The British Press; or, Morning Literary Advertiser. — London, England, 1805-07-20 00:00:00

t om; PICTURE CALLEi7. No. Viil. !do 41 —Pattern of oral Fatalism for St. Stepben's Ca n n!. . . The materials consist chiefly of a few fig ends of Nobility, some old shopkeeper', and a great number of :sexed mats for the covering of the seats. They ar e of all colours, and, indeed, of every quality, from the superfine English, down to coarse Irish stuff and Scotch 'fifteens. The old furniture appears to have been partly destroyed by a sort of dissolving process ; but we see a large piece of it here and t h er e, making in the tout °amble a very clumsy an d of patchwork, in which the bof and blue contend for the superiority 'over the orange and Windsor uniform. The price of this painting we do not exattly know. The late Lord Clare has publicly declared, that a piece of the same descrip tion, but on a much smaller scale, cost the country hide million. No. V.—Perfrail of oil Oralo►.—By the Right Hon. G. Canning. A. S. 6. This is a portrait of the kii-cat size. The figure w ants grace, Ind the right arm is distinguished by an ankward swing. There is in the eye more of the animation cf a flapper, than of the brilliancy of genuine wit. The expression of the countenance is a mixture of the feeble and furious; and the colour ing, which is meagre and superficial, boasts not the least pretensions to mellowness or harmony. This is a very crude and unfinished piece, glaring and chewy, but destitute of real grandeur and so lidity. No. O.—Design for a sexy Cabinet. By Messrs. Fox, Grenville, Pitt, Addington, &c. R.A. Designs that are but just toached, and not finish ed, have more spirit, and please more than those that are perfefled, provided their eharatler be good, and they pot the speßator in a pleasant train of thought. The reason is obvious. The imagina tion supplies all the parts which are wanting or unfi nished, and each man sees the piece according to his own pee. We need not wonder, therefore, that the present piece should be so very popular, as it is laid down upon the must liberal and comprehensive scale. Many, however, are of opinion, that a mieture of English oak, Scots fir, and Irish black thorn, of different grains, texture, strength, and solidity, must, in a little while, warp ; and that the whole piece of necessity would become disjointed and otus of proportion. DULWICIE CO - 12EG E.— ( God's Cu).t Yestnlay mnrn;ntz, at eight o'clock, cl;e1, Wil liam Allen, Esq. vi ho has been upwards of fifty two ye .rs in the above College. The College, un der the name of God's Gift, was founded by Allen, who was Keeper of the King's Bear Garden, for a Master, Warden, four Fellows, six poor old Men, six poor old Women, and twelve Boys. Celibacy is a sine qua MeV* The revenues are large and increasing. By the statutes, the Warden succeedc the Master, and takes upon him the orrice immediately on the Master's death, so that there is now a vacancy for Warden. The Founder direAs that the Minter and Warden shall both be of the name of Allen, or Alleyn, and every person of that name is eligible to become a Candidate. The Elettion is in the surviving Fellows, who ehuse two persons. Two rolls of paper are then put into a box, and each Candidate takes one, and the person who takes the paper upon ishich the words " God's G.'o" are written, is the Warden eleAed. The present Fellows are—the late Warden, now Mater; the Rev. T. J. Smith, the Rev. Neville `tow ; the Rev. Barty ; and Mr. Richard M‘Dowell, who all reside in the College. INDIA 110 USE. Yesterday a General Court of Proprietors Was held at the India Hott.e, for the purpose of idiking into further consideration the Resolution of he Court of Proprietois, held on Friday the 12th inst to consider of the Resolution of the Court of hire tors on the Report relative to the College at Hertford; proposed to be instituted for the education of young Gentlemen who are intended for the Corn rany's Civil Service in India. The Minutes of the Court of Proprietors, of the t ?Cis inst. having been read by the Clerk, together with the Resolution then agreed to— The Cleans stars rice and informed the General Court, that they were asseatbled for the purpose of approving and confirming the proceedings of the last Cour*, on this sutsjeft. He should therefore read the Resolution he had prepared— - " That this Court, reforrin to the Resolotion of the 28th February, and to tne proceedings lied thereon, do confirm the Pt °purl of the Court of Ihreeto.l ; said do approve the 941.1(10 appenote t l and fix-el thereby." The question on the above resolution IVAS then put, and carried umanionotaly. I . :te CuAlll \IAN then said, the Court had been held merely for this particular purpose, and there was Ito other business.before them. Unless, therefore, some Gentlemen present had any observations to r.Tvr on the suhjea, he should adjourn the Court. prrs•'n offering to speak, the Court was accord ; ,gly adjourned p ine die. .---- - In the event of Sir WI Cl.l A !I Scovr's being creat ed a Peer, lour Candulates are meimoned for the s•ltt On Parliament whi.:h will be vacant for the Uni versity of Oxford. TN. Right Hon. WiLt.tala 1:1011 A ss, formerly of Liatversity College; Rs eat R icora Ds, Esq. ing's Counsel, of Queen's; W A .11 DWI( essoN, E.l. M.P. a nd Forum. of :Kosses; ;sad prate, Lsq. of Braier.o:e. ' r ; ` I .. .FIFIFF O W o . l ,!Mlir . . • LAW INULLIOLNCE. • . COURT OF KINGS 13F.NCIL GUILDHALL, Juti 19. Saline at Nisi tarn, Infant Lard ELLRESBOROUON, and a Special Jury. TONTO* 0. PRIM This was an *action for money had and received. Mr. PARK, for the Plaintiff, stated, that his Client was a Welsh Physician, and the Defendant a Welsh Attorney, residing in Lincoln's Inn, who had a share in a ship called the Fanny, of Swansea. The Dr. having a sum of money lying by him, which he wished to turn to some advantage, proposed pur chasing the Defendant's share in the Fanny, and the Defendant agreed to assign to him a three-fourth share for 6301. ; 6001. of which the Doctor paid him, and the Defendant afterwards brought ao ac tion against him for the remaining 301. This cause was referred to arbitration under his Lordship's order; hut, instead of choosing any gentleman of the bar who was conversant with Lord Liverpool's act, and could have set all matters to right., the parties appointed a Welch Merchant, wholly uhaccittainted with the sullied. He awarded, that the Plaintiff should pay 301. to the Defendant, and that the latter should make out a good title to the former. Upon this award the Defendant proceeded by attachment against the Doctor, and compelled him to pay the 301. but would not make a good title to hini, for, in truth, no hill of sale, or assignmeot had ever been made on the back of the Certificate of Registration (according to the act), and, therefore, he had no right to sell ; the cotittad was not valid, unless the regular endorsement. had been made on the certifi cate, and, therefore, the Defendant had no title whatever. kk admitted the Di.llor had the pos session of the ship, but was ready to resign it, as in fad he must do, for if the Captain thought proper to keep possession, the Plaintiff could not maintain an action of trover against him. Lord Ect.LNISO town n--" There has been one ar bitration, and an award raade upon that which has been a rule of Court. I how then can you maintain an adi n for money had and received r Mr. PA a K answered, that part of the ship be longed to three persons of the names of Jones, Lewis, and Davis. each of whom had a two six teenth share, so that the Defendant could not sell even three-fourths ; and upon this he submitted the Plaintiff had a right to his money back again. Lord F.scasisoadtic a—A You may either attach him under the award, or bring a special action on the case; but you must first proceed on the non compliance of tilt terms of the award. The law is clear ; you are entitled to your money back again ; but you cannot recover in an adi•iu for money had and received.. I think, if those parties could come to any am!cifile adjustment, it would be the better way to decide it." The Plaintiff was accordiegly Nontriited. JONES V. eanroan. This was an action upon a bill of eachange fur 991. against the acceptor. Mr. IiItSKIN a, for the Plaintiff, said. that the Plain tiffs were respectable wholesale grocers in St. Julio street, and this adion was upon a bill of exchange (brought by the endorsee against the acceptor), drawn by one Macmagil, in the name of Hopkira and facmagil, upon the Defendant, who was a ' J .,- pann7r is Bunhill-row, payable to their own order. I lopkins was a bankrupt, and he understood that it was to be said in defence, that those two drawers were not partners, and that 91acmagil had drawn the bill without the authority of Hopkins ; but in the costs and charges of his memory. he could not recoiled A case where this had any Ming to du with the acceptor, after he had recognised it by his ac ceptance thereof. The necessary prnefs being gone into ; Mr. GA scow, for the Defendant, observed, that the 1.01 was, that Hopkins, the bankrupt, had gone into a business he slid not understand, anti had got fslacnaagil, who was a japanner, to undertake to teach hum his business, and the latter lead no more right to make use of his name than any other per son; and left himself liable to an indictment for forgery, which might terminate in a rope's end. Lord ELLINDOROUGH—" Has he not admitted the right of the one to draw for both, by his accept ance of the Bill by which he recognises his autho rity 1" Mr. Gas Row then objened to the endorsement as not being valid. inasmuch as, although the acceptor had recognised him as the drawer, yet the other could not be liable as endorser. Lord ELLINSOROLIN—" I think, if he has a right to draw the bill, he has s right also to do every other thing appertaining to the bill; howev , r, 1 will save the point." A verdict was therefore entered far the Plaintiff, subjed to the point, " whether the drawing of a bill admitted a right to endorse." not.asas and ANOTIIIIR V. 1100011. This was an action for money had and received to the Plaintiff's use. The Plaintiffs were assignees of on. Pierce, a bankrupt, who formerly kept the Two Brewers public-house, in Bunbill-row, where he had been supplied with spirits by the Plaintiffs, to a consider able amount. The Defendant being also a creditor, the bankrupt had made a Bill of sale of a part of his property to him, which the Defendant afterward, disposed of. This sale, it appeared, was made after Pierce had committed an ad of hatikruptcy, and the chief question turned upon the trading of the bank- Mr. Bevin proved the petitioning creditors debt. On his cros-examination, it appeared he was the Master of the Ceremonies at Vauxhall, but had also been for many years, and still was clerk to the Plain tiffs. The usual credit given by distillers to pub licans was according to the quantity of liquor which they drew, but in genera], payments were made in V.B days. Mary Ceybon, the bankrupt's servant, proved, that her master left his house on the 10th of Oc tobtr, and said he was going to GA: a week's pleasure in the country with his friends, but he never returned. She Lad frequently carried spirits to customers out of doors. On her cruss-ezarnina tion, sbe said he was not a wholesale importer, nor did he carry on any great business. She used some tim !.s to carry out a pint of gin, or runt, &c. to a customer. Michael Williams proved, that he had bought MC hogshead of gin and five gallons of rum from .r. .._ ~ _,,,, •• • , Pierce, at one time; but he tree then distressed t make up a bill, and he rune' purchased it as a friend than any thing else. tdr f Coomb, the Defendant's attorney, proved the suit paid over to the Defendant. • Mr. G•attow, for the Defendant, said he did not defend his client on the grounds of Pierce not having committed an aCt of bankruptcy ; the feet was, the Defen lent, being a gentleman of fortune and re spedability, had employed Pierce under him at the West India Docks, and thinking his fortune should be marls if he could get into the public business, he had prevailed on the Defendant to set him tip. The only question was, whether he was subject to the Bankrupt Laws, being a publican, who by Aft of Parliament were exempt!— lit support of this propo sition, he quoted the case of Saunders and Rolls, in which it was laid down by Lord Mansfield, that a viCtualler was tai be considered as a publican, and not liable to the Bankrupt Laws. The Learned Counsel wasproceedir.g to cite other cases ; when Lord ELIZSIBOSOVGII observed it bad been proved, that, in pursuance of his general trade, he had sold a pint of spirits out of doors, which was too great a quantity for any person to take at one time; it was therefore to be taken as a trading. l'he Learned Counsel, in further addressing the .lary, said, though his Lordship had thought A pint too much to &ink all at once ; yet it was writ known that since the use of spirituous liquors had crept into the place of the more wholesome bever age of ale or porter, families generally drank a oint of diluted spirits at a sitting. Lord E.Li.s.tsaoaouoa—ss In order to constitute a trading, it must appear there was a trading be yond selling in the House. In the prosecution of his trade, he sold out to every one that came for it ; he must, therefore, be considered as a dealer and chaornan, within the meaning of the Aft : how ever. I will leave this fall to the Jury; but, in my idea, there is enough to constitute a trading." The Jury, considering it was a trading, a verdiCt of total. was entered for the Plaintiffs. READ JOHNSI ON C. This was an aftion for ninney lent and advanced. Itwas stated, that the Plaintiff, Mrs. Read, was guardian to a young women, to whom the Defend ant hod paid his addresses i and, in the cipeltation of marrying her, the Plaittiff was prevailed upon to advance him 501. to take a house in Fleet Market hut, having got the money, he was neither inciined to fulfill the one, or ret-irn the other. Miss Frances Stewart, the young lady in question, proved the bill for 501. which her Gusrdlan had arcepted and paid. On her cross-exantinatinn by Mr. PARK, she said, the Defendant was 110 t in bu siness when he first paid his addresses to her. The Plaintiff she wed him the will, by which she was en titled to 1001. and told him she would Like a house from Mr. Blackhorne in Fleet Market, a-id World lett him in as tenant ; she would pay 1.54 for the lease. The witness had received many letters trom him, and proved one of his to her Ouardian, from which it appeared he had proposed to give security along with his father, to repay the fine by instal ments in five years. In diffetent conversations with hint, he acknowledged the Plaintiff had advanced 501, foe him. Mr. PARK, in opening the Defendant's case, ob served that this had originated in a love transodi and he regretted exceedingly the young lady had been obliged in exhibit herself; but the letter which he should put in would be a full answer, from which it was evident she meant to set him up in business. The first proposal was that he should become her tenant ; and the next was offering security to pay the fine by instalments —the letter was from the Plaintiff, and ran thus : *. SIR-1 have received your letter, and consulted Fanne's other guardian on it, and will bung ma action againd yuu lot your breach of contra-I; we all understood you were to ii.a•ry the srl. I will steal to ray agreement on her account, and Hat un yours without her; will have nothing oi do with your father or any slier person. Your fathtr and you are not as good as she, who 0 bmer than either of y0u.....-1 like no de fault —Marry the girl ; she can pay WM.; I have tall MI. for the lease, aunt will se,ept the security. if you continue the cua- Hart, and take any sum you and your father ay ; but if you are so poor, I will live there myself, and make a doss ware hotly; of it. It you will pay what I advanced, I vii give the contract. Lord Eta.ensortonon.—" This is all through the language of advancing money. The defence is inetreCtive in point .p 1 law, as well as in point of morals, he should have married the girl, and put an end to it."—Verdict for the Plaintiff, 501. COURT OF COMMON PLEAS, GUILDIIALL, jus.v 19. Si!linv at Nisi Prsrr, before Sir J• NILS MAIMPIELD, and a :Veda Jury. moon and co. C. meattotca. This was an aetion brought by the Plaintiffs, r e. speetable merchants in the city, to recover the sum of 1061. the amount of a Bill of Exchange drawn by the Defendant, Captain of an American ship, and in American subjeel, on Cleland, White, and Co. in favour of the Plaintiffs. It appeared, on the part of the Plaintiffs, that the Bill in question, drawn by the Defendant in favour of the Plaintiffs, had been accepted by Cleland, White, and Co.; but payment being demanded on the sth of March 1803. the day it became due, it was not paid. The Defendant, not being then in England, could not he sacred with notice at the time. but in some months after Mr. Inglies son met him in the New York Coffee-house, and demanded payment. But the De fendant's answer was, that he did not conceive him self bound to pay the Bill, as he was only nominally concerned in the transatti.•n. A short time after this, Captain Keaquick was arrested for the amount, the consequence of which was, that the cause came to be tried, some time since, in the Court of Com mon Pleas, aed the Plaintiffs obtained a verdiet, which, on motion, was set aside, and a new trial granted. • Serjeant Coc e xi., on the part of the Defendant, addressed the Jury at considerable length. He said, the case, as it then stood, appeared very plausible ; but he was convinced, when they were acquainted with the hafts and law of the case, they would in stantly pronounce a verdia for bis client. The Learned tierjeant then submitted to the Court, that the Plaintiffs could not maintain this anion. as the notice of the non-payment of the Bill by Cleland, White, and Co. had not been delivered in to the De fendant. SIT JAMS. Marasrtet.D thought there was suffi cient evidence of the notice being gi fen as soon as the Defendant 'could be hitt with ; but even . if the notice bad not been even in time s he cooceivid the °--- --_. • • reendant waved kby saying, he did net think he v. as answerable. Serjeant Cocetto. then proceeded, and said. it was impossible the Plaintiffs could by law recover. as transanion, out of which this 1341 grew, was direnly contrary to the chartered rights of the Ease India Company. TLe Defendant. being an Ame rican subjen, commanding the American ship Illy was pitched Upon by British merchants. as a proper person to proceed to •ret,eriffe s and these take in a cargo of !Spanish wines, with which he should proceed to the British East Indies. He saisii he would be able to prove to the Chart and JorYs o , from the letters of the Plaintiffs themselves, that he was with their knowledge employed for that put pow ; and when this was done, he was convinced his Lordship would say there must be an end of the anion. Several letters were then read, which paced be tween the Plaintiffs, Cleland, White, and Co. and Mr. &try, who lived at Teneriffe. From these it • appeared, that a connenion subsisted between Derry and the Plaintiffs, and that they were perteOly well aware at the time they took the hill that the value given for it was, Spanish wine shipped At Teneriff.-. for the purpose of being cat t ied to the British Eds.: • Indies. Serjeant BEST, for the Plaintils, spoke at COS aiderahle I.lngth. "I Sir .JAMS. M NSF tELD then explaiaecl the law ro the Jury, who being satisfied that the Plaintiffs were acquainted with the nature of the traninetion before they took the bill, found a verdet for the Defendant. • osi SPORTING INTELLIGeItE. • • *' WINCHESTER RACES. _ 'MEW AY, JULY 16. 1 ' His Majesty's Plate. IA Saskville's b c Witchcraft . . Z 1 Mr. larthmtre's Pro•Terq . - • • Mr. Ahbcy't Virgin . 3 11 • Won easy. •t iL WiDNESDAT. A Sweepstakes of lOgs. each (Seven in 4), • Twe Miles. Mt Ahtey's Mirecry, by Joh.s hull, 6 yrs. old Sir H. I.6l)t.incoti.h Mirror, 4 yes old . . II • The .501. for tire vs. olds and upwards, was won . by Lord Sackville i s Whirligig, betted.; Quiz and several others at three heats. • 1 Tlit 531. fur three and four yr. oils Was woo say' by Miss Coioer, beating Triptolemits, also bolted. POLICE. • *; cut Lien A 1.1.. APR RIRPAR tea; ye•rerday charged before Ste J • W. A Dcasos, the sitting Alderman. vri-h . pei-' wattle stealing from the shop of Mr. Aughtie. No. 120, Fleet-street. gold and silvec trinket , to tee va lue of three cr four pounds. The Prisoner lived with Mr. Aughtie, as his servant, and it was sworn that she confessed having taken the Img of the shop' secretly from the pncker of the son of the Proee ciator, a rides boy, and having by that means (1:1- tained access to the shop, stole the triokete. It s r pealing. however, that the confession was siseale A I L consequence of a promise of forgiveness. the worthy Baronet only committed het to close confinement isk Bridewill for one m inth. sow-elinter. On Thursday evening, the Eve persons Meastody on suspicion of being concerned in the anemsous , s burglaries which have lately been committed in the neighbourhood of Blackheath, underwent a anal ex amination before 'looms. Rosimsoe, En. the Sit ting Magistrate at Bow-street. The evidence of the different 'witnesses was committed to regtear informations, and read over to the prisoner,. No thing materially new came nut. The Parties wer e bound over to prosecute,and the Pricm.ers were fully consruitted for trial at the ensuing Kent Assizes. 'the amateurs of boring will be gratified this day by several b. t les : the names of the parties es pedled to 'fight are —rung Cmlei Mach Saes, the Chic4rn, Ste. From the names of the pArties. it is expcttcd that much damn. will be ,hewn, and that tunny a pigeon will be ple•eherl. while the knowing ones wiilft.tber their nests well. The r"ighbourhood of Hampton Court, it is said, will be the scene of aaion. Thursday in +ming, about six o'clock. Mr. Tito. 11AI Coos, an Exciseman, went to ta.:l himself off the Custom-house Quay ; not twin,: a swimmer, ha laid bold of the end of a rope fs..eried to a riog on the wharf. whilst he employed one hand in washing himself, the rope slipped through his other hand, when be sunk under some barges, and was drowned. On Thursday nigbt, between eleven and twalye o'clock. as M.. RU‘H ['IN, of Clerkenwell, in com pany with a youlg gen.leinan in a po.t-chaise, w. to returning to town, they were stopped near Layton stone by th,ee footpads, arased wi t h pistols. who with horrid imprecations demanded their money or their lives : the Gmtlernen, being well arms.', re sisted their demand ; on which one of the villains fired into the chaise, but fortunately withcut siva ; upon which Mr. Resit TON fired a blunderbuss, wises the villains made a precipitate remiss. They all ap peared to be young men, and were dressed in short smock frocks A very daring rolisery was committed at an early hour on Sunday morning last, at the house or Mr. NVyhtz, of Hope School, Leece's-ttreet, Liver pool. A servant woman, a native of Wales, who had lived with the family about a month, contrived to collea together a great variety of articles of wear• ing apparel, the property of her mistress. with which, together with several articles of plate, ate. ire. she went off before the family were up, and has not since been heard of. Worms in the Throat —Mrs. FILICKEs having been long alll,d2d with every symptom of decay, viz. fainting', head-ach.languor, irregular appetite* great restleness, together with horrid dreams, and lately could not lay down, owing to a violent ob. strwltion, affeaing respiration, and when is an bcri. sontal posture, threatened her speedy dissolution • while in this distressed situation, Mrs. Duces, atf the Peacock, Houghton-street, Clare Market, re. commended Dr. Gwen:tea', Plass arid Tiwcru se, which, under God, has expelled a Worm upwards of coo feet—the head part of which is t 4 feet, and contains 150 mouths! ! This, with many curione phenomena, may be seen at the Doaor's Long Acre, near Bow4tnet. • 11. s, It p.r ; N• sit 311 Cir Spike Mr. bar le lo• le in' esclab l ' , 11il-L.