The Sun.
London, England, 1809-11-21 00:00:00

THE KING V. WOOL-All3ll, &C.

Mr. HOLROYD moved for a Rule to shew cause
why a Writ of Mandamus should not be directed to•
the Corporation of Great Grimsby, enjoining them
torii.lace William Fraser into the situation of .Town
Clerk of that Borough. Mr. Fraser, had been ap-
pointed to this situation in the year 1807, and had
discharged the duties of his office from
that time, till, on the Bth of August last, being
obliged to go to Yorks be had been taken ill, in
consequence of which he was detained, in Hull for
a few days. The Corporation Meetingi were al
ways held on a Tuesday. On Friday, the ilth of
August, however, .a meeting of the inhabitants was
held, for the purpoSe .of presenting a Memorial
against a Rate tlien fixed for the Borough,' and a
message was sent to Mr. Fraser's Clerk, in his
sence, desiring that the. Corporation Seal might be
sent for the purpose of having it affixed to this Me-
Morial. The Clerk knot ing that unjustifiable arli•
fices against Mr. Fraser had formerly been reoted to
by General Loft, and others, who •were at the head
of this business, refused to send it, knowing that the
'Memorial not being a Corpc:tate ail, the Seal was
unnecessary ; and, at the hem meeting of the Cur-
poraiion, Mr. Fraser was removed, on a .pretence
that he had wilfully • absented himself from hii duty
at the time alluded to.

Mr. Jahtice. LE BLeiNC.---" This was the pretence
for removing. him ?"

Mr. HoLitoYD.--" It was."—Rule granted;

COURT OF ICHQUER, Nor. 18,

IiAI3Y.

This was an #lion onTre-Stat-of 1 3 Anne, ,pro-
Whiting usury, or the taking of more. than .5 per
cent. interest.

Mr. SOLICITOR-GENERAL said, that his client,
Simpson, was creditor to a large extent, of a Mr.
Robert Marris, an Attorney, who was also indebted
to' the defendant, Graby, on a contrast, which, if it
was set aside, as usurious, of course his client would
have abetter chance of obtaining his money from
Mar-ris. In 1803, when the 3 per cents. were as
low as 53, Graby agreed to accommodate Marrit
with a loan of 32101 which was made up by his selling
out as much 3 per cent. stock as brought 1:5001. and
by two cheques on the banking-bowie of Bolder°, to
the ainount of -17101. For the ,use of this sum of
32101. Marris contrakled to pay Graby as much in-
terest as the whole would have brought, had it been.
vested ins pei• cents. -at 53,,.which was considerably
more than 5 per cent. and not only that; but en-
gaged, upon repayment, to return such a sum to
Graby,' as, when vested in the 3 per cents. would
pnrchase as many hundreds of stock, whatever its
price, as the money lent would have purchased
when the stocks were of 53: By this means, said
the Learned Counsel, Graby had gained about 8001.
by the rise of the stocks, besides more than 5 per
cent. interest ; he therefore submitted to. the
Jury, that the contractwas usurious, and ought to
be set aside.

A Mr. E. Marris was the only witness examined ;
and he proved the transfer of the money from to
one party to the other,and the execution of the deed
of contrail, by the late Mr. Hanson, of Lincoln's-
Inn, an 'crinveyancer.
Mr.' Serjeant BEST, for the defendant, argued,
that if this was declared an usurious transaction, it
would be of incalculable mischief. His.client bad
not gained one farthing more than he would have
done, had ac kept 1:le whole sum in the funds.
The case of " Wtiling, 'was exactly n
point. Hero a Person owed another tool. which
the creditor wished to procure, to invest it in the
stocks. The debtor, in .der 19 retain die rnOney,
agreed, at the end of a year, to pay the value in
3 per
,cents. and the interest on the same. This
was ruled. before Lord .Ellenborough not .to
usurious.

The LOH CHIRP-131110N thought the Case cited
by the Learned'Serjeant very much in point to the
present. He had no objection to hear; with the
assiStatice.of 'his brethren, the point of law re-ar-
gued. At present, he. would ptit it to the Jury, whe-
ther they !bought there %. as any thing_on the face
of the deed,?in the evidence, to vitiate it.
The Jury returned a verdia for the defendant. •

3TAIPSON V. 1.14.113 Y.

This was an action for setting aside a debt of
3,2101. due to the defendant by a Mr. Mortis, an
attorney, to whom the plaintiff also was a creditor.
The ground charged was usury.. , It appeared that
the defendant, for the accommodation •of Morris,
had sold out stock to the amount of sot 01. and had
advanced,l7ool, in cash. .111-z. condition of the lain
was the payment *of the Irnerest of stock sold out
at the rate of 3 per cent, as it would, have yielded
the defendant, had he not sold out; for the 17001.
at the legal interest of 5 per cent. and, on the far-
ther condition, at the period of repaying the loan, of
replacing the t snt,J. stock. This, it was contended
for the plaintiff, was
,usurions, in two respects; first,
as the stock Was at 52 when the 15001, was sold
out, so that it 'did not yield a sum sufficient to yield
an interest of 3 per:cent. 3 secondly, that-. the re!.
placing of that stock, at the rate of more than 70,
was an unequal and usurious stipulation.

Mr. Serjeant BEST showed that cases in point, in
favour of the defendant, existed on both parts of this
present claim. The defendant's debt was of course
sustained.

On Sundry
.the .11th ult. in the 74th year of his
age, at his house at Bath, died,' John-Monck, Esq.
late of the Royal Cresent in that City; he was for-
mer)), a Student of Ch. Qb. Oxford, and a Barrister
of the Honourable Society 'of Lincoln's-inn,;but de-
clined his Profession early in life, in consequence of
a defeCt ,of eye-sight, occasioned by an accident. that
happened to him at RoMe, when on his ;ravels. He
was nephew to the first•Earl:of Darnley, whose sister
(his mother) died at' her house (now Holylands.
Hotel) at the bottom of Cecil-street, -in the year
1775, at the advanced age or 85 his father, also,
who was .Attorney-General at Jamaica, in. 1721,
under the theta Duke of Portland, whose daughter,
Lady Isabella Bentinck, his. eldest:nephew, Mr.
H. Monck, 'great-uncle to the, present- Lord Vis-
Connt Monck, married, died at the advanced age of
75, in the-same house. Mr. M. has left behind
him a fortnne áf 130,0001. sterling, 100,0001. of
which he has bequeathed to his second Soh John
'Berkeley Mona, ESE]. of Reading, to be vested in
landed estates, and to be strictly entailed upon the
male issue successively, of all his.children, but in
default Of such issue, then to the heir male* Lord
Viscount Monck, in Ireland. He has thus endea-
voured to restore.to a small.part at least of its former
dignity, an ancient and 'noble Family, established,
says Camden, for fourteen generations at P,ther-
idge, near Torrington, in Pevonshire, maternally
descended trona the Yalleforts, the Champernoons,
and the Plantagenets, and since allied to the noble
houses of. Cavendish and Bentinck, and to other fa-
fnilies of the 'first distillation in Ireland, as well as in
England. From this ancient House proceeded the
Dukes of Albemarle, the first of whom was the
much celebrated warrior, by sea as well as.on land,
the famous General Monck.
The SPEAKER of the House of Commons has issued
_his Writ for the ;Eleetion of a Member, to serve:in
Parliament in the room of G. KNAPP, :Esq, Mem-
ber for the Borough 4Abingdon,deceased.
-On Friday night some thieves tore doWn the iron
railing which .was placed on Kensington. Garden
wall, near Bayswater, to prevent peOplefrOm scal-
ing the same, and carried it off without being di's,-
covered ; they likewise tore up the railing of the
-archways which .were placed there for the purpose
of preventing the swans 'from straying. out of the
Gardens. It is supposed a cart must have been em-
ployed, as the quantity of iron.taken away is Con-

PRICE 0

I'A L L ) \V.

St. James's Market ss. od. -TownTWow 86s. od. -,--s*
Clare Market • ss. 0:i. Yellow Russia 89s. —s.,
whitedittp.Market'ss. ed. White do. 87s. od. os. 000
' per stone.olBlb. -- Soap do. 87s. —s, od. • i
15$: ed. Melting Stull.Bos. —s. 0"'
Average price SS. od. ' Ditto rough 60s. —s. -.---s*
Graves 145. ed.
Good Dregs 545. od. ----
. YelloW• Soap, ions.—Mottled, 1145.—Curd, 1.183,
Price of Candie's per dozen, tis. od.—Moulds 16s. 04'