The British Press; or, Morning Literary Advertiser.
London, England, 1821-07-13 00:00:00

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LAW INTELLICENCE.
COURT OF CRANCERY, lancomeslim,
Tissuaramr, JULY n.
The LORD CHANCELLOR came into Court at
hilA.past ten o'clock. His Lordship observed that
he would give his promised judgment to-morrow
morning.
°Atll.
TOWILL o. RARGEANT.
This was* demurrer to the Plaintiff's bill, and
Carne on to be argwed as on appeal from the (46"
pion of the late Vice-Chancellor, who overruled the
demurrer.
Mr. HART and Mr. BUCK were heard in sup-
portiaf the demurrer, and Mr. HEALD and Mr.
tiHADWILL against it.
•flte LORD CHANCZT.LOII...." In this case the
Plaintiff by his Intl says Sargeant hiss got a verdict
ag.iiiist him, therefore he makes him • pasty to the
hill. Where • person has been • witness at • trial
us law, he cannot be tosatte a party in a bill in this
Court for discovery ; but this is not that precise cos.,
for here the Pl..intilf apks for discovery, and does
not pray for relief by injunction or otherwise against
Sargestit, but it preys that other parties may be
indered to pay %meant the amount of his debt,
or that they might be ordered to give him (the
1'14144) the money to pay him; and that KU-.
grant might be test rained from recovering his debt
until the Plaintiff is indemnified, without praying
for .rpecific relief or a continued injunetion.--
Therefore; I am of opinion, the demurrer must be
allowed, and the bill divini-sed es spigot Sergeant.
The judgment of the Viet-ClpetteaLkois re-
sented.
COVRT OF KING'S BENlalkentrsasil..
• Taussasir, JULY n.
•
Before the LORD CHIEF Jusrict mod Common
Juries.
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TOLLETT V. NASH, RUST, AND PLAYLET. v '
Mr. DINDIAN stated the case far the Plaintil-
as one of outrageous assault. His Client, who is a
pork-butcher at Windsor. had some dispute with
the Defendant Nash (4 farmer), respecting the
payment of 'some pigs, which the latter had sold to.
the Plaintiff and the Defendant Rayley. In ems '
• sequence of this unsettled account high words arra
iat the'Cintle-Isin at 11'indpor, and the three De-
fendants all violently shooed the Plaintiff. He
oas pulled off his chair and dragged about the
rr,oni by the heels; some persons present then in.
er feted, and advised the Plaintiff to pay his' reckon..
log and go home, which he did, but the Defend.
sorts followed hint to his own house, and. violently
&busied him in the presence of his rife, and Nash
swain assaulted him by striking him over the shins
with • stick.
Witnesses were called who proved the facts.
The -Slums:Peon who attended the Plaintiff stated,
that his body was much bruised. and be had cons
siderahle fever.
Mr. Sea acirre addressed the Jury for tbe De-
fendant Nash, and treated the whole matter as a
drunken brawl, which the Jury ought not to encou-
rage being brought into • Cows of Law, by giving
any but the most trifling damages.
Mr. Guam es, followed, for the Defendant Itayley.
and contended that none of die evidence weld to
show that his client had ever struck a blow.
The Defendant Ruby had pot no plea on the
record, and no Counsel appeared for him.
The LORD CHIEF JUSTICR summed up the evi.
Ocoee. He said, undoubtedly, they ought not to
encourage actions for trifling assaults; bet it was
for the Jury to say whether this was an assault of
that description.
The Jury, after • few minutes deliberation, found
o verdict fur the Plaintiff against all the Defendants
I...,D4aniages 401.--. Costs 40..
COURT OF COMMON PLEAS, less 11.
The CHIEF JUSTICE commenced the Sittings
after Term this day, at Guildhall, when the follow.
ing canoe was tried by a Special Jury.
KYNASTON V. THE EAST INDIA COSIFANN,
Serjeaut VAUGHAN stated the Plaintiff's case.
He said this was an issue out of Chancery to de-
termine what was the tulle to let of certain ware.

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houses belonging to the F.ast,lndia Company, since
the year 1804. The Plaintiff is lay improptialor
of the parish of St. Motolph,
,in Aldgate-Without,
and by an Act of Parliament passed in the reign
of King Henry VIII. the tithes. are fixed at
the 'value of Sts. 9d. in the pound on the rent of
the premises in that and • 1 other parishes.
The East India Company not being tenants for
the.e premises, in the year 1804 refused to pay any
tithes, alleging that they were not bound to pay
tithe as they did not pay rent. The Plaintiff
]nought the question into Chancery, and it was
decided, after an appeal to the House of Lords,
that the Plaintiff was entitled to tithe un the value
of the premises, and to decide what that value was
since the year 1804, during which he had not re•
eeivvd any tithe, the present issue was seat to be
tried.
Several witnesses were heard no Loth sides.
The CHIEF Juertce charged the Jury, that it
was entirely a question for their consideration, iu
which he could give them no assistance.
The Jury, after a short con.ultation, found a
verdict for the Plaintiff, valuing the premises at
9,0001. per annum.

About a month ago two whales of large dimensions were
found forsaken it), the tide, at n point called lase/well, hi
t►e bay of Wigiowis, in Galloway. These peseafnl Arctic
wanderers were first observed by a party of seafaring youths,
who had bee., out on a fishing expedition, and who insole.
&lately t►ought of aecrriug the prize. To work, therefore,
they set, and as a riebst it use rot MI anchor, hit upon the soll3e.
what datigerous expedient of making fast the boat to this
beak An of the largest hob. Not the animal, whose leviathan
carcass was half buried in the sand, and which had hitherto
made no resistaace, was very far from relishiag this uncivil
ititerb rent?, and shallow as the water VI as,ht• began to beat it
so lustily, and with suck rood effect, that had not the party
prudently changed their moorings, they might have perished
in a storm of their ow■ creating. Accommodating them-
selves to circumstances, they commenced an attack upon the
binder parts of the whales, awl, rude as their implenieuis
were, seeeeded is tilling the boat with ahoot a ton arid a
half of blubber! With this cargo they immediattly stood
for the tows of Wigtowu ; and after peuvirling themselves
with a cable, anchor, hatchet, saws. 4c. they returned to
iniserwoll ; but by this time the tide bad flowed, 'meow'''.
sied by a smart breeze from the N.W. and wafted the car.
tosses of both the fish far beyond the reach of these ibex.
rkiereed assailarts.—(Glisposs Chronicle.)