Star.
London, England, 1802-03-04 00:00:00

LAW INTELLIGENCE.

COURT OF CHANCERY, MARCH 2.

THE VIIIVERSITIRS OF OXFORD AND CAMBRIDGE V.
Missal. RICHARDSON!.
Agreeably to the adjournment of yefterday this
bufinefs again came before the Loa CHANC.ILLOR
to•day ; when, after an anfwer of confiderable
length on the part of the Plaintiffs, by the Solici-
tor General, Mr. Mansfield, Mr. Richards, and
Mr. Ansley • and a reply on the part of the De-
fendants by Mr. Plummer, his Lordtbip laid :
If it were proper that the injunftion should be
taken off, any delay on his part would certainly
be injurious to the Defendants; but if, on the other
hand, it ought not to be taken off, it would be as
improper to give a hefty decifton on the fubjeft.—
Had he been aware of the importance of the quag
don. and the length into which the arguments had
run on both fides, he felt no difficulty in raying,
that he mould have required affiftance in hearing
the cafe ; but after having given his opinion, on
which ever fide it might -happen to be, if either
party were at all dilfatisfied, he had no objellion
that the order atonid be re-heard, and again dif-
cuffed. He should give his decifiOn either to-mor.
row or Thurfday morning.

COURT OF COMMON PLEAS, MARCH,-
Iticopis XL MID °THUS V. HICTOR •111) OTHERS.

This cafe occupied a confsderable portion of the
time of the Court, and from the nature of the de-
fence afumed a very ferious and important afpeti.
It was an anion of trefpafs brought by Mail,.
IKonnel and Ca againll Mars. Heßor and Co.
to reeever damages in confequence of the Defen-
dants having taken the property of the Plaintifif as
the petitioning a editors and alEgnees of their effete
and Oita: under a commiffion of bankruptcy.
The Tingle queltion in this cafe was, whether the
eonsmilika of bankruptcy ilfued apina the Plain-
tiff, cook! be fepported in point of law t
_The Wee was upon the Defendant, whofe cafe
was opened by Mr. Serie.ailt Barr. He Rated the*
a regales eomesiifion bad lined againa the Plain-
tiffs oe the petition of the Defendants, who were
deferibed as Merchants formerly carrying on trade
In North Britain, wed letely in London. The de-
IllAnt4 for which the *lion was brought arolk opt
of the entitle& gloved into upon the CoAtiarnt.
and although tome of them s.-rsed to tranfaftions
which were uslanthorized hy the revenue haws of
this CousAry, yet it had been decided that an oh-
, *Rion fanged on the nature of Inch tranfatlions
ould not defeat the valves right to petition
19r an all of beskruptcy.
Evidence fee the petitioning creditor's debt haa-
.. been given—
‘A:r. Serino Cocaata replied on the part oFthe
obkrvistg that the commillion of beg-

*V

ruptcy was altogether illegal. He Aged that the I
Defendant* had defcribed themfelves as traders re-
fident inScotland,and recently in London. Neither
of there allegations were true, the fad was, they
had carried on their concerns in the Batavian Re-
public, and at the time the debt in queftion was
contraded, ?elided at Fluthing ; the Plaintiffs were
then Merchants at Dunkirk. The parties were all
Brides fubjeds, and owed allegiance to his Majef-
ty. In order to authorize a commiflion of bank-
ruptcy it was neceffary there &mild be a legal peti-
tinning creditor, a regular ad of bankruptcy, and
la legal debt. With regard to the fire, and in this
cafc the principal (pawn, he fhould contend that
the Plaintiffs were not legal petitioning creditors.
He had ever confidered it to be law that no man i
was capable of becoming a petitioning creditor for
a commiflion of bankruptcy, who was incapacitat-
ed from maintaining aciviladiont.Orecover Jimmy.
The Defendants were natives of North Britain,
and fubfequent to the revolution in Holland, had
tetided in the Batavian Republic—of coerce they
Rood in the fituation of alien enemies, as well as his
own Clients, who were alto Bride' fubjeds, and re-
fided at Dunkirk. There ponies bad been carrying
on a nefarious and (hocking traffic, hoftile to the
interees of this country. By an Alt of the 38th all
his preterit Majetly, made upon an occafion every
good fubjed would regret, it was enaaed that
every Briti(h tubjeft, who fhould voluntarily de-
part from this kingdom to the dominions of his
Majcfty's enemies, or who lhould remain in them
U: months after the date of the A 4, (hould be
confidered as a felon and fuffer death. The Defen-
dants he confidered were within the very kope and
predicament of this Al. It appeared from the
tedimony of the Defendants' own witnelfes, that
two of the Partners had come to this country, but
that a third, Mr. Read, fill refided at their honk
of trade, at Fluthing. It further appeared, that
the accounts current between the parties on which
the balance was (truck, applied to concerns in the
year 1799. when France and the Batavian Repub.
fie were at war with this country—he therefore
contended that the Defendants had given a death
blow to their own cafe, and had clearly (hewn they
were not entitled to be petitioning creditors for al
commiflion of bankruptcy.
Mr. &rjeant BUT maintained the Defendants
were in a condition to fue for a debt, two of them
were now in this country, within the King's protec. I
tion, and had a right to appeal for juftice to his
Courts.

Lord Ai.v I LET obferved, that the Defendants
having been relident at Fluffing prior to the war
between France and Holland and this country,
were not, as had been Rated, felons, for having
remained there, but were only fubjeeted by the
Alien Bill to' wo years imprifonment for a milde-
meanor. He could not conceive how they could
be entitled to bring an action for a debt incurred in
any enemy's country during hoililities. An Eng-
Batman who carried on trade with an enemy, was
himfelf, by the law of the country, confidered as an
alien enemy, and if he dealt in warlike Sores, was
a traitor. He had no doubt that a Britiih fubjea,
who carried on trade abroad, with a State with
whom we were at war, was as much an alien ene-

'my as jibe was a Frenchman.—The argument that
a Brit fubjeit carrying on trade in France,
could bring an anion, when a Frenchman could
not, was what he had no conception of. It ap-
peared that one of the partners was fin} in an ego--
my's country. The Republics of France and Ba-
tavia mull necefarily be confidered as hoilile, not-
withftanding the Preliminary Treaty. He walled
to Goa we could confider ourfelves as at peace
with France : but that was impoffible till the Ra-
tification of the Definitive Treaty. His opinion,
therefore, upon the whole was, that the Comtnif-
fon was not

The Jury, under the direaion of his Lordfhip,
returned a verdiet for the Plaintiffs with 4os. da-
mages, allowing to the Defendants the liberty of
applying to the Court for leave to enter a verdia
in their favour, if the Court should be of opinion
they. were legal petitioning Creditors.

COURT OF KING'S BENCH, MARCH s.
LAWLIIII V. SCRIM, ♦ND (WNW.

The Plaintiff brought this aelion to recover of
the Defendant the penalty inspofed by the flaunt
of *fury, for having dikonnted a bill of tool. for
which he had only givep him z al in money, and
for the remainder had forced a quantity of goods
upon him, which only fold for about 601. The
Plaintiff wholly failed in making out the cafe,
and the Judge direded a nonfuit.

IBIAIt 9. SMITH.

This was an anion brought by the Plaintiff to
recover the faro of p guineas, for providing a cer-
tain number of lifters to go to the Eaft Indies, at
the rate of three guineas per man. The defence
was, that the Defendanshad mjelted fveral of the
tailors, and was therefore not bound to pay for
them.

The Jury thought otherwife, and found their
verdift for the Plaintiff.

JOHNSTON V. WHITE.
Mr. PARE Lud, that conlidering the number of
caufes which remained to be tried, and the filer*
nets of the time at prefent allotted for their trial,
it would be unpardonable in him, if be made a long
fpeech in the cafe be was about to fubmit to the
jury. But unlefs he was Stang* mifinftruited,
which he had no radon to fulpeel, he fhould not
only have the verdill of the Jury, but alto the in-
dignation of all who heard him would be diteteted
towards the Defendant. He could net help ob.
ferving, that his learned ftiend, Mr. Ertkine, bad
what was called a watching brief, and the holder
of it would belittle more than a watchman upon
this occafion. The Plaintiff in this anion was a
poor woman, a widow, who had been left in a dif-
treffed fituation with feveral infant children. She
had had the misfortune to fall, into the hands of a
you man, who, he underflood, was a Candidate
for the honour of being admitted into the profer-
(son of the law as an attorney. The Plaintiff in this
atffiPn was a widow: her bu(band. had employed
Mein. Noy and Templar to, traufeft Come bufi-
nets fur hied as attorney. which thq; be bad no
*Abe, had dranfatied fairly, they bttog honour*,
Wait- JAW" dipd in thcht debt to pry y~lpta~te

of about 171. leaving his widow, the Plaintiff, in
this nainn• The Defendant, Mr. !oho White,
was introduced to this woman, avid the coon gor
into his hands. He told her, that Noy and Tcm
plar were very bad men, that there was, not fo
much due as they Rated in their bill, and that he
would reduce their demand very much, and that
he would take care of the bufinefs if the would
give him 151. She gave him the money, but af-
terwards The could never get any fettlemcnt from
him, nor did he pay a flulling of the debt. He
pretended that he would get the hill taxed. This
Gentleman acted under another of the name of
Share, as he underftood, who bad been fitid to
fbave his clients pretty tinkly iu fome cafes: how.
ever, be that as it might, certain it was, that this
money was never applied to the payment of the
bill of Meffrs. Noy and Ten:plat, and, therefore,
this affirm was brought for money had and receiv-
ed by the Defendant to the PlAintifrs ufe : he
thould prove the payment of this money to the
Defendant, for the purpofe he had already Rated.
The Defendant bad given this poor woman notice
to produce her letters of adminißration to her
halband, alledging, that the was to pay this mo
;icy as executrix of her hutband, &c. Mr. Park
aid, he was glad of that notice, becaufe that would
entitle the Plaintiff in this aaion to recover 61.
more of the Defendant, for the gave him that mo-
no to take out Ibis adminittration. which, Mr.
Park raid, he knew he had not done. And then
he had the modelly to call for it, without giving
the Plaintiff. the means of doing it. He thould
prove this cafe, and then he Ibould be entitled to a
verdia.

Sarah Smith, the filler of the plaintiff, beingl
(worn, raid, Mrs. Jofinfion is a widow. I know
the defendant, Mr. White. I recoiled his intro-
ducing himfelf to the plaintiff, in the charader of
an attorney. He reprefented himfelf to Mrs.
Johnfton, as an attorney. I recoiled a debt due
from my filler to Meffrs. Noy and Templar. The
defendant had a converfation with the plaintiff,
and he told my finer, that he would get Meffrs.
Noy and Templar's bill taxed, and he was lure
they would take fomething lets than the futn due.
My filler authorized him to take proper Reps for
that purpofe. He had 151. of my filler : 1 law her
pay it to him, all in one pound notes. It was for
the purpofe of feting Mai.. Noy and Templar's
bill taxed. _Mr. White told my filler, he fhould
fettle it as loon as the Counfellors were come to
town. This was on the zoth of May. I remem-
ber her afking the money of him back again, about
five months ago : he Paid then, that he had been
ill, and that was the reafon why he had not done
the hufinefs. She afked him for the money at
another time, and then, he Paid, he would return
the money. Four pounds were given to him to
take out adminifiration; and he came afterwards
to my mother for sl. more.
Mrs. Smith fworn.—.., I am the mother of the
plaintiff, Mrs. Johnflon. I have leen the &fen
dant about my daughter's houfe a great many
times. He reprefented himfelf to my daughter as
an attorney. I have fent to him from my houfe
as an attorney. I aficed him, what the realm was
that he had not fettled the bufinefs of Mrs. John-
(ton I told him I thought it was time for him to
return the t5l. he had of her, or have the bufinefs
fettled, ashe promifed. The left time I law Mr.
White,. be Paid the Judges were not in town ; but
he told me, it fhould be -fettled in a very !bort time.
This was about three months ago."
Mr. Eames made a fpeech in favour of the
Defendant. He had a witnefs, but what he bad
to prove, although it took away the imputation
of moral guilt from the defendant, who had a
demand upon the deceafed Johnlion, would not
be an anfwer to this a&ion, and the: efore he would
not till the whiles.
Mr. Pace raid, he had rimed, that he would fix
the defendant with the 61. for the money for the
adminifiration, which he had certainly received; ,
but he had done what was right upon that fubjed,
and therefore he fhould not define that furo to be
included in the verdil.

Verdi& for the plaintiff—Damages 151.
Mr. Juftice Gaoss Paid, he hoped there was a
miftake, or misfortune, on the part of the defen-
dant in this cafe ; for if it was all true, as it
appeared, and there was nothing to explain it,
fuch .a perfon would be very unfit to become an
attorney.
The defendant averred, molt pofitively, that he
had been wickedly mifreprefented by thofe who
inftruaed Mr. Park in this caufe. Some of the
greateft falfehonds that ever were afferted had been
made de of with regard to him.