The British Press; or, Morning Literary Advertiser.
London, England, 1824-07-07 00:00:00

COURT OE COMMON PLEAS, VrzsmixsTra,
TUTIIDAY, Juror

Sittings is Basco.

LADY PAI.TOUN V. HOUSTON (ESON.).
Mr. Sergeant TAIIny moved for a rule to stay the Prothonotary
from the taxation of costs in this cause. The defendant, it ap-
peared from the statement of the Learned Sergeant,- had defended
an action in his capacity as executor, in which pidgin:tit had been
obtained against him. The question of costs had gone to the Court
of Chancery, which had directed a short case to be drawn up for
the opinion of a Court of law. Mr. Sergeant Teddy contended
that an executor, unless delay or false pleading was imputable to
hio,, could only be sued for mote de boa's testator's.
The Cut: UT asked if judgment had been entered against Hous-
ton; and on being answered in the negative, they asked Mr. See-
geant fyier, who was on the other side, in what-way he meant
to enter his judgment?
The Learned Sergeant replied, that he meant to enter hie judg-
ment in the usual way, dr &wig tedatoris si 1.1111 de Wait propriis.
The Cot:av intimated to Mr. Sergeant Teddy, that although
his motion was somewhat preniature, its the judgment was not en-
tered. he might take a rule w slaw cause against judgment being
entered de bosis propeits.
Air. Sergeant fanny assented to the suggestion of the Court,
and the rule to that effect was granted.
CARLTON 1.. rONTLI. (IN at: iteiwaan AND GINN/1.)
Mr. Sergrlll4 VAUGHAN moved for a rule to show cause why
an annuity deed should not be set aside in this OM. The beamed
Sergeant founded his motion upon the 53i1 tiro. II I. cap. 111, sec. 6,
which enacted, that if any part of the consideration for the purchase
of anannuity be returned or retained twin tiny metenre whatso-
ever the died should he void. The question for the Court to con-
sider was, whether under all the circumstances disclosed in the
affidavit that he held in his hand this was a retention of the mind-
denuiun. The plaintiff stated that the annuity was settled at
Howard and Gibbs's office; and at the titne that the money was
to
be delivered to him, he was indebted to Howard and Gibbs in the
sum of 1101., which be had borrowed front them. That on the 12th
November, 1814, Gibbs demanded payment of the 1101. out of the
6:10f. that the plaintiff sax to receive (or the sale of the annuity of
Itgai. That the plaintiff at the time Whig greatly in want of money,
and fearing that if he did not comply with the demand the negocsa-
tion wuedd be broken off, cor.sented that the 916. should be retained
by Gibbs, together with MI. for procuration. the real expenses ot
being above iiUi. On these grounds be trusted the Court would
grant his motion.—Hule granted.
The Court ruse soon after 12 o'clock.
Mr. Justice lirelce this morning took his seat on the Bench fur
the first time since his appointment.

SECONDARIES• OFFICE, Cot EMAN-STIIZZT,
TVENDAY, JVI.T 6.

MOLLANO (AIIITINISTAATIIIK or DIODOVOALL) V. COLONEL

This was an action brought to recover the sum of 4001. and inte-
rest, due from the defendant on a piontissory note, and also 143/. j
lb. 3d. on en I. 0. U. given by him.
Mr. PoLi.oc 'tiled that he was Counsel foe ASlll.Mollawl. the
administratrix of the late SI r. who was formerly stew-
ard to Color.el Ogle, the defendant. 111 r. diet: in 1819, ,
and amongst his papers were rimed the two instruments on which I
this present action was to be sustained. During the stewardship of
M•Dortgall there were constantly money transactions between the'
partit s, and the Colonel being indebted to the intestate, in the year
1:32, in the sum of 1.4101, 'rye hint a promisor*. note for that
amount, payable on demant . Two years after tfils the l'olonel
gave him an 1.. O. U. for lid/. Ila. 3d. This aetion was brought to
recover the amount of the promissory note and interest front the
date, and also the amount of the I. O. V., on which he can not
entitled to claim interest. Ile 'timid call a witness, who would
prove the signature to both documents to be in the handwriting of
the defendant. With this evidence he felt that he should be en.
titled td a verdict foe the full amount he sought to recover. Ile then
railed
John Molland, the son of the plaintiff', who swore that the signa-
ture to the promissory 'totems,' the defendant's.
The note was then handed in, when
hlt. A hot. raus.who was Counsel for the de.eadant, objected to
it, as not being evidence. It was payable to I). Richard 31'lltou-
gall, while the pleadings in the cause stated it to be payable to
' lit-hard M'llotipall. Ile appreliendird that was a fatal objection,
as there iess.mu proof that the tote produced wee the one on which
the action was brought.
3lr. Pot-Lot:a, in reply to this, contended, that the defendant
having sulfered jutihnuent by tiefault, could not then dispute the
validity of the. instrument. At all events, it could be recovered on
the money counts of the declaration.
The SECO X !MK Y said, lie woul.l reserve the rant.
The examination then continued, and the winless proved the
signature to tee I. O. U. to be the defendant's hand-writing, and
which was after wards handed in and read. The witness then stated,
that Mr. 111.1rougall rometintes went by the name of D. Richard
31•Ifeugall.
Cromexamitted by Mr. Annie!' os.—Mr. Bl'Dougall cas
agent to an estate of Mrs. Ogle's ; was dismissed front the situ-
ation two years before his death. Ile condoner! to reside in the
neighbourhood ; It:betted he maintained himself; he had an al-
lowance front the dtlentlant (in consideration of his being in want
of the money) of 201. a year, and which was afterwards incrusted to
324. Witness had the note in his pcssasion twelve months before
the death of die intestate.
Re.erunined—Saw the defendant before the action was brought;
he admitted owing a balance of 3001.. aced said he would pay it if
he wets allowed time. Ilad sent Wm an account of what he
thought clue from hint before the action was commenced.
Mr. Pool. oe then handed in a letter written by the defendant
to the witness• requesting a copy
.of the securities held by toe
phintiff. in utder that the matter might be arranged.
M.. .I.aot.ru t. s then addressed the Jury foe the defendant, and
contended that all the plaintiff could possiWy recover was the
amount for which the 1.1). U. Was given; that was dated two
rears after the piontisaory nom anti was given for the amount of
the balance due to Mr. 31•Wugttil, after a settlement of the ac-
count between th:m.
Mr. Pon roe ti hest interrupted the Learned Gentlenum, and
prodttesil a letter of the defen.n.unt, written ater the date of the
1.11. I ~ v.; crcin lie acknowlegtled the balance due to the intestate
to he 3;44
Mr. Aitox pa us then asked Mr. I'olluck if be would cement w
take u vet diet Get that sum?
Mr. l'ou.noi t. then consulted with his client, and after • long
consult:Mon bet matt the pieties, it was ultimately agreed that the
aliould recover 1;01., but without interest.

111011 COURT OF ADMIRALTY, TUESDAY, JULY 6.

THE TIGERENE

Sir C. Rolm:sow. the King's Advocate, prayed that head
money 'night be idlowed to the crew of bin Majesty's ship %Canine,
for the capture of a Benin!' #,-ttu..hoitt in 1813. The Learned Ad-
voe di.. said, it appeared from the alinlavit of Lord Torrington, who
coninuttulei, the Warrior in the Balt ie. that in July, 11113, an enemy's
gun easel bore In sight, and toe being chased, she was ran exhort
1.. y the slew. The boats of the 11'artior were thin manned and
;:r:ie, it ;it take posnession of her, but three other gun vessels
cattle to bee toest,iitt,e,.., and a niunt dentrictire fire opposed the
exertions of the tt'airior's crew, together with a heavy tire 'Torn the
'room oil shore, lan the determined intrepidity of the British sea.
men ',impelled the er..ntly's vessels to sheer ell The crew of the
ties* gun Teasel set her on lire, and then jumped overt mull and
enrniall on ohm, ; she was gut off. aril in a blatitc, state towed
&kunst'''. ii,e Itrarrior ; she was however so much burnt as to cont.
pet the I 'arms to abandon her; she menntod three lI,X roundel..
carried 3lioare, and wail e Jetted by It) Olen. Sir C o/Inhet/tm htreed
that the maamkable eisdruss and intrepidity displayer, by the
British seamen in this hcaanicits and gallant enterprize fully en.
titled them to In•ail money tor the number of men who escaped
from the yes." I they captured.
Lord STotvi:o. 1. decreed bead money for the 40 men.
S.IN JUAN NEPIiSIUCANI.
This was an appeal from the Vice-Admiralty l'ourt of Sierra
I,rime, chairing the restitution of the above named ship. together
with 2h:) staves. 'rite San Jnan Nettomuceno sailed on the 20th
July, 1817, under Swish colour*, with ,cargo of dry goods, rum,
he., bound foe the coast of Africa, where she arrived in the latter
end of August. The Master then commenced trading for slaves,
and finally ishippAl on board of his vessel. only of 144 tons burthen,
DO lens than :!.'al human beings from the ports of Little Biwa.).
Grand Rieman, (:rand (lola, dec. With this cargo of slaves the
vessel saileel on her return to Porto Rico or Iluadaloupe, but had
only got about 30 miles to windward of Capr Alrenrado, on the 7th
1/member, when she was captured by the colonial vessel of war;
Prince Regent, Ilidiert llagan, Esq., comittantkr, and carried to .
Smara Leone, when the usual proceeding were instituted in time
Vire..telititralty (*.hart. The vessel laid 1144 T l urge, then consist-'
• ing only of 2(.9 human beings, 135 men, 53 women, and 81
eltilduti were contietyned, areinst which condemnation., 110,11
liettp.head, E.q. tvervh:on, of London, on behalf a the owner.
l'traindo Prittainlez, merchant of 'Nieto Rico, and subject of the
Ki•.g of Spain. has contint:nced this appeal.
lir. Ann it, re' initted that this e.t.a a can entirely for costs and
thiniapeit ; here wits it vessel seized in a time of profound peace, I
I and 'whinging to un ally of his Britanrie !Banality, and quite di&
fel:, nt from a capture at a time when there wan a right foe carrying '
on 3 warfare ; the !warned Counsel contended that Lieutenant I
113;nut had no right whatever to touch this vemel ; it was said that
thin rate resembl, .1 that ~f the Louis, but he contended three was
a eonsidemlile distinction, because the Louis was a French ream!,
snit the Sun Juan Neranuesno n Spanish one. It was true that
Bonipurte, on his return front 1:10s, bad honed an edict mica! '
forbisnling the tram,. in sl.,yes. with on the restoration rd the king
, of France. Talk> rain' bad published a ahnilar injunetiim ; but in
' this CA,, th, King of Spain had not taken any steps towards the
abolition of the tratlie in 'dor:. • at this period of tint.', therehire,
tlic.ipteation tindoiahteeiv! turned upon what was the Its of the flu:
a-eminent of tit.. party 0111 Os mai the vessel : this v...el belonged
10 A 4•4llh•t't t 111. the King of Spain, and thrre wee then no law
against inilding in ,!arcs, eimseqaently Lieutenant Hagan had ho
authority whatever to minute laser. 'rite slave* which were on
bard were landed at Sierra Leone. and were still in the service of
Ithe flovernitent, ishiling the derision of this rinse.
Mt. 1.1• SIT I ).', 0 anis 'allowed nn the NUM. side, Red observed
that the I ioyernnieut at stem Leone had acted on the :.:u of the
4 late King ; an Act of which they had mode an erroneous applica-
ttion from the COMlllealeentrlli ; by this set also they had taken puts.
session of the slave*. and were now using thigh as Movernment
property ; all this he romendeol was illegal and unauthorized. It
became ti, •tasary to sec in what cireunnuances this country stood
• in regard to Spain at the time : the capture was made MlBl7, and
the only treaty in existence then was the one of the eth July, 11114,
by which the hang of Spain agrestl in the injustice and MI Rimy
of the slave teethe, and rumbled to abo/hdt it, but this was not a
definitive act ; there was no emmention giving a right of si:arch to