The Sun.
London, England, 1802-12-27 00:00:00

Lord ELLENtOROUGII said, dud, what Mr.
Gls Es had said would have been extremely im-
portant, and might have been a complete Defence,
for most certainly the Plaintiff could not recover
either money lent, or for his Bill, if the liquor was
given as Mr. Grams. had stated, and that was
proved, but • here the Defendant had pro:nised to
pay-the Bill, by whiciche had adopted the acts of
his wife, and this promise had the effed of an ante-
Ce.dentnuthority from the Defendant to the Plain-
tiff to lend the money and deliver the liquor: But,
if he was: to 'he bound by his own declaration,:
and the Plaintiff made use of it as evidence, he mast
take the whole. of it, and by that he deduEted.
twentY.five shillingi from the Bill.
Verdict for the Plaintiff--;-Damages
,161. Bs. •

DECFMBER

BISHOP Z. HAWKES.

Tuts was an Action for 'Trespass and False
Imprisonment.
The Plaintiff is a Sworn Meter of coals, and also
Superintending- Clerk of. the Office of Coal-meters
of the City of London, which was stated to he an
office of considerable trust and great public utility.
The Defendant is a Coal Merchant, dealing.to a
very large extent. The Plaintiff had the business
of superintending the wharfs of London, according
to the directions of his superior in office,' to see
that justice was done between the• seller of coals
and the buyer, in the•measure of coals; &c., a tat-
ter which was said to be extremely necessary, for
that otherwise the consumer might be subject to
very great imposition. The Plaintiff, in conse-
quence of some disputes which had taken place be-
fore between him and the Defendant, had a special
order to. visit the Defendant's, wharf in addition
to his general authority of Superintending Clerk
and Sworn Meter. He went there on the 18th of
August last, together with _another person of the
name of Donne, another Sworn Meter of
for the purpose of seeing that the men were dOing
their duty, .and after looking.at them long enough
to be satisfied, they were about to go away, but
just as they;were,about to .go, Mr. Hawkes came
out of his Counting-house,. and asked Mr. Bishop
some questions, in a plain but not an angry way,
whether he had done Or not ? Mr. Bishop answered
in a plain way ,also, that he was upon.his Own busi-
ness, orr which Mr. Hawkes said, if he did not go
off the wharf, he should charge the Constable With
him. Mr. Bishop said, he should go when he
pleased, that he was about his own lawful business,
and that he should stay as.long as he thought Pro-
per. On this Mr. Hawkes sent for a Constable,
whci came and Mr. Hawkes gave charge' of Mr.
Bishop to the` Constable, and Mr. Bishop gave
charge of Mr. Hawkes, saying it was charge for
charge. They walked up to the Guildhall, and
went before the Sitting Magistrate, Sir WATKIN
LEWES, *lib dismissed the charge as a frivolimS one.

There was .nOinsinuation that the Defendant's
men were attempting any fraud in the measuring,
or that the Plaintiff'exce'eded his authority in stay-
ing On-the Wharf; the only point made, was, this
was the mere effea of heat, and a mistake into
which heat is apt to carry a man, for that there was
no serious injury done to the Plaintiff.
Lord EL LENBOROUGH observed, it was esta-
hlished in evidence, that the Defendant was a Tres-
passer, in placing the Plaintiff in a state of illegal
Custody, and the only thing to be considered, was
the amount of the Damages. To obstrua,.however
.civil-the manner,l any person 'the execution, of
a duty, cast upon.hicri by law, was a thing by no
means, to be excused, -for we were all interested in
enforcing the law. The
.Plaintiff was on the De-
fendant"s premises, as, by law, he had a.right to be.
The Defendant ordering him to go off, mightrbe'a
right, .a reason, for hii staying, because heinight.
be led to susped that something was about to be.•
transacted, which required his absence ; not that,
his-'Lordship said, is was so, but the Plaintiff might.
be led to susped it, and therefore, lie was right in
staYing. This was not a case for large Damages,
but there ought 'to be something given to mark'the
sense Of the Jury as to the impropriety of the De-
fendant's conduct. What the sum was to be, the'
Jury had alone the right- to determine.
• Verdi& for the Plaintiff---Damages 51..

COURT OF COMMON PLEAS, DEC. !$.

MANNERS, ESQ. V. POSTAN, SEN.

Serjeant MARiIIALL stated, that this A4ion was
to recover some penalties incurred by the Defendant,
on the Statute of UstirY.
The Plaintiff, Wm. Manners, Esq. was a Gentle-
man allied to the noble families of, that name, and
the Defendant, Paul Postan, sen. was a Broker and
Auctioneer, in.Aldersgate-street, but more engaged
in the practice of money lending and -discount.
kg bills. The Plaintiff being indebted to Mr.
Dance in the sum.of ri ii. los. gave his warrant-of
attorney to secure the payment of that sum, and
Capt. LOwe, son.in-law, also-gave his acceptance
as a collateral security. This acceptance, dated
the izth of o.!lober, zBot, payable six months
after date, was indorsed over to the Defendant.—A
few days before it became due, Capt.-Lowe, not be-
ing provided with the money, proposed paying 611.
los. and giving a warrant of attorney payable in
three months, for the remaining Sol. The son of
the Defendant, who is -an Attorney, and who nego-
tiated this business for his father, acceded to the
proposal. The warrant was executed, and Capt.
Lowe paid three guineas as a recoinpenie foi, his
trouble, ind as a douceur for the forbearance of the
Defendant's claim. Two days after this transaftion,
Thomas Gale, Clerk to Postan, the Attorney; wait-
ed on Capt. Liwe, saying, he was ashaMed of the
errand he came-upon, but that the Defendant was
dissatisfied with the three guineas, and wished Capt.
Lowe to execute a fresh warrant of attorney for the
sum of 551. by which the Defendant received 81. 3s.
for the loan or forbearance of 501. for three months,
an interest of nearly 24 per cent. Capt. Lowe, re-
rnonstrated at the exorbitaney of this demand, and
said, if Gale would answer that the Defendant should
take no advantage of him, he would pay the soh on
the Saturday (the next day being Good Friday) and
have. nothing more to do with it. Gale not chaos-