Star. — London, England, 1810-08-17 00:00:00

NJvAL ifflPEALlcEities. LAW INritmonrcif. . .. . . , . . . PLYMOUTH, AUGUST 15. COURT OF CHANCERY; AitTOUSTII. Arrived the ORESTES sloop of war from- a eruize The Lady who attended in Court yesterday, for off say ; and two American ships, with cargoes of the purpose of having £4OOO Stock transferred from / j e t, flour and cocoa. Passed up Channel the Morn- her own name into that of her husband, but the fur. ing Star, LEDGER, from Senegal, which place she ther proceeding in which, at that time, the Lord lett the 10th of July. .. Chancellor prevented, in consequence of observing The follovr;,,fr i s a li st o r the ships In commission that the Solicitor was prompting the Lady in the remaining at b , port, Corrected to this evening : answers she should give, gaihavingn appeared in Court The caledonia, of 120 guns ; Scipion, 80 ; Alfred, Armada, to-day, for the purpose of and Mgesiras (Spanish) of 74 guns each : President, Pnetunee, completed. The Lord Chancellor called her up to p ru ne, Aannon, and St. Carlo' (the latter a Portuguese) frigates; the place where his Secretary sits, and having ex 8144, Favourite. Orestes, Cusack,. Sapphire , and Hawk, sloops ; plained to her the reason why he gave her the trouble f fl o n und, Mariner, Ei hera, Helicon, and .. G oldfinch brigs of war; .- . or again attending to-day, stated - that it was his duty Fancy breed cutter ; Neptune (1), and Cecilia tenders. HALF.PAST Fiva P.M. —lt blows a violent gale at to inform her, that the property of th e S toc k i n ques lion was at present entirely a t h er own di sposa l.— vr. N. 'W. and a signal hat been made that there is a He, therefore, cautioned her to refl ec t we ll b e f ore ship in distress in the offing. The ORESTES got under rei! ,l l to go to her assistance , but was forced back she gave her sanction to the present transfer, which she must know was irrevocable. If she should at any again. future period repent of it, and apply to his Lordship, The PHEASANT sloop of war has this instant. arri. he could not interfere so as to afford her the smallest Ted, with a Dock-yard lumper, from Falmouth ; and relief. She must make up her mind, therefore, while the DEPTFoRP ;,nder, which sailed hence for Water- it was in her power. f or d ,m Thursday last, has pat hack, with the loss of ' The Lady expressed her entire concurrence in the her 110.% sprit and other damage, which she sustained transfer, which accordingly received the sanction of in a gale.. _ ' the Court. - - The A Low aAs, Spanish 74, is getting under weigh for Portsmouth, hut I do not apprehend she will clear the found and Bay to-night, unless the gale abates. PORTSMOUTH, AUGUST 16. Arrived his Majesty's ships Dowlntoat, and RE.. egNott, from off Cherbourg ; VIMIERA gun-brig, from the Leeward Wands ; Algesiras, Spanish man of war, from Plymouth. His Majesty's ship NEREUS is appointed convoy for the Brazils.—Wind W. DEAL, „AUGUST 16. Arrived the Phoenix, TAYLQR, from Jamaica.— Sailed his Majesty's ships OwEN GLENnowett and Au nActr,us, the former for Plymouth, and he lattert for Portsmouth. Five o'Clock.— Several coasters are getting under weigh. The convoy and running ships will not at tempt to get their anchors to-night unless the wind gets more east—it is now N. W. FROM LLOYD'S LIST. GRAVESEND, Auctsr 16.—N0 arrivals. Sailed the Rising States Jetmings, for Virginia; Conjuror, Cooke, for Gibraltar; Catherine, Wigley, and Sutton. Pyatt, for Lisbon ; and the Com m,,dare Prebble, Inglee, f or New York. The following vessels were taken off the Naze of Norway, the 19th ult. and carried into Christiansand by five Danish brigs and two schooners : The Hope. Rea ; Polly, Greaves ; Sephila, Elizabeth, Campbell : Eliza, David; Eliza, entire; Minerva, Jackson; Vc. luntet r, Leach; Mary, Ropes; Rebecca, Meek ; Iris, Russell; Annowan, Donaldson ; Janus, Yawn ; Hesper, Cushing ; Hope, Meek; an Vermont Nichols, Americans: and the Maria, Liee berg; August, Knape; General Wrangle, Olsen ; Btudy Limas, LIABILITY OF ASSIGNEES APPROPRIATING TO THEIR OWN PURPOSES THE PROPERTY OF THE BANKRUPTS. In the course of some proceedings in a Bank'upt Petition, The LORD CHANCELLOR took occasion, without any reference to that particular case, to warn As signees and others concerned in the administration of the property of bankrupts, that as the law now stood, Assignees employing the funds of bankrupt estates entrusted to their care, for their own purposes, or in any respect to their own private advantage, were chargeable with interest on all sums so misapplied by them, at the rate of Twenty per Cent. He wished this to be generally known ; and also, that when any instance of the kind was brought under the cognizance of the Court, he should feel himself bound to give to the law its full effect. EXPARTE DONOVAN IN THE MATTER OF KENNETT. This was an application in the Bankruptcy of Robert Kennett, a charatter of some notoriety. The Petition embraced an immense variety of matter, and went to affect different parties, some of whom were only inter• ; ested in a single transaction out of the vast multitude detailed in the Petition. After hearing Mr. HART at great length, in support of the Petition, . The LORD CHANCELL3R declared it to be his opi. nion, that it was so multifarious in its nature that it could not possibly he entertained in its present shape, as against the persons with respect to whom in one solit4ry transaction of some magnitude, re was son: 'lt. Had relief he.'n song - ht.' in such ,oght. a case, by Bill, it must immedi itely have been dis missed, on account °t its multifarious nature. His Lordship was bound to pursue a similar line of ptoceeding in a Petition s% here 9.loths of the mat ter was inapplicable to the charge made against the individual party, and he, of course must, in de• fending himself,be expowd t.) nine times more expence than he ought regularly to incur. His Lou dship, there fore, must, as to this Party, dismiss the Petition with costs; without prejudice to an amended Petition on that specific point. The Petition, however, it was agreed should lie over, generally. Bailie-; th..ot Schurz ; Elizabeth, Anderson ; Cat harina an d Frederica, Yanm ; Amyl on, Wheintropp ; Courier, Leitzow ; Jag Frzw Muria and I o , •.-h ea. Glasmeyer ; Copernicus, Hid. dCurat.tlz ; Sucre's, Stu , .feldz ; Johannes, Watt ; Helina. Kt ate ; Chat lir ta ant; Carlema. Odra ; Margaretta, Redman ; Baltazar, Wi?barus ; ranee, Ulrechs ; Solide, Beck ; Conjunction, Wash sn::.rz ; ('ens, Wermau ; Frederica, Matson ; I,ouisa, Jozeth ; Mari?, Zomon ; Maria Sophia, Rubarth ; Fortune, Holztlin ; Arcthe, Folhert ; Anna Margaretta, Smidt ; Jong Frau F retie. stcl, Janson ; Jul:a, Othen ; Eliza, Mosely ; and Clershe, Jasser. --lot ,1 iii, from the Baltic and Gottenburgb. ARRIVALS. In the Rivers tke Treseom, Bayree, and the Star, Goodvie, front Grenada ; the Cato, Napier, and the Surrey, Gardner, from St. Vincent's; and the Eagle, Charter, front St. Croix for Lon don —At Liverpool : the George and Thomas, from Anti. gua—[The glove are pars o f Me Leeward lsland Fleet Altherto sow *plata 1 for.)—Also arrived at Liverpool, the Argo, ---. from Jamaica; and the Hero, Orphal, from Valta.—At Bristol: the 1 Elizabeth, --' from Hayti; Caledonia, —, from Quebec; I -- Seri*, from Alicant ; Standfast. Sands, from Barbados ;l • HUNTINGDON (LAMMAS), AUGUST IS. Pilgrim, Twill, from St. Kitt's ; Rosetta, Scarth, from St. Vin. I A very important cause was tried at these Assizes cent •; Collina, Pme, from Grenada; Pilot,late Marshall, from b e f o r e .. . • .. and e •. i T which Mr. Justice HEATH a apeciar Jury, . Tobsco; RachaLl, Bell, from Nevis; awl the Calypso. Wright, from New Brunswick.—At Milford, with damage, the George, when ultimately decided, will be of the utmost cense- Jackson, from Virginia; and the Vivi. ' Clark, trom Fayal.—At qiience to every occupier of mills subsisting upon the Falmouth, Mary Ann, Cobb, from Palermq. —A: Plymouth. the different streams in the country. John, Davis, from Teneriffe; and Retaliation, Williston, from brought b 0 The action was y wsley Rowley, Esq. Saloe.—ln the Downs, the Aimwell, Proctor, from Guadaloupe; and Britannia, —, from Lisbon.--in the Clyde : the Grenada, as possessor of certain adjacent meadows, against the aeurge, from G rena d a; t h e E vert h orpe , M'A rt h ur, f rom S t. occupiers o f S a i nt N 2ot ' s P aper - m ill s , - i n this county, Vincent's; Mary, Stocks, from New Brunswick; Rising States, fo r not repairing certain piling and banks near the —, from Penobscou ; Mary, Mnirhead, from Pictou ; Mary, fl oo d gates a b utt i ng upon t h ose mea d ows , an d for keep- Htwell, from Queb ec ; an d William Penn, —, from Virginia. —At Dublin, the IJnion, Willey, from St. Croix ; and Cumber- ing so great a head of water fot working the mills land, Ttueman, from Portland.—At Cork, the Johanna, Bays, that the overplus of waste waters was diverted down from London ; Boa Vi nts , —, f rom S t . Üb e ' s; t h e U n i on , the back stream runn i ng b etween t h e meadows to the Hayes, and Barbadoes, Keep, from Barbadoes ; Ann, Edwards, • • of tine i injury plaintiff. front Trinidad; sad the Hope, Flinn, from Guadaloupe. It appeared upon the trial, the mills and the mea- A letter has been received from the Captain of the' Clarendon, of H u ll, d ate d M onte Vi de o, J une 8, which tow were formerly the property of distinct persons, but by purchase were become the property of the mentions that they had experienced a very heavy gale, acid were plaintiff, who, thus possessed of both ' estates, had when fou r s hip s d rove f rom t h e i r anc h ors , a let the mill by lease, for a term of thirty-one years lost. The Clarendon drove with two anchors ahead, to thc defendants, whim he bound to lay out the sum and did not bring up until the sheet-anchor was let go. of £4OOO. The Gadamouche, Baitston, from the Cape of Good , The great questions in the -cause were whether cer- Hope and St. Helena; and the Owen, Lindsey, have ; tain repairs of the piling and banks of the meadow arrived in the Downs. ' below the floodgates of the back water-stream of the Tert.ox FLEET.—The following is an extract of a mill ought to be repaired by the pleintiff as possessed letter from an Officer on board one of his Majesty's of the meadow, or by the defendants, as tenants ,of ships cruizing off Toulon, dated July 9, 1810: • the mills ? And whether the defendants, by their:. " Six or seven sail of the enemy's line com e out ever y day, but manner of working the mills (tbus bowl,l to be .crec t-. soon •as our in-shore squadron give them chase they immedi- ted by the defendants) did. not keep up too great a ately tun in aga i n. Seven sail were out to-day ; our signal was . made for a genera l c h ase, an d b a d the w i n d cont i nue d f ou l f or head of water ?• their return for an hour and a half, we should have been able to The evidence on the part of the plaintiff stated, rine then, to action. The French fleet consists of three ships of that the injury done to the banks of the plaintiff's o _2o , guns, nine of 74, s i x o f 44, two o f SG, one o f 20, an d a store- meadow was occasioned by the flowing of water el up mon-ling SO. In the inner harbour there are : one of ISO, h just la unched, two of 80, one of 74, a Russian corvette, and seve ral anal e r vessels —Admiral the increased head of water Gantheaume, who was Comma's. cessary ; occasioned by dn .- in-Chic', is gone to Paris." I which the plaintiff alledged was kept up at the mills. • By a letter from an Officer in the late Chinese fleet On the part of the defendants, the evidence stated, we learn, that the piracies committed by the Ladrones that only a proper head was kept, and that it was ' on the coast of China, which some years ago were impossible that the injury complained of by the plain very inconsiderable, have now become seriously alarm- , tiff could have arisen from any mismanagement at ing to the Chinese Government. Some years ago they the mills, it being proved that every possible pains were trifling in their number and power, but there are were taken that the head should be kept an uniform now near 2000 vessels from the Ladrone Islands, solely height ; and that men were alternately employed by employed in acts of piracy on these coasts, and up the the defendants every 24 hours to watch the state of rivers, on which they commit every species of depre- the water, and whenever the water . rose above the dation, plu n d er i ng an d b urn i ng v ill ages . Th e f orce ' usual water-mark, to draw it off by the proper gates, of these vessels is from 20 to SO guns, and some of and that such water-mark did not exceed the height them with between 2 and 301Yenen. They sail in fleets of that of the preceding tenant. of an hundred, and sometimes of several hundred sail. i The plaintiff had laid out £15125. 9d. in repairing And there is nothing in the feeble Government of , the banks and piling, but in his action he laid his da- China to resist their attacks. They have even threaten- I, mages at £5OO. ed to pay a visit to Canton. It is this which calls for I Mr. Serjeant PEcKWELL and Mr. STORKS, Counsel the attention of the British Government ; for an attack for the defendants, took an objection to the nature of on a place in which there is deposited so much Eng. de action, on the following grounds : first, that as lish property, and for which during the absence of i tl - e defendants were lessors of the plaintiff, he should our Indiamen, there would be no adequate defence. have brought his action on the covenant to replair in The menaces of this most formidable and dreaded that capacity ; and not as possessor or occupier of enemy may also bring the Chinese Government to a the meadows :—secondly, that the present action, sense of the obligations they may owe Great Britain. ' which was an action on the case, could not be so ASSIZES. Illtintained at the suit of the plaintiff against the de. fondants, as a Common Law remedy. - The Judge appeared of this opinion, and conse quently reserved the point for the judgment of . the Court of King's Bench next Michaelmas Term ; and his Lordship, in sum Ming up, stated the expensive terms stipulated by the plaintiff upon the defendants, in obliging them to lay out so many thousand pounds on the plaintiff's own estate; and that whatever might have been the usage in former repairs, yet it had been shewn in evidence that the improvements which the plaintiff had (beneficially to hitnself) imposed upon the defendants in erecting Stich extensive works, mast necessarily require the use of more water, and should it therefore ultimately be determined the plaintiff might be liable to any small damag es pensioned by a larger head of w ater , h e must an d ought to be con tented to pay for a little occasional damage, when he had by his lease required itiipmvements to the ex tent of so many thousand pounds from the defen dants ; that if the plaintiff expected such enormous improvements, it was unreasonable he should recover in this case, and therefore he should reserve the point of law. The Jury found a verdict for the Plaintiff, for sels 12s. 9J. the amount of the repairs ; and as the Judge reserved the point of law, consequently the cause will not ultimately be decided till next Term. CHELMSFORD, WEDNESDAY, AUGUST IS. HAMMOND T. CIWIWI!. This was a Special Jury cause, which occupied nearly the whole morning ; it was an action for £l7 15s. but the real question in the cause was, whether two fields, called White Pits, were copyhold of the manor of Longham, or whether they were freehold property ? As the cause was protracted to a great length, and appeared as if it would occupy much great er time, it was at length agreed to refer all the title deeds to a Professional Gentleman, who was to de cide between the parties. STEVENS V. HARDY. This was an action against the defendant for a breach of agreement, by which the defendant agreed to give up his business of a baker, at Burstead in this county, to the defendant, and not exercise the trade himself in that parish, or assist any other in doing i!. The defendant, after he had left Burstead, opened a shop at Stock, an adjoining parish ; and the only two instances in evidence were, that once he gave an old customer in the parish of Burstead a bushel of bread, and once a person came from Burstead and bought four strikes of pollard at his shop at Stock. The Learned Judge held this no breach of the agreement, and the plaintiff was nonsuited. PERRY V. BROWN& This was an action of trespass, for breaking and entering the plaintiff's house, at Billericay, in this county, and making a great noise and disturbance, and taking away divers goods and chattels. By me evidlace it appeared that the plaintiff kept a basket-maker's shop at Billericay, and that an old woman lodged at his house of the mime of Catherine Browne, a relative of the defendant. In May List, she died, and Browne, the defendant, was determined to have all her personals, for which purpose he came in his carriage, with his waggon in attendance, civil tered the plaintiff's house, and carried off the pro- perty of the deceased, consisting of a joint stool, an old red petticoat, a beaver hat, a stump bedstead, and divers other articles of equal value. For the plaintiff, it was endeavoured to be shewn in evidence that the deceased had felt such anger at her heir for awkwardness shot n to her during her life, that she had determined to disinherit him, and accordingly the village schoolmaster was put into the witnesses' box, who proved that a will produced was written by him, from her dictation, in which she had bequeathed her red petticoat to the plaintiff's wife ; and after some other " valuable" legacies, she made the plaintiff re siduary legatee of the stump bedstead and joint stool. It was also proved that the defendant in his haste carried off some old shoes, the property of a cohler, who lodged in an adjoining room ; but on discover ing his mistake, he returned these articles the next day. The Lord CHIEF BARON observed, that neither party had proved any right to the old woman's pro perty, as there was no probate of any will, or any letters of administration. A trespass was proved, and they would say how much damage had been done.— Verdict for plaintiff—Damages £5. CRIMINAL SIDE. Charles Don was indicted for stealing a cart-horse, the property of James Goodeve Sparrow, Esq. of Gasfield. The horse in question had been seen about noon on the Sunday on which it was stolen, and was missed between four and five o'clock in the morning following, when persons were sent in search of it.— It was taken from the farm-yard of Mr. Sparrow. The prisoner arrived about half-past seven on the same morning at a public-house at a considerable dis tance from Mr. Sparrow's, mounted on the horse, without a saddle, and nothing but a halter, when he called for some beer, said he was going to Cambridge, and offered afterwards to sell the horse, it being, as he alledged, too heavy for him. The landlord, hav ing a suspicion from his appearance, that the horse was stelen, said he did not himself want to buy him,' but would undertake to find a gentleman who would! buy him. He went accordingly to General Elwes, a Magistrate of the county, who resided close by, told him his suspicions, and brought the General back with I him to his house. General Elwes being of the same Opinion with the landlord, detained the prisoner, and in the course of the day those who went in pursuit of the horse, arrived, and identified him, and the pri soner was then fully committed for trial. Upon being called upon for his defence, he said he had found the horse wandering on the road about seven miles from the public-house, that he mounted him and rode him to where he was stopped, that he had never offered to sell him, but on the con trary meant to go forward with him to the end of his journey. Lord ELLENEOROUGH remarked on the inconsisten cy and dishonesty admitted by the defence, and left the facts to the Jury, who immediately pronounced him Guilty. Richard Corday was indicted for stealing six pieces of wood, the property of the King. The prisoner was Deputy Woodward of the Royal Forest of Wal tham, and had sold the wood in question to a car penter, recently after a sale had taken place of some refuse wood of the forest, by order of Lord Glenber vie, the Surveyor-General of Woods and Forests. Upon being charged with the fraud, he said one pa. money Auctioneer. Byrne being calle d denied this altogether; and :he Auctioneer, thint4 he admitted that the prisoner !lad paid him the dAirency of the L.t in (pest ion, 'recd his knowledge of an} arrangement between Byrne a s id the prisoner on the subject. The Jury found the prisoner guilty, and Lot Et.- Laaaonovon, after commenting at virile length, and with considerable severity on the nature of the otr:nc which was carried on to an enormous extent in the Royal Forests, sentenced t..e prisoner to two years confinement in the gaol. Admiral Hervey, Mr. Raikes, and several other Magistrates and Clergymea of the county gave him an excellent character for ho nesty and good conduct for the last 30 years. At the last Salisbury Assizes the famous clause of Sault!Ns ro. Flurr, for a trespass, came once more be. fore a Jury ; and Mr. Huar, not having been able to obtain permission to attend in person, was undefended. The Counsel for the prosecution contended for is. da mages ; but the Judge observed that, as no specific damages had been proved, the smallest coin would answer the justice of the case. The Jury instantly found a verdict for the plaintiff, damages One Farthing! At Nottingham Assizes, . f . Marsden and J. Dennis were indicted - for stealing a sheep, the property of T. Oldknow, the former of whom was convicted, 'and the latter acquitted. Frances Blathernid, servant to a Mrs. Stevenson, was indicted for the murder of her bastard child. The worn led body of the infant was found concealed in a back kitchen, and the recent delivery of the prisoner clearly established. Mrs. Stevenson depose) to the general good character of the prisoner, and her affection for children ; art I that she had made provision for the birth, some clothes being found in her box, made from materials %%hick she had given her. A surgeon stated, that there w.re marks 61 violence on the child, but these m'ght pos sibly have been occasioned by the prisoner delivering herself. Under these circumstances, the Jury acquit. ted the prisoner —but found her guilty of concealing her pregnancy, and she was sentenced to six months imprisonment. Last week a trial for crises esse came on in Ennis, in the county of Clare, before the Hon. Mr. Justice MAYNE, and a Special Jury, in which Mr. PATRICK O'HENNESSEY, carpenter, was plaintiff, and Mr Fos- TER PARSONS, printer, was defendant. Damages were laid at £2OOO r *hen, after a hearing of eight hours, the Jury returned a verdict of £5OO, and 6d. costs, for the plaintiff. Mr. Baron GRAIIA/41, id his address to the Grand Jury at the York Assizes, is stated to have said, that the first step to mitigate the severity of die Penal laws must be to improve the morals of the people. But a man of his legal information need not surely be told that the undue severity of law may be the most for midable obstacle' to improvement in morality, and in that case the first step must be to mitigate the seve rity of the laws. The laws of Japan have afforded the most striking proof of the pernicious effect of over-severity. The most trifling offences are punith. ed with the utmost rigour, and the result is—not the repression of slight offences—'wt the rendering of the /host atrocious crimes as common as the least disor ders. Who could hope to improve the morals of the Japanese without a mitigation of the severity of the laws ? The observation applies more or less to every case where the laws are too severe. It is now well ascertained that the effect of punishment depends much more upon its certainty, its judicious adaptation to the nature of the offence, &c. t h an upon its seve rity. The law commands respect and obedience, by being a steady, just, and impartial master ; but is despised and disregarded when it becomes a slave or a tyrant. The remark of the Learned Judge obvi ously alluded to the attempted alteration in the penal code by Sir S. Rosso.t.v. The object of every one must be, that the law should be as effectual as possi ble in repressing crime. Many appear to imagine that its effect depends upon its severity. Sir S. ROPCII.LY and others think, that its efficacy would be increased by diminishing its severity, and rendering its opera tion more certain and uniform ; and the opinions of' these latter are in unison with the views of those wt t• ers who have most deeply investigated the subject, and whose conclusions have been firmed from the widest observations and experience. The great en couragement to perseverance in these cases is, that the progress of improvement cannot be permanently arrested, while communication and discussion arefree. Wednesday afternoon, at seven o'clock, a desperate battle was fought in Ha berdashers-fields. Horton, tot five guineas a-side, between Elij .h Pinkney, a ware houseman, in the neighbourhood of London-wall, and Thomas Bach, a journeyman baker. The first was se , conded by Jemmy Stevens, formerly a noted pugilist; _the baker was seconded by one of his own profession. At setting to, bets were three to two in favour of the 'baker, who was the youngest and apparently the strongest man. The contest lasted thirty-seven mi antes hard fighting, with several knock-down blows, I when the former gave his antagonist sosevere a body I blow, as to break one of his ribs, and Pinkney in Ircourse was victor. They were both so much beaten as to be conveyed to their homes in hackney-coaches. WELSH PEDRSTRIANISNI.—Monday evening last, the inhabitantsof Brecon were very generally assembled to witness a foot-race against time, which excited much interest, as very considerable sums were depending, and £l6B had been lodged as a deposit in the Brecon Bank. Mr. WILLIAMS, jun. of Llwynhonse, an officer in the Breconshire Local Militia, undertook to son in three hours from Brecon to Abergavenny, a ' distance of about nineteen miles. He started soon after three o'clock in the afternoon, in very fine style, and the bets were immediately two to one in his fa vour : he continued t.) run at the rate of seven miles an hour for the first thirteen miles, when he got into Crickhowell ; he had then an hour and fifteen mimes to perform the remaining six miles; but, from 'has extraordinary exertion, he'became much affected with the cramp, and continued to labour under it daring" the remainder of the distance, which he lost by hail a mile. Mr. W. alas himself a principal better, sad many sporting gentlemen accompanied him en horse back to Abergavenny, where he was put to bed, mi. dently much exhausted. The road was in nosy places much crowded with spectators. Byrne, who was his Head Woldward, had eren 1 i the wood in question, to *Ake up the aelc cy which had occurred in a lot sold in a sale, and kW which he hai paid the money to the Auctioneer.