Star.
London, England, 1808-11-09 00:00:00

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• •
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. Or ...'."f
II ..."";'‘eilit : .
ihrailitalet tag OW ' rate.74reil in I - ter o owns'', in
,effint of iltiri‘ei 'stmt. of
[unter's affidarlt,
.sci natcnifiler, .
.. . .
,y anew's- 9001. he got a draft on Mr. Bousfiekl, for 1991. for
inlet:lend the buthifist. ~ • ~ V • ..,„ 1
~ : 0 which afurther Annuity was to be granted ; and, ac-
- Mi. Justice Litmeiltete•iiitelityted Mr. G and , cordingly, on the 94th of December, 1801. a deed
edged hliti If the ptitlitittion leas ei.tted. for if the i was executed, securing us Mr. Cooke the sum 4651.
passages were libelloni, and the publication not de- a year,. on the foot of the former sum ; and also an
med, it was. no answer to go into all the collateral 1 annuity of 261. on the latter ; but the bond upon
facts. ... '. • I which judgment had been entered, was not delivered
Mr. gARROWI2ed, that the publication was cer..l up, or cancelled, at the time, and it was now our
tiinly not den- j' on the contrary, Mr. D. had I tempted to set these annuities aside on two grounds:
stated,- as his excuse, that he had been driven to it; the first was, that the memorial of registry of the first
to-procure the means of supporting his infant son, l annuity, in reciting the bond to Cooke as the mai-
who was left entirely to his care, and deserted by his ; deration, was erroneous, inasmuch as the considers-
more opulent relations.. I tion recited should have been the 5001. advanced by
The Court said that could not operate as an excuse. Cooke, by his draft on the bank of Messrs. Coutts
Mr. Maelyarr suggested there was a distinction and Co. the bond itself having been retained by that
in this case from others ; Mr. D. had certainly not gentleman as a subsisting security, and so could not
negatived all the facts alledged by Mr. Hunter, nor be called a consideration for the annuity. The so.
had Mr. Hunter negatived all the facts as charged caul objection, and which was principally relied on, •
by Mr. Dogherty. lie submitted that Mr. Hunter was thattlhe note for 1991. not having been paid of
should negative the facts alledged against him? before on the day 'it fell due, the case was brought within
he was entitled to ask the extraordinary interposition the words of the Statute, which renders annuities
of the Court. voidable, in case (among other grounds) the con&
The Court said, if that were os, any libeller might deration should consist, in the whole, or in part, of
escape by putting any one fact of the life of another notes, which should not heyaid when due; and there-
into his libel, and because that could not be negatived, fore it was contended that the failure hem, shim*,
the Rule must not be granted for all the rest of the it was admitted it was paid by the drawer dirt.
libellous passages. ' mint he *as apprised of the non-payment, had Al. ..,
Lord ELLENsoitotrox said, the Rule must be made ated the entire deed, and that consequently the MS
absolute ; but he expressed a hope, that even yet,,it ' =cubic, fell to: he ground. - being a family quarrel, it might be adjusted without The Court was unanimously of opinion, that this.
public exposure. was not such a failure of payment as was in comes&
plation of the Legislature, when they made the ilia•
tote, which was intended to protect liettinitali per-
sons from being defrauded. But here the moorritas
lona file paid by the purchaser- of the annuity, as,
soon as he had notice of the non-payment of the •
they accordingly discharged, the ruls,, losii,,e Isom-
sieir4t,
costs. :,..., „ ;,,..4:, A/ rlii•ril-0-I
• - - •!!.. I r-Vr.3/41 belis7ff:

?UL ZINO 4. HLL.
Mr. Serjeant Pitt. chewed cause against a Rule
obtained by Mr. Naze, last term, why a criminal in-
formation should not be filed against the Defendant,
who is a surveyor, at Winchester, for sending a chal-
lenge to a Mr. Fitzgerald. But it appearied by the
aifidievit made by the Defendant's clerk, that Mr.
Fitzgerald did not give any provocation, or make use
of aay words to that effect, till after the lett& contain-
ing the challenge was delivered —Rule absolute.

•••••••

•
avast e. 131172 A.
The ATroaxrt GawattAt. moved fdr a new trial in
this case, which, he said, was an issue under a pri-
vate InClosnre Act, tried before Mr. Justice La
&ANC, at Shrewsbury. Certain lands were to be
inclosed, and the Commissioners desired all persons
t=ssulclaims to give them in. The plaintiff.
• gly pet in his claim for a right of common
Isr sheep ; but the Commissioners ordered this to be
'dried,. according to a printed form they had pre-
which was so worded as to express a right of
common for all commonable cattle. Upon the trial,
however, it was objected, that the claim was larger
than the right which the claimant was entitled to.—
The sheep-right was proved, and specially Ihdorsed
upon the paws; but it was objected that such an in-
dorsement wa contraryto the usual practice, and of no
effect. The plaintiff finding himself in this situation,
his only resource was a new trial.—Rule granted.

dMIFINI•

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WELCIT tl. CALCOTT.
Mr. Pau moved for a Rule to chew cause why a
new trial should not take place in this case, which had
been tried before Mr. Justice Bailey, at the last assizes
for the County of Somerset. The plaintiff, at the
instance of the defendant, undertook to deliver a mare
valued at 261. ss. and to pay him 91. M. in exchange,
for a gelding belonging to the defendant. The de-
fendant undertook to warrant the gelding sound, but
it turned out not to be so, and, on that accoura, da-
mage was alledged. On the trial, it appeared that
the plaintiff had upon his part also warranted his
mare to the defendant, and one of the witnesses for
the plaintighad argeessly proved, that the conside-
ration of the mileage -was because the plaintiff had
done so. This Wag the case, it was submitted that
this was not truly stated in the declaration, and the
Learned Judge had been pleased to reserve that goint
for the consideration of the C.ourt. Ike (Mr. Pell)
Von now argued, that the consideration was not
y set forth in regard .to the iirazvatr of the mare t
'And he Could also prove thatllii mare iwig unsound.
of the nemarity of the .won tieing
rte explicit, be shield cite the exit of (Sarie
o. Gray, in the 6th VoL of &set Reports, p. OW,
where it is stated, that in the cast of t agreement,
not under.seal, the comddiradon =tit not only
MentiOned, but nti,gintlif it must be omitted..Rukk
gams& • •

wows v. aAl<nr 7 . :14-a.;;;PC110i7;
This cause Wa* tried during the. late 'ffittlnge44lll
Guildhall before the Chief Justice, and. a.voidietatlC...
,1L 15s. 6d. obtained for the plaintiff. b. ioesie: •
Mr. Serjeant Sueeitean this day moved sae Comet,
for a rule to tax the defendant's costs, and. set thealtiL
off against the plaintiff's verdict, under the statuteof
the 49d Geo. ILI..
The plaintiff was an apothecary and man-nsidwifoo
residing near Salisburkand had attended the &rear
of the defendant professionally, particularlY,99lll4
,wife's accouchement, upon which -occasion* tuft!,
fee was half-a-guinea. Thom% when originOxiqi.
nished, amounted to 11.18 s. 6d. ; but a fovs
fore the defendant's arrest, the plaintiff cared en his
i+vifrequestedto , see the J 1111,• and tore ..thentniat
pX, He iOggneer, arrested_ him
:Chief justice thought thesverdlct was pestendy tie*,
,and had no doubt that the debt of 101. 16* was fabsg''' •
Gated, for the purpose /of arresting the .dellmdanis.“.
but two witnesses (one a man of respectability)
positively sworn to two confessions of the ddenduic
to that amount. It was a case of much suspicious, •
when the party chose to try it at Guildhall,
Hi
in preference to trying it at Salisbury. His
_Usti'
ship recommended it to the consideration elf the Lear-
ned Serjeant, whether, for such a sum, it Was worth.
while drawing up the rule?—Rule granted.

7; ,

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FEELING v. HEATH AND 01118,DA. .
, This was an .action of Covenant, upon a Chartew
party, whereby the Defendants were liable, as the.
freighters of a ship bound from Surinam for London,
.to forfeit demurrage at the rate of nine guineas per'
'day, in case the ship did not sail with convoy at a
Certain time. The ship was ready in time to sail, and
bad proceeded down the river to join convoy, but the
Captain was detained do shore, being arrested by the •
Aditaney-General of that place upon a former ima.
in consequence of which the Nhip was
'the Covenant broken. The Cause was •
hied at Goildiell, and the Plaintiff obtained a verdict
Ito tht 101 l 211.rritt..Af.4gPlurne, £96°.
Mr. Selma, Adt.F.: .en ; behalf of the Defendants,
. UK Coast to set aside the verdict, contending,
inasmuch as the delay was occasioned by the ac.
of the 'Captain, and not by star neglect or impro-
,. aa the Defendants„ the barer wine not liable
4ar4or an that amount, the question for the
gill " merely uto what compentatlim the pop,
pins enti to for the accidental delay., „, -,i,, -_,,,,v,
ThetCouit conceiving it a fit case for
grausighailatle to 'they're:age. . • 0.4. -•-; -
- - t .
Ma plulall OF MIT) v. wan nisi,
wow.
- • Mi. "iirpikinkactian. of eject• asent-braught toveturtr
NNW* of eine lands in litaffordshirN 414 *sit,.
tvl
before hfr:,listice talrence at, he late ituazibillil*
a tercliet wax obtained for the defendants..y)
Mr. Serjeant Baer, on.behalf of the, .
.1
ved the Court to set aside the verdic as Wag. ' ' '
Jevidettee, and in the absence of,
~,;. al-ft
been OW UpOn a former occasion , Meayiestr
r. Chambre, and a verdict obtaisactfor4gpleititts4 Art
t4e,aniiie satisfaction of the Judge., Op the'lat4#:
caaion the verdict was the opposite d
the direetheit of the Leakned =Judge Whotithed
plaintiffsa4iiiid.tkiopiviitision under the willofone
Wakel7.**-4044115eel havint-load° 'the: '111111.4 .
question in Inid: , • t• the period of theileitiitor,s,
decease, a Mr. GOOdlall,' Who was a frientl..or:therj-
.Volirer, assisted in searching for a Nil', in •the apartment
the testator died. and •
1 priper.s in his, which
ateuraties ; but
Leers afterwards;
'irlsrrsiold was
egad be way
i Wheh the will

• % ana4ii c .It ~...ii, . it,
• -
' 4 ,ois,-; • , ~..:, Amilai. 1.; bats. -; !As fAL t. ital
' lii%.itaiiiieeriootlbr 'a Rentule to Sint:1111.1,11
* Inousuitiltetdd Doti* ered, anitiric•4o.• lilt
!grained. The case was tried at Guildhall:it the Sit.
4thiphalker last Tenn: It was on a Pdlicy of
',.atnitnee ort. the America* 'ship ..holo,-itt sad flio4o
Africa toCherlessano esiptmend brtha FerezZair4
'carried into Martinique, where she was
Wader . the •su 'don bee At was. British propertyc
belonging to --Made', and Co. London.
7briretre,93 adterealisegyrending di the issue of this
amtlea. The /round on ;,which Mr. Panz moved
!al, ylit.at fell from Ilii ididship on the trial, namely,
that the sentence of candeamation “ did not speak
out," but only insinuated; that an Englishman was
found. Oa ;bond, which was 'conclusive AVidence of
borrowing the American flag ; heady deeds* and
propety. was not American, as watfresteedin the
policy. . .• ; .
110100001310. said, he saw no reason for
'lugliiitun the verdict, and therefore the Court refused
the Rule. ' •
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... .
Catetif,o! CollitsbN PLEAS, alk 7.
CH= V. - TIMM ' '' •
' L. Brim* Vsussetw shewedsecitesi • against a
rule obtained by Mr. Sejleent alliftwiftui for setting
aside the 'deed of annum, anal tinkle-1d and judge.
meat in this case. The annum,,
being entitled-to
a rversiortery interest;
in. a large sun% of mont7,
ng out. of Goveisnoont security, and being in
.9f money, ,applied to the Plaintiff•to *iv
40001. 'Upon altut.edis bend, in double the' '
this Was declined;. but the sum was offered:ii.
putchber of anesenkti to he secured . epee his. '
of eleven 'milt
'riTilleidlisoluilimbsesstios-lititrlteife ; acccrdiany. * 00.
7
,„......„fitilMieliale . far rea4/..100017, a
Mr t.oene was proctored to advance 5001. :wpm doe.
jroint Iratti. the LOr!fendant, and the !War bt
. the
Pnn laift; as a secunty, until the peciosery deed of
mull could be ma-aid i' in the mouth of Docabi•

---,

a - .

bfr.
. the testate;
death, ;n a fii -
=0111(12115411140441Cerd'
tiaasitiivai an
toitil=f7rl
Wm. a
Piping:4i, Mr. G.
1110 ' WaPkier
Carib... a:mins:Mc",
ger trithas zpaie.
Take 'a siieietitaity) - •

~,

10,'"

r - • -.
stator died, .aid was seen -toteCeeperal
pocket, which he nlledged ivio ally
lut !lc, will cppld he7fOuttd:ititiesOese.
trtis;:iiiiii. WO* trticO , -wea t. , , evil!
Was in The risessioa .of Mr. Goodall, .
to produce4r, under viritaupretences,
s cited before
M i
the Ecclesiastcal Court,ill was prodiKed, it appeared cancelled;
()I ("s
4411 allegeoi Ala it was not , by him;
seta vr himself, some years rev,ieus; tp
a4t of passion. The time otheallese3.
non, however, did not accord with ,the
Ileged cancellatiop of the will, at which
eta and the plaintiffs were in the *Rs
ariesdahnp and, cordiality.. It ...;..• .
Ow Jirrik of the will,, that the •-•ist:".. .
nen a premeditated act. done With, ' . •
',some sharp instrument; and:. ! 4
.- Et
W.r. Goodall was prrlticeklAs : '.., '• .-.
tier. ti4al; and notuptethll..l.'4,_' -: s,
CUMSWICCS. the plestat appalci - ,-FOr S
s mate.
_al..•••