The British Press; or, Morning Literary Advertiser. — London, England, 1818-11-19 00:00:00

P fi.p r t" C - 7 . --7-7 Z-- .. 7: -. . 4 :T" - -,.. s file ;Wj . :J l 4 . 1. .-AMZ.... t. t . fei 40. i QUEEN CAROLINE. The following is sr. account of the interment of George M.'s Qiieers, who shed at Ss. James's on the 40th November, 1737 : •—• Ott Saturday, the 17th December, 1737, the 'body of her late Majesty was interred in a new vault, in King Henry the Seventh's Chapel. The procsrau was from the Princes' Chan?lser adjoining the House of Lords. tier Pell was supported by big Dukes, viz.—the Dukes of Itichmotail, Mon tego, Arg)le. Buceleugh, St. Albans, end Kent ; and her Royal Highness the Princess Anielia was chief mourner, supported by ten Dukes, and her train borne by two Duchesses, assisted by, the Lord 't u bed Minitagu. The Queen's Vice-Chamberlain and six Duchesses, and ten Countesses, were assist ants to the chief mourner. The burial service was read by the Right Rev. Dr. Wilcox, Bishop of no cheater, end Dean of Westminster. After the burial sersice was over, an Anthem, set to music by Mr. Handel, was performed by upwards of 140 hands from the choirs of St. James's, Westminster, St. Paul's, and Windsor ; and then John Andes, Garter King at Arm., proclaimed her late Majes ty's style and titles, viz.— "That it bat *leaned Almighty God to lake test or this transitory life, s, hie Moles Merry. the late Moot High, Most Mighty, arid Most Escelleet Print-ens Caroline, by the Gram sit fled Hems Comae. of the Moot High. Most Mighty, not Moot Eseelket Monarch, George tie hewed, by theGroce of Gad Klee it Great Britain. France, and Ireland, Minder of the faith, whom Gud bless and pee. serve with bag life, health, and Miaow, and all middy hap. pintos." The great bell at St. Paul's, Bow. and St. Bride's, and several others, tolled from vitt in the evening till ten, it being during the time of the procession —and the guns at the Tower were also tired by minutes. The same day the Great Standaid f England was hoisted half way up the staff at the Tower of London, on account of her Majesty's funeral. All the ships in the Rife. did the same with their colours. The following is an account of a Poise 'report of the death of GLOSGIC she Second's Queen : *os the Mk August, 1737,a man well dressed, on Wiese beet, rodeos fast as passible from Fulham along the Klee. Ross, who celled sot to she keepers of the several turnpikes, whey le was at soma distaste from thews, to open their gat", telling them he was a messeoger, and was going to St. James's with an accusal of her Majeety's death, which alarm keseotly took wind, and was spread axial the town fur trifle; orhereapoe a Alesseuger was immediately dis patched by his Royal Highness the Prince of Wide% to Hampatin Cowes, who soon returned with the agreeable News, that their Majesties, sad 4e rest at the Royal Family, were is cowl health. Upon the above report several woollen. drapers went and bonyht black cloth at Blackwell Hall, and some considerable mercers dispatched immediately ca mases to Norwich, to hay up Hacks there, said several of tiles wedt ink, Spitalieldsio heepsult silks, grey late. striae's, LC. sad blacks era ,gyqu y awe 10 per teat." A worthy deacon in New England is - Mitch et. feuded at scone wag for the following announcement of hi+ marriage:— " MAIMILD—Mr. Notliab Drew 'to Miss Dorothy Aa dreir. • Whew a virgin becomes a saarriadsate, She lusts her lovely mantra war, But no such toss lucky Dull befell, She has merely lust AN Jiancita." bitly Lucy Cutts was not on her way direct for 1. lon, when she was suddenly taken ell at Pershure, Worce+tuniliire,und 41elivered aMI and heir, on Friday Week.' Her Ladyeltip had left Oakley Park, near Ludlow, the preceding morning, fur Hartle bury Palace, the rent of the Lord Bishop a wok. tsrsk, albeit they proposed to Itlll4lll • short cute int their Way to Loudon, previOes to her Lady confinement. We have the satisfaction to add, that the lost accounts left her Ladyship nod' the arta as well is could Possibly be expected. The Call at the Astembly Rooms. Truro, on 'Choral:lay ev g, was fully attended bx the most tailiabitauts4 that town. it was also I cured with the presence of Lord and lady FA LMUUTB Sir WILLIAM and Lady La4era. It is sonieteltat remarkable, that Dandy-Lion (as the king of the Dandies is collid) boiquieolly coo- e ueied, menus--Forkoitia or Bride- Weed ! Nlr. FINCH, of Birmingham, has obtained a 'vent for improvements MI bridles fur kor'sev, which lie intend. to drnotninute PliiltudArvpic Bridles. Mc. CAMPBELL. the author of 4' 'lle Manures (1 . !lope." &c. .s now delivering a Courae of Lee tows on Purtr), in Liverpool. F:+rl (itto•vEsott has this sea•on, is leis pinery a. Laton.liall, a second Crly ol lel pities, most a !Lem larger than those of the first produce. A Free.cli Paper, quoting the number of sheep a and Oxen slaughtered in the conese of one year, in I.iiiial ..... oloerves, that it may het t to give **some Idea i,f the untidier of cutlet• a nd batftecks" {beef steak.; consumed in the same period. A new invent..... is announced, which is said to «rawly supersede the sieeersity of brains ! It is uslied the Literary Kaleidoscope. rod is intended tis mini/1y wale ideas the Statesman. the Lawyer s the Alen of Ilasinewa, and the I.oVer ! The celebrated composer BICETHOMN lives in 11 1, e vicinity of Masdling, twine leaguer trout, Vienna. Mr. W A i.bAt k concluded liit engagement at the Thcatie nu the 5111 6114 to rate filsracter of 1i chant the Third. 'file Nese:Dile theatre choral nu Wednesday might last, when Mr. &11•Caxatoe's lease expi , eal. The house wus rt.spectsbly attended, aid! the Nin' nager's farewell address called forth the gird expressions of regret and approbation from a synw pathizieg audience. Mr. l i t/Plc.—lt wiry well be asked why this actor, who had begun to asstinse rtotrwrters well fitted is his time ull' life, and whs, by hue tile " 1 " 1 " 1 expetience, might Ire a valuable addition to the Lntnluu Stage, is without sit engagement at either Theatre? Ilia Cardinal Beaty - wt, last season, was as line u Ipteninell of theatrical bk:11 us tier vatilic has CVer TO THE EDITOR OP THE ERITISH PERU. tat—ls reference Se the scooklese sapetrietic dispute which has lately bges politically got up, I thigh it ornately requisite to observe, list emery Eughlbasso who gesmosly sympathise s wish Ohs remises of Illeitth.Amsrice, mum Is mewl that say pettilletessiSerstious should giveMse to the slightest misooderstiodlog bmweemtlie Aram she are or - therised to reprises* Use diarist Republic of that mites. sire Country, to she iojury Hof the glorious eases is which they Noun ergegeS sad islkrooled. The Agent of the Seediest Powriimes of New Grosse% tiiskY it his duly, sib Patrqst s io dolls@ mil seeiresersy es this subject ; but he ti prepweil to earths meet satiMbewitY etplarnetiois to thew, whit, by set ways *shirting is the Caste of hi. Coutdry, bares right le expect it from him. 1 hare NM bosom to he, 'lir, Tim elbediest humble &PTVSNi, „ JOSE MARIA DEL REAL. Leedom, November lb, ISIS. THE CHASR. 0,, —wow— flaterrlay teat, ea Sir Grarge Sitwell's harrier+ were try log Hawgiesg-ler-wuud for • bare, they nuespectedly saltmr welled a fox. Alegmerd went away i■ (idlest style ever the coositry to Meabmiagb ; from these* he passed Plumley and look through Eck legion woods, Where, being lisrd premed, be broke cover gala, mossiag the tmeatry to lace.pieee.woo4l. He was hem viewed shove half a mile, when inking over Brumley Moor, isemly to Chesterleld race comer, he was beaded sad Obliged to crass the country toward. Mouse park wood. Reding that he could not there live before the hounds, he scut away fur the Chesterield camel, intending so cram It, list brfore he could glair his point, he was viewed by tiles hounds, sail' run into is greed style after an bur and a half's rim over a heavy country. Sir George Sitwell, with two or three other gentlemen sad lb, hualmea v wive all that got up at the death. THE HERRING FISHERY. Nearly all the fishing boats frees the Yarmouth herring fishery arrived at Whitby, on Tuesday sensiglit. They have bees spot she whole very sumensfel; one beat having obtained 30 last, sad several upward, of to each. The price per last this year has been St, besides OW. fur each boat steerage emery. The anunber of heats free Whitby, Robin HOW'S Say, Renswieb, and Smiths, is M. Each beat car ries sit men sad two buys. The Huse nasally employed is Asking is about sus weeks. &apposing then the average to he IS lasts per bum, the asesaber ed Impala IC at W. per last, and M. nod best sleeved, uneasy, the Mal predate of the Ashety to the lisbersomi this year, will be 11,0111. ! The pm mods of each fishing espeditien is divided into Ws mud a half aborea.—one share is assigned tithe owner for the beat, one share to emit of the live mew, and the half slime to the sixth man. A new boat mete abontlWel. besides 1001. for &Wag Tear, or M. per seamen& at the Ave Men ceatri►ntiag his Ware of labia, entitle. A last of herrings is 10,500, reckon ing six were and twelve le the hussar* se that a last is, in fam, 13,10.50. It thirds!, appears, time according ti the staled average, the astonishing •ember of 111,1144,1100 her rings ►ave herr taken by theme Id home, is the sheet space of six weeks. /ART SUICIDE. thews Tho Nomadic agniele] For same time past rumours of a wont shetekiug occarreace hairier taken place is the county of Northisnibrrland, have bars current is this towel, sad we are sorry to agate, that they have proved to he but too tens. To oar peat surprise we have ant brand a ward upon the subject front say of our northers correspiludents, bat 'rebate?. the fallowing par ticulars to be wearlycerrect . :— Os Tuesday last two Walters, of . ths none of Young_ husband, resipactidie tendert; vaiidltig at Meekly" Grange, sear Alawick, were footed lyiiig dead is ewe of their owe fields, with their threats int. Iu the course of the after stiou.'sor of thew had been soperintendlag theses plough ing, and had given the saes orders to unyoke their harm, when be was called iels as atrjoieisg field by kis brothero— The stew aeriesdiagly *eat home, and MOO tints havirit elapsed, and their masters not cOushag house at their uses. hour, search was instituted, when thriy bodies were found, is the laid Into which the sae brother bad called the ether, tying widiiii twenty yards of sorb other, with disk &Nob cut, and a bloody reser lying at the side of each. A Cveoser's Inquest wan held out the Maks ow Wednesday, and sat till owe o'clock oe Thursday osoresing, whew it was adjuaraal. It agaia met ea Theraday, Cud sat the whole of that day, and was again adjonnued. The deceased 'weseisperartia of ad yews of age, in alluent circluaselaaces, and enselpetelde composioss. EXTREME DISTRESS. An inquisition was glign minds, afternoon hefure Thuds, Natt.rom, Esq. Girona at the Eagle sad Child. Shue.lane. on the body of Eleano r Newman who wig found dead, on Tuesday morning last, ender i @tattle Fleet-market. Mrs. Martha Widen, landlady of the Goddess Key, Fleet. snag keg, deposed, that so Monday night, abseil nine o'clock, the deceased cams into her hones and asked fur a glees 'of gtii ; she seemed very mach agitated, sad bunt into tears; she afterwards took soother , glass, and asked witness for a piere of bread, which she wive bet. The &leased then ii. formed witless that she was in great distress • her bus. hand had d o se. tea her, and she had no hems to ;better her. Abuitt eleven o'clock maim. eight the deeMdeel toot lota witneloe's house again, sad asked for a gbas aim of gia ; witness informed her that she had *ma eithegh ; Acre plied that she wiss pedettly sober. The *ended went colt of the her and about amen u cheek ow the followilit morning witness beard of the deceased's death. Mr. Wittion, mimosas in Fleet.marktf, depeird, that on Tuesday mu ruing, shoat live o'clock, bells. in Flemmsarker, and saw the decries-a hying under Mall No. 2 ; her 4,4 y was reposed to the weather, and he covered her; she was then esker, lying too her fade. Wiliam wont again to the de- Mama in an hour after , . and sew bee lying in the seine place ; she b reat h e d very bard. About half-peal six o'clock the deceased wail discovered to he dying: a surgeon was sent far—but it 'was a quarter past *even before any espial ante cense, and the dreemed was des dead. Witness had frequently wren the decemed tying about The market, but had , resailvtil Out to interfere, because a short time ago he saw • woman lying in the street in the mid. ilk of the night, in Holborn, when he told a watchman to take the person to 11. e watch-hollow, and he refused, and threatened to take site witness there if he slid nut gut about his lousiuess %Illness did nut hesitate to ray that If medi. amletanee had arrived 110Ulitt, the &ceased might have recovered. Witness gave a female a shake( to fetch a gill of wine, and she abocessard with the money. Mr. Moookhaso, Resistant to Meares. Wilmot. chemists, Ste. lloollsoros-hridge, depuorol, that he was called to attend the sherbert! on Totraday merging ;Seam her about a qn er ter met arrest o'clock; *he was then dead, and appeared so have expired *hoot des amianifee. die understood the tle reseed was in the habit at *Whist excessively; rf she was KO limier on Meade, eight, sad was Ames, lying on her face, he shooed think she wee suffocated by the tremor, °Here a kr she might have died frees being exposer, to the weather. _ . . - The Jury hoped that la future the matehunen of the mar ket would mot stiffer poor penman to he abated espossil to the aorlencmey of the anther. Mr. Lre, the Beadle id the Ward, stated tie the Jary, that it wits impossible tO prevent persons lying alien. the market; he haul taken between aft and SO persona, for three der me iotic whom be had apprehended in the saasket, before lag bird Mawr, soul still the evil existed. Vesilict—Died by ?he visitation of God. Then. is at preoesit in the garden of Mr. STFPIIEK K KMULK, at the Grove, haror Durham, s ha:IMM tree in full Woos LAW INTELLIGENCE. UNCEII.OIIII COURT, Wmanantaa WzairssatT, Nora es Is. Ray V. JOUST. Sir Amin tie !honon stated, that this was a bill filed spinet Abe Defendnut (or the 'Neale per formance of a contract. Iltibtlenduint had agreed to purchase from the resounded's!, of a Mr. Bunke', deceased, • certain estate, for which he was to pay Ilse sum of i. 600/.; h e afterwards re fused to copiplete the sale, on the plea that the Plaintiffs could not wake • geed title. and it. was sent to the Master to inquire and report if a good title was vested in them, and he hod reported th a t it was. The Defendant hid taken an exception, to the Master's report, cud it came before his Haunter ou that exception. Mr. HRSLIS, Counsel, for the nefendont, said, that the testator, by his will, bequeathed the estate to his three daughters Mod their issue, and also to the childrem of a deugtter,Who was dead at Mite time be made his will. His first ground of 'mew tiou to the Master's report was, that some of the children of the daughters were minors, and could not legally part with their isitereitsia the estate. Sir ARTHUR Plocors—" That is provided for by the proposal of sale, which allows the purchaser to hold iu his possession the respective unionist of the shares which the infants are entitled to. until they obtain the age of SI, ou his paying five per cent. interest." His Honour the Vice..CllANCel.'l.oli—"l thielt that objection sufficiently answered." Mr. Hx•Lo said, his uext objection to the title was, that the two surviving daughters of tile testa tor might have further issue, who would be enti tled to their aliquot shares, said they could not be represented in the deed of sale. Sir A. Pioneer—" There can be no danger from the claims of their future issue, fur they are upwards of 70 years of age." Mr. HittiLD-4 , In a legal view their great age makes uo difference. I believe it was never defined or determined, in a legal pond of view, when • fe male was passed child-bearing. Lord Coke did say, that if a woman was 100 years of age and up wards, she could not be declared in the legal sense to be beyond the possibility of having children. I confess myself ignorant ou the subject, and the only authority I can find is that of Lord Coke; and on his I rest my case, for if a woman of 100 years and upwards was not legally divested of the probability of having issue, it is impossible that a woman of 70 cam be. There is another objection to the title, for by the will of the testator the treated cannot give a receipt to the purchaser for the purchase-money of this particular estate, although that power is vested in them by the will for other estates." The Vaci-CHANcELLoa—'s Hand me up the will." Mr. &mg, Counsel on the same ride as Mr. "(BALD, said, that the first thing the Court had to determine was, whether the physical impossibility of a female haring issue after she arrived to the age of 70, could be considered as • legal impos sibility ; if the Court came to the decision that it was, then a question would arise, whether the physical impossibility was correct. His Learned leader had told the Court, that Lord Coke said, that a woman being of the age of 100 could not be considered as a legal disability as to her baviug children. The Vick-Cnaticzu.oft—' 4 As to the possi bility or impossibility of • female's bearing child mu, on account of her advanced age, this , Court never came to a determination. The only' instance of this Court's interfcriug has been, when a aim of money has been in Court, depending on the issue of a woman ; and when she bss arrived to the age of 70 or 00, without issue, the Court hes or dered it to be paid out to the expectant, he giving proper security to refund it iii the case of issue. But that question does not bear on this case; for on 'oolong into the will I see that the dougliters of the testator, with the consent of the children oaf their deceased sister, might sell. Their tltildree certainly have in interest, but it ass collateral one. I thought your best ground to suppekt the excep tion, Mr. Heald, warn that relative to the trustees not having been given the power hy The will to sell the estate, and give a receipt for the purchase money ; but that is made unnecessary by the will itself, in which the testae* declares, that his three daughters, and the children of his fourth daughter, then deceased, might sell the estate : and further. that they might sell their component parts without the consent of the other parties. Under those cir. cumstances I disallow the exceptions, and confirm the Master's report." COURT OF RINGS BENCR, Warriatsara, WrIDOIDAY, Is. Tag KING V. Tilt INHABIT•NTI 0/1 Rst!Moult. On • former day, • rule had been obtained to shew cause why the order of the Justices, for re. moving • pauper of the name of Driver. to the,po. rich of Oebenham, should not be quashed. The Defendants admitted, 'unless they could shew that the pauper's father had originstly been allowed to reilide in the pariah of Debetiliant, under a eerlifi. cute from the neighbouring parish of Kentluim, by which the former parish was exonerated from any burden which his residence Might appear to create, that then Orient's settlement was • correct one, and they were bound to provide for him. In support of their case, they did not produce such •Certift:. cute. bet they brought forward a bo o k, en titl e d, g' The Register," coNtaining a variety of orders and notices, amongst which, ender the date of 1771 s were found two entries, Cawthorn. with cert ideate from the pariab of Keatti•int. - Driver, do. Mr. NOLAN was now heard in support of the de vision of the Justices. He argued. that, if three en tries were allowed to have weight in the case, a would be a precedent for receiving secondary evi dence. Indeed it would be an encouragement for parties wieder ainitidr erroasObstailcira„ to fabricate deuce for thentgelves. Mr. SCAULETT, o,i the other side, contended, that the evidence produced was the best that could he °Gird, the origuial certificate bring lost, and ought, therefore, to be received. The doemneot, it also should he observed, was found in its regular place,oluongst other records of a wind ir nature--a 'cirenipstance that destroyed the idea of its not being "genuine. . The Cotner held. that the entry in question was undoubtedly secondary evidence—end that it would be completely contrary to the estuablished rules of evidence to receive it. IT it. were received. it would be sanctioning a system by which persons interested lit ones of this kind, might feel themselves en couraged to create evidence in their own cause. •c• BuLtocK v. croons.. .This case, our readers will recollect, wits argued before the Judges at the late Siii togs et Serjeasit's lino. Hull; but, being of great impoitatice. their Lordshipr desired that it should be re•argssed. The question was, whither a knot), ettaiiiird of Capital felony, his sentence having ,been, commuted, cooliracquire such a title in propertj, us to be able to maiistankin action in his own right., The Plano titriiiid been convicted of cosicealidg his properiy, he being a bankrupt—but the capital punishspeut woo remitted, and he was. trasasported to * New Sonth Wales . . He there received the Governor's Ikea*, to return to England. and wss pardoned conditionally—.but that pardon had not passed the Great Seal at the tissue he sued the Defendant on a bill of exchange. „A plea, in bar of his action, was patio. Itwas supported on the ground, that the Plaintiff having received no reguleriondon. mauler the Great Seal, he could not maintain his suit, his property. of every description. being forfeited to the Crown. Two questions were to be decitleil;: first. whether chaser, in action, after attainder of felony, were vested in the Crown, without reco very ?—and next. whether, iustead of a plea ill bar, it should not have been a plea in abatement ? Mr. MANNING yesterday, it great length, sup ported the proposition, that chores in action did vest iu the Crown. Sifter attainder of felony., utiles* a pardon were grouted under the Great Seal—and also, that a Wets in. bar. and not in abatement, was the legal course of proceeding in this case. He quoted very largely from Broeton, and other ancient writers in support of his opinion. Mr. F. Pott.ocit, coon:, argued, that the plea in her could not be sustained. Re chntended that there were no dicta, and still less decided duets, to prove that a chose in action. after attainder of felony or outlawry, vested in the Crown. All that could be said of the prerogative of the Crown in such a case was, that it extended to personal goods and chattels, actually in possession of the felon at the time of his conviction. Mr. MANNING was this day heard in reply. Ile did little more than recapitulate hit farmer argu ment. The COURT intimated, that, as this question was likely to affect many persons in society, they would take time to cousider it thoroughly, before they gave judgment. , . THR BING v. the INHABITANTS of BAMFORD. Mr. MARRBATT stated, that this was au appeal against the decision of the Magistrates of she county of Bucks in Quarter Session assembled. who had con fi rmed the removal of a pauper of the name of Smedley, to the parish of Bamford. Mr. 3ustice BAYLNY interrupted the Learned Counsel, observing, that the case laid before him was not signed by the Chairman of the Quarter Sessions. It bore. indeed, the strustures of the Coutirel em ployed. as if it were a special case reserved for their Lordships' consiskration. This Was a course wisolly unprecedeuted. The paper placed its hie hands merely stated, that the Justices confirmed the removal. leaving it to the appellants to apply for a revision of the judginent to the Court of Kutig's Bench. if they thought proper. Their opinion was wt. however, called for, in the regular way. by a document signed by the Cloormats—and no facts weee staled Su the paper placed before them. If. therefore, the fOurt prciceeded with this case, it would he a 'precedesat tor irregularities of every description. Mt. itchnth hoped the 'Court Would hire the tube sent back to the Quarter Seisions, in order that it might be wore regtilarly stated. He hoped the parish, for which he uppeorid. would not be ousted. in consequence of ati informality which had occurred at the Quarles Sessions. The Cs:Alia directed that the 'case should Stand over. Chid Geutlecuen would then have KO opiiortu 'My of applying to the 'Court of Session to put the atatteela a proper Nth'. On affidavit being made, the present return might be taken from the tile, and a worm reliular form substituted. This was all the COurt could do. 'MAN DAUM. Mr. MARRYArr unwell for a rule to thewettoc why a writ of stomiustme should not be directed to the Mayor and Janata of the Borough of New Rom. ney, ordering them to admit Mr. John Sawyer to the freedom of that Borough. There were a Va. riety of modes by which a person might beconie entitled to the freedom of any of the Cinque Ports, and. amongst the rest, of thellorough of New Item iiey. One of these was, the resitleoce of a person, for a erratic, period, in the town, mid Ms pnrchise of freehold property to the amount of 40s, per annum. Mr. Sawyer Irst gate proof of the gene. nil custom, its extending to the Cinque Ports, and applying to New Romney; newt, of his having re. sided iu New Romney; and lut, that he had mei. quirrd freehold peoliertY there bed the amount of 40s. per annnin.—Rule granted.. Mr. Casimir moved for a rule so die, 'emote why • Neowelawale should not be directed to the Commis. Rimier. 'appointed under the New Street Act, cow. minding them to isstie their writ to the Eailtif, in order that he might eisipminel a Jury to memo the damages sustained by --- Ellis, iu consequence of their proceedimes. Mr. Ellis gave them the re gular notice., lavt )ear, that he had fu.tained di. 'nage to the minting of i,0007. The damage complained of was of the desctiptien for which the Act of Parliament provided. Mr. Ellis formerly resided iu Piccadilly, and the home neat to his being in the direct line of the new street, was pulled down by order of the Commissioners. This operation atirscreel Mr. Ellis's house very 'smelt— ia couiegurfice of one of the walls felling down, he had been obliged to gen.—Rule vented. Mr. %VIM LI A MS moved for • rile to skew ~.use why Robert Rinses, 1141 attorney of the Court, should pot pay over time boos of lAN. to a lady of the tome ufStultes, and also give up to her all papers, in his posaession, connected with het' af. fairs. This reittlemais lied hens employed by Mrs. Stoke', out, lie L.liritd, to rusticate any tkoksi, • • r. • • secs lei k-olln, snd, to Jane, 1 . 317. lie was tag* to butte 'forked WO/. ais liar otecuilt. Air. Jostler . 11Airt.E.V Inquired. whether this snowy was rccorertti is. soy metioicbruliglit in that Court ? Mr. %Vir.i.`fams answered. iluit it ona not re. coarred iss ruy eisuoe--hist shiwirtit e that Mr. Barites war an 4111/11117 of the Cusiri. Ti le C HIEF luefitg.." %V. interpose. unless the person 'unveil ugliiiibt lb.s acted in hi 4 character 14 iittorury. Ilea, itua'tver. he appeals to have he ! ii • !nese agent." Rule refused. ItOVII. Mt IVI . LEG E. Mr. ScMtr.ttr iiiii veil tar .; --- rtiT; taw! why a geasolesseati, of the name of P.tget, out be discharged riot of the ,•u-tudy of the Sh he haviug beets arrested fur 41rlot. lie furosiled 'outwit on oloselo started, that Mr. Pwgrt was a Graqemais of his Majesty'. Privy Chitinbey, aud therefore proveliged fours story!. Throe at.. davits. if the Court thought it urt: iii rrr y, he would read Au their Lunn:hip". Th . it C oowr did out deem it ittee.mure to hear the arfidivitti„ it. the first tantalite, and grouted the rule. COURT OF COMAIoN PLEAS, I'Vrrrmiscrrap, WstlitLlPDAir, NuVrms.v. s roinEßoiLL r. wAvre:q. This was au argument oil a demurrer to s &cla mmy. The Driendslat had etioged wuh Me Nandilf, is Capti.n of a trading sositel, to aril err Havre de Plotter, purchase and slop sit pipes of brandy at Ins own COSI, and ns'y all other expeostes on the transaction ; to be refunted afters:at& —to carry their to the island of Tercera, or St. Nliclosel, dispose of them titere at market price. mod then to receive a homeward cargo of fruit. The Pl:Ciotti went to Tricera without bringing any lefintly, goigt .toted IVY 11114AM...160 in take the caigi. of Coil; but the Defendant's agents refused to liSsoisli I stills it, lb lie had not complied with what they coot:roved the first pin of the contract. In entieroporticr, he return e d with his ship empty, and lormight an action up the cliarter-pyrty against the D e l gteo l so t, for the freight hon'svarof. The Defendant had commenced anothrr action soloist him, fur breach olcovenatit, in lint purchasing the loraroly. Mr. Serjeent Loth, fa the Defendaut, armed the demurrer. Ile contended, that the declare= lion was insufficient to mosintaiis the Ut!tioni, soils -11 as it eaerely set forth in gelierill, that the Plaintiff hail dune all drat way toossdole towards pei forming hilt part Of the coutracc—wherras it solitnild state in express fern's. his purchasiog and carrs nog out the sit pipes of brandy—that bring a con dition prtkedent, and therefore requiring to be particuLirly set forth as executed. In support of his opinion lie referred to 7`th tale, I la. Mr. Serjesist Vsti(fit•k, on the side, said. Slut what swab required by his Lrimiril Brother, was unnecessary, es the purcloose of the Mandy was not a condition tireeedeut, bat nu `indepeudviit covenant. The other party might itiaintrin VII SC. flout of covenant nu the failure of it, and there wait in point of fact Such an arctic* new pending--- Mr. Justice YAK& Soy nothing of that, Bro. ther, we kutiw tiothang of it here." Weil, he should it least Vey, that such an action might be supported. The construction' of the agreeritent soma depend on the reaseilableuess of the thing. 'Flue burden of ve,:srl was 93 tom ; it hid been stipulated to takeMit only six pipes of brandy: it was impowible tlast these could have. furnished funds for the whole of, the litionewara cargo, sod therefoce the tieglectiog to 41 0 50 w as not • reisixt why the Captain sh lit Tose the whole freight. in the cosie of Aorta emit /lye. toed Willi. field had laid it down, that where the first cove -omit did toot go to the whole of the considerations on which the "contract was made, it *as nut IV be cousidered /I CalldllihlS llt !Ted - tilt. 110 that the performance of it Was isidistwoisable to 'iusifotain isio action for the breach of the latter 'part. The hitter action ;Might be sustained, and an actions of covenant be brought by the other party fur the failure of the first. The CHIEr Jurrice sai.l, le appeared from a note in Bluckrtume's tieports,' 'ha Lori Loughbo. rough had adopted all the reaouiug of Lord Mans.. field. Mr. Serjeatit Lie% replied, that hie Learned Frieud had cited principles against which he did not at all mean to argue. In the cues lie had re ferred to, the vortges had been Wholly independent Of each other. But the transactions binned but one plan, the parties did not ainkratand the sailing out and tetueuing as two voyages, but were per. Italy aware that the attcond voyage was connected with the first. and arose out of ii, and the ()d ry should have alleged his - substantively perforating bis part of the contract. The CHIRP jiurrlce said that the 'only question in the case was, whether the taking the brandy un board wits a condition precedent, or a distinct If it was a condition precedeid, the peifurti, ante of it ought to ha* been alleged in the ration—if it was • distinct boventint„ au Echo's of covenant remains ft* the breach of it. It hrenti the agents refused to deliver the frait ; his brother Lens's irgu*!ent would have the effect and route whether he took out live or none; he was tnoy able to make ally diatiuction. It appeared to hint that the taking the brandy did not go to the whine of the other 'cotenant, but only, a part, and that it was a *condition precedent, bet an indepesidritt retirement. That sees his opinion, founded on the general reason or the thing, as wall as the cams cited. Mr. Jottice PAat said fie entirely agreed with his Learned Brother. The decision of the caves seemed to go on the reason or the contracts them sehes. fu the case of Atkisson aped ittscleie. li'd Captain had engaged to deliver a complete lading. hut from the circumstances war compelled to Irate the harbour before he could do so. It was decided that that was not a breach of a couditiuu precedetit. Judgment for the Plaintiff'. lIVOVGALL V. ISTOIf. Thio wss s demurrer to • replication. argued by Mr. Serjeant Pell. The Phintiff had facers portly foe the Dr!rodent for the .rut of 411. bombe. The 1).-- ferolaist test made • bankrupt, and had shta.rard 1.4 certificate. "lhe Nulling hod tress üb;igej to p..y • debt its reopect of his auretyahtp, pat dare at 11. e time of issuing the coinassbanst, sod s e :vd the L).• tvisd*ut for the 1111110111111 of it; I I