Star.
London, England, 1805-01-24 00:00:00

Lin, INTELLIGENCE.

COURT OF KING'S BENCH, JAN. 13.
This being the tint day of Hilary Term, the te-
rns rctpeaing the convi.as in the diarent gaols
ender the controul of the Court, were read in thc
uiu.il form.

Lord Et.t.smtsclitoorru informed the Bar, that a
rule had been agreed upun with the Learned Ju,lges
of the Court ni Common Pleas, which at this time
was confider:4 neceitary—an,l it was to repeal cer-
tain regulations regarding the day-rules of prifoners,
made in the 37th year of his prefent Majeily ; fh
that hereafter no prifoner fhall have day-rules for
more than 7 days in each Term.

THII RING V. J. DIXOti•
Ettsx INF moved for a et intinal information 1 ,
againa this Defendant, upon the affidavit of Moles
Carrera, formerly of the Jewifh tea, but now a pro.
felyte to Chritlianity, and a Volunteer in a Corps fir
the pnt.lic defence. This gentlemen," laid the
Learned Counfel, 4, in his militat y drefs, fat for his
piaure, to an artift of the name of Atkinfon. Mr.
Carrera found no fault with the execution, excepting
in one particular, which might be conlidered of fotne
importance—the piece bore no refetultlance to the
original. Mr. Carrera. remontrated—lie wifhed to
be identified by the obferver of the picture, and he
intreated that fome alteration might be made in it.
This led to a fetious difpute with the pratirur, who
went to the houfe t f Mr. Carrera' conduCted himfelf
in a very violent manner, and challeng.:o the Pt oft.
clam.. The mother of the latter, an aged and infirm
Lady, fainted under the alarm, and oefore Mr. At
I.infon quitted the bottle, he told my client that he
was a fcoundrel, and that his character thould be pub.
licly known. Soon after this hoilile interview, a
print was publilhed, intended to reptelent Mr. Car-
rera, in the regimentals of his Corps, and it was ex
platned by this curious legend :
• A bold Lieutenant once was Mores,
' In 'fbrafo's marial habit tricked,
• But as he liked not bloody notes,
• He rather kt Lindell be kicked:
[The caricature was now handed up to the Chief
Jultice, and Mr. Etfkine proceeded in his commen.
tare, with great difficulty preferving the compolute
of his mulches, while the nubility of the auditory
was unrettrained.)
" Your Lordfhips will obferve, that from motives
g decorum I have not quite correttly given the in
fcription—in the halt line I have ufed the pronoun
perfinal intlead of the fubflantive, and the poffiffive
governed by it. It will be feen that the tingle figute
of Mr. Carrera, unattended, was not introduced—a
companion was given him, who was applying his
foot to the more prominent, but lets honourable part
of the human form. While he was receiving this
polite falute, he appeared invefied with his military
diflinitions ; and if his green coat and blue panta-
loons were not the uniform the eye (.1 taile would
have (elated, it was no apology for the libeller. A
third agent fupplied the dramatis prfuna of this repre-
fentation ; his venerable mother appears at the win.
dow of the dwelling, uttering this piteous excla.
:nation :

• Ob. my poor Ben!'
To prevent the poffibility of a millake, the place
of refidence of Mr. Carrera was infered." The
Learned Counfcl attempted to txprefs Tome indig.
nation at the levity with which this ferious complaint
was regarded by the fpatators; and ha laid, " that
lt,wcver atnufing, it might be to them, to the Prole-
eu:ot it was .xtremely injurious." He concluded
wi'h obferving, he had an affidavit, Petting forth,
that J .hr, Dixon, the defendant, !truck off the de.
fir, amt that he refufed to give up the author.—
Rule granted to thew caufe.
THE KING W. LOWTHER.
Mr. GIBES Paid this was an Application to the
Court for leave to file a Criminal Information againft
this gentleman for having fent two Libellous Letters
to come Nlagiftrates of Wiltfbire : but as the affida-
vit on which he moved lift term was wrongly int--
titled, the Court thought it was better that the thing
Mould fland over until the precast term, that the
defendant might, in the mean time, confider what
was tight to be dune. Nothing had been done in the
mean time, except that this gentleman had appealed
npintl the order cd thcfe Juftices; and that an ap-
peal 11;,1 been fince difiniffed with colts.
Rule to !hew Caufe granted.
COMPOUNnING PENALTIES.
Mr. DAMPIER moved for leave to compound a
penalty for the Cum of 201. to be paid to the infor-
mer, ine.ead of a much larger fum, which a Printer
had incurred for h.dvei tiring a hone race for Ids than
Cl. &c. By the ,Statute, part of the penalty went
to the Informer, ant.' part to the Poor of the Paiith
whet ein the offence committed, and he had the
content of the Churchr,ardens and Overfeers of the
Poor to this motion.
Lard EccENLOROVOH.—." But not of the Poor of
the Pain. What is the real'on of theta Trut'tees of
the P. or ;riving their et.nfent to the Compounding
Penalty, to the prejudices of thc• perfons who are in-
terefied ?—This is a bad content, and the Court can-
mot attctid to it."
A Learned Gentleman at the Var, whole name
we did not hear; faid :hat he was infiraled to content
to this motion, and to time, that notice had been
Buck op on the church door of its being intended
to be m ide long ago.
Lord F.I.'.F nntOur:l4. -‘t You have the conf:nt
of the Chureli.vardens and ,lverfeers of the Poor of
tit:: Para:), but not of this C. s"urtr for compounding
t::i. pos2lty Aim v' of any contrivance
be; ween the party who has anent Ted the penalty, and
thwe Parifh Officers, to the preja of the punt of
the patifh."—Motion refuted.

ARR.
Mr. J.tAt is mem .d for ayTS
Rule to ft. c.i.f.': why
a Planta in an aftion fhoald not pay all colts not-
withlia;,.lir he had recovered a vcrn.foe l°1;,
againa tl.e aaufe lhe had held. , """ "
joy I 2 C! • time he Enrw there war ro more t. "
Par-
deer; •th:N he unwed upon a late very wife Ado. c r""
'n
againti ws:aiwa amp., which provided, ..
tt
at
it Any ore (hall hold another to hail for more thitn.
reonv, t s by ye:di/4 fuch Plaintiff may be ordered
by tl e Court to pay all colts, as if he had log the
t.-ill.—Rule to (hew caufe granted.

!HL KING V. JANIII3 EIARBER.
A cafe in which the Defendant was to be called on
to et.rwer imettogatories, was ortleteel to keep its
place, there being no other motion at recent fot the
ui..oti9n.
'noMmoomoini

COURT OP COMMON PLIAS. JAN. :3.
ItnBINPON I'. TURPIN.

Mr. Serje*nt Bs sr in this caufe moved for a new
teial, upon Inc round that the verdia was againa
evidence.

Mr Mee CHAMRERS raid, that this cafe was
tried before him at Guildhall; that the Jury had
given their vetdia without hearing the ftimming up,
and that lie was furprifid when it was given tor the
Plaintiff. . _ _

_
Sir Potts MANSFIELD.—Take a Rule to (hew
cattle. They gave their verdift without hearing the
fumming up.

LITTLEDALE m. DIXAN.

Serjeant SHEPHERD moved for a new trial in this
cafe. The Defendant had effected an lufarance on
the Cumberland, from Liverpool to Barbadoes, but
refufed to pay on the ground that fame information
had been withheld from him. The Jury found a
verdia for the Plaintiff.

The Court agreed with the Jury, that the infor-
mation withheld was not material, and the Rule was
of court.: refuted.

COURT OF CHANCERY, JAN. 21.

EX PARTS stssow.
The petitionets Meafrs. Silion Smith, and Clap-
ham, ate in the fituation of Affigneesto Richard
Paley, of Leeds. This application to the Court was,
to flay the certificate of Richard Tomlinfon, of Mel-
ton, brewer, until certain bills which devolve into
the hands of thele Affignees, as Reprefentatives of
Paley, had been proved before the Commiflioners in
the Bankruptcy at the laid Richard Tomlinfon.—
There wilfiktwo Mina lets of bills conflated with
the general queflion : fix of them, which were of
the earlielt date, amounted to acool. ; and four of
them, at a later period, amounted to 20001. 2S. to
gether conflituting a claim of 40001. 2s. The left
bills purported to have upon them the indorle-
ment of William Wawn, under the fingular circum-
fiances, which will be explained in the fiffifequent
pleadings, involving one of the molt intricate quer
dons in the law of Bills of Exchange. Befides the
demand on thefe bill., the Affignees had proved on
the ellate of Tomlinlnn, a debt due so Paley, of a
different nature, to the extent of 70001. It will be
right to premife, that of the firlt bills, Tomlinforll
was the indurfer, of the Lilt he was the drawer : the
bills were in tl:t cootie of negotiation in February,
and a commiffion of bankruptcy was ailed againft
Tomliofon on the 1911 of June, 1804.
Mr. ALJXANDER, on the part of the Aflignees, flat-
ed, at confidetable length, the origin and progrefs of
thefe tranfaaions ; he laid, that the inquiry, with re-
fpeat to the two fets of bills, was different ; the gene.
ral ground of objeCtion to the whole was, that Tom-
ninon had no fufficient notice of the non payment of
the bills ; with tefpea to the &It of which he was
the indoifer, and to the lett, he was the drawer. But
with regard to the fecund clefs, there was an addi-
tional circumnance to be taken into confederation,
which was, that a perfon of the name of William
Wawn, appeared as the payee to thefe bills, and his
name was placed upon them, in the lora of an in-
dorfement. The Learned Counfel entered at large
into there two objections ;—lie produced letters of
Tomlinfon, and affidavits formed upon them, to thew
there was to much of trance/lion between the par-
ties, that any formal notice of fuch non payment was
wholly unneceff.try. With regard to the fecund dif-
ficulty, he admitted, that the indorfement of the
payee was a counterfeit, but that Mr. William
Wawn had fubfequently given his anent to this em-
ployment of his name, to that the bills were in no re-
fpeft vitiated by this addition.
Mr. Rorataav' on the part of Richard Tomlinfon, 1
the bankrupt, and of his affignees, refilled this appli-
cation, and contended, the proof of thefe bills ought
to be rejeaed, and the certificate of the bankrupt be
admitted. Mr. Tomlinfon had no interest whatever
in thefe bills ; a mere charneflic relation to tome of
the parties had induced him to put his name to
them, and partly by importunity; partly by the in.
dulgencies of the convivial hour, he had been in-
duced to exeicife this confidence. It was rightly
Rated, that the two tots of bills involved questions
of a different nature : on thole purporting to he in-
dorfed by Win. Wawn, no doubt could remain in the
mind of his Lorain). No man could recover the
amount of a bill, unlels the aelual indorfement of the
payee appear upon it. Of the bills amounting to
zoool. as. it is acknowledged there was no loch in-
dorfement, but the name of the payee was felonionf•
ly imitated. The objeCtion to the other clefs of bills
was equally fatal, although no criminal aa was corn.
mitted, Tomlinfon, whether drawer or indorler, was
entitled to notice of the non payment, if he were to
be held refponfible ; and he had received no fuch
notice, and thel ctore was wholly exonerated from
the payment. (It WAS argued that the letters written
by Mr. Tomliofon, were a waver of this notice.) The
Learned Counfel entered into a minute examination
of the contents of the letters ; commented diffulely
i on the allegations contained in the feveral affidavits ;
and concluded with laying, that there was no ground
either to direft the proof of the bills, or to flay the
certificate of the bankrupt.
LORD CHANCLI.I.OR." I remember when the
new do Ettine was net tenable, that there is no ne-
cellity for giving notice of the lion payment of bills,
if there be no effe.ls ; but now we are in fuch a
lituation in this _;rca: c onniciciel country, that we
hardly know what are and v.-hat are not to be deno-
minated effeets. The petition in this cafe only Rates
certain tranfaaions between the parties, without in-
troducing the leatt information to Ant the Court in
the fubjeas to which it fhould direa its peculiar at•
tention. It (hers daily, that certain perfons went
bcfere the Comminioners ; that they were not per-
mitted to prove a particular claim, and it prays the
Chancellor to decide whether the party ought to
prove or not : and that in the mean time the certi-
ficates be withheld. The demand is upon the bills
' of Exchange. Four of the bills were drawn on Wil-
liam Walker ; they were for the amount of :cool.
. and were payable to the order of Wawn. Tom-
-1 i;oenn, whole name was ufed in this tranladtion, ap•
pc.•rs to be a very ignorant creature, but he is not
on this account to be exciifed from his
i refponfibi-
'ity wiCb relpea to the bill .. For this manufeature
‘)
public, it is not expeated a
et, oaper ;mpote on the
'-et will be fatind, toilet's William Wawn's name
mars
. TuYed ; lieuee his name is without ceremony,
be clop
-minion, tiled, and thefe four loft st-
and -
and with. yet Pe' with them the
went, go 0, into Clog world, carrying

credit which flionl3 belong only 1.0 his own flgna.l
cure. In Mr. Paley's prefeace, tlievc were bungiin7,
attempts to imitate the lignature ; and he is repre•
fented as frying, to the perinns concertrA, he had a
dextrous clerk in his employment, ssho could write
four different hands, and he thould be the perfon
reforted :n, to fimilate the name cf Wawn. Situp-
fon, his Clerk, is then called, and he pertOrmi the
hufinefs with fn much talent, that Mr. Paley fondly
exults in the fuccefs of the attempt. Then they
fay this is nothing, and the cafe rf Tatlqck and Har•
ris is to be quoted upon us, which, although decided
under the higheit authority, may certainly be laid
t'r have introduced much mifchief. Here, as well
as there, we have a fiaitions payee ! the declaration
in that cafe was prepared by Mr. Jirflice CH BRE,
who was a very lea' el Sptcial Pleader, and a count
was introduced, cle,;laring the money Was payable to
bearer, when, under the contract, it appe fired to have
been payable to order. I !relieve the rpieflian on
that occall,in involved n.illiuns of property, yet

the, e is no man aceodomed to the duties
of lt'eil-
min(ler II ill, who, btf.re that decirvm, would not
have thought the ratty could have been brought in
guilty of forgery, !..ad 51, been the only peetniiary
conficleration ; but we Lave at lead Lord KrNyov's
authority far thinkir came,!. that if the perfon whole came

is ufed, were then in eallence, and his credit were
thus tiaitioufly introduced on the paper, it would
in fuch a cafe he extremely c:ifficult to recover the
bills. IVhatever may b-: the law as it now itand.,
I hope all due Weight will in Notre be riven to an
ancient maxim, founded squally on juliire and 1)(1-
licy, that the civil tights of patties wig] t rasher to
he tacrificed than that the comni:tlion of an enor-
mous clime fhould be palrsd over with 'mpunity."
His Lordfhip afterwards tittered into an
of the correipondence between the par:ie.-, ~nd into
fome curious dittititior.s on the c des wive: e notice
has and has not been deemed Li, p-•.; •.;e.:,
on hills in the rgpelive lituati,)us of dtaire:s,
indorfers, and he c:ate.itelec! tvi.h ablersi:ls to tl:t
Learned Crum .l for the Alil:.:11.!es :

•' The u'n:•.•a I can ;1,1 1 r y, 4s, is to p,7•mi• ynn

to enter y”):T And to I.rinz an

daring upi•n the tin bills, you at the fame time un-
dertaking to ;sills. Yon 141:11: pin as
many cou.its as you pleale into the di rho a'li't; and
if you obtain a ver.iia, you than be peiniiited to
prove to the extert of that verilia. But ail you
!hail grt by it will be the c!ividend on the clime, for
I will not flay the ccrtifi.iatt under the circonnl.inces
with riipea to !title accommodati -n bilis, which
appear to me to he th. deal active puifon aLtrnii.itter-
ed againfl the trade of this country. If bids (fii,
deitiriotion flionid be brought into the C'qltti of L'AW
to which I have referred, I have alwlys
that it was the duty of filch Courts to impound them,
and if you defirc of me an ()id:er in a different, form,
you will perhaps oblige me to do the Imre, ;'(lead
of giving you the opportunity of adoiaing a mode
of decilion where the doubt can bt more fuccel-tullr
removed. Seeing the maiter in the point (.1 vicia•
do, I can fcarcely justify leaving the Court without
the bills in my hand."

Flr yrzt

In Wert AA .;.

Siwe I P.:: v.. r
Hurt. t. v, 1:L.,. a I
Sir J-.)iiu hir:.l, M.! orti
of the Ros.tl li ct (.; • I:v., h; H•v,
tarts of thi. coon. t" at t?a, I tr•at t I ;12.: •

cularly 9.:d , C
complaints; brio-al -cut .1
that valuable Ey. trol
bringing into a Intail corripaf, .t v. r v it
of its excellent eit tut's. Sit j :,!s 1! Baliarn
I-loney is thereC.tc
innocent, wid ctre,9it 11 I a-
and Afehrn ts. d ate may
take it v.4.•1: the c•::.iteU h had at
11/4feirrs. ti!alw , the l'o.b:-war,
St. l'.tul's yard, who have Lt.:. died c.f. ti•e
lion. Lady execui ors .1:1
jump: HALL'S ipcs, price 3c 6.i. lll..cit mitt-es
are not Oil the it im:-) it is a vow-Jet

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TA• rl p venirg !Ix w f re A:r. r'
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t Iq. of a :WI.
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Navy, o Gm
Sane ac, at Oran e, Vorl.o i r, th, fr..r ,r 1 1.;:t.3- Kaye,
the Ri:zlir 1-1 :I 1 a,!y eVr. I:,
I u. lA, in 1...nt td.it , , °la
ciangi.ter.
On the 16th IrR. at BrJJlcl,!-Iloufe, St.:, 1!:, :he I of Joint
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