The Sun.
London, England, 1804-01-27 00:00:00

HUDDAAT eV; CRINIsHAw AND OTHERS.

Mr. GIBBS moved tor a Rule to shew Cause why
the Verdict in this Case should not be set aside, and
a new Trial had.
The Plaintiff, late Captain of aihip in the East
India Company's service, but 'AO' now carries sn
an extensive Rope_manufadory at Blackwall, is a
Patentee for making Cables and Ropes, &c. brought
this Aftion against the Defendants, who ate manu.
tafturers of. Cables and Ropes at Sunderland, for in-
fringing upon his Patent.
The Cl:lse was tried before Lord El. INI3 O.
ROUGH and Special Jury in Guildhall, London,
when the Plaintiff obtained a verdiA. The present
motion for a -‘evt, Trial was made upon the ground,
that a part of the machine which is matthial to its
use, as stated in the Plaintiff's Specification, was
not new, but had been made use of by Mr. Balfour
in his Patent.
Rule to shew Cause gaged.

DEutY e. BATNTON, BART.

Mr. Serjeant COCKELL sheaved came againt. a
Rule Obtained-by Mr. Serjeant BAILEY, for setting
aside an execution, and fot delivering up a PromiS-
sory Note for the principaLdebt and expences grant-
ed by the Defdratinr.itind his Attorney to the Plain.-
`tiff, in considlram-ion a the Plaintiff's then aban-
doning the execution.
. .
Mr.SerjeantSo EPHERD and Mr. Serjeant BAILEY,
in moving for the Rule, and in 'reply,- stated that
in this case a judgment had been obtained against
the Plaintiff in default. A writ of
.fieri facia: hat'
accordingly. been taken out, and transmitted to
Chester, to be executed against the Defendant, who
resided at Lancaster. Without proceeding, how-
ever, in the regular course, and 'knowing that the
Defendant was in the course of serving a writ of
error on the Plaintiff, his Attorney at Chester, ap-
plied for-and obtained from the Clerk to the Under
Sheriff of the County, a warrant against the De.
fendant, not in the regular course of bu,iness, but
late on the evening of a Sunday. This warrant was
immediately sent off express to.Lanc3ster, and was
executed against the Defendant on the Monday morn-
ing early, before the arrival of the post, which con.
veyed the notice of the writ' of error. In order to
avoid the execution of the writ of
.fieri facias, and
to prevent the goods of the Defendant from being
sold, the Defendant and his Attorney granted the
Promissory Note in question. The writ ought to
be set aside, and the Note delivered up, the Learned
Counsel contended, cn three different grounds : Ist,
The writ of error in this case was taken out on the
r 2th, and the writ of feri farias was not executed
t.ll the morning of the r4oh, notwithstanding all the
precipitancy which had been used. Now, it was a
point well established, that though a writ of error
was not sufficient to throw the party into contempt
till after b)tice, yetit operated as a thpersedeas from
the moment it was allowed. 2d, Pie warrant in
this case...had,heen precipitately granted, having been
Obtained on, a Sunday eveoiug, without the know_
ledge. of the SUb-sheriff, who did not know that
such warrant had been issued, and had not seen the
writ of fer/ facia: till the writ of error was intimar_
ed to hint.
.3d, Although it was necessary that a
mandate from the Chancellor of the Datchy of Lan-
caster should have preceded the execution of such
writ, that !mandate was not obtained till alter its
.execution.

Mr. Serjeant CoCXELL and Mr. Serjeant BEST
contended, that the Rule applied for ought. to be dis-
charged. ,The Defendant had suffered judgment to
gu against him by default. He had afterwards con.
fessed the debt, by entering into a Promissory Note
with his Attorney for the amount, at the time when
his goods were in execution for the debt ; and it ap-
peared from the affidavits for the Plaintiff, that the
Defendant had then positively departed from any
advantage arising from a writ of error. They main-
tained, however, that the writ of error was not
founded on any substantial ground, hut was merely
calculated for delay. The warrant had been regu-
larly granted by the Clerk who had been in the
pradice of issuing them. The Plaintiff, at the time
of executing the warrant, had no idea of any writ of,
error having been applied for; and it appeared from
the ffidavits produced, that the
mandate of the
Chancellor of the Dutchy might be obtained either
before or after the granting of the warrant.
The Court were of opinion that writs of error
were not to be encouraged; arid that, where no ob-
vious irregularity could.be shewn,' full weight ought
to be given to the proceedings.: The mandate of
the Chancellor of the Dutchy appeared necessary
wily for preserving his authority, not as essentially
requisite for the execution of the writ of a Superior
Curt.
matter of praftice however, they
wished
:'rnls6'l4?'l'eli e
plicit evidence titan the affidavits
before the Court afforded.

enlarged, and addi-
tio
'nfahle Rule
affidavits
the Plaintiff teeing at liberty, in the mean time, to
17aslioawcecd accordingly in
ig ielfid by both parties;
, le
proceed to recover under the Promissory Note, at
his own risk.

FORTY THOUSAND POITI4))S.—There being two
Prizes of 20;oceal. and only iGur days more to draw,
the first.drawn 'Picket to-morrow morning at nine
o'clock, may be intitled to .1.0,0001. ; (zo,ocol. it is
certain of.) An event somewhat similar to this ii3p_
pened some years back, on, the last morning of
drawing :—The last-drawn Wicket was intitled to
1.0001. and there was one Prize beshles of 1,0301.
in the Wheel, which fell to the last-drawn Ticket,
and as such was intitled to 2,0001. The fortunate
proprietor was a farmer at Islington.—This is an
undoubted fat.

Twenty Thousand Pounds will be a pretty break.
fast for uhoever gets the first-drawn Ticket to.
morrow ; but should the bolder of a Ticket miss
the breakfast, he may get Twenty Thousand Pounds
for dinner; for there -are two Twenty Thousand
Pound Prizes : one that must be drawn the first
Ticket to-morrow, and the other, in all probability,
soon after. In fad, they may both be drawn in
the same Ticket ; for the first drawn Ticket, whe.
cher Blank or Prize, is entitled w 20,0001.

The FirstArawo Ticket to-mnrrow morning is
sure to be:wortii Twenty Thousand Point& at.least,
even if a- Blank ; but it is possible to be worth
25,0001. or even 40,9001. fur the Wheel is im.
menscly rich, and the Boating zo,oool. Prize 14 as
likely to be the First.driiwn Ticket as any uther.—
Tickets or Shares to obtain thi3 desirable obj:_•tt,
are selling at AISH's Offices, 4, Cornhill, and 9,
Charing-Cross, -where Capitai Prise' this Lottery
have already been sold; shared, registered, and paid
on demand.