The British Press; or, Morning Literary Advertiser.
London, England, 1807-11-09 00:00:00

COURT OF ICINGS BENCH, -Warms x , Nov. 7.

ESCAPE.
/MD, V. JON'S.
The Aveoansv-Gastaao moved for a Rule
to shew cause why a new trial should not be granted
in this case. He stated. that this was an aaion
brought against %Ir. Jones, the Marshal of the
King's Beach, for an escape, and the ground of the
escape was, that the Prisoner had been seen in cus-
tody upon the first day of term, betwixt the hours
of 10 and 11, previous to the time of the Court
sitting ; and it was conteadtd, that. although the
Pr saner bad bail. yet twat was no defence.
On the 2art of i. r. Poses, it was argued, that the
Rule. gat!. !:`)er:y w th? kettle'. of the gait to let
out the Pri•oher nolo ty, and in cases of that
sort t..-re traftt,:n At tar back as
mentoty went, i•o( 11-! Attorney Gent;r3l, was con-
vinced. tf:at uartcr such ci.(umstatices. or,s
never suffered • cletailinect of the day. luStrane,
50i, a case wet t 'r.cd,.whete a Ptis tdsr
escaped, and moved a it. cisedear, and :t was held
that he was emcied to t d whole the day, there
being no fraAion :4.!m' fr.rn a consi-
dera• ion of tn...? ?at ucutar (i these persons,
tha• 'day .vc bcca all.oveu t..e whole of
the stay.
Lori Et-Latinos:noon-0, i bat has been the prac-
tice bout in the Cotut cf Common 1'1•: is and this
Court."
Avroasay-Gtiscaat.- •• Tn. re is no doubt that
the 11.d.e of Law is, that no of the Jay is
taken into consideration. and d,e prat:ice s!.ows
that it never has been broken in upon."—Kula
granted.

DUG TRAPS.

SOOT. TOWmilleNu Ct. AAK V. PAUL WASSIN.
Mr. tirij Wei...tams moved for a ttule to shew
cause why. the ver .06t in this case should not be set
aside, anal A new trill granted. It wa. tried helms
the Ls)ra Chief BA:on, at the last As.iaes, at GI at-
tester. The substance of the Declaration was this.
it was an anion upon a case consisting of two
counts, the wog is 4 the first of which were, that
the Defendant intended to catch And wound the
Plaintiffs dogs, near divots highwa; s and foot-
ways, and for that purpose placed pieces of meat,
first), and alter atr.og soselii,g Mutts, in and abut
certain traps and snares. and continued to do so for
the space of ten days. by re.son of which s4ra dogs
of the Plaintiff, then And there [Wally passing
along the highways, and three other dogs of the
Plaintiff, lawfully being upon the lands, and three
other dogs belonging to other persons, lawfully
1 being u; on the ground', being enticed and allured
upnii West lamb at ;s1 grou.:ds, were caught theiein,
anJ greatly v.ounicd. The.other count merely de-
scritud ch.: case in somewhat different words. l' his
was a singular and unprecedented anion. It ap-
peared in evidence, that the Defendant was the
Proprietor of a wood, called Caieswood. through
which there was a public footway long before NIT.
Townsend, the Pi.vintiff. came to reside in that
neig..bourhood. At the end of the year 1802, and
beginning of 18r1J, a blacksmi h had been ordered
by the Defendant to make traps to catch foxes.
badgers, and other wild beasts. These traps were
sct t.:ere day and night. and covered over ; the bait
used was dell. an I several badge: s were, ac ,:or Jingly .
soon caught. The cviderice shgwed, that in 1806,
one of tt.e Plaintiff's hounds was also caught, but
what business fe had t!:rte, there was no evidence
to eaplaiar The Loma Oita, Batt.)). was of *pi-
nion. that if the traps were of tint excessive sae,
such as to catch sheep, t.;.c. it did not matter
whether any malignant motive could be shown in
the person' who had set tacit; and, therefote. the
evidence, in this ease. was sufficient to show, that
she J,Jeteadeei had as isateatioa to calla the Plain.

tiff', dogs. The Plaintiff obtained a verdiet of
thirty guineas damages.
Lord Ettencoaocton—m Was these any eel*
denee to -hew that the flesh wig thrown upon the
foot-path, or placed then for any
,purpose intended
as against the dogs of this ma!tir'
Atlroamev-Gststaas.---" No. WIT Lord. there
was not. There were two kinds of traps, small and
large ; those for the smaller vermin being like com-
mon rat-traps."—kule granted.
oats dad /0111111.1T_ V. PRISMS. ke. Omar,

Deckers.
Mr. CA a RCM moved for a Rule to set aside the
verdia in this case. lc was an athon brought to
recover the sum of 18,0001. and was one of great
importanr:t to the commercial world, and also of
great consequence to Country Bankers. The
Defendants were the Assignees of Dickinson and
Co. persons who carried on the business of bankers
in Birmingham, and they were enttlod to the sum
for which they had taken their verdia, provided
certain bills of exchange, paid into their bank, were
to be considered as tl.e property of the Plaintffs,
and not of the Bankers. This case depended upon
the manner in which the business between the
Plaintiffs and the Bankers was carried on ; and it is
extremely different from the manner in which it
is carried on in London. To point out that
difference, fie should contrast the two modes of car-
rying on business. If bills, which are not yet due,
were paid in by a customer to a banker in Londtn,
the London Banker writes it short in his book, and
does not carry it to the credit of his customer, until
these bills be paid ; not so with the country Bank-
ers, such as those now concerned is the present ac-
tion. They had always dealt in this manner; when
a customer came to their counter. and made a pay-
ment of cash or undue paper, it was deemed a pay-
ment made to his credit. The Banker exercised
his judgment as to light gold or bad notes, and the
validity of the bills, and for what he kept ht gave
credit to his customer immediately, uniting the
whole into one gross sumiand considering the undue
paper as cash. If a customer upon such an occa-
sion wanted a remittance upon London, the Baker
would give him a bill on London ; or if he
wanted a large sum in cash, equivalent to the
amount of the securities he thus paid, the Banker
would give it him, or would suffer his custom:r to
draw to the full ext nt of the amount so paid. al-
though the bills remained undue for a considerable
length of time. The Banker considered such bills
as his own, and made use of them to serve his own
purposes ; and in many instances, in order to save
the expense of stamps, he aaually gave *way the
undue paper. in payments to other customers. using
a bill of exchange not date. a guinea, or a Bank of
England note, equally as Iris own property. The
three notes which constituted the subjea of the pre-
sent cue, were not yet due. and therefore the
Plaintiffs then insisted that this was money of
theirs which they had a right to take from the
Banker, because, if the bankruptcy had not
taken place, they wese not entitled to specie.—
This matter was tried at Guildhall, and the Jury,
uniting in o'inion with the dodge, formed their
judgment upon the London pronica, because all
these bills were indorsed when put into the banker's
hands. This, hoWever, mn,t necessarily be so. Its
London. hills are paid in in a state of negociation ;
but, netwitlista7,ding their having an indorsement.
a London banker would not give credit to his cus-
tomer In a single shilling. biwlthe Counsel) was
iii a st t r to pro lure evidence that country beakers
conside-ed e .1% a gross payment. ar.d that the
p ,ities chat ged interest bate ways. This was not
like a case whets a bill was paid in against another

bill.
L rd E LLLLL necirou'l The Jury had a strong
opinion tat 'very person who pays bills into the
h.nds of a Hanker, pays them to an Agent, to re-
ceive money for them; and, in case they give cre-
dit for these hills, they will have suit against that
party, by means of an indorsement ; these bills,
therefore. remain as a dry deposit."
Mr. A mnow—" I certainly could prove, that
the universal curse of business pursued between
these customers and their bankers, was to pay in a
gross sum, and to have an immediate credit to that
amount. They rely upon this as cash."
Lord ELLtNaOßOtali'. It is certain that they
might hare advanced money upon these bills, but
it does not appear that they have done so; and.
thetefore, they come to be nothing more than a
mere s,cn:ny in the hands of the Broker."
Mr. Gs it aow---t. My Lord, I shall seppose this
case: If A. B. has sent in to his London banker's,
C. D., paper to the amount of while his
cash account only allows him to draw for 2001., a
clerk of the banker would answer Lis drafts only
to the amount of that 2001. If the bankers lent
their customer a larger sum of money, it was quite a
different thing, and totally indcpend.mt of his cash
account. On the contrary, the ilirdlingham
Banker. the winent his customer has paid him in
hills, gives that customer authority to draw to the
full amount thereof."
Lord ELLattsoitouaa—N It appears Coat the Lon-
don Banker has a 4a. on that paper. but he has not
an immediate suit upon it. The ion in one case
and the right of suit in the other. appear to be the
same thing in the event of their being overdrawn."
Mr. Gaaeow—it In the case of Bent st. Fuller.
in 5 Tem Report:, 494, the question seemed to
have turned upon a payment made upon a specific
account, and went to raise a general credit from the
instant it was paid in."
Mr. Justice But.t.te was of opinion, that the bills
were paid in upon a general sunning actar.:nt.—
Kule refused.

11101111T$011, qui Ides, is. 0 4 trim A tre.
Mr. Past moved for a rule to she .; clue why a
new trial should not be granted in this CAS.. He
stated, that this was an &Flinn tried before Mr.
Justice Chernbre, at the last A sizes for she county
of Yerk, in which his Lordship .6411 that the
Court might be moved open the *Ojai. Tve de.
elevation set forth, that the DefenilAut, under the
title of a Captain in a certain regiment, calivi the
Id Surrey Militias did. at the lowa and county
of Kingstors-upon-Holt.eurcisc the powe.s of coat
situation. such as sitting upon a C. ourt.Mailial. and
receiving messy, although tits 'ally qitalifsed at the
time at doing so, whereby. by me Att. be has for-
feited IOOL Hem the Learned Counsel reeked the
6tlt see. 4114 Geo. 111. ehap. 90. whereby P is pro.
aided, that an pwsrAt osa be a Calais of Militia,

evilest he be poemesei of as'shag tido yearty vir
lne of 4001. er be the heir appeeeta of a pens
son possessing an estate of 4001 Per emettneh Of the
yotmgest son of a pecan g an estate of
'6OOl. per annum. Now tEsiraftilemen was the
yonngest son of a person possessing 6001. a year.
Power is given by the A 9 that persons might
have such estate is another county. and that so
person can ad without delivering in to the Clerk of
the Peace an account of the county and parish in
which it is situated. N 4 penalty, however, is
that clause inflitted: hut afterwards, by seition l •
it is provi.k.l, th.t it Captains, not qiia'ified a*
aforesaid, ail in that c.i pocky. or without delivering
in their qualification, they sl,all be fined 1001. half
of wt:icit goes to the person who informs.
case was this s—The Defendant being a Captain of
the Surrey Militia. sent his qualification to the
Cl-ric of the Peace for the county of Surrey
before he sited ; and although he'statei the musty'
where his father's estate lay, he omitted to state the*
parish ; upon discovering this, another officer of the
regiment informed against him. The Defendant.
however, immediately sent to the clerk of the peace
ar.other notice, supplying the °missies is the former
cane. The only alt done within the town of King
ston, by this Defendant. before the qualification was
sent, was his receiving a small matter of pay, which
he was entitled to as Captain of the Regirnest.—.
He (Mr. Park) Lad submitted to the Learned
.Judge, at the trial. that the mere fail of this per-
son receiving money was not such an exercise of
the office of a Captain as to bring him under the
meaning of the statute. As us that partof thecharge
which related to the Defendant having *died upon a
Cow t Martial, he could prove that he had not dons
so till alter he had delivered in his fell qualift.
cation.
Lord Ettassortoecit.--ssThezeceiviog of money
does not appear to be ailing contrary to the statute.
Take a Ruhr to shew cense."

COURT BF Cu I .lUN PLEAS.-Nei• 1.

.

systemise W. MICELIWAITIIIt.
Slime Coot's.", moved for a tub to shew
tyke why the verdict in this case should not be est
aside, and a nonsnit entered. This was an adios
tried at the assizes of the county of Sesser, fat
take imprisonment, against the Defendant, the late
High Sheriff of the County.
Lord Chief Justice Maastiato--." I recoiled the
rase well, and 1 believe the only question is, whs•
slier a Sheriff has or bas not a right to imprisons a
a person who by noise or outrage shall disturb
and molest him in taking the pall—Take a Itsis.•
Serj. Coc The present application sass
further, inasmuch as on the justificatiost there is a
reference to an actual assaalt committed, sltboegh
the verdict of the jury went to every thing save the
assault."—Rnle granted.