The Sun.
London, England, 1816-11-30 00:00:00

LAW INTELLIGENCS.

COURT OF KING'S BENCH, Nur.s9.
Sitlitip after Michaelmas Term.
RR% V. JOHN

This was an indictment against the defendant
for conspiring to sell 'an unsound horse to General
IWCleau,
The case was this t----the prosecutor treated
with the defenthmt, 'who is a horse dealer, for the
purchase of the horse in question, which he war-
ranted to be perfectly sound, and he referred to
souther man for the character the animal; add
at the suggestion of the latter the purchase was
completed but it turned out afterwards that the
horse was totally unfit for the p&p/nes required.
Lord ELLENUOROUGH said, that there must be
proof of some fraud beyond the mere warranty
to support a criminal prosecution. The case ap-
peared to be no more than the warranty of an un-
sound horse, and the only remedy was by civil
action. _ .

Tlie defendant therefore was found Not Guilty.

HENN V. FAGO.
Tilk was an action bpi coach passenger against
the owners,to recover the value of a box, with
its contents,. valued 101. Bs, 3d, which it was al-.
leged inst by the negligence of the defendants.
It appeared. in evidence that the plaintiff, 'a
male passenger, had, got into the coach at night;
about eight miles from Basingstoke, having eon-7
signed her luggage to the care of the coachman=
but she did not know of the restricted liability of
the coach proprietor for property not exceeding
theValne of al. until alter her arrival in town.
Ppmn discovering the-loss of her box she made a
demand upon the defendants of 101. Bs. 3d. the
valise of it, hut the defendants resisted payment,
contending that were only liable for 5/. being the
amount for which they had publicly restricted
their liability, in all cases. ►were there was no' in-
'I4OIIIELLENBOROUGH however Cbargeatinliiry,
that until carriers had of late restricted their liabi-
lity by notice to the :public, they. were Jiattle at
common law to a fuss torah indefinite amount, it
was, therefore, in this case tiaterial to know
whether the plaintiir bad had, due notice of the
defendant's limited responsibility, for if she bad
not had actual notice of it, she Was entitled to
verdict far the whole value of the property lost.

Jury found a verdict fur the ph:luta—Da-
meges, 101. Bs, 3d.

THE ICING V. JORII *IIXME.

ThiS was an indictment against the defendant,
charging him with receiving 3d from the driver
of a cart belonging to a gentleman of the name of
Wood, of Acton, undir colour that he (the de-
fendant) was collector of the tolls at Tyburn-
Turnpike-gate. The object of this proceeding
was to ascertain the right of the trustees of the
road to take toil for carts, waggons, &c. laden
with manure rued the question depended prin-
cipally upon the construction of the 52d Geo. 111.
c. 145, for the better encouragement of agricul-
ture, which extended the privilege of non-payment
of toll to all carts, &e. laden with manure, the
exemption being before confined to carts of the
proprietors of land in the parishes through which
the road ran. After Mr. GURNEY, on the pact of
the prosecution, had stated his case, it wits pro-
posed by the other side that a verdict of. guilty
should he taken, subject to the opinion of the
Court ;to motion, oU the construction of the words
of the statute, Mr. ',AWES, for the trustees of the
road, contending that it included only empty ceris.

FERGUsoN V, DE RotIFIGNI.

The derendala keeps a rnornittg sod evelling
,Chao! Castic-street,lloWnin, and dun Li)

absence on a visit to France, his native country,
employed the plaintiff as instructor in Latin,
Freuch, and geography.- The charge of the plain..
tiff was 5!. 15s. 6ml. per month, or, according to
the evidence of one of the witnesses, about 14d.
per hour. The attendance of the plaintiff during
the morning and afternoOn was proved by several ,
of the young. persons who were taught at the
school. The defence was, that the plaintiff being
left in the charge of the defendant's school during
time absence-of time Abbe de Rottfigni in France,
had seduced several of the pupils to lease the de•
feudant, and to-place themselves under theplain•
tiff'S care, who opened asimilar establishment at
no considerable distance from the house of his
employer. Having thus not only abandoned hut
betrayed his trust, it was contended, that so far
from being entitled to remuneration for services,
he ought to be compelled rather to make some
compensation to the defendant for the injury he
had done him while absent.
Lord ELLENAOROUGH, in addressing the Jury,
suite, that the action being upon the (plantain me"
ruit, the plaintiff could only be entitled 'to cots-
pensation for beneficial service done for thede•
fendant : the plaintiff was left to superintend time
school during the visit of the principal to his I$
live country, bar instead of so doing, he hactset
up in opposimion, and the Abb6 was in coreas
quence deprived of many of his scholars. W,
this a meritorious service 1 if time plaintiff bad
waited until his employer came back, and until be
had delivered up time school to him as he battle'
calved it, he would have had a right to make u"
of his tdents in any way. he thought proper ; bat
while his employer was away the plaintiff's (MI
was to keep the school together, instead of which
he had separated it for his own advantage--V:or.
diet fur the defendant.

CONSIST( RT COURT, DOCTORS' COMMONS, /<or:
SIR BDWARD AGAINST LADY ovum.
This was a cause of divorce promoted; by Sir
Edward Campbell Rich. Owen, Knight,
against Dame Elizabeth Owen, his wife, btreosoa
of itil!litcry. It appeared that the marria4e wok
place hitween the parties on the 19th of Deter
ber, 1802, at the parish church of Deal, ill the
county of Kent.
The Libel given in on the part of Sir Edward
Owen *at in substance to the following PiffPfirt;
That during the parties residence at .I:hid, ii',4
Owen formed a, criminal intercourse with
;Pr'
Wm. Httlke, jun. who was a surgeon Itrui Ar
thecaty, and in partnership with his father
that Place, and who also attended the
falnlif
of Sit` Edward Omen in, Lily professional liar"ter. Ibis criatinal intercourse took place be'
tWeen 'Lady Owen and Mi. William
younger, during Sir Edward Owen's absence
:i'oll
his. Majesty's service j1:1 in ArGeriCa.
The Libel then went on to state the Orl
chat es of adultery aileged to have been ell"
mitted at various places, namely, at Deaf,
tie'
WiCh, Canterbury, and Calais, where the !wild
pat.sed as man and wife, and went by die Clot
n
111 r. and Mrs. Hie. It further appeared,
lo
a verdict of 15001. damages was obtained t• in
Common Law Court.
On the part Lady Owen it was ante f
by Counsel, that there was defective Pr°P
identity with respect to Lady Owen • , Ace
The.
The. Learned ,Judge (Sir Wm. SC°llOl on, •
hearing the evidence read, was clearly of op yam{:
thst the (Act at adultery WAS satisfoct9rilypr):4
and accordingly ifronnunceti for the remedy reel 7

the husband prayed:
BURGESS t) BURGESS.
IS was a suit instituted for a separatioPiraas
M
brd,and board.
The Libel stated, that Mr.' Burgess susrectil
his *He' had a criminal connection with
Pers.°'
of the' name of 'Lane, wha was on terms of In:
tifnacy with him, and wishing to satisfy his
thereon, went to the house of Mr. Lane, kia,
accused him.of having had an adulterous iiite."
course with his wife, which he, after sofa
sitation, acknowledged. his
After this interview Mr. Burgess chargeA -
wife with having been false to 'his bed, whiti
she admitted to be ton true: Ile then scrat°,
himself from ber, and commenced this suit. etc
In support of the allegations, two letters Iv _
read, 'one being from M-r. Line to Mrs. nutgetli
W w orming her of the interviews' with Mr. Durge6tis
and the other sent by Mrs. Burgess to 51t.1,11'4t1
relating what bad passed between het: sin -
husband.
The Judge was of opinion the allegstifu' amal -he4
proved, attd pronounced a separation
ra
and board.
COAL MARKET, NoVEMSER OP. .
Steps ps at Market. PAO.
4 Newcastle 4 sold..

BIRTHS. ,
411 ...celgti
Oa the Stith intt. the Lad of Burke: of Craig '
y o ,i, r.
Charing-est-is*, Solicitor of a son. • :' ,"i,tsio re
On the nth Inst. at Stuthantpton;the Lady dm " ,
ter Rainier, Iti N.C. B. of *too,.

MARRIED.
4 Cred1111:
At the Church of St. ,Mars-le-bang, the 'lZr „A„. f
Thackerai, D. 13. Pronost of King's College, Caionuq4
Mary .tin, eldest daughter of the late Alexander Cottiot " .1
of tleverells, Herts. itti I,i
On the 4th inst. at Campo D'Oureque, near I.isbQu' out
111)444notahiseiY4;nst:Ltia.rito)e(11;7(ItcYsitts)urrIvel:iYulre44,ualbolerIiroce;'ttis'fa'ililr,,
On Tuesday, ut St. Chad's Church, Thomas Yg" Me
E. of The Brades Statrordshire. to Sarah, fourth deo?,
of SaLuttel Cooke, isq. of Swan Hill House. Shro_____:l.l,,...

~
DIED. . i itol‘'
On Friday, the 02t1 inst. at ['infield, Befits, at a r...„eTin,
Anne, wife oft indrow
sauced age, Louisa, wife. of the late William-M4°7 of
n, 14'.
!..-.,:i. This ta4. was daughter of henry V;er"?.. the year
T 1 Mon Castle, *atfoidshire, and was married iii
1747 to her late husband. 7 • the: °Kt'
On Wc.dnesday, the 47th inst. in the 46th Year 0 ,steeett
Lovering Sand,
Esq. of
& , Bruns- -
Strati
On Thursday last, at ber how* in WilitiotAtree uev.
~ B
wick-square, mitola pecm4it widow of the !ate Tim
Hrort. Vccki.vell, MD. Rect.;r of Bloxlioltue cunt Dii< it
,
culusiiire. - 'fa of
'lr'
'll,e same evening, its bee 5.3 d year. mary, the wl
Sul rc,
Will 44 til Ed Wilfd &nail, of the P0un............1
__ ~,,,,
. 7 Crol"
'N7IDN: Printed I.y J. a. L' 1t 1443'01 orrstun,
I-
lditigit ,‘, and published Ivy W. Ar • SCR.IPPi?.. Ativertio:,
1, u
i at the St's-Orr-cr..St Ana : 011°11r
a itddrelfC44 '
went., Orders, Lettersp&c, (pust-paid) znust h ..-
, ,

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