The British Press; or, Morning Literary Advertiser.
London, England, 1826-07-05 00:00:00

THE BRITISH PRESS.

Equity adopted by the plaintiff, and also of the charter party, by
which it was agretd that the height was to be paid ten days ;ilia
the delivery of the cargo.
This closed the defence.
11r. Se...u-Kir addressed the Jury in reply ; and contended
that Messrs. liepley and Langham having accepted the cargo,
as consignees, were bound to pay the freight, and that the whole
ulterior proceedings were merely colourable,. in order to defraud the '
plaintiff of his freight. They had admitted themselves as im-
porters of the cargo, and had obtained documents from the Custom
!louse in that character. They had even certified that the cargo
had been imported within twelve months and not sold. and yet the
Attorney-General had said that the cargo was sold under the
Sherifte sale. It was a mere fiction ; the goods were their own,
and it was not competent for them to treat them u those of Mr.
Thornton. Under these circumstances he contended that the
plaintiff was entitled to a verdict to the whole value of the goods,
if less than the amount of the freight ; or it more, then for the
amnint of the freight only.
The LORD CHIEr'JusTICE, in summing up, said the question
seemed to him to be, whether the goods were bona Pr taken for a
good debt ; if so, a verdict must be found for the delenthints; or was
the execution had recourse to merely as a colour to enable Messrs.
Ilepley and Langloun, who were the consignees of the goods, to get
the property without paying the freight.? If they heel accepted the
goods under the charter, they would have been liable to pay the
freight; but their object was to get the goods without paying it ;
and his Lordship was by no means prepared to say that their
character as consignees would not have enabled them to have issued
execution upon a judgment obtained by them against the con-
, signer of the goods consigned to them, in the same manner as any
other creditor might have done. Still neither of those points de-
-1 eldest the question ; that bring whether they did actually take
these goods under the execution fairly and truly, or only colour-
ably? His Lordship then recapitulated the evidei,ce, and left it
for the Jury to determine whether the execution was bona fide
or not.
Mr. POLLOCK, on the part of some of the defendants, hoped his
Lordship would permit him to tender a bill of exceptions.
The LOUD CHIEF JUSTlCE—Certainly, Mr. Pollock ; then the
verdict must be entered for the plaintiff.
A verdict was accordingly taken for the plaintiff, subject to a bill
of exceptions.
The Loan CHIEF JUsTIOE then took a note, at the request of
Mr. Pollock, that his Lordship had left the question to the Jnry
whether the goods were really and bona file taken under the exe-
cution, or whether it was done merely colourably, in order to get a
title without subjecting themselves to pay the freight ; but that he
ought to have told the Jury that then the possessioo of the ship
was out of time plaintiff; by virtue of the charter party, and that,
consequently, the Possession of the goads was also out of hint ; and
also that he had no lien on the goods; and further, that fraud
ought to have been averred in the pleadings.

COURT OF COMMON mr.As, GUILDItAt.T....itn.Y 4.
MONEYPENNY L. D %%lA./oil) AND OTHERS.
This was an action for work and labour due. It appeared that
the plaintiff was an engineer and architect, and was employed by
the defendants to build a bridge over the Severn, for 'which purpose
they had obtained an Act of Parliament. The plaintilfgave in
the plan and estimate, and began the work, but was soon dis-
missed.

Various witnesses were called, who apoke to the plaintiff's
skill and ingenuity, but admitted that the outlay had greatly ex-
ceeded the estimates, bum the plaintiff not having contemplated
the necessity of piles, without which it was filuncl the work
could not be carried on. It was also proved by the defendant's
witnesses that he had miscalculated the expense of a road to
lead to the bridge, and put the Company to greater expense than
they had anticipated. The architect who succeeded the plaintiff
made use of the works he hart erected. It further appeared that
the plaintiff was a Shareholder in the Company to the amount
of 500/.

The LORD CruET JUSTICE left it to the Jury to say, whether,
under the circumstances, the detendants were warranted in dismiss-
ing and refusing to pay the plaintiff for his labour.
'f heJury withdrew for nearly an hour, and then returned with a
verdict for the plaintiff—Damages 75a, bottling him liable to pay
50U/. from it for his shares.

OXFORD CIRCUIT.

ABTNGDON, JrLY 3.

The Mabel commenced here this morning for Berkshire, but
nothing of interest has transpired. The Assiz:s for this county are
held alternately here and at Reading. At present there are but
eight causes entered, and only twenty prisoners are for trial in the
gaol.
111 r. Baron Gannow eloquently charged the Grand Jury, and
congratulated the gentlemen of the county on the diminution of
crime. Ile said the calendar presented to him spoke well of the
moral feelings imbibed and exhibited by Berkshire.
111 t. Justice BILIRROUG/I presided on the Civil Side, and tried
six causes, which were totally devoid of any thing interesting.