The Sun.
London, England, 1804-11-13 00:00:00

T. ABRAAAIS.

'• This person is an Insolvent Debtor, who claimed
relief under the Att of July last. The question on
which his release depends, affects not only a large
number of insolvent persons, now in custody,
but many who have been already manumitted
under the Statute, whose release is nugatory
Mould the present question •be determined in this
Court against Abraams. By the MI, an oath is
required from the Gaoler, that the party has been
in custody from the Ist of January, 1804. Abra_
anis, who is in the King's Bench, had been remov.
ed,' Jo that. the Marshal having received him into
the Prison, of which he is the Keeper, subsequent to
Janitary,• his oath was nor taken.
Mr. MArtItYATT,OO behalf of the Prisoner, said,
that although the Marshal. was required by the
Aft to swear as to the time of the party being in
custody, he was' only to make oath to the hest of
his'knnwledge and belief. In 1794, the Statute 34.
Geo. 111. was passed, when'the case of the King T.
Jones, in the Eighth Term Reports, page 28, oc.
eurred ; and it seemed that the opinion of Lord
KENYON, on that occasion, was against the objet'
of the present application. The Learned Counsel
took •a view of the first, second, and eleventh Sec.
'ions of the late Aft, to skew the .dittiaftion he.
(wren this Statute and the former, and to satisfy
the Court that it was the intention of the Legisla.
ture to relieve D'ebtors under the circumstance of
their removal between the Ist. of. January and the
time of passing the Ad. • •
Lord ELL2Neottotycti.—'l There seems suffi.
dent grouted -to take. the matter into considers.
tion t therefore you may have your Rule to skew
cause." • •

THE KINO MELD AND OTHERS, TRUSTEES
OF DAGgER.LANE CHAPEL, KINGhTON-UFON

HULL.

This place of worship was established as early as
169+, was regolarly endowed, and formrlly lieens.
ed. Until the. year 1,802, it .was a P4sbyterian
Meeting ; it was then shut up for repairs during
nine months, and was converted, into a Society of
the New Jerusalemite persuasion, by the it.:!'r..rioe.
tiun of the Rev. George. Nichalsoni.whose opinions
favoured that sea, This Gentleman, on the ominous
day of the ist April 1803, was invited to lead the
. devotions of this place on a salary.' of thirty pounds
a year, and on a contingent etnolument in ad.
dition tqlthis from the pew-renters. He was in.
formed, at the samerime, by the Trustees, that the
oominetion was only with them, and that the Elec.
tips depended, upon t he. Congregation.
Mr, PARKE said, that a Rule had .been obtained
to spew cause why a Mandamus should but issue"
to these Defendants, commanding, them to restore
the Rev. George Nicholson to the situation of Pastor
of this Chapel. He stated a distinaion between a
Mandamus to admit, and a Mandamus to restore,
'and considered the case of the King w. Jotham, in
the z 4 Term Reports, 575. He compared the ails.
davits delivered on both sides,' and resisted the ap.
plication to make the Rule absolute, on the ground,
that 'the engagement with Mr. Nicholson was
merely for it year, aod'that the term had expired.
—The Learned Counsel added, that Mr. Nicholson
had contrived a sham eleaion, by taking the Con.
gregation by surprize, and inviting them to deter.
mine on his professional engagement with them in
perpetuity immediately after the service. Mr.
N'icholso n, •be said, was an itinerant Autisic,teacher,
his wife kept an obscure chandler's shop, and from.
education and habit he was wholly unfit fur the
duties he had undertaken.
Messrs. Eitsititre and DAMPIEI supported the
Rule at very great length, and they argued fur it in
the case of -the King nr. Blower, in Burrows t 04.3..
They. said, the mild • principled of toleration, were
She glory of this Country, ,and whatever were the
sentiments of this Sea, they were entitled to the
proration of the Law. They.co,ntended, that the
•• Eleaion, instead of being chain Or fialous, was
rertielly competent .and regular,' being made by
the Congregation; whq were the only persons
authorized to make that Election. The ohjec.
tion, against this Reverend Gentleman, as' an ama.
teur in music, was futile and nugatory t. the King
of Israel himself was one of the Sons of liar.
mony, and was the must eloquent Preacher of An.
tiquity.
Lord F,Lottseottoucti,' and the other Learned
Judges, delivered their opinion at considerable
length ; and in the sequel the Rule was discharged.

FIRST SITTINGS DURING TERNI,

cOSS V. W. HAAR ISOM.

The Plaintiff is a Publican ; therofes4iiitPt& the
Defendant, perhaps, . will be bear exphined• by the
following, circumstances : This selion was brought
'to recover the sum of forty guineas, of which the
former_ had been defrauded at a vulgar game called
spinning under the hat.- The Plaintiff had been
decoyed into an Ale.liouse, the sign of the Crown,
in Cbiswell-street, kept by a mannf.the name of
Jones:. Fle found the Defendant spinning a guinea
At this game, with others in the room, The Plain.
tiff was asked to join them at this amusement, with
invitation he complied, antirwas at first sue-
c„,i-,,i, as is uvally‘ contrived by Sharpers to allure
the prey on which they design, to feast. The game
is very sinijle : aguinca is twirled round under the

hat, and the competitor declares heads or tails, and,
if comet, obtains the • prize.' It is so 'managed,
when any booty is contended lot of value, that the
pigeon should twirl the guinea, betatt.e.'the gani.
biers, by the sound of the money, know which tide
i;,.prttented, as accurately as it they saw it. The
method is, to file the guinea ; Nrid if the filed side.
falls on the table, it has a thfati stairtd, if the con.
trary, the money dor. Of this trick the Plaintiff
was the dupe, and he lost at the game the anibunt
stated.
Messes.' GIBBS and MARRYAI*T• detailed the
facts, which wete proved by °tic Chamberlain, who
happened to be present. They said they had many
father witnesses to call, if they should be necessary.
Lord ELLENBOROt/611."" The man appears to
have been defrauded of forty guineas. Ifyou have
any doobtol rthWtiidence, It will be• right to give
the Plaintiff tan opportunity of suppOrting his cape
by his other Witnesses."---Verdict for the.PlaintifF,
421. •
THOMAS LAMB 1,7. JOFiN SIZILAND.

This cause was of considerable importance in
thia great commercial city, where alMosr all trans.
anions for large . tonoutits are connetled with. the
law of Bilk of Exchange. The Defendant being
diStressed .for money, applied to a man, named
john 'Burton, to ,discOunt, for him a hill for soh
Burton said he could not do it at common interest ;
to which the 'Defendant replied, that he would
giVe him fifty shillings for the loan for one month.
This was nut quite sufficient fur Burton ; but, the
latter drew a bill, which the Defendant accepted
for'sol. at one month; in return for which Burton
gave him 471. in money ; thus taking at the rate of
721. per cent. per ann. It appeared on the evidence,
that Burton went .to the Plaintiff, received the
whole sol. and then gave to the Plaintiff the bill in
question.
Messrs. GARKOW and MARRYATI:,, for the
Plaintiff, stated the nature of the transaction, and
said, that their Client was perfcEtly innocent, if
any usury had been pranised, for he, in his Jibe-
rality, gave the whole sot. for the bill to Burton,
Without deddling any interest , whatever. If this
were held to implicate the Plaintiff, all bill neg 6.
• tiations were at, an end; for no man, when he dis.
counted a bili;''cOuld..ascertain, if in the first•trans.
'a Lion in which the bill originated, usury were
praftised. .Many millions a .year were discounted
at the Bank of England, and this magnificent estab.
lishment might be ruined, if
,such a principle of law
were to prevail.

. Mr. -I;1 t3S, in his reply, contented himself
with showing, that the affair in its origin, between
Burton and the Defendant, was usurious ; sad the
bill having been tainted, nu innoce,ce
.of a "third
or thirtieth party could . afterwards restore its
purity.
Lord ELLERBOROUGH, after stating the nature'
of the aaion, expressed himself asfullows
defence in this case is, that usury prevailed in the
original transaaion, and through whatever hands
the' bill afterwards
,passed, this disease .could not
he cured. By the evidence, it does not appear
that the Plaintiff was privy to
.any unfairness, on
the contrary, he paid the whole amount. The Law.
is, however, clear on this point ; that if in the
commencement there be usury, the bill is in reality
void, and cats susport no action. Moller the
policy of the Law be good or had, we are not now '
to inquire ; the principle, however, is this : that if
usury were thus permitted in the first instance, it
might, by a little skilful evasion, he carried to any
extent, without any penal consequences to the per.
petrator."—Verdiet for the Defendant.

COURT OF COMMON PLEAS, Nov. 12.

In the . r
Case of Plasty and Binch, M. Scrjeant
moved •
BAILEY the Court for a Rule to set aside the
caption, and to liberate the Plaintiff, who was con.
fined under an illegal caption, for an alledged con-
tempt of the orders of the Court. The them-
stances of the case were, that pie Court had made
an order for the payment of 7431. by the. Plaintiff
Plasty, to the Illendant flinch, who alledged that
he could not find the Plaintiff to serve upon him the
order. After some time, however, he met hits ac.
cidentally in the street, seized his person, forced
him into a hackney coach, and thus forcibly „con.
,eyed him to the chambers AW a .Mr. Nayler, an
Attorney in the Temple, where he detained him for
some time until he procuted a copy of, the order,
whit') he them served upon him ; and, as the Plain,
tifr was retirink from Mr. Navler's chambers, he
was arrested, on coining outside the door, by the
Officers who had been procured tor the purpose dur„
ing the time of his detention, and carried to a place
of confinement. Now the objco of the. Learned
Serjeant's Motion was, that Mr. Plasty. be
charged from custody, upon the ground, that riei
ther the service of the order, nor the arrest in con..
sequence thereof, was regular in .point of Law.
Sir JAMES MANSE t OLD observed, that it seemed
to him, under the circumstances of the case,,as made
known in an application to hint during.the Vaca.
Lion, that the Plaintiff in this case could nut be
considered as entitled to any indulgence beyond
mere justice. it .appeAred to him, that the service
was legal, and also-the arrest.; and, therefore, the
Court could not interpose to set him free:: but tl4
only way for him to obtain redress was by An a6jo
against the befendant, for the violent detention,
and false imprisonment, which- were certainly,
gal. The Court was willing, however, to have the
merits of the case fully argued ; and, therefote, it
might stand over for the present, and „Mr.... Bailey,
in the mean time, might search for eases, and try kl
he could tied any in which-. the Court) had set any
person at libistr who was confined under, similar 4
circumstances. ' '

The Ceaq And Margaret/a; Whalers, from Lubec
tti Lisbon, are 'foundered on the flolderness Coasts.
The Cfilbstes4 If Cork,. from Cork to Ilarbadoei,
is captured and taken into.Gnadaloupe.
At the Public Nice, Marlborough.street, yes.
tettlaY, a malt of genteel appearance, who said he
was tin Attorney, was folly committed on the oath
of itiehattl Webb, a Private in the 31, Regiment
of Guards, on a chola of committing an assault
upon him between eleven and twelve o'clock' on S 4.
turday, While he was doing his duty as =tine! at
Catleton.huuse,

SP .)R.T NG INTELLIGENCE.

FIFE MEETING

iTHORSDAY, NOVEMBER, 1.

. . *
- - The ill. for hunters, i2St —Four miles.
Sir William Er,,kine's bay horse, Young Tob'y, by Tick!,To-by' ' - ''. ' - - .. - , ... .1
Major Austruther Thomson's horse, by Drone ~. A

betting.

•
PU.IO.kY•
The sol. free for any horse cairving last -- Foitr-mile heats.
Mr. 'lt:Thai-Ws bay mare, by Delpini, out of Lucy, by' Flo.
rizel, c yrs old _ . X :
Sir W. hrs}tine% bay borSe, Young Toby -
,- - 3 a
Al r. Simpson% bay horse' - • ..
Mr. Browne's mare, Blinker .' 2 3
- 4dr
6t04 on the winner and in running the second heat to to
1 slt c won.

The Meeting was well attended, and the Race.:
afrord“l good spur:. Ansttuther 'Thomson':;
lox-hounds, hunted by Tito. frnm York.,
were out twice, acid killed three loxes. They arc
allowed by judges so 'be inicrior to none in the,
kingdom.

MALTON COURSING ,MEtiTiNet,
TUESPA

First Day--The Prize Cup, as thing the first o the r,rectini,
was run for over Ouggiaby %Vold, and pas won as uruLr :
Mr. Webb's firindlcd :040 - • ' • I
Mr. Slingsby's Black Dog '. .. - , • '. 2
M;ijor Tophoin's White-Bitch' -
Mr. Noumea liriouleil Dug - ' . • 4

WEDNZSDAY.
Second Day—Sir M. A73stcrinan Sykcs's Foxhounds threw
°War Hourham WOods. No run.

.4 , c,, • = .• • , l' 11 ClitiTlAi". : ,
Third Pay--A Bye Cup was run 16r, and won as under;
Mc. Darlay'‘ Brind! Dog, liars tg....t by Snowbal.:, out
of Dent) -
Mr. Slingsby's Dog
Mr. 'illompon's I)c
Mr. Henry Boynton'h Iltii:
Mr. Perc;vid's

"

~. ,

The,tley w•as so foggy that.there was no sport.
The Meeting has been the larh.st that has been remember;,l
for some years. The accommodations at Smith's trin,
'ton, in every respect 'were 'completely stiod. Sir M. M.
Sy kus, Bart. was thr Yrersi¢eitt.

'THE LATE SIR FERDINI‘ND POOLF's, STUD,
sold at the 14.,:t Newmaiket Ivie;tinr.
, artoop 74.6. R &v.
Kezia; by S,tellltr, covefed by ‘Vaxy '
ieutirna, stster tc) Kezia, iovered by AVaxy
Misvrearn, by, Dragon,. cove tad by ,Waxy
oodcote, by. Mervtor, eo v red 'by W.
Coarse M ' ary by MentDr, coy;.#c.,l by Waxy
Macariai, by Herod, rkut ot ,ratlia
Waxy'-was bottAlit ip.at . -
Hie aftcrw.ods purchx..cd by ?,ir. Wilson.
• r
COLTS. AND fILLIES.
A Chesnut Coltking;;;4 yeart kind, by Waxy, out of Jr
• 1 minrutgneveratattea ,
..A'lSay„iiil;ly, 3 ycpjf I. by NVA:ctk, dam by Furtbuio,
out of Votrby's dati ::-I.R.tricte -
A Bay Eilty, 2,years old, by. Waxy, !out of
n-,lofor thqo„aks, ,
'A Cl.l ut Colt, one year ohl, by 'Waxy, dam by
• Eclipg,,out of.Augebna,•-by Proi)nct •- -
itily-eot, one year okii, by Waxy darn by. FL riut%io,
out of Wortby'li d'arn .
,A. Day .114,, oim.,'} ear i.)141.44.4.:v1rnana, nor or Kefzi,t,
A CI,4•APkIt tinV Xe 60441, 1)Y 1V,4)%4 Out of Wood.
Cote. -

C,t~i u.:.r.

, 1 ;.0
23a

47

• A 114 y Filly, one ytir old{ by Wsixy, out of Mararia,
dam of Mealy, Eater, #cY -
'A Pay Filly, °lie yea; old, ,by,Waxy,..oitt of feplima An
Waxy, own brothtr . Kat by tetlln's•i,‘4l:iiii
Mari , by Herad ; grandam, 44410.,„py
Witnitiur,ny LordCCAulpitin's '
lollowitigtivere.alw ' •
Gaike.rt,

75

IlippOCaMpllS, to Lord. Foley ,
DuxOuri-.lu Lord c. I l cuv,nfousli
hi Mr. litirtiyotNYviki
Trartp.vor, ,r. 150
juekey (late Little Fr:ailky:jiiby„.,lo4).
_darn by l'01)44 foir
of the yEllow*mak. to trio' fiat. Cfaven:
Lord S. S. Chix;ltrater'4l.lo...c.ply (414014 in. tlie. Petty, aoi),
by Sir l'kqer, out of MtilApttuicf, to Ilie.koyal
ince 61 Walea.' • ' t