The Sun. — London, England, 1819-07-24 00:00:00

i roee:_es LAW IN'l ELLIGENLE. COURT OF CHANCERY, acLY 715. ItYE 11.0tROUR. CCIIT:g AND oTHPRC CLAIIItf.T. AND Mr. HAtir To% etl, that the loirrtiction granted by the Court for the pirrpo=i of restrairiog the I. ie,,,t. e nts from pullioK down a certain sluice a' !ter Horhoor, called Scot ty Float Sluice, shoulo dissolved. lie Contended, that the Court hid ton jurisdiction here, to., if the sluice in trestion es , s ai public nuit,nee, then a e parriett had their rumedy let law ; hut this Coart was not the pro prr 4 1 ,,arter whence relict might be expected. Mr. SUGDZN folloNsed on the same side, And quoted a number of authorities, from the 7th T. shrw that application ou, 4 lrt to be made to a Court of Law, anti no! he re. The ATTORNEY-GENERAL, in support of the Nunctiou, contended, this it it were dissolved. there would be 7 or 800,0001. worth of latni ruin ed, by being ovetflow , d. The Court had alesays excercised the power of protectiug parties against the commission of trespass ; and were that u 4,1 done here, consequences would he ruinous to the parties. The party applying for the Injunction hying dissolved, might have recourse, in the first instance, to a Court of Law, hut they had not done it. The Court had uniformly held, that whert a nuisance sva about to he committed, and which would take place before an action could he tried, filtql it would interetere and prevent that nnisaoce. He was confident that the Court had jurisdiction, stud that it would be properly applied here. The LORD CHANcat..t.oa ordered the case to be sent to a Jury to try, first, whether this sluice was a public nuisance, and if they found it was , o, then to try whether it was a nuisance in 1812, The Court rose at one o'clock. COURT . OF KIN(;'; BENcEI. j cL y 23. 4ondwi dtlYGitrnerl Sitifirgs rite.* T , i7oy Trm.;, before the Girtr t' justice a,4 a Spevial Jury'. OBLIGATIONS OF COMMON CARRIERS. lIIRKET AND Co. V. ‘‘ILLAN AND CO. xv. 4 a;;Hilist die detemlrints as Common Carrier, to recover the valoe of 651bs. of cochineal, esttmated at 11.11. lost by their al lege(' negligence. it will be tecollected that lasi year this cause was [tied before the Chief Justice, when a verdict %vas found for the defendant, con trary to the directio ,, s or. the Lemuel! Judge in point of law, and a.'new trial having been granted by the Court above, the cause now came on again. Mr. Marryat, Mr. Gurney, aati Mr. Corners, conducted the plaintiffs' case, and Mr Scarlett and Mr. Tindal, the defentlaws'. The case was this—in fte month of March, 1816, the plaintiffs, who are &I -salters in Lon don, received a letter, signed '` J. NVorthey," from Exeter (having been in the habit at dealing for many years with a person of that name, a dyer of that city), itcsiring to know the prices of cochineal. Thi• letter was ansnered accordingly, and by the next p 0•1 they received an older to send to Mr. J. tirorthey, by the Exeter Mail, of is hich the defendants were proprietors, 65 lbs. of cochineal, together with an invoice of the goods. Without comparing the hunt!-writing of this let ter with the letters which they had been in the habit of receiving from their customer, Mr. Wor - - they, they made up a parcel containing the quantity of goods ordered, and directing it " J. Worthey, Exeter," it was booked at the defendant's office to go by the Mail. The coach ar rived at Exeter on Sseurday evening, when a person called at the coach-office in that city, and ask 'd whether it hail not brought a parcel di retell 'for Mr. Worthey, and being answered iii the affirrnatiVe, he desired to know the atnonntof the carriage, and was told it was 16s. Id. He then said he should send for it the next morning. On the following morning, being Sunday, the same I)ercon flirt a labouring.man in the street, named ,1 7 h field, and desired him to go to the coach-of fice,.and bring away the 'parcel directed for " J. tVorthey, Exeter," which had come by the mail from London, giving hint the money to pay the carriage, and promising him a trifle for himself, whilst he waited outside the street." The Mali Weil( to the coach-Office accordingly, but having made imam mistake in the description of the par cel, it Was not then delivered. He then went hack to the person in the street, and immediately returned with a more accurate description of the parcel, which was forthwith delivered to him, opoti paying the carriage, and he took it to his employer, who gave hint sixpence for his trouble. It honed out that the Mr. Worthey, with whom the plaintiffs had been in the habit of dealing, had not given the order in qtiestion, and that the hole transaction was a frandolent contrivance of a person named Bennett, a man who was not ten thcoming, and in no condition to pay for time euahineal Under these circumstances the pie sent action was brought, and the question was, a lither tliedefendants were liable for the nii•- delivery of the goods in question. On t!ie part of the plaintiffs it was contended, that the defendants' common latv liability was sufficient for the maintenance of the action, they having neglected to take precautionary steps, in order to see that it was deliVered to the person for whorl) it was intended, its was manifest trout the minter iu which they gave it out of then' poi , ,esßinu, there being enough to excite the;l Site. rieloll, t hat the person who applied tor it at the office had no r i ght to receive it. For the tie:feint/nos it was contended, that there was n suiltHent delivery of the parcel' bctoiding tn . /mkt' ; and that in all events the plaintiffs' ON II negligence in not taking care to direct 'the parcel properly, and being satisfied that the order for the cachineal te,as genuine, exempted the defendams Auto liah lity, The Cm iew•J u•TICK charged. the Jury, that hy the Law 411 E lig! 4 to this particular case (found. d upon much more ancient law, namely, the Civil Law), a carrier is liable to answer for any lo•• o'cca-ioticd by his negligence: The re.son for ter la'w was thi's—that no collusion might take pla‘e between the . carritr or his servaots., ruttier persoos, so as to defraud the s oner of 11-• goOds entr , sting them to his care ; and 4ipleta the law, impoied such a check on the 0, 1 1 1 in on nir,n 'rrudt! trust Ills n.i* rote of law tvNs clever and of long stonfling• ITodotdoe,:try ,•f Lite Vf-,11 . % H pr4rtice had ohtriin r(t on the 11,11 0: The c trriers of reltric.ing their reiponith•li!y, notict: that they would not be :,•vond certnin Amount, Hnd Cour. , 4 in Like 11.1 d sanctioned such rests ic -64.114 1 - .. y the lr deci4ion.. Jo the prc‘eut eri se .nn dnrsti( ii ar ,,, e of .hiq kind ; t.ingie point hein4 niletUt r the 0-1,t0d4n , 4 hurt lie. is krtllry it .'"...:llt.v•uce as brooght the ,vithiu the general R!Trarcri to hi 9 Lotthihip, that thrY ood,r the circumstaiv - t - 5 ci.e, Hid rhe pared been in fact dun vor.,l io a pc::on of the none of ‘l'otiey, un ,loubtedly the ra.e ruptire a diffOrell , COll - ; 11 , il if the Jury wete not to 'it'd a r (l ief 10 r tiit' phil lifi. no man would be Sale ho ei,tru.t( it Lis 4 (l(.(es tfi rArrier. _ _ _ .1 . 1)c Jliry t - o!stt , l ltif verdict tot the plaintifs— ll.rua `s 2i. Coria OF COMMON PIS,AS. I, <:6re Lord eVef:-.la,lice LLA!. BRUNCL V. WADDINIGHANI. This teas an action directed by the Court of Ci,aocery to he brooght by the plaintiff, Mr. Brunel, the proprietor of the Saw-mills xt Batter sea, and patentee of several most ingenious in ventio!}l, Itztrin‘t the defendant, a proprietor of R. S4w-tlllll, in Tottenham enlist-road, for an in fringement of the plaiwitf's patent for improve imut nn circnlar saws used in cntiitiff veneers tripo l i the opining of the plaitviif - s case by Mr. Serj , .ant C(‘Pf.P.V, the defendant stibittitced to a verdict taken against hint. ASSIZE INTELLIGENCE. WINCH ESTEiI, JULY 29. POR'r,;.MOUTII BANK. CARI FR AND orti AS.;IGNEF.S C. ;I till, AND KR! LY, V. TtiLLEVVEY, SENIOR. 'lbis yeas xn aciton hrongiii by the A•signe,s, unfit,. the Commission issued K(141 4tval tied against the Bank, to tccover f ront f t 4e tend .111 the sum of 34fi1 1. :is. 9il. the balance of , ono , to f tine f l ow the defendant to the Bank. The ti tei , re to ti C action was, that the Commission on fieu which the plaintiffs were appointed Assig ttei-s, was tint a valid Commission, on two : fits(, that the petitioning creditors, lI ssrs. Masiei man, Pvteis, Mildred, and C(1. had no dein due to them at (Ida date o f the Commission which «Hifil constitute n kg.! petitioning credi tor's ihbt ; and second, that the bankruptcy had been preconeerted wee') the petitioning crs ditors and the bankrupts. Mr. Serjeant PELL opened the rase for the plain itis, an d slated t he outline of what was afterwards [moved ; that 411 act of bankruptcy had been rotninitted in London by Mr. Minchin, and by Mr. tarter and Mr. Kelly, in the coun try ; the first by a thinial 1411 then place of re sidence, Hill the others by abscondinl.:, using the kiord in the legal, and wit in the offensive sense, by the pat (net-. in the country. He stated that the house of Matterman and Co. on which the Portsmouth Bank drew, Were, as might naturally be expected, in considerable advance to the house, and that, theretote, little doubt could be enter tained that there was a valid petitioning credi tor's debt. With respect to the other point of the bankruptcy Inswing been preconcerted with the petiti;ining creditor, the Jury would be satisfied that no imputation of that description had any fotindation, and with respect to the only remain ing question, the liability of the defendant, that was equally clear. - - Henry Besant, the first witness, proved the execution of a mortgage der! for upwards of 30,0001. by Messrs. Miochin, Carter, and Kelly, d a ted the 9th of June, 1818 ; and, 'together with other witnesses who were in . the late Bank at Portsmotith, and in the house Of Masterman and Co. in London, and in the houses of the Nota ries, proved the non-payment of several bills to a considerable amount, which had been indorsed over to Moorman's, and dishonoured by the ac ceptors when due ; and also several drafts, .vhich had been drawn upon the house of Mnsrerman snd Co. by the Portsmouth Bank, which became due and payable on or about the time of the bank roptcy, and which of course bad been duly ho noured. Thete also proof of an excise draft for upwards of 1;1,0001. drawn by the Portsmouth Mink, having been presented to Messrs. Master man and Co. and refitted by them. Witnesses were then examined to prove the acts of ha , kruptcy. and Mrs. Bowers, who keeps lodging-house in Howard-street, Strand, proved that I n dgino had been taken for a:Gentleman who sv Hs called Mr. Forster, but who in fact was Mr. Minchin. Persons called there, but she could not suy wh;tt their business was. He was only ihcrt• 1.1: 1 .! night. Mr Briggs, the Solicitor to the Commission, stated another act of Mr. M.'s absenting himself, Martin Siloll, the younger, also deposed to I. Nl.'s directing himself to be denied, and uf per sons calling to ask fur hint. A postboy, at Portsea, proved the hiring of a chaise at one or Iwo in the morning of the 101 h November, the day on tvhich the commission is 'tied, and that he drove Mr. Carter and Mr. Kelly to Petersfield ; and the servants of those Gentle men proved that they had lett home early on the of the 10th, and that they did not return for a considerable time alterwatds. The next wit levies proved, that the banking-houses were not ipened on the morning of the 10th, nor after wat'ds, aml that pers.ns came to demand pay ment for notes. The last point made was, that of notice having been given to the delendants, calling upon them for payment. Mr. CasaFan, on the !tau of the defendants, with a cnnshierithle degree of warmth and ener gy, opened the dt:fence, and contended, that the commi•sion `could not stand for a moment, inas luncli us:the Jury could entertain no doubt tipou bearing the evidence which he siooild adduce, that the petitioning rrednOrS were privy to this c•nicelted act Of banict ()Ivey ; and, therefore, tnough the Court nt Chow:A:ly had held that H couterted plan on the part of the baartipts would not invalidate a conialibiliun, yet, with) the pyivt , ty of the pt.titioning eteditnr. inch Cormimsion could not stand for an invnut. Mr. Thomas Minchin, the younger, the son of one trf the bankrupts, remembers striking the docket ; was acquainted, and banked at the house of MArtinean and Co. ; Mr. NlilAred was a part ner ; his father came to town on Monday, the 9 h o f November, with notes and bills to the amount of 1,0001. to cover the Excise draft of 14,0001. but %%as told it had been refused acceptance on the Saturday, and therelote it would be too late to attempt to maintain the credit of the Pol' l 3- tumid! house, Mt. Mildred expressed ready to do whatever the Mr. MlOChilli 11101101 T arlvkandc, but conceived that nothing could save the creditors generally front the consequences of ex:iCettri extents but a bankruptcy ; to accom plish which, he gave directions to the witness to -oe Out a CO :119113%10f1 d to fititt Out tiCtS of bankruptcy in the tre!4 wity he could The wit ness immediately proceeded to Portsmouth, and mivisra Messrs. Carter and Kelly immediately to proceed to I.ontion, in order to avoid the conse quences of the extents upon their persons. With this advice they complied, and went oft as de scribed. The witness also directed the managing clerk at Portsmontit to get persons to demand payment of notes, in order that a stoppage of payment might be established. The witness said, that he had no other than general directions from Mr. Mildred, and that Mr. Mildred had never since been informed of what had been done.— Ms directions were to take out the commis sion, bur no particular orders were given, nor was there any privity on the part of Mr. Mildred. Mr. Sericant I'ELL, in reply, contended, that it was impossible so respectable a house as that of Alartittean an,l Co. who haul so little interest, rand no other cleire than that of serving the Ports mouth house, could have intenti.-d to hrue been patties to any illegal proceediu4s. They sup posed, from the known insolvency of the parties, that acts of bankruptcy must have been already committed, and therefore, that it was only to fol low up those acts of bankruptcy for the general bent-lit of the c!editots. Mr. liaron GRAHAM, in summing up, took off all blAtne front the house of Martineau and Co. but that of inadvertency. The question fur the July to consider was, whether the directions given by .\J r. Mildred to Mr Minchin, jun. did not wake them responsible fur his acts, and made hint so completely their agent, that they could not face themselves'from the consequences. The Learned Judge praised the manner in which Mr. Minchin, jun. gave his evidence, and took a lu minous v:ew of the whole case, but chiefly di rected the attention of the Jury to the above The Jury retired, and subsequently followed the Judge to his lodgings, where they were called in several times before they could settle the ver dict, which at Lst was given for the defendants, by which the Commission is virtually done away with. The trial lasted till a very late hour, and t 1:• Court Was excessively crowded. HERTFORD, .JULY 23. CROWS COURT.-- 7 Before the Hon. Baron GArtftvw. The following prisoners, charged with capital felonies, pleaded Guilty, viz, William Pitts, for a b u rglary in the dwelling-house of Thomas Hul liugsWorth, at Cottered,,in this county; and Ri• chard Bayford and John Dickenson, for a like of fence, at Branghin. They were humanely urged by the Learned Judge to retract their pleas, but they obstinately persisted in declaring their guilt, upon which sen tence of Death was immediately passed upon them in a very impressive manner, and no hopes of merc y were held out, the wretched convicts being me n of desperate and abandoned habits. FORGED ['Asses.--Daniel Gilbert alias Downey, James Gilbert alias Downey, Mary Tucker, Eliza Tucker, and Mary Crauford,,the two latter priso ners being children under 11 years of age, were indicted for a fraud in obtaining money from the Overseers of the Poor of the Parish of Watford, by means of forged walking passes, and other instruments necessary to carry the fraud into exe cution. The offenders had commenced their operations at Margate, and advanced into the heart of the coon yas far as Worcester, successfully preying on ►the credulity of all the Parish Officers in their route. Front thence they took a North-easterly direction, and at last made a lodgment in the gaol of this county, having imposed upon the Over seers of Hatfield by like means, but their fraud was discovered in time to prevent further imposi -60115. The case was rnnde out by the clearest evidence, and the prisoners were all found Guilty.—The . . adult's were sentenced to one year's unpri3onnient etucl► in the House of Correction, and tl►e juve nile offet.ders to three months in the same Mace of confinement. VIOLENT ASSAULT. —Michael Tyler WHS fi..r a violent assault on the person of Gepps, Esq. on the 16th of March last. The prosecution was conducted by Mr. JESSOPI! and Alt. ‘VALioaD, and the defence by Illy. PLATT. _ It appeared in evidetice, that the prosecutor is Ft Gentleman 01 tort n e , occupying land adjoining to the estate of the Hon. Mr. Bowes, at Paul's Walden, in this county. The defendant was the gimckeeper of the latter Gentleinan.—On the 16 h of March the prosecutor, accompanied by two pointer puppies, went to walk in Paul's War den Gardens (a place long open to the neigh bouring gentry and initab►tants for their amuse ment and recreation), when he was tnet by the tiriendant, who addressing him in a ruffianly and threatening manner, said, " My orders are to turn you out ; and tor aught I know you are come to lob the gardens ;" and immediately seized him by t he collar, th , ew him down, and dragged him .11 the -ground a distance of about six poles, when the prosecutor caught hold of some prilei, and endeavoured to preset ye himself from further vio lence; but the defendant, whilst he was in this position, seized him by the legs, kited him up, And, after su.pending him over. Abe paliugs with 16.4 head downwards for some minutes, let him r‘o i ratiy u t ►ou bin bald,. dill then laid, " D—n vn.t, h'sye..J. not turned you out 0f M gardens ?" It spiWared thst in the scuffle I he t prosecutor lost about 40s. in s il ver, uhich Erll 04. ot his pocket upon the ground, and upon dilc° , verist; his loss, he returned to search for hi, 0°,13 ney, but in vain, and in the attempt he "'Psi "P I • violently assaulted by the defeudant, w ho 64 6 '2 turned him rudely out ot the gardens, most abusive language. t The defence set up was, that the proseWi lia . d committed the first assault, and the prinriPit witness called was a boy, the tellow,scrva ilt the detendant. The Jimmy, however, under the Learned inJ,-14 directions, found the defendant Guilty. 6 u dl l was sentenced to one month's imprisatinield if County Gaol. using the • eth INITERSSTING OCCURRENCR.—A few week' W A Bookbinder, of this city, of the name of o'3 baying occasion to summon one of his caistoinr to the Court at Requests for a surlit (feet, titC e b el e td to prove the circumitances of the case; A professional Gentleman, who was accident%, present, being s ruck with his name, aske 3 1 1 0 if he ever had any connections in Cheshire. ? 1.1 , 111811 said he formerly had, but he was very yoo r i when he left that country, and did not 101 0 `% 0 any of his friends were now alive, as be bad s td been to America, and various other path ~tf world ; and had been some few years settled Bath. " Well, replied Mr. --, g ive me l ad ., address, and call on you to-morrow." . C lll l ,, promise the gentleman (who is ever actively ze 4 ) oils in the promotion of a poor man's inter eits ' did not fail to perfof m ; when, after a few ju rv i 7 rogatories, the astonished bookbinder was tmh'i; that he had been repeatedly advertised for, SS i heir to a considerable property fallen to hiln hm4 the death of an uncle in October last. Unde r t instruction of his new friend, H. immed iatel y ssaote to Cheshire on the business, and recei ve rs so satisfactory an answer, as to induce him tot` off without delay to his native county; and ~ are given to understand that there scareelY W 11.11: mains a doubt that the industrious artisan 1 by this casual circumstance, be suddenly Pl iee l l from indigence to a state of great affluence, (I/ 0 , soon be put into quiet possession of an itrimc l3s ,l estate, amounting, it is said, to between ' ll/ 60001. per - annum. —(Bath Herazid, July_ 24.) FATAL ACCLDRNT.—We are extremely C °rl 4- cerned to state, that an accident of a fatal rit° ll ,i o occurred about 10 o'clock last night. A respec c iw e t individual, we understand his name to be Mi ch , ' Gray, an Engraver, residing in Great Brit9`-„ ‘ street, lather inebriated, followed a favourite 0 1 into the river Liffey, near the Iron Bridge, "P g # 4 Aston's-quay. One of the bye-standers, o°n • JatneaM'Cann, in a mosr praise-worthy and mane manner, and at imminent personal endeavoured, by every possible means, to save 0 ! unhappy sufferer, who denied all assistance, COW dent of his ab lily in swimming ; but the unforol; nate man resisted all entreaties, and sunk to rise n more !—Flambeaux were procured , and every ell , ertion made to rescue lsitn, but in vain. 'Fhe pit e° , 6 , moan of the faithful animal, the dog, caused c R b. deepest sensation among the persons present, sc hl f, e , was increased by the afflicting spectacle of t". agonized wiftrof the sufferer, and several of lrt 11 relations, who were with much difficulty r emov, e e from the spot. The body had nut been found; humane exertions of several respectable citii ell e were conspicucous, and it is but justice to s tar tt that all payments for passing over the metal brigo were suspended to such persons as were likely , l e contribute their services in saving the unfortuo man.— (Dublin Correspondent, July 20.) COAL MARKET, JULY 23. Ships at Maiket. Ships sold. price. ot il 411 Newcastle. . ...35i . .. 30s. Od. to 4 0 s• 4 j 4 6 Suil•!elland . 8 .. 35t. ad. to 4O g * . 04. 1 Colin . 1 .....255. Od. to '''''' olit. 1 Cannell Coal. ... . 0 —s. Od. to -- -5 ' _,.." COURSE OF EXCHANGE, FRIDAY, JULY S. Amster data Ditto, at Sight , 1 1 1 1 1 6 3 C. ::, Rotterdam Antwerp ll 19 E%•'lni . 6. Hamburgh 35 8 13 , p Altotia Paris, 3 Day's sight 45 0 0 0. Ditto Bourdeaux, ditto 'i tl , ti ef Frank forton the Main - tive Madrid . 3fit tt" • f tl' r e Cadiz Billma sfit ft' Seville (4ibraltar Barcelona Leghum .• • ' Genoa... 45 -Venice, Ital. Liv iti - Malta... ..50 -Naples 4O ,1 Palermo Lisbol. - 54 Oporto itio.laueiro Dublin.... ..... Iti/.....C0rk..... 10 per Cent. Agio of the Baukon Holland.... '.? per Cent. BULLION. ()1' Portugal Gold, in Coin f .s Is 1 p er Silver, in Bars • 0 5 i -0 BIRTHS. 1.54 At Paris, on the 15th instant, the Lady of Edwol d moor, Esq. of a son. die On Toeliday, the 20th inst. the Right Hon. Lad:" - 4 sham, of a dauKhter. A o f O' Yesterday, the 2:3d, in Brunswick - square , the La 4 • Darling, M.D. of a daughter. —...ee" MARRIED. ' Or! On the 22d inst. at the New Church, St. ftlaryleb °P4 iol i '; Charles Pitt Bartley. of Duke-street, Grosvenor-squardi ti ,, 0 citt,r, to Clarissa, uid,st daughter of Mr. John I'o Do% n-hall, Epsutu. ----91 DIED. I og ees On Tuesday morning last, at her house in Portn:tan" after a shott illness, Miss Killegrew„ in her 70th Ye 3 %. 3 lft_,'" On the t9th inst. in Sydney-place. Bath, of a "S‘r seizure, William Savage, Esq. of Islidsonicr -Nott° inersetshire. ,fr• At Stockton, on Monday sennight, in his 70th Y e :% Robert Christopher, a very eminent bookseller ; - ,, 4 41• lied on that business extensively fur nearly half ce°*; isge. At Beckley, Sussex, on the ath ult. Mr. Elias Gilber"ook. 9S: his remains were borne to the grave by eight of 11 4 ,gf sons. Mr. Gilheit, in hi: youth, planted a chesnta 0' t oe , edible kind) ow his own estate, which grew to a 33 Varti g i : and in the year I sit 3 it was cat down and say.it int o • which measured two feet in width, and is hich, bY 4. : !i t S be ° ' ‘ order, were preserved, to be used for his cudiu; der was strictly attended to. ret, LONDON: Printed hy 3. 13. CAIST:IIRS of No. sir , '4 Ormond-street, Queen-sqn.arc; sill published 141' SCIIIPPS, of N. 7, Suet it Molt.in-street, at :r"oldif9f Oti cc. NI, 114, Strand ; sVhvre Adveitictment s s Letter ts.tst-?aAi statist be a:Wry/led, 14 G 1 ,~ Z, !~ ~ ;~