The British Press; or, Morning Literary Advertiser.
London, England, 1809-07-08 00:00:00

LAW INTELLIGENCE.
COURT OF CHANCERY-JOLT 7.

FOWLER O. WUJIZOOD.
, .
This was an application to r ,the decree made
in thee crass by the Master of, gap Ron.,
Sir SAMUEL HOWILLt stated,; that in the year
1791 the Plaintiff had taut the sum of 9,0A1. to
Sir John Pechell, who, Lesides a, howl aril toort-
gage, hal executed' a eutiveyaoce of bus estates to
the Defeudantli 'al truster, in order, by sale or
otherwise, to pay off -the debt, . lu -9f. the
Plaintiff arrested Sir John Peeling en ,r • mod fur
00 18,., and threw hint into gook,
,w he has
he
lain ever since. lie likewise took pother/non of his
&Aker. and filed his bill of foreclosure. lit 1798
there was a decree at the (tone to an account, by
which the Master was directed to take an account
of what warder to the Plaintiff for principal and
interest, on the foot ofthe mortgage, and of alma
lied beets received by hien hut of the est /tea of Sir
John, up to the time of taking the account, and to
strike the balancs• between the two rums. The re-
count will accordingly taken, and the Maker's re-
port confirmed its 1800. 'rite petition now pre-
sented by Sir John Pechell prayed, that the decree
ani;;lst he varied, by directing the Master, in taint%
the account, to make rests, from year to year, ap-
plying the rentel-ecesivoil between each period, by '
the Plaintiff, to slikhargitig the interest, in the first
place, and tit uin reduction of the principal; by
which, it wilt contended, it would he found, that
not only nothing area due to the Plaintiff, hut that.
on the contrary, both the person and estate of Sir
John Pechell were in the custody of his debtor in-
stead of creditor.
Mr. liActa for the Plaintiff, contended, that the
Cbancettor could pot now interfere with the &vete,
both from the length of liMe elapaed since making
it, and from the aerpt;escedce of Sir John Pechell
in the report, to Which no excepttorti had -been
taken ; and for this purpose be cited a decision of
Lord Hardwieke, under similar circtunatances. '

The LORD CHANCELLOR would tel.*
till to-morrow to 104 into fbat before he de-
cided on the present application; us he felt ex-
tremely incline'''. if lie could, to comply with the
application. L O'er the terms of the decree, the
Laster could snit take the account other than lie
did; but there could be no doubt bet that; in that '
way, Justice could not be done between the parties.
However, whatever might be his feeling ci an indi-
victual, he must decide iii ths,iiiaracter in which
he eat there.
COURT OF BANG'S BENCif, Gotzlltzt.zo—JszY
Sitrivs et Aivi Prins befvre Lo;rd
MARTIN' ARO OARDICIR, O. FOSTER.
This was an artmo to recover till. for good:: Vold
end delivered. It appeared that the P!aintiff was
a wholesale ironmonger, rr.iding in St. John's-
street. NVesttabibtet t and the Defendant, a retail
ironmoie•er, at Plyseontli. The Defendant gave
au order for articles to the traveller of the Plaintiff:
the Plaintiff exceeded the order. by sending 11
dozen nverVes iii‘tract of 0 dozen. and ti (toren
alley,. instead of $ dozen. The whole of the
articles .eat did not exceed the order, iu amount,
mere than lye. The Defendant refused rec.iving
any part, na the order Was not strictly attended to:
Lord ELLENB,INOLCH was of opinion, that the
1/XCel'S vi.oi so smell, the D4endsiut should oat
have objected to it. pirticulaily as they were articles
out of the inn: of bosinese, mid which he
purchased only to the Defendant.
The Jury gave a verdict for the Defendant, 101.
TAYLOR R. IRSTON..
Thia *no 3s action to re truer i!77?. 10s which
IA been oktuiued by the Defendant from the
Plaintiff. The circumstance:h. 0. the case were,
that the Plaintiff. a inerelictut,of Liverpool, much
engaLled in the African trade, %scouted to purchase
a quantity of muskets. 3111...V0xam, a manufac-
turer of muskets, had anagent:ps Liverpool, of the
name of Silaniuso, who engaged, and did furnish
the muskets ter the Piriutiff, from the taisoufactory
of Alnxion ;. who wrote. itf O'cember last, to Shau-
nou, to obtaies•the snooty for diem from the Plain-.
tiff. Shur-nom/hest left Liverpool, and had, gime to
the Island of St. Nlichaers, one of the Western
Islands. The Defendant, who bad been Shannon's
clerk, drew on the Plaintiff for.the amount, which
was accepted and 'mid. In a abort time afterwards
filoxam west to Liverpool ; and the Plaintiff was
°Mien!, a second time, to pay for the ket*--
the Defendant not being authorised by Moxam to
act for Ginn. lu defence, it was set up that the
Defendant had a general power of attorney to act
for Shannon in his absence. This defence was bet
aside by Lord ELLEMBOROTON, who stated, that
au agcnt could not make over his agency to another
person. The Jury gave a verdict for the Plaintiff,
10a.

!CARSON 111.
Mr. AtroantY-GLIMEIIAL stAted, this was en
action to recover lGul. against the Defendant, the
acceptor of a hid. lie said he could prove the
drawing., acceptance, and the regular indorsement
of the bid, until it became the property of the
Plaintiff—but, unfortunately, site bill itself was
lost.
Lord Ett.ensonousin--.. If the bill had bean
destroyed, I should have no objection to Rioting
this kind of covalence; but where it is only loots or
mislaid, it might some day make its appeuranco,
and the Ihreiniant he obliged to flay it a sweend
time. lam of opinion, the Plaintiff cannot bate
any redraw in a Court of Lie—a Court of Equ4
MU)• relieve him. 1 remember an instance, at the
ohl-Dsilev, where a man, of the carne of Skdrpf,
en. tried no on indictmept fee forgery, whete the
hilt was destroyed. The Prosecutor had the iota-.
iri whew the bill ;o the :)rivoiler, and be.
swallowed it. He was acquitted on the merits of.
the crew,
cyla flil licefittlit of the alaience of the
bill. Cu er circumstances the Plaintiff inept
be called."-11e accohliaitly aou.saitcd„
DVS-Ay'

LIMY V. WADE.
Ti,. Plainiir aO4l Or Gaston% in this eau*, are
coachmen of Greenwiefe itvo.vecoehes. Some
time 411 lite 14100th of A ogit4 law. dirt' 91"1"06
ling rirnt:! pwrenrert. 'eltet 'ilio Defendant said to
the Pistolld: that he wr a kiwi', ostb-

~~'

-.P.'

f

bed bim and his mistress. The action west
to recover damages for this alailler.
Lord ELLuNDOROUGH—" These words
aetionable ; they were not made bebe of le.
the Plaintiff with a felnoy ; it was only
j 'wiriness that. out pal 0 itwittel aoe u
gettitsili 'eseoeiger .more ; it it whamile .'
etch p-rsotiai should he brought into Conk i ~...
Plpintiff must ask skiled.",fle ray accordin4l7 ereita
gutted._
__
__ • • .. .
rt
1 C4V2T Or COOV MON Vtglii. GLlMailioichrai '
i t,,, • ) 4•••••• . . .
Sinlag a alierri f( &Are Laski C/49,
' -.fr. i ~ - 1114e•vsti.e.
•At•• 1 • • A
8101riRTT u. D. .*.HFSTIONT.
This ewe an action tre,night t) the ralisti,
against the Defendant. Colonel Creinivrtiy, fu tie
amount isf certain groceries. it was (VW ,Ilditlii 1,
behalf of the Defendant, that ;e.rt of the repulse/0
in eluded id the charge, were inciarred by a hv'
whom he had remain:ended to the shop, aesi
hr hail mode a tenali• of In.. own part us the a
the Plaiutiff. The sou pror,:il Ono eft or:ow)
drift WI,. offered him, hetrt:...t the lliefetazaut ih
said he would piy his own shsre. Takeo' belit.,,
legal tender, a verdict ear fol:ed for titer:Mute.
txeratite.t. IL OVDD.
This iv:" all Fiction Ibronitht by .hr 41,1ssigottea t
Underhill, a bunLrblin , egai list the Deftudaiek. a pub,
haw), at Cliatlism„ to recover the alnutpilL of efiulhi
of sbigar-cat.bly, a pair of hoots, ins umbrella,
trunk, bind two shirts, detained no the lirrte—
money due by hini. It Iva; attempted to be
that those. articles were given by the 4/14e.itiff re. t
Defendant to be disposed of, fur tint I.Uribibbbe •-
payl•n; himinelf ; but it being provod, on the test
mony Of Underhill, that he was arrested h
Plitintiff for the seine debt, in tea, yeues aftet
goods were put hit° hie posvasioni, the Jury
a verdict for the Plaintiff-s•Datuages..llBl. a
The Duke of Ll:teal-tan was considered
yesterday. 1-1% Grace called a tnewhax•of the
hinet Miristerr. at Burlington-House, et
o'clock...steels was intended by the EavhiCAHOEN.
IVESTIONILLAAID. BATHURST. and .HARROWNT '
Lord MULONA YE ; au.l Messrs. Carets(
eARESVAL : IkeF coptieued their deliberations
shout half past five.
ral. 'he Bishop of LITCHFIELD and COVZIITRY left
j,"fdain Yesterday rov Staffordshire.
r"TiAs the ladies are lessening their teeisfils it is
Aat they are improving , hew iicrmine.
The amount of the Leslie, Dalai:ll6d on
day, upon the will of the late Dueness of ._
TON; war 14001. which skews that the tren,.
amounted, to 120,0001.—That on S!r Gtoltalt r
egg's *HT, paid skims day, was like:. being .
to 100.0001. legacies.
3latlaineCaTALAllll was received at the Cenr•eil
which she gave at the Pantheon, on Thursday
evening, with reiterated plaudits, by as English
audienve, who, on this °tension, proved 'twat'
knew how to:limn:Am, a gent rous artibn. Al,
Boxes were tilled befire the Concert began,
many peronts, finding no room in the Bix s, s
into the Pit. Though 'Madame CAT I LANs
announced her interstate of sin gibe five *Ds.
two of these were enthusiastically oneore4.
Ilaliss SMITH merle her ia:it illorit:til_!e at flow_
terford Theatre, on Tuesday, in tbe cher
the ;Fame Cheer/u. . .s , .
3lr. Cotr A tes Comedy, Who tr*sls a Gaines
was performed, ou thur..lly, at the Cheltralsa
Theatre, for the benefit of Mr. and Mrs. J. Wr,s4
40x, under the patronage of Lady .CoLuti.or
GOULD.

. Mr. Cootie's benefit, at the I.ivernol Thentw
amounted to 3101.--Please.. Lewis and Kt
remitted to him the expense of the howie on
evening of his lietiofit, and also presented hues •
ar i•legant peir of silver gilt Curs.
Mr. Conte was to perform the part of Richert
at the Fahinburgh Theatre,
fort() is also engaged, and was to perform
night.
Lady L. 3IT 1.0,10 gate a grand bell and s.,
per lest night, Si her house to Grosvenor...gnaw, ,
The arrangements displayed the gre4teist eleaaricc.
The hall and staircase simanded with a collection of
the raireld,exotica. The tables were laid out
one hundred sod sitty; and displayed a isnot
perb and elegant togper, which was attended
the princpal Faibionables town.
HAIIIMEIrrOII is the tregie heroine
Biriniagbam Thastre.---The M I Mel ADAMS.
Cotai's. Pupils, have greatly contrtliuted to
annwitatetit of the inhabitants of that t:iwn.

Mr. DIMOND'. new Play, to be psoforimod
Haymarket Theatre, on Monday neat, is __ _
The Fostadling of the Forest. and is said to possum
more interest, variety of situation Anti isivident,
then any pleas that has been producei fur a knit►
of time.
Aladame CATALANI'S Concert at the Pantheon,
for the benefit of two charitable institittiosio, was
numerously and fashionably attended. Madame
CAT• 1.4.111 was inost handsomely reamed. "
gave first her favourite soil, Son Regina, and
oreured in • Cavelike of MOZART. U. riecitativei
Aria, by Puctrta, was a high raiwin.l treat,
well as the last piece of the Concert. Gv4l save I,
Hitsg.—We never recollect hearing this.delizt.thil
singer in finer voice, and her exertions drew -
the audience repeated bursts of applause.
Levi Monday were given, et St. Nicholas
Island, near Plymouth, (where part of the Dorset
regiment of Militia. Colonel BP4UHAM, are at p'-
sent quartered), a grand ball and sapper to a err.t
nuiulwr of the ludits and 1-Nwitletniau of Plymouth
And the neighbourhood. • It is needless to soy, that
the *hole business of this evetiiii4 was condncted in
the most appropriate style of elegance, by the Offi-
cers of this excellent and well-conducted reams' nt.
The sapper, on the Rneient island of St. Nic ~,, las,
the huiractas of PToczny, was had nut in alarar
.telvet tents, erected for the purpose. in a mo..t c! •
.bghtful trosiiner. Mirth and 11:1,1ritv reigned till
se, powerful beams admonished tile rompaby tv
depart. IVe are happy to say, that thewortry :ad
veneraldr Colonel DINITIRAII tleflecri, with great
si-
►:Mity, tative &um-K.1%0h his fair portger, no the
verdant turd, 1u short, St. Nicholas's Maud never
- witnessed • mote ioyons evening. The Dorset
head attended, and phiyed severer opprnpriat•
pique* of tritlVl' on the natation, and extelteli par.
'tieu4rly I. their style of playing tha diff.isos
cowgirl dracco ordered b 7 the company.

'brought*
• ere.mat
•
to their
b•r,
el.
Via
art the
;kr son.
ifT.V T.
Jaw*
I
, ft,' the •
on
•itia•4l•es
1.1 hut/
owl that
: mitt of
;Lynn
.444 e
11141 Jl4ll
120.1440
tisittf.
rotots of
La vut.)-
r Yfiolh.
'tells,
:east of •
toasted,
if to The
V 1.... of .• •
he ti•sti-
I be the
4
er those
y (naiad
I Itetter
r•
the Ca.
A whit,.
*MOEN,
DVIIT
KO and .
ions tlll
,
ritY left
is plai • 'I
Thor,.
f But.-
terti 4.4 • i
,CE BA.
; equal
7.ence-t I
humid,
Engli•ht
wit they
At the •
an, and
s, ste-.t
NI h 41
its, yet
he SVa-
..n.ster of
4tirtee •
traitor's
:LO fr. •
.heAtr,
•
011 Will' •
on the
on with
tichttel.
.
Mr
id stip-
-9(111111,
cites of
out for
nmt -
tied by
st the
t, and
to the
•
•
at the
eabesl
possess
idettte
Aeon.
a Wal
11111/Sle
. She
nd wi.a
ire sad
ear. es
wee
front
I.)ur.rt
at p
• urr4t.

f"'"

•

I

• `T

lIIGALIND SOCIETV OP stoTLA:Vb. i
I
A General Meeting of this Socity, agreettlee to
the charter, was held iu their Galt, atigclauburgh. eti
L. Monday se'nmght, at which there peree.pmeent,•
S iecount Cathcart ; Lord ilyromatal.; Hum. ilitior
Cathcart; Hon. Arad. ?alacoloaidd e :lee /%1 it-
Lein Bruce; Sir Patrick Miir44 iiii:l,Air rioter
1 Mac Gregor Murray, Baroneix ; Adiateol Sir k.:l/.4
round Nagle ; Colonel eittiot Locklent, M. P. atilt'
other respectable gentlemen of landed propertf:
rank in the army, stud of Ole law mid eutiptatire4a4
Interests, to the number ofirogitty Alleurbene•
viscoum Ca IC/WART, Vire Peentratitois the ettsitt
Previous to proceeding to ballot for imer"Mees-
Ler. Mr nitedortuld, the Treasurer, Awed, that
lie hail been euthorised to propouw filiesAini Pres-
,
!an Campbell, of Fairetoo, in the county of Perth,
it . a Meuilier of the Society, and that it had been
1 ..ti .1 .fiir the Society, when ladies of fortuue and
..i eier tability carne forward in rapport of the insti-
. ~,. ~•ei dispeuse with the ordinary forts of ballot ;
I! , ,
.rr-fore moved, "That Miss Preston Campbell
..!.: be admitted a Member," which was nautil-
i.. e.e7% approved of by the meeting, mad she was
LICCiQ 4 Member of the Society accordingly.
Tie Society then proceeded to ballot for IlltW
Meathee-, when 37 were admitted.
The
,Mretingaitterwards took under considers.
tiou the proceedings of the Directors since the Ge-
neral Meeting in January last, and the premiums
offered by them, this year, for Essays ou different
sebfriete, pruetical improvements in agriculture,
end meliorating the breed of black cattle, with sa-
unas other inatters; • when the Society approved of
the ruistanted exertions of the Directurss in pro-
moting the ohjecta of the iiietittition.
The Meetwes upon a Report from the Directors,
lir regard to Emmy. and Communicatmiiii which
bed not beau received in tune, so as to lie decided
Upon along with the other premiums of I .st year,
voted a piece of plate, of tut, guineas value, to Mr.
John Idendersoie at Breettiu Castle Gardeu, .for
his cominorlical l on " The Smut iii %%limit," and
recommended that it *tomtit be publiShei), las an
ess ie of merit. A piece of plate, of fiftecu gin-
nee:. value, to Mr. James ieglis, at Parkhobni
near C:4%omm, for an EssarOreie 'in by liim,.iii
erenpetition for a premiuni'mfervel by the Socisey,:
for an amount of the present:elate of at,eertaiii dri.
tart of I,....rk,hire, we eituprovetueota of. wlO
' it is susceptible, the local edventageadenvilitia.lo
that districr, and the touutriesarhaeent, from coil
mutes, end 10411• U l'aet mot.. rat Nleming also
voted the Society's silver medal to Mr. Walter Laid-
lee, at Minion, Perblee-shire, for the improve-
ments made by him, by an advianiaaemiePtange in
the breed of 'Weep, on an extensive scale, and in
the 'node Of itiana,„;eintait ; and a similar medal to
the Rt.i. Mr. Gardener, Nimister of Twetdsmuir,
Lie drawilig up an account of these improvements,
laid before the Society.
It appeared from a Report of the Committee of
the Society on numulacturts. ;hat machierry for
teasing, carding and spinning of won , had been in-
trode evil in different places in the Righlands, which
had bean extendod, in several inetauces, to the
niakin4 different kinds of cloth. The meeting, in
addition to tise eiteounagement formerly aiveu by
the Society, fur the ititrodiectiou of these useful
branches of mauufaetures, particularly in the High-
lands, authorised the Directors to afford pecuniary.
aids to Mr. William Ferguson, at Ferkisi, At-
rothar, Dumbartonshire, and Mr. John Beith, at.
Lischgilphead, Argylls4ire, for enabling them to
erect additional ruechinery for darryieg an their
%%mitten nuirtufurstories, in which tlity appear to
have already made Successful proems
The ineetteg touk under consideration a commit-
eicatien from the Committee appointed by. the gen-
t!emen interested is the proposed ruil-renol front
Cameron in R, e ink-upon-Tweed, thiceigh Lu-
te Ai. reelek , *.'-xirk, and Roxburgh sliiie-i, e ith
tan piiated .-ore„ from Marion Delrymple, h.sq.
of k °Mt', pointing out the great advantages...hid'
would result to these arid the adjacent counties
from the receurion of such railway, by 'facilitatimg
tee CUMM,IIII#IIIIOII, and greatly .reducing the. ea.
pease of the eunvevance tar coal, lime, grain, !nee,
onfactures. &c. The Society, after hearing Lorre ,
Herniand, Mr. 11. Mackenzie, the Treasurer, ant}
oth. r Members, upon this subject, and a previous,
report from a Committee of the ,Directori., recoils..
meieliug this abject to attention, resolved, " Thte
the ne.eitig of sat li railway was a measeire whit*
rotnired to be of great wive wage to the country at
large, by promoting agriculture, commerce, and
manufactures, of which the eructs are obviously
beneficial to the whole country, Mid, as such, dr-
seremg of couidenance civil support." And the
Meeting /emitted to, and antlimesed their Commit-
tee of Directors to take such treasures, and af!brd
much aid towards having a plan tool survey, atilt es-
, tionate of the expense oldie proposed railway matte,
as should appear to them proper imil expedient.
The Society, at the same time, expressed their
entire approbation of the very laudable exertions of
Mr. Marton Dalrymple, in sad of this public mew-
s ire.
The Society resolved, upon Report of the Direc-
tors, to subscribe fur ten copiee or" A Treatise ant
Peat Moss," liv the Rev. Dr. Rennie, of Kilsyth,
weo has bestowed much consideration on that Im-
portant subject, a part of this extensive work her-
o ie /wen some time men laid before the Soetety, by
tie author, and approved.
_.... _ _

The Alerting instructed. the Secretary to trans-
inn to the Bath and West of England Agricultural
Societe, a statement of the mimes, plaeri. of meet-
ing, ice. of the tliffennit Agrieulturol Societies in
Scotland, agreeable to the request of that respect-
able institution, occompanied with a set of the
printed Transactions of this Society.
A variety of other matters having been referred
to the Directors, the Meeting, with much appro-
tuition. viand the thanks of the Society to Lord
Viscount Cathcart, the Vice-President, in the chair,
for his polite attention to the bulatiesa of the flay.
mush {no Ot1111:001 support to the interests of the
• .•

irasllllllllsllllM
ll tiring the violent tininat.petortn on Tuesday.
ti... :MUM' of (*.toxin Slain', of East-hill,lcrts,
vett; tire, in consequence of the lightning comints-
invoking to the ksll-wires of the first floor. The
room oasin a blaze before the accident ass disco-
.
• vaned. mod the bowie was Luria to the grnund ;
tense d the 'garniture being waved, escept that on