The British Press; or, Morning Literary Advertiser.
London, England, 1809-11-09 00:00:00

LdW INTELLICENCE.

OBVRT OF KING', BENCH, Westmixstst, No'

lir. Id

CIIMILOTTE CUZWEI.I. b. VROMAS %mom

Mr. ths I. A D moved that ii Hel f LIS Corpus Phould
he issued, directed to John Wright, the brother of
the Defendant, directing hina to produce the De-
fendant. The Learned Counsel stated, he made
this motion behalf of, and on the affidavit of, Mr.
Glover, the nephew, andvittAr-at-law, of the De..d
fendant. It was set loran that the Defendant was,,
not of sound mind; (bat is; Mw mouth of April last,
Jolla Wright conveyed Ina, trots his residence. in
Leeds, to London, or its vicinity, and pers.uarled
him to give the Plaintiff. in this cause, a hood and
judgment for 4001. on which au execution had been
issued, acid a part of the Defendant's property, in
Leeds, sold by the Sherif to satisfy it. That the
Deponent had made every due inquiry to ascertain
where the Defendant resides, but John Wright
and the Plaintiff refu4erl to 11116Wrr, and kept him
secreted. He also stated an affidavit. made by Doc-
tor Heard. setting forth, that he had attended the
Defendant, for several years prior to last April, as
his physician, and that he was of opinion, the De-
fendant laboured under insanity, and was not in a
fit state to transact business.

The Court granted the motion.
MATTHEWS v. WILSON.

Mr. Serjeant MANLY moved for a ride to shew
cause why the verdict in this ease should not be set
aside. and a aew trial granted. It gas tried at the
last maize* in Hereford. before Mr. Baron 'Thomp-
son. The circumstances of the, ca.t were, that the
Defendant purchased a horse from the Plaintiff, fur
N4l. The lior.e proved unsound, and the Plaintiff
agreed, at er souse time. to take the here back
but stated he had not pasture conveniently for lima.
us his grazing land was occupied by fat sheep, and
the horse might do them an injury ; he therefore
agreed to pay the Defendant u certain sum per
week for the horse's pasturage. This took place
its 1807, apd the Plaintiff sever made his demand
until the preload time, when he brought an action for
the recovery of 141. The proof in support of the
action was, the Defendant's writing, in • book of
the Plaintiff's, that he owed him the 64111 for the
horse. In delettee, it was offered to be proved,
that there was a subsequent agreement, which can-
celled the debt. But the Learned Jade refused
to listen to it, saying it was irrelevant to the case.
Lord ELLitimottotmit---s, Brother Manly, have
you stated this ease correctly ? for, from nor know-
ledge of the correctives, of the Learned Judge, wt
are Inelined to doubt that he could have so de-
cided."
Mr. Smiting MANLY—" I wail(' he sorry, my
, Lord, to pervert or keep anyAbing buck—l have
stated it correctly, as much so as my memory bears
we gut.'
Lord ELLUISORoUGII...." Take the rule."

Mr. GUMMY mowed fora Habeas L'orprss, to he
directed to the Sheriff of the County of Eras, to
brio; into Court a person of the name 61 COleiscoek.
who was committed to his custody ou the. 14th of
March last, on the charge of ►tooling a sow pig.
The Learued Counsel touted, that he grounded his
'notion on the iolfidisvits of the Prisoner, and seve-
ral other persons ; that of the Pwsoner set forth, he
had purchased the pig in open market ; this We%
supported by the alldoorit of the person who sold it
to bun ; the others traced the pig up to the time
of its being littered.—.!sletion granted.
PRIVILEGE.

Mr. MAMITATT Towed. that as order should be
issued to discharge His Majesty's coachman oat of
confinement, he being arrested fur debt, although
the parties knew he was privileged by royal pros
section.
__ ,•

Lord Et.tWeacianuets--" Have you an affidavit
that he is Attu*Hy a pnvdeged persod?"
Mr. Masuyarr—A4 Yes, my Lord; he has 'the
honour of driving His Maje►ty'.. conch daily."
Lure ELLENSUROVSIII—" Take the order."

COURT OF COMMOY PLEAS.

PARSONS v. SCOTT.

Mr. Serjeant Best. moved for • Rule to shew
Cause why the verdict, in this case, should Hot be
set aside, and a non-suit entered. Ile stated, that
this was an action on a plea of insurunce on a trad-
ing ship from Portsmouth to London. The vessel
had beeu in the port of Oporto at the time that
that city had been taken by Marshal Soult ; she
had been seized, together,with • number of other
ships belonging to this country. !toms French
soldier, were sent on board, to keep the vessel in se-
curity. An agreement then took place between
General Soult and the Captain, that the ship
should be delivered at • fair valuation, which being
left to the arbitration of two French officers, about
six thousand pounds were, in consequence, the
estimate. This sum wits immediately paid to the
General, who, upon receiving it, gave up the ship.
Upon the 19th April, she arrived at Portsmouth ;
and, on the Ist of May, the Plaintiff gave notice of
abandonment; at the same time, he was ignorant
that the ship hail been ransotnecl from the enemy.
The verdict for the Plaintiff was taken us for a to-
tal loss. Mr. Serjeant BRIT rosbasitted to the con-
sideration of the Court, that, under the circum-
stances of the case, the Plaintiff was by no means
entitled to recover. It had been decided in the
Court of King's Beach, in the case of Bain-
bridge agaiust Neilson. 10th East's Reports, 339,
that, so long as a ship remained under the cont-
mend of her. own Caption), at the time of abandon-
ment, whether the owners were or were not ac-
quainted with the fact of her being in his posses-
sion, • Plaintiff could ant recover. Should, how.
ever, this point be indecisive in the case, he strongly
objected to the v►ndict which had been obtained'
by the Plaintiff, upon the ground of the illegal re-
covery of the ship from the enemy. lie submitted
that it was directly in violation of the Statute est
Geo. 111. chap. 25. which expressly declares, that
it is an act contrary to law for any ship belonging
to any of Lisa Majesty's subjects, to lie ransained
from the enemy. the Captain had rejected this
extravagant scheme, the French General would not
have marciied into Francs' with so much booty,
which he was compelled to du by theatrical of Lord
Wellington at Oporto, by whom he WAS driven out.
In consequence of this, the British ships a hid' had
been captutvd by the enemy, and which lay in
Oporto, were all liberated. He depended upon
the decision of the Court in granting the object of
his motion.—Rule granted.

t-1:•••

s,,:R U't

_ •

Y—Nov. S.
rj
Yesterday the Court w4s dosed. and
Gehl vece was passed. by the Itatuaut.s,
to•,mtc—Tweptv-six to lir trauoportell
Newry Sensed, dourly, Walker,
Clarke' £1111,7 Simpson Samuel Datle, Mei)
King, Ebailieth Hooch:Centre Meerytuan, Slll.llel
W111440E1 Brown, E. Gobi*, Themes Hum;.'
Eater, Aims Tubling, Anne smith; John
Colliugeby, Mary N,Wilelry, Joules Roden, J
John White, Thomas Graiitlis„ Jobe Bios:
Jaws.
Jllllll Cole, to be transported for life; Elizabeth
stead, for fourteen years.
A number of other tiouri!•ts were set
lie whipped, apd contisetiroi the lioube
lion.