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

Court don': think you are likely to succeed on your
last point, a• to the venue. It is, however, a case
or great importance to the parties and to the pub.
lic—anal it is improsible to proceed with ton much
confirm in the administration of justice. Take your
rule therefore to chew cause, on the grounds stated
in your affidavits."
Mr. SC ARLETT doubted whether a man and
wire could be comprised in the same indictment for
a conspirocy.
The Cotter held, that they could not, by them-
selvrg, for no the rye of the law, they were but one
person, and two were necessary in a case of con-
spiracy. Rut they might be comprised in the same
indictment with Attie's.

It was ligree;l, fin the convenience of all partiev,
that the further proiceediour Should he postponed
1111 next Term, at the commencement of which the

('.wort will tonne the day on which aline is to
hr %hewn osic.tiliot the rule.
The Defendant* (except Jane Marks) were all
in Cimro, and are, in their appearance, •ery re-
ye eta ble.

COURT OF COMMON PLEAS, WESTIIIINIFTER,
TUEsDAY, Novemata 10.

DOWSE V. ►VERAND.
The D. fenillint bud agreed with Mr. Newcomb,
proprietor of a IlewSliver ut Stamford, viz. The
Stamford Mercury, to convey his Leper from Slea-
bird is. the last stage, by a hone or in
buggy. The Pout-hoist duty of lid. a mile was
paid on the two other stager. Tile Defendant
rrfu•rd to do en; an action had bees) brought to
determine the right, and tried list summer at Lin-
eal before Mr. BaronGraltam, and a verdict found
fur the Defendant.

Mr. Serjrasit VAUGHAN now moved for a rule In
set aside the verdict, and obtain a new trial. The
action depended on two statutes—the 25th Geo.llll.
c. 50. sect. 4. and the 33d Gro. in. c. 98. The
first 'quieted a duty "of I d. u wit on every hone,
mare, gelding, &e. hired by the mile for going
post ;" and tinder this it had been determined, in
the King n.lVeliber. that the hiring of a horse for
a certain distance In carry a letter was a posting,
and liable to the duty. But the second Act bore
more particularly Oil the case, and the Learned
Counsel said, lie had reason to believe that it had not
been properly drawn under the notice of the Judge
who tried it. This Act omitted the word " Post"
entirely, and thus extended the duty to contracts
fur mere travelling. The motion was, therefore,
founded on the misconception of the Judge on the
trot, meaning of the last-tuentioned Act.

Role gral;tril.
BUTTS and OTHERS, Assignees of MICHAEL TAW-

CETT and OTH FRS, r. SWAN and OTHERS.

Messrs. Fawcett and Cu. were manufacturers of
gunpowder in London, and had sent down a large
quantity of that article to be sold for them by the
Defendants at Liverpool. Fawcett and Co. were
afterwards in want of money, and applied to the
Defendants to advance them some ou the credit of
the gunpowder. The Defendants declined. They
then made an application to Henry Cooper and Co,
offering the goopowder in the hands of the Defeo.
Hants, us security. Cooper and CO. replied, they
hail tin objection, provided there was property
gli in the bands of Swan and Co. toinsure them,
and that the latter would hind themselves to secure
theta against loss, after paying themselves com-
mission, &c. A meeting accordingly took place in
town between the three parties, and Mr. Swan un-
dertook to pledge his house for the value of the
powder, after the proper deductions to Cooper and
Co. on consulting with his partners ; and that he
would write from Liverpool. A letter was received
immediately after by Swan and Co. from Fawcett
and Cu. directing them to pay 600/. out of the first
net proceeds, to Cooper and Co.; and after some
interval, Cooper and Co. were acquainted by letter
from Swan and Co. of the receipt of the last letter,
and al►o that they undertook to be accountable to
Cooper and Co. nit the terms above described.
They afterwards paid about 80/. to Cooper and
Co. Fawcett and Co. became bankrupts, and an
action was brought hr their assignees against the
Defendants, to recover the value of the gunpowder.
On the tri il, the letter from Fawcett and Co. to
the Defemliiiit., directing the payment of the 0001.
though written no a 11. stamp, was not allowed to
lie read, in consequence of the decision in the case
eel Firbank and others, assignees of Min, versa,
Bull sod others (Seltryn and Baratrall's Itrports,
part i. page 38), and a verdict was given for the

Mr. fieijoint CopLET DOW •rgned, that by the
ssih Gt u. 111. c. 184, clause 8, the letter ought
to have been allowed to be given in evidence. and
under 'faqir circumstance', moved for a rule to
phew cativ+e why the verdict fur the Plaintiff should
not be set aside, and a new trial ringed.
Rule granted.

COURT OF EXCHEQUER, TvEsuAv, Nov. 10.

IMITATIVE TEA.
THE RING V. MALIN'.
The Defendant had been found guilty last sam-
pler of idling large quantities of imitative tea, and
heavy damages awarded against
The COMMON SERJEANT now moved for n rule
to spew came why the verdict should not be set
aside. Th. Learned Counsel argued, that under
Isis hceisse, the Def,a.daist was nut a dealer in tea,
1.11 “2. to sultp•ct him to a penalty of 10% per pound
of that article, of a spurious quality, said, but
inertly is stealer in cotter, which afforded sufficient
ground fur granting his motion.
The Covicr held that Isis license, containing b.-
sidcs the words " to prepare collet," and " to
Iscep tea. chocolate," Ste. would certainly have
lo.,ts.cted him from a oesial action fur selhng tea,
au unlicensed person, and that consequently he
could nut now shelter himself under it, by assum-
ing that character, and so converting the penalty
of 10/. per pound into 5/.

Ittile.refuseil.
SHARPE end OTHERS T. WARREN.

The Hsiiitills in this case are treasurers of a
benefit tovirty in Bedfordshire, of which the De-
-1..11414 wits the late treasurer. When the De-
fendant went out 01 t Hier, there was a balance in
his hands due to the wieldy, arising on different
111111.1 receivtil for its use. This sum had never
Lceu reductil to a ceitatiitl, b a•iy &finite settle-