The British Press; or, Morning Literary Advertiser.
London, England, 1804-11-13 00:00:00

np:A.

►:,

iSL.,

>r,~.!

rim
fict

Pe'
ISIT
iab.
Mr.
i 4

7?"'4ffl

l.! Tr .VTELLICENU.

COUR ZACIIEQUER, Nov. 12,
This clay 01 • :fight Hon. WILLIAM PITT took
;he usual as Chancellor of the Exchequer, be-
fore the Dawns of this Court. After which, the
Court was occupied the greater part of the day in
the nomination of Sheriffs for the several Counties
of England and Wales. On this occasion, the
Loan "lion CHANCELLOR, LORD CHIEF JUSTICE,
end the rest of the Justices of the Court of
g.ng's Bench, the CHIC? Arcs-ice, and the
,e-t of the Judges of the Court of Common
pleas; the CII A NCLI. LOM of the Exciacit: Le, the
Duke of Mo.rrosr, Lords lLswKrsecnv and
Wststiectiam, the Once Jusa lc:L. of CIIESTES,
Sir JultPli BASKS, 3cc. &c. attended. •The lists of
the several counties were then read by the registers,
each of which lists contained the names of three
gentlemen qualified to serve as High Sheriffs ; and
Judges 'rock out some, and inserted other
I;Arnes, according to the usual custom of amending
etc list.

COOBT OF TING's BENCH, Wavrativ.,rga, Nov. 12.
MIDDLESEX ELECTION.
Thmias Price. alias Jo/us Wri 41, Was brought be-
fore the Court, under the custody of the Marshal of
;be King's Bench, charged with wilful and corrupt
pirjury. The indictment was read, stating, among
other Counts, that the Prisoner, on taking the Free-
- holder's patio at the late Eledion, described him-
self as having a freehold, and residing at No. 2,
Bell-court, Gray's-Intoltne ; when, upon enquiry,
no such person was to be found there. To whiciii
iadioment he pleaded Not Gudte, and was remand-
ed to take his trial the Sittings atter Term, not hav-
ing produced any bail.
INSOLVENTS
Mr. M•rt &too applied to the Court for a writ of
wandempips, to be direded to Mr. Jones, the Mar-
shal of the King's Bench Prison, requiring him to
insert the names of John Evans, and five other per-
sons, in his list of insolvents, proposing to take the
bentfit of the late Insolvent Ad. Those persons, on
whose behalf he applied, were not in the afloat eus•
tody of the Marshal on the Ist of January last, for
which reason he trellised to insert them in his return
But the fad was, that they were in actual enstody in
other gaols previous to that time, an ::.ad been re-
trieved by 1 fcbros Corpus into the King's Bench.
subsequent to the 1 et cf .January. In the case of
one of these gentlemen, Mr. Evans, he had been re-
moved from the King's Bench to the Fleet, and back
azain, three or four times: The Learned Counsel
then adduced several arguments to s.-ew that the
kgislatttre certainly meant to provide a remedy for
persons ender these &teamster-co, and the Court
wonraingly granted a Rule to shew cause.
THE at, O r. THE TIEStEES OF D•GGLIL-LANE
CHAPEL.
Mr. PA nes chewed cause against a Rule obtained
by Mr. Fancier, fora nerarlaraus, to he direfted to
the trustees of laagger.lane Chapel, situate at K Oleo
ston-upon-Hull, requiring them to restore the Re.:
George Nic'aoldson to the office of Minister of that
Congregation. After adverting to the late, upcn
rotating o aramertioto to admit, and one to restore to
Viol.- Liosifared Counsel stated, that, by Mr.
Nieholison's affidavit, it appeared that the congre-
gation of this chapel consisted of a sect cf Disseeters,
uiliag themselves the New dernralern ; •that he had
been long assistant to the late Rev. Robert Green.
who was 'Minister of that congregation, for many
years, and•at his death, he received an invitation
from the trustees, to go down to Kingston, to oth-
cixe in the ro, to of Mr. Green; further stating,
that the trossrees had the power of nominating a per-
son to that situation; but the elefti,in remained with
the congregation at large. Upon this, Mr. Nichold-
WM went doom, officiated for some time., and WAS at
last appointed for rote year ; at the expiration of the
year, he ir.sieted he had been eleded for life, and
applied to that Court fora ItIaNhIMILI to piece him
in that situation.
On the part of the Trustees, Mr. PA Ftct stet- d
the it was sworn, on the death of Mr. Green, Mr
Nicooldsoo applied to the congregation as a candi-
date to succeed him: upon which it WAS resolved he
shouli come dawn and aft for a time, till he or some
other person should be appointed, the Trustees
Isavirre ot.iy a power to recommend, and the Con-
gregation at large of appoiating ; it was then pro.
posed that he should hold the office of their pastor
for one year only, at a salary of 301. and also the
profits of letting the pews: but if he continued
after that time, the salary was to be reduced 201.
es year, which was to go for toe purpose of delr
t- e rep tars of the chapel. On `u :day the kh
4.: Mr. N'choldson advertised in the papers
tip,- prialic service would be performed on that d I
lo got into the pulpit. and then gave notice that the
eye tan for a Pastor would take plater immediately
after divine service was performed. It was also
snorts, a parcel of Labouring men, who never were
pew-renters, or belonging to the Coteregatioe, had
got loget:aer and elefted him. Upon the Trustees
snterfering, he, aided by these persons, shut the doors
of the chapel against them, and they were at last
ciOiiged to break them open. He hal sworn that he
coreosed be had been cleated for li:es and stated his
t levant at being removed Irons his professional
co:Aguirre:lts in town. which produced him dto. per
*mourns what those professional engagements we,e
Lid not state ; but it was sworn that his profes-
sion was teachir.g fITASiC to persons of no very re-
spectable situation in life, and that his wife kept a
chaosiler'e-shop in the Borough.
It was positively sworn that he was only engaged
for one year but, before the expiration of that
term, his ineligibility was discovered. The Congre-
gation consisted of the ancient Protestant Dissenters
commonly caned Presbyterians, who had occupied
this chapet since the year 1698. They soon tound
him acs improper person to ad as their mioister ; he_
broached dodeines not Irked by them t he belonged
to a set of dreamers and wild creatures, who called
themselves tlttqC.3Ers of the New Joon dens. 'fire
Presbyterian were a more regular set of people. and
were rr r e immearitely et-inn:rated with the Chords
of En3lod. The Learced Counsel concluded with
some remarks upon tile danger of suffering illiteraos
and igncomt persons to totioaate es MiLiaters of the
Gospel
Mr. EIt37:INT, in support of the Rale, expatiated
upoo the road toleration of religion, which was the

glory of this country. This chapel had been en-
dowed by his GI see the Archbishop of York, and
was, theiclore, within the jurisdietion of that Court.
Mr. N icholdson had sworn, though in rather a rough
manner of expression, that he had no other calving
than the work of the Ministry ; he had been invited
down by these trustees, who gave him reason to be-
lieve that the congregation would not differ with
them as to the nomination ; he had relinquished
his profession in town, and removed his family at a
very great expence to Kingston. At the elation
it was positively sworn that five out of the six trus-
tees voted for him. It was the invariable custom of
the Protestant Dissenters to elei their Pastors for
life, and it wrs certain that Mr. Green did not en-
joy his office from year to year, hut during his na-
tural life. Under all these circumstances, he hum-
bly contended, that the rttatitiamto should be grant-
ed, and an issue tried, whether he had been duly
elated or not, and for what term.
Lord ELLEN aortoosu.—" This is a motion for a
mandamus, to restore a person to an office, upon a
supposition, that he had been duly elated thereto.
Upon what grounds dues he shew this was a good
elation ? The invitation of the trustees was not an
elation ; for, they had only the power of nomina-
tion : the only proof is, that on the 24th of April, a
notice was given by the Minister, from the pulpit,
for an eletion after Divine Service. This was not a
good notice to the congregation, and was a fraud
committed upon their rights. I therefore think,
that this is not a valid eleiftion ; nor has he laid be-
fore the Court any proiable colour of elation. This
Rule must be discharged ; but, by its refusal, he is
mit barred from his remedy in an ktion at law, for
money had and received to his use."
Mr. Justice Glosr.—.4 Upon the face of these affi-
davits, there is not enough before me to shew, that
this was an office for lite ; if it had been so, there
would lave 'ueett precedents enough to shew it."—
Rule discharged.

NOZTII 0. COX AND OTHFRS.
Mr. dAZELZE moved, that the master might be
at liberty to strike out several counts in the declara-
tion on this cause. The Defendants were eminent
porter and beer brewers ; and this adion was
brought for insufficient measure. The declaration
contained no less than sctrv-fis,ht separate counts,
amounting to several hundred sheets, the costs of
which would be enormous to his clients. They were
charged with selling sixteen casks, insufficient mea-
sure; each cask, which should contain 105 gallons,
only containing 101 gallons. There were four se-
parate counts for each cask, and four general sweep-
ing counts for the whole.—Rule Ni.l granted.
At half past twelve o'clock, Lord ELLEN/10-
toLGH went into Nisi Prima. Eight causes were
tried, of which the two following only were worthy
o: natice

DOSS C. OASSISOST.

This was an adion for money had and received ;
but, in the sequel, proved to be a fradulent and
transadion.
It appeared that the Plaintiff, who was a publican,
had gone into the Crown public house, in Ch;svrell-
street, where he wai met bytheDefendam, and some
other persons, and agreed to join in a game called
spinning a guinea nyder a hat ; this was played by
tpearseag a gisisaaaoved puttsrrg a bat any it, whoa
one person was to cry " head or tails ;" and if he
cried right he won. The Plaintiff in a short time
lost 491 To the Defendant at this amusement. Upon

the evidence of 1 homas Chamberlain, it appeared
that he was aware of the charafter of the Defendant,
and his associates, and warned the Plaintiff no: to
play with them, as he saw they would take ad-
vantage of him. He examined the guinea with
which they played, and found it pared or filed away
oo one ride, in such a manner as to vary the sound
,when it fell flat.; by which means an expect baud
would he able to tell which side was uppermost tour
times out of five : he tried the experiment, and dis-
covered, that when the guinea fell on one side it
loti a dead sound, but when it fell on the other it
jingled ;by this means the Plaintiff lost his money.
In this ca7e there was no defence made; and Lord
Et.t.CMaoauucas observed, that through the medium
of fraud the Defendant had got possession of the
Plaintiff's money. The j=oy accordingly found a
verdia of 421. for the Plaintiff.

USURY.
LAMS c. SIM-AND

This was an anion upon a Bill of Exchange, the
Endorser against the Acceptor.
Mr. GARIOW stated, that as all the hand writ-
ings had been admitted, it was not necessary for
him to go on into any further proof.
Mr. Gums. on the part of the Defendant, stated,
that this bill was given for a usurious consideration,
and was, therefore, not recoverable. The bill had
been drawn for 501. at two months, by one John
Benton, payable to his own order, and accepted by
the Defendant, who received only a7l. from Benton
in lieu of the note ; this was at the rate of 3.4. per
cent. discount, which was an usurious interest.
Lion the evidence of John Benton It appeared,
that the Defendant being in want of cash, applied to
him to get a bill discounted for him; he said he
would, but that he, the Defendant must pay soine-
thing extraordinary for it ; upon which he agreed to
give the witness 31. The Bill in question was sec, rd-
ingly drawn at t months, and accepted by Defendant,
and the following day Witness gave him 41. fur it
Some days after he passed the Bill to the Plaintiff
lamb, who gave him .591. without charging him
any discount whatever. On his crospexamination,
he said, he certainly gave the money to the Defend-
ant, before be received any from Lamb.
Lord EL LIDIDOROUGH observed, that, by the Sta-
tute, any Bill of Exchange, or promissory note,
being usurious in the first tratiunion, becomes void,
in whatever hands it may come to. In the present
CAW, it fully appeared, that the Bill seas originally
sirawn for a usurious consideration ; and being usu-
rious in its first formation, it was void in the hands
of the indorsee, and therefore the Jury were bound
to find a Verdin for the Defendant.—Vadin for
Defendant.

C,AINON PLLAS.

r. PRO•Sit.

S.rtjesnt BAILV moved to make absolute the
clndifiorsal Ruh. obtained in this case on Tuesday
1 11, to discharge Samuel Plea:ty out of confinement,
which was opposed by Serje.int Sa PP and the
ca.e s►as ordered to stand over.

COURSING.
MALTON MEETING.

TUESDA Y.
First Day—The Prize Cup, as the first thing of the
Meeting, was run for over Dliggleby Wold, and
was won as under :
Mr. Weblis briodlod bitch
Mr. S.in:cs)'s black dog .
Major Topham's white bitch
Mr Pluoutes britullerl d..g 4
The two last dogs, from the number of horsemen
crossing the ground, had a bad start and the last
scarcely saw the Hare. The Hare mtle no run.
About ten Matches were run—but the Hares
running badly, did not afford much sport.
W FM?. ESD A Y.
Second Day—Sir M. Masterman Sykes's Fox-
hounds threw off at Housham Woods. No run.
On Langton Wold there was some private court-
ing. Lord Middleton produced some very lii:e
Greyhounds, and beat, with a very beautiful blue
bitch, Mr. Webb's (the winner of the cup), alter a
very severe course.

1

THURCD•Y.
Third Day—A Bye Cup was run for, and won
as under:
Mr Dartley's brindled do‘, Dart (gat by
SnowbA, u,rt of Dent) . . . 1
Mr Sl,ll4.br's dog . I
Mr. Tbe,r,u.,i't dug . S
Mr Henry Buyntun's dog . . . 4
Mr. Pe/coral's . 5
The day was so foggy, that there was no port.
The Meeting has been the largest that has been
remembered for soma years. The accommodations
at Smith's Inn, Mahon, in every respeft, were com-
pletely good. Sir M. M. Sykes, Bart. was the
President.

THE LATE SIR FERD. POOLE'S STUD.
S.lsl At the last Newmarket Meeting.

Gai4tal.

I ItOOD bill • It ES, ACC.
Kezia, by Satellite, covered by Waxy .NO
Jemirea, sister to Knta, cowered by Waxy . • 90
Mhcraant, by Dragon, covered by Waxy . . 12U
Woodeote, by Mentor, covered by Waxy . . 170
C,,are Mary, by Mentor, covered by Waxy . . 230
Macaria, by Hrrod, nut of Titania . . . . 40
Waxy was boug...t in at . . . 700
He was afterwards purchased by Mr. Wilson.
- -

COLTS AND FILLIES.
A Chesnut Gelding, 4 years old, by Waxy, out of Jemi-
ma--nerer started . . . 6:i
. .
A Ray Filly, 3 years old, by Waxy, darn by Fortenin,
oot of Worthy's darn—untried ..16
. .
A sa' Filly, 2 years old, by Waxy, out of Macaria—a
named for the Oaks, 1605 . 47
. . .
A Cheynut Colt, I year old, by Waxy, darn by &Line,
out of Angelina, by Prophet 150
. .
A Bay Colt, I year old, by Waxy, darn by Fortunio, out
of Worthy's dam . . 65
. .
A Ray Filly, one year old, by Gohanna, out of Keria . 40
A Chesnut Filly, one year old, by Waxy, out of Woorieute 7.5
A Bay Filly, one year old, by Waxy, out of Macartrodant
of Mealy, Pettey, kc. rte. . . . . . 27
A Bay Filly, IMO year old, by Waxy, out of /filth** . YO
Waxy, own brother to Worthy, was got by Forao'i ; dam,
Maria, by Herod; grandam, Lisette, by Snap, out of Mrs
Windsor, by Lord GrriolphiiiN Arabian.
THE. FOLLOWING WERE ALSO SOLD AT THE ALOYE

MEETING.
6.1111e611.
to Lord r..ley . 4.1
_ rw ti) d 6. R. Ciientfish . • . 410
)fac.nanus r.. Mu Kirby of York . 251
Trumpatur, to p abroad . 150
jockey (late Little Franlty), by Lop, dam by lLg ifyer,
out of the Yellow Mare, to the Holi Mr. Craven
Lord S. S boy eqh (named in the Derby,
18135., by Sir Petr, out of Muleapioner, to His R. H.
the P. of W 4

The 5i,1 is the only regiment remaining at Shotn
(14. It will go into barracks the Pith of this
month.

Orders are said to have been issued for the coin-
ageuf a million sterling of silver currency, namely,
crowns, half-crowns, shillings, and sixpences. The
dies are now in a state of preparation, and will be
ready for th. inspedion of the Mint-master en the
Ist of kebtuary, when the Bank Tokens will be
called in.

The Nareigwor and 3faulfiene frigates, from Gibral-
tar, are gill strictly kept under quarantine, at Ports-
mouth. Lady Te toot, wife of Sir T. TILIGGE,
Commander in Chief at Gibraltar, with several
other passengers, are on board the frigates, and all
communication with the shore has been strietly pro-
hibited by the Port-Admiral. contrary to whose
orders letters have been most reprehensibly smug-
gled nn shore; to prevent a repetition of the evil,
the Mayor and Magistrates of this borough have, in
the most commendable manner, issued bills through
the town, and particularly amongst the pilots and
watermen, apprising them that the most vigilant
steps will be taken to deteß and apprehend every in-
dividual concerned in so gross a violation of the lisc,
and any so discovered, the crime will be pleura. ,hl.
with death. The sister of Lady Telco& is arrived
from London, and was yesterday permitted to go
otf within bail of the ship, Lady Taiost only being
allowed to answer her from the quarter-deck.—
Shculd the sickness which at present prevails on
board (which is very trifling). not disappear at the
expiration of forty days, the ships now lying in the
Bay, from Gibraltar and the Mediterranean, will be
ordered to weigh anchor, and return to sea ; a pre-
caution deemed necessary to prevent any drifts of
the contagious fever being introduced into this
country.
A melancholy :,cr'.l.•.nt happened at Perth Just
Cove, in the paris!: ; Jug. in Penwith, Corn-
wall. on Sunday, the i•th instant, by the upsetting
of a boat, that was coming from a smuggling lug-
ger, lying off the Cove, in which were eight men ;
when the boat came within twenty yards of the
shore, a heavy surf overtook and completely over.
turned her, and three only out of the eight were
saved. The unfortunate sufferers were chiefly
young men belonging to the lugger, and inhabit-
ants of Polperro. In the course cf the day, three
bodies were washed ashore, and on Monday as in-
quest was taken by Mr. Roues, the Coroner, on
their bodies. and verdiets of Accolade( Deeth were
of course returned. The names of the three MCR
who were picked up were. Taos AS Hices, an inn-
k.'eper, of Si. Just, about twenty-teem years of
age. who carried out with him bank and other hills,
to the amount of nearly 1001. and when he was
taken up, abnat 901. were found and preserved ;
Ricartato Toss, a young man of nineteen, belong •
ing to Polperro ; and also Rtcsaaa RICHARLii, of
the same place.