Star.
London, England, 1807-04-29 00:00:00

DO! V. RIANNINC AND ANOTHER.

This was an affirm of ejeament brought to reco
ver the whole of certain premifes in Bermondfey, a
part of which the Defendants claimed an interelt in,
under the late letfor.

About the year 1782, the father of the Defendants
conveyed certain parts of the elate to his mother,
for her life, who loon after dying, he made another
conveyance of the fame portion to the Defendants,
his brothers and fillers, for their ufe and benefit, dur-
ing their lives. In the year 18ox, he difpofed of the
whole of his remaining intereft in the preanifes in
queflion, to the leffor of the prefent Plaintiff, but did
not give notice to him of the conveyance to his bro-
thers and filters ; and, loon after dying, the leffor of
the Plaintiff brought this aelion of ejeftment to reco•
ver poffeflion of the whole of the elate. The princi.
pal Lie left to the Jury was, whether the deed of the
conveyance from the deceafed to his family, was
executed in contemplation of fraud, or otherwife ?
And the Jury found that it was not a fraudulent deed..
Mr. Laws formerly obtained a rule to Phew cnufe
why the verdift in this cafe fhould not be fet afide,
and a new trial granted; and the cafe now came
before the Court upon a folemn argument ; the quer-
don being, whether a voluntary conveyance, without
a valuable confideration, was to be confidered a
fraud in law, and the deed confequently an invalid
inftrument, as againft a bona fide purchafer for a full
and valuable confideration ?

Mr. Laws, in fupport of the rule for a new trial,
contended, that from the very firfl authorities in the
books, a voluntary conveyance, without valuable con-
fideration, was always held to be prima facie evidence
of a fraud in point of law. The conveyance, in the
prefent cafe, he confidered as coming direaly within
thefe authorities, and the legal conclufion drawn in
all fuch cafes was a conveyance in contemplation of
a fraud. The Learned Counfel here quoted a vafi
number of authorities of the firfl Judges of their time,
in fupport of this pofition.
Mr. Serjeant Besr contended for the contrary
doctrine, as laid down by Lord Chief Juffice Hale,
Chief Baron Gilbert, Lord Chief Jullice Eyre,
Loid Mansfield, and others; and in the moll able
and learned argument infilled, that, in point of fad,
there could be no contemplation of fraud whatever
in this cafe, the conveyance itfelf having been made
upwards cf twenty years before any fraud, as againfl
the.prefent Plaintiff', could ex& He retied his cafe
chiefly upon the number of authoritiesin his favour
outbalancing thofe of his Learned Competitor, the
confiruaion of the flatute of vyth of Elizabeth, and
the faits themfelves ; and, upon thofe grounds, he
fupported the verdia as it now flood.
The Courtr confidered this a cafe of the hig!rell
importance, as it refpeaed voluntary conveyances ;
and, unlefs the quettion was folemr.ly confidered, and
the rule of law perfealy afcertaincd, all conveyances
of this nature mull hand in a very doubtful and dan.
gerous predicament. From the great variety of au-
thorities cited uprli both fides, and the .very great
contrariety of npininbs entertained by there Learned
Judges, the Court expreffed a defire, that. if the pro-
perty was fufficiently confiderable to bear the ex-
pence, the cafe firould be put into the fhape of a fpecial
verdkt, for the conlideration of all the Judges.
Mr. Serjeant BEtt replied, that the whole of the
rents were onlyssbout 2001. per annum, which was the
only property his clients had in the world.
Under there eircumfiances, the Court ordered the
cafe to (land over for further argument next term.

MANDAMUS.

Mr. PEAKft applied for a Writ of Mandamus, to be
directed to the &layer and Burgeffes of the Borough
of Carmathen, defiring them to admit Mr. William
Skein a free Burgefs of that Corpora.ion. The
Learned Counfel was proceeding to hate the words
of the charter, when the Court reminded him, they
were pettedly acquainted with it already. He then
Dated, that the Corporation inflated that Mr. Skein's
title was not regular, inafmuch as the leafe and re-
leafe (as they term it) did not bear date the fame
time, becaufe in the body of the deed were there
words—" Indenture of leafe and releafe, beaiing
date the day next before the day of the date of there
piefents ;" which were the ufual words in all con-
veyances of that nature. The party was qualified to
be admitted to be a Burgefs in every other remelt.
The Court granted the writ.

The firft foundation ftone of the intended New
Corn Exchange, in Brunfwick ltreet, Liverpool, was
laid on Friday lan.
Wednefday laft, a gentleman fell from the head of
George's Dock Pier, Liverpool, at low water, a height
of nearly thirty feet, end fortunately cfcaped without
any other hurt than a few flight bruifes.
Monday as a young woman was croffing Wheeler
ftreet, Spitarfteids, the was thrown down by a cart,
one of the weels of which went over and broke both
her thighs. She was taken to the London Hofeital,
where it wa feared amputation mutt enfue.

POI. ICE.

.9 pivinbrok-r in Btrmondfey, Iva* yeller. day
charged at Union Hall with refuting to deliver to a
Mrs. Heddon fi.rne paintings, which the had pledgetl,
on her tcrdering the principal and interell. This re.
filial he pertinacioufly adhered to, and condueled
himfelf with fuch contumacy before the Magi (rates,
as to induce them to comma him in the county gaol.
Mrs. S. a baker, was charged with having in her
poffeffion 17 .I.raves which were 58. ozs. Ilion of
weight. This bread, which was intentkd frr a poor-
hnufe, was equally deficient in quality,The was there.
fore fined in the full penalty, ss. per 'oz.
Y. Taverner, a hackney coachman, was yefierday
committed to New Prifon, from Hatton Garden
01111:e, f:r, while in a hate if drunkennel', the pre.
ceding night, driving over a Mrs. Rands, and there.
by braking two of her ribs ; and for a violent affault
on the officer who apprehended him.

CITY PamLicrs.—Several watermen from St.
Olare's Stairs, Tooley (beer, yeflerday complained
to the LORD MAYOR, at the Wolfson Houle, againft
the matter of the [kip Hope, a coafling vette' from
Bridgewater. They charged him with unloadinghis
cargo, with the atfillance of lighters, fo near to the
(lairs, as to almolt (hut up their plying place, and en-
danger the lives of all perfons frequenting it. The
Captain, they laid, had been warned of the danger
to which the parties, their boats, and the public, were
thus-expofed ; but he paid no attention to, their re-
monflrance, until one of their boats was damaged.
They added, that the place being within the jutifdic-
dieTion of his Lordfhip, he had it in his power to
a trot d redrefso nd that complaints had been frequently
made upon the fubjed of this grievance, feveral per.
lons having been drowned in confequence of it, within
thefe few years.

Capin Snow, the principal Harbour Mailer, at-
tended, and it appeared from his teffimony, that the
Hope was not improperly moored, if fh:vhad delivered
her cargo at the wharf, but that the danger and
damage arofe from the lighters employed in unload-
ing the fhip fo near to the !lairs.
The Loan MAYOI ordered the Captain to pay the
amount of all the damage done, and expenees incur-
red. His Lordfhip gave notice, at the fame tiny ,
that all perfons fo offending in future, by unlawfully
cbftrulting any plying place, man be profecuted at
the expence of the City.
Yeflerday three young men, named Beans, Yana,
and Paull, were brought before the Sitting agif•
trate, at Guildhall, charged by a fourth, named
Collins, with a violent affault on the preceding night,
at a public houfe in Salifburylquare, Fleet-ftreet.
It appeared that the delinquents were Welch (lore-
mafons, who having devoutly kept the weekly fefti-
val of Saint Monday, had adjourned with fome others
their companions to spend their evening at the Paid
public houfe ; and having duly difcuffed the affairs in
Poland, the charaeers of Boney and Bennigfen, the
French and the Ceraeis, not forgetting the purragaiws
of Parliament, the converfation next turned upon
profeffional lubjetts, and upon comparifous of their
refpetlive capabilities. Argument turned to difpute,
next to altercation, and finally to blows; when cud-
gels, pokers, tongs, pewter pots, and glades, were
dealt about the heads of each other with a degree of
fury, which threatened- fatal confequences. The
complainant, Collins. who was prefent, feeing his
brother's life in danger (he being one of the cousin.
ny), ruffled into the thick of the fight to extricate
him ; but inftantly innumerable blows from the wea-
pons before mentioned, affailed him on all fide'. -md
he was obliged to fare his head by running it up the
chimney. By this manoeuvre, the combatants were
attraded to another quarter of the battle, whilft the
complainant (Collins) retreated, called the watch,
and, after fame refiftance, fecured the three delin-
quents, who were cbnveyed to the watch-houfe.—
All the parties bore Ailing marks of the ♦iolence
they. had fultained in aeion ; and had it not been for
the fortunate thicknefs of their fkulls, their brains,
if they had any, mull have been knocked out.
The delinquents, in their defence, pleaded that
they had no ill•will whatever towards the complai-
nant, whom they were very lorry to fee injured : but
that he received the injury by his own interference
in a quarrel which originated entirely through his
brother, on whole account he had come into the
affray. They were willing to make him any reafon-
able compenfation fur any hurt he had received.
The Magiftrate, after fevercly reprimanding the
parties, and admonifhiag them againft idling their
time and fpending their money in public houfes,
dif-
miffed them to make up their quarrel in the belt way
they could.

On the Igth inflant the Aniverfary o Humane
Society was celebrated at the'Landon Tavern. Above
300 Gentlemen were ptefent I and the King's health.
as Patron, was follcwed by an applanfe almOft
paralleled. The Treafurer introduced the grand
procefflon of Lives reffored:—Ayoung Get:thaws. fel--
cued from the watery grave, returned thanks. W.
M. RussecL, Efq. expreffed his gratitude for the life
of his only fon. Mrs. WI ts.si likewife for the life of
her child, and faid'repeatedly—May Heaven 610 and
ptyper the Humane Sociely!—Dr. HAWES, in his appro-
priate addrefs, ooferved, that ere long it was his ar-
dent hope, wherever there was water to drown. or
noxious air to fuffocate, there would be linoserse So.
defies to rave and to refufcitate.

It is a fait that there are more capital Prizes new
in the Lottery wheel, after two days drawing of a
fcheme of but 25,000 numbers, than were formerly
at the commencement of the drawing' of Lotteries
confining of 60,000 Tickets. In truth„fuch is the
extraordinary opulent Rate of the prefent wheel, that
the xO,OOOl. Prize to the firil drawn'number next
Saturday, i 3 but one of the many interening (Neat •
which, at this moment, fo forcibly and critically in•
vites the embrace of adventrirers.

With pleafure we communicate the information
we have received of the Ticket No. 24,305, entitled
to 20,0301. on Thu, fday the z3d irritant, dieted by
BRAN SCOMB and Co. No. t t. Holborn, 37, Cornhill,
and 38. Hay-marker; the Half being Quid to a club
of 40 Members, in Oaford.Rreet ; the Q2arter to a
Club of 2+ Members, at Norwich ; one outteenth to
a Club of is tileroVers, at Thame ; an Eighth to a
family at &Mary ; and the remaining Sutteeath to
vne of our Wyse Defenders on board the Bedew,
off Plymouth.