The British Press; or, Morning Literary Advertiser.
London, England, 1822-01-25 00:00:00

- Luse sitriLuesics.
.
iIOVRT OF CHANCeitT. tamet.e's
Toetypetei.. isumnem $4..
+he Loa. ease into Conti It
fialf.post 10 ealieeLi .).. • •
Hutriei
411. co4Tite a. neittif COATS..
Mr. Hon** moved for sa injunctiou to restrain
the Defendant from practising at a surgeon and
midwife within ten mules of Salisbury; under the
foNowing circumstances:—The Plaintiff had enter.
ed into partnership with the Defendant in the pro-
fession of surgeons and midwives. and advanced •
'um of $OOl. and was to advance • further sum of
* similar mono on the rendition that when the
partnership was terminated. that the Defendant
ihnuld not ;wartise as a surgeon and midwife within
tea miles of Salisbury, but that he might practise
as aphysician. The Defendant had given the Plain-
tiff notice that the partnership should terminate in
Ns mouths. and he we* not only canvassing for prac-
tice as • surgeon and midwife at Salisbury, but was
actually practising vs such. On these facts he had
no doubt but his Lordship would grant the Minim-
tion.
The LORD Cut lICRILLOR-11 notice was served on
the Defendont, l would have no difficulty in grant.
ing the order asked for. But it would be an act of
inhumanity to grunt it without notice, for this gen.
denten might be attending • fractured leg. or be
engaged to deliver half the women of Salisbury
when the injunction would be served on him.
Mr. Hoene—Then we will serve notice of the
motion on the Defendant.
sikiiposirts num*, 111 TSB MATTI& OP HOWARD

AND OISM, BANKRUPTS.

The LORD CiimgaiLLoa oberrved, thot on look.
ing into this case he perceived that Howard, one of
the bankrupts, had proved the sum of 9311. as a
debt due to hint from the joint estate of the bank.
rape*, as an easicatur. He wished to be informed
if this debt was not taken into consideration in Car-
roll'. list of creditors who voted for assignees ; and
whether, if it had not, would that list have the pre.
piindereoce over Shawe's list, as to the amount of
debt. He would wish to be .furnished with both
bog ; and also he would wish one Counsel ou each
side would supply him with eases as to the right of
a bankrupt proving a debt as an executor against
his own estate. lii some cages it might be mon-
sena*. Suppose, for instance, that a man owed
1001. and a commission of bankruptcy was taken
out ageiost him, end he was allowed to prove a debt
of 5100/. under the commission against his own estate,
he might appoint himself the asstgoee, and sign his
owo certificate.
• Mr. MORTAGUII said, there would be DO dim.
lenity in furnishing the lists required by his Lord-
ship, but he thought it would be better if his Lord-
ship was also famished with the lists or those cm.
doors who did not vote for either list lot the choice
of assignees. which would also give him the reasons
why they did not vote.
The Loan CHANCRLLOR—The point which I
wish to bring the attention of Counsel to is, suppos-
ing that both lists are not taiaind by canvassing,
and Mr. Howard's proof of 9614. as an executor
Save the Prenoudesalloo-isi ilababinient ad debt,
for the choice of assigains, wbolber shut debt can
stand.
Mr. Floaoa—l alluded to tbirawbject when I
addressed your Lordship.
The Loan C9atscsaaoa-.1 will hear one
Counsel on each side on this point on Monday
next. Let ow be furnished with the lists I have
asked for in the NOM time.
- - -

COURT OF KING'S BENCH, Wsissimis,
TRUUDAY, JANUMIT U.

DIXON P. ARID.

This was an action ois a policy of insurance on
a ship and cargo at and from her port of lading in
Sierra Leone to this country. The vessel was lost
to the owners, as was alleged, by the barratry of the
muter anal men. The action was tried before the
Chief Justice at Guildhall, and a verdict found
for the Plaintiff for the amount of the policy.
The SOLICITOR GeneaAL now applied for a
role to 'hew cause why there should uot.to this case
bee new trial granted. The facts of the case were
briefly as follows :—The vessel sailed from this
country with a cargo of bricks, &c. under the
command of a person named Mercer, and arrived
safely at Sierra Leone, where she delivered her
cargo and took in a return cargo of timber. On
the 9th of March she quitted the port oo her return
voyage to this country.- Whilst at Sierra Leone
the first and second mate left the vessel, and
Captain Mercer took two other persons, named
Paddon and Holyoak, on board in their place.—
Mercer sailed with the vessel on her return
voyage, but quitted her as soon as she got into
the offing, and returned to Sierra Leone, leaving the
commend to Paddon. The vessel continued her
voyage towards England, but made little way. On
the 24th dsrch Paddon became exceedingly
and considering himself in danger seta for Rogers
the carpenter, who had come from England in her,
and asked him if he could undertake to carry the
ship to England. Rogeta answered in the negative.
Paddon then delivered to Rogers • sealed packet,
with an injunction that on his arrival in England
he should deliver it to Mr. Dixon the owner and
present Plaintiff. The command of the vessel was
then given to Holyoak. A day or two sfterwsrds
Paddon being somewhat better, sent for Rogers
and desired tear have the packet which he had deli-
vered to turn hack 'gain, and the packet was accord.
'ugly returned to him. and very soon after Paddon
relapsed and died. Holyciak now became acknow-
ledged master of the vessel. A servey of the
water and provisions took place on the 2d of
April. on the representation •of Rogers, that
be had observed great waste of the water, he
loving seen •a tap running in one of the water
casks and bungs knocked out of two other.. Ho-
lyoak said he could not help it, " it was amongst
the crew." Between this time sodthe sth of April,
Rogers saw further waste of water, sod too that day
the provisions and water were again serveyed, and
it was found necessary to pet the crew on abort al-
lowance of both bread and water, and to rum for
Bar Woes. On their arrival at Barbados they
had only eighty pilots of water, and a very smell
pitiably of bread kf, said the vessel was leaky,
heron eleven iDebecof water is her held. 05 the