The National Register. — London, England, 1820-12-24 00:00:00

LAW INTELLIGENCE. COURT OF KING'S BENCH, MONDAT, DEC. 18. HODDER V NAYLEK, This was an action for work and labour. The plain tiff is a bricklayer, and the plaintiff's demand was for the balance of an account delivered by the plaintiff, for earwig £O,OOO bricks, from the brick-yard at Ful h Jill, to defendant's residence at Brixton. From the evulenee is appeared that, the original order for canto_ the bricks in question was given to a person named Champnies, who was falling into dilliculiies, made over his bosiness to the present plaintiff, whose cart and inures were afterwards employed in carrying the dc!'enitint's bricks. though they were still delivered in Champ , ics' itmoue. StllliS had been paid from time to time to Chailipliit'S, all of which, except eleven guineas, the plaintiff was ready to give the defendant credit fur , this stun it was alle ged, had been paid the defendant by Champuies, sub sequent to his having notice from the plaintiff that Le Was doing the work. Witnesses on botlisider were examined to this fact, and the Jury found a verdict tot the plaimill—llainages, lII.IIs. ragsrsurc. v. INC, AND ANOTHER. This was an action kom.i a note accepted by the di:- fendants jointly, for 301. and made payable three mouths after the date with lawful interest. The case was only important from the nature of the defence. The note was accepted upon a half-crown stamp, which the last gen-ral Stamp Act makes sufficient for a sum not exceeding 301. Mr. Ginty objected to the stamp, on the ground that it was not good and sufficient fur tne note and interest. The note upon the face of it purported to be a contract by which the d..lentlaitt agreed to pay more titan 301.- Ihe plaintiff could not demand the sum tllllll three mouths after the note was accepted, Wien the principal and interest would amount to 301- 7s. (hi. '1 oat being the fact a two shilling sixpence stamp was not sulliaient. Mr. Comps for the plaintiff contended, in answer to the objection, that the stamp was pond and sufficient, inasmuch as the sum was no more than 301. when the note was accepted. lie was surprised he said, to find his learned friend make this objection, because Mr. Chitty, in bis own book of Nisi Prins cases, had re ported a case in which a similar objection was taken by the Aiorney.Generil and decided against him. The Court in that case held that interest could not be con sidered any part of the sum for which a Bill of Exchange is given, but money goosing or accruing alicr the bill is accepted. Mr. Chitty Ili reply said, the most able Jud!.;cs at Nis- Prius had frequently had u , 7canon to revise their decie sions, and feeling the ohjuction 11..• hail made to hate considerable he prayed the Jtidg.r would resent the I Mut, in order that he 'night louse upon it fie:: Term to enter a noa-sitit Mr. Justice liolroyd observed, that interest on a bill of exchatie,e was a mere appendage. lie had no doubt upon the point himself; but he was williog to let itie Learned Counsel do the best he could with it. lie should reserve it. 'lke hand-writing of the acceptors of the lithe was then proved, and the Jury found a verdict for the plain titi.—Damages3 I/. w kith included the juiciest. TUeSDAY, DLL:. Ii). Sittings before Judge Dallas, at Guildhall. IMPORTANT INSURANCE CAUSE. SEVIRN AND CO. V. 1114 E DIRECTORS DE THE PHOENIX ►'iii CONIPANY. This cause which has been six days before a Special Jury, was decided this day. It Lof great importance, inas 1111 l eh as the deientlatits are liable to pay a sum of 15,01101• to the plaintiffs, and upon the question there is not less than 70,0001. depending. The filets to a con siderable extent were made public in the report of a former trial, this being a new trial. The plaintiffs, who carried 00 the business of sugar refiners, at their suer-house, standing in Uniim-street, Whitechapel, brought their action upon a Policy of Insurance to recover the loss sustained 11 the destruction of their premises which were burnt down. The amount of claim on the Pticedix was 15,0001- The defeittlants resisted payment, not imputing the slightest land, but oil the ground that the plaiinitis had used a new apparatus mote dangerous than the old pro cess. Tins apporams had increased the risk, and had never lain ciiiimitinicated to the Ginipmy, aecurdiuu to the te•rnrs ;01,1 cnnhtfun• of the pdicy. An irnnu•nse mass of evidence was offered on both sides.—On the p rt of the plaititifi) the witnesses patni.ii that tie lire dr.i i.,,L break out where the new process was us: , ,l; ,econtiiy, a 1101/1l)er 01 belt wh•: had ascertained by experiments the inti.tortittable strength of the sugar and oil used by the plaintilfa, de poseu that the new process was less mingerous than the old. It wtra also lamed that the Surveyor for the de fendants lie.d examined the new apparatus, and on that account the planitilfs did not consider it necessary to make any further comn utlleauou to the On the part of the dele-mliiiits a iltllliber of persons de that they saw the lire Itr:aliting out under the sugar pan where the new !tweets was carried on. Several sugar-ri linos also stated that they considered the new pruc.•ss more dangerous that the old. '1 he argnnt:•iiis of (;onwit I were concluded day, and this day Chief Justice Dallas 'slaw) at tett in the morning to sum up the es idenee. his clear and able repetition of the testimony of all the. Willit:36ea was concluded at tour o'clock. . _ The Learned Judge then said—This is the whole of the evidence, and I have come to the end of tt with sauslaethol to in bell, because it was impusAile, without going thrum; h the a hole minutely, to meal the facts to the recollection of the Jury. I will theiefore, ou he couclosioli of this long proceeding, mak' a few ohaervations. There are some pre liriiilary topics which I ail! now ad% ert to. as to the conduct of the plaintiffs in this act. oil. They had, oohs. tu dely, 3 tciv LotAtlciahle aL ua,t.aJwg. It t bot h 4) THE NATIONAL REGISTER. in case of total loss, would crush the greatest numhcrof persons cat rying on the business. That eiretenstance ought to press an your consideration. Another circumstance is this.—that whether it has beets rigle. or *roue not to c 0111- 1111111leate this improvement to the I simiratice Company, tins is a ease in which it is quite impossible to fix on the plain tiles any fraudulent intention, nor is it su intimated. Oti the contrary, the intention to impute fraud is disclaim, d. The case indeed speaks for itself; for it is hardly to be supposed they would have introduced a dangerous process to hieist own injury , and therefore if it should turn out that yhit doubt whether this is a dangerous process, the plaisittie might to have the benefit of that donut. If your decision shun id tie against them on the subject ut no ceannunication having been made, not one of the Jury will more lament it than I shall; but still in our respective situations Justice must be done. I then come to the et:cntime whether the loss to the amount of 70,0001. is to fail oil a few individuals or the different Alembers of a society who hold small biltirea? and ilea is a sobjeet fir yonr consideration. I now con sider it necessary to make one or two observations on the defendants. They are Directors of the l'licenix Insurance Coniiiany, and as such, witimut looking to their own interest, are ti tistees fur a consist:mole hotly of persuns. Properly of this nature, you are well aware, consists of deferent ehares, wheel perhaps constitute the support of widows and orphans, audit is their duty to elites:et every case to examination if suspicion is at all entertained. I have therefore no hesitation in saying:, ender the extraordinary circumstances of tin; case, unperalleled in lily read lection iW a Court of Justice, if the Directors had nut defended this action they would have been guilty of negligence." The Learned Judge then adverted to the fusilier trial, and remarked that the evidence had ueen completely changed. Tiie question of fact now was, first, where did the lire arise, or iu other words, how din it break out? 'the next question wes, %seethe+• or not the new process was more dangerous than the old ? If it was more dangerous than the old, there would he an end of tin- ease. If it was, the plaintiffs had uo riela to herteltice hes ittiout s arying the r isk. If the Jury concluded it was inure , latt2,cl4), they ought to lied a verdict for the deli iidants. If the fire broke out where the machine was used, it would perhaps prose the procc•s was more dangerous than the old process. They had heard fifteen or twenty witnesses, all of whom had sworn to the fact of its having broken nut at the corner of Union-street, and it was attributed to the sugar hotline, over. It was most extraordinary, that at the last trial the cease of the fire was unknown. It was merely attributed to the care leSellesS of the workmen cumiug to get their candles. The new attempt to fix the tire to the boiling user of the sugar vat was then a subject for their conaderation. The Ulan who could have pros eil whether the lire happened there or not was examined by the Directors. Muller, the mast who had the care oldie apparatus, had blundered—first bay Mg, uo nil was used, and then admitting that it was used. Muller said it broke out in Coiou-street, awl that it was so rapid that he had nut time to save hi, clothes. If the Jury be lieved this, it would only raise the presumption that it was a darigeruus process. The next que tion was, the cause Ne'betlier or not the new process was more dangerous than the old? Ou that point the Jury hail heard an immense body of evidence, coneisting of the testimony of enliglitesied philosophic mete many of whom said it was impossible the apparatus amid have pruduced the accident. On the con trary, it was less dangerous than die old process. Dere the Leashed Judge adverted to the teatiniony tape Thompson, of Glasgow, Dr. Davy, and others, who supported the plaiu t 'die case. It was, however, judgment opposed to judgment, theory to theory, and strauge as it utielit appear, experi ments had led to dilfermit results. Who has to decide this mighty contention? Ile was not able. Ile was not totally ignorant on the subject; but a little le:house was a (lenge l'oll,l thing, lle had some dsubt of his own knowled~ , , and was not ashamed to own it. The man who never doubted would never examiae. 14 Aibt had bean called by the great Lord Bacon the key of knowledge. It was, how eve:, not the duty of a Judge to decide; it exclusively belone(11 to the Jere'. Some among the Jury might be well acquaiated with the path of seteliCe, %%Web lie would only say, like day-light, must be progressive. In a case where 70,0001. was depending, and where it was impossible to attribute fraud, they ought to consider whether it would nut be dangeruus to give their verdict against the plaiutitie. It was an honest ease. There was no fraud. The Learned Judge then came to the law point in the cate, namely, u !te ther the concealment of the new priteess reielereal the l'elicy void? It was clear the apparatus was nut regularly commuuicated, and he wished the Jury to say, whether it was a safe or dangerous pi oeess. On the couditious of the Polley, which lie read, notice of all Immo% ements in ma teriels iiredstetive of heat was to be elven to the Company. or hie hairy was to he void. He should reserve the point if lic•Ceb any. At the conclusion of his charge the Learned Judge observe!, that he could not have supeoseel that for six days together twelve Geeticisien could have entered the Jury-box with so much willingness and readiness to dis charge their duty. Not the slightest complaint of incun venience had escaped them, and time country, as well as the parties. WtTC Inelify obliged to them. The Jury retie d at live o'clock, and returned at a quarter lo st veil. flies aims limud a vet diet fur the plahnieS.— Damages 1:),001. The Foremati then sail, " We are of opinion the fire hitiee nut ill the voting of U witvet, and lint Wider the cut process. N J ate also of °pintas 111111 the time recess is lee, dangerous time lac old. We think Severn a n ti c o . did nut give ' , Mice of the apparatus, because tile defendant's Surveyor had inspected it." The verdict vno iissinistly hauled wills loud shouts of tri umph, lie .1 muumuus 'hely of poems hi the Court and Ilse ;Avesta's, whuappcated nruth inte rested its the event. Oise uetne J miry then said, be hail bat as Juror hen the late Lund heiress.' nisi lillenhoroug.l 1011 bl.:Vd us J utters, and iie nab pound to say, the il•hasiity of his Lord sine was loose di4iuguislicts on this trial thou he had cwr been e Expel ice. tel. dude(' Then gentlemen 1 am more than re wardea." A couversatioti nest enter d on the want of cohinanicetion with respect to the peed-s, and the Jury sifter cuasulting teeth' its tee this, declass d they were ul opinion there e ns nu utctssity far Di the bill 10%, or bad Kee it. The ease being disposed of, th , Jadge said, that hie old. ' was, that hots% iths:ariliiie the doutesion t thieds of the teamed niter, lite Jury hod decided on the bide bide. Tlll.llllll/Al, Dr.C. 1. JOS 1..P11S V. KELTY. This was an action wt a 11111 uiEstchane, hell by the plaintiff lot bBl. The lutol.writiog of 1;12 panic.; to toe 11111, and the fact of the platittlif heitig the Loa fide bullet ul the sccutity, ila WWI i s . 3 Lac ttelcutlattia 1.1116111ui 411 liability, were admitted, but it was pleaded that since the making of the bill the defenitimt had been a bank rupt, and had obtained his certificate. These facts were were also adiLitted by the platuttif; but it was further stated that the def•wlatt hat been twice a bankrupt, and had not paid tificen shillings in the pound under the second commission, under these ciretin:Slances the Jury, by Ilk Lordship's direction, found a verdict for the plait till for 601. ins. the amount of :he bill and interest. w;th this spcmal indorsement, that the defendant had been twice a bankrupt and obtained his certificate. but ha I not paid lateen shillings in the pound under the last commission. P.OTHONELL AND PARKINS tr. DLMANI. This was an action by the Lae Sheriffs to recover from the defendant 1701. the amlunt of a Lid bond, given by him fur a person »tned Leigh. !Ur. Glancy stated the case for the plaintiffs. Mr. Gaslee, for the defendant, said the defence of his client was infancy. To prove this fact the register of a parish in the extreme part of Yorkshire was put in, and the entry of the defen dant's baptism was read. The uncle was also examiued who stated his belief that his nephew was not yet 21. The Chief Justice thought there was no doubt in this case, as to the proof of infancy. It might not he srrictly honest fOr persons under age thus to deceive the world ; but the law threw a shield, and very properly, round infants, and persons must take care with whom they dealt. Verdict for the def.•ndaut. The followini; excellent letter, has been publicly rubleessed to the freeholders and inhabitants of the County of Noriol!:—and we give it, because in its main points, it is equally applicable to every other county. BROTHER FREEHOLDERS, AND INHABITANTS !—Ye, who have hitherto been foiemost in addressing and peti tioning the throne, and the tun Houses of Parliament when your liberties were in danger.—Ye, who have been the beacon to all England fur assembling at County Meet end in the language of loyalty, but with the spirit of freemen, boldly to state, and intrepidly to assert your rights; why stood you now aloof? why—is it like cosi-opt Borough, under the influelice of an oligarchy, ye suffer oilier comities to wrest our you the long worn, and proud palm of the Whig county of England ? The path is still open to you ; and if among the aristoc racy, a por ion of i hembe insensible to the dasigcm that 11% oil them; if they preler -their homes, and their pleasures to the (loth sof their statism, aid air. bet onie degenerate and debusill ; Icase them to become the victims of self-re. pro:tell, and to the obscurity which shades the abandon ment of trust, and derilection of principles. Among your ranks will lie found - men amply fitted to supply their !daces, and whose call will be impel ativ e ii; the Sheriff to convene a County Aleetiog, where delinquency will be made known in the list of absentees. Let the farmer, who finds his labour unproductive and luiprolitable—the Bade/usts, who fees, the want of the farmer for Isis cus tomer—the mantifectilier whose goods are warehoused, loom the diminished demand in the home mai Acts, divest them-elres of prejudices, and they sill he convinced the true cause of a general depres=ion, lies in the canker of nm overwheliiiiiig toxaiion. Unite then in a sesolutiou, (lerlaratary of the evil, and petition your Representatives (when Ministers shall allow thesis to assemble) to institute au immediate enepiiiy into all br.noclies of the expenditure, and t espocially that alising out of the Milan Coin. mission, in well as those int:Hired in the prosecution of the late moo eel:demoted trial of the Queen Consort ut these scalars ; endangesing iii its coma eine tees the stability of the throne, unjust and juju' ions to the high Pe soiiage accused, and subversive of all morality and reverence in the people to the monarchial psi tof the constitution. In your petition to the House of Lot ds, express firmly your conviction, that nu nic•lsinet Floirt of re.josothing iii the L.HUIgy the MOW: of Queen Caroline, as Queen Consort of Geosge the Fourth, and giving to tier those appendages belonging to her Royal station, can allay that excitement now pervading the 1416011. Alid it in your loyalty to yon Sovereign, you vvi.ti to address the lissom., einem ber eIObIiIDijUDAH:S " King can do wrong." But mark sit tingly your rcptobatienof those evil doers (his Minis tei s) who in all their arts of mal-administerieg Isis Go. v (Aliment, in words and in deeds, ate ever seeking to shelter thetwo Ives from at roast notional responsiliality, by Royal Pei summit 4e in their lit cac:ies of the Vspisiiisitieni. Already have two counties wiS/cll to Nor. fulls the go bye—iiiisteii then to your post at Nor wick 1 I piedge myself you will dud there the stoutly Patriot Colin —that undeviating ft iend of freedom, of just - see awl the Lie s. lice. 20, 1820. A FREEHOLDER. Ana kle of the laic Judge Go.d:L—This uery excellent Ju•lse was of a very humane disposition, and when he went the Circuit,, it was Willi extreme reluctance that he kit any condemned criminal for execution. After the trials were over at an Assizes where six malefactors were ser,enced to death, when the paper was laid be fore hint to strike. off the names of those he might think woiliiy of mercy, he i d a reason why the sentence should ue intii4ao:(l in the first. second, &e. till lie had stiveit his pen acros4 the names of live; when he came In the sixth, he said, I can sec no 600 l r:ason why this man should not emit r according to the law ; but, poor fellow, lie exliilated a very woe ilk countenance— tie scents as if lie ilint'i like to be ;" and his tunic a:ely received the merciful scratch. FATAL ACCIDENT...—M. Nailli, the ceielirated Buffo at the OpCia. ii:11 a ViCilal last Thursday to a &cecinal ateident, occasioned by the explo.ion of an ootoclate hoii.r at the mime of a frivittl in Paris. M. Naldi was toitather vvith his wile aunt tlatizoter, at the re,,itlenee of M. Gaieia. Al. Noir!' would as,im in some culimuy [raee.s. and ilJti the intro:fence to close wait pincers the conductor of the heat. Tie exi,lusom in. stantaoeutisly ensued, and the cover separated from the autoclave and Lid his cranium open, and struck him dead upon the spot. M. Garcia rvceived a severe wound 00 the head, but not dame ruts. Al. had with drawn Crow the st.!go 1%,0 tromilt PL° ; anti in his youth wia, allowed to Lc out: of the lust Llutias