The British Press; or, Morning Literary Advertiser.
London, England, 1818-06-27 00:00:00

LAW INTELLIGENCE.

COURT OF CHANCERY, Ltmoomes his,

FRIDAY, JVNL 48,

CONTE3IPC OF COIIRT—CLANDESTINE
I : MARRIAGE.
ANY WADE, 140te BASELEY, by her next Friend,
r. lI•SELNY, SCRUTON, Wed OTHER:.
The circumstances of this case are already be-
fore the public. It will be recollected that tlm
Plaintiff twine eloped with the Defendant, her pre-
sent husband, and that they were married at
Gretna Green, and afterwards at Edinburgh, in
the face of an injunction of the Court, for *kelt
coutempt the Defendant was committed by the
Lord Chancellor to the moody of the %Verde° of
the Fleet Flirt's). The Plaintiff became a volun-
tary prisoner with lion. vtid is now the mother of
two children, and has lately attained the age of 91.
Sir ARTHUR PIOGOrT this day stated, that he
moved, nu the part of the Defendant, that the
Master's report might be confirmed, and that a
marriage settlement might be executed according
to the report, and that the Defendant should he
discharged nut of the custody of the Warden of
the Fleet Prison. He (the Learned Counsel) did
nut think it was necessary fos him to state the
report.
'lie LORD CHANCELLOR—" I will read it, Sir
Arthur."
After his Lordship had perused it, he said, " 1
doubt whether it is the usual order that the De-
fendant should be discharged from custody, ou his
giving an undertaking that he will execute the set-
tlenteut ; I think he can only be entitled to it after
the actual executtnit of the deed."
Sir ARTHUR. l'lntluTT—" I beg to bring to your
Lordship's att •iition one of the items of the re-
port : the Master allows the. sum of 1,500/. to pay
off the debts of Mr. Mondry. He wished the Re-
gistrar would 'make a note that it was to he paid by
iststaltnents of 3001. per annum for five years."
The LORD CHANCELLOR—" Out of what fund
is the 1,500/. to c e?"
Sir ARTHUR PI000TT—" Out of the income
allowed to the Defendant."
The LORD CHANcEI.I.OR—" Take the order;
but it is not to take effect until the marriage settle-
ment executed."
Sir A. I'IHGOTT—" If the order is granted on the
Defesidaist's undertaking to execute the settlement,
and lie fads in the performance, he will be again in
contempt."
The LORD CH ANCELLOR —" That certainly
would hr the result of his non-conformance ; hut
can you tell me if it was the case where we could
find him ? He might put us in contempt, and it is
my duty to guard against such all event. 1 know
but oue instance where a similar order was granted
on nu undertaking, and that was the case of att
officer in the army. whole commission depended nit
Isis joining Ina regiment immediately. Are the
trustee* to the settlement ready ? for if they are, it
makes little difference as to the specific words of
the order."
Sir A. PIUGOTT—" I have not got the names of
the trustee. in Court, but they shad be laid before
the .taster forthwith."
The LORD CHANCELLOR—" That will do; take
the order as I have ; •ed it, to take effect
after the esecutitm of the settlement. I think it is
the heat thing 1 can do fur this young lady
tinder all the circumstances of the case."—Motiou
granted.

The Earl of LAUDERDALE and Lo►d KIRNAIRD
to•,k the oyth. to qualify them to vote fur the
election of the Scuts Peers.

COURT OF COMMON PLEAS, GUILDHALL,

FRIDAY, JUN? 26.

Sittings after Term, before Mr. Justice PARC,
acid a Special Jilt y.

PALMER and ANOTHER tr. BIGNOLD.
Mr. CAMPBELL opened the pleadings. This was
an action on a policy of insurance, brought by the
PlaitititTs, who are assignees of a bankrupt, named
Wistriegrave, against Mr. Bignold, the Secretary of
the Norwich Insurance Society. The declaration
set forth, that IValtlegrave, on the 14th of January,
1817, took out a policy of insurance, which was
executed by three of the Directors of the Norwich
Society, for 1,51t0f. on his household furniture.
weeritig apparel, books, plate, and ou the dwelling-
house, 93, Bishopsgate-street, and the Bull Inn,
adjoining thereto, •and commuiticatieg therewith.
On the 9th of March, hi the same year, part of the
property insured was destroyed by fire, hut the
Norwich Society refused to make good the loss.
The Defesident set up the policy and the regula-
tions of the Society in bar to the Plaintiff.' claim—
and lie also 'pleaded several plea.: Ist, That the
slid premises did contain a pipe-stove ; id, that 110
notice was given of there being a pipe-stove on the
premises; 3d, that the dwelling-house was not in
Waldegrave's occupatiou ; 4th, that he had no in-
terest therein ; sth, that the premises were not ac-
curately desert bed ; aml. fish, that the property in-
sured was nut accurately described.
Mr. &deem LENS said, that the Plaintiff% sought
to recover, by the present action, the amount or a
Ines sustained by a lire which broke out iu Mr.
Walliegrave's premises, on the 9th of March, 1817,
by which damage, to the amoutit of 9171. was oc-
casioned. The present case could not occupy much •
of their time, since there was not the %flintiest idea
that the fire had been wilfully occasioned. Ile
thought the Secretary of the Norwich Society had
set up thr most ungracious defence possible—but.
he hoped, the verdict of this day would teach the
:Norwich Society to imitate the course pursued by
the Insurance Companies in Loudon, who never
.refused to pay their policies, unless they had the
most cogent reasons to suspect some nadir (feeling.
The Learned Serjeant then adverted to the (lit-
*rent pleas set up by the Defendant, and ob-
served, that he would disprove every one of them
by the most incontrovettible testimony.
Samuel Waidegrave deposed that he had kept
the Bull lull, Bishopsgate-street, for near twelve
years. Ile became a bankrupt in February 1817.
tie occupied the food house, No. 93, Bishopsgate-
street, which eilititied the not, and communicated
with it. The furniture, %%eating-apparel, books,
plate, table and bed-Intro, china and glass, con-

timid to b.: his pl.:petty down to the period of tie
I fire. lie knew the Defendant, Bignold, who,
about two years ago, when he was at Norwich.
pointed out to him the adi.intage he would derive
by inswing in the Norwich Surietv, and wished
him to effect a policy there. Witness, up to
that time, had 'Hunted with the Sun Fire-
(Ace. When the Defendant came to lire in
town, he again premier' nititess to insure in the
Norwich Society, observing, that he conld then
have no excatae for refusing. Witness said, when
his policy with the Sun Fire-office hid expired, at
Christmas, he would insure with the Norwich 5:.-
ciety. After choistmar, Ilignold called to him se-
veral times. They talked together about the de-
scriptimi of *be premises. An idea struck writhes%
that. as there were two houses, there ought to he
two policies. This he communicated to the De-
feudasit every time he saw Defendant said,
" lie knew the premises well—he had been up and
down the passage seyeral times—the premises were
one and the same, haring a regular communication
--and lie felt no hesitation with respect to wit-
ness's effecting a policy." Willie's went with him
to his office, the policy was effected, and lie paid
Defendant the premium. Defendand said, the po-
licy must go down to Norwich to he signed by
the Directors there. The policy never was returiled
to lion--atid, after the tire, when he applied to have
his loss made good, lie was met by a refusal. After
his bankruptcy he continued to reside at the Bull-
ion. On the Morning of the 9th of March, a tire
broke out in his premisra, which consumed part of
his furniture and effects. The Defendant came to
his house in the forenoon of that (lay. The foreman
of the Norwich Office afterwards came, by Defen-
dant's 'direction, tit lock up the damaged goods.
There never was a pipe-stove on his prem'ses.

Cross-exastined.—Witness's ingot-ince with the
Sun-office expired at Christmas, 1817, and lie
effected the policy with the Norwich Society in Ja-
nuary, 1817. He insured with the. Sun for 1,500/.
odd, and to the same amount with the Norwich.
Hip°ld knew the premises, as be had often slept
at the inn. He never mentioned to witness that
the premises were not properly described. I"s'ittless
never saw him since the fire. Ile heard that the
policy
.had been withdr iwn on account of the im-
proper description—but lie did not know the fact
himself. He sent his clerk several times for the
policy. The answer he brought back was, that it
had not been returned from Norwich. This mes-
sage was broulst back, at least three weeks or a
month after the policy was effezted. There were at
the back of the inn a range of stables and a coffee-
room. There wire two coach-offices, one under the
front house, and one at the init. One of those
coach-offices belonged to liOn, and one to a Mr.
Marsh. He did not know that in the latter there
was a pipe-stove. He heard it said, five or six
years back,. that there was—but lie never. saw it.
l'here was no internal comintinicetiois between
Marsh's coach-office and the house which witneu
occu pied.
Mr. Cockerill, an appraiser, shard, that the da-
mage done by the tire amounted to 7191. 16.. ex-
clusive of the wearing-apparel that was destroyed.
Mr. Serjeatit COPLEY, for the Defendant, said,
those who knew the character of Mr. Bignold,
would feel with him, that he was quite incapable
of defending this, or ally other action, if lie did
not believe that lie hail a good and valid plea.
which his duty direc,ed him to place out the record.
If, therefore. the defence which would this day he
set up was not a good one, it arose entirely from
mistake and misapprehension, mid did not proceed
from any wish, on the part of the Norwich Society,
to refuse that which was just and proper. As to
withholding the policy from Waldegrave, the Jury
would find that there was no impropriety in the
act, and that that individual had nu right whatever
to complain. By the terms of the policy, if a
pipe-stove were on the premises, it was considered
an additional ri.k, and • higher premium was de-
manded. It was admitted, that an agreement was
entered into for effectiug the policy—and, when it
came up from Norwich, a person from the Office,
who was conversant in these 'natters, took it to
Waldegrave's house. On looking over the pre-
misc.,' lie found that they were not properly de-
scribed—and amongst other things. lie observed •
pipe-stove in the coach-office. Now, it was true,
thus coach-office was not in the occupation of
Walilegrave, but still the risk was precisely
the same. It was a risk which required a higher
rate of premium than Wahlegrave had stipulated
to pay. In consequence of this discovery, the
Berson who had the policy took it away (Mr.
Waldegrave then being from home) to have it
altered, before it could become operative. The
messenger left word for Mr. Wildegrave to call at
the office, but lie never did. The policy remained
there to the time of the fire, hut was never consider-
ed operative—and the Society did not think them-
selves accountable for any damage Mr. Waldgrave's
premises had sustained, as the necessary alteration
was not made in the policy. It was for the Jury to
consider, whether, in truth, these premises, con-
sisting of * house let out- in lodgings, a range of
stabling, sold a coach--ffice, with at pipe-stove,
were legally covered by the policy. The Defen-
dant should have been apprised of the pipe-stove—
for, though it was not on Waldegrave's premises,
the risk was the same to the office. It was of no
consequence, lie contended, whether the pipe-stove
was in the house occupied by Waldegrave, or only
in a room adjoining to or under it.

-- Heather being called—deposed, that. about
three weeks before the tire, he called at %Vlllde-
grave's house with the policy. He found the de-
scription in the policy did mit ugrre ,iith the pre-
mises. They were slated in the policy to be brick.
srlseeems they were timber.—[liere the policy
was handed to the witnrs•, who, to the great
amusement—l:if the Court, found that there was no
description whatever of she materials of which the
premises were composed.]
Mr. Justice PARK said, the issues joined in iltis
case were of a peculiar 1111111 fr. Thr 111.1111 nor was
that which alleged " that there wits on
the premises," for which toe reKitlations of Ilia
Norwich Society specially provided. That fact,
however, did not appear—and, even if there had
beau a pipe-stove there, it was very que►tionable,
as the tire had not been occasioned by it, whether
the office acted correctly in taking ad•:dotage of the
circumstance.

Mr. Seijc•aut COPLET.-." It is all a mistake. 1

am ready to let the Plaiiitiei take a verdict For tic
whole." •

Mr. Justice PA It IS • very unworthy de-
fence. Do you wenn to put the parties to the
trouble or fintigiqg another action fur the amount
of the swearing apparel ?"
Mr. Serjeant Cort.Eir—ii No, my Lord."
Mr. Justice Pants-6i You had better snake
one business of it."

The value of the clothe, destroyed was then
proved to be about 174.—IThis sum the assigliers
could not recover, tvearing-app.isel bring excepted
Kurt the goods applicable to the payment of a
'bankrupt's debts.] •
Mr. Serjeant COPLEY now stated, that he could
not consent to pay this sum.
Mr. Justice PARR—" Then let the Plaiiitiffi
have a verdict for 7191. You will put these parties
to the expease of another action, which must in-
evitably be the ca.e. As the wearing apparel does
not pass over to Wahlegrave's assignees, and pin
refuse to pay fur it, a fresh action must be broug.ht."
• Mr. Serjeant COPLIEY" I ant ready to du what
is fair."
Mr. Justice PARE" I will say nothing more
about it. There was no question whatever about
the Plaintiff.' claim. The case ought not to have
been brought into Coen."
Mr. Serjeant COPLLY" Standing here as the
representative of this office, I cannot antler it to be
plundered."
Mr. Justice PARK—" And I, sitt;in.r bete, to
administer the justice of the country, a ill he under
the tweessity of slimming up, if these observations
are carried forther.!'

Mr. Serjrunt CCPLEY-•-." am really In Live
the point to the decision of any gentleinv.ii of com-
petent skill."

The Jury immediately returned • verdict fur the
Plaintiffs—Dainages 7 is!. I W.—Curti 40s.

ADULTERATED COFFilr.

EXCISE-OFFICIE, 4fit, 26.
INFORMATIONS BEFORE THE BOARD OP
COMMISSIONERS.

This (14y being appointed for hearing severid
inforinatious agaiiit individuals fur vrodiutv,
factilitsitri mud artificial vegetable prodirve coft:fe,
the Court was crowded at an early hour. The
cases were as follow:

THE ATTORNEY-GENERAL. agtutzst J. eliALOtrEtt.
Mr. Magow stated the case on the p,irt of the
prosecution. The Defendant. a grocer its the 80.
rough, had beers detected by the officers of 'Exise
in selling as real coffer, which; of coarse moist
have paid the usual duties to the ExCise, a aim.
rims and fabricated vegetable produee, the groat!.
end manufacture of this. coma IV, and Witielig of
course, was not .object to the Excise pluti;.s, arid,
therefore, operated as a baud upon the revenue.
• J. Spencer, an of of .the Excise, was then
sworn, and deposed, tlialin March last he had bent
present when Thomas Lord, another rifficer. had
purchased of the Defendant, at the rate of threes.
halfpence per ounce, stn ounce of coffee, as the
Defendant described it, which, upon subsequent
examination, proved to be a very spdrious material,
contaireing but a small proportion of genuine coffer.
He requested to see the coffee ground, which wag
complied with. He then required to see some of
the parcels of ci ffre aisle!. had been ready ground,
and prepared for sole in parcels of *moaner each,
which he with difficulty obtained a sight of, and
being convinced upon examination, that they are
compounded of apurioua materials, lie seized the
parcels, and affixed the broad arrow to the box in
which they wereileposited.
Thomas. Lord, also an Excise officer, was pre..
sent on the occasion of the seizure. He corrobo.
rated generally the facts stated by the preceding
witness ; and said, that when the preceding wit-
ness asked to see some of the ounce unreels or
papers kept for immediate sale, the Defendant
denied, in the first instance, that lie had any ; but
upon Ilia vuggesting that it was Vdill to dissemble, us
they had they lied beets iiiforinerl of the contrary.
he admitted it mielit possibly occur that he might
perhaps have a single parcel winch hid ;tett:lt:ince
been returned by a customer. and threw, ui a cart-
less manner, a single ounce ready wriulted and in
paper, upon the table. The ufliceri II c
drawer from which he took the coffee, it,
and having strong reasons to suspect it was adult,.
rated, they of course seized it in the King's name.
The coffee thus seized amounted in weight to about
81ha. A considerable quantity, 171hs. weight, of
vegetable powder, resembling coffee, was sl.o seized
in the Delendant'a warehotise by him and Siwocer.
Samples of each were taken at the bow, mid 4iven
to a person in the trade, stained Herbert, to exa-
mine and analyze them.
Joseph Herbert stated, that he was a coffee-dealer
in the Borough, and had on the occasion alluded to
received two samples of coffee, ma: 1:p d one and two,
which, upon analyzing by a process peculiar to him-
self, he had discovered to contain a small proportion
of coffee, compounded with a much greater proper-
thou of another vegetable produce, and *wise sand
or gravelly substance. It was probable the vegetable
produce added, consisted of beans or wheat, roasted
by the seine ;process as coffee usually was prepared,
and ground together with the coffee. The compel.
onion of that marked No. I, consisted Of coffee and
spurious material sirs the proportion of half mid half,
as far as he could ascertain, speliking generally.
The sample, N. 2, consisted of a veg. table pow.
der, 111) pert of ..loch was coffee, but which bore a
taming resemblance thereto, and was used by per-
sons iii the tr dc, fraudulently diiiipseit, kr the pur.
pose of cheating the rel roue ; it also contained*
cousideralile of ,and or erit, whip Is tend-
ed to r • ! weight cl coffee when added
there. • . eurtous compositioii, resembhog cof-
re. s thus imposed iipoi, the ignorant a,.l un-
wary. Nu one but u vet) itaul judge cf toe dif-
ferent species of coffee, could detect the former
sample, No. I ; and the colour ~ad appearance of
the sample, No. 2, was calculated to deeei re any per-
son nut conversant in the different descriesionv of
coffee imported into this country. He *tided, that
he hid been full tacitly years in the cutler trade,
residing chiefly in the Borough., stud that, irs giving
his pittelition to the c xuininatwu, and detection of
spurious coffee, he had been actuated by a desire
to preserve the laws ul )11$ country from being tie.

• •
had not hero occasioned by it, whether ri staling chief]) in the liorougii, and that, iii giving
cleat cotiectly in taking ad.:amaze of the . his nttrittioti 10 tile examination and detection of
spurious coffee, he had been actuated by a desire
leant COrLET—" is all a tuistake. 1I to preserve the laws ul his country from being sta.