The British Press; or, Morning Literary Advertiser.
London, England, 1804-06-04 00:00:00

LAW INTELLIGINai.

COURT OP ICING'S BINoH,WESTMINSTEIIas. se I.
Mr. WOOD moved for a writ of Mentwow, to be
direeted to the guardians, under a private AR of
Parliament, pas6-c! in the year 1792, for estafilishing
a fund for the relief and support of the Widows
and Children of the Skippers and Keeknen, on the
River Ware, ordering them to assemble and execute
the powers of the said AR. Forty-one persons had
originally been appointed to carry the provisions of
this Aft into execution ; they had some meetings,
at which officers were appointed, and a sum of
5091. collet ed as a fund. Upwards of:twelve years
had now eLpsed ; and though sever :al appli:ations
lisd been made to procure a meeting of the guar-
dians, it could never be effected ; there was a Loge
sum of motley due to the Solicitor, who had pre-
pared the Ad, &c and by which Al it was pro-
vidzd, that he should be kid Lis costs out of the first
funds which should be raised. Mr. Wood observed
that part of his motion was to have the Solicitor
paid out of that fund which now remains. The
Court granted a Rule to shew cause; and in the
mean time, directed that a particular application
should be mask to the wrviving guardians, 11.9 in
number, requiting them to assemble Ind execute
the provisions of the a&
MILLS o. executoes or amts.
Mr. Eitsetat moved to set aside the nonsuit ob-
tained is this cadie. In the year free, the deceased
was indebted to his mother the Plaintiff in 7001
end wishing that the Plaintiff, who was an old
mariner, should live at home, he was desirous of
paying this sum by way of an annuity during life of
841. for IA hich purpose a deed was executed in the
above, and the annuity continued to be paid till
the year 1792. The deed not having been register-
ed in due time, according to the Aft of Parliament,
the deceased thought fit to take advantage of this
Ad, and refused nay farther payment. An affirm
WAS then brought by the present Piaintiff against
the deceased upon the annuity bond, to which he
pleaded the annuity ad, and the Plaintiff there-
upon could not proceed. The present action was
then brought as for money Lad and received to
the Defendant's use, to which be pleaded the
usual plea, and the statute of limitation. Issue was
then taken. He then pleaded a set-off, and the
Piaintiff, to prevent his setting off the sem% he had
paid, replied the statute of limitation to the plea of
setoff, and thereupon issue wits joined. On the last
trial, his Lordship (Lord F.t.oxsporiotroa) was of
opinion that the plea of set off was not a good plea ;
but the Learned Counsel trusted the Court would
do every thing in their power to carry this unfor-
tunate Plaintiff out of the Annuity Adt. If the
Defendant had made any declaration tantamount
to an acknowledgment of the debt within six years
of the time the anion was brought, it would take
it out of the statute of limitations, which, by his
plea of the Annuity AEI, the Defendant had done;
be contended that the Defendant's plea of the stawte
of limitations could not be sustained, but the Plain-
tiff's could.

The Court observed that the Plaintiff had re-
ceived more payisents from the Defendant than were
sufficient to extinjuish the whole of the coosi.leta-
tion money, and-the compound interest. There
was no ground for setting Aside the Don-suit :if there
was an acknowledgment of the debt, it had long
since been discharged.
Nicuocsott AND mtorore O. MXIILLAN

anorisc
Mr. Gaanow moved to set aside the verdiet ob-
tained for the Plaintiff. We reported this trial at
full length on Wednesday. The anion was brcught
to recover the sum of SBl. being the value of twenty
dozen of silk gloves, whkh were delivered to the
clerk of the Defendants at their Coach Office in
Nottingham, to be sent specially from thence by the
Leed's Mail Coach (of which the Defendants were
the proprietors ) to London. The parcel was nut
sent by the Mail Coach, as direfted, but by the Tripe
Briton, a long Coach, 'also belonging to the De-
fendanthand it was thereby lost.

The Jury found that the parcel was spec:ally de-
livered to go by the Mail Coach, and further found
a Verdi& of 3di. for the Plaintiff.
A notice had been posted up at the Coach Office,
whereby the Defendants had notified to the public,
that they would not be accountable to passengers for
any parcels, goods, money, &c. beyond the value
of 31. unless smeared, and demanded within one
month after such loss should take place.
Mr. Oa aow therefore contended, that by this
notice, the Defendants were not liable for more than
51. if they were even liable for that sum ; and as it
appeared, from the evidence of the Clerk, upon the
trial, who swore, that he was not authorised to
take in goods to be tarried in any particular Coach ;
he contended further that the Plaintiffs were not
entitled to recover any sum whatever against the
Defendants.

The Court ranted a Rule to thew cause, and
ordered that the original notice should be produced,
upon the hearing.

iTIOULt V. DYSON:.

This was an action on the warranty of a horse.
His Grace the Duke of Cumt taind on the part
of the Plaintiff', a Lieutenant the sth Dragoons,
had contracted with the Defendant for the pur-
chase of the horse in question, at a sum of 70
guineas. "the Defendant sent his servant far pay.
meat of the fr:rse, and in the receipt for the price, he
warranted him to be delivered sound at the stables
cf the Plaintiff. the Plaintiff refused to pay the
monc7, till he should insert the words "to the
regiment" in place cf " at the stables," which
the servant accordingly did. A fey, days after the
horse had arrived at the regiment he died, and
from the evidence of a veterinary surgeon it ap.
peued, that he had contracted a fever, of which he
died, and that he might have contraaed it a few
hours previous to his arrival at the bed-quarters.
It was also proved, that the horse was periedly
mound at the tune of delivering him at the Plain-
tiff's stahies in town.—A A'erdidt was found for the
Plaintiff.

A Rule to show cause against it was obta•ned ;
and Mr. Pot ttsa was this day heard in support
of the Verclia.
The questinn for the Court was, whether a ser-
vant had a ngtt co change the v.argatay of his
masurr!

. _
Mr. Janke LAWREXCZ observed, that
and ii
Verdia against evidence, and against law', offset
to be set aside.

Lord E L LEN noitouon said it had been laid down
that if a man is a general agent for an/e.te, tha
principal is bound ; but if he is only agent for a spa•
cial meter he shall go no further.
The ituie was made absolute.