The British Press; or, Morning Literary Advertiser.
London, England, 1826-02-01 00:00:00

DANIEL-2'. ROW!.

Mr. Sergeant SPANlClliroocetikuii rule to show cause against
• rule obtained in this cause, to obtain greeter time for the return
of the writ of capias ad sati;faciendam : he said that the grounds
1 upon which the rule had been sought was, that the principal in
this ease could not be brought up without imminent danger of his
life. Various vexatious methods had been already resorted to, to
keep the plaintiff out or his money • an attempt hkd been made to
change the venue, for the purpose of protracting the time of pay.
meet; and if any party In this cense was entitled to indulgence, it
was due tolthe plaintiff who had been already greatly incenvenk.
enced by the contumacious conduct of the defendant.' The illness
of the principal was no reason why theirail should either bring up
the principal, or par the amount of the bail.bond. The only diffi-
culty in the case touched upon this, that it was a legal impossibi-
lity, and not a moral impossibility, that could excuse the appear.
anee of the principal ; this was tn. lair as laid down in the case of
Wynn v. Petty, and in Cock v. Bell, Lord Vienhorough held that
the appearance of the principal was excusable only on the ground
of the party being required to perform n legal impossibility. In •
case of lunacy it was decided, that though the party was a lunatic.
yet he should be brought up os the grounds that the hail take
upon themselves 'the incotianlences that might occur from their
becoming bag; for, in fact, by their intervention the plaintiff is
debarred of his verdict.

Dlr. BEATON Paid that he would not trespass on the Court with
many arguments to show that the rule ought to be made absolute ;
he would, however, make a dtstinction between the cases cited by
ithe Learned Sergeant. in the cue of Wynn v. Petty there had
been a Kir( fades. The Learned ('amused was proceeding to com-
ment on the cue of Cock v. Itell, when—
Mr. Serjeant S Pas KIE said that was not the case to which he
referred.

3lr. Burrow said, that though he felt the greatest reverence
for the decision of a Court of LAW, yet as Counsel for his client he
felt himself called apon to say, withrthe greatest deference, that the
decisions in all those cases wereuitintrary to humanity.
Air. Barron II cl.t.ucit said, that the decision would have the
effect to make the bail pay the money they had undertaken to pay,
in cue there was not an appearance on the part of the prinepal.
Mr. BultTON said, that Lord Ellenborough said iti giving his
opinion on the case cited by the Learned Seageant, " that it was
not stated that • the removal of the principal would endanger his
life," by which he clearly intimated that if it had been so stated,
such a•etatement (if substyntiatedi would hare operated to a diffe-
rent decision. Lord Ellenborough added in express terms on that
occasion, that if the defendant could not be brought up without
risk of his life, it would be a subject for consideration. The object
in this case was to corer costa and he admieted that the defendant
was liable for them.

The LORD CHIEF Banos; said that he recollected a case which
occurred in the early part of his life, in which a very eminent mer.
chant of the city of London, who by those der.ilentions which un-
fortunately sometimes occur, had got into difficulties; he was
engaged ins suit and was so ill that ho could not appear in Court.
The attorney on the othe other side, however, insisted. and the un-
fortunate gentleman was brought into Court upon a litter. It was
then said that there was nothing similar to it except the conduct of
S'ryilodr in the 111 ercheut of Vendee. It was, however, the law of
the case,
The Court dßerred judgment tin to-morrow.
The LORD CHIEF Banos then inquired if any of the new
trials were ready to bebrought on as the Court was anxious to the-
ws!e of a few. . .

None, however, being in reatliriness, the Court attiourneti about
one o'clock.

HIGH COURT OF AlAirtal, Tummy', JAW. 31.

(Br art Lord STOWttL.)
SICIL AN PRIZE-MONEY.

The Covet, at its sitting, proceeded to give judgment in this
curious and complicated case.

Lind Sr. OWEI.I. said, that the question upon which he was now
called on to decide arose out of time cam ure of Genoa, with its de-
penuenciea, Spezzia, /Cc.. which were taken possession of: by
the combined forces of Great Britain and Sicily. anti a very consi-
derable amount of prize booty fell into the hands of the captors.
The particular question arising out of the capture related to the
share of Sii Robert Hall, who held a commission as .:11ajor-fie.
octal in the Sicilian arm;, and was also a Post Captain in the
natal service of Great Britain. It did not diatitictly appear how the
transfer of tab R. flairoawsoloso was made. boo it may be prommed
it was in accnnianee with the advice, and with the approbation of
the Commanding ()Stem Lord W. Bimini.* and Lord Exmouth.
it did not appear that Sir U. flail had any particular connexion
with the Sicilian army, nor with Sicily itself. Probably this ex.
pedition was the first and lest time in which he acted under his Si.
cilisu commission. His services as a Sicilian officer must them.
fore hare been only occasional and temporary. He was regularly
certified as a ltrtgadier-tieneral in the Sicilian service, however,
and there could be no doubt as to the validity of his appointment,
nor could that be affected by the duration of his service. A great
deal of obscurity was Imported into this case by events, and cape.
trolly by the death of Sir R. flail. The ex tiedition took place early
in tr 4 year 11114. en that when this ease came bcfore the Come,
which was not until the last day of the last term, eleven years had
elapsed, and all the circumstances culnectrtl %jib the expedition
ha.! become matter of divan' history. Many events concurred to
e'obatrast the question ; Sir R. Hall was dead. and the light which
be cottlit have imported into the case Men lost. flatterer, the
Conte was now bound to consider the question as well
and eonfroodiettaly as may be. The law made a very scanty pro.
tision for the regulation of distribution to allied forces. IP an.
cier.t times he knew of no precedent* hearing upon the case. Eng-
land ass usually obliged to maintain her conquests single banded,
but it was by Ito means so in the last war, when almost all the states
of Europe rem spinet their common oppressor. and useired Eng.
land. There were three Acts relating to die distribution of prize.
money mused it: the reign of the late King, and one confirmatory
Act in the reign el Ills present Majesty. Besides these' there was
an order of Cloned, which bore more particalatly on die prevent
ease: It directed that the share of price-money due to-Sieilian
Careen should be paid pact so the Alliostor Pleuipmentiary for
Sled/, to be distributed in such manner Mod proportion as the
Sicilian IlloyernnWnt may direct. Upon this state of the Taw the
prevent question Came on, and as was before observed, the Chan of
pr R. Hall to Ills stare as a- Sicilian General 'termed to be ear.
lideedy proved. The amount of his share was paid somewhat
prematurelps but not imprudently, to Chelsea Hospital for safety.
Chelsea Hospital was the proper depository for the unpaid Owes
of British parsl officers, but dira. llall iris a Sicilisu military