The British Press; or, Morning Literary Advertiser.
London, England, 1822-11-25 00:00:00

ILAILWING FIRli.

On Saturday night, at 12 o'clock, • most a'arming fire
broke ont in the premise, of Mr. Dyte, a pea and quill ma
nnfarturer, is High Holborn, and, extending itself right sod
left. destroyed three houses adjoining, use 4:Kennard by a
featherbed manufacturer, and then to Mr. Taylor's valuable
architertnral library, sad afterwards consumed • fruiterer's.
It burnt with great rapidity during the night, and doubts weir
entertained fur Mr. Davis's oil warehouse,_ in which else it
world have been impossible to h d the progress of
the d isa element. until much more aerie's Miery had
bees sustained. The berme*, houreser, were most prompt M
their exertions, and succeeded is mopping the Mame, shunt
four o'clock yesterday morning. engines enistlnueJ
there during the whole of yrste y, alternately playing
upon the smoking ruins. We are happy to any no hues
were lost. It is in be remarked, that Mr. Norris's carpet
manufactory, not four houses farther off, was consumed by
ire, with three more, about neves years sines.
It is the intention of seer& landlords or consi-
derable properties in Herefordshire, to hold a meet-
ing at the hotel in Hereford (at which they earnestly
invite the attendance of other landlord.) upon Sa-
turday, the 30th Instant, to take into consideration
the expediency of sending a Retprieision to the
High Sheriff, to calla county meeting, for the pur-
pose of representing to both Houses of Parliament
the unparalleled and doily increasing &acre., of the
agriculture! interest, and of imploring that relief
which it is in their power to afford them.—/f/ere-
ford Journal.)
The third gaol delivery which has been resolved
Owl in the Home Circuit is expected to take
pence before Mr. Justice BATILRY and Mr. 841011
GRAHAM, at Hertford, mi the Stb, and at Chelan.
ford our the 10th December.
At Chester, on Wednesday, en inquest was held
in the Exchange, on the botlf of FRANCES Vat-
NUN, one of the daughters of -- Vestmore,
of Eaton rood, in that city, The young lady was
mis.ing on the 16th of OctGber last, and although
a rewind of 201. was offered to any one who could
discover her, her fate remained a matter of doubt
till Wednesday morning, when her body was found
in the river, near Chester. The amiable young lady,
whose loss her @filleted father and family have now
to deplore, was, it appears, subject to epileptic at.
tack., and the probability is, that iii walking neat
the edge of the river she had been seized with a fit,
and fell into the stream.
An Inquest was held at Fletching a few cloys
since, on the body of a poor woman named Sutra,
who became deranged by the terror excited in con-
sequence of her suit having taken the small-pox—
in which state of derangement she had thrown her-
self into a well.

An inquest was taken on Monday last, at the
parish ul Quattord, before Flutters PIIMPOINT,
Gentleman, Coroner for the town and liberties of
Bridgnorth, on vjew of the body of WILLIAM
LLOYD, aged five years, who Wee beret to death
by ho clothes tititof r. It appeared on evidence
that the decerst eft by his parents (labouring
people), together with two infant children, locked
iu the house ; and that on the return of the father,

the poor child was found in the most calamitous
situation, his flesh being literally licorched, yet
surviving in excrucisting agony, for nearly an ho
when death happily terminated its sufferings The
Jury, under the direction of the Coroner, found
their verdict, Accidental Prone his clothes Wittig
fire, whereby lie was so dreadfully burnt as to occw
stoat death."
A most malicious sod cruel act was committed en
the 4th instant, on the property of Mr. EDMUND
MILLER. of Sheraton, Wilts, a Speritf's officer,
occasioned, it is believed, by his *Ong called upon
by the Magistrates to assist in apprthendiog soma
notorious poachers. His stable sena broken open,
said his horse taken therefrom into a Fallen cover,
about a mile from the place, where the wretches
killed it by cutting its throat and altibbillg it in;
different parts of the body ; both Ur eyes were
forced nut of the sockets. At the seise time was
stolen from his shop, a lead engine, having on the
top the maker's name, " Austin, Bristol." A most
singular circumstance happened to a person who
was riding to see the horse after it wry found; his
horse fell spud broke his neck, within a- hie yards of
the animal that was killed.

YAK INftiLlbEfiCal

VICE CHANCIILLORII COUR+.
SATURDAY, aovsstaxa 4!.
ZI-AlatE ouismaab, IN THE HATTER of
HOWARD AND •
Mr. HORNE moved that un action which had
been directed by hi. Honour, to try wbeilirr a this:
of 32,0.18/., which vas claimed by Mr. Grim teed
to be due to him from the bankrupt's, was founded
in usury, might be tried in the form of an issue,
instead of an action; and the ground of the •ppli•
cation was, that in the sctiosi Gibbs, the bawk• up,,
*Mild be the IlJefendant ; sod, as he was &recta-
to be examined, his evidence in support of Mr,
Grinistead's dedaind would completely establish ii,
to the prejudiced the re-t of the creditors who
Opposed helieiriti it to have ariseni out of tr....-
actions in which Gibbs and Grithatersd were equally
ithphcated.
Mr. TREILOTE supported the motion.
Mr. HART, Mr. BELL, and Mr. Morcesoutt op-
posed it.
'fire VicesCß•ottELLoft staled, that the very
extraordinory orcunisiances of this case had ert-
tautly made on irupression on his mind. %%hit h
lifts just as fresh as when be forrnetly hiurd
the petition : he had the subject as fully he-
fore him now as hr had the.. This ass a case
in which Mr. Grim-stead prayed that. be might
be at liberty to prove • certain large debt, whieis
lie had unsuccessfully claimed before the Cnnttntsa
sioners: the amount of the debt was 32,0Q8/. The
debt was opposed by the creditors, on the grotto I.
that it had been formed in usury. The Court had
thought it its duty not only to hear elaborate argu-
ments on the subject, ltu to examine all the ac-
counts.. On the result of the arguments, and the
examination of the accounts, the Court formed ars
opinion unfavourable to Mr. Grun•tead'a claim ;
but the opinion of the Court wus never, unless the
case was tO.) clear to admit of doubt, coosidertd us
decisive. It always, wi‘e to the party an oppor-
tunity of trying that which was matter of fact and
law; and it was, therefore, lie conceived it, his
duty to aflord him an opportunity o: goirg to a
Court of Law. lie had givett this &notion, with-
out regard to the former proceedings, oidermg, to
the ordinary course, that Mr. Grimstead shs u'd
bring bis action agaii s the banktutits, slid that the
commission of batiltriryitcy should not be set up to
defeat it. This would hate given Mr. Grimstead
un opportunity of trying whether guy debt existed
which he could itelairo. This mode had beets
adopted as a mere matter of course. It now torn d
out, that that which was the usual form of ptocern-
ing was not applicable to the care, and that the
usual form would not decide that question which it
was the object of the Court to send to a Jury ; for
the action being brought against the butakrupto, as
if there had been no bankruptcy, the admission of 4
thit the debt was a just one, would hay.
the effect of establtshin‘ it as against the creditor'
Now the question was, whether Gibbs bud tiot beet
f ibric t tog a debt with Grinstead, in order to de-
fraud the ereditove gad, as under an action irs )1
the usual form, Us, labi would be called upon to
give evidence, the force of his tlatimony must have ; I
• great wt ight with the Jury its favour of the
tiff. The eeclaration at Gibbs in or out of Coast
would have been decisive evidence heir the Plaintiff
—the charge being. that tie Plailitiff as, a et)I•
federate with Giblet, a mode of trial which writ: d
give such an effects to Cithb.'s rvideoce would
be subversive of jusvce. This objection did
wet occur to any owe et the pinto ; but

Y

.iii

• i it was owed to hie, two days br-
ibe trial was to have taken plate, it forced ors
hi. mind, sod lie could not avoid seeing, that if the
drial had proceeded in the form directed, it would
be • mere mockery—of necessity therefore he could
. not permit the trial t 3 proceed in that form. The
question was, in what form it ought to he tried with
• view to the attainment of bobenoti4l justice.—
There was souther .form which would avoid' every
iticonvenieuce. lie should order an issue to
try whether the bankrupts were indebted to Grim,
stead ; in such case the bankrupts would not be
parted, and their evidence ould not be evidence
decisive for the Pfindiflegkey might be called us
witnesses; foe not being parties to the record, they,,.
would be coeplietent. It had been suggested, that the,
they,
Court ought itfdtrect that Gibbs should be examined.
Why should this Court direct that which the Corr' of
law would direct if required ? Gibbs would be a
competent winless, and the Pleintiff might call hon
if he pleased. It would be altogether new for him
to give such a direction; and byte) novel a proceeding
he should throw ie prejudice around the esintha
of the Jury. Whatever obvervatinns were made by
the Court, if they did not conclude the question,
they ought not to prejudice it. The observations
he had forinedy made were meant to sheet the rea-
sons for the question to be Moved; they were fresh ,
in his recollection, and be was satisfied they were
founded in fret. To an issue this must go, bet he
would give no directions as to *e examinatiou of
Gibbs. The nett question INAII, what ought to br
the form of the I,itie I An issue to try whether a
particular debt was founded in usury was not the
common form. The object of the preseot petition
was, that if the is.ue should be in that form, those
who opposed the proof of this lure debt should be
the Pluton& They wile desirous i f hasii:g
thit adroie; for, as Plaintiffs, theyiwould hoie
the opportunity of (miming the case and replyiug.
This mode of trial would not conclude the clues.
non; for if the Joey found that pert of the (1.-14
was usurious, the literm.luti of iticitunt would it I I
be open. It the party bed oreiitted them we- • .11
item of claim that was not effected by usury. ,I. 1
' would be less objection to the harm of th- ,•
The usual form would Ise, whether the 1a...100p!.
wile indebted in the particular sum, with liberty 1...
e Judge to endoise on the pasted whether the,
were itidebted in any other end what
mode would rstubliali the • 1111 l Loa of
y part was due, lie vials, therefore;
•the issue to be tried shield ne, whether
iton
Irupts'awre indebted an 33.Ui8i. to Gri,
libettteii, the Judge to owe, that thou)
not indebted in that aura, they were in ,
The remaining question regarded the cost.
1 by Mr. Grimatead. It was said thin
I who opposed the trial of the actiou laid
I forward their opposition till two dot
' iris!. They had induced Glititste.d ti
1 to alt the expense, and they had Oleo

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her the bunk-
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trial by their objection; fur this Crino.tcarl cert. tion of Lolled property, it was elated in the printed .
tended he was entitled to cumpeAsation. Um 1 advertisement of vale, Ow a peison of the name of
Honour midi that when *e objection was klo I ‘Vilillalle sax to have Itheity to bid once on the
him, he was desirous of bringing tt ep. l part of the venders. viol that it was not to be a
meet, so that the trial might not be delayed, salo'uolees his-bidding was exceeded. At the time
mil
he had suggested to the Counsel that the 'Tahiti's- of vale, lutl one and three were united and put
Lion being what was the mere of the debt, delay up together, seed after steveref bidding% for them,
might be avoided by trying it in the form of ao the Pianitiii said lie would postpone the sale for an
issue. If Mr. Grimstead had sought the ends el hour ; at tablet,' time the Defendant was thelast
justice, and did net wish to take aevaniage of th bidder at the sum of 4,0001. The sale was post-
form of tiial, he had had full time to cOnvert led for Ibout au hour so a half, and when it
form of the action, so that the trial might have taken 1 lesumid, the Plaintinnformed the persons
place; the briefs would hAve been the same and t, 'lilt*
....... a had ;waived his right to bid ;
the question 4he same, 'so that Gritrotead had it that it we
,r, , aislikond repeatedly said
perfectly in Ulcer -to prevent delay. Those ~
itel iu the h • I afro t. that he (Elefe-
who acted for hi did, not think proper to adopt the rut). was tI, ' der at '(,0001. ; and thdrunlevs
fiber
proposition of the Court. They ht it nen* ighOr tut. i a °MIA, the lot should be knot:tied
etrnggle for the form, perhaps i able baceet; we to hint 10 re Defendant did nut make an/
the substantial justice of they re ilea old 'obs-reat. to • ' person bidding after, the lot was
Mr. Grimstead be entitled t • a co-ropes. ktiocired re. by the Plaintiff, who then wished
tuition was due to him for an inert's -of expense, the 21110 e ant joy of his bargain, The Dgf lit
wields he might have avoided it he had relaxed the • them/111'101 • uld not like' the rowel e
advantage the form of kreatcrion • l• , and had Metall!' ha . r the vale, been called on
yto meet 04 estiori. Ilia E • r the . ment.of thpielut •on tiara cre
Jude! by r to eau diret. t petty soli , audited Id it eWe, in-
. Aida ' respecting resat Wipitibt, c gibe duty Oa the es e rot the Defend-
cepa tMO -declaration of the Brukru • Ure or S . This ans. the whole- the lice on the
mace theiobettleroptcy. 4, Ji , ft-which there was n contradiction; the
TY& LASCARS. Trion of Infinity eeparepidependitig en the law
Mr:Hoses stn hat in consequence of iihot of the ease. 4141 L .
*need on Friday, *ite went, with the qmicurseares ...Mr. l'euteroo altrwelfinatree against the rule.
of the East India Company, and made tat Motet nine hoevenisoction, •he silk was not brought to
"with the Captain of the Melpomene fur t Las- An°
Ir Ter denial. for the non-pettprmence of the
ears to be slipped on
.board. While this ens gooig nihilist's %street, as in thenirre of Fairbrother ,
on Mr. Bagster came in, and, using the intot abu-
mettdis which it was decided that an cue-
To
sive language, told the men they were going to be I 8 note of the sale could ndt sautes own
told as slaves, and advised them to resist, which thay a n ; that he could vain an agent wolf.
attempted }o do. , But the present was trite a differest cave, vs it was
Mr. Batt said he appeared for the EastUdia heotalt 0 recover tack. snot of money, shiver Ibe
Company, who were desirous the en shoal" be Plain the act Defendant had been corn-
plti lin 's situation of being out of the Pelle ay. Tls treute of 19th qe.p. 111.
cmAre. it might be seen fro eespapers chap. 5 . that the tales on sales by lkiettour
hire very Gelato hese persouss
lips . weer
il
somavery
tourergratstedobnytthheektocct ,k ei :igsl Ida 110
wit:
taheclhlgemoeiri, tohreostrwer.
ignorant, were the iuo of rialka, lc
closing of the bidding, at every siOe by too:-
times esidedispror .
Yrcit-CrOnen.t.oa—.l" Did they reuse ro go on tins." By the express words of the statute, the
good . dtity attached the moment the hammer was
.i.;,..,...,.
-•--
vt.lhitlfe—" Yes. Tgese tpilbWs are only a knocked down, and he could no_ be bound to in-
/ .-.
ter into a law-suit with the Exasepo defend him-
'', poets& of them. is a number, ainou'ut-
ing to 2or 3,1100, under I re of the Cconapeny." letrPorn the charge, when the ate was clearly
Vica-entireititol—'‘
Tt
t can Ido it ? against him .; and the Act which bound the sue.
Mr. Bagster is exposing htle fto a verindiffnent tioneer to iny, clearly implied that the person bid-
jurisdiction from tint of this Court, There .must cling should save him harmless. It may be said a
be recourse had to `riminal Court." locus peniseatia is allowed, but the Defendant had
Mr. Holt* sal sat stadia Company were not availed himself of it. He had bid several time* •
qatborised by their A take care pone* of this before the sate 'was postponed, and the 'Plaintiff
-ascription were sent o board; hito heitioubted suld,severel lots before he resumed the sale of that
whether the Act • them to oppose force to knotted down lathe Defendant; and before he re-
force. sumed it, he distinctly apprised tilt Defendant Usti
I i
Vies-Ceoncsei 4 I cannot make any he was the highest bidder, sad if there were no
higher the lot would be knocked down to him. The
i
order on Mr. Bognor soltelrain him from lutes-
.
feving." Of - Defendaut was Cleat. It was decided that a bid-
. .4. •
r.ent. . HOlll4l said at walla coelimuniente tint to any
4
!t •
der at an auction might retract time before the
hhammer was knocked down, but it was equally clear
i that lie could not retract after; it was then too late
'4IIIOURT OF EXCHEQOI‘, sea 23. for penitence.
Mr. Serjeant PEAMB followed on the acne side.
Soon' after ten o' 14. Sir illaiitow tack The COMB? irked, what was the reason that the
Isis seat on the to bear motion% of course .Plaintiff, after coanneucing the sale of the lot in
and justify bail. question. passed ever to other/ ? '
Mr.Gitoarie moved to justify bail on affidavit-in y Mr. Srrjeant Peens replied. It was stated there
a cause where the Dtfendsot lived and was curette he said at the time, we will nolbratel on to the sole
'in Shropshire. ' of other lots, to give the coany time to con.
Sir WILLI" Owuts 110004 one of the hail. eider.; and thatuo objection was made to it by any
'on an effidavit made by thesraidtbi Sir William person.
maid, the person he opposed, by-a unwire sort of -• Mr. Jetvls replied in support of the rule. Ile
. good fortune, suited in his Den penal r‘l the prin-N,said, it was published as a condition of the sale,
cipal objection that could be made to bail ;s.l r that the property was not to be considered told till
was not a hoesealloper—he was a Sheriff'. officer—. tie sum bid by Williams should be exceeded.—
be was iusolvent—he was note be believed on his IVilliams did nut bid at all fur the lot in (illtlillUll;
la oath. ~.
'but it was silted MI the tesumptiou of the sale that
Mr. Baron GAILROW said the last allegation of the .his bidding was waived. This declaration was not
Plaintiff's ought not to have been made: when a made ut the time the Defendant bid, and none of
•person offers himself fin bail, he has a right to expect the biddings made before could be considered bind.
that,. reasonable objections shall be made to him, ing on the parties, even if the property was knock-
and should be prepared to sower them; hot hews. ed down otesuch bidding. The Defendant's name
not to expect that hie moral 'character was to be wits nut put down as the putchiver, and to snake
attacked, nor was he to be supposed to come pre- him in Huy way liable, that not being dune. would
pared to defend it. His Lordship added, that it be in effect to repeal the Statute of Frauds.
was uot to be allowed, that attorney's clerks, iu pre- Mr. SCARLET?, BB tile same side, said it was ad.
raring effilnriteseh°llo,4o: their fancy, In what milted on the other side that the sole was not cam-
s! Inhavere to finrshine •he should (14,601- pleted : that, he conceived, pot an end t*ilie case,
penitent slender. In the present too, 'p.as no duty was then chargeable; and the Plaintiff
ed to be wholly unneenisny, o3' nee of had paid the duty in his own wrong, and would no
, three first shots-fired at thabail him, be was doubt get it back by a proper.teplication to the
• dead moo for the present pane. These observe- Excise. The 19th Geo.lit•by Welt the auction
tionerhe Impede/it modp good nal tiredly at present; dune* are goo ted au il‘'The'lloty shall be a
buf if flibrocti4ll of sking the Court the vehicle charge en the a'uct'ionetyso, on the Ilhocking down .r
of ulna eras continued, he would ceriainlv pro- the liammer.nar other closing the bidding, at
• robe, that suchettffidavits should riot he received, laid any sale by anctigsa It woe r the Act wart
that the parties making them should pay costa, mean en slifectuariale by au n, which did not
Mr. Gctiaes proved time to answer the affidavit. take place In the present case. He admitted the
Sir %%ilium" 041/EN said, it was the practice of i od of
ustionetr signing a nvemors um the sale, on
the Court, when facts were positively swoin to, thesort of the Defendant, aftio the hammer was
which went the fall fength of disqualifying the kupeked down, and before the Defendant had re-
'had, to order that other bail should belproducod• teamed, would be Wading on the Defendant ; hut
Mr. Gsciaos iad, it was the praetire of . after the Defendant had retracted, the auctioneer
Court of Kiag'o.Wench to allow the effidavit 10,, be 'had no power to isoufiren the contract. There was
answered. theu no contract ; and if no contract, no sale ; and
Mr. Baron atiotow said, that he ts-
s
buld in the • no sale. no *object matter of the duty. -
prevent ease, probably, conform to usual piac-
Mr. CAMPBELL 13ii0Oed on the same side.
lice of the Court, sod make embitter to find new o .._
I grc Cousr 81'4111e case was both important
bail, were it not for the impertinente of the Plaintiff's mud new, ion they would nut decide it without
affidavit ; but throwing tale the Defenda9t's tanking i . Acts of Parliament on the subject.
scale, made it prepirode nd he - would give thet rued.
time to answer the affidavit.
At eleven o'clock the Court proceeded to hear --F ,
motions for new trials. Miring dig bast week some vile miscreant had
4%4 JONES Rs NALLY* • . the cruelty to voison a remarkably fine dog, of the
(terrine breed, mood a brace of valuable pointers, the
* This cause was tried • ore rr. Justice EA/1
LEY, at Sheweb property of Mr. JOIIN PCITHELL. of Mattialiall
The Plaintiff n ii tioneter, who brought. .Bergh, Norfolk. &Ivo', other pesos at Tud.
his action against Defendant, who is a clergy- ' ehh"" and the neidtbaurbood hate lately bed
man, 'to recover the sum of 116/. auction dozy, their yard dogs and pcUteis destroyed in the*
paid ley the Plaintiff, oo the sale „co, estate ,i,i,.1, way ; 'and it is st ouspected that the
lie had knocked down to the Defeidant, who, 'on detlV!'e a gentof ators to whom thc.e faith-
being delayed thelpurchner, refused to complete rut Milmale ta_Wa grew aonoy ante in the execution
the purchase. • of their nefarious designf.
On the trial of the cause. the Jury found aver- On Wed ay last a d efte dot drateketta, was
ff
4ct for the Plaintiff, under the direction of the fought in Meadow, betweeliderses Bossum.
Learned Judge, on the understaudiagaihat 1111 De. a bargeman,s6 , t.'Fhonius's parisch,lb Oxford, and
fendent's Cuuusel should move te Wye a Forisuit Isaac Bridgethrwer, a shoemaker, of Bulky, which
entered. ' lasted nearly two Imurs, and as not decided until
Mr. JERVIS* 'early in the Term, obtained a the oiebety-sloth rotted. *I atom was declared
rule to 'thew cause wily • nonsuit should not be the conqueror. although little caw to rejoice
enterer at his victory, as we have en informed neither the
Mr. Baron Garotow read Mr. Justice Bikes conqueror nor conquered have yet been able to leave
report of the evidence given on the trial if the their bed*, and Bridgewater is considered in e mutt
cause; by which it appeared, that et a sale by atP:• (larger's!, state.
. 4 . . .
i it