Star.
London, England, 1801-11-11 00:00:00

NO*EMBIR 10.

Serjsant Comma moved the Court, that, in the
caufe Langlois again ft Parrott, audgment of null.
fait might be entered for the Defendant.
Mr. Parrott is an Attorney of this Curt, and
was employed to foe a Mr. Elk for 91. for goods
fold and delivered. By an alledged negleet in the
Attorney figning an interlocutory judgment, Lang.
lois loft his remedy, and thelef.ue cued the precut
Ddendant in his cuaratler as Attorney, for the
fum lift by I.:eh his negleEl. It came iat to he
tried at the fittings in lad Ti laity Term ; feveral
olije,'-;lons were taken as to the declarat on ; and
veßiia paired conditionally for the Plainlifr, filb-
jeiti to the opinion of the Court, :.< to the tele•
valley of an objeaion taken itgairat the third cuunt.
The Court granted a Rule tor a farther haring,
when Serieant Bur may bcinitrueled.

Serjeant Cocx Lt. obtained a Rule to lir.tw cattle
why a new trial thould not be granted in the cattle
of Johnfton again ft But:km:yr, tried 1.01 turn, lin.
der the 2 sat Geo. U. cap. 36. Inc keeri.tg h4L
of entertainment with inutic, %%idiom a

PREEMAI4 V. GREEN.

This was an Asgiun againtk the Defe.taint for
the proceeds of tool. Stock fold out for the plain-
tiff, and !till due and unpaid. After the tale of
Stock was proved, the defendant's email pro-
duced a bill, whereby it appealed that the De-
fendant had, from day to day, dining the mm.,hs
of March und April, paid to the plaintiff, Mrs.
Freeman, fums from five (billings to live p,,unds,
amounting in the whole to ycl. which Bin having
been read over to the plaintiff, item by item, was
allowed by her to be right,.although the rcfafecl to
put her name to it.
Mrs. Rokycr, and her fervant Elizabeth Collins,
proved the acknowledgment.—Plaintiff Noliaited.
WALDO' TAVIBELL AND Dt.siGii 1.

The Plaintiff is Butler to a Baronet ; and with
a fiiend. Mr. Giffin, went to the lioufe of rite
I);fen•lint, who is a publican, to drink Come por-
ter. On n qatltion being alked 1s)- Mr. Giffin of
the landlord. li: Hew into a violent palTion, and
•c died for his wife to bring him 501. to fight for :
this the plaintiff declined, when Tautbell went nut
bri.ught in the detemiant Denight, conilable,
towhom gave the plaintiff IVal,:on in ciarze.

him and his friend being at that time peaces-
t:v ing porter in the pillow% He WAS taken
to Marlbormgh-fireet Office; thc MagiiirAtes not
ting t the time, he was kept till the even-
ing, any then dildtarged by Mr. SCOTT, thc Ma-
giiirate, who terrobitted the cqudu of the defen-
d:int.. Tn T,'7,NVCr a fatisfaaion in damages, for
the a frault and ialfe imprifonmcnt, this Atclion was

brought.
Tile Learned Judge fummed up the evidence
Entirely : on a fuggettion from Serjeant CUCKELL
for the emit:Able, it was undertaken by Serjcant
.7.3zsr, and ordered by the Learned Judge to be
made an order at /V:fipritts, that execution lhould
not be taken out againa him.— radid for Pialatill,
101. damages.

COURT OF KINU'S BENCH, NOV.,.

DATEXPORT, SEDGEWICK, AND OTHERS, V. THE

KEEPER OF Tilt GAOL OF LIVERPOOL.

Mr. PARKE moved for a Rule to Phew caufe why
the verdid in this cafe fho'hld not be, fet afide and
a nonfuit entered. This was a cafe which had
been tried three times, and arofe upon the sth
fedion of the Habeas Corpus Aft ; being an ac-
tion brought againft the Gaoler of Liverpool, for
refufing to deliver a copy of a warrant of commit-
ment to the Plaintiffs in the aftion. The fads of
the cafe were as follow : The perfnns who
brought the adion were apprehended in Ireland
for a breach of the Bankrupt Laws, and were on
their way to London, to be examined before the
CcniimilTioners ; during their journey they remain-
ed one tight only, in tremitu, in the gaol at Li-
verpool. From the evidence of Mrs. Dolan, one i
of the palms in euflody, it appeared that they all
came over together, in milady of one Shee, and
the Jury found that the warrant was Slice's; that
it. was never in the'cuflody of the Defendant; and
that he only received them fur a reft upon their
jOiirriev. to Town.
Mr. JURiCC CifAltRRI, who tried the caufe, ye
ceived this evidence, and directed them to move
Mr a nonfuit, if upon that motion the Court of
King't Bench Ihould think thofe fads amounted
to a julliticatimr. Their Lordthips would recoiled,
that the words in the Habeas Corpus Ad were,
4, Warrant ofeommitment anddetainer." He (tumid
Contend that this was not Much a Warrant.-14dr
tuf granted.

WALTIR HONEYWOOD YATE, O. JOHN WILLAN.

Mr. Serjeant Wist.tsms moved for a Ruic to
lieu-caulk why the verdift in this ckfc mould not
he let afide, and a verdict entered on the other
Me?

The Plaintiff in this cafe was a Gentleman
Commoner of Oxford, and the Defeadant the pro-
prietor of die Shrewfbury fiage. The caufe of ac-
von was for the non-delivery of the Plaintiff's
trunk. The Plaintiff did fiot take a place in the
fiage,but waited for it in Oxford.dreet,and when it
came, there was no room for his baggage, which,
at length, it was agreed between the coachman
and him, fhould be fent hv the Slirewfhttry coach
the next day. He accordingly paid ad. for the
booking of it; and in the warehoufe was a written
notice publicly hung up, that the Proprietor
would not be refponfible for any parcel above 5L
valUe unlefs booked as fuch. The trunk never
came to hand, and the Plaintiff brought the pre-
fent aftion, laying the value of it at 51. The De-
feidant pleaded the general Wire, and paid 51. into
Chun. At the trial the Plaintiff proceeded to
fide,
the value of the trunk ; they, on the other
fide, propofed evidence to fhew that public notice
was flack up in the office, that their would not be
refponfible above the value of 51. unlefs the goods
were booked for their fpecific value. This was re-
fled, on the ground that it was inadmiffible evi-
dence, after payment of the money into Court.—
It was, however, at length admitted ; and after
vCT diEl for the Plaintiff, the quellion was reverfed,
whether fuch evidence could be admitted, after
Yooney paid into Court, with liberty to move as'
he now did) The Learned Serjeant, basing read
the feparate counts in the dEclaration, contended
that this was evidence not ittconfifient with any of
them.—Rude 'fin granted.

IN T.IE MATTSIC OF 50)51 ellA/41111be Tilt SLIM
AND J. CMANIZERII THE YOUNGER. •
Mt. ERSIC/NE fhewed cattle again& a Rule ob-
tained in this cattle, calling upon the palliest° Ibew
cattle why a warrant of attcaney thould not be fet
aide, and why John Chambers the younger,
Mould not anfwer the matters of the affidavit I--
This rule, he Paid, had been obtained upon the af-
16.1avits of Thomas Pitt and Wm. Price, and the
fubtlance of the charge by Mr. ERSKINE was as
follows ;—john Chambers the elder, willing, per-
haps, to benefit his fon, who was an Attorney,
lent finalls funs of money, the repayment of which
he fecured by warrant of attorney, drawn of courfe
by his fon. In the cafe before the Court, the af-
fidavit Rated, that the fun lent was 151. for a
month ; when the month was expired the money
ws not paid, and a new %variant of attorney was
a ecuted as a frsfh fecurity, for which the. lon
was paid al. tot. beide, 3s. 6d- and intcrefl.—
The parties making the affidavit Rate, that they
believed the father and fon contrived this plan to
ger urn; ions intereti for the loan of fums advanced
by the former. The motion founded ulton this
liatemeat was firll as apinfl the father, that his
fecurity, the Warrant of attorney, fhould be can-
celh'd ; and againfi the fon calling upon him to
anfwer for this ablate of his prof: ton chJr;t4ter.
It was his ditty to an! .ver this cafe, and he had to
obferve, that however inlyio‘ikil: it mi.;!it Le fur
a man to give filch fort of lesurtry for a tritiiaz
firm, yet a warrant of attorivw was as legal lot
/51. as I; r ; it sets ctimuly clear,
tll.it it was legal to tcn-w nit chi-charged at
'the day. So 11;:r. as a;;ainli the lather, as all
ttli:rious ibtert:ft ckl:ied in his affidavit, the
Rule could not be abi,lute. The Darned Coun.
..vas prr,ceekll:l7 to comment upon the youth of,
the fon cc escufe, when

lutw co:cn t!:c warrant of
2.t,•rre.- 4.,:d in :his lx:ing
it u t; completely grind
b.:! a,•:• two rin:llont s. The fon by
accredited to tiv: Pub-
-1.. !,, il,c C. Jtt,untl.
1):•,,•::.i.n tiva:l w L.-A •.; ft. Ail

explan.ltir,n of fuck :slide in his proferGonal 410.

ra-der.

Mr. Gißas, on the fame fide with Mr.Eitsatav,
made a few obfervations in fupport of the warrant
of attorney. •
Lord KENYON Paid, that a Watrant of Attor-
ney was a caleparticularly within the cognizance
of that Court, and it was not fitting that the
cattle fhould be wrapped up from the eye of Juf-
tice. His Lordfhip ordered the matter to go be-
fore the Mailer, to fee what fhould be done with
the warrant, and the Rule to be made abfolute
again(' the fon.

TIIE KING V. PODIA AND BASSET.

Mr. Gras, for the Defendants, (Wed that this
caufe, which had been frequently before the Court,
arofe out of a Mandamus which had been direeted
to the Churchwardens and Overfeers of Becken-
ham, commanding them to make a Poor's Rate.
His clients, the Churchwardens, propofed one rate,
and the Overseers another ;—neither fide would
give way, and no rate at all was made. An at-
tachment was confequently aired for difobedience"
to the Mandamus. It evidently then appeared
that the poor men who now Rood before the Court
did not act from the invoice of their own judg-
ment, but were the inftruments of mifchief in more
powerful hands that remained behind. Indeed, he
knew the faCt ; he knew the perfon who, actuated
their conduct. They were taught to believe that
they ihould be borne harmlefs. The coils of the
feveral proceedings amounted to 1971. and he was
forry to fay that only tool. had been paid from
the quarter to which he alluded ; leaving 971. to'
be paid, not from the money of the poor men on
the floor, for they had it not, but the money of
thofe of whom they were obliged to borrow it. He
trufted the Court would think this was punilhment
enough, efpecially as they had been milled by one
of great power and influence in the Parifh.
The Counfill on the other fide fpokc with con-.
fiderable feverity of the Gentleman alluded to by.
Mr. GIBBS, and laid he could find a way, and
he hoped his Learned Friend would alio, to reach
the Gentleman behind the curtain. As for the
poor men 'Alto flood on the floor, his inftruCtions
were, to pray that all polliblc lenity might be
{hewn to them.

Lord KEN VON raid, it %yr.; not the province of
that Court to order criminal prurecutions. It was
futhcient fair them to decide upon the cafes as they
came !active thou. Whether the perfons on the
floor had any feet et to communicate, by which the
unknown :tgeut cou!d be reached, he did not know,
but he was glad that their interell was in thole
hands which would fusgea every thins proper to
be dune.

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