The British Press; or, Morning Literary Advertiser.
London, England, 1824-11-26 00:00:00

-THE BRITISH PRESS.

TI?? XING v. 111LACIMURST.

Mr. STA'it It apidted to the Court for a rule to *hew rouse why
the defendant's name :should not be struck off the list of attorneys
of that Court. lie had been before struck off the list of tutor.
neys of the Court of Common Ness, by Justices Ilolmyd and
Bayley, at Lancaster. Ile was struck off by those I.earned Judges,
for having brought an action under the fictitious authority of Ed-
miston and others.

The Lour) Cu tElr JUSTICE interrupted the Learred Counsel,
and said, the circumstance of his having been struck off the list of
attorneys of one Court, would wclgh as a sufficient reason for the
Court not to rtfuse the rule.

Rule granted.

Inc LINO 'v. CITIIIIITOPHZRSOIf.

This case was twice mentioned in the course of the day. It was
an indictment against the Captain of a merchant vessel, for leaving
two seamen ashore in the Gulf of St. Lawrence.
_ _ .

The A7roattET-6EsEnet. moved for the judgment of the
Court.

Btotrottara, who was not present when the ease was first
called on, %aid, that some 'emn and affidavits material to the in.
tercets of his client were CIIMC:Cd, and he hoped their Lord.
ships would po.tpone their judgment until their arrival.
The A'rTORMET-tlt:SEt:At. imented. and it was weed, that
the defendant should be cilltd up for judgment certainly on
Saturday next.

COURT OF COMMON PLEAS, TnuasnAT,Nov. U.

SITTINGS IN BANCO.
CALTON AND PORTLY.

This was a ease in which an annuity had been negociated for Mrs.
Calton, living In Maryla-bonne-street in 1814, by Metals. Howard
and Gibbs. In that year she paid the !UM of 6301. for an annuity
of 1051. a year. Porter, however. only received a part of the const-
deration, and Mr. Sergeant Vaughan obtained a rule to show cause
why the annuity should not be set aside, on the ground that part of
the consideration money was retained. The affidavit of Porter stat-
ed that about November 1814 he was in very groat dilliculties, and
applied to Howard and Gibbs for the loan of a sum of money which
they obtained for him lean! Mrs Calton. Howard and Gibbs, in
paying over the money to Porter, deducted lions it the sum of 90L,
which they alleged he owed them, and a further aunt of 501. for the
expenses in preparing the annuity deeds.
Mr. Sergeant ranDT now showed cease against the rule, and
contended that Mrs. Calton had no knowledge whatever of what
Howard and Gibbs hal done in the transaction, beyond their pro-
curing her the annuity. Sir. Porter was a very good judge of what
a fair charge for preparing die deed was, inasmuch as he had been
himself a conveyancer, and employed on many occasions by Howard
and Gibbs to prepare similar conveyances. Mrs. Calton was a
wi-
dow, 68 years of age, and bad now only a small annuity to depend
on fur support. Mr. Porter had no fair ground of complaint, for
he admitted the debt due to Howard and Gibbs, and with respect
to the other charge. he had sufficient knowledge.
The Cuter JUST necessities, however, tern to have
borne down his knowledge.

Mr. Sergeant TA DDY—Mrs. Calton only consented to purchase
the annuity, and advanced hermonev for that purpose, and had no
control over the manner in which Howard and Gibbs had dealt
with Porter. The retention of the debt and the expenses certainly
came under the 53d Gen. 111. eh. 111, sect. 6. ; but Mrs. Calton
had no privity or knowledge, directly or indirectly, of any rich
retention. Howard and thbbs had no authority from her to retain
any part of the consideration money, and if any were retained,
it was wholly without her knowledge; and besides, she derived
no benefit whatsoever front any such retention.
Mr. Justice PARK—I think the question was decided lately in
this Court, in the ca‘e of Gorton s, Citampneys, that a person em-
ployed by a grantor to raise morey, and by a grantee to pay money,
and that at the time of doing so, any debt or extra charges he re.
wined, that in such came it fell within the 53d Geo. HI.; and that
the Court set the annuity aside, although the real grantee knew
nothing at all shout it. The case obtained a great deal of delibera-
tlon, for he really thought, as Mr. Gorton was dead, and his chil-
dren sought to recover a very large sum of money, and also as we
have an equitable jurisdiction, that the equity of the cage Ogled
have governed our decision. But we had an express Act of Par.ra-
ment, and we were obliged to be governed by it.
The CHIEF JUSTICE—Does Gibbs, I would ask, make any
affidavit ?

Mr. &TIMM TAIDDY.--NO. my Lord. TOT do I consider it ma-
terial, as Porter, in his affidavit, acknowledges the debt.
The CHIEF JUSTICE—I think if your divot get back her
principal and interest, that she will get very well out of the
annuity.
Mr. Justice PAIIIC—Most cer,ainly. I agree with your Lord-
ship. The case of Gorton and Chsumneys very atrohgly am lies
here.

Mr. Justice Bon totton—The agent stands in the place of the
hrincipal. Mrs. Calton left the management of her affairs in the
ands of Howard and Gibbs ; she had frequent applications from
them, and if she did not wish them to be known to all the world
as her agents, why did she not negotiate with Mr. Porter herself ?
Mr. Sergeant TADDY—But there is not a shadow of pretence here
to shcw that 11rs. Calton employed Gibbs for any other than •
legal purpose.
The Calor JCSTICE—No matter, the statute is positive; and
it says that no reduction whatsoever shall be made, UM any sum
retained or held over, under any pretence whatsoever.
Mr. Sergeant TADDY —But surely, nay Lord. I am not to be
bound by an illegal act done by nay agent, not only without my au-
thority, but against nay will.
Mr. Justice list ELEE—Yon land better yield to the suggestion
of the Court. Your client will then haw.: her principal and hater-in,
and if she be not satisfied with that, she has her remedy by action
against her agent.
:11r. Sergeant TADDT— That remedy now is good for nothing.
The agents are long since bankrupts.
Mr. Justice Mt auouun—Look at the Act of Parliament, and
you will hind it says. no money is to be retained by the person ad.
varcing the money on annuity, under any pretence whatsoever.
Mr. Justice PAUX—Really we shall never know what the Court
is, if cases are hashed up in this manner after so mans decisions.
Mr. Sergeant TAIDDT—But with submission, my Lord, I con.
tend that decisions, however well considered upon former cases, are
not to conclude me here. I have a right to argue this case merely
upon ha own merits.
The Cu frt. J nation—l have heard my Lord Eldon say, when
he sat here, that annuities usually led to the ruin of the grantors.
as well as grantees. If you cannot distinguish this case from that
of Gonna and Chatspneya, and I do not see how it is possible,
where is the use of judginents being given ? If arguments are
urged in the face of accredited decisions, when wilt the business of
the Court proceed as it ought to do ? It is true, no doubt, that we
sit here, not only to cornet the errors of others, but also to cor-
rect our own; but unless it be made appear that former decisions
in this point have been wrong, it is too much to call upon us now
to alter them.
_ _ _

Mr. Sergeant TADLY—Tiut with great respect, my I.3rd, these
decisions are not law. It is held in 7th Taunton, 796, that an un.
reasonable charge for expenses in drawing up a deed, did not set
aside an annuity.
The CHIEF JUSTICE—Stare deeisie is a good legal maxim.
brother Taddy. There are tio observations tieeessary to be made in
this case. Let the rule be made absolute for setting aside the an-
nuity': Mrs Callon being paid her principal and interest.
Mr. Sergeant TADDY—WiII the insurance which we have paid
be allowed ? _
_ . _

_ .
The CHIEF JUSTICE—That remains for the consideration of
the prothonotary.

PUNISHMENT TOR FORGERV.—A correspondent in an
Evening Paper says—" In addition to the many eases
already noticed by the newspapers of persons not sufilring
the last penalty of the law for forgery, I beg to mention
two others of recent date, both of which occurred at York :
one was the case of William Tidd, tried before Mr. Justice
Park. There were several indictments against this man,
when guilt was of a very aggravated degree. Ile had been
a banker's clerk, and taking advantage of his knowledge of
the hand-writing of his employers, had committed forgeries
to a serious extent. Principally owing, I believe, to the
humane and eartic:t intercessi m of a highly respect-
able Alderman of I'ot k, the pt isnn,:r's life was spared. The
other case to which I have alluded was that of Mr. John
Armistead, who had been a merchant in extensive business.
The guilt of this person was also great ; he had committed
a long series of forgeries, but was tried upon only one
indictment, and was convicted. Mr. Justice Ilolroyd sat
as Judge. The prisoner was left for execution, but was
afterwards reprieved. It has been said, and I believe with
truth, that a connection by marriage between the tinnily of
the prisoner and a near relative of a gentleman high in his
Majesty's Council, was of some service to the prisoner. It
is, however sufficient for my purpose to state that his sen-
tence was mitiousl to transportation for life."
The Middlesex Sessions begin on Tuesday next, and the
Old Bailey on Thursday.