Star.
London, England, 1805-03-08 00:00:00

LAW INTELLIGENCE.

COLIer OF FXCHMITER, FEBRUARY st...
ilt. CoRYFLILS CAllf/FW V. 14ntICING AND (mtes.
The decilion in this fait was interefllng both to the
Clet gy and the Farmer, as it relited to the validity
of contraels refpeeting their tithes. The faits of this
fingtilAr cafe appeared, that the Plaintiff, being non-
refl,..'ent Vicar of the parifhes of Unyledant, St. Ives,
and Tnwednack. in Cornwall, did, about twenty years
ago, by deed, under his hind and Peal, contralt with
certain of his pat ifbioners, In behalf of the whole, to
receive of them a dear yearly turn, by way of com-
Poriti.p, for their tithe, during the time he (honld
continue the vicar, tudefs he fhould happen to veil&
on his living, or in any adjnining pari(h, in which
event he was to be at liberty to diffolt the contra.%
The other party (the parifhionerc), who had exe-
cuted the inftrument with equAl folemnity, covenant.
ed thereby to pay the Vicar the rent or compofition
agreed upon during that term, and had duly paid him
the tame ; the Vicar had never in any manner raid-
ed, but infilling that the agreement was either able.
lutely void in law, as being contrary to the reflrain•
ing flame of Queentritabett, or was revocable by
himfelf at his pleafure, after certain notice, even with-
out refidenee, filed his bill to fet it aide, , and thus to
rellore to himfelf his title to tithes in kind,which by an
alteration ir. the times were confidered more beneficial
to him. The Court, however, were unaMmonfly of
opinion, that the Vicar had nn right to revoke the
agreement during his non-ref-I dence, and that as to
the avnidinee of it under the Statute, it was not com-
petent to him to avail himfelf of his own illegal ail
to put an end to filch an. agreement, even if the 'ate
Refidence Bill had not nude it obligatory between
the parties, and therefOre offrniffed the Rev. Plain-
tiff's bolt with cofts.

COURT OF KING'S BENCH. MARCH 7.

SWUM MID °THINS, ASSIGWZIS OT GOTS* AND
ANOTHIIt, V. DALTON, ,
This was an aftion againft the. dint •td. fe-
e ver a fain of money which had been levied,. at his
fuiti and paid to him on an execution againft Coven
and his partner, who were gun-carriage makers, at
Rotherhithe, and the altion wat founded on a fait,
that thefe bankrupts had committed an aft of bank-
ruptcy antecedent to the fuing ont of this execution,
aad therefore this property belonged to the affignees,
for the benefit of the general creditors. The fa& was
clearly proved ; but it appeared that Colonel Sin-
clair was a pattner in the firm of this honfe, and his
name not being in the commifilon of bankruptcy, it
was held an illegal one, inafmuck as no joint corn-
million can iffue againft part of a firm of a houfe,
but mud either iffue againft each individual of it, or
againft them aU. The Plaintiffs were nonfuited.
Two other castes were referred.
STOICS V. THOMPSON.

This was an anion upon a Policy of Infurance,
underwritten by the defendant upon goods on board
the Little George, from Quebec to Brittol, which
was loft by the perils of the tea. The Policy was
dated the z3d of December, 1803.
The whole of this cafe was tried upon admiflions.
It was admitted that the Little George belonged to
Mr. George Symes, the plaintiff, and that the Policy
was defied by John Price, of London, in conic.
qnence of inaruitions received from the plaintiff,
through Mr. Richard Price. of Liverpool. The only
quefiion in the cafe was, whether the broker had dif-
doled all that be ought to have difclofed, at the time
of making the infurance, and whether his conceal.
ant of certain lath had not vitiated the Policy? It
appeared that Mr. Price had made a memorandum
upon the back of the letter, containing his infiruc.
Lions, fignifying that he was not to make the info
rance for ten days after the receipt of frefh inflruc.
tilos, which fad Mr. Garrowinfiffed, had it been made
known to the Underwriter, would have encreafed the
premium, as it evidently (hewed that the plaintiff,
was difpoced to take the ri(k upon himfelf for ten
days, the probable period of the fhip's arrival, and
not having arrived it threw a degree of fufpicion on
the voyage, which ought note* have been concealed.
The original letter, however, from the plaintiff being
produced, infieading of defiring the broker to watt
ten days before he made the infurance, the words
were—" Do not wait more than two days before you
get the Policy effeeed."
This Lord ELLIMOILOUGH confidered as materi-
ally altering the cafe, and mght be confirued as a
direlion to get the policy effeded as fpeedily as pts
fible ; he, therefore, directed a verdie for the Plain-
tiff. Are rdie accordingly.

AOINIPT IP. COUSINI AND OTHERS.

This was an a6ion brought by a Captain, again(
Lis owners, for freight under a charter party, and
alto with a view to adjuß the flip's accounts. It
appeared. that after the (hip failed the met with da-'
wage, and was compelled to put into Falmouth for
repairs. The repairs coming to a very large fum of
money, the owners refuted to pay, and the •Captain
was compelled to give a bottomry-bond to the thip-
builder, which bond was put in force on the (hip's
arrival at Tenerife. The Court then defined the
proportions as regarded the owners, who refuted ul-
timately to comply with the decifiott of a foreign
Court.• After the caufe had proceeded at tome
length, it was agreed to refer all matters in difpute
to Mr. Hankey, who was to fay what was juft and
neceffary to be done.

COUNTY Assizss.—The Affixes for the County of
Northampton began on Monday. On Wednefday
morning, before blr. Jugiee CHAMBRI and a Special
Jury, came on for trial an glint) of affanit, brought
by Dowbiggen, Efq. againft Levi, Efq.
It appeared upon evidence, that the Defendant, in
contiquence of a quarrel at a horfe.race. had affatilt-
ed the plaitriff with much violence, and had aced his
horfewhip as an offenfive weapon of attack. Mr.
RIADVII, as Counfel for the Defendant, attempted to
Sew that provoking language had been firft held by
the Plaintiff. Mr. Serjeant Vauonau replied, upon
the Defendant's cafe, and the Jury found a verdia
for the Plaintiff, fool. damages.—On the Crown fide,
charged on.the oath of Samuel Pelham, of Welling-
bnrongh, lace-merchant, Henry Spur was indiaed for
fleabag from the top of the Worcefler ftage coach, a
box of lace, value aool. The box which had con-
tained the lace was found empty, and floating .in a
mill pond.; the lace was proved to bare bees fold at
a diminifhed value by the prifoner, who, after a king
hearing, was pronounced guilty by the jury.