The British Press; or, Morning Literary Advertiser.
London, England, 1824-12-06 00:00:00

HAP/lint-TON T. 'root:ANT ANY) OTIIErS7

In this ema a ! ;I! t,.3% led in the. tionuti of 3lov, 1822, setting
fOrth a commet wilich had been entered into in Jaly, 1813, which
purported tint tic pur.lisser of a (attain estate, a hich was to have
heat sold by public auction, was to pry•down as a deperit twenty
per cent. upon the amount cf the purtlia,e moacT. From some
rrisoa the estate was sold by private contract. BUM agret2
upon for the estate was ten thousand pitteols, and tan thousand
pounds, as a deposit, was placed in the hand* of Messrs. floggart
and Phillittn, stectinneers. Mr. liottit—t, having survived Mr.
Pitillirs, we, served with a notice from Go• bincLastr, desiring Lint
t.t ley nut the 2.1.43.1. et interest, on or a certain day, and
thas if he did not calmly Ono...with, be lied responsible
for bums% Mary olijt ttiuos loot been ra,s^d to the title-
-I:,ietls, tral the tit:colon with respect to it:lciest (which his Lord-
:!ip now urlerstood to be the only point of contention between
the parties) was zr curtly legal queation. The bill was filed apinst
31r. Ifogt;ort, celling upon him to set forth an aecnant of all the
iterovaits I.e hail, in the cruise of burin's., ever received. If the
defendant 'relit: admit that he had rec, ivied 20!. of interest, the
que,tinti could then be tried at law, and a:tent-Ards this Coon could,
withont much inconvenience, tequest lloggart to show how
much more II: hail received.
31r. SHAJIWELL said he would pee his client between this and
3londay, ana by that time en-,ble hitit,lf to state candidly to the
Court the extict bUtil of tub:scat that had been received on this de-
posit.

COLTT OF KING'S lILNCII, SATURDAY, Dm. 4.

TARIM V. CIIAMIIVIIT.A/N.

Mr. PLATT opened the plcathep, a::d 11r. CirT:VEY stated the
can..

The appointn.ent of clerk to the parirli of Mary-la-bonne was
vested in the Doke of Portland by an Act of Parliament, and liis
Grace had appointed to that office a Mr. Michael 'f ykr, one of the
Poor Knii;lits of %Vindsor, and who reaitirtl in a:nl out of town, the
office king exec:lied by deputy. The plaintiff in this ecion
(the Learned Counsel stand) was the deputy clerk to Mr.Tykr, and
the defendant was Mr. Tyler's deputy, as sexton. The emtese of
business was, for the sexton to pay over all the fees to the plaiiitifi;
reserving to himself two guineas a week ; and the plaintiff res.:vy-
ing to himself a aahry of the same arnannt, paid the balance of
tees into a banker's., to the account of .`.Jr. Tyler, his principal.
For some time rant the plaintiff lied net paid any thing into the
banker's, but he had kent on account of his tec:ipts up to within
two months of the present rime. 'lnc action was brought to recast:
the balance due to Mr. Tyler, according to the plaintiff's account.
and the amouut of tees received during the two months that no ac-
count had been taken which r he asermined by an overawe of
preceding months. The plaint had been dinmi•scd from his office,
for not paying the proper amount of fees to his principal. Ilia de-
ficiency had arisen in comcquenee of the defendant withholding his
payments, amt the action wits brought to recover from the dele::d.
ant the amount of his defalcation.

By the examination of Mr. 'Tyler it appeared Coat the defendant
had no relation in his office weh the plaintiff; but derived all his
atukority from the witne.s. The plaintiff had, therefore, no claim
upon hint for his defalcation, the right of action resting in the pariah
clerk, Mr. Tyler.
The plaintiff was therefore unranked.
QUAISAINGTOW V. snows,.

This was an action upon a guarantee alleged to have been given
by the defendant. for the dile payment of 10!. worth of goods sold
sc.d ddivertd by the plaintiff s 3 person named Shepherd.
111 r. DENMAN and 11l r. CUITTY were for the plaintiff, and Mr.
SCARLETT Mr the defend-mt.

The plaintirwas a dealer in glass and china, and in May. 1823,
Mr. Shepherd, who had opened a splendid 04:e-house in llond_
career, under thc title of " ran.; imperialc." witthell to be supplied
with some glass and china. The plstintir agreed to supply him,
it he could get security for the payment of the goods he wantewl,
by imonlittents of :if. a month. The plaintiff was referred to
the defendant, who had sonic trifling articles of china on his own
account.

A letter Wig now put in in evidence, purporting to be a written
guarantee by. the defendant ; but there beirg no proof that it was
his hand-wntiag, and, on the contrary, the plaint:ff's witness
stating that the defendant refit, d to sign it,
plairtirs Conned aliardoned that part of the case, and was
content to take a verdict for 21. Is., the amount of goods sold to
the defendant hin:self.

To this no rai•tance was cffered, and a verdict was entered for
the plaintiff for 21. Is.

T4IIIFRET e. 'MATE.
This was an action by the Noble Lord as executor of the late
Peter Dennia, Esq. to recover the penalty of an agreement entered
into between the testmor and the defendant, sod which had been
broken by the latter. and was draught for the benefit of the willow,
Lady Charlotte Denria. Mr. Dennis, it appeared, had granted
the defendant a lease of five acres of land adjoining his own house,
called the Parrillion, at Cheh,ea, at a rant of twelve guineas an acre,
upon condition that he should not plough up the land, or in any
say convert it from grass 'and, under a penalty of 10111. for every
acre so converted. The defendant had, since Mr. Dennis's death,
pToughed up part of the land, dug out brick earth, burned bricks,
laid night.soil. and commixed other acts of conversion and nui.
'lance an the land, in breach of his agreement, and to the great an.
noyance of Lady Charlotte; and for these ads the present action
was brought. Some objections :n point of form were taken by Mr.
Searldt, tor the deferdant, and recorded by the Chief Justice; and
after a long de:ail of evidence, the parties, at his Lordship's sug-
gestion, agreed that a verdict should be entered for the plaintift:
with one shilling danteges.