The British Press; or, Morning Literary Advertiser.
London, England, 1808-11-04 00:00:00

LAW INPELLrt:A-t•Ei
kINGI EENCH, GUILDHALL-NOT. J.

Tag alg6 V. Tag CON dI.SIOM£RS OF COIVIr6M-

SATION.

•
This rats an action brought by a ;11r. Vney, a
very extensive s aielionseniati, to recover ceinpensa-
time for the deterioration rn his fitismess aud pre-
mises, by the operation of the contimment of land-
ing, storin, tar:. certain article* of importation, in
the %Vest India and Loudon Docks, under and by
virtue of the statutes made for that purpose. This
acts had been originally brought LiclUre the I,te-
carder of the City of London, under the provisions
of those statutes, and in that action the Jury had
assessed the Plaintiff's damages in the sum of
60001. ; this verdict was, upon motion and argu-
ment in the last term, in the Court of King's
Bench, set aside, and a new trial awarded ; and
upon shut occasion, the sum of 40001. had been
offered by the Attorney-General, in the name of
the Commissioners, but this was refused, as blades
quate ; the principle upon which the. Commissio-
ners calculated the measure of damages, was upon
the overage annual amount of the Plaintiff's profit's,
you the warehousing of such articles for the three last
years immediately preceding the above statutes, in
1799 and 1800,as after these periods were compulso-
rily laroicd, and stored intim public docks; while, on
the other hand, it was conteirded for the Plaintiff,
he was injured by the loss arisiN from the aliena-
tion of a variety of other articles, which, though
they must he landed, were not of necessity stored
there, but the expense of removing which, to other
private stores, virtually amounted to a prohibition.
It was also contended, for the Plaintiff, that the
average was ill taken, and that the purchase wider
that overage should hr more liberal than that al-
lowed (three years), there being instances of four,
and one of six years' purchase having been awarded
as conaiwnsation. To these points the evidence on
the part of the Plaintiff applied, skewing his annual
profits for a series of years ; while on the pert of
the Defendants were produced extracts taken
f the Plaintiff's own books, tending to narrow
the grounds upon which they should bottom their

After a very minute and patient investigation of
a great variety of figures and calculations, by the
Learned Judge (Lord ELLENtiottocco), the Jury
retired for same time, and at length brought in a
•verdict for the Plaintiff—Darnage*, 40731. Is. 4d.

•ROORE r. MIDDLETON.

This was an action brought to recover, under
the statute, treble the amount of certain bills
which were discounted by the Defendant, and for
which it was alleged he had usuriously charged
above the legal interest.
Mr. GAaaow, for the Plaintiff, stated this was
not of the class of qui tam actions for the benefit
of the informer, but brought by a respectable Gen-
tleman, whose only object was to cheek the mis-
chief arising from such transactions, to the indus-
trious, but sometimes distressed trader; and whose
avowed intention was to apply the whole amount
of such damages as might be recovered, in liquida-
tion of the debts of the creditors of Messrs. Wil-
kins and Lacey, bankrupts, and who had been the
objects of plunder to the. Defendant. The above
Gentlemen were Blackwell Hall factors, in the
year 1797; and the Defendant is a carrier and
country• banker, residing at Frome, in Somerset-
hie re. In January of that year, having occasion for
money, they applied, by letter, to him, to discount
certain bills, of a long date, for them, which he
dill, charging over and above the discount a com-
mission of seven shillings and six-pence for each
1001. In April of the same year, they again ap-
plied to him, by letter, for further assistance, when
he wrote to them, that he understood it was the re-
gular custom to charge a couunission of one quarter
per cent. by the month, with which terms they
were unde► the necessity of complying. In June
of the same year, Mr. Lacey, one of the partners,
went to Frome, where accounts were settled be-
tween the parties, and a third accommodation took
place, upon similar terms. The partriers afterwards
became bankrupts, and have since obtained their
certificate.

Mr. Lacey Navin', released all clr:im to any sur-
plus out of the bankrupt's estate, was called to
prove the above facts. Iu the course of his exa-
mination, his eTidence not appearing to support the
declaration which applied to the third transaction,
that part of the case WWI abandoned.
The ATTORNEVAiIgIf KRAL, for the Defendant,
contended tL•ey had equally failed in all their Case.
As t* the se•ond transaction, he argued that the
declaration having set forth the forbearance of the
Defendai.t to be from the •loth of April, the fact
negatived that, inasmuch us the letter containing
the remittance from the Defendant, was sent from
Procne on that day ; and, of course, could net come
to hand before the nest day—from which latter
period, the forbearance was to be computed. In
this position the Noble Lord coincided, Lint waved
the point, at the request of Mr. Gurrow. The first
transaction. lie Pikevillee insisted, was equally un-
tenable > because, fir 4, the commission charged
was not unreasonable—Kind asst. -because to the

. •
sum allege(' to have been so charged with that
commission, should he added the price of the stamp
for the droll of the Defendant, and the imstages;
both which. it was admitted, were payable by the
borrowers. This, added to the other sum, made
a variance, which. however trifling, was such, as in
an action founded upon • penal statute, (mid of
course to be construed strictly) was equally fatal
with the other objections.
The Noble Lord left these last objections to the
considemi;on of she Jury, who found a Verdict for
the Defendant.

The James, Palos, from St. I 'hes for Dublin,
is on %Imre ut Ciesashaven harbour.
A *petit' meeting of the Commission of Lieu-
tenantcv tool• place on Thursday test, at Orwell
Perk, *tory St. Edmonds, for the purpose of at-
testing and enrolling the members of the Colneis
Hundred Volunteers, commanded by Major YE...
NON. the High Sheriff of the County, who offered
to transfer their services to the local Militia, when
155 men were attebttil, and nenrly the whole of the
remaining members of that excellent corps have
since oflered to transfer their services. The High
Sheriff, ispit the 'drove occasion, entertained the
niSimra and privates of the corps iu a most hospi-
table manner.