The British Press; or, Morning Literary Advertiser. — London, England, 1804-11-14 00:00:00

m- . ,Ir. P ..- . -----z DF.:NMARK. SZOOLATIONS OF THE DAN SH GOVERNMENT, TO RS OBSERVICI BY ALL TRAY LLCM IN TILE DANISH DOMINIONS. A , Ilia Royal ndosty, out most gracious Lurcl, the Ring Denmark and Norway, kc. kc. has, from the cittumstanciis th ! tinter, found it isece<sary to publi.h several Ordonnancei 3 „d Regulations, wi.ich must be o!,..erved by all traveller, in toe Daii.h dominions; in the Wi:hy of Schleswig and Hol stein; in the Principality of Pinnebirg ; in the County of Rant. on, and in the city of .• ttona ; and we have received inforina that thew laws of Police are little ur not at all known in T o e e ign Countries; a want of informarinat which has already caused Foreigner> and Travellers, not only the loss of time, hut interruption in their journeys; we have therefore made t etrads fr,im all these Regulations, as far L they regard keeitisers and tr ive!le-s, which we herevr.th officially publish Ist Nr, i .r.-igner is permitted to tre••el in the above men• tioncil stn., %Aiwa being previdal with a written or ptin•ed t.l. Foreigners, who fmTll the land side enter the Dan sh Ter ti!ory , may obtain lawn,: passes Cram the Royal Danish Lega l...4i at Hamburght Potn the Royal Danish Resident at L•tlx•:k; er by the IDIZINVOPi en that part of the frontiers nearest to the •roin which they des:re ta begin their journey in the Den ise • tates. 9sl. Frny perste atrivirc Sy water may take a pass from the mogot--0.. of the place of his landing. Nu foreigners can obtain a Danish par, who arc not reviotrily ;resided will one of their orn country, or povietas m atessos, ere other authentic documetitt, which prore who ewy are, and the nbjef of thoir journey. IC) All those wise cann•rt prows that they obtain an honest r...nlihuod, as gypsies, elsrlatans, eheati, ctiitcks, ?ores dancers, runnsebanlcs, skewers of curiosities, wtl I beasts, Sae are pro. Meted from cayelling in the Danish Staten, airl olst ua no pastel. 6th. Journeymen oa mechanics, who &Ott to travel in the Palish State., twain be provided with certificates, from their -escec. tire guilds 111 . erwpnrttinns , tint Anse three inniiths old {rims the date of their delivery, and their autiivnticity is to be sealed by the signature.' of the magistrates of the place, where they tag worked, or wr-c ein pinyed. 7th. If husband and wife travel together,nr several full grown travellers are in the s tote carnage, every person must be pro viiwl with a s-parate pass far his own person. Children only, ender fifteen ye.sr, of age, may he included at mentioned in th soars of the parents, relatives, or friends. Pens of both sexes, who travel in th. Dsnish States, vitlion• beim: providiA with such parse:, and withnnt having i•-r.l the above .siumtioned formalities, will be detained, orrestei, or carried away to the other side of the Danish (motive. 9th. Every rrson eou-iced of having male use of forced or false paste; or certificates, will be punished with five yeart lard labour in a hou, of sorr,ction. Every ;,emosi who ni Ores • bad nse of his own past, by lending it to another, it !Able to suff2r for all din crimes of such a penon, and to ray all flo g:ldes he ineeri, as far as his poanerty gnoe , , I.e piih..hed with nit, year's imprison tent, And hard labour in a of correction. The above regtdarines are publialled for the information of 21 traveller. in the Dani , h States ; and are to I.! enforcer, with shirt obedience by all civil or raillery Magistrates or Com manders. 13- Royal Danish StadthoAter, Chancellor, Vice Chan cehor, and Cows 'lot, in the Duchv ~ f il.latean. (Sifted) ' Von liaottooarr. fl'aLkstadt. Soe:NtemSPr 1.1, 1404. Etc Kocx. LEWES, Nov. Royal Highness the Prince of Wales, we are rrelhly informed, means to partake of his Christ mas dinner, at his Pavilion, at Brighton. The 10th Light Dragoons, commanded by His Royal Highness the Prince of Wales, are this day to be reviewed on the Downs, near Guildford, by the Commander in Chief, His Royal Highness the Duke of York The band left Brighton, in order to p•rform their military duty at the review on Thursday, and are to return to attend His Royal Highness the Prince on Tuesday. No review of the 10th having taken place doting the whole of the summer, a great display of military tactics, from IN, highly disciplined regiment, may be expelled on the above occasion, should the weather prove :favourable ft is said, they will not remain long tat Guildford alter the teview. On Saturday last. a baker belonging to Beit . was corm Red in the pen s ty of 41. be fore she Magi.trates of this town, for selling broad short •of weight. On Saturday evening, the 11th ult. some thieves Istole, from out of the carrier's waggon, at Rattle, belonging to Mr. T. Smith, a black leather trunk, .enatainrng a variety of articles of wearing apparel, with which they got off undiscovered. A reward of live guineas is offered for their apprehen •ion, aver and above the sum allowed by the Nintield Society, for prosecuting thieves. Saturday evening. Eilvali liagaint and 1)(17d Leek, waiter and hoots. at the Norfolk Arms, Arun del. were committed to llorsham gaol, charged on the oaths of Robert Burfield, and Sarah his wife, with stealing a large quantity of wine, the property of the s a id Robert Bur6eld. They were committed by WILLI/1n CA ILLTOII. ESQ. The laudable attempt of extirpating women of a certain description from the neighbourhood of Lel eester-square, has been the work of the !simper of ficers of the patish.—lt has not proceeded from the Society for the Suppression of Vice. (In Sunday afternoon, as a pasty of the Cumber land Rangers were passing through the little village of Uppetby, about a mile and a half from Carlisle, on their way to WoodsiJe„ the appointed place of rendezvous and exercise, 'several of them 'witnessed an event of a very awful nature. As a young wo rn-in, named MARGARtT Si mrsow (impelled. no doubt, by curiosity, having also a brother in the "In), was hastenin g towards t h e d oor to l oo k a t them, before she had inite reached the threshold, she feil down and instantly expired! LAW INTELLIGENCE. COURT OF KING's BENCH, IV - LSTMI2iSTIR, Nov. 13 Almost the whole of this day was occupied in healing law arguments upon spcial cases, which had been reserved for the opinion of their Lordships; the greater part of which would prove unentertain ing and uninteresting to our readers; we thetefor,f only give an abstrat of those most worthy of notice. TOLLS The first case for the consideration of the Court was a question upon the payment of tolls, on the sale of corn and other grain, in the marketplace of Tewk sbury. The anion was brought in the name of the Bai liffs of Tewksbury, for the recovery of certain tolls claimed by them, as their right of franchise, and payable upon all corn brought into the market, by the buyers and sellers, who were not freemen. This aaion was brought against the sellers, and a verdia found for the Plaintiffs, subjecl to the consi deration of the Court. In former days, it was the custom to bring the corn into market in bulk—but, for thirty or torty years back, it has been the pra9ice to sell the com modity by sample. In this case, the buyer (lot being a free.nan) brought his sample into the market, but delivered the corn in bulk, at the wharf, out of the market, but within the Borough ; he then refused to pay the toll, in as much as the corn was delivered out of the market. Die question before the Court was, whether the Defendant, not being a freeman of the borough, could buy his corn by sample in the market ? and, upon the delivering it in bulk, at another pl4c , f, was he exempt from paying the usual toll, by which he had committed a fraud upon the Plaintiffs? This case had been before the Court last term, and was returned for some amendments. Mr. Aa co t having then been in part hearth in argument on behalf of the Defendant, the Court ordered, that the Plaintiff's Counsel should first proceed. Mr. Put. Lan, in a most able and learned argu ment, contended, in the first place, that the action was properly brought against the hu yer, whose dut y it was to pay the toll ; the seller had aZted as all other persons in his situation, selling his corn by the sam ple —no action could, therefore, be brought against him, as no fraud was imputable to him. He next contended on the right of the Bailiffs to receive the toll, and the fraud committed by persons depriving them of that right. He supported these proposi tions with many able arguments, and cited a num ber of rises. Mr. A limn, on the part of the Defendant, called the attention of the Court to the averment in the de claration, which stated that the Defendant, not being a freeman, did fraudulently sell to another person, who WAS also not a freeman, a certain quantity of corn, and by trick, contrivance, and stratagem, de frauded the Plaintiffs of their toll. He stated that the queation wa , , whether the toll was payable in specie on delivery, or not i and, if so, the Plaintiffs mi 4 ht have d strained for the payment of it: if not payable in specie, the refusal was no flail,' upon the law. Lard EL I. ENSGROUUII —" Is it wt a fraud upon the public the not bringing the commodity into the market for public examinatton and detetion ?" Mr. ABBOT replied, he was then :aping for the buyer, not the seller; and their Lordships would not infer a conspiracy between the patties. It was the loss of the buyer that the article was not brought into the market in bulk, as he loses the benefit of ex =Motion, and must buy as well as he can. It could nut be contended, that if he had gone home to the seller's house and bought the corn there, he wniild hove any light to pay the toll: upon the whole he submitted that the Defendant was not charge able with fraud, in as much as he had only done that which he could oot avoid. TheCoui texpressed awish to know whether it could be 'hewn that this was a fraud upon the individual rights of the Plaintiffs, and whether it was, or wi, not, a delivery within the local limits of the market? how this was All evasion of the market, and amount-' ed to a fraud ? As there were several able Gent. on both sides 01,sus. „Kafir, GA kROW, Gangs, Ser jean' Wi LL i A M , , &c. &C.), the Court wished to hear it further argued, and postponed the further consi deration of the question to a future day. Wunt.NORTII r. MEADOW!. This was an anion for scandalous words, to which the Defendant had pleaded three several pleas. To these pleas the Plaintiff demurred. Mr. Sc A a [Ai supported the demurrer, in a very able argument. He stated, that the words charged in the declaration were : .4 that he the Defendant caused it to be believed that the Plaintiff had com mitted an unnatural crime, and that he was wholly unfit for the society of man." He had been pro posed as a member of a'Society of Engravers; and the Defendant further declared, 4 , that his charaAer was sn infamous, that it was an insult to the Society to propose such a man ;" he continued, .. I will pursue and hunt him through the world ; and if his name is enrolled in the Royal Academy, I will have him dismissed, and will not leave a stone unturned to publish his infamy. Delicacy forbids me stating the particulars, which were conveyed to me by a child of nine years old." The Defendant had pleaded a justification, by which he stated. th at Joseph K. Meadows, a boy of nine years old, did tell him sn. The Learned Counsel contended, that he could not justify, in the first place, as he did not give the name of the author of the slander, when he first spoke the words ; and, in the next place, he had aelcsl and propagated those words upon his own authority, thereby giving credit to the report. Mr. Braeowts, in support of ilia plea, contended that the declaration was bad ; in as much as it was absolutely necessary to state, that the words were nut true; that the charge, independent of the ins redo (of which there was none), was not aaionable ; and further, that the words were not altienable, as they did not point to a certain crime. Lord Ekkcesosovnit.--.. This is a demurrer to certain pleas ; and it is contended, that the count in the declaration does not charge a certain crime, and that it is unassisted by an 'amend°. The only question is, whether, in the plain and uhviimi t-ense and meaning of the words, thc crime may be im plied ? could any bye-stander hear them made use ot, and not infer the real meaning ? I think the jostiti cation insufficient, and toe Plaintiff is entitled to judgment." Mr. Justice Gaon thought it impossible that any man could cl,.ubt the true meaning of the words. Mr. Justice I. tVRENCE said, he remembered a case, when a man was indided for cutting another's head in two ; one half fell upon one shoulder, and the other on the opposite. It was there contended, that the declaration WAS had, in not haviaz stated that the man was killed. In this case, if the under standing of man was not perverted entirely, the crime must be imputed from the words ; they could put no other explanation on them, different from their cornmeal acceptation. Mr. Justice Le BLANC entirely agreed with his brethren, and the Court pronounced the pleas in sufficient. WYNNE V. RAIKES AND CO, This was an action on a Bill of Exchange for 5001 : and a Verdi& was found for the Plaintiff. The cause was tried last Sittings, and was nearly as follows : the Defendants were the known agents of Mr. Aguilla Brown, residing at Bal timore, in America, who was in the constant habit of drawing upon these Defendants ; on the 2d of January 1802, he transmitted bills to the amsunt of 50001. to be accepted by the Defend ants, among which was the bill in question. NVhen presented for acceptance by the Plaintiff as the holder, the Defendants refused to accept, alleging, that some derangement had taken place in the affairs of a party who was to give them provision for those acceptances, and until the? should have provision in hands, they would not holiour the bills. Some time after Messrs. Raikes and Co. wrote to the drawer, that they would accept and pay all those bills. This letter was delayed in the passage, and the Plaintiff had no intimation of the intention to Accept and pay the bills until after it had arrit-ed at maturity. Upon those grounds the Defendants contended they had no right to pay the bill, and a case was made at the trial for the consideration of the Court. The question was whether the Plaintiff had a right to recover the bill against the Defendants, they having first refused to accept, and the promise of payment not being communicated till after the bill strived at maturity ? Mr. LITTLEDALES, on the part of the Plaintiff, contended, that the acknowledgment of the receipt of the bills, and the promise to accept and pay them, was sufficient to bind the Defendants at any time. He cited many cases to shew, that, to consti tute an acceptance, it was not necessary that the name should be put upon the bill, a promise of pay ment was a sufficient acceptance. Mr. Pu LEN, on the part of the Defendants, con tended, that it did not amount to an acceptance ; there were a direst refusal, as well as promise ; the latter had not been communicated to the holder, till after the absolute refusal to accept had been given ; that promise was only made to the drawer, on con dition that, when there should be funds in their hands, they would accept ; and lastly, he contend ed, that a promise, amounting to an acceptance, mast go so far as to reduce third persons to take the bill ; and, therefore, whatever might be the riglA of the drawer to recover, the holders had none un der such circumstances. Lord EL LLNUOKOSIGH•-•" A refusal to accept, but a promise to pay, is surely an acceptance, and operates to the interest of all parties concerned. It is for the benefit of commerce, that persons should be strialy held to what they write or promise, on those sublets. It has been long held, that an ac ceptance °nal made, cannot be retraced ; this has been bid down by my Lord Mansfield, upon the best authorities." Its Lordship then expressed a wish, that the question might be shaped in a case for a special ver- Mr. ERSKINE, on the part of the defence, ex pressed, with great deference, his doub•s upon this case : he said, he should never presume to put his opinion in competition with their Lordships ; but as they had not yet given judgment upon it, he took leave to observe, it WAS a case of very great mo ment, and well worthy their Lordships' deliberate consideration. He admitted, Lord MANSFLELD was a great man, and a great lawyer; but in quoting the opinions of those great men, people were some times led into an idolatrous persuasion of their in falibilit y. The Court then ordered the cause to stand over, until they should look into the several authorities, reported upon this question. Mr. ERSKINE moved for a Rule to chew cause, why a warrant of Attorney should not be delivered up to Mr. May, in order that the same might be cancelled ; the condition of it having been fulfilled on the part of Mr. May. Mr. May had entered into an engagement with Messrs. Hartsink, Playfair, and Co. in 8,0001. to cash all their bills to that amount, for the term of seven years. The latter, soon after, were embarrassed, and applied the money they re ceived, otherwise than in the payment of their bills ; they afterwards became bankrupts, and May had to pay the outstanding hills; so that, instead of being any way deficient in his part of the contrail, there WAS a large balance due to him ; and having fulfil led all the covenants of the warrant, it became void. The Court granted a Rule to shew cause. Mr. Glass applied for a writ of mandamus to be direaed to one Thomas Hughes, requiring him to declare why he claimed to be admitted as a freeman of the borough of Carmarthen. This, he stated, was one of the cases of a colon, able conveyance —Rule Nisi granted. COMMON PLEAS. THOMPSON V. GRACE. Serjeant BEST moved the conditional Rule for a new trial granted in this case should be made abso lute: it was an attion on a policy of insurance against Ole Underwriters, for the amonnt of the vessel called the Grd Ndsus, which toundered and sunk on her voyage from Oporto; the defence set up by the Underwriters was, that the vessel was not sea worthy when she sailed from Oporto. Serjeants BAIL Y and SHEPHERD opposed the Rule being made absolute ; stating, that at the time this aelion was brought, there were three other adions of the same nature depending ; the parties in these aaiiins agreed to wait the event of Thornp son and Grace, and to abide by it; accordingly it was tried last Term, and the Plaintiff obtained a Verditt ; two of the three aaions were settled cc cinding to that verdict; in this the Learned Ser. . - ME.1i.......... PMFvf , "!..•••' - • • [ jeants argued, that the parties in the other a!tions being bound by that ver.liCf, it in some mea.are bound the parties iii this ad'on to abilk; by it also, ;I'he Chu it r thought th.. partiei l:1 the o:he aCtions were not bound by the event of this ; ba t, that if on a re-hearing, the Verdi et was reverse the settlements in the tither anions should be resf versed also. Rule made absolute. ZING V. ANDREW BRANDON. Serjeant BEst moved that a liodens corpus An be granted to bring up the body of Jane Knee, anti infant : her mother had placed her with Philip and Harrint Le k'evre, who agree I to keep her for the sum of eight shillings a week: the had remain a al there for sometime, when her reputed father, Alex ander Brandon, found means to take her from under their possession, and placed her with his cousin, ' Andrew Brandon. The mother, on missing her child, went to the father and demanded that she might be permitted to see the child ; she was tole, by him that she might see her whenever she pleased,, and that she was living with Andrew Brandon, i d Susannah-row, White Chapel. She went there A':.• cordingly, but Andrew Brandon totally refused give ing up the child to her, or even so much as to let her', see it. ' • Sir JAMES M s ssr mils having asked was there any case concerning a natural .1111.1, the case of thin King against Soper was cited, where the reputes' - father having got possession of the child, an habeas COI* I IIII was applied for, and it was adjudged dui ii mother should have the care of the child.—Granted.' SARROW r. READ. Serjeant SHEPHERD moved to chew cause against a conditional Rule, obtained by Serjeant Bur, on Thursday last. .. Serjeant SHEPHERD opposed that motion, mi: grounsled his opposition on an alleged contradittion in the affidavits sworn on the part of Mrs. Read, and, on affidavits sworn by Mr. Barrow, and his attor ney, Mr. Cockayne. Serjea:e. Bcsr then moved, that the matter should be referred to the Prothonotary, to enquire whee l sum was advanced. It was so ordered by the Ccurt, and that Mrs" Read should pay all the costs, as between atturnet and client, if found to be in the wrong. POLICE. lIIATTON-r; g: , 11 • On Friday evening last two yc.tin,.. . charged before the magistrates by L. • - of St. George's-fields, with having rerCl• 7 a. in bounties to serve in the Royal Flora- : at Woolwich ; and afterwards des.rrt.,O. cipal witness nut being present, they were co-r.n. ! to the I louse of Correnion until Saturday, when .! r were again brought up, and were &mined and . .c . ' Judge's warrant, having been inclined at the !act Sessions fur wilful and corrupt perjary, having polled at the last Middlesex Elenion for a hloinber of Parliament, not being duly qualified. They were taken by Habeas Cornea before the Judges, by whom they were fully committed fur trial, fur won of sufficient sareti;s. SHADvrI6I L. Yesterday a Chinamti, of the name of Arpanr, being sworn agreeable to the custom of his country, by taking a China saucer, and striking it violently against • piece of iron, by which means it broke into a thousand pieces, wishing that his body min break into as many pieces, if what he was goitg. to say was not true. He stated, that he was entice! to a house of ill fame, where he was robbed of ie- venteen dollars, by a woman who had absconded. The landlord of the house being concerned in the transaaion, offered to compromise the business, !slit the Chinese held him fist until an officer arrived, who took him to the Office; where, from circum stances that appeared, he was sully committed to! trial, and search is making tier the woman. THE 71" RE. SPORTING INTELLIGRNCE PSTRA. NEWMARKET CRAVEN MEETING, 1905. MONI/AY. Mr. Watson's Trombone, ttst. 61b. art. Sit J. Shelly's Jull4 BA. filb. Abmgclors Mile, 1 Mg% h. ft. Doke of GrAitoti4 Penelope. Est. 71b. asst. Sit H. Wiliam son's Walton, Ast Sib. B. C. 2 O. h. ft. TUESD A Y. Mr. Mellish's Eagle, 94. 711). upt. Mr. Watson's Dread. nought, tost. 81b. Abingdon Mile, 200‘4, h. ft. IRtD•Y. Mr. Mellish's Eagle, 9st. 71b. apt. Mr. Howorth's Malta, Est Slb. Ab. M. 100 p. h. R. NEWMARKET P T LRST SPRING MEETING. ISO. MONDAY. Mr Mellish's Eagle, 2et.41;;;;;• Mr. Wyndham . l Ma anise, 74 6ib. Abingdon Mile, 200 gs, h. ft. Mr. R. Boyce`s Brainworm, bet. 310. art. Mr. Mellish% Diddles, 7st. dalb. Ab. M. 100 gs, h. ft. A most singular boss nature has been produced by a cat belonging to a person in Carlisle. 'flit head, which is nearly twice as lame as in an ordi nary kitten, has the lower j.tw divided in the midst, and each division contains an entire untie. From the breast, the body branches out into two parts ; each of which *sadly resembles the lower parts of a proportioned cat. consequently, it has eight legs, two tails, and two tongues. This natural pheno menon has excited the admiration of all who hay. beheld it. On Wednesday sennight, three bullocks were killed by lightning, in the parish of Temple, near Bodmin. The flash first struck a tree, which stool on a hedge, and shivered it from the top to the bot tom, dividing the hedge into two furrow in the field of several ysh where the bullock s stood, a nd the spot, without leaving the slighl a wound. Last week three private; of the goons, lying at Ipswich, &stated and accoutrements. The 7 were time afterwards by several of the ent dire lions ; nue party of whi, thy had only left Thetford about them, previous to which they ttad horses, which were found near Star into B,1•y on Saturday morning. pistols, which they loaded boors ford. o part.c,.m•tde a deep I yards, to the pla d killed tbrni U gh test appearance he 5111ILLight Drs. vrillpheir horses 1, re pursued a short regiments in ditit.r. vich discovered that 1 , nut sn hour before • J Abandoned their tanton, and brought 4 ` • but retained th, it re they Lett Thstis