The National Register.
London, England, 1822-10-21 00:00:00

334

i

L.lll' INTELLI;;ENCE:

cou:cr OF KING'S BENCII.
T 1 OCT. 11.1.

H:CIIMAN V. CRARBE.

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Sit:in.:it boyar. Mir's°,boas Term.
Tho adjourned vi:,ttiv%s briars Ttrat commencer! this 41ny is
the Court of CllllllllOll Pleas, 1.80111
Juttice Ableutt gnu common jw).

fir*SLEY V. DePft.
This case. which has hero already mints than once before the
peblic, was brought on n "ter some undefeuded cattsea had
IL'eu Cone through. It was an antiou against Cie defendran,
wan is a goardian of the poor in the parish of St. Matthew,
Bethnal-green, to recover. 1 penalties of Well. for se mitre!
•Ileged vieletloas of the stat4te 36tle of George ICI., which
enacts, that no orers,•er, guardian, tinslce, or other person ja-
il-Hite I with the care ail management of perennial poor, shall
rva!y the workhouse by contract or for money with any pro-
s i oasis tried by the paupers, ender a penally of !OIL for each
eilentx. The Jury found for the plaintilf and the Court gave
the defendant leave to move in term to ha% anaturiettit entered.
11,1.."1.EY V. PROUGII.
This was an aelioa to recover damages for an assault, cons-
witted try the defemlant upon the
Mr. Seirlett stated the ease to the Jory. The plaintiff is an
auctioneer, living in I.4.ti.l..zes•irtreet, Latent-garden. The de-
fendant is the occupier of Mie Swan !muse, corner of
Mary tared, St. Jaaies's. It appeared from the es idence of
Mr. Weaver, that on a Sunday evening in April last, be was
return:ng reran Chelsea in company with the plaintiff. They
were overtaken by a hasty shoo ar, and took shelter ia the de-
fendant's house. On etifering the top-room they called for a
pit of porter. and Mr. Wenver proceeded to stir the lire with
the putter. The lant.luid just then ent.red, sad abused both
parties for takini, so great a liberty in his house ; hinted that
they were no better Ono pickpockets ; refused to let them
have any Ithesinuent ; and eventually laid his hands on the
pl drain', and turned him into the Street. It was not pretended
I.a. any bodily harm had accraeeldo the phiintilf, but the action
It as ft:onlAt to teach 31r. (Trough (said Mr. Scarlet) that lie
had no authority to turn costumers oat..cf douts, because they
stirred pus lire.
'I his was the plaintiff's case.

Mr. Gurney, l'or the defendant, said he was instructed to
give quite • different account of Cie transaction. fi he were
rightly informed, the defendant was fully justified in what he
bad dune by the condue; of the plaintilland his friend. To
prove this, be called
T•omas Salter, • yoanz hut, who is now an apprentice to a
shaesiaker, bat who was living as servant with the defendant
at the time adds traosaction. Ile stated that one of the ;en-
teman who Caine in lieean to stir the lire ; witness told him his
in.ister would not allow any person to stir the fire but himself.
One of the gentlemen swore at him, upon which his master
ca.o.• in aid romonstrated. One gentlemen then said the house
wa. oat his (the lanillsrd'a); that it tics public-house, and
every person had a ri;lit to come in, and also to stir the lire if
ire wished. (Mier angry words were used, and at last Mr.'
)trough, after tolling the plaintiff to leave the house (without
elferd), put his baud to his collar and put Lilo gently out of
thaws.

Tins waa the der...ndanes ease ; nn3 after Learinq jlr. Searicit
in reply. and hut Lords:l4).a suisimin4 up, ue J..ry se tus..ed a
as:edict fur the drklitlagit.
Wt:IINESDAY, OCT. 111.
TrMWT.I.I. AGAINST WE,T.

This was an action brought to recover the value of a bill o
e.ehange for 2:;l.
;r. Ahrsthana °pencil the cnae.

blr.S.mrlett shortly stated the circnntstanees mit of which
the action vase. 'The bi.l was drawn by Mr. J. NVest, d•ded
Do.king, TJth of Apia, and at two moat's after doe, ou S.
liriclay, Esq. sit hal -pay officer. resident at the saa.e pace,
by whom it "AS accepted. At maturity it w•as dishonoured ;
nit the plainta, ■s he was I pally competent to du, had
eimsen to prozeed against W est us the drawer. .cis
person, however, had resisted payment on the ground that
aiotie: of the dishonour Lad not been given to him until it was
too late for Vie holder to recut•er of hint at law. But it would
tie shown, that in point of fret. 3.1 r. West resided in London,
althintAh nominally In this case resident at Dorking ; apti tat
the very earliest entire poosihle wait given to Mr. West, by
lettere addressed by the holder to hint, both at Dorking and in
Loudon

Several witnesses were called on behrlf of the plaintiff',
wham it appeared that the hill, which was mace pay able at
‘Vondheall and Co.'s in the Strand, and had been en-
drts, d by West to Illoo,rs. Hickson, was ibsbonoured on the
2d of Jnly. It was sent back on the 3d to the bankers at Tet-
hary, through whom it had been p. id to Sir James Esdaile au
Co. in London : and having b, en regularly and witlvnit delay
transmitted through the several bands into which it pre iously
passed, was at length returned to the plaintiff.
The Lard Chief Justke held that siulli.:ient notice bad been
given ; particularly as it took place ua the 4th, for the 3d
h. in.; landay, the law would presume that the earlie,t legal
ian'ic.2 had been trans:a:tied sobseveutly to the dishonouring
of tte bill. _ .

The defence was not gone into; and the jury immediately
found a verdict for the plaintiff--Da.uages 212. Ills. (ioulatting
the interest), nod 40s. casts.

This was an *Minn to recover a eutniteintaline for loss of hire
of a cart and borse,leborging to the plaiatid, and wliteb Lein
been *Mimi with a iittantity of quicksilver, the ;novelly of the
defendant, by whom the coat had been hired.
Mr. Gurney. in opening the ram.. observed, as it appeared
that the goicksilver Lad been arosigielly sziami, the duties
list. i.,g• been duly paid, the tidily go, mishit was. whether the
plaintiff most seek his remedy of the dcitudaut, or of the parties
by whom seizure had hcen made.
M. Hickman, the son of the plaintifT, proved that, in Sep-
tember last, defendant !deed the horse and col belor.,;iug to leis
rather to go to East Smithfield. lie put into thu mat a gre4
uaiiiher of bottles, contaiiiin., as it aro:ewer a api.eared, a
quantity of qttik,i!ver. When witness hail arrived at the
GaAs, an ()liner of the ev.ise came up and desired to see
the steersury &moments to show that the ditties were paid.-
31r. Cralibe told him that he could Soma satisfy Min of that tact,
sod laksng a p: per out of Lis pocket aocompantid the ohicer into
a cooatiorimuse, fitsin which they soon afterwiods (sale out
together, the ',Meer observing. that that would not do ;" and
;raceeded i.ante.!i4tely to stilts the horse, the s trt, and the
ota;cksiltvr. itnessasked it, feadai.t wind be was to
'the (la end at bade him hu home and I e t.w noeter to him ;
r he vi,ald see that his Li'ter's 11,11110 and cart should lie
• ttr.ev• hank in less rise an lion:. This was not slime ; but Mr.
*rinse ratted on wit ness's father that evenin4, and assured liiio
ho auuld teltasearo Hatt the hire of Lora and curt fur the
liele stasii,;:leteAko, should be regularly paid. 1.1,1 s
r 0u..44 hoktiA, iroismik r 2::d the present iteiou was fur
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