The British Press; or, Morning Literary Advertiser.
London, England, 1825-11-29 00:00:00

the • eluani=dcotton. Instead of paying them commissions'
the plaintiffs to Messes. Davidson and Co. the interest in a
third share of these cottons, which they accepted. The cottons
• nine nwridsesed according to the instructions, and paid forbv the
plaintiff'4. Meats. Davidson and Co. afterwards pledged 200 bales
otthewi cotter.s to the defendants in their owe name, and never re.
erazd them. The plaintiffs, upon this, brought en action against
them to recover damages. There was a verdict for the plaintiff,
aubgett to the opinion of the Court of King's Bench en this ques.
tioa--whether Messrs. Davidson and Co. had such an interest in
the cottons that they could convey to the defendants a good title as
whist the plaintiffs 7
In • founts pan of this Tenn this point was argued for the
plaliotiffis by Mr. Kaye, and for the defendants by Mr. Parke.
The final:. Cause JUSTICE delivered the judgment of the
Court. Ile read the correspondence which had passed between the
nlalntiffi. and Messrs. Davidson and Co. respecting this transaction.
Hit said that for the plaintiffs ft had been contended that the slessrs.
Davidson and Co. were merely the brokers of the plaintiffs; for the
defendants that in this trantiactian at least Messrs. Davidson and
Co. ,ere partners with the plaintiffs. His Lordship said, that a
parrenslup may well subsist, although one of the parties advances
all tic money. In this paaticular concern Messrs. Davidson were
not to receive a commeirion as brokers, but they were to receive the
profits en a third of the transaction, and if there was a loss they
were to bear the lost upon one-third. From this and all the cit.
cemstanees disclosed in the correspondence the Court held that
Messrs, Davidson sad Co. were to be considered as partners, and
therefore that they *ere in a condition to convey a good title to the
defendants.
The potter was, therefore, ordered to be delivered to the de-
fendants.
CRIMINAL INFORDIATION—BERKSHIRE CHRO-
NICLE.
TNT RING V. BRANDT AND OTHERS.
The Arroitette.Gentaat. was proceeding to show cause why
• criminal information should not be filed against the defendants,
who are the printer and publisher of the Berkshire Chronic*, one
Smith, an attorney, residing at Reading, and one Leach, the late
landlord of the Four Horse-shoes public-house, near Reading, for
a libel against Mr. Monck, 31. P., Dr. Stevens, and two other
gentlemen, magistrates of the county of Berks, touching certain
proceedings relative to the licensing of the said public-house,
when
Mr. SceILETT gee to say, that to save the time of the Court
he had no objection to enlarge the rule till ne.,:t term.
The AT loan re-Grine..a. wished to consult his clients before
cementing.
The Loan Cniwe -Test ICE—We will enlarge it without con-
sulting clients, foe the convenience of the Court.
THE BOROUGH OF RYE.
INS RING V. NERRION AND OTHERS.
Mr. Seaal.llT, at an early day this term, obtained a role nisi
for a criminal information against the defendants for usurping the
various offices of the Corporation of Rye, taking possession of the
Town-hall, carrying off the records, and sundry other acts, whereby
the administration of justice and the other business of the Corpora.
ten was entirely impeded and obstructed.
The ATTORrEY-GENERAL showed cause against the rule.
He said that this application had originated with Dr. Lamb and
. oche, persons connected with him in the management of this
Borough. For the last fifty years the office of Mayor haa always
been in this family. Either Dr. Lamb, or his father, or his bro.
thee, or his brother-in-law, ese. had been the Mayor. The Corpo-
ration consisted of • Mayor, 12 junta, and an unlimited number of
freemen. The Mayor was elected annually by the Freemen, sworn
in by the old Mayor. and he himself then nominated thejurats,
who held their offices for • rear. The Freemen were so either by
lairdnieht, by election, or by nomination of the 3layor. Dr. Lamb
and hip friends had contrived to manage the election and raming.
• Con of freemen so as to make nearly the whole of theta his own
',dense/as. The greater part of them were persons of no wealth
of influence in the borough, the most respectable and
wealthy inhabitants being entirely excluded from the freedom.
And what (said the Learned Counsel) is all this management fort
Is it for the sake of governing and controlling this paltry be.
rough ? By no means; but to secure to themselves the return
of the Members to Parliament. He then went on to say. that
the present Mayor, the Rev. Mr. Dobson, was the brother-in-lam
of Dr. Lamb ; that he floes not reside at Rye; that he has three
livings in the county of Lincoln, where by law he is consequently
compelled to reside constantly. No person, the Learned Counsel
cuetended, was competent to hold this office of Mayor who was
unable to reside. Again, the Mayor, by the charter of the bo-
rough, ought to be chosen front among the freemen; but Mr.
Dobson was not a freeman. The day of election, too, was by the
Charter to take place on the first Sunday after the feast of
St. Bartholomew. This day of election hail been changed
by a be-law in the rear 11131 to the Monday after. Now,
who ever heard of a Corporation being able to change the
day of election by • by-law P For each and all of these
tenuous the Learned Counsel contended, that though Dlr. Dob-
son might be elected and sworn in, according to the usual for.
ailines, his election was nevertheless bad. 14'henever • party
applied for • criminal information, he always understood that
he must come with clean hands. It could not be acid that Dr.
Lantb and his friends were in this condition. They ought,
flier:fere, to be left to the ordinary remedy by indictment, or
quo nerranto. So far NM merely preliminary. Ile now proceeded
tr oe immediately to the details of the case. He had it on his
**davits that the defendants had need no violence—they bad.
proceeded In the most quiet way possible. This was admitted by
the very parties who had applied for this rule. Their object was
simply to try the question of right. The two parties had gone
hand in band till the 18th of October, which was the day for
holding the quarter minions, when,ln imitation of a similar triok,
by the proeecutnrs, they had motrived to gee very early possession
of rite Town-hail. In effecting this, they hail, however, used no
violence, as lied been alleged, or, at all events, insinuated in the
affidavits on the other side, but hail got in at the window; and
when lslr. Dodson went in his scarlet robes to open the sessions,
true it wm that he found the place preoccuped, Mr. Menton sit-
up, out Mayor, and others of his friends filling the other seats of
Justice. He did on this occasion as any other man would proba-
bly hare done; he laughed at what he saw, anti adjourned the
sessions to Mountsfield, the residence of Dr. Lamb, and which is
situated out of the borough. There was, in fact, do single act of
violence, except the taking away the records. This, however,
could be very satiafacterily explained. On a fanner occasion,
these records had been taken away by the Chamberlain to his
own house, and several of them burnt there at midnight; and oa
-some one suggesting that thee had better be taken into a field and
buret, the Chamberlain replied " that would excite suspicion."
Mr. !denim), fearing the recurrence of a similar catastrophe, had
taken them away for the purpose of making a schedule of them,
and they ere now safe in his custody. Mr. Merrion had been
elected on the Sunday after St. Bartholomew's feast, seconding to
the ancient charter ; two of the votes, those of Prosser and Smith,
were among the most respectable in the corporation ; some of the
otters were, perhaps, of more doubtful title. Ile applied to the
Mayor, whose period of office was then expiring, to be sworn
in according to the charter, who refused, and he was then sworn
le by the emendate as the next officer, and in the presence of the
Mayor. Upon all these fat* the Learned Counsel contended that
lie. Menton was a good Mayor, and that Mr. l)odson not being
eligible, the ground of this application entirely failed, and the rule
' kr a criminal information ought to be discharged.
Mr. Serg.oint TADDY followed on the side.
• The COURT repeatedly interposed, asking him over and over
.tVo how Mr. 51errion could be called Mayor, since he had never
• sworn in. if he was entitled to be sworn in, and a refusal made
swear him in, this was not the way to enforce his right. He was
hat to take violent possession of the Town-hall, records,
=to have applied for a mandamus, to be directed to the proper
authorised by the charter to swear him.
After several fruitless attempts had been made to dispose of the
DUE., and after every successive failures,
Mr. Sergeant TADDT again resuming the course of his argu.
anent, and entering into the details of the affidavits, which were
ypey voluminous,
The LORD CtlrEr JUSTICS said, Do you reflect on the posit.
Why of our making this rule absolute ? Ido not say that we shall
- de so, but it is certainly possible.
Another consultation now took place, and it was finally agreed
that the rule should be discharged on payment of costa, the de.
Addition undertaking not to act, or claim to act, as officers of this
oetporation, until the right shall have been determined by some
course of legal proceeding, and undertaking also to deliver up
possessionof the Town-hall and die records, and other documents
to Mr. Procter, the town clerk.
Mr. Sc A a Lztrr —The rule to be enforced by attachment.
The LokD CHIEF JOSTlCX—Undoubtedly, and now that this
tele is disposed of, I will say, that however I may disapprove
of the practices of some corporations, I must strongly expecte my
draappmbation of such anemias as the present. Whatever rights
parties may pogram, they ought to enforce them by a resort to com-
petent judicial tribunals.
THE MORNING CHRONICLE.
TTIE ZINO O. CLTNENT.

Mr. SCAILITT havmgobhilestl sfs days op • role nisi, for
a criminal infortnation against the defendant, who is the proprietor
.4ef Ore Morning Chronicle, fora libel on Mr. Hullett, and the very
Veeitestable house of Hallett and Co. merchants, Throgmorton-
amett., which :rimmed in that newspaper in the shape of a letter
Mr Correspor.dent, on the 23d of July last.
I*o A TTOltrilelf-GEW URAL, Who is for Mr. Hullett. moved to
416/lie this rule till next term, on the ground that not Miring got
the affidavit% of the other party till late en Saturday, they had not
hail an opportunity to answer them.
The Cum t cranted his applicstioe.
TICKUIONAK *AMMO.

This, it will be inih-e-rejlrectTon of our readers, is an action
PH a libel. The libel II a letter written by the defendant, the
lioarberefor the Ibises shy of Cambridge, and by him transmitted
to Calcutta, unsealed. and with instructions to the bearer to avail
himself of all convenient opportunities of making known Its rens
trots. The action was to have been tried in the course of last
spring. when, in • eery late stage of the proceedings, it wax disco-
awed that these wan a technical difficulty in proving the publica-
tion of the libel, which coedit only be got over by a witness who is
Using in the East Indies. The Court, on motion, gave leave to put
ed the trial till after the testimony of this witness could be ob.
tamed by a enenarissicm sent ow for that purpose, on condition that
the plibitiff(Nir. flaskinghsm) should pay the expenses of certain
witnesses which the &fondant had brought over to this country.
/teaseling to the rule thus obtained, the trial was put off till the
Pillage after east Trinity Term.
Sr. Gulliver, a few days ago, obtained a rule Mai to amend
this mile to the sittings after hi ichmlinse Term, and also to enlarge
keens to mil 6,1 Mr. Buckingham to pay the expenses incurred by
witnesses which Mr. Banks has brought from the East Indies.

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