The British Press; or, Morning Literary Advertiser.
London, England, 1820-02-05 00:00:00

CROKE V. LARKINS.

Our renders will agree with us, that Is point
out nnv mrao• of Alleviating the e, Os In which we
are subject in this transitory life, is n duty we owe to each
other. IN. followine invention we clseerfnlly recouppiend ar
one which may prevent p recurrence of the evil, via teat
feet, which bus deprived the nation of one 4„ it, 'brightest.
penamenls, sod which may be prevented by the iaruiues
and nmb-admired inveutitio of Me Patent Bottle and Shoes
with WluileboneSoles.—(See Adestlissnsent.j

The CMS, Jusrics asked if it was not jettort ?
Mr. CAMPBELL submitted that it was not, or at
any rate that it was not that kind of jades which
worth' allow the Plaintiff to recover. The Rho-
dian 14w upon the subject and the chief commenta-
tors only admitted jets.* in eases where it might
be necessary for the preservation of the crew and
►easel, and the rentaiuing part of the cargo or
stores. It could never be supposed roofer any
circunnitances to he the duty or the Captain to
destroy the property of the owner, except for
some ouch purport of partial preservation. A
lost occasioned as the above had been was not by
peril of the sea or by capture, but by mere Areal
of capture, which was not a good argument, as the
property might have been need, ur re-captured.
And if the Court allowed such • method of de-
struction to insured property, who could say to
what extreme abuser it might lead.
The Came Jusetca would not allow such a
stretch of the argument. The yeaud had bees.
captured, and the only question allowable was,
whether or not the loss came within the characser
of a lost by capture ?
Justice BEST naked the Learned Counsel, if, an
a pistol being presented. a man delivers hi. money,
the loss Iw not occasioned by robbery ?
Mr. CAMPBELL assented, hot rejoined, that if
the man mom( his money into the sea in come-
(pence, the loss email not be by robbery, nor
would an indictment lie. The throwing the money
into the sea prevehterl also the possibility of /1111
torn, which, though it I.al been discountenauced
and gradually diminished by various Acts of Par-
liament, fkom the time of K►ng William jll.
down to the 46th of Geo. 111. (bring held to
be injurious to the nacres*. of British subject.).
was yet in extreme mesa legal negociation. Under

In this case the Defendant was as auctioneer,
employed to sell certain landed property. The sale
took place on the 19th of September, 1811 ; •ut
of the coodisions was, that the whole of the pur-
chase money should he paid up nn the 94th of De-
cember following. The Plaiutiff became the pur.
chaser, and paid the deposit money, 4351. to the
Defendant, who handed it over to the vendor two
days slier. Subsequently, the Plaintiff not being
satisfied with the title, declined to pay the re-
mainder, and required the Defendant to refund
the deposit. The letter refused ; • bill was filed
in Chancery in consequence, the Defendant put in
an answer that he had paid the deposit to the ven-
dor ; the proceedings were continued in that Court
till the year 1814, in the course of which the
Master reported that a good title could not be
made tint at the time of the auction. Au action
for money had and received was bmugbt by Plain-
tiff against Defendant, tried at the last Leo-
don Sittings, ■nd a verdict given for the Plain-
tiff; but the question was reserved for the consider•.
tion of the Court, whether such au action was mno-
minable.

Mr. Causwat.t., for the Defendant, argued on
three grounds that the Plaintiff had no right to
bring the action. First► because he had not served
the auctioneer with notice to retei►► the money iu
his huh& ; second. that even if he had a right to
an action he did not pursue it in a proper
way, bat should have declared specially ; third.
because he w►ts burred by the statute of limitations.
In support of the first point, lie argued, that at the
time the auctioneer paid the money to the vendor,
no objection could have been made to the title;
and that, therefore, he was bound to pay it to the
seller. He quoted the cases of Borough and Skin•
t►er, and of Edwards and Nodding. 5 Thanatos.

Mr. Justice BAY Ley —" I have happened. Sir,
daring your argument, to find two caves in which
actions bare been brought aguinst the auctioneer.
Since the case of Borough and Sitimier, has it Dot
been determined that the auctioneer is in the we.
tare of a stakeholder for the intuit,, and that he
has no right to pay it over to the seller till the terms
of the contract, express or implied, between them
are fulfilled ?"

With respect to the second point, Mr. Cass.
WELL. contended, that the [Mendota held the
y in his hoods solely on account of the
vendor, for and by whom he had been appointed
to act ; and that therefore, if any action lay .gsieet
hull, it was o special action 011 the case. idly.
The Learned Counsel quoted tl►e cases of &weed
end ((lock, 5 East, Ratcliffe and Warrington.
Vevey. joie. to 'Mew that it was a point estshltalved,
that where a right of action did accrue to a buyer
against an auctioneer, that right armed otoutediately
on the expiration of the term within %Itch► the
ermines, of the title ought to be made out : in this
case, this expiry took place ►n December, Mil:
sold therefore the *fatale a limitat►ons applied.

Mr. Justice B•trt.jy--•• There ia au answer to
that part of the argument. that the Qelendant has
acknowledged within six year,' that the debt it Jut,
in acknowledging that he psi., it to a wrung pe►-
►on ; but we know that the statute of limitations is
founded on the supposition that within eo long •
*pace as six veers the debt has been pod, but the
'teem% lust."
Mr. E. LIMES was about to mantle the Court OD
behalf of the other party, but
The Justics thinking it enneemsory,
delivered judgment. It seemed to Into that the

_

The affidavit not having slated where the report
was made, whether filed of record or not, the
Comm ordered that it should be amended, which
having been dope, the Court granted a eonditional
rule.

11p1A11911 tr. HARIVION,
Mr. Serjeent H•1111110N =owed to, art
verdict in this cause. The action was 'nought ~
recovery of 1961. for goods sold and delivered in
the year 1811, to which the Defendant pleaded the
statute of Imitations. Ou the trial the Defendsat,
went into the merits of his case, and the Judge, ill
charging the Jury. said he thought the Plaintiff
entitled to recover, best his Lordship. in the report(
expressed no dissatishiction at the verdict. Thst
Learned Serjeant strongly urged that justice wool&
not be done if a second trial were not ordered. '
the Court said, that it would be in vain to ..rdeet.
new trip' where the party did not undertake to telm
the case out of the statute of limitations, for
they could do !hot any further proceeding meet bi
nugatory.--Rule discharged.

LOPIZ V. De ?MET.

Mr. Se►jeawt VIUGIII3I crier iu IQ %hews ease*
why the Plaintiff should not be allowed to rutrr up
a verdict on the fourth or tenth coasts of the dram.
mtion in this cause. He argued Oil ground•
legal. sad at couei4enoble length.
The twos remains war foe farther argument to
future day.

We understoodthat M 4 lipoorwee will be
brought up in the Ceert Ifoseg's Finch
morning. to argue the quoities of the legality el
his co eeeeee 'lament under the Speskertiroarrant.
•:s
Sir BIINJAN!N BLORNFIRLR tee bear, epi
pointed to the rasogervhip of the floes, Paris, at
Hampton Court,
We regret to hear that the Right lion. 1-IRNIT
GRATTAN lies dangermarly dl, at Twinshit.ch, p.
that Mn.. GRATTAN ss else us a very bed Soto
Ivealth.—(thhernisur JuerlggA
The Windermere, WlLLuegli. soiled from'
cow for Liverpool on the ithth Ang,,,and LP
la
to repair. having experienced a severe"- the
The Ewa India CostiPoityls Ship
is Seeger amok oilieVileptotobev,
vourehle grind to pivicted op her

.1 impels-ea oy the fatigue aim smiction sue not un- ----•• -••^- • ••- • •• - --'" -- "s" •• role on Richard Peter Smith, en Attorney of
dergoiie. The Whom Prince.* V ICTORI A-A LEI- ',eras of the sea, but the perils of an adverse coast, in Chancery in consequence, the Defendant put in
s
ANDRINA enjoys esceilent health, and takes a car- and the assurers were not held liable, because tlx an sourer that he had paid the deposit to the wen- the Court, to strew cause why the said Peter
dot ; the proceedings were continued in that Court Smith should not be struck off the Rolla pf the
I 'lege airing in the park almost every day. loss was occasioned by means wholly out of con-
till the year 1814, in the course of which the Court. The (*Neon which he moved were these :
' The Royal Cenotaph to be erected to the me. sisleration at the time of effecting the policy.
Master reported that a good title could not be Mr. Smith was Attorney for an individual who was
In the Olaf of Jones and Smell, where the loss had.
r 'Dory of the late Princess CHARLOTTE of WALES made out at the time of the auction. Au action taken into custody under process of the Court, and
a is to consist of • group of nine figures, larger than been peers' dby a mutiny in a cargo of slaves,
for money had and received was brought by Plain-
and many of them, from refusing fond and water, he prevailed on a clerk in his employment to put
the life. sculptured in the finest Purian marble,tin,n. •gainat Defendant, tried at the last Lou. in his name as owe of the bail of that individual
I had died. the cause of lose was held to be wholly
which are in a state of considerable donforwardness lead'in. •d a verdict given for the Plain-
I
from the designs and under the direction of M. incidental, not at all connected with the perils ' I Inga' n . The clerk made a" egids'ilt nester' that be was het
the clerk of Smith. Tim matter teas referred to.
Noroinst which the ship had been insured. and tiff, but the question was reserved for the considers-
I W. If JTT, E.g. The amount of the subscription for r lion of the Court, whether such au actioo was mato. one of the Masters of the Pleas side of the Court of
the
assurers were acquitted of their responsibility.
f this national work was I-2 0001. three !haulm' II five tainable. King's Bench, who reported that at the time this
. ' -ye In other cases, with which he would not trouble the
, hundred of which has hewn expended in its pro- , Mr. Caeswat.L. for the Defendant, argued ow hail was the clerk of, and iq the employment of,
Court it had been held, that I worms. bor ..
. Kress, slid the remainder is in the Imola of Messrs. y three grounds that the Plaintiff had no right to Mr. Smith.
by ruts, were not perils of the ,of the same kind
i DRUMMOND, to be drawn for as may be required.
as those against which the insurances bed been bring the action. First, because he had not served The 'Admit not having stated where the report
effecte
The gates of the Court-yard in front of the Pe- d. In the case of Cullen and Butler, white the auctioneer with notice to fright the money iu was made, whether filed of record or not, the
' lace of Carlton 'loom, home beets open throughout an Euglish man of war had by mistake fired into
his losi.ds; second. that even if he had a right to Caugrordered that it should be amended, which
e the whole of every dry since his MBJ MT'S accee. an English merchantman and sunk her, it was held
an action he did not pursue it it, a proper having been done, the Court granted a conditional
) pion to the Throne, and every person of respectable that even that was not within the perils coutemplat- way, but should have declared specially ; third, rule.
t exterior has been freely admitted to the grind hall ed by the policy. The present I was one of because he was barred by the statute of limitations. RIPIARDS tr. itriaittsos,
to inscribe their mime,, We regret to learn that the same nature Which had not been considered in In support of the first point, he argned, that at the Mr. Serjeent HARRISON =owed to •vet initial.
' improper advantage has been taken of this arrange- effecting the policy, and would not be classed with time the auctioneer paid the money to the vendor, verdict in this cause. The action was 'brought fob.
S went in some few iustsucest several Perseus, who" any of the !moils rgainst which it might even be no objection could have been made to the title; recovery of 1961. for goods sold soil delivered in
- rank in life could not entitle them to such a liberty, and that, therefore, he was bound to pay it to the the year 1811, to which the Defendant pleaded the
inferred to guard the assured,
t having inscribed their names in the book, which isr seller. He quoted the caws of Borough and Skin• astute of limitations. Ou the trial the Defendant
The CHM JUSTICS asked if it was not 'et
every morning laid before his Manger. i tier, and of gdwarile and [lidding. 5 Taunton.
Some of Mr. CAMPBELL submitted that it was not, or at wrist into the merits of his case, and the Judge, in •
these were discovered before they left the hall, and Mr. Justice Baetey—sr I have happened. Sir, charging the Jury, said he thought the Plaintiff
any rate that it was not that kind of artus which
' their names erased in their presence. Since his worth' allow the Plaintiff to recover.) The Rho- during your argument, to find two cases in which entitled to recover, bat his Lordship, in the report •
r Mbiaesrir's indisposition, the bulletin of his health than law upon the subject and the chief comments-
actions have been brought against the auctioneer. expressed no disnotisfection at the verdict. Thd .i
) is constantly exhibited in the eastern lodge, and tors only admitted jetsam in eases where it might ca Since the se of Borough aud Skinner, has it not Learned Serjemot strongly urged that justice would ; '..
f any person is at liberty to see it. been determined that the auctioneer is in the no. not be done of a second trial were not ordered, bas
. •
be necessary for the preservation of the crew and
r At one o'clock on Wednesday, *fen de joie was tented, and the rrmuaiuing part of the cargo or I tune of a stakeholder for the panel. and that he the Court said, that it would be ill vain to order a
fired liy the troops in the Tower, in honour of the stores. It could never be supposed limier any has no right to pay it over to the seller till the terms new trip' where the party did not undertake to take
' KING'S Accession. The Union Rag was hoisted circumstances to he the duty of the Captain to of the contrect. express or implied, between them the case out of the statute of limitations, far uasless
I are fulfilled ?" they could do thet any further proceethiog must be
during the ceremony ; after which, •! God sane the destroy the property of the owner, except for . .
Xing," was loudly pronounced by the soldier., and some such purpose of partial preservation, A I With respect to the second point, Mr. Cass. nugatory.--Role discharged. •
i
t surromirlitig spectators.—The flag was then lower- loss occasioned aro the above had been was not by E IVELL contended, that the Defendant held the LOPRZ T. DE TASTE?. . -.
ed to the half-us at; as it will continue until after peril of the sea or by capture, but by mere dread yin Isis hands solely on account of the Mr. Serjeaut VAUBIIAM came 1.1 IQ sheaf caws 1
i
the obsequies of our late revered Monarch. of capture, which was not a good argument, as the vendor, for and by whom be had been appointed why the Plaintiff should not be allowed to cuter up I.
t to act ; and that therefore, if any option lay against a verdict on the fourth or tenth could% of the derta-
in future. be wider the direction and sole manage- And if toe Court allowed such a method of de-
The Wisterias at Covent.garlen Theatre will, ProPerlY might have been weed, ur re-captured.
him, it was a special action on the case. idly, ratios in this cause. He argued on grounds silkily '
merit of Mr. BISHOP. the composer to that theatre.
struction to hatred property, who could say to The Learned Counsel quoted the cases of &wood legal. and at comae ruble length.
what extreme abuses it might lead. and Block, 5 East, Ratcliffe and Warrington, ISt The can remains over foe further argioment to al . .
I Glass made/tom Straw !—Wheut straw may. he
• Melted into a colourless glass with a blowpipe, The Omar Justice would uot allow such a , was a point es •is ,
Vevey. jet*. to 'phew that •t tbl hed future day.
t tch of the rot t l'be yes. I had been that where a right of action did accrue to a buyer
1 without any addition. Morley straw melts into • ere a -nmen • .
captured. and the only question allowable was, glow of a topaz yellow colour. against all aucitomer, that right veiled immediately We understand that Mr. Hpatiouse will be
an the expiration of the term within %%torch the brought up in the Court of liketig's Bench this
whether or not the loss came within the changer
THE FRANK LIS MSS.—We are requested to
of . . goodoeba of the title ought to be mule out •in this morsiing, to argue the quevtios bf the legality of
a MI by capture r
state, tint the Memoirs of Or. Frangin, published Justice BEST oinked the Learned Counsel. if, an case, this expiry took place iii December, MI; his co ------ ailment under the Spee.kier's•warraut„
' front theoriginal MSS. bequeethed to his K. &whoa, are now a pisiul beilig presented. 9 man delivers his moKey, nod therefore the statute of limitations applied. Sir BIDIJANIIN BLOOMFIELD p's ore hear. opt •
I conspleted, by the publication of the Fifth sold Sixth , Mr. Justice BATLEY —•"rhere is au answer to inted to time eau rats of lbS Hoare Park, at
▪ Volumes, in octavo, sad the public are atkeised to perfect the goes be not occasioned pop by robbery ?
• '
their sets without delay. 'Phase two V ultowww will be foment Mr. CAMPBELL assented. lint rejoined, that if that part oh the argument, that the !Defendant has Hampton Court.
•I to conlaiii a vast •umber of curious sod urigival Papers, too the man thole Ills money into the sea in come- acknowledged within six years iloat the debt is Jut, We regret to hear that the Right Hon. MUIR
a fner.ely of interestiug suliects. I I I I tbe bb
wiener, tle OM MOO IWI by ro ery, nor in acknowledging that he pail it to a wrong per- GRATTAN lies dangerously dl, at Tona•hti.ch, p. .
r
I Our readers will agree with us, that to point would on indictment lie. The throwing the money woo ; but we know that the statute of limitations is that Mar. Gare-rao is else in
ma
bervery b.. :so. Notes
it
founded on the supposition that within ni long • health,—( Hibernia,. Jaerwal.j
out any Meals, of sllesieting the e' Os to which we into the nes prevented also the possibility of rim-
*pace as six years the debt has been paid, but the The Windermere, Witi.l.oll% sailed fru,
I are ralyeel in this transitory tile, is a duty we owe no each som, which, though it hail been discountenauced
I other. 't Ile -following invention we elteerfoity recowgiend aii au,. igradually diminished by various Acts of War- teeenn lust." cults for Liverpool on the 48th Aug, ,and put
°sic which say prevent a recurrence of the evil, vie wet "me 1, ~ . Mr. E. LAWES was about to adilme the Court oo to repair. hawing exp., ieneed a oevereiiilelos the ht.
I feet. which has deprived the nation of one 4, its brightest u teem toe time of Kong William IH.
The East India CoutiVegihip •Srierteillaiss
oftiorlielilq, and which nisy be prevented by the iageosioise down to the 46th of Geo. ill. (being held to behalf of the ether party, but
The CHIEF Junta' thitiking it unnecersary, iii Stinger Moo& the lOW
' sad ameto-adonired Memnon of rue Patent Roos sad Shoes be injurious to the totems*. of British subject!). . -
with Wimiehusie entes.—Otes ddrsrtisswent4 ' was yet in extreme mesa legal negotiation. Under delivered judgment. It seemed to him that the veurable wind to proceed ea tier vorsieto ' )
C. • • • . . . .... _ . . . . - •

SOW4TIIIIIST.

,ERS.
. busses hare been broken
Keusington, &c. in consequence
ems ou the alert to disco.
night a gang of three of
lull, and yesterelsy they
Ir. Picnic. Mr. Aketek-
ingistretes, and respect.
evainieati
names as Robert Hall,
,Wiled loitering about
♦raulNgina on Thum.lay
4elonan, and William Fre-
watched' them from High.
`urupike chore to the
from there they NM.
i'ltillinture place, and then
-ing no doubt but that
of the houses, Frewin
watchmen mine to their
back (rout of the houses,
they found they had been
fossil some implements
Ise. It was then about
implements of housebreak.
consist ing of a carpenter's
a steel for striking a
of liver to quiet dugs
.ensiogtsn•agosre, stated, that his
londay sight ■nd the
his library had been

thew With • ce•U•
his shutters its their forced state, •hell
had furnterly been a carpenter, was
the stuck and centre pieced ~pull the
Item and were found exictly to fit.
es with the centre pieces, which tape.
,itisuut scarcely bring heard. The
l'bey were committed fur fur-

Lyon was charged with highway or street-
,
Mr. Charles Fiel.li of No. 27, Thowus-aireet, Commercial.
sad, Whitechapel, stated, that un Thuarday evening, about
. quarter past six o'clock, as he was crossing George-yard,
Whitechapel, the Prisoner ran violently against him; he
endeavoured to let him pass, but he tumid bins pressing very
hard against his Ii ft side, and is the attack the P. homer was
assisted by two or three other men, who forcibly kept his
left arm up, and his hand cud arm were so secured that he
tonlii nut use either of them, when the Prisoner inatehed
li. watch (ruin h. ~, nod ran away with it up Grange-yard.
He pursued hint, and called "Stop thief r sc.:. when he
was attacked, to prevent his running, by the Prisoner's cons.
pinions, who attempted to knock him down, when he
gave up the pursuit for fear of being ill-treated.—
Me had no doubt of the Prisoner's person, as he had •
pelt et view of his face from the light of a wine vault. This
was a material point to decide, as the Prisoner was appre-
meted in a very extraordinary manner from among the
itectaturs its the office, listening to the proceeding which
-Sieve then going no, of the Prisoner's brother, Isaac Lyme
iseing fit company o ills Joist, Jacults and Michael Jacobs, its
picking pockets in a most daring manner, in the Strand--
Ilse Prisoner was committed.

..7. John If7sctbrooh, Jahn Iliarphy, and Joseph Darting, were
Charted with lareakint: the shop window of Mr. Maclean, a
ir atchutaker, in MAy's.buililiugs, St. Mariiies.lane, wish in-
lent
to rob the shop. They were detected in the act, about
tot o'clock on Thursday night, when they bad forced a
at of glass out .—They were cuno.iittad for (wither causal.
lion. _ . . . . . . .

Sarah Farrell and Aaae Farrell were charged with being
utterer* of forged Bunt of England notes, to Mr.
ad, pawiihroker, Mr. Randall, of the Hole-in.the,
)7,111, Chancery-tare, and several utbers.—They were com-
mitted fur felony,- examination.
John Swill., alias West, was charged with uttering a
101. forged. Bank note to Mrs. Anne Appleby, a hosier and
glover in Parlinment.street, liftutniinstet, iu the purchase,
pf goods to the amount of 21. I7s. Among the goods pur.
chased were gloves, Slid it was difficult to And any large
ugh. It was dacutt to get change, when be desired the
to he sent to the Green Dragon public house, in ice-
iyn-street. The note bring discovered to be • forgery, a
-.noble was sent with the man and goods, whom, no doubt,

•. • •
111111•111111111.11.11.11111.41111
PULteE.
• •
MUSE. EIR EA IC EF
Poe mom time past a ennsber of boa
open in Pimlico, Chehalis Kensington,
the patroles and watchmen have been o
err offenders. ttu Thnrsdiy nigh
them weer apprehended at Kensington,
nweerwent as examination before Mr.
Icy, the Magistrate, several other Magi
able inhabitants attended the examine.
z The men charged gave their Dam
07,,r0• Vag, and Julia Francis.
'111.• Prisoners hail been seen and sal
tho town and •eighbourbood of Kews
night, by Joseph Coleman, a watehmat
*So, another watchman, who watches
street, Kensington, to near the tut
Call enclosing Lord Holland's park,
ed to the bark of the houses in Millie/
Mae emend to the front, when havin
they were 'cuing to break open one of
swims Lis rattle, and several other we
assistanre, when on examining the back
their suspicions were confirmed, as they
attempting the house No. 214 and font
el housebreaking close to the house.
loslf-pask one o'clock. Several impiety
hg were famed opera the Prisoners, cons
lck with Iwo ceulre•pieres, a chissel,
light, a piece of can.lle, and a piece c
from barking.
Richsrd Chace, F.ssi of Kensington-sr
house bad bees. broken open oo Alt
shutters of the window leading to I
. furred open by boring sixteen boles i
piece. He produced his shutters to the
• Lark, thee patrol, w Ito lend formerly t
galled is., when lie tried the stuck and 0
holes bored in the shutters, and were
Ideals° homsl other holes with the cells
ratios was pesfsosn•sl without scarce'
Prisoners are old offenders. They wee
fiber escamination.
Joseph Lyon, was charged with
robbery.