The British Press; or, Morning Literary Advertiser.
London, England, 1818-11-12 00:00:00

PEDESTRIANISM.

The public mateb of eight wiles between Mr. Leeson, of
Everley, twar Blackmailer, aad Lieut. 1.4.161,6 was decided ou
the edge ur %Vtakfield Plain early yesterday aturain, itt the
Callao bag time:—
Load. Le.esekw.
Miles. Mia. MCC. Ilia. Sec.
5 49. ......5 39
2,1 5 41 5 38
3,1 5 47........5 42
4th 5* 5 54
rith ..... 5 54 6
811. 8 4 8 8
716 14 ..... el 12
816 d 39. 7 8

Total 47 0

48 17

Mr Lemmi broke slowu in site last mile, alter beim! bark-
ed at 6 to 4 lu wits when he had dour ball the didnuce.
match was fur 100 guiaras a sole.
Rosner sod tVansell will run their ten miles on Sunbury
Coin on !laterally, betwern twelve and two o'clock, for
200 asiiiicas. Rainer WY iPTUMe the favourite, ■t ti so 4,
and hods ale bs ktd to p.r1.....5u site litsimusee vpihiss sit Imsti',
which is according to the time of Mr Lilac in die Mos..:
rare. day has bre!. altered Gum this slay ley mammal of
all as, parties cAlUCCl'lltd.

SWINDLING.

The publie are cautiontil alyalust the artifices of a middle-
aged female, of elegant manner' and imposing Isla
under the disguise id a clergyman's wife, has defrauded the
tradespeople about HuMoro to a very considerable amount.
The female noel her 'opposed husband, dream d as a clergy.
man, find took a house to Kußun-Street, iu tlw new
bold-
iugs eastward of the Ret• :vole, to Ilanistead-road, and
the goods sent in 'were next d y sold st an outline& iu
l'utteultaimcomt-road. They pawn' by the risme ur oli-
pawl. The 6aiil.• stir, wai•ds took a house in thorium-
street, Ratlshone-place, where aloe defrauded Mr.. trilvie,.uf
Newman street, of some shawls; a beaker, iu Thnsisas-simet,
of a quantity of goiuts; and ilivel• ohli• r peupllr, passing as
the wife of the Rev IL. Tldi.uws, of Ituntingdon. 81w bad
powirised herself of Aci;tiou• rec.ipt., purporting to hive
been riven by tradesmen fur niuney paid, cad bee depreda-
tions have Mace been traced to the- liAKware-road au late as
'Monday last. She has a little girl w.tb her in general, about
eleven years u id.

DUBLIN. Nov. . —The 1,1(.3 of the Mentor
picket, front Liverpool to th 4 pot, ktvtog
louuJ-
tred, his I:tine,l gromid—lier cargo wati valued ut
70,00/. thietly
51r, M•NAt7Gurris Iris been held for
-errant% IA nut anti 4:.%;tultiog u watehmun to P4ll-

Oust., the bricklayer, of Bell-street, Padding-
ton, understtiooltna. that a pelle!.triata match wa• to
be made at TAT l'Ett9Al.l.'9, by some spurting G.-ti-
tivate'', attended there w pers...), and elialleoged
may mon In En2latid either to run or walk the tilt..
tonee of .200 or any uthrr numb. r of links
That aught be a._:rertl upon. Cats,. wall lay luta.
of his owl' moors, taking die Otids ids 300. elii3P
01111 waists the patronage of the sporting world, to
challenge pei,e-triats in Europe.
To.-mlry n,, hut, about iti,e o'clock, another
dreadful tile kr out al the liou‘e of Mr.(IIEOROEr
I.llllCher, MileldrrAigiliVily, Slid 4111118.11 C the
hoosse n 1 %k Ille.l 1J r. Mosta& Still 1.16 6111.1 au ft,.
vehtly fell a ..scr.lice tu the flames. We regret to
soy, that M GIiORGE kaf se fine child, :don't three
years obi, ahl,lt %•u burnt to death. The (-told
had been put to bed shortly before the lire bloke
nut, and such was the sluleuce of the Haut.* as to
render all attempts to save it useless. The re-
IA the child were found in the ruins about
two hours after.

Accluumt.—Abut two o'clock yesterday after-
now., ;I, a pour wan soul, u child in 111. anu., ullll
51T.M104111,41 by ill% wilt-, were ut the act of cross-
Qtareal-rireet. they went prevented
by a w..;:4tat, whets Is liailitiley-cuisch, No, 596,
came &mug along ut LI 111110U+ rate. um' before the
poor 11)4.. 1i.,l time to get out of the way, lie was
run over tsy stir and 110111 he 41111 the child
re( swell mune sevrer bruises. I%lw makes it more
culrtsltle of the COaCIIIII4II 10. not his horses
wheat culled upon so to do bcfure thit acs hleut hair-
itet.cd.

From the Bermuda Curette of the 11th Septem-
ber, slop 'lifted the Grent, Ciiption
Jots i DAVis, of London, 370 tun• burden, home-
%%aid hound, .truck on the rock. utf the west end of
these island-, about usidisigist, on the .toruty Alight
All TUt 141. a) lest. 111111 after hitting been eistaistOrtl
"twilit; the breakers ai.rl ~hurls at least four hours,
liuully issiged about 'ldt-tight, before ally amit.tdisee
rould be gist to her. She trail from Falmouth, sold
Moist. go Bay, Jamaica, ilevicg it fl the latter pot;
Hi, the ti,!, it August. and .uccespively eliperiroced
„„ than ennirdry winds slid yaks weather.
11!rr cargo csinio.ttil of rum. sugar, logwonti, fn.tst.,
nialuittasi), 3;e. (sesit extltiuse. have been nasals
to awe the valuable palliest) with which Ole Was
lodeit, and the boas. Wee succeeded its getting out
Ole raw, u.sol 5t Is exisecleal the el)e.svusid, 3:c. and
sillier I ..... yNait *III also be brolliCht ;
hut d. the tide was it is fewest the sugar, to
the id' upward* of 00 llogeheashi will lie
tos.t. .1 hie eept.lis soil crew were caved, Ai well as
the iir;rrs, who were JANIS M. UAyts. E.q.
ut Lwalsin, part nailer of the ship, Abs.ter Mout"
Al...ter CHAS'S:IIIs (Iwo young gene:eines,
i•owe for lin Is .11.4e4114111). :ltd direct fttilillC
set v:Aiilt!. r.. I)Avt,i. use Captain's Lady. lilted
unsiduald Aunt a week after lilt-v kit IstuAtvis.

iar INTELLIGESCIS.

COURT OF CO ‘NCI:ItY. Wirsimoirmt,
WiLDNitsDAv NurEMnali

TUE ATTORNEY-GEN BRA I. at use relation of the
itlurrinis of SIAN uroau v. his Grace the Duke
• of sismouttotteit.
Tile SOL.ICITOR.(hNERAtq on the bihalf of the
Relator,' moved for au lojuiletion to reatusin the
Nishle Defendant from proceeding to citt down the
growMg and ornamental tioulwr in Blenheim Park.
Lt wys a lilltstliill Or cniiiideralAe importance. 4s it
involved the rights of a tesnest eutuil, Tiii•
Lite ia question was granted by t*o Ac•t. of
PArliument. the 31 and 4th of Queen
to' the then Duke of Mailburough, in con-
bideraiien of Lis great military serviceo. Ry the
Act' sth of Queen AAUP, the estate in quseption was
better secured to his Grace ter the benefit of Isis
successors, and rendered inalietialsle oust of the
Nut ly. Hit Lord.ship would see this by the sec-
tion oldie Act which he would rend.

Loan CuArcEtt.o6-4, k think it wit} be
better nut to go further tutu it now, but wail until
the rase is fully argued on built sides. The ques-
tion involved in the cow i 4 certainly one of consider-
able tinporiance, as it will lead to the full ati-co.sioit
of the thlfetence between a tenant email and a te-
nant for life. 'flue case of Lord Shrewsbury bars
strongly uu this. Therefort I grant the ioirinction
ou coodition that immediate notice is given to the
Defendatit."—liijunctuni granted.

COVET OF KING'S flI NCll, WEsTUlttry.tai
WEDREADAY, NuVcAtitEß It.
SEDUCTION.
CARR V. CLARKE.
This action Wei brought bv the Plaintiff, an in-
divialw.l. in humble circtinistanceo, to recover, from
the De tendon', a person of cunsideralde properti, a
coinpensation in damages, for the los. of the services
of ['Linda's daughter, whom the Defendant had
reduced. 'rise cause vas tried before Mr. Baron
Wood, at the 1.0. t Assizes Gir Northuinlittlaucl,
wheii the Plaintiff will non-suite&
Mr. ScARLETT thia day noised for a rule to shew
cause why the isoi.buit should Hot fee set abide, mud
a lie* trial granted. The Learned Colmar' stated,
that, at ilie tital, 31r, Baran 11'taal considered the
case to be governed by those of Popham v. Parke
(3/1 Burroagh, 828)—and Dean a. Field (5.11 East,
45) —and therefore directed it tttttt suit. It ails now
hue duty to examine whether the cipw was really Cu
governed. or whether it wills um, ill fact, distinguish-
able Ginn the two which had town quoted. In the
tirat carve that of Popham and Parke. the Court
eel Webbed In opinion, that the Plaintiff ought to
be nuusuited, oil the ground that the dauglitee,
being of full age, was mot iii the service of her
fatlier, who brought the action. This was the
opinion of the Court, but the business was coon-
proirdiVd. In the other case, that of Dean awl
Field, a'nonsuit was directed, but all different
Ifrouitilae That action was tried before Mr. Justice
Clialtibre. at Latartister Assize', aiitl the fact* were,
that the daughter was lint in the service of her father,
wheu the sedation) took place, but in a different
service, mud without ally intention of returning to lier
pareot—hut she was under mg... The Learned
Judge Wile of opinion, that her bring nutter age,
did out make ail difference. awl the Plaintiff was
of-awaited. Mr. Torpilig, who Was ill that cause,
moved to have the iiotisuit set lie relied
on a ease tried before Mr. Jusii/ e Willis, ill 1789,
at Laiiciater. It was eiitilled Booth v.
It was an attlou similar to that I,ow before their
Lordships, mud diet e the Learned Judge belt',
chat. if die daughter were wider age, an actiori
might be maintained, although site was not at the
time of seduction in the service of the father. Lord
Eileoliorough. however, refused the rule, on the
grouild that the daughter haul expressed no inten-
tion of returning to her father's house before the
misfortune took place—there was DU animus depur-
randi—kud therefore the opiiiion of the Learned
Judge who tried the cause was looked upon as cor-
rect. The distiuctiou lie begged leave to point out
in the present cwe *alb this : It was proved that
the Plaisititi resided at a little village called Allen-
dale. and was about to remote to Bishop Auckland,
its the-comity id' l)arliam. Ills daughter was at this
time about 15 or 16 years age—and lie Was request-
ed by Mrs. Shaftile whose daughter the 11)efeudunt
had married, to let the girl Fromm with her, for
some time, as a servant, until the Plaintiff was
in tiled is. his. new residence. It was also proved
that a part of the daughter's wages were applied
by her to the Pleastitt's use. She continued
Mn.ill Sliaftoe's service two tear.—warm had
attained the age of 18, when the seduction
took place, which was effected at the house
of her employer. Mrs, Shallop. The (twine-
usu., ill this case. as coutrasted with the others, was,
that lucre the father was actually receiving benefit
(ruin Ills daughter's service—a part of her wages
being applied tp his u-c. Ile (.Ire. Scat lets) could
have wilder(' the case of Dean and Field tU Matte
been further iliscubsed-7-for Caere did appear to luta
a very great difference Iwtweris the case of a girl
not utage, and of a female who bud arrived at the
period of womanhood. %Viten of age, she was rat
tai is, able, ill all respect.. to act fur herself—and her
father haul legally Ha more interest in her services
than a total stranger. This we/. not the case whet.
the daughter was nut of age. It was true, if, with
his consentolie entered. during that period, into a
h
contract, lie could ma oli.t us b it ; hut if; after coa-
st-Ming to the hiring. ow other service, lie cosiceiyed
the c"...rart inueis to her prejudice, awl gave no.
tire, That, *lieu the term had t spireult lie would
take her borne again—in such a use, if the girl,
contrary to his wish, expressed a deterniipation to
remain, thee Court, lie had up doplq, would grant a
%tit of Habeas IL'urpws to rte/ore her to her radicle
Mr.Juldice BAYLIIT—" It'ou say the lather has
a right to the custody of his daughter until the
age all?"
Mr. Su:anti:TT said, his proposUirin was that the
father pi/lowboy" ili:st riglil, until the law placed the
daughter beyond the contrail of any person, unless
she herself au* pleased to contract ass engagement
which retidered her subrrrviri,t lir the power of an-
other. Ile then supposed a daughter. under age,
I.loCeil ill a elltlaliusi, from which the father wished
to recall her. In that case he thought the Court
nuuld gnuit ft:llLf. If so, ;t was an atlltlieSiUll that

17A

the FAR r had a control oWr her—and, therttrore,
there Wail a t.tnatite distiatetioil between .'.e woo-
tion of a daughter of full age, and Chit , e Mbu
wso utoler age. T.e L.-Anted Couu. tio.tted
Ilse 4:tote of Barrat and Alcuck, • . <ports.
:11r. JuNt,ve Boller there -aid, 4' that, i ,ettuna of

this kind, thr 41glitcet rvl•leuce of set% ice would he
sufficient—even the milking of coos." Crwn thi•
it was interred, that some service be iiroved,
to support the act . But supposing the daugh-
ter of a mats in high life to be seduced. would it
be said, taut because there was. 110 *actual service,

there Mete then.loir ungruoml Oil Which to vopi.tut
an acliuu? it.tt,l4 the ittiociple .tool f
now lie b.) much nit-Fused. Alight hot there Ite
prospective though not all C 11.111% 'now
might !me iiiteiest Ur puste though out in esse—
and the welt 110311LOIlly we. 6roOtill fur :111
I HOMO.

Mr. Justice BAT LEY—" Iu the case of Stotler-

thwaite v..Dowsett ((Mentioned in r sole to the
Term Reports). and in that of -- v. Nora.
Figg's Aisi Pflug. it is held, that the relation of
master and servant must exist to rouble a fstio-r to
brialg hip stetion--thuugh very lite..., set ;Ice steed tie
proved for the purpose."
Mr. St.:AttLETt •••44 lu this case, the gill was tier-
sant to Mrs. SIIIIftUe, stud p.srt of her wages were
sent to her falser."

Mr. Justice BAY LEY—" Mrs, Shallot. might.
in point of law, have brought the action—and thus
there would have been tv.o actions for the 'awe
thing."
Mr. SCA RLETT-41 The father was receiving part
of the wages. [it the case of Don and Field there
was no animas deporroadi, In the present instance
the girl was only of the age of 18—she was brought
to bed after she left Mis. Shelloe—snit did rictus
ally return to her father's house. 111 the sctilenn-nt
cases many are to be found almost analogous. For
iiistance, an apprentice may be serving his musty;
and his father at the same time."
Mr. Justice 134 Y LEY7—" If Mrs. Shaftoe lied
paid the wages to the fathe►, you would have est.,
Wished your case. Have you gut the declaration
here ?"

Mr. ScAat.ETT—" is a very short one. it is
not prepared to Meet the peculiar circumstances of
the cor."
The CMIEW JOATIGF.—', I suppose it is drawn
up iu the usual form, that the Defendant made att
assault upon the gill, she hetug the Plaintiff's
daughter, and in his service ?"
Mr. Scauhver—" It is, my Lord."
The Clout, Justice—" Act 1111 l s of this kind
mum be funiseied on the relation of master and .er-
rant, as well us of worm and child, wisely/use the y
will fan to the groutid. 11'here master and servant
come before the Court, they take into considera-
tion the open' of it jury ucca.tosied by lu-s
service. This is the established side—awl. how-
ever we might wish to intioduce a new rule awl
principle, it is not comport.' iu us to do et. The
declarati 111 l is, thut the w•woult was 111:141t on hoi,
then being the servant qud chola of the
This was not 'mule cut in evitirliCe--oti the con-
trary, she appeared to Ise, at the time, not the ser-
vant of her father, hut of another ',resod."
Mr. Justice BAY LEY—" I sin of the same opi-
nion. The loss of service is the esseutigl groused of
action. The daughter must be the servant of the
father at the time the injury is iltoiritilk
the allegation is, that she was the srrvaiet of the
Plaintiff, lent the contrary, was the fact. lo the
case of Saiterilawaite v. liowseti, the Igt:11011 was hir
seducing the Militia's slaughter, soul getin.pc her
with child, whereby she was sewn-rest inesirible of
manna' ll ioo g herself, end her father was, 11l cotter-
quence, oldt,zeil to support her. There was 4 Iti.•
dice fur the Plaintiff. which was mov•d to be set
aside. It was objected that the declaration 5,1
incorrect, as it should have stated, that she was the
Plaiiitiff's scrvant, and that he bail been delimit'
of her services. The Court Dole to carat, r
.if it, and the objection wa. held to lie fatal. Chief
Justice Mansfield soil, • Looking into the cars.
we ate of opinion, that toilets the allegation. prr
good prritiusts asaisit, be contained its the theist.-
time, the action cannot stand'."
Mr. Justice Hut.aoyps• It is so folly *OllO
that the relation of master sod servant must Corns the
ground of SO action of this kiwi—a sloctriaie soh-
statitiated by odious cisses.--that we cannot with
propriety grain the rule to show cause."
Rule refused.
iILI4.IOELEy tint/ OTIIER4 V. LORD.
This was ate action on a guatuntre, tried hi fore
Mr. Justice Abbott, at the (.UllllllOl
after last T * ty Term, whets the Plaintiffs w• re
nonsuited.'flue circumstances were these
plimitiffii were ineichiints iii the city of Lffiedull.
Isnd the Defendant is • respectable scl
residing at Tooting. Walter John I.ord, the sou
of the Defendant, was engaged its niescant,le put-
suits—and, being itossessrd of a share in a vessel,
bound fr the Azores to America, awl finni
thence to Lisbon, he wished to have the slop insured.
For this purpose. he applied. first to the brisker of
the Plaintiff's, and next to the Plaintiffs theuiselved
—but suspicions ben entertained of his credits
his request to have the teasel insured. was r•jected.
He then applied to his father, the Defestsl4lo, to
become security for the premium demanded. fit
consequence of which the Defendant drew up.
with his own hand. the following guarantee, an:.
dressed to thee Plaintiffs, which induced them to
effect the insurance :

"4 Tooting Deceviber 7, 11111.

GRllTLillfil—As you hesitated to make an in... mince
on ray sun Walter... intevert its his weasel bound trans the
Azores to America, and tbeuce to Lisboa, audit the app...
heuaior that be *wild become a haukcypt, scull that )...,
would lose the whole 11111111111i—au4 benne auxiutts, fur tine
iutertst of my opts, that She ship shuuld be Watered, 1 ht rrhY
guarantee yea frost any leas you alight sustain, chould rut•.s
a bankruptcy take place. in which case I will pay yuis any
sons you may bare advanced.
" Tutus, 36e.
JOHN LORD."

The iniurance was effected—but it was wwn
afterwards found that Walter Joint Lord aaa
greatly emburraold. lie wan arrebted, and con-
fined fur two months. which comtituterl an at•t ul
bankruptcy. But a commission of bankruptcy
having been sued out against Into, it woo held, :it
the trial, the the ettpres+ condition of this g...,..,„-
tee, which contemplated a reglad., boukrupti.),
woo not wet his arrest dud imprisonment, di.,l
the Plaintiff was uuu.uttrd.

31r. I%lervic: now movtd to Kt the iloamsit

aside, and to Wee a new trial granted. on tile
ground that the into/rerrey of Walter Jahos Lord
was quite sufficiency to meet the term bilikraptcy
which was merle n•e of in the guarantee. The
.meaning of the word bankrupt was perfectly well
known—it was applied to a ',ergots who had become
insolvent-1411i was no longer able to carry on,
trade. liiravould not, however, look to the die-
t iiiii *IT tni 4 definition, but begged leave to draw
their Liirinhips' attention to the !Ist of Jawed I.
cap. 19. 'That statute was entitled, •• An Act for
the forther-dtiteription of a bankrupt. and for the
belief ofilctedttors, under a -commission of bunk-
ruptcy."•The second sec-limb set forth, •' That every
pencils rasing or following trade or merclubtolise, who,
•ring arrested fur debt, shall, sifter his arrest, lie
in prison for two months or more, on the original
or any other detainer for debt, shall he joilged find
accounted r bankrupt, to all inreuts and pr.
Justice BATI.EIr" The Words Otthat sec-
tiro, would go to make a man I bankrupt, withotit
a valid petitiosiing creditor."
Mr. Toertraci ►aid, the description applied pre-
cisely to Mr. W. J. Lord—who had been arrested
—had Twin ni prison two months—and had filially
taken the !benefit of the Insolvent Act—memo.
*tames which he was prepared-to prove on the trial.
It was true, no cninnuasion of bankruptcy had
Lean surd out—and the question•was, whether, iu
the fair an.derstianding of the anarontee the insol-
vency of the person named in it, did not answer its
intent ?—nr whether it was necessary that r 3132r-
a/flew Act• namely, the suing nut a commies-ton,
►hould have been performed ? It *mild have been
oi.eless to rue out the commis-inn—for the faclwas,
the iii.olvesit had no property whatever—and the
Lord Chancellor had often ()barred, that cues might
o. roe where it was prudent not to sue nut a com-
mission. Indeed his advice was. not to proceed to
that step, where there was no likelihood of obtain-
tog 4 dividend.
The CHIEF JUSTICE said, the Plaintiffs lied dr.
elated against the Defendant, on a contract of gua-
•ranter, suede by horn to insure them frlllll loss, in
a certain adventure, should Walter John Lord
b.r•ome batikropt. The declaration next set forth
that thus individual had become a bankrupt. Now
if slur guarantee was susceptible of a more enlarged
construction than appeared on the face of it, the
Plaintiff. ought to have declared oa that construc-
t-Imi. If the letter referred to insolvency, or to un
-act of baiikruptcy, independent of a commission,
she declaration should have so alleged. In saying
,hi•, however, he was far front thinking that the
igoarantee could hear any such iiiterptetation ; but,
on this declaration hr was of opinion at the trial,
that the I'l fit could itot succeed. It appeared
to him, that Walter John Lord could not be, fur
the purpose of this action, considered a bankrupt,
whet, there was no proof that a commission had been
laud out against him.
Justice RATIMY and Mr. Justice HOLROYD
'concurred in this opinion.
ilule refused.

NEWNAN e. HENNFTT.
This WWI an 'wimp of u.sault turd at the last
Assizes for the comity of Sussex, before Mr. Ser-
jeAtit Lens. when a verdict was given fur the Plain-
tiff; with Si damages. The ctrcumstatives of the
vase were, these :—The Plaintiff was one of the
'chorister bola to the church of Chichester, and the
Defendant was ettoplu)ed as music-master to teach
the hays silq.!, and perform tittered music. A
/'etch and Glee CIO, watt rNtahhshetl in tire town of
I.:nicliester, trod twiny Intlitertheitt3 were htld out
to the chorister boys to attend its meetings. The
Difendant, however, concrivitig that singing catches
and glees was injurious to its pupils, issued orders
to them not to ettesid the club tinder pain of leis
displeasure. The Plaintiff, however, disregarding
this order, did attend the club, and was chastised
for it by the D. fendaut. For this the action was
brought, and damages awarded against the De.
feudal:l.
Mr. Gummy now moved for a role to 'hew
ev•ise why the verdict should not he set rode, on
the ground that certain evidence rtie►ed at the 16,41
'bud not been tdmitted by the I.raroed Judy.. Tyr
had proposed to strew that iii other churches the
vtiligittg-Mra were prohibited fruits &dictating catch
anti glee clubs.
Mr. Justice RANLET—" That certainly could
not he received as evidence, tor the rule of our
church could never be cunsitleiril os the Rile of
another."
Mr. GURNEY-1" We could also have sheer',
that singing catches and glee) was ii/terious to siog-
ing churches."
The CHIEF JUSTICE—" -But that could he tui
justificetiosi for nitlicting puutalament. The boy
might have bathed himself in a river, contrary to
his mister's orders, and caught cold, winch would
siijure his singing, and yet it would be herd to
?offish him for it."
Role refused.

COL'RT OF COMMON PLEAS, WEMIIIIITER,
WIUNtsDAT, Neivuista H.

HARRIS V. I'OoILE arid ♦NOTHRR.

This as• as action for an excessive stistirss, taken
elf premises which lay in the parish of St. George,
Bloomsbury. The action li id been tried in this
Court last Term. and the Plaitsidi be-
t:ll3w the prend:ses had been improperly described
imi the declaration, to be situated iu the parish of
St. George the 41.14/ fyt, Bloomsbury.
Serjeant LEN. now muse .1 fur ir ride to chew
cruise why the non-suit ►hould hut be set aside. ar.
going, that as all swishes aith the nettle of St.
George must have been dedicated to St. George
the Martyr, the description was, in strictness of
things, though lint in curnwm•u parlance, correct.
Mr. Justice PAIVIL observed, that time 'oriels of
St. George, Blo•Austuery, had been so named after
George 1.
The CHIEF Junin-. s,i.rf, that places must be
set forth by their known and popular names the
error was therefore

Rule uut gratorill.
WRIGHT V. DRONE!.

I►laiatitl', 41 ptlllllC.lll, bound his Kw, in
the ye..r I rIS, fititatettlter to the Defendant, u bur.
1.:r1)1y ti§ the county or, Leicebtrr, r,,r a tern► of .vri,
)Can, pa)us.g Y ftv 4,i Std., the Defendant eugagiog
to uI utoi IrilgP law sat Itis neu haw,. At IJte
cud at two etas the Drfruirlutit themi.aril the boy,
cat itola t,nu hr atia;tit huaw to br Garr, fur

refusing to take some letters to the •poet ; the boy's
father remonstrated with the Defendant, who per-
sisted in his resolution, and intimated au intentim
of taking advantage of the circumstance of the in-
denture being unstamped, which put M►. Wright
to the expense of IN. for • stamp, to affix to them.
lie then articled his son to another surgeon for five
years, without any fee, but contracting to find him
in board and lodging, the expense of which, it was
prov►d, was 411. a year. An action was brought
against the Defendant, and tried at Leicester last
summer, verdict was given for the Plaiu..
tiff, with 201,1. darnsges. Mr. Serjeient VAUGtAN
now moved for a rule to show cause why the ver-
dict •hnuld not be art aside, on the ground of
excessive damages. The Learned Cousisel argued,
that the paynient of so large a sum would ruin the
Defendant. a young man, who had very lately
commenced practice ; that the quickness with which
the father bound the boy to a new master amounted
to no acquiert cuter in the discharge from the former,
which ought to operate strongly in diminution of
denolges ; and lowly, that the Defendant hod had
till the drudgery of teaching the hoy the rudiments
of his professioii, and had thereby acquired some
right to his fee, as well as to the remainder of his
service, become so valuable that another master was
found to take him without any fee.
The Ckier JUSTICE—" The only ground of ap-
plication for the rule stated is that of excessive
damages ; in order to obtain it on this ground it is
necessary that the excess of damages should most
manifestly appear;which is farlroin being the case
here; on the contrary, the consequence of eroding
the case down again to the country for trial would
be that larger damages would he given."
Mr. Justice PA ax—" The only objectionl have
to find against the damages is, that they are too
little."
Kole refused.