The British Press; or, Morning Literary Advertiser.
London, England, 1824-01-06 00:00:00

FROM LLOYD'S LIST.

FALMOUTH, JAN. 3.--Sailed his 3laiestv's packet Marin,
with a mail. for Lisbon ; and the Nancy, eamiler, for Genoa.
Ptv3lllC T It, JAN. 2.—Arrived the Sons of Commerce, from
Oporto in nine dgys, with lop. of sails, bulwarks, &c. and pan of
her cargo of wine thrown overboard ; :ad Uoion, Lowman, from
Terceira. _

PooLe, JAN. 4.—The cargo of the Sussamah, Rex, from Lon.
don for Leghorn, has been dieluirged 'titbits' damage. The
vessel only appears to require caulking.
Cowes, JAN. I—Sailed yesterday the Active, Moore, for Ma.
deira; Britton, Cuttance, for Falmouth ; Rolla, Sims, for Naples;
Louisa, Lowrie, for Gibraltar; Exchange, Prince, for Bourdeaux ;
Esther, Paster, for St. :Michael's; Forena, Van Duivenlioode, for
Batavia; Valentine, Graves, for Seville; Mayflower, Stevenson ;
for Genoa; Prince Regent, Ja• 'Cis, for Ross; Concord, Hollis, fur
Waterford ; and George, Bryant, for Rottrrdaa).
PORTSMOUTH, JAW. 4.--Sailed his Majesty's ship Cambridge,
Captain !Haling, for South America. Passed by for London the
General Palmer, Truscott, from Madras; and the Palmyra (or
Pyramus), from ditto.
RAUSE:ATE, JAN. 4.—The Fortitude, Nichols, from London
for Plymouth, in coming for the harbour, ran foul of the Speed-
well, Crocker, and carried sway the Speedwell's chain plates, tore
her mainsail, and did other damage, which obliged her to put back.
The John, Albert, Brat/met, is said to have yesterday proceeded
for Dover. _ _

illanneet, JAx. 3.—The cargo of the Henry Addington am .
tinues being discharged, and comes out very wet. Hopes were en.
tertained this morning of keeping the water out of her, and measures
were taken accordingly, but as soon as she began to lift, the tilled
again immediately.
JAN. 4.—The principal leaks hare been got at, and stopped slab
morning, and the brig is now safe alongside the pier.
DEAL, JAW. 4.—Saded yesterday the whole of the outward.
bound. Comedown from the River, and remain, the Peter, Ellis,
and Independent, Wild, for Vern true. Arrived the Thames,
Heaviside, from China. The brig Despatch, Findlay, cut from
her anchor at our, a. to., having driven close on the hawse of an.
other vessel, at two, a. rrt., was ran on board of by a large ship,
and was obliged to proceed to Rainseme harbour.
GRAVESEND, JAN. 3.—Sailed the Prince Regent, Wales, for
Tenerille ; Sarah 3larguct, Streader, for Hambargh; Alagract,
Mitchell, for Naples; Lively, II iggins, for Terceira: Underwood,
Rimington, for Demerara ; 3lagnet, Mount, for Nes Orleans;
Oporto, Covey, for Oporto. Arrived the Guisbro' Ferris, front
Sewfuundland; noniron) the Canaries; Jenny, Donald,
from 31cssina ; Promise, ( ow, from Miami Maria Elizabeth.
Harrison, from Hamburgh ; ganef and Mary, Hart,dpere dllw a
Holding Spring, Strong, from Jamaica; Coronation, Power, ften
flarlingen Baltic Merchant, Holmes, from Gottenbueght Old
Maid, fully,' from ditto; Endeavour, Jones, from ditto; Union
Dean, from St. l'etersburgh ; Bellissirua, Warren, from ditto;
Ann, Hurst, from ditto; Archimedes, Pratt, from Marseilles;
L'nion, nen, from Honduras • Isabella, Imlay, from Quebec;
Harvey, Evans, from Cronstallt; Lively, Taylor, from Rigs;
Cyprus, Brown, from Sweden,; Calthorpe, Newton, from Copes.
hugen.
Jax. 4.--Sailed the Georgians, Warren, for Berbice. Arrived
the Burden, Pearson, from Daotaic._ _ _ _

JAN. I—The Gosfo•th of Newcastle, from Goa
tenburgh for London, broke her windlass and lost an anchor and
cable of Aldbro', on Thursday night, and came into Cotton Bay
on Friday, where her damage is repairing. The Liberty, of Poole,
is gone to pieces.
LIVERPOOL, Jew. 3.—The Homby, Wsde, from hence for
' Rlo Janeiro, was totally lost on the rocks of the Great Orm's
Head. Only one of the crew, John Williams, saved.
MILFORD, JAN l.—The Cumberland, Wells, from Seville
for Liverpool, with fruit, drove on an anchor, and soon after filled.
The cargo will be discharged this day.
Itlat.AoA. Ur.c. l7.—lnformation has been received here, that
on the 17th uit. a Sardinian vessel from Glut-altar and Cadia to
Genoa was plundered by a pirate off Cape de Uata, we have net
learned any further details, but in consequence of information sent
to thbraltar, his :11sjesty's sloop IVessel arrived here from thence
on the 15th inst. with orders to eructed in search of the Pirate.

Ships at Spithead.—The 4'imbridge, Hussar, Jasper, Came-
leyn, Calliope, Antelope, and Kangaroo. In Hubour.—Queen
Charlotte, Albion, Jupiter, Phaeton, Tweed, Ranger, Menai,
Tyne, Pandora, Grasshopper, Arachne, Sparrowhawk, Arrow,
Cygnet, Plover, and Starling.
Ninety-nine Midshipmen were promoted to the rank of Lieute-
nant during the past year, including the lion. H. J. C. Talbot, of
the Sparrowhawk. }bay-ci,,ltt Lieutenants are now employed in
the Preventive Service, on the coasts of Sussex and Kent alene.
Lieutenant W. Woodham is just appointed to that service; the
Rev. John Arscolt, to be Chaplain of the Lively.
The brig Magnet, of Aberdeen, is totally lost on the island of.
Savannah ; the master, pilot, and two of the crew drowned.
The Minerva, Morley, struck on the Scooley Sand on Friday,
and was carried into Yarmouth leaky.
The Kains, Cunningham, was to sail:from Madras for London
or. the 11th September.
The Ganges, from Liverpool foe Bombay, was spoken with 13th
ult. in UL M. long. 14. all well.
The Cumberland, Wells, trout Seville for London, drove upon
an anchor at Milford, 2d inst. and sunk.
The Friends, Forster, from Quebec to Limerick, was on slime
on Father's Point, river St. Lawrence the middle of Novembt.r.
and it was tearrd would be cundeinned!

The Niger, Walker, from Newcastle for Grenada, was totally
lost in Hasbro' Sand on Friday night, and only four of the crew
saved. _ .

The following vessels put into Gottenburgh previous to the 93d
ult.:.--.3llu.garetha, Wetherall, from Peteraburgh, and sailed thli
ult. far Loudon ; Lord Exmouth, Barrett, from Memel, with loss
of anchor and cable, and sailed 10th ult. for Plymouth; Fanny,
Gray, from Riga, with loss or anchor and cable, bound to Eng-
land ; Norfolk, Anderaon, from Danzig, with lose of anchor and
cable, bound to England.

Cunca.—Letters from Canton were receive] on Satur-
day by the Thames East Iniliaman, arri%ed in the Downs, dated
the bth of August, and bringing intelligence that appears to fore.
bode another misunderstanding with the Chinese Government. It
appears that the affair of the Tonne frigate has by no meats been
forgotten, though generally understood to have been arranged in a
satisfactory manner. On the arrival of the Thames in the river of
Canton, which took place early in June, a person was sent on board
by the Viceroy, to inquire whether they had brought out with them
the murderers of those persons who fell in the affair of the Toone,
and were prepared to deliver them up to be put to death by the
Chinese. They considered it to have been a stipu'ation fully
agreed on, when they suffered the affair to rest and the trade
of the former Pelllloll to go on in the usual manner, that the
misunderstanding should undergo a strict investigation by the
English Government, and that the offenders abentlil he brought
to Carton by the first ship of the present Pete3oll. The Com-
mander of the Thames evaded the requisition, by alleging, Se
was the fact, that his ship was not the first of the new season, but
the last of the preceding one, hasing been detained an unusual
time on the voyage; and with this plea the Viceroy professed him.
self satisfied. In the beginning of August, however, before the
Thames haul cleared her cargo, the Bombay, which was in reality
the first ship of the new season, arrived in the river at Canmn„
when the application was repeated, and met with a reply no little
satisfactory, that there was no probability that the Bombay would
be permitted to take in hercargo. It does not appear that the track-
was actually stopped, the Ikanteuy having pow...oiled from Manor
to make the experiment, and the result not being known. The
other ships which had arrived subsequently to the Rombay, wens
waiting at Macao until it was aseertamed what comae was adopted
by the ‘'icerny with respect to that ship. The most violent conduct.
on his part was apprehended, and it was reported tint the whole of
ft,tiveLl,lieonomg,issorionsecui
oifttbee-neixerepchcattnatsred, had beeressb;ltireit ttsrt:iPisehkoin, ovterno answer
fi.t the otitiuwti ut the ei.cCted redress be the British (Jovcmnuent.

I

LAW INTELLIGENCE.

COURT OF KING'S BENCH, MONDAY, JIW. 5.

A.Vatowed Sattilegs after Mirhnehrias Term, before Mr Loth
emu" JUITIVE aid Speriaatrks, 44

NEGLIGENCE OF BROKERS.
&utters r. 'WIIITX.
Mr. CvatParr T. opefiot the plesdines. and stated the case in
the absence of alr. Scarlett.—The plaintiff is a rehpeetable mer-
chant in London, who having imported a quantity of whisky from
Canada, employed the defendant as his bloke: en sell the same. Ile
should put in a sale note given by the defendant to Mr. Conte, whom
Defendant alleged to be the purchaser. This fiction was for negl:.
puce • the defendant en a former trial having deposed that he did
not think he had authority from ('oats to make out the sale to hint,
by which the plaintiff Imo his verdict against ('oats; and this ac-
-51011 therefore was to rectum not only the damage hut the coots of
the action brought against (osts.
Sale note put in, dated 211th August, 11122, and proved to be
the hand-wntm,g of defendant, by his clerk, Mr. Francis Yates.
The witness being asked respecting defendant's hand-arising to
the billof parcels, przvaritated ; when the Lord Chief Justice told
Itipu iflte gave such shuffling answers again, he would send him to
Newgate. Witness having hesitated some time, said, "1 do not
believe that to be his hand-writing."
Cromaaasinined by the Ziot.tcrroa-Gewtant..—hir. White
chord no brokerage—did not so understand from O'Brien. The
had gout on for some time, when a meeting took place,
necaorem calcolatimn were made on a newspaper ; the price was
asked by Mr. O'Brien of Coats for proof spirite, and in conse-
quence Mr. Coats made some calculation ; does not recollect the
price being then named. These spirits were over-proof, witness
believes; in all sales spirits have been sold by proof, which is
usual in the whisky trade. Irish whisky is sold at 7 per cent.
over proof; the Excise laws will not permit it to he sold above 7
per cent over-proof; it comes here 22 per cent. above proof. and
nay! be sold In bond at 22, but not delivered not over 7 ; Canada
whisky may be delivered at any extent over proof.
Re-examined by Mr. CAMPIIELL—Refore August, 1822, Mr.
White has) not been concerned in Canada whisky—this was among
the first imported into England.
Mr. Coshes& clerk in the London Docks.—ln August, 1822,'
O'Brien had 80 puncheons of Canadian whisky in the lioeks,
which were transferred to the account of Mr. Coats in January,
1821.
Robert Ellis examined by Mr. SCARI.F.TT-15 clerk to Rear-,
ion and attorneys. Remembers the trial of " O'Brien v.
Copts," of which the produced is the judgment. Mr. White.
when examined, said he was ntit confident that he had been au-
thorized by ('oats to conclude a contract in those terns; witness
ioes not recollect the precise words. but that he met Mr. Coats in
the stmt, as he was about to get into a stage coach. He was ex-
'Mined as to the particulars of the written contract, and said he
would not swear that the agreement with Mr. ('oats was without
payment for over-proof. The point to which air. Gurney cross-
examined was, whether Mr. Costs agreed for the price for the spirit
tit was, without payment for over-proof; and that the conver•
sedan only legal a few minutes, whilst Coats was stepping into a
ease& The defendant Coats called no witnesses; that was the
gmuna of defence, and Mr. Gurney contended White hail not
proved the contract.
Ike-exnmine.l by the SOLICIT oa-GENERAL.--WOUld not swear
that the negociation was going on, the only difference being on the
pr:nciple of the price being regulated by proof ; will not swear
that White 'stated every thing was settled except the price; cannot
reeollect White's saying the only difference between them was the

price.
Rte-examined by Mr. SCARLETTo--The civets which O'Brien
paid to Coats were 391. 18s. 9d.; his own costs Inf. I dr. 1,1. Judg.
meat read-verdict for the defendant.
:dr. Three Coats was called on his subpoena, but did not answer.
Din Nicholson examined by Mr. PAIIC-11 a distiller ; in Au.
gust Ilel2, lei. id. per gallon, without duty, 'cut a fair price for
Canadian whisky. In 1923 it fell to 2s. 41, without paying for
mot-proof Is. 10d. Twelve months credit would maite a difference
of about 10 per cont. ; one penny per month for credit ie allowed
o Brinell spirits.
Edward Fletcher, Excise Officer, London Docks. produced the
Mining account of the casks in question-.-ovenproof !MCI gallons.
Was. Nicholson recalled.-'$ mien bought one puncheon of
this whisk of Conte, at 2s. dd. last July, deducting dd. a gallon
for the difference of the over-proof paid for and that delivered.
Taking it as it lay, it was not worth more than Is. 10d.; upon the
last puncheon paid only Is. 10d. per gallon, and the excise duty ;
it is usual inehe trade to pay for the ovenproof ; when the bariaio
is yo much a gallon, would not expect to pay for over-proof, unless
so agreed npon; upon Irish whisky the over-proof is always ex-
ported to be paid for.
ilincennined by Mr. Seseeenr—lt is usual to stipulate whe.
tAft the over-proof is to be paid. Foreign spirits are usually
bought as they lie, stating the strength in the contract. Canadian
typist y. pays the same duty. as rum; Irish whisky Is considered
British spirits, but Canadian is not.
Mr. Thomas Coats remembers reeelviNg seontrect from White,
which be returned ; witness returned it because he conceived he
had bought the Canadian spirits as they lay, and not paying ac-
cording to proof ; certainly did not authorise Mr. White to make a
contract for those spirits in the mode prescribed by the contract ;
Witness is a partner of Messrs. Fox ; witness carried Mr. Fox to
nine the spirit, and he left the regocianon to witness ; two pun.
chums were sent to Fox to be rectified ; they formed part oldie 90.
The produced is witnees's letter, dated 29th August. The defend-
are repeatedly ,applied to witness to purchase ; witness only in.
tended to buy too, and not ninety puncheons; Mr. O'Brien
wanted witness to buy the ninety ; very likely might have offered
2s. fur the whole. Saw O'Brien at White's counting-house, and
made a calculation on the margin of a newspaper; they would not
let witness have the two at 54. lid. ; he (witness) was treating for
the two oply. They always talked of the whole, but witness treated
far part only, except on the miming Mr. White met witness going
into a coach ; will nut affirm that he took the two puncheons at
proof ; it was not material, as he wanted the two puncheons merely
forest experiment with reference to the whole ; tines not recollect
spy mention of the word proof with White. as they were walking
to the coach ; thinks be asked 31r. Crquhart whether Canadian
spirits were sold at proof, but is contident not with reference to this
itenesetiv ; witness is a lijtiaker ; will not affirm that this 'was be-
fore or after the contract in question ; witness never purchased on
bells drawn on Fox and Co., of Plymouth.
Re-examined.-Never entered into any negotiation for the ninety
perch/ions until walking with White to the stage coach.
The SOLICITOR-GENERAL, for the defendant, said, if the
plaintiff recovered in this ataion the situation of a broker would he
one of great peril, rile. Coen having proved he never had but this
hurried negociauion. With regard to the ninetwuncheons, he ap-
peehended there must be a verdict for the defendant. Ile contended
that Goats must have known, that by purchasing at so high a rate
as 2s. fel. he was to pay for the over.prsof. Air. Coats did not pro.
tees to have a precise recollection of the contnict ; but he (the So-
licitontieneral; contended, that the whole negotiation went on
upon the principle that over-pmof was to be paid for. Mr. White
Men would naturally refer to the principle of the previous negoci-
ethic, and was jusufied in concluding that the contract was corn-
nine. The Jury would take the whole of Mr. White's evidence
Iris believing, though he could not positively swear, the word proof
was made use of.
The LORD enter Jut:Tier. interrupted, referring to White's
evidence; but what his Lordship said was not audible.
The Soeictroe-OeWEIIAL proceeded-Mr. Costs did not say,
When he objected to the contract, as to the name of Fox and Cu.
being used in the contract, but that he wan not to pay interest,
or for over. woof. Ile contended, it was obvious in all sales of
spirits, that over or under proof should regulate the price; there
*as no other certain standard. This was the hardest possible case
that ever occurred to a broker ; because Mr. 14-iiite is not certain
the word " creer-proof" was inserted in the contract, that therlbre
he is to make good the loss incurred by the evasive conduct of
Mr. Coats, occasioned by the fall in the market. Mr. White had
no commission on the contract, and no interest but the buena of:
O'Brien, for wham he had done highest, however unfortunate, the
tranaactioo had turned out.
The Jury observed, that Coats's letter chewed he was in treaty
tor the whole.
Loan Cuter JUSTICE-Ile did not deny that; only that it
wits when stepping into the roach.
Francis fates recalled-1. clerk to the defendant-remembers
the sonvereation between O'Brien s nd Coats, at White's counting.
house, on the subject of the ninety puocheons, in August, 1922-
remembers frequent converntions between White and O'Brien,
and the price was mentioned by Mr. O'Brien for proof.
Cross-examined by Mr.:lc:eat ETT-Ilas been six years Al'hite's
clerk, and seen him write; they mentioned two puncheons; the
produced newspaper (P&G& Ledger, IVefinesday, August 28) is
that which Mr. White takes in ; it was taken up to O'Brien when
he brought his action against Coats; can't speak to the marks, but
was present when the adeulation was made on the newspaper by
Co its.
Mr. W. A. 17rquhart is accustomed to the Importation of Co-
rinth, whisky. In Member, Ite2l, remembers speaking to Coate,
and infer: vier! him the over-proof was to be paid for; this was
its wishing him to purchase these very puncheons before witness
iteld them to O'Brien in 1821; this was before they bad arrived
from Canada. Before the sale witness bad a conversation with
Costs, when he observed, ('tat it was the confounded over.!
proof which made these spirits so dear , they could not be
used to any advantage; this was before Coats's treaty with
O'Brien. Witness purchased these whiskies at the proof of
Messrs. Uille.pie. to pay for the over-proof before their arrival.
Air. Lee-la • spirit-broker; bet negociated eighteen or twenty
salts of Canada whisky, prior to I n 2.1 the practice was to pay for
ovenproof.
Mr. Robert (liliespie-is acquainted with, and was the importer
of, this whisky : it is usually imported at proof, and to pay for
nver.proof : that which was over-proof, was invoiced to witness at
a proportionately higher price.
Cross-examined-liesides these 100 puncileons, speaks of sake
made since this purchase. " The ovenproof to be paid for," has
usually been inserted in the contract.
By the Loan Ciller JUSTICE.-1 Witness referred to ILTI
lake' -These figures are the Excise account of aver-proof.
31r. SCARLETT replied-WC are all agreed that a broker Is
sot to execute a contract without the authority of both parties, or
to execute a contract as the agent of another, which he would not,
and could not verity in a Court of Justice; otherwise he must be
held responsible for having involved the parties in ruinous litiga-
tion, In professing to hare shade a contract which hail only &-
Sneed his employer. It was said a man who was Come el for himself
had a fool foe his client. Now that was the case of Ale. White, in
being put into the witness-box, and failing to prove the contract
he himself had made. This caused Mr. O'Brien to lose both his
contract anti his action against Coats, lie submitted the plaintiff

teas entitled to MOM the full amount for the defendant's negli.'
genre.
The Loan Cuff, JUSTICE observed, it well not extraordinary,
since the Talk was as unsuccessful to the principal, that the broker
should relinquish his commission; but it did not appear be lied
agreed to do the laminas without taking commission. This
hating bret3 the first importation of Canadian whisky, there could
be no established usage; therefore it was incumbent on the defen-
dant to have set forth the terms the more explicitly in the contract.
Excl.—ire of the loss on the mule, the costs were 102.1. Ilia Lord.
ship thought this question of much importance to the City of London.
whether a broker shall make a contract other than that which
shall bind the parties to it ; and afterwards himself prove he was
not authorisid by one party to make the contract on such terms as
stated? The .lury would say, without any rellectitm being im.
plied as affecting the integrity of Mr. White, the defendant, whe-
ther he had not, in the hurry of business, made his contract for Mr.
' O'Brien, the plaintiff, in such a negligent and unbusiness-like
manner, as to have made himself liable for the damage sustained
by his principal, In consequence of his (the broker's) default of
' genet.
Verdict for the plaintiff—Damages 1561. 7s. 10d. and costs.

LATIUM AND OTHERS V. RETLET AND OTHERS.
This was an action brought against the deceit:tants, as common
Careers between London and Dover, to recover the anemia of a
banker's parcel, delivered to them for the purpose of being con-
veyed to Dover. The pleadings being opened,
The SOLICITOR-OFNERAL, with whom was the Constole
SE anti* 7, stated the case to the Jury. His clients, he said,
were bankers at Dover, and the defendants the carriers to that
plate from London, canying on their business at the White Hart
the Borough. n the 17th May, 1820, the plaintiffs town
agents, Hoare*. Barnet and Co., sent a parcel to the defendants'
warehouse, containing Dover bank-notes to the amount of 1,3401.
The parcel was conveyed by flown' porter, end delivered to •
Mr. Staibury, a partner in the defendant's business, who revived
it in the counting-house adjoining the warehouse, and put it into
his desk; he then went nut of the counting-house, turning the key
in the door, but not taking it out. On his return to the counting.
bowie Mr. Stanbury missed the parcel, the which he could afterwards
learn no tidings of. The plaintiff's were in the habit of receiving
parcels by means of the defendant's conveyance every week, and
paid weekly • guinea for the carriage of them. The common
charge would be about Is., but that extra sum was paid to secure
their safe passage. It was true there was a clause in the agreement
which set forth the liability of the defendants to make good any
accident that might happen to the parcels, See and robbery ex-
cepted, but the Learned Solicitor scarcely thought his friends
(Messrs. )larryatt and (homey, for the defence), would set up thin
as a robbery coming within the intent of the clause in question ;
because by that was meant a violent robbery, which this could not
be tortured into: 2501. of the stolen notes had been received at'
Hoare and Co's.. and their numbers ascertained by the books of
the house ; and M)ul. more, it would be proved, through the means'
of the bankers in the country, had also been paid; therefore it'
would be too much to say that only the identical notes which made'
up the sum of 7301. had been presented and paid. Under these
circumstances, he trusted the Jury would find a verdict for the
plaintiffs to the whole amount sought to be recovered.
William Calton sworn—l am porter in the house of Messrs.
'Hoare and Company, and was so in May 1829. At that time, and
since, I was in the habit of taking parcels to the White Hart, in
the Borough, for Messrs. Latham and Co. of Dover. Mr. (Jardine,
a clack in the banking-house, delivered them to me. On the 17th
May, ld2o, I received a parcel from him ; I saw the notes, and
took him in a candle to seal the parcel, which was addressed to
Messrs. Latham and CO. Dover. I delivered the parcel to Mr.
William Stanbury, one of the defendants (since desd), who looked
at it, and put it in his desk, and gave me a receipt for it, (which
rec.:Mt was put in and read).
Robert Hall, the chief constable of Union Hall, sworn.--.I was
applied to by Mr. Stanbury, jtut. In May 1620, to look at the
cuunting-house of the defendants. He told me that the piece had
been Molten open, and a banker's parcel stolen. I was not satisfied
tint It had been broken open ; and Stanbury, after a little limits-
tion, said, "Then tell ineshow the robbery occurred." He afterwards
said, that unfortunately he had left the key in the door when he
had occasion to go into the yard foe • few minutes, during which
time the rubbery was committed. I was instructed by the brother
of Smnbury to discover the robberies. lie mentioned a sum that
he would give me kir the discovery of them, but what it was,
I forget.
Mr. Richard Thomas, a printer in the Borough, was put into the
box to prove that he had received instructions from Stanbury to
print a hand-bill that was put in and read, dated the .2thlt
1820, giving a description of the notes that had been stoles. A
note was also read, signed " W. Stanbury," and addrestied to
' Mr. H. Latham, stating that he was then gone to the Police
Office, and he hoped that an offer of 3001. would, cruse the notes to
be returned.

- ---------
Mr. William Waters, and Mr. Bradshaw, partners in Hoare's
house, and several clerks in that establiAutient, were called to
move in what manner the notes were sent from London to Dover.
The general custom was to put Latbora's notes that were received I
between Wednesday and Wednesday into a box, putting the notes
'received each day into a dila of paper, at the back of which the
amount of the day's receipts was written out the sixth day . the
daily rolls were all plead in a large Mkt of paper by Mr.lirad.
I she* ; the gross amount put at the bock of it, and this notes given
to a clerk to make into a parcel. On the 17th May, 11120, the
'amount was 1,340 L

Mt. John Ileywood, clothier to Latham and Co., In May 11120,
swum—Motleys were he the habit of bringing down a parcel wl
ffromlioare's to Latham's, for which guinea was paid; a parcel
genetally was sent up from Dover every week. An iron chest was
' wade tor the parcel to front of the waggons. The receipts of Rut-
leys thr the parcels from Dover to trivia were *hewn to the witness;
but 31. r. Marryutt objected to them as evidence, inasmuch as they
were not on a stamp; which every.eontract concerning property of
201. v.ilue ought to be.
- -

The C 01431011 ILTVANT submitted, that this contract referred
to the amount of the carriage; and not to the amount of the pro.
petty conveyed, and directed the attention of his Lordship to the
cane of Chadwick and Jill, which proved his point.

The Court ruled, that the receipts might be read, they were in
number 23; the one read in Court ran as follows Received of
!lents, Latham and Co. a paper parcel, directed to Messrs. Hoare,
Barnet, and Co., 52, Loutbard-street, London, value 2301. which
we engage to deliver to them to-morrow, lire and robbery excepted."

Mr. Edward Simmons aworm—l was Clerk to Messrs. Ilam-
mond and Co., bankers at Canterbury, in May, 1820. On the Bth
of that month we sent a parcel to our towmagents, Messrs. Steven-
son and Co., containing notes of Messrs. Latham and Co. of Dover,
of 10L and 81.—flare a list of the numbers, dates, and sums of
the notes was read by the witness.
_

A Clerk of Stevenson's was called to prove the receipt of the
notes ' • and another Clerk proved having received Bank of England
notes for thent at Bowe's.
The plaintiffs' Counsel were going on to Sher the payment of
the stolen notes by their clients, when • compromise was pro_
posed, and the Jury directed by his Lordship to find a verdict for
the plaintiff's, damages 7011 E

SZDALL ANT) OTHERS N. DALE% AND OTHERS.
This was an issue directed by the Vice-Chancellor to try whether
• person, named Euroley, was a partner in the house of Baker anti
Dyer at the time of their bankruptcy, in Bin. Baker and Dyer
wire carrying on business, as imponers of Sicilian wines, in part-
nership with a Mr. Smith. Baker was also concerned with Furnley,
as a retail wtne-rnerchant, in Cooper's-row, Tower-hill. The whole-
sale business was carried on in Lithe-street and at Syracuse, where
Dyer lived. Mr. Smith wishing to retire from the businrso, it was
agreed to pay him 12,000 L on his going out, and his security was
15U pipes of Sicilian wines and Fundey's acceptances to the amount
of 4,01101.
Mr. Jsaias Baker, the bankrupt, was examined by the SoLt-
crroa GENERAL for the plaintiffs, and deposed that in 18:10 he
was concerned in the business of importing Sicilian wines to Eng-
land, and his partners were Edmund Immth and John Dyer. In
Int with.s went into the retail trade with Enmity ; and in 1822.
Assidilaired.
A.Aplarroaa here put in and read, front Dyer to Baker, dated
Syslowa, Eat July, 1821, in which he stated that he had no ob-
jection to admit Furnley in Smith's place, provided he and Baker
would agree to lire at Syracuse seven years each, to enable him
to titian to England, or allow him a commission for remaining in
Sicily.
The witness. in his cross-examination by Mr. Slcaat.tv-r, ad-
*tided that when he proposed to take Fuenley as a partner. he
owed his brother, Nicholas Raker, one of the defendants, 24,0001;
that his general debts were 6,000, and Smith's debt of 15.,41091.
was unliouidated. lfe had only mentioned to one clerk that Fora-
Icy was • partner.
Re-examined—Witness had no idea of the house stopping when
Fuenley was admitted.
Mr. Charles Furnley stated, that he was formerly a partner with
Baker in the retail wine trade ; and after Stnith retired, he entered
into an agreement with Baker to come into the genital concern.
Ile accepted bills to the amount of I,IIOOL
Crwts-exantined.—He did not believe the concern insolvent at the
time he joined it. He did not know of Nicholas Baker's debt, or
that Seti.h came IN. with 50,0001. and left it with 12,0001 Wit-
ness might be insolvent when he joined the concern. Ile might
have spent MIL a-year, when his income was only 4001. ; but did
not think he had spent 1,0001. a-year.
111 r. SCAR LF.T ?, for the defence, said, that if pwrerships were
allowed to be so got up, they would be made mal. extensively to
serve the purpose of fraud. litre was a man owing 6,0001. to his
general creditors, 24,0011. to his brother, and 12,0001. to Smith,
and in order to get rid of these old debts forms a new connexion,
and sinks the old firm for the purpose of making new debts ; and
this partnership was kept so secret, that if it had suited the purpose
of the parties better, they could have declared that no implied eon-
t-set even existed between them ; foe from Syracuse to London
only one person had ever been informed of it; but he would sub-
mit, independent of all the other discrepancies of the case; that
this partnership could not be confirthed because it wanted Dyer's
assent: for he only gives a conditional concurrence, and the letter
I conveying that conditional concurrence had newts been answered ;
or if it had, it had not been produced in evidence.
Ilis Lanolirr interrupted the Counsel by olwerving, that
he was surprised at Mr. Searlett nut having earlier taken that ob.
jection.
The f'oußT then directed the Jury to find • verdict for the de-
fendants, which vas recorded.

Labouring persons should know, that if they Inakc en-
gagements with their masters, for their srn•lics, either as
to a fixed time, or fur a stipulated sum, and they after-
wards fail to fulfil such engem( ments, they are, by a clause
of the Act Geo. IV. chap. 34., sect. 3, liable to imprison-
ment, not exceeding three mouths.