The Sun.
London, England, 1811-11-09 00:00:00

FRIDAY, NOV. S.

The, arguments from. the bar in the above singu-
lar and important
.case were finished this day at
twelve o'clock, when
Sir S. RoNtt.t.y, with his usual ,earnestness and,
force, Condo.* his elaboyate reply. Fie Nit the
raew and important case•npon thesrynnds of public
policy, as well as its Own intrinsieMetit.:At-;,was,
not the amount of the purchase-money,,gi‘en by
th4clefer.dant, an Attorney, to.his.Clietn,„the
for
,the presentation to the expe:iancy, hich
then was known to the pnrchaser to he almost re-
duced to a present possession, for one-Sevent h part
of its just value, at a time when six, times that sum
was offered by another, that he most disliked in the
transaction but the dangerous precedent of an At-
torney, under a claim of some favour an prefer,
ence from the vender, his-Client, taking a purchase
on such under Value. The Learned (..,,qmsel said,
he could not charge the defendant's aflida‘it with,
being stri6tly false, but With :being inconsistent and
inexplicable. Without. establishing a mischievous
and most dangerobs precedent subversive or the,fifst
principles of equity and justice, such a purchase as
the defendant here made was not to be sustained in
this Court. The right belonged to the Baron in
. right of the Baroness his Lady, and the several contin,
gencips which had occurred at the time of the con.
trael, reduced it to an almost immediate certainty
what the vale.. ought to be, and the. husband ought
not to be bound by such an .unequal bargain, al-
though the evidence on either side was flue as corn.
plete as h might have been.
The .Loab CHANCaf.LOR regretted that his at,
tendance was now desired .M another place, at a Ca-
binet Council, as he was prepared to give judgment
in this important end novel case but as many prin.
ciples of justice were involved in and connected o, ;tit,
the question on which as pyrlitninarias be felt it his
duty to pronounce his opinion, there was a .neces-
sity for postponing 'his judgment. ;ill the next iiitin&
of the Court.—Adjouined.

COURT OF KING'S BENCH, Nov. L

KERNE V. DOIiMAN.

-Mr. Serjeant Sit EPtiElto moved' fora' rule to shew
cause why, the verdid for the defendant ire this case
should not be set aiide, win new trial.grVecl• It
was an action under the Ael, of the 3tti.Of.Eli-zabeth,
cap. -4, by which persons are prohibited from " set-
ting up, occupying, Using or exetetsing any craft,
mVstety, oy'occopation, then used or uceopied'wil
in the realm of England or Wales.; except he shall
have been brought up therein seven yea's at the
least as an apprentice," &e. The defendant had
lately taken a- mill, and began exercising the trade
of a miller, solely for his 0 ' profit, and adVantage,
liaVine never been brought up to rhartiade.— For
this Offence' an action- was •brought • agalest
which came on to 'be tried by his Lordship at the
fait Assizes. The principal- witness examined was
a person of the name of 'Oret?n, who immaged the
defendant's business as a miller, and who positively
swore that -the profits of the-trade belonged to the
defendant,. though.the witness conducted the- husi-
miss ,and managed all. the. concerns of the mill, in
which the defendant did not at all' interfere. So
much, indeed, was thiS the case,. that Green stated,
Ahat if at any-time the Mill stopped, the defendant
would say to him," If it has stopped, it: is your
busineskto set tt in motion; Ido not understand it."
• His Lordship, on this evidence, was' of opinion-
that the Statue was not applicable to the defendant,
and.the Jury gave a verdict favonr.'
Lord ELLE NBOROUG it said, hehad been of opinion
on the trial, that' the defendant did Mt come with-
in the meaning of the Statute;: wide); according
to his Lordships's view of it, .was 'never intended
to reach such cases as that made out against.the de-
fendant.
Mr. Serjeant SHEPHERD was aware that had been
his Lordship's opinion ; but •he begged,' with great
subinission, to refer his Lott:Mil) to the ease. of
Hobbs qui_lanzw: Young, in Qd SAkeld, fi to, where
the doctrine for which he (Mr. Serjeant Shepherd)
must now humbly contend was- completely re-cog.;
nised. His Lordship, at the,trial of the cause
question, 'seemed to onderstand the Statute as'
intending -solely to protect the public against the
impostures of persons who might exereise.trades
or professions in which they were not sufficiently
skilled.. 'ware case to Which he had referred, now-
ever;as it appeared in Salkeld, the doctrine was car-
lied a great deal tut titer, • and't Staitate was con -
°strafed in a far more extended sense. Theie the
, defendant, who was a Turkey-met chant, was charg-.
'ed with carrying on the trade of a cloth-Worker. It
appeared on.the trial, 'that he employed servants to
carry 'on the'work for hiM, and did not himself in-
terfere, yet he was found to be the trader, and a
verdict was accordingly found against him. It was
there laid down, " it is not material as to the mas-
ter,' that the journeymen has served seven years ;
for if'the master hituttell hath not servedseVen years;
he is restrained by the Statute 'front working, as a,
trader, either by .himself' or others; fete the intent
of the aet is, to atmex‘ the benefit of trade to such as.
uaderwent the hardship of learning it, thereby to
encoorige' labour in youth; and few. would undergo
the trouble of being apprentice', if they might clo-
ploy other's to. work for them." On the authority
of this decis}on the Learned Serjeant submitted that
ttevati lotanded in his present motion

Lard ENBOROUGfri :aid, his opinion had been
that theAtt'did not api'ily to the Defendant, Who;did
not Sutler .his-own ignorance at all to take part in
;he concerns of the 'mill, but confided, that,. trust en-'
tirely' to one who bad sufficient skill to manage'
it. The Aar as be cunceivedit, was, intended to
exclude persons who had not sufficient skill in any
profession front the exercise of 'that protession, bur
he 'presumed to ibitik) that it conid not be its mean-
ing to prevent any man employing his capital in any
lawful pursuit which might.retiound toini own ad-
vantage and to the public accommodation,—In re-
spect of the authority retied on; however, he
wished the Learned Serjeant to -take his rale.7--
Rule granted.

LONDO)1 i Printed by RICHARD HARRIS, of No. 4. Martlett-court„ Bow-sr:vet ird pc
At tho Burt Ovizos# No. lig, Wood, whore ildvirairestuts, Ora'as for the

BUCKSIR AN4Leti.

Mr. Serjeaut Best' nosed fora rule to slicw caw!:
why the verdict Jar thtk Plaintiff in this. ease shovlri
not be set aside, and a new trial 'granted.
Our readers will recollect that this was a casepied
at the adjourCed Sittings alter last Term, at
hall. It was on a policy of insurance on gonctitatto'
board the ship Fortuna, to Riga, and the license was'
granted to a person named, and to any other 136-:
fish or neutral Merchant. Mr. Serjeant Best; at this':
trial, contended that the goOds in question 4b-i,s3g=v,
consigned to Messrs. P. arid D. Smith, .at. Riga,
where they were domiciled, :hey were .not t 9 tie*
considered as neutral merchants, Russia being in a
state of hostility with. thiS country. Being unable,
however, to prove the issuing of Letters of Marque
and 'Reprisals, the fatrof the two countries bring in,
a state of Itostility,ws not 'eSteeMedtO"
sufficiently made out, and ti verdta was funtid foi the
' .
Mr,. Stqljeant 'IMF,. in support orhis:presenfmo..
lion, after reCapitulating the argnMents he had geir
on the trial, founded on a publication Which ItaA
appeared in the Gazette of 18th'December, 1809,.
containing a declaration of certain causea'of coin- -
plaint which ills Majesty had agains.t..,the RiiSkVan
Government, and on the same day, an Order for
• the issuing of reprisals against the sbipi, goods, and
:subjects 'of the Russian Emperor. The Learned
._Serjeant was proceeding to argue the Royal Preto-
,gative in matters of peace and war, when
Lord ELLENBOROUGH observed, that in the ab-
`sence of any p.rool of the atinal existence of' hostili-
ties between the two countries, no tefletlion could
attach either to the Court or; Jury for 'the verditt
which had been given. But now appeared that
such a document as that,on which the Learned Ser.
jeant relied was in -existence', :her was Stift ky. entitled
to his Rule.--Rule granted.

JONES, Arc. 4J. DvvvEtt,•&c.
The ATTorttqa y-GENER I. moved fora new trial
in this case, which Was tried at the last Sittiogs at
Guildhall, when a verdiet was givirn for pbin-
tiffs, who are the assignees .on the estate of Mingay
and Nott,, against the defendants, who were,ithe
brokers, employed by iheplaintitfito sell. for them a
'at g,e quantity of bacons, the property of the hank-
rupt estate, fora som of upwards of 6061.
A notice had been served on the defendants not
to pay over 'to the plaintiffs, the goods being chtiMed
by the assignees of another person, also a Wilt:kyr, -
of the name of Cotterell. The ground of this claith
was, that though Cotierell, who was indebted to
Mingay and Nott in a large snm, had, in secwiiy of
that advance, given to theM a entitrotil over certain
large quantities of hams which, he, had lying at dif.
ferent wharfs, by granting , to-them orders, dated'on
the ttith December, to have the same transferred to
theiroskn names, they had never availed themselves
of this right till the 18th July lc:flowing, on Which
•day it had come to their:knowledge,' hat •6 check of
Cot terell's had been dishonoured.. The at-t of -brink-
ruptey did not take place till several dajs--'afti
• wards ;- which, his Lordship was ofopininir,did not
operate against the right of Miiigay and Noll', who
had received' the security, not as one to be iannel
diately operated upon, but which they might use
When they saw Occasion.
The, ATTOII dRY-GRNBAAL, in now moving for a
new trial in this case, 1010 on a case eiatily in hi-
tnilar circumstances, Darkly v. Smith, where the
argument he had here/to 'maintain was recognised
both in this Court, and in bankruptcy before..the
Mas,er Of the Rolls. He himself had been COUti''
set that case, on the side against which* be had
now to contend, atr.ci though he had stated his curse
with all the force he possessed, he had been un.
succes,ttul. - • "
Lord ELLEKBOROUGH said, that' being so; he
might take hiti rule..