The British Press; or, Morning Literary Advertiser.
London, England, 1818-04-10 00:00:00

LAW INTELLIGENCE.

COURT OA CHANCERY, Werntinma,
TIIIMODAV, Aram 9.

11/ALZIR e.tnutteU.
This case cease 'on in the' shape eif exceptions to the
Meter% Report, and for &ether direction,. It wee a goes-
lion 'relative to the constroetios of s a no interest
exeept to the parting concerned. It occupied the whole of
they day until telt pastothree o'clock, whew hie Lordship
ruse to attend the Howes of Lords.

COURT OF KING'S BENCH, STuriaisma,
TRIM/DAT, APRIL 9.

C. CLOUGH.
This was ea adios of leaver, sad was tried at the last
I.aneaster Assisi', before Mr. Justice BAYLSY. The Plain-
tiff was a distributor of imps, and the Defendant a COW
MOO carrier. The Piaintiff had sent, by the Defendast's
'conveyance, a parcel to a person of the same of Stmeifiarth,
residing at Liverpool. The joaCket contaioisd two leak
motes. Of W. one of tOf. one of M. and eighties of If toge-
ther with a letter addressed to Mr. Staniforth, and a few
stamps. It was not, however, delivered it its destitoation,
aid the Plaintiffs:covered a verdict at the Assizes.
Mr. Solinurive Now noosed fur a rule to sheet eases why
the verdict should sot be set aside, sad a new trial granted-,
under the promisee of oe4lll of the ILiag (the Pust-olliee
Aet), which recited fbe lab of Qieeen Anse. • The Limited
Gemini's coistaided, that, wider the provision of that
statute it was out lawful to mod a letter in a rite, me by
any other dimmer astorrrinee, but the General Post—and
that If letters were otherwise sent, a fraud was committed
us the Post-officer which subjected the offender to a penalty
of 101. He admitted that there were exceptions, with re-
spect to letters relating to the matters contained in the par.
eels in obeli they were enclused—and the question here
was, whether the Bank notes and stamps which constitute
the parcel in this instance, could be considered as peek
coming within the except' set forth in the Act. There
was not, be observed, any evidence riven on the trial, that
the letter related to a mercantile transaction.
Lord Etunsonotinn was of opinion that stamps mast

be osonlikred as goods and chattels, within the meanie( of
the Act. Nuw,•inasmneh as the Plaintiff was the writer of
the letter, he could not be called to prove its contents. Rot
it was fair to suppose that it did relate to the matters of
which the parcel was composed, and that, therefore, them
was no reason fur disturbing the verdict.
Rule refused.

COONt r. stirrtmo,

This was an action brourlot against the Defeatlent, under
the *mole of the bib of Queen Anne, for bsviag game in
his puesemios, contrary to the piortalons of that Act. At
the trial before Mr. Baron Graham, at the last Surrey As.
sixes, • verdict was returned for the Plaintiff, on some of
the corolla, sad foe the Defendant oa others—the Loused
Darer leaving two gqaaettiurra for the decision of the Coact—
first, whether the IMewdaat, being the keeper of • lase-
rs/Ws, although "tallied to hill game, did not cone
within the p►ovision of the sth of Anse, which set forth,
that no victualler, inn-keeper, biggkr, or alrbouse-keeper,
should he allowed to have game i■ his possessions ; and 2d,
whether the Weediest could be considered • ♦ictualler,
within the m•se and meaning of the Act.

b Sir.MARIIITATT now applied for a rule to 'hew nose,
why the verdict foe the Plaintiff on the different counts on
which he had &accorded should not be art aside, and a sew
trial granted. The facts of the ease were these.:—The
Defrodant was seen in the set of shooting game, is the
parish of Cobb..., by the rimelteeper of the Lady of the
Ilsour•s-and ass action was in consequeuce instituted against
him. The Defendant, it appeared, kept what was called a
gist abort in lleauk.atreel. Holborn, but proved that be was
qualified to shoot. The Learned Counsel contended, that, if
he ever were a victualler, being qoalifieil, he did not come
within the meaning of the Act, because his license must be
utsisdered as over-riding the exceptioni, with respect to dis-
qualified penises, @mullioned .tn the Statute- He admitted
that the words were espies. and positive, and subjected him
to a penally, if a victualler. of WI. fur having game in his
pommeling. Rut no ease of this peculiar description, lied
yet been decided—and it woof importance that anedifficulte
which existed on the subject should be cleared op. is to the
Id point, whether the Defendant was or was not a victualler,
it could scarcely be contended that • seller of spirituous li-
quors came within that denomination. He hail looked for
the definition of the word victual, in Johnson's Dictionary,
sad other authorities, and he found it meant food or meat.
Rat surely it could not be argued that spirituous liquors
were necessary to the sustcsitatioo of man. It had bees cos-
tended at Nisi Prise, that the person who sold ale sad por-
ter rasa victualler, because, to some persons, malt liquor
was meat aril drink. But such a person might as well be
called a talkie, for he had beard that beer was to many per-
use snout, drink, and clothes. It was true, that, in order
to obtain the Excise license, the wine.vault keeper was ob-
liged to procure one for selling beer and ale—bat it did not
necessarily follow that be 'aunt therefore be a victualler.
Lord ELLeasonotion said, as to Ilse first point, it was
clear, the words of the Statute being direct and positive,
that the Defendant was not qualified ass victualler, u kill
game, though be might be so in his private capuity. With
respect to the second point, be was inclined also to refuse
the role, Weave, spirituous liquors, in many instances, were
a material article fur the sustesitation of man. Soldiers and
persons in fumy countries rootlet than necessary, and without
spirits, under certain circumstances, lamest life very ones,
could ant be supported. The term virtual came from rico—
and if it appeared that spirits were necessary to the !taste's-
Mimi of man, he saw no reason fur thinking that •
wielder of spirits was out as much a victualler as a seller
of ale. It had been said by the Learned Counsel, that
it was waned at Nisi Prins, th.t beer and ale were con-
sidered as meat and drink—but the Court could not take
satire of any argument raised on the plea of words On the
whisk, however his Lorcbhip thought it was a drhatsble
poinb—aud, therefore, the Court would great the coudi-
bowel rule.
Rule granted.

TIM %MO r. CARLIMIL

The Defendant, who h•■ been held to bail, to take his
trial for publishing the tame parodies as those on which Mr.
Ham was acquitted, appeared before their Lordships, at
the rising of the CuUrt—and expressed • Irish to address
them, in order that his recoenizanees might be discharged.
M►. Justice BAIMET ineptired whether the Defeadaat had
My affidavit to offer to the Conn ?
Mr. CARLYLZ said he had not, but be conceived he had a
right to maks a mutiou for the discharge of his recog-
Manama.
Lord Ett.ammOiovisa said, the time of the Court could
mot be taken up 'Mob such irreinlar applications. If the
Defendant had say thing to move, he ought to be prepared
with an ailidavit on which to ground it.

Their Lord.hip's
retired.

the Defendant, of course,

The Rev. Dr. Julio CAMPEZI.L. one of the Mi-
nisters of Edinburgh, is to be Moderator of the
next General Assembly of the Church of Scotland.
A moat melancholy accident happened on Thurs-
day evening. As the sloop Industry, of Dooms.
ter, CI.AIII master, was attempting to pass a
Selby brig at anchor in the [lumber, opposite
Broumneet. the ran foul of the brig and Mime.
(Wifely sunk. The master of the ►loop snit two
lads (his suns) were on deck, and the latter clinging
to the brig. were enabled to throw out a rope, by
which the lather ens saved ; but. dire to relate, his
wife. who was ids° on deck at the time the vessel
was sinking, w.is swept (overboard, and with three
(laughter% who were in bed in the cabin, unfortu-
nately found a watery grave. The sioup's cargo
consisted of iron. household furniture, tend about
SO loud of beaus.