The British Press; or, Morning Literary Advertiser.
London, England, 1807-06-18 00:00:00

King v. 'rooky. and the King v. Swift, which were .1
cited in the course of the argument. they wete fully
excluded by the provisions of the subsequent Sta-
tute
of the 44th of the King, in which the words
"travelling post' had been omitted. Their Lord•
ships therefore thought, that the Plaintiff was en-
titled to recover the duties upon the last count in
the Declaration, respecting the tourney to Brandferd.
—Judgment was • accordingly entered for the
Plaintiff.
The Arroasav-Gewes az made the usual mo-
tion. upon the last day of Term, for all persons
under recognizance to the Court, to appear &c.
Tilt NINO v. the RAY. RICHARD PAINS.
Mr. GA eno w dewed causes gainst a Rule for a
Qat, ;Taranto. calling upon the Defendant to chew
by what authority be exercised the office of one of
the Capital Burgesses of the Borough of Banbury.
The affidavit, on the part of the ap,slication, spoke
of the tads of the regularity or irregularity of the
Election, merely upon information and belief.
Mr. Serjeant BAYL In', on the same side, observed,
that as he had considered the several charters of
this Borough with great attention, upon another oc-
casion. he was requested to assist 'Mr. Garrow upon
the present occasion. After stating, that the Cor-
poration consisted of the Mayor, I I Aldermen, and
(originally) six Capital Burgesses, the Charter ae-
qairect, that in case of a vacancy, a majority should
be present at the election of a Capital Burgess.—
Upon the Election in question, it appeared. that the
Mayor, 7 Aldermen, and 9'. Capital burgesses, at-
tended the election of this gentleman, from whence,
the Learned Serjeant said, the ohjeftion arose, that
there was not a sufficient majority present ; he coo•
tended, nowever, that there was sufficient to answer
the provisions of the Charter.
The Cover. however, being of opinion, that the
Charter required not a majority of the whole Cor-
poration alone to be present, but a nsaj.ii ity of each
integr il part of the Corporation—the Rule was
made absolute.
TMs KINN 0. JOHN CIUNDILL.
This was a conditional Rule, obtained by the
Attorney-General upon a former day, tot a eerlfdrars
to remove an order of Sessions of the Magistrates
of the county of Middlesex, dismissing the Mete s-
dant, as Surveyor of the distria of Paddington, Si
Pancras, &c. into tills Court, as mentioned an a for-
mer paper.
Mr. To PING, on the part of the Magistrates. ob-
served, that he could not sunain the order of Sti-
sions, dismtssitsg this Gintleman. The Rule was
accordingly made absolute.

THI ICING, V. JAMES VALES, WI.
This WAS a Rule for a Alanda.ari, obtained on
a former day, by Mr. Jervis. commanding the
Mayor of the Borough of &mash to deliver over
the Constitution-Ifmk of the Corp ration, to Mr.
Barlow, the Town Clerk, in order that he might
make certain enures therein ; as also stated to a
former Paper.
Tae AT TOIttiILY•GLNIRAL, in sheering cause
against this Rul., stated, from the affidav
Bur-
it of Mr.
Buller, that he had 'seen many years a free
gess, Alderman, &c of this Borough; that he had
frequently served the office of Mayor, and uniformly
had the custody of the book in question. wherein
he hinisett made the necessary entries of the pro-
ceedings of the Corporation ; the Town Clerk,
Who was o ly an officer during pleasure. hew had
the custody of it ; and it was (sail the Learned
Counsel) somewhat remarkable. that this gentle-
man. who took S 3 adore a part with Mr. Ganorien,
on a former occasion, to have the macz., book., and
other insignia of office. given up to him by Mr.
Buller, upon the grounds of an endue elediun,
should now come forward with such an application
as the present.
Mr. .1 It KV Is. or the other hand, said, that the object
of Mr. Barlow was not to get the actual custody of
the Consmution-book, but to have such access to it,
as would enable him to fulfil his dirty as Town Clerk,
by making the necessary entries, which he was
bound to do by virtue of his office. The attempt
of the Mayor in this cause was to unite in himself
the two distinct offices of Mayor and rowu Clerk.
Lard ELLCIISOROUQN—" You have not shorn to
us what specific entr you want to make in this
book. You are the pry oper entering officer, and the
Mayor has a right to the custody ut the book. L 1
us know what you want to enter; and enlarge thi;
Rule until next Term."
JACKSON V. ratter cad ANOTISER.
This was a motion for a new trial, upon an action
of uespass against the Defendants, for building
open the Plaintiff's party fence-waU, when a non-
suit was obtained for the Defendants, upon the
Building At, as fully stated in a former paper.
After heating the arguments of Counsel, on both
sides, at great length, the COUR r was decidedly of
opinion that this was not a patty fence.wall, but a
party-wall,; upon whica both pantie, had equally a
right to build; and that, therefore, an action ul
trespass against the Defendant could not be
lie wall was originally built o;ily 14
main-
aches, and was carried up by the introduCtion uf a
flue. to 18 inches, which should have been the dimen-
sions of the wall from the foundation. The Cover
exprenied. a wish that both parties should be
punished. and that builders, in future, would
comply with the provisions of this necessary and
useful AB of Parliament, which was chiefly enatteil
to prevent excessive ravage*, by accidental are.
FICCSIAII I. lIIWBISTSOIS.
Mr. Nocan moved fur a Rule to detain the De-
fendant. an insolvent debtor, in the custody of the
Marshal of the Marshalsea. fie stated that the
Defendant had come up this morning to take the
benefit of the insolvent At, and had obtained an
order for his discharge, upon an affidavit of service
of notice upon the Plaintiff. by her maid servant.
at Rotherhithe. By 'widest, the Plaintiff's brother
had heard of this wasp/dim. ands having examined
the office, found the fell to be so. From his affida-
vit it appeared, that the Plaintiff never had a
servant maid, that she lived with him as his
housekeeper, and they lived at a place upwards
of half a mile from any part of Rather-
bathe. That this yap an imposition upon the
Court, in order to procure the Defendant's enlarge.
ment. The Learned Counsel reminded the Court.
that the Defendant had come up both to this Cam
and at Sorry Session% to take the benefit of the
Art. but was teessodeal for having made a II autlu•
-e 1-1- .--......., 'lllO 4 onion UM