The Sun.
London, England, 1809-01-31 00:00:00

LAW REPORT.

COURT OF COMMON PLE?,S, JAN. 26.
TUE CONPANY OF FRAM-WOlni. V.
PAINE.
This was an naion for debt, to recover frovii the
Defendant pfnalties for following his trade of frame-
Work knitter, without freedom of this Company ;
for* having ne4leaed to take 'Up his freedom alter
having served an apprenticeship of seven yeais
to
one Fletcher, aireeman ; and for teaching and in-
struaing a -person in the art,' not being his own
child, without tAking him apprentice; all which
was contrary to the by-lawn of said Company, and
to their Charter,. which had been granted to them
in the Itith of Charles 11. The Plaintiti-;) had ob-
tained a verdia, and it now came before the Court,
upon al-notion for a non-suit to be entered, upon
the grounds that it was contrary to existing statutes,
and was,- in fa&, placing a restraint upon the Com-
men Law'.—Rule granted.

TtILLOCK V.A.TNDLEY: •
Serjeant , LENS moved for a new trial in this
case. He stated that the Plaintiff was broker,
and bad brought his action against Defendant, al-
lodging that two and an half per cent. was, not stt i.
cient commission upon foreign ships, nor so much
as he was warranted to demand by custom ; a ver-
dia had been given for Defendant. He moved for
a new trial,. upon the grounds of the verdict having
been contrary to 'evidence; nine witnesses having,
sworn 5 per cent. to be the customary sum ;''he ad-
mitted some witnesses had been called, who bad
stated, that they did not know of any difference be-
tween charges for foreign ships and others; but
there was also another question which Ito wished de-
tertnined; and winch he stated as highly important
to brokers in general, viz. whether the broker had
any rights to charge commission upon demurrage
Justice LAwitErtct, observed, as to the first point,
that it had been before a ,fury and decided ;:as to
the latter, he said it had become quite fashionable
of late to charge so much' per cent. upon' bUsiness
tfausaCled, instead of estimating it by the trouble
it occasioned, which was, a procedure very objec-
tionable. A case lately cattle before 'him, where so
much per cent. was charged fur tpeaswing =the-
gaily window frames; :apd this charge not being
disputed, he could not interfere; had the frames
been made of deal,
.or cheaper timber than maho-
ptry, it would have been the same per cernage—
there Mr4i neither reason.por justice in. such trans-
aations.—ltule retused.

•
KINGSBURY V. LONSDALE. '
Mr. Serjeant Basr moved the Cotirt for a Rule
to shew cause why the verdict obtained in this cause
by Plaintitf,. should not be set aside, and a new trial
granted. It was an anion upon a policy of insurance
grtnied on the ship Lady 'Warren from St. Domingo
tor England. The Plaintiff's case had been borne
out only by. • Philips, who was the sailing. Captain;
The Lady Warren had agreed to sail - in company
with the Mary, .through the Caicos Passage ; while
going through the Passage; the Lady Warren ran on
the rocks, and was lost. The Captain of 'the Mary
thinking her management 'Very extraordinary, men-
tioned it at Lloyd's immediately upon -his arrival in
London. The evidence of Philips .was completely
eontrudiOed by the lqt.k.bo)k,.anctit was alledged
,that t1,44.1u5s of the ship originated either in her not
being sea-worthy, inextroine negligence, or in her
being purposely run on shore from fear of _ her not
being able to cross the Atiantic.—Ritle granted.

MAWMAN V. GILLE'TT.

Mr. Serteant VAUGUAiI, moved that a non-snit
should be entered in'this case, and a new trial
granted. He briefly skated, that Mr. Mawman hart
employed Mr. Gillett to print Anacharsis, -and. N-
ugent's Dictionary, the paper for which, furnished
by Plaintiff, Mr. Gillett had promised to in::ure, bat
negleaed, and it was consumed by fire. The two
leading questions, he said, were no to be consi-
dered as set at rest, viz, as to the custom of the trade
to insure" and as'to'Mr. Gillett having undertaken to
insure. At the last trial, this undertaking, on the
part of Dei'endant, was proved'; 'At it appeared, that
although Mr. Mawman had 'employed Defendant to
print the works in question; the paper sent in to Mr.
Gillett was only in part Plaintiff's property, several
other booksellers having shares in each of the above-
mentioned works. Mr. Maw man purchased the paper
and employed the printer ; and the other booksel-
lers afterwards paid their respeetive shares into his
hands ; so that, in fact, /he had only the manage-
ment. Upon this an exception was taken, which
he now Urged, whether Plaintiff could recover • the.
shares of the other parties. The Learned' Gentle-
man also urged, as.another objeCtion; that the Edi-
tor of Anacharsis had been the cause of delay, that
he' was engaged by Plaintiff, and that if he had fur-
Dished copy for the last part of the work, as rapidly
as be 41d for 'the first part, the work would have
been finished and delivered before the, fire happened.
From this beinfetred, that the loss was occasioned,
by it reolarity Of Plaintltf's servant, or agent; or'
'any other name by which the Editor might be
called, -while "acting for Plaintiff, and consequently
the loss should not be sustained by Defendant.
?the latter argument was resisted by the. Court,
if Defendant found delay to operate against 'the
safety of the paper, he might have returned it, or
have given notice to Plaintiff to that effect
The rule was then granted upon the'first point.

CftrLD ST&ALINQ IN SC an, AN n.--on Wednes-
day the High Court otiusticiary at 14.:tlitiburgh, hay-,
ing advised the informations ordered in the case of
Ractiael, Wright, convicted of child-stealing,
pt
Glasgow, delivered their opinions at great length,—
Theit Lordships unanimously agreed in finding that
child-stealingis a crime, according to the law of
Scotland, and one that, as often as it had occurred,
had been punished Sentence of death
was therefore pronounced, on prisoner, who
to he executed on,the atb of 11arcli,--liefoie pro-
pouneiug sentence, the LordiJostice tna,dP a
• ntOst impiesaive and eloquent uddress to the uultv-
py N.vormn. All their, LhOsbivs reSeht.:
A 1... w days sioce, as Mrs. of Prins-
,
stif.!t:t, Mileklll,ll,S-10:1fit W,t3 shtinz
•.)11%.: Was, bt.:I4CLI With a tit, ZillLi 101 j;it.o
fine, icy whiLdi her Ming, face, hands, «:t-re !0
hoes.iii,ly helot, tliac she cfich t;le IILXL flay 41
gi OteSt , ;