The National Register.
London, England, 1823-02-03 00:00:00

MILNE V. GRAHAM.

This was an motion on a promissory note fur 4901. of which
tht plaintiff was indorsee.—The Joey found a t erthet fur the
Mr. Chitty moved to enter a 'topsail, on the ground that the
bills which had hecu drawn in Scottind, wan nut recut treble
in England, under the surtute of the third if Queen Anne--
The learned counsel contuuled, that the pluimilf by the act
could only recover upon the promissory 'solos slid bile of ex-
change drawn in England.
The Lord Chief Justice asked if there was any thing in those
statutes which cordined actions to notes made in Englaisd.-
111sny actions were brought upon hills made iu France.
Mr. Justice Hutto.% tl.-- -The object of the Mande was to put
all protoisaury note§ 4.0 a looting a Ith inlaud halls of tl).i.ll,lllgv.
51r. Chitty *aid cone doubts had arisen upon the porn( be
VI I brought before the Court, end it was inieUriat.l it should
lie Sall, Lt.

Judge Ilest.—After n !tractive line been long established, it
it impiirt.iiit it should nut lir um,. tilt il.
The bird Chief Justie.... -I du nut find the stellar t f Anne
is cuoili,ird w nines ciatle w LiNlinitt, and therefore I du uut
her uhy it should slow lists. Ilia% trirruw sLope.
Judge -This is a remedial act f r the benefit of trade,
and should r.-reiwo thr Ihrge4t pus..ible comitriietion. There
is au/thinA to male the Scotch promissory uu4e flitter aim bids
wade in fing!niid. Auld ram....
Tl4l CIUsT.
_ _

The defendant, wlso keeps a bookseller's slop near St. Se.
pulrlrr.: • Auto: , wa. , tilled on, at Ike risior‘ or Lb.: Court, to

M NAT:

XAt; 'REGfSTItit

Mrs. Scarlett now applied for new trial*, cm the ground of a
deficiency in the evidence. Tbe defendint, by an alleged con-
finance on the pant of the plaintiffs, had ueeu deprived of se
viral material witnesses.
The Court Knotted a rule to spew cease, on the defendant
undertaking to pay 4901. into Coed to abide the event. He
also obtained rule* in the other manses.
BREACH OF PROMISE OF MARRIAGE.
•
mAcetitinama .5. welt..
This won an action by the plaintiff against the Captain of *
W eat Indiums's, for a hreveli of premise of marriage. The
defendant had given lair written promise to marry the plaintiff,
or forfeit ItHrul., but having r,famed to keep Ihat•promiae, the
plaintiff commenced her action. The promise was proved,
but the defendant set up kat Mrs. Maculae, son was a woman
of indecorous flighty character, else that the promise produced
was not his genuine promise, but one fabricated by the plain-
tiff, he haying signed a blank paper, and handed ft over to her
to fill up, ado an •gratemeet for a house. A considerable body
of evidence wan called, and tile Jury I mod a verdict for 3001.
damages. The cause was tried at the lair hidings in Guildhall
far. Scarleit, on this occasion, moved (or a new trial, on the
ground of eater, wire damages.
The lend Chief Justice, after soma consultation with the
other Judgea, said, if the defended would undertake to pay
1.101. intoCuurt by the end of the week, Mr. Searlett might
. take a rule lo•shew cause.
Mr. Scarlett said, his client could not object to the terms
proposed.
The Lord Chief Justice then slid, Mr. Scarlet might takes
his rule, nod Ids Lordship suggested that it might be desirable
to iustiurt the parties More the time expired to come to some
eceummodution. In the three causes in which Mr. Searlett had
also obtained rules, the SWIM course might be adopted with
agoantage.

MILLER V. Co ELL.

Mri Gurney moved to set aside the verdict in this case, and
to enter • nonsuit. It was au action to recover a seaman's
wages due eleven ►ears ago. The question was, whether the
words uttered by the defendant was an admission that wages
were due, thereby taking the case out of the statute of limi-
tations.

It appeared that the plaintiff amt others were hired to sail
ants boya,:e from Caustic to the Mediterranean. The ship ac-
cordingly went to Abjures, and on the homeward bound voyage
Was lost. might years after, the mute of the vessel informed
thindefeudant who was one of the owners, that several men
welts ready to chins their wages. The plaintiff wax taken to
hitiqanti he was told the plaintiff was one of the men. The
del:Went said, very well ; did be get any mosey of the cap-
tain?. The mate auswerml, Nu. The defendant then replied,
I wary) to my attorney , and to tell him to do what is right.—
, The ,Avilty, under these circumstances, itiund a verdict lee the
plaintiffs.
Mr. Illeeney now contended, that the defendant had not
awls swuti acknowledgment of the plaintiff's claim as took the
sac out of the statue of limitations. The defendutt received
enfornietiou front another, having no huuwledge of the fact
The Court granted a Rule In sliew
DETENTIoN o! sEAMES.

Mr. Plait ntortd for writs of Habgas Ourpas to bting'up 21
persons taken into custody on the 13th instant, and detained ou
board his Msjesty's ship Sewn, without any 'egg cause for
sad. detention.

The Lord Chief Justice.—What is the alleged offence?
Mr. Platt.—They were taken in a vessel 'imputed of swap
gling, and detained, av I am inatractml, without warrants. It
wu the cue or the Badger, a Dutch vessel, which may have
reached, the notice 01 the Court.

Judge Best.—The case of firing on a boat.
Mr. Platt.-11 there is any ground for their detention my
mutton most fail. On the 2111 i instant, application was made w
the Captain of the Severs, to state by what authority be de-
Mined these area, and he stated no authority.
Thetord CLief Justice.—Tbe regular coure will be to take
the :milli.

WEDNESDAY, JAN. 29.

CDARGE TO THE GRAND JURY.

This morning, upon the sitting of the Cutlet, Mr: Justice
Bayley deli shed his charge to the gentlemen posing the
Cranial Jury for the county of Illiddieses. The Grand Jury then
barged moist retired.
INC id. •I NillOW.

The defen4lind, who was called on his recovisance on a tor-
ture day, and did not appear, came into Court this morning,.
suit pleaded to an iodictwent.
The Court postponed the further hearing of this argument, nn
account of their Lordships being called to the Exchequer
Chamber upon a question of forgery, reserved for the opinion
of the Twelve Judges.
THE KING 0. NETTLEFoLD MID *ALL.

Me, Stoehea algid, that be mused to diaclsurge the defendant'
trom piinon. They were convicted un au indictment for con-
spiracy, at the late Norfolk Makers. The ground on which he
mused their discharge was minikan alHdavit of the gaoler, that
nu indict had been given for hrliking them up fur judgment.
The Court granted the Hale Mei.

Aker brariog • few nhurt suctions, the ,lodges atljourucd to
tire lixclo quer Chamber, al el, r rn o'clock.

FNIMAY, JAS. 31.
1-NI. KIM. V. SALMON.

Mr. Campbell moved far a Ctrii,ra. i, to rt move an indict-
ment al mu..t the defendant for perjury found e4l the Old Bailey
Ses.i.ins. The lilleged perjury motto out or a transaction re-
ap, elm.; the beelike of Columbian Ronda. The defendant *ss
de,exibed to he a merchant of ',real respectability, in the City
of Loudon. The motion was made up's' the affidavit of the
defendant, setting forth, that he terily believed, nue or more
important points 'mould arise on the trial or the iedintiment, and
consequently that it vivo desirable to have the indictment tried
au this Coml. --Rule to drew cause allowed.

• -•-• • - --- - - . . --.-- a.
I-p islead to an inforitation bled against him ra-ejlais Isi do At. IREGIIMTION tstandcfMl4l UV nuts.
torstey,Geeral, for selling •• Palmer's Principles of Nature." The Lord Chief Justine intimated, at tie sitting of the Court,
He appeared, and pleaded air platy, and gave hail. Notice that it would be to the advantage of do public, to Year egjo
iof trial was given bins for the oill i l lill iti hOIitIOU ; after which one Counsel in die arguments against rules for new trials. It
be obtained a -eopy of the iutormation sad left the Overt ac- I was not intended to deprive Counsel of a reply in all eases.
I coluivaimied by his sureties. I but in general the arguments yro and cos, might anther. Saab
weintraleite, Jay. 28. it was understood woul I be the practice in future.
•
REYNN.II.I)* V. Mit-ins. 1101.1.15 0. GuLUVINGH.
, This was an action for a malicious prosecution.—The teas- , Mils was an action for trestles*, in breaking and mitering the
asetlon arose inn of violent proceeding* adopted by the de- plaintilrs close. The undertakers' of navigation upon a ritual
fendant for the recovery of ground rent, which lie claimed in or new out, Dear 1k incliester, had eomwitted the alleged tres-
respeot of louses in Spa-fields. The cause was hied before passim a hank of the p:iiiiitiira premises. The Jury found a
' the !mid Chief Justice at the Sittings iu Middlesex after last , verdict for the plaiiitill. On a former day a new trial was
Teruo, and-the-Jury found a •erdiet for the plaintiff—Damages I moved, en the ground that an act of Parliament far making
4.141. i the canal, which 'taped in 'the reign of Chaska the Second,
Two ether indictee were tried, in stitch Mr. Wilson was also I gave a right to the Navigation-Company to encroach upon the
defendant. The -verdict in one was for 1501: damages, and in 1 banks, (or the louri.ose of matting channel&
the other for 601. All the causes were matelot led. I Mr. Gasmen was this day beard at considerable length against
. - . ..

I the Rule.
Mr. Seism who in the ordioary coarse would have followed
Mr. Casette, said, in eerformity with the regulation the Court
had made this day, he should abstain trust addressing their
Lordship*, but at the same time lie could lint avoid feeling
some regret on boding himself the first victim of that revile-
tion.
The Lord Chief Jestioe said, he was concerned to hear any
; -Gentleman say he was the victim of a regulation. On a forsnet
• octet ion the Court, amidst a-pressere of business, made a si-
milar order. The rule wis•'udt'to apply in all cues, but it web
intended to present the Lane arz,anient being repealed mot
• cessarily to the Court, whereby much time would be lost.
Mr. Selvyn said he was induced to make the observation
which his Lordship lied noticed under a conception that he
might have been censured for having surremlered the rights of
the junior part of the Bar, who were mach iutereated is this
eatablishincot of such a reign atioo.
The Lord Chiet Justioo.—l ant wool' concerned to hear wish
remarks, lierause our envious desire has been to allow Janie,
Coattail an opportunity Wive beard.
111x..wrlett remember the occasion to which your lord-
ship alludes. When new trials pressed, Lord Ellenhorongh
I laid down the rule, not as a permanent, but a temporary rnleb
arising out of the necessity of the case.
Judge llayley.—There are now seventy odd new trials.
I Mr. R. Lewes then made a 'few observations, iu addition W
the argument of Mr. eazelee.
'fh:: Lord Chief Justice, in his judgment, again adverted to
the impression which the order'of the Court appeared to make,
There was sot the least intention to exclude gentlemen of the
bar. The Court was always ready to receive the benefit of
their learning and professional talent. On the present Occasion,
toe able manner in which the case had been argued by Mr.tia-
selee, would leave his client no ground to complain that other
Counsel had not succeeded him. His Lordship then reviewed
the points of the case, and decided that the question ought to
go again before a Jury.
Judges llolroyd and Best were bf the same opinion, and the
rule for a Dew trial was made absolute.

COURT OF COMMON PLEAS.
FRIDAY, JAN. SI.
The Court sat at tea o'clock, and proceeded to bear the
causes In the peremptory paper.
tannotticizon V. HARMS.
Mi. Sergeant Vaughan moved, that in this case the rale
should be enlarged on an-alidavit of the defendant. At the
last arwick Assizea, the defendant was indicted for a mei+
once iu keeping a forge at the outskirts of Birmingham. where
many trades of the same nature were established. The de
fendant's landlord supported the case, bet in consmmeeme ott
his attorney stating in Court,against his wish, that the animism,
should be abated, he had refused defend any longer, and on
Tuesday last, the Stith instant, bail informed the defendant
that be bad discharged the attorney ; and that the defendant,
who was his tenant, must prosecute the snit himself Harris
immediately left Birmingham for London, bat the great quantity
of water on the road prevented hiss reaching town till W edema-
day evening, and be now prayed the Court to enlarge &elide,
(lint be might have time to make arrangements with his 'tam-
'Try and counsel. The defendant bad staid the naisaado,
that he might appear before the Court with a good grass, as
the rollers, which it was supposed the beanie's might be ear-
ried on with, had failed.
Court—Let the rate be enlarged far eight days ; till %tiara
day, the tith of February.

COURT OF EXCHEQUIER.
FIDNESDAY, JAN. 29.

711 E ICING V. JOHN WAYTF.
At one o'clock ten of the twelve Judges sat in the Ezeheqeef
Chamber, upcn a point of law reserved for their consideratioar,
in the case of John Wayte, convicted of forging and tittering •
• warrant of attorney for the transfer or 2,9001. sto. k ie the $
per cent. Consols.
Mr. Caincliell appeared as counsel for the prisoner, and ad.
dreamed the Judges i:pon the legal objection. The foes were
these :—A gentleman left his wife, • Mrs. Fitzhugh, 2,0001 to
enjoy the interest thereof, and At her d.ath the principal was to
go to his nephews Stephen and John Cone. Mr. Wayte and
another were trustee), under e will. One of the trustees did
not act, and AV ape, in Conjunction with Mr. John Cote ascer-
tained the amount of the testator's property, which they con-
vened into stook in the Consuls, standing in their joint names.
W ay te then made a power of attorney to Mr. Underhill, his
broker. to transfer the stock. and forged the name of Mr. John
Coate, his co trustee. Sonic irregularity appearing on the face
of the instrument, a cormuunication was made to Mr. Cone, at
Bristol, and that gentleman acquainted the Bank. by letter, that
lie had signed no warrint of attorney for the transfer of the
stock. which was wholly untuthorised on his part. Wave
being put upon his trial at the Old Bailey. charged with forging
and uttering the instrument, Mr. Cole was examined as • wit-
ness. An objection sit,s taken on the ground that COIL. was •
competent witness, because he lied an interest in the destruction
of the instrument. If Wayte was acquitted, it would be a
valid instrument, and Stephen Coxe must lose his interest id
the ))))) leer, or prosecute a suit in Chancery for the costs of
which John Cute would be liable. Stephen Cote would also
in the CUR; of acquittal, have a suit Against John, for breach
of trust. Mr. Campbell contended, that no person standing in
the tainstioll of John Cote could be considered a competent
witness. It might be said lie lied the power to revoke the in-
strument, but that could not he done %siLliout incurring expence
for the stamp, which Mr. Coxe might be desirous to avoid.
Sergeant tiosanquet, in support of the prosecution, contended
that Nlr. Cote was a competent witness. The question was,
witness,wh ether
w'resiro ben ge
mtchleudicTonliiinaLnetminwtausf tglieeniunitneir'eset Crate,
might
hnavtiti in
argument,eliibiixb g
it
which'‘as a
di s ji ls eforgery.dgr..a t legal a llearied S
knowledgetergraiummill.
'Minister 'acquaintance with the afiairs of the Governer a. d

Compaay of the lank of saglsad, maintaisted, le soma to Mr.
Campbell, tint the witness had so interest which ought to dis-
qualify him, arid cossegasedy fist the esseriction mast stand.
The Jadges pre no opiaioa spas the questiou.—Their judg-
ment will b► sent to the Secretary Of State's office. Oa their
deoisioa dm fate of the prisoner mast depend.