The British Press; or, Morning Literary Advertiser.
London, England, 1821-10-23 00:00:00

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LAW INtSLLIGENtRe
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COURT OF KIM'S 118NC14,,aliiiIMILT, °moiled 21.
This Jay the Court sat jimpasga at the. West.
initialer Court House. r -....Y. • S."'
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• • ', '0 1# t
ilitheltair tr.THE FAST' Mina can't's?.
Tins %m on action of averrneemnt, broueht by the
Flaiutiff us ad ' 'otristor of tire late Mi. William
Hope. It cume• on for trial before the Loan
CHIBIP• JUSTICE; at O'uildhsll, when a verdict was
taken for the Plaintiff for 35,890/. subject to the
opinion of the Court on six several points.
It appeared that the late Mr. Win. (lope, being
in lode.. retrutted home the greater part of his pro-
perty in bills of exchange. drawn by the Madras
Government on the Company here; he afterwards,
in March, 1809, embarked with his family, on hoard
the Jane I inehess of (Jordon, which ship, with two
others, was lost MI the voyage home, and Mr. Hope
and Ins tinnily perished. Three of the bills which
•Mr. Hope remitted prior to his departure from
'lndia, were nut endorsed by him, but sent in a
letter to his %cent, Mr. Carr, who, after his deeds,
endorsed the bills by procuration. The fourth bill
was remitted from India after Mr. Hope's departure,
and was not to fact created till otter his death, but
was endorsed and received, as were the others, by
Mr. Carr. Letters of administration were taken
ant in 1813, by Jinn* Murray, who died—and a
second rdmisii.irsition was granted to the present
Plaintiff, Jolnt Murray, its-the yen,. 1814.
The points reserved for the uptown of the Court
were-
-Ist. Whether an anion of asimmosit could be maintained
against the Detroit...nig, on the ground that they are a
Corporate Bud, ?
2dly. if Mr. Carr, the agent of the Intestate, could legally
endorse after lime death of the Intestate, the three bills
of exchaii‘e winch were retained without endorsement ?
3dly• i'Vhether the Statute of Limitatious outset a bar
In time present action ?
4i hly. Whether a •perial replication were not y '
5110 y. Whether the fourth hill, which was nut treated till
after the latestste's death, Tested in his personal repre-
setstative.,
6thly. The amount of interest that should be recovered,
supposing that city should be allowed
Mr. CAMPBELL was slow heard in support of the
verdict, and cm the tint point he contended, that
all the Acts of Parliament, from the 9th and 10th
of William •nd Mary down to the Act of 63
George 111. cap. 155, wider which the Company
now exists, recognised the power of the Company
to make a promise, which could be the subject of
essumpsit. The Act last referred to, at sec. 57;
enacts, that the a'aets of the Company should 1
" first be applied iteproeiditig lOr the payment of
such bills of exchaege as may have been drawn
upon and accepted by the said Company." On the
second point he contended, that Mr. J. Carr was not
entitled to endorse bills after the 111 testate's death, be-
cause, he &Iseult-I maintain, that lie could not, under
the power of attorney, which was his only authority
to do so durirte. the Intestate's hie. 1 hat instru-
meet contained no word, to that effect ; and exprt ss
words were, he contended, necessary to give such a
power. On the third point,. which was if the Sta-
tute of Limitations did not har the action as to the
three bills, which were drawls three months after
sight, accepted onlhe 20111 July, 1809, and be-
came • due on the 23d October, 1809, so that
the. six years allowed by the stittql.e would expire
on 8311TICtober, 1813. The present action was
commenced in August, 1816. The Statute of Li-
mitations provided that all actions on the ease, ex-
cept for slander, should • commence within six
'years from the cause of action. The question here,
therefore, war. when did the cause of action arise?
Mr. Hope died in March, 1609; and letters of admi-
nistration being granted first in 1814, hecontended
that the cease of action crinlil not be said to *ripe
tillllsat period, es no party existed 'till then :ape
Could maititain an *Choi,. Fur thin 'he relied on
disc Case. a Sultivford Jullrffe agaicaskEdt, in 2d
It ghs, page 694; and Curie and Wilke against
-Stevenson, in Selki•ld; and 4th Modern, p. 372.—•
`On the authority of the rase, Carey against Walker,
lie coutepded, that no special replication was he-
ceerary in the present close. With respect to the
bill which was not created till after Mr. Hope's
death, being dated on 2611 e August, 1809, lie con-
tended that it vested,.maniitlietanding, in his admi-
nistrator, who not having endorsed it, the action
would lie on that also is well• as the others. On
the last point, the iiiterest, lie observed that no-
• thing arms mid by the orivefside st ihe time of the
trial, sod he coil-tended that from the time the bills
became due, when the 'Compatty should have pied
the (stoney. the Plaintiff was entitled to reviver.
Mr. Tow OiLL, on the •pert of the Defendants,
observid, that with oespett to fhi Efit 'point it
might readily be sup Posed the objection was not
one which the East India Company would them-
selves have made, except for the sake of others,
spied whom they might have rentedeciarSirer. The
Learned Counsel proceeded to arise that tt did
. not
necestarily filthier hecimste thcCiansmily_cuuld-pre-
wise that therefore assumpsit would tie.
The Logo CHIEF JUSTICS-mw." Surer it *ems
more ressotmble, if the Act. Of Parliatiseut limbo-
. rise the Company to accept bills, that the boWers
should hare the save lemedy agsinst them asugainet
others." -.
'Mr. Tittle t.r. proceeded to the second point ;
but on that also - the Court Itnieted an ()pi-
llion, that had Mr. Hope been . 'viva, Carr Intl
Du authority to' endorse the bill. The Learned
Counsel then proceeded is the third and fourth
point:. controlling. that the crises cited by Mr.
Campbell were not in poiut, and distinguishing
those cases hom the present. On the fifth point
he contended, that she administrator might have
had a claim against Ilinnitev and Benison for the
WWIs of the Intestate. with which they procured
the bill, Elated 26+h August, 1909, yet Ise could
have no claim for the piece of paper, the bill of ex-
change, which was not in existence till after Mr.
Hope's desih. Oil the last paint—the infereet —his
Learned Friend, Mr. Campliett, bBJI tiliiiiiiiid shit
do objet tion had been made at the trial, but their
Lordships would not allow much weight to thee ar-
gument, knowing, as they did. the manner in which 1
iuterest on bills of exchange was usually settled It /
it isi Prins. He contended that they add no right to i
claim any interest tilt an echninistrecir existed. It i
did not appear tharthe'Criniperty had made any its-
term by the Money ; in, fact, it was the duty of an 1
acceptorofft• bill in hol4 the money in his lipids
after it bedllivelue, read, to render
.it tc.(the ker.
•.. • .. •
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ton who had a right to receive it. Interest waS only
in the nature of dame es for s wrongful detainer or
money frosts a party who °light to reeeiie it ; hut
how could that apply to an administrator not in
existence ? He referred to the case of Water a.
Barnes, in sth !Mauro*, p. 440, on the authority of
which he contended. that, till the Company knew
there was en arlmiiiistOator; they could ii‘t
called upon to pub interest.
Mr. CAMPBELL, in ht. reply, at the desire of the
Court confined himself to the third and sixth
points.
The Lono CMIRF JOBTICE Paid, the Court'
would consider those two points, and in the mein
time they wished to he informed be afrtilswit et what'
time the money was first claimed from the East
India Company.

LONDON S A.SSIONS.

Yesterday flume Semitone commenced hefore Aldermen Sir
.1111 Mes SHAM, Jostrotuan SMITH, BIRCH, mid the COMMON
SF.RIIANT.
The Grand Jury for the City of London were sworn.
The COMMON , nn his charge to the Grand Jury,
congressional them on the small number or primers for
trial for offences committed in the City of Lnostioss, iis pro-
portion to those on trial for offeures committed in the county
of Middlesex, which was, doubtless, owtor to the actitity
and vigilance kept up by the Magistrates and the Police ;
but at the same time he exprimed his regret Boat tiro-thirds
of those prisoners fur trial were charged with erect rob-
beries. This species of depredation had arrives) tatteily to
in the City,had been repressed
a very great pitch ewes
in a great
it would always be found that mercy io such cases would he
want of mercy us. the joublic interests. Beyond flue City the
public report. proved the evil was in no way mitigated; but
as it Was determined to inflict the most revere punishreseuts
on offenders of this class, he bail nu douteLtbetystem stolid
ultimately fall under the strong arm of the law.

ASSAULT.
Mr. John Mallard, a medical sludeol, wits indicted for ♦in-
Irnlly assaultiug A lIIIC liarrisuu, uu the 18th of July last, iu
Barbican.

Mr. Law opened the Cll4e for the prosecution.
John Cornice stated, that on the 18th of July he was
standing in Barbican, and saw a woman !waked out of the
door of a house belonging to a Mss. Burieree •. the woman
fell, and most have been dangerously hurt if her fall had
not been broken by fallinron a prison passing at the time;
when lifted up she appeared in • senseless state.
Anne Harrison deposed that she was a dealer in milk. On
the 18th of Jolly last she went to the house-of ill's. Burgess
to ask her for 1/. se. which she owed her for milk; on her
demanding her bill, she was asaulied by the Defendant, who
struck her twice on the bread, then seized her by the arms,
and threw her out of the street door; she was mmaelets for
a considerable time. oit her recovery she found herself is a
neighboor's house; she wits obliged to ham a asedlical man
to attend her; four days afterwards she ammitalaida* and a
half of blood.
On her cross-examination she said she inn thefeadant
no provocation except asking fur her bill; -aka slide use of
no bad language. ,et •••
Mary Reed stated, that she was standing al lirs.,Bue-
tress's door; she heard the scream of a female, which chew
her attention to the house; she saw the Defendant holding
the Prosectitrix by the arms, and she begging that he would
let her go ; be said Mrs. Mumma was nut In the way to pay
her bill; the Proserulvix mid if he would let Wren she
would go away and call another time, the Defendant then
trusted her out of the street door, and she fell; the people
collected about the door, and cried wit Shame

The following witnesses were called ftst di hare :
Mr. Chandler stilted, that he lodged whinnies. Burgess ;
be was sitting in the parlour at breakfast wilts the Drfmndset
when he heard the Prosecutrii usuig the most violent
lau-
guage, swearing that she would nut leave the house mud
Mrs. Borges' paid her U. 54. Mrs. Inutgewy told her that if
she furnished a proper t she would pay it ; tau which
the Piosrcutrix became more violcut, amid swore she would
not leave the honer even if a constable was sent for. The
Defendant then went to the kitchen, followed by the wit-
ness; the Prosecutria immediately attacked him, mid aid
he was one of the swindlers. 'flee Defelidatit laid he would
not allow such a noise in the house, and tligg/Provecutem
moat leave it ; mu. which she became Momiy i km,l, awl made
as attack on the Defendant's (me.• will her nails, and
'crotched it on both sides. He then took her by the arms
and forced lice hackwardruut of tie house ; her arm cause
In contact with the latch of the street door, which might
have hurt it ; the Defendant put her on the Snit step of th,
disOe, and shot the door ; she might have Callen into the
street. A short time/afterwards he heard a most violent
!sacking ■t the door., and the Prosectitrix, in the most
abusive language, demanding admittance. He swore in the
'most positive terms thrt tire Defendant "ever struck the
Prosecutrix.

Thomas Price, Eliza Burgess,. Mary Burgess, and Mary
Burrvis. corroborated the testimony of Mr. Chandler.
The left witoicss, on being asked by Mr. Late to describe
the manner in whirl, the Defendant forced the Proreentrix
out of the house by the arms, uswet wit him very coolly," that
if he would come up where she was Niatllllng (iu the "Ahem-
holt) she would 'thew hint," and raised her aims for the pur-
pose, which caused considerable laughter. The teemed
Counsel, however, declined the intitatiour and said hr had
no other question to .•k her.
The CoMMON SCRJIANT summed up the evidence with
' his usual perspicuity, and observed, this sons uue of the UN..
fortunate cases where there was such a ettalradititoo be.
tweet, the evidence silduced on each side, that it could only
rest with the Jury to Say which of tha parties giviug it were
refilled to the moat credit
The lacy tetirrd fur half as hour, and reformed a "'aerial
verdict, that they found the 'Defendant Not (rill, Of ate
violent part of the charge, that of striking the Prosicatrta
on the breast, but Godly of eke ressaining pate of Um
asopidt.
the Common SIR AAAAA observed, be could not rret:iye
stt♦i a verifier, for it was saying they did nut believe tWe
.oath of the Proseeutrig as to the violent part of the charge,
hat they did ae in.ibrisiaur part; if she was nut worthy of
belief to one part ahp cOnld not be loin,.
The Jury distrlettber considerai into returned a milieu of-
-Ifih
TheC4MMOS ,Plia.ntage then addressed the Defendant,
and observed, as the Jury had given their verdict of Guilty
against hie, the arraireice of ►he Court was, that be should
pay a line bfli. Is the 'King.
The Court were occupied during the remainder of the day
in trying cased of wo public iota-rest.

SURRSV • Sassiors.,Yesterday these Sessions
were held at doe Srssions-bouse, Newington. No
cute of public interest occurred.
The cownsy of Derby is *about to have a new
gaol. calculated to accommodate 100 prisoners,
upon *the moscialproved state of prison discipline,
and alto a new House of Correction. with conve-
niences for 150 persons. The site fixed upon fur
the buildings contains about six acres.
The 'London Cant Market yesterday was well
.supedied; liul.tbe sale, except in wheat 4t the best
,quality, very heavy, nod that barely sustained tliai
prices of last week.—ln the Dublin fttark'et, !
withstanding the abmidatitiupplies of °wheat mJ
•proc:•rling nisricetsvilrii very 'inferior quality. which
hes Well otfetidit'iol low rates, the quantity that
Wll4:fired on 'lrrldki was immense, at, even lower
V?lcer ; rattX calla but iu middling demand. burley
Fitts citteediii;ily heavy. Flour is coming down to•its •
.ald,price. The othet Marketwise
hri-
.land are nearly of the-, same descriptionorp•
Abe price of wheat has fallen

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