The British Press; or, Morning Literary Advertiser.
London, England, 1806-02-15 00:00:00

LAW INTELLIGENCE.

COURT OF !CMG's Kr:nil, Glitunsee, rs. 14.
Sitting: at Iliii Pries Lef.re ii a Lord slesti:v
ELLEN Ho It 01,0 11.
THE FAN-MAKERS. COMPANY o HOLLES.
This was an Anioa brought by the Master and
Wardens of this Corporation, to recover certain
penalties against the Defendant, one of the mem-
bers of that Company.
Mr. P %AKE, in siati:.g the case on the part of
the Plaintiffs, observed, thi.t this Company was
imaitlittd by chatter in the reign of Queen Anne,
since which time it h is continued to he a most re-
spectable body ; by this charter they were ea/-
Ali-el to make by-laws for the more wholesome
and better regulation of their society. By a
-übsequent Ad of the Legislature, they were
.ibliged to submit these laws to the consideration of
the Lord High Chancellor, the Lord Chief Justice
et the Court of King's Bench, and the Chief Justice
of the Common Pleas, for their approbation, in
order that nothing arbitrary or improper should be
introduced into them In the year 1771, the hy-
Sws, on which the present case depended, were
submitted to, and approved of, by Lord Chancellor
ilardwicke, and the Chief Justices Lee ai.d Wills,
three of the greatest and most learned men of the
day. By these laws it was encored, that each mem-
ber of the. company should pay the sum of one
shilling, quarterly, for the purpose of defraying
certain expences of the company. Also. a fine of
ten shillings for non-attendance on the quarter-day,
which was held soon after the qu trterly feast days
of the year. And, as it was highly necessary, in
all such societies, to preserve order and propriety of
condtsd, from the members to their officers, as well
as to each other, another b•-law provided, that
any member misconduding himself, or ailing with
any violence or insolence towards any of the body,
should pay a fine of ten shillings. The learned
Council then stated, that the falls of this case %sere,
that the Defendant, having negleaed to pay his
quarterledges, and having incurred several penalties
for non-attendance, not only refused to pay them,
but abused and insulted the company in a most
era's manner, and even beat and knocked down one
of the wardens. Having expatiated upon the impro-
priety of such comfit& in any well regulated so-
ciety, and the forbearance of the company, not to
prosecute criminally, he concluded, by saying, that
the several penalties than incurred, amounted to
between three and four pounds, for which sum the
aaion was brought.
Mr. Nicholls, Clerk of the Company, then pro-
duced the original charter, and the by-lases, which
wet e severally read ; he then proved, from the books,
the non-attendance of the Defendant, and said, that
at the meeting of the Company, on their Michael-
mas Quaver-day, the Defendart attended, and re-
fused to pay his quarterledges' and fees. He
made use of much abusive language, but the wit-
ness could not recoiled the particular expressions;
he was requested to go away, but peresnptorily re-
fused, and remained there, makinea noise, and dis-
turbing their proceedings.
On his cross-examination by Mr. ("ARROW, he
could not say whether the Defendant had said he
could not pay. or he would not pay, being a little
deaf, he could not swear positively to the exalt ex-
pression. He adinitted thiee writs had been sued
out against the Defendant, for this demand ; but
could not say whether he was able to pay it or no.
This was the evidence for the Plaintiffs. _ _

Mr. GARROM, in his opening the defence of his
client, observed, that he was a poor, but honest and
indu,tricus man, working at his trade for the sup-
port of himself and family, and the truth was, he
was wholly enable to pay. The Company had
obliged him to join their body, and it was not to be
expelled that a man was to negled hi. bu,iness to
attend their meetings, whenever they thought
proper to hold them ; besides, it was necessary that
he should have notice, in order to make him liable to
the payment of these fine.; but no evidence whatever,
as to notice, had been adduced. In the language of
the record he was also accused of conducing himself
in a riotous, scandalous, and outrageous manner.
although there was not the slightest testimony
upon that subjea. There being no fixed day for
holding their Court, was a ►till stronger argument in
favour of the Defendant, that his attendance was not
required, unless duly summoned ; and he was con-
vinced the Jury would take care to have sufficient
evidence en thuse points, before they would find a
Verdicl for the Plaintiffs.

Upon a further inspeftion of the record, it was
found alleged in the declaration, " that the De-
fendant had due notice."
Lord EttarsaollOUOM therefore, in charging the
Jury, observed, that as this allegation was unsup-
ported by any evidence, they must leave it wholly
out of their consideration ; the only remaining
question then was, with tespe& to his misconchat,
in abusing the Officers of the Company ; of the
nature of the ahme, there was no dire& evidence ; .
bnt from his refusing to retire, when vequeued, it..
might be inferred, that he had misconduCted himself. '
The Jury, after a short consultation, found a Ver-
di& for the Defendant.
014714505 t e. HANSON.
This *Ethan was brought by a Swedish sailor,
against his Captain, to recover the amount of his
wages.
Mr. Gat:tow, in stating the Plaintiff's case, ob-
served, that if any one man was entitled to the at.
tention of a Jury wore than another, it was a dis-
tressed seaman. His client had been unfortunately
sh•pwrecked, and made the best of his way to Lis.
1 bon ; ar.d, anxious to return to his own country, he
was n aurally on the look-out for a Danish or So ed-
ish s:op, when he fell in with the Defendant, who
wa; AISU a Swede, and Captain of a vessel, then
~!scut to sail, with whom he went on beard, in the
hole of regaining his native land ; instead of which,
he went from Lisbon to Dieppe. from thence to
shields, from that to Unladen, back to Dieppe, and
at last, again returned to England. He, alter all
this, demanded his wages, which the Defendant had
cow:idled at Lisbon, to pay, at die rate of tour sir-
&liars per week ; but although he received repeated
promises et payment', he never could obtain them.
These tats -.ere proved by two of ris messmates
and countrymen, upsn whose cross-ezamination, it
appeared, that 411 the parties were from Gottenbulh,
and the ship nail Swedish property.
Mr. Padute,for the DetendAat, said, that as all the