of London, to Mil> Ruffen, of that town, daughter of tlas late John Rued], Efq. of Clarcndon, Jamaica. On thelirth loft. at Stafford, E. Clarke, Efq. of Stafford, to Mils Cope, daughter of the late Mr. John Cop., t f Liverpool. At Eccles, Mr. Pickfton, of Crt.do-Bank. to MiCs liadtriaa, of Burton, near Manchefter. At Limerick, Robert Roger, Efq. merchant, to Mift Rola daughter of the late Wm. Ruffen, l.fq. DIED. On Thug.lay, the yothult at Stoke Doyle, in Northampton. thin, in the ant year of his ow, after in months heavy Alio. Lion, which be bore wits treat tomb ude, Mr. William Lucas Capron, eldeft fon of Mr. nom* Capron, late of the town et Northampton. On Satut diy Lit , at his moms in Trinity College, Cambridge, • h the 19th year ot his age, Edmund Parry, Efq. only fon of Ed.. ward Parry, Efq. one of the Discaors of the Eaft India Cum. puny, of a (cadet fever. Friday tilt, in the =4th year of her age, Mrs. Edwards, will of Thomas Edwards, Efq. of Wappng. Lately, at Macclesfield, Mr. Samuel Goodwin, many Ten. one of the proprietors of the coaches between MaDebeller and London. His death was awfully rut:den—shaving retired to reit, apparently in good health, the preceding n.gbt, and in the morning was found in that Rate to which we mutt all rower or later return. It is a remarkable hie that an old wake, of Mr. Goodwin's, who had long and fa itqully ferred him in yob lie life, when an Innkeeper, named Joreph, has of ten,in a forte, prefentiment, declared, that to tale kis own phrafe, " what hie matter dled,he would die too," and ftrange to ray, the poor old man only furvised his nutter me day. On Wednefday, Mager Houg 'atm, GM of G. A. Arneld,Efc of Hatted Platte, Kent. On the sift init. at his Vicarage at Clyro, South Wellman Rev. Edward Edwards, Archdeacon of Brecon. At Nithbank, Mr. George Dickfoo, young& fon of David Dickfm, Efq. • -- - - At Dumfries, Mrs. Finnan, raid of the Rev. Mr. Mom, mini (ter of Irongray. At Appleti th, the Rte. Mr. Robert Little, toloifteref thee parlor. Lately, et Over Newton, Mrs. Mary Goer, wife of Mr. R Viric Craig. At Ohl -coots, ow Skibberees, Redmonde Uslache, EA" HIGH 'WATER AT LONDON BRIDGE 'TO-WORROIV Morning . • .. •. • 3 minutes after 6 Afternoon WHEN Profetlional Men of education and re. fponillsility deviate from the general fyftem by the Co. ledion of a peculiar Branch, the fsoction of law continual (needs Is the heft criterion of foperieriry. Tat years base I devoted my pradice to the cischtlive nose. man of THREE DISORDI:RS, and the faced' trot refute et my plan glves me additional ardour to oppofe as far as I am able the ravages of thole complaints which are the meft inspera• ant in the catalogue of human infirmities. After Initiation Into every branch as an Army Surgeon, f formei a with at an early period of Praelice to refeueiniivids als from the Dance of une4ocated Men, or the equally dal. gcraus precipitancy of general Praditionen. ' The THREE DISORDLRS, to the cure nfwhl.h I have de. voted my attention, comprise every (pecks of efENEREAL INFECTION, whether a recent or long duratinu.—sdly. AS kinds of DEBILITY, whether ar!ing front the habits et Schoolboys, er the indulgence of mat Is re age, and lathy that de• rargement of the fyftem in Women which i.called BARRE*. NES:I or STERILITY. Numerals& difeafcs are the refute of iinoranee or haft is thit treatment n 1 a Ample Gonurrhea. and it not iinfrtip.sntly hop. pees that the feels of Life are poi Coned bythe indifervion td se unguarded hour. By a fuperior method fuch complaint. ama eatily cured, and even where others have frik,:, I trait that.! may prefume to offer a radical re.eitabilihroret. Feiv, however, are tbr cafes of complicated diArefs Nos dirt rder, compared with the calamitous comp licated of Men, wio from indulgence In a SOLITARY VICE, or the prerakitt G.iictles of a falhionable Life, acquire that lime of Debility bids is the unavoidable conrcquence of fueb pernicious habits- Where the unhappy (offerer broods over his r but care. fully coacc o, Li s misfortune, it may be font. confolation for him to knew, that alttiongh it be an oiled of dot. • or uncer tainty with other Praaluontri, the rants's' of •` e ft DEFI CIENCIES by tbc gradual progrds of renovation is Curacqnire - niett of toy experience. If the rites 4,( Beech: nor Venu, begirt to reduce mvly viz , mr, much anxiety will be pn:vestted by an curly counteraction of this Lrguid Rate, and he there cies an Lreat difficulties will occur. Bo: where this deficiency has for Tears csilt7d. a prersetv Pcrfevcrance is is ilifiietifibly rcquifite to revive the garabeting (parks of Life, and to re-aniniac the ia ion. MARIUEI) WOMEN, who have bc. n diftppninted in their ermelations of a Family, may he 014( . 4,1, that la elloa inaances flub deice!' are cura!dc by A ledical :11•11ECRECY which is fo y1'1,116,11 to mysindertah In, and the gyalificatiths whieh I have rr..fumied to (tate, form tie Bafituf my Evi.tenfions, and in cviazi.l.:tlce w;•i, Nat this , issition is &so, that Mr. SAFE may be cmfuhed perfemally (or by letters iM.lnfitsi a fmall note) at his houft , No. z9,Artua. del•Rrret, Strand, near Tempitt-t There is an additional entrance in Wake-Brett atijoittiai and thr mimr is on both the doors. !iron wliisli fire mo.v.:sl it, namely, that the by the Plaintiff at the !aft Vote If ues , seas c ontrary to the preponderance of evi• knee, and that d Ellenhorough had at the time rci"siisd to admit certain records as evidence, which crmccived ought to have been admitted. The nesiSsojeant pi incipally direned his argument to prove that there was a vaft 'preponderance of evidence on the fide of the Defendatt. By Lord Ellenborough's report of the ti ial, which was read yellerday, it appeared that this was ;in ejectment brought by the Duke of Norfolk, as truce to the late Lord Petre, (who was Lord of the Manor of Hint ini,) againß the alendant, who is Lord of the Manor of NI kin, for a piece of ground ia. chifed by the Defendant from a:large moor, which seas in common to both Manors, called Mafpin Moor. There was a great deal of evidence pro duced on bath ides, as to a.ls of ownerlhip of the foil ; but the Learned Serieant contended that the a‘fts done by the Manor of Birkin, which the De fendant reptelented, were infinitely fuperior to thole proved on the part of the Plaintiff. It ap peared, from the evidence, that the tenants of the Defendant's Manor had been accullumed, from time immemorial, to turn their cattle upon Mal pin Mon r. It was in evidence, that for more than a cebtury there have been regular bridges from the inclofures on.the Defendant's Manor to this Moor ; it was alio proved, that there now exills a railed bank, or ram, (as it is called in York hire) which tradition fays was railed by the people of the Defendant's Manor as a boundary, and which exifls to the prefent day. The Defendant's wit ;ldles all agreed, that this bank or cam was always reputed the boundary againft thofe fubffantial ails of ownerff.ip on the part of the Defendant ; he confidered that hardly any thing was oppofed on the part of the Plaintiff, except that the people of Hilham had been accuflomed to drive and im pound the cattle on the whole Moor, particularly at the time of an annual fell? they held at Whitfun tide. As for thefe drivings, however, it might as well be confidered a drunken frofic of a lawlefs rab ble, as a deliberate a£t of ownerthip ; the faEl was, that the cattle fo driven and impounded were releafed at fo cab a rate, that it was hardly worth the while of any farmer to refift it. A few pence was ufually the price of difcbarge. The Learned Ser. jeant then contended, that thole driving: of the common, which had been mainly relied upon by the Plaintiff, were very flight evidence of owner fhip of the foil, in comparifon to thole weighty and important aits of ownerihip he had Rated on the part of the Defendant. Mr. Houtoro, on the fame fide, dwelt entirely on the point of Lord Ellenborough's having re jeCted at the trial written evidence, which he ar- ' gued very powerfully ought by law to have been received. Mr. PARK, on the part of the Plaintiff, replied aril to this point made by Mr. Holroyd. and con tended that this evidence was inadmiffible. He was proceeding to the other ( i gnition, the prepon derance of evidence, when he was Rope by the Court, who were unanimoufly of opinion that there was not fuch a preponderance as would juf tify the Court in letting afide the verdiet of the Jury. The Court were alfo unanimoufly of opi nion, that the written evidence which Lord Ellen borough rejefted he was bound to rejeet (inafmuch as it was tendered to him in a Rage of the caufe when it was inadmiflible). As to the other point, the preponderance of evidence, the Judges 'gave their opinion on that with Come fbades of diffe rence. Lord EL L ENEOROUGH was Pill of opinion that the drivings of the Common uninterruptedly on the fide of the Manor which the Plaintiff reprefents, and never by the Manor which the Defendant re prefents, amounted to a proof of ownerfhip fupe rior to what the Defendant advanced; he there fore thought the finding of the Jury right on this point. The other three judges, Sir NASA GROSE, Mr. Jußice LAWIENCE g and Sir S. Lc BLAN C, were' of opinion, that as to the merit:, there was a great deal of evidence on tab fides, and that perhaps it was dout:ful on which fide the weight of evidence was ; but that certainly it was not fo preponderant on either fide as to allow the Court to let afide the verdk't of a Jury. Sir SIMON Le BLANC laid, he was not prepared to pronounce that the weight of evidence was againa the verdiSt, but certainly there was not that great preponderance of evidence againft it, which would allow the Court to let it afide. He concluded by obreiving, that it would not be much to the pre judice of the patties to try it again by a frrlh yea went —The rule was difcl n srged. , M. I.:REE, hlember of the Royal Caere of Surgeons. LONDON: Printed for the Proprietors, by JOHN DA NUM. (cf Maider:lane, COVeRt-C3tdell) at the STAR PAINT' Kfl.. Orrice, Nn. t , Carr;-ttrect; and retilitticel by LEVEL, KEN l',of Lanterbur4lace.Landictli )at No. t.Carer-arrti and at the S t a-Orriee, Tempi( -rar ; to %Lich Mike id conrouoisatkoas tot the Loss ea 314. T1.1%.4.ti0d to be AL:raid