The British Press; or, Morning Literary Advertiser.
London, England, 1810-11-14 00:00:00

titian Of liostiiiiirs between engv.and and rriti,lP,
had not been effected, mod the preliminaries of
peace between the two con:Arica had not been
signed, on or before the Ist of duly 1R 10. Prior to
that period, however, the Defendant had become
bankrupt, and Plaintiff, with many other persons
who laud emit, ird into similar contracts. p►oduced
his policy 1211,:.'S 11. c ronnutssion, fur the purpose of
learning what chante he ►toot) of receiving a divi-
detia on the stionlated sum, provided be wail sue.
armful in his speculation : he found. hoviever. that
the contract was illegal, and, of course. nuil and
void. The Plaintiff, in the month of June pre-
ceding the time when the contract would be de-
ter ttttt led. brought his action for 401. the amount
or pressiiiiin lie had paid, tor which the Jury gave
him ■ verdict, which Mr. Si rj.iint LliNa sought to
art aside ; tin the grotiiiJ, that, though there caa
contract in Act, it had not a lauding operation, be-
hi,r, iu putu...f law, an illegal tratisuctiou; and that
the ?LIMA!' should not be permitted to come into
a Court of Justice. under such circumstances. to
place himself in a better situistiuu than his own vo-
luntary act, in originally !sling away his motley
under an illegal agreerneut, eutitled him to de-
mand.

Mr. Serjeant SIISPHIIII) contended, that the
verdict ought to be suffered to remain undisturbed,
on the gr 1, that it hid been held by many Law
Authornito., Illat, in cues where it ea. not legal to
enter into contract% if the party payniz premium
sued for his money !sick again, before the ►isk had
occurred, that is, before the period to which the
contract tins reptructed had detertnined--iiii that
cur, he had a right to recover it; nod, in the pre-
sent instance. such reties bed been iustituted be-
fore the specified time had expired. In support of
this opinion, he cited the cases of Lowry v. Verdun.
in Douglas's Kepo►ts. p. 163; Allda. 0. Fletcher,
3.1 Terme ltepu►ta, p. 166: and Vandyke r.
14 East's p. 196; in these cues, the Plain.
tiff. hail laud under illegal contrails ; they were. of
course. ooneuiteyl ; bet ►t was held by the Wadi,
that if they had brought their antiuns prior to the
detervuinsit of the specified event% for the pre-
mium they had paid, they would have recovered.
In the cede of.Tappendeu r. Randall. in the id
Ikrosequet and Pa flee. p. 467, the Assignees of
Tapprnden recovered the premium he had paid to
the Defendant on au illegal insurance--the nelson
having been brought prior to the time at which
the iuseratice terminated. In the case of Le-
t:amide e. Whit•, where the runt had termi-
nated before the action was brought, though the
Plaintiff did not obtain a verdict for the sous
claimed cruder the terms of the contract. which,
hke the present. Was in the nature of wage►, and
the►efo►e illegal ; yet. under the direction of the
Lunged Judge (Kenyon), he recovered the lut-
etium. The whole argument went to• prove that
premium could be recovered, in cases where the
illegal contracts on which it wu paid, were men-
fury. or in progress towards their termisatiou; but
not where they *tree:tented.

Mr. &leant Mt amlxt.s. Wowed N the same
side. He contended, dint the instrument was
manifestly voiii, under the het -44 the 14th Geo.
111. r. 48. sect. I. which was held in the-case of
IL..ebeck fs. Haroiltou (being a contract relative to
the sex of the Chevolie) LrEon). to mamma to is•
simmers of even descripison, except marine in-
surances; and the Pbuntilf having brought his ac-
tion before the determination of the time cinsilein-
plated. he had a right to recover the premium.
Mr. tiejrant Lusa replied is s most able menu-
men,. The Plaiinilf, he submitted. could not re.
cover ; for, whether the instrument was dd. le
esecstf•Jo y, it we. in von to say this was an aetion
lzw•itzlst to resciud • contract. nhen,in lows
there was sto miming which could he re1....4%01.rd.
lie accu►ately pntnte•l out the distinction between
the CAW of Lacreoade and White mid the other
C 4,11 which Ins Learned Brother had advanced.
The law would not allow of the distinction of eon.
tniets exeeittril and esecutory. except where the con-
tracts to which• it applied were legal, Which tin.
doubtedly was not the ease in the present instance.
It had be-is a t►an.artion of honour. owl if
the liankru:ney had not taken play', this action
wontil not have been brought; the Plaintiff, how-
ever, finding that he was out likely to recover the
specified sum, sought to °lonia the original pre-
m.& Bat a person eutenng into a contract of
this deficription, stood in the same situation both
before ■ad nft►r She event coutemplated ; and• he
could not, in either case, rinse 'before a Court of
Justice, the Sr infliction. loing throughout inert.
casts winch had been cited. might, he
thostol.t., he ',vitalised. with the exception
of that of [Actinide against White. which
w..i.t firtlier than even the present case de-
iipioded. lint lir prayed the Colin to recur to the
principle which was acted upon long before any of
those cases had been tried. viz. that when an
individual ht•catne ■ loser by any illegal contract
into which hr had vnluntaiily entered. he should
not hare au opportunity of putting himself in a
better situation. by going into a Court of Justice.

The judgment of the Court will be gives ou a
future clop

Friday the Earl Annesley attended at the Police
Oflke in Debe-seveint. Debi inomul comsplained that
a false report had been circulated, that his Lordship
had been concerned in calming the late disappeer-
once of the boy c died Earl Annesfey.—Messrs. John
and Thome Lees also attended to answer his Lind-
ship's complaint ; and the parties concerned are
ordered to attend co Monday next.
The body of the Hon. Capt. liar Drttlanoso
was found in the Earn. at nine ,"clock no Tuesday
morning. exactly 0 hours after its submersion. It
was nearly half a mule, by the course of the river,
below the ford, which he had ro unfortunately at-
tempted to pees. It was immediately conveyed to
Dopplin Castle, and deposited in the family vault.
On Monday a shacking occident happeoed to a
fern ile servant of Mr. Slitaws4.l., in Upper
Eaton-street, she wentupteo pair of ataiirs
to maks the beds, and clam the back windows: the
latter work was her own free will. as am had been
desireft by her iniatreas not to do such work, having
'xis:newel an accident in fallisor from a sinclow.
She was missing upwards of two hours, and was at
length found in the card lifeless, having fallen oat
of the two-pair of siisira eit,dow, itli her skull
terallr dashed to pieces.