The British Press; or, Morning Literary Advertiser.
London, England, 1810-08-04 00:00:00

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1

LAW INTELLICENC'E.

OF KING'S BENCH, Gm LDELL4, AIM BIT 3.
rat Nisi Prins, bef ore Lord E'LLI/130BOUGH
and a Special Jury.

SALE OF GUINEAS.
111 t ZINO e. JAMES DC yosGe.
The Defendant was indicted for unlay. fully ex.
rising to sale a certain quantity of the current coin
(the realm, called guineas, and disposing of them
, ii. i,. 6 I.; the standard, by His Majesty's pro-
konstion, haring been settled at 11. Is.
Mr. Arroaser-Gasesta t, stated, that this in-
ictsient was founded on the Act of the sth and
ih of the reign of Edward the Sixth : which enact-
d, that if any person gave more, or disposed of any
arrest coin of the realm for a profit, or gave or
„dr.(' ninre in exchange than was authorised by
lz standard which was deed by royal proclamii-
on, he nr they should he guilty of a misdemeanour,
cad be liable to the confiscation of such coin so ex.
hwed, and hr subject to a tine and imprison-
wilt for such off:iice. The chief object of the Act
its to prevent peranns collecting and' disposing of
he hecoi f the realm to persons leaving the king-
ow ; hass sorry to say, that latterly it hail be.
*cues prevalent trade. It was unnecessary for him
state how injurious it was to the nation at large,
d particularly to the commerci it port of the coin-
unity. He would prove that the Defendant had
eri,d in this illicit trade to a great extent. The
oininissioners of the Mint had got ihfurmation of
, ~,1 wisely provided for his detection. Ir was
nnwewiry for him to state the circumstances, as
tr *mild be detailed in evidence. He was afraid
Ili this traffic hail be'n too long carried on with-
in bring detected ; it accounted for the circulation
alriti.li gold on the Continent. and its disappear-
ter at twine. Ile hod not a doubt, that when the
try were in po.ae-sion of the circumstances of the
se, they would find the Detention. guilty.
Mr. Leonard, from the Council Office, produ-ed
the Caxtte containing the proclamation of George
the First, d.'ed insist Saturday the gut or Dr.
1 ember, to Tue.lsa the 24th, in the year 1717.
:thug thestandird uf a guinea at 11. Is.
The tweelamation was read by Mr. Lowten.
Mr. M WYATT, Counsel for the Defendant. oh.
'led to it as poi, is the indictment set out that
woo prnehii.a-ri under the Gre .t Seal. and th, re
irav an proof that tar Veni•litinntion in rift GaZrile
tad the Gres, Seal affixed to it.
Mr. ATTOISCY-111:NER AL was happy this Ob-
ection had been taken, for it was impossible t;iat the

•
rerign could mite a I'L.aitlisatailtat isitisoist its
s:tis °mkt the Greet Sete.
. _

L. 1.1 El.LemsotovoN—" pm ronvinced that
Nforl4nvition pehl.s'l.ti inn (quate. suthonaed

I-1• •
M
ijesty, ts Nit/VI-tit pruof, and we are not
the dy to doubt that Proclamations do not go
ender prorr ocrotioy. It is the only mode the
Soologo has of comminicatinK his 'states to hes
lam commit-ere that The (jetsetter is good

Attired the everence of the Proclautatiou.";
M. ATTOZWEV-GaIIIMAL-•—'' My Lord, I have
)t the otiitioal Proelortfation, with the Sehl allied

• it, is Court; but i wiehofi it to be I mitt down by
flor Lonionip, that The Go =cue! was good ev Price.

. -
hit it might set u • precedent in other Once.
herr diet have not the advantage of your Lord-
hip .% prr.idiaq. .
Mr. Edward C. Pow#4l delvwed. that he was Al-
an's-Solo:nor to the Mita ; that from some la-
.

_ .
filiation %Inch came to the ()face. h. gave in-
trocion, to two men, of the mimeo of Caul arid
' it, to proceed to the Defendent's hears., on the
.6.11 of December last, and purchase some guiiiciii.
n order the hotter to rhagniae themaelsesr they I-tut h
iiiike the Dutch luny] we. Can, wag to perform
he Part of a Dutch Soperearr' o, who could not
rids F.nglidi; and Nash to act sp.his iuterpreter. lie
'oeN'''llsdl. in Haut of England Notes, which he
ook sn *croon of, and made Nash stamina them
ith lo.n ; he also gave•hina two Bask of England
t..l..rre, which he marked. They went to the De-
lid Ines house; he attended iu a coach at no great
isioner oft, accompanied by a peso+, of the name
1 Stoehr, an sulker of Shailwell l'olice-offrce.
lain a pre-ennerrted si4nni being given, he
nut to the Drfrodant's- house, and found that
-"lbratrt. a City Marshal,- who accompanie I
.."1"" Nmh, hot the Defeoilent iii eit,twilv.
itheaterprodimed SO 'Oilier's, which he said he
h from the persqu of Ciro!. The witness asked
%AI who Caul lied received there from I he an-
leered, knot the Defendant, and that Qua bud
lid his, 661. ds, for tbem in notes, and a Baitk
hers Ile asked the Defendant iT it was true P he
it was; but added, that the difference between
'• lOi. arid da1.51, was givers him by Coq% i's t
resat for the ettehanv ; that he had not efiergea
'''' t"Ilr'l 11. Pc for etch giiin•m. L-I.lbeater
corh,
I"thired a pareei of Wank of Enzlits.d notes,
i,essid, he took from a drawer in a 111144.1 U
16 room'. Tney were the notes the witness hail
en to Nash; there were three short. He st,iteti
' Polio:ter if he had any silver? lie pot hi.
'al 'n his pocket. and hronght it mit fall of
voles and other silver. Thin witness took from
10....‘t them Ilie dollar he had marked. lie asked
I/4,14w if he hod much more gold t He
"I ' iw • ise coatsiairtor 90 goinea• ; I second.
11: great iitiutitily of holf.voineas
"I sigh seven-shillings pieces. There *err cc'
.11 g.l4'.'ty alaaty.h4g4 iii the mom. The three
et 1" "k of England note, were proiloced by
41%-ner; he took them from Ceul, with the.
. limk dollar.
J. Cml full] etrtoglotte4 theitoitionee of the
Wit"'w., ..• to his sad Nasts'a isiotriscfilmo•
:1
2as tile:. went Arse to the hcrase of the Defendant.
7....°"1, Ini*ire. Nash said the witness was an cc-
"" l"et of iii.,. jpo come from Holland. She in-
.,4.4 from the witness what he wanted; he replied.
~thitel o little goisi;
math sloth. - she asked wherrecominesided
•ime I 1:1;;nage; Pie *metered Copt. Key.
/4110Plio Ira;
Nus,h, .I.gone ta UM telhargh : she sherred them . par, oar,
Ow ih„ii add sent a. boy for the Defendant,
Me
y made :iis appear init., and asked nearly
:an" gurni•nis his wife huil.dosse. He said,
L hoped
he wool.' let him hart the gold 011
Vhllme terms as Capitals' K?Y"11' 'Tote D-
ot,_°47arod. he • could ant : he let hi :n
e 7'.., g.II !WWI, at Mg advance of It. 3i. ; hut
', .::Ce 1.
P.
. 64 rn.o, toil he could not take less than
4 ;* `dva:lce- The visions told lain he must eras,

agree to that ; for paper would beof no use to him in
Holland ; and he unly wanted 50 guineas. The 13:-
fendattt gave him the guiiieas, and he pail him Sbl.
in notes, cod 5.. by a Bank dialler. The Dzfe.id:int
told hits he must take care how he took them out of
the country, for by the lava of the land he was not
entitled to take more than five. told him ho
need not he afraid, for he would wind them round
his waist. N ish said he knew a better way than
that, for he could sew them in a garter and fasten
his stockings with theta. The Defendant's wife said
she new a liAter way than either, mid asked the wit-
ness if he slid not wear a cotillion in his 'seek-handker-
chief ; lie answe►ed in the a ffirinstive. She bron4lit
a piece of flannel, and rolled some shillings in it.atid
said, "Thus you may putt your guineas, and when
folded in your handkerchief, it will be beyond sus-
picion." The witness proposed they should have
.ointliing to drink, which was sent for. They
took a glass of ruin a-piece. The Defendant re-
quested that the winless would recommend some
of his c isuitryinen to him, and, lir 'neon. ' g his
name, it would be a pits port. Nash and the wit-
-111414 were going out of the street door, attended
by the Defendant end his wife, wheu they ware all
shoved back by Leadlwater and &cque : the De-
feodu:at seamed much frightened, and whispered
the witness in Dutch to say, that lie did not give
more than 11. Is. for ,•ach guinea. On hi. cross-
examination, he said he gave hack-notes for gui-
!MIS, and not coin for boin.

Leartheiter and Ntlbh corrnUorated the evidesee
of the other two witnehoes.

M r. viadißsArr gait!, the etrehinttc was !admit ked;
bat he hail humbly to aid 't to his that
the indictment could not be maintained. It wog
foniled.on an Act of Parliament 1,11101 wag nearly
obsolete: the Act stated that it WAS UnIVA fUll to
enchaugegidit coin for silver, or silver coin for gold,
tar profit ; but n•tt a word was immtioned of bank-
note, ; they could not be contemplated, for thev
were nnknoan for many ye.irs after; soil by the
statute, the penalty was as greet on the iourthasee
as on the purchaser.
Lord EL1,11:415011101.164----" It you wish, Mr. MAR-
RY 4TT, ou ran save this point out that I hold
doubt of Its invalidity, hut because we have a vast
deal to do, and there will he tuner time to argue it
in terms; I have not a doubt b.st the statute was
inte...led for the ..xdoiogo of the truck of the then
present day ; bat I think it ,vide enough to admit
Polk-notes, gross goods, if it is agreed to
take a e••rtein vainer over the staudard currency."
M. AI A IRV♦ rr—"•The duly reason, my Lord,
that I shott'el wilt 1.1 argue the apiestion now is,
that the I) ten la tt is liable to a specific pani•h-
meut. if foo.id guilty, and the Crown may arrest
hint.••

Mr. AeroPtsee,Gtiralt4r.-1. I will, my. Lord,
do away waft Mr. Nlarryott'ii tsiners, for I will
give rnj promise the Defendant stall not be dis-
turbed. until after his Council bas art opportunity
of moving for a new trial. lie to already under
bail."

Ir.rd Ettresoaornui Gentlemen of the
Jure, I 11111 Or opinion that the Defendant did re.
ceive more than he was allowed 17 tie Pe-ndaina-
lion; and I would reeninoteod that you .hould find
ycu'r verdict as aurh , at.the ionise time I will wave
the point for the D.-fendient ; but don't let it be
undenitorid that I em of opinion that it is not 14
brevet) of toe Statute. I would not wish it to go
shined that there was any dont), Nem the soliect,
for it is a most injorlous traffic."
Tiie Jury trim' 1-.4 a v-r.liet nr—Guilty.
("RIAU CON. 11'4 LOW LIFE.
A :111:11T011 O. vett.i.simen.
Ti.is WPM an *even brought by the Plaintiff to re-
cover daintges from the Defendant, he having held
a crimiicil eottversition with the Plaintiff's wife.

It appeared that the Plaintiff WAS a joitrneyinan
gold-beater, residing in Long Acre; and the De-
lendant, a gold-refiner in Ihr same neighbourhood.
The Plaintiff* married his wife on the 12.1 of June
1807 ; and before a month had expired, he was
attested for debt; (luring which time his rah formed
an arvinaintance with the Defendant, without the
knowledge of the Plaintiff: from which tiny! the
intrigue enteinue.l until May lint, when the De-
fendant and the frail one was found in a very awk-
ward situation. The Criminal Conversation wet
proved beyond a doubt.
Lord ELIA N sotouen observed, the Plaintiff
easinrilained of the loss and injury he hid sustained,
by king deprived of the conversation of his wife.
These kind of caws differed according to the situa-
tion in life of the ;parties, and scent-ding to the cir-
cumstances of the I cases. The Plnintilf ea,
ism affected by any connivance ; the loss of sorb a
wife could not havgenjured him materially ; tont
that was no apology for the Defendant. The
P 6404,31 entitl-d to some dama,tes, and it was
the duty of the Jury conscientiously -to assess
them.
Vert& fur the Plaintiff.—Damages, 10al.

COURT Of COMMON PLEAt, Gvlt.o3l*.L, Alto. s.

ltrAre Lord Chi," Justice M INSFIELD and

Jxries.

MOP& AND OTHERS e. WILSON AND OTHERS.
Ti.i4 was an action brought by the Plaintiffs, the
surviving partners of the firm of Coolie and Co. sus
gir-retiners, erinst the Defect lints, Directors of
the British Fire-Otlice, on a policy of insurance,
Mr. Serj,.-ant lIKST stated. that. in the year !Sol.
the Pleinte, had insured their premises at the Bri-
tish Fire-Office, foe seven years. for the sum of
6.0001. This term expired on the 29th of Septent•
bar 1807; and on the 15th of October following
the premises were destroyed by fire. The Defend-
ants. in their printed pamphlets and advertisements
had stated. that " they would be accountable for
any damage by fire, which happened within IG
daysarter the expiration of r yearly policy ;" and if
they did not intend that to be the case, it was • gross
frau I and delusion on the public. A• few diva be-
fore the expiraton of the policy. the Defendants
sent • person to survey the Plaintiff y !item's.%
who at the same time informed them, that the offiee
did not mean, in future, to insure for a hirer turn
thin 5 0001. !lad .the notice been, that it was not
the intention of the (Ace to insure the premise. at
all in future. of course there would he *fiend of the
Re ion ; hut they spi.,:iticatiy state 1 that they would
insure for 5,0004: and the tire having Irippeneil
within the IS days allowed by their prospectus. he
telt himself eutitled to a verdi.:t for the latter 2u•ii.

Af.er the tiro, the P ltintif, occoraPinied by a per-
-304 who woolit prom the fact. terttlerti toe itibu-
rtnee premlttql tor 6,000%

Mr. Itichti.r, clerk to the Phoenix Of fire. pray-
ed that he yeay pre6e3t ashen Mr. Coupe, er the
fire, teudere.l 423:. the iii•isr.ince premium end
duty for 6,0001.; and Mr. Joins Shaw deposed, that
he wit+ present whets Plaintiff made a tender of
3-1.5!. the premium and duty ou 5.00 UL fur emu
year., both of WIIICII mere refu.rd.

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Mr. Serje Int SHE:Pa:MD Mated, that, in two in-
stances, the interpretation of the clause on which
the prriens claim was founded had been solemnly
argued, and a very different meaning had been
attached to it front that which it was now con-
tended it bore. The eases he had alluded to were
those of Salvin and James or. the ?ilia Fire-Office;
and Swamis a. the Loverpuol Fire-Office. The
latter of these was a case directly in point and it
was then decided, that unless the premium was
paid within the 15 days, the pulley, winch hid ex-
pired at the end of the year, was null and void. The
meaning of the curse *W4 steed to be this : "if
within is days after the expiration of the year, y.oss
offer to take out a new policy. that the offer is ac-
cepted, and you pay the prensmin, it tvAl cover you
(rorn los; by tire, from the expirttion of the forester

Leird Chief Justice Mcrvseteto, who bad pe-
►used the prospectus issued by the Directors, ob-
served, Out he ,it, wider the moth article,
uun-
suit the Plaintiff.. The article specified, .. that
the Office would unt be accctiiittiblc unless the pre-
mium was paid within 16 c[iys."—l'lliintitl Ada-
/Wired.