Star.
London, England, 1807-06-25 00:00:00

LAW 1111 TE LL IGEN& L
COURT OP EXCHEQ_UER, JUNE 14.
SHARP M. FAWKIS
This was an anion of ejeament, brought on the
part of the plaintiff againli the defendant. It ap-
. cti in cafe, that the defendant rawkes had
occupied an orchard, rattler an old leafe, at the
yearly lent of 241. At the expiration of his leafe,
the orchard was valoed by the plaintiff, when it was
ellimated to be worth forty guineas per annum.—
The defendant agreed to pay this tent, under and
prefs agreement, that his leafe was to be renewed for
twenty-one years. Accordingly, he continued in
poth%on for five years, without receiving arty notice
to quit the pternifes from his landlord, who is the'
plaintiff. It appears, that although the kale was'
never executed; there was a written covenant be.
tween the parties, which prohibited the defendant
from cutting down, or otherwife defiroying any of
'the trees ; and efpecially cutting any part of the lop
wood. In the year 1804, the defendant was in-
fretted that the leafe was not to be executed, becaufe
it was found, that he had infringed the articles of,
the covenant, hy pruning, lopping, and cutting;
down, from the trees in the orchard, not only ds-1
cayed branches, but alto firong and trig nos limbs,'
to the manila injury of the erchard,eontrary to 'h.
exprefs Oipulation of the covenant. Thefe were
tie
grounds on which the aftion of ejeament mit fonnd-
ed ; and the plaintiff endeavoured to fubliantiate by
evidence; that very fetions injury had been done to.,
the orchard by the defendant, who had injudicinuays
and in great quantities, cut down the branches from
the trees, and that confequently the defendant had
forfeited his leak to all intents and purples. On the
other fide, it was maintained, on the part of the de-
fendant, that all he had done to the trees was with
the fole view to render them more prodnaive, in re-
fpe& Coat they were in a very decayed Rate from
their great age, and that there was no other mode
left to him t" prevent them from dying away entire-
ly : the evidence he brought went to prove this fa&,
The Learned Judge, Baron GRAHAM, recapitulated,
very diainaly, the whole evidence to the Jury, whn,
after fume ferious deliberation, found a Vetdia for
the defendant.

COURT OF RING'S BENCH, JUNE al.
AL/IMLAY W. WILLIAMS.
This was an action of tretplfs. brought by the
plaintiff, who is an audioneer, againft the defendant,
a conttable of the pain of Chriik Church, Middiefes.
The declarati-m it deft, that the defendant had trio
lently krnken into tie auThon room of the plaintiff,
and forcibly drove away the pert us who were en
poled to become the pm-chafers articles put up tr.r
audion. The defendant, h,,wtver, juftific him!elf
under a warrant from the Polies Office, which direc-
ted the conftable to apprehend ail rogues and vaga-
bonds, and oilier diforderly perfons.
The Counfel for the plaintiff contended, Or
fuch a warrant could not jut'ify the defendant's'
eirering a tradefman't fhop, who was purfuirg hi,
lawful occupation, and forcibly driving away the
cuflooners there affcmbled. He took it for granted.
he faid, that there was tome fiatute in the Statute
bonks, which authorized the granting fuch a way
rant ; and it fo, he thould diftindly prove that
the plaintiff could never be the fubjed of its ope-
ration. In point of fad, the plaintiff was a regu-
larly Heeded auftioneer, and had tale-roams. at
No, 15, Paternofter row, Spitalfields, where he fold
by au&ion twice a week. On the 23d of March
laft, at a little after ten in the evening, while the
plaintiff was felling fume goods, the defendant en-
tered the room, and infilled that the audion fhottlefl
ceafe: The plaintiff replied, that he had nearlr
done. The defendant infided that he fhould give
over immediately, obferving that the perfons affem-
bled were all a parcel of rogues and vagabonds,
and that he could apprehend the whole of them.
—lt appeared, that a Mr. Moore, a tallow-than-
diet, was in the room, and he ventured to fay,
that he thought' Mr. Williams behaved ill, in
abufing a whole company, whom he knew nothing
of ;" upon which the defendant " Oh, Sir,
I fhali take you for one," and immediately dragged
him away to the watch-hoofe, and kept him in
the black-hole all night. He then brought fur
troles from the watch honfe, and cleared the fate-
room of all the remaining company. It was for the
trefpafs dcfctit'ed that the plaintiff brought his ac-
tion, and fought a recompense in damages.
A clerk from the Eicife Office proved that the
plaintiff was a regularly licenfcd audioneer.
Two perfons prefent at the fate, Mara. Badden
and Moore, proved the tranfadion' as (fated by the
plaintiff's Counfel. Moore laid he had alto brought
an aflian againft the delendant, for falfe imprif
silent, but had dircontinued it, the defendant agreeing
to pay coils.
Mr. Gaititow ads-examined the witneffes, to
fliew that this was a mock auOion,
and a fraud prac:
ticed upon the unwary, by felling articles of the
wor ft delcription, under the fpecious appearance that
they were of better manufadure. As the eanfe
proceeded it turned out, that the defendant ha Lord
tiered amends to the plaintiff, upon which
Ei.sswanscucto lecomnicnded that a Juror timid
be wati,arn, and each party be left to pay his own
coils. This propofttion was agreed to, and a Juror
was withdrawn.
WILLIAMS ID. RICHARDSON'.
This was an aelina of affiault, brought by the
plaintiff, a decrepid Greenwich penfioner, againft the
defendant, .a mailer chimney-fweeper. It maul out
to be a trifling fquabble between the families of the
two parties, who lived together in the fame court
but as the defendant endeavoured falfely to throw
the blame upon the fhoulders of the plaintiff, the
Jury gave the latter a wadi& with twenty guineas
damages.

THR Kum; v. JOHN LIST.
This was an indiament brought by one Lama,
againft the Defendant, for an aff.sult. The parties
are both duftmen, the Profecutor contrailing for the
4itlria of St. Mary, Iftington, and the Defendant,
with reference to his conduit on the prefent occafton,
is, what is denominated a Flying Duftman. The
faits Writ, that the profecntor found him colleBing
dull within his diftria, and, getting upon the wheel
of the Defendant's cast to afcertain the faa, the De-
fendant ibuck him a blow oat the kele of the head.
The profecutor, upon this, carried him before a Ma.

gillrate, who conviaed him in the penalty of 4os.
and the profecutor, in addition, indiCted him for the
affault. l'he priifecutor's cafe was proved in evi
dente, and the Defendant found guilty.
HUGHES V. HALL.
This was an action for money had and received.—
It appeared that a gentleman, named Hale, agreed
with Mr. Hughes, on condition of his railing him
vol. to give him a fituation of tool. a year—that of
ftiperintending his (Mr. Hale's) coal mines in Wales.
An agreement was according entered into, to which
the Defendant, the mother of Mr. Hale. was a party,
and the 3001. was advanced. In the fequel, however,
I it turned out, that the offer of fupetintending the
coal mines was merely a pretence for getting the
money. The quellion therefore, was, whether the
Plaintiff could recover, as againft the Defendant, the
having made iierfelf a party of the fiaion ? It was
admitted that the Defendant had received no part of
the 3001. to her own ule.
Lord Et.t.smaotoucH laid, that the Plaintiff could
not recover on an affirm for money had and received.
The Defendant might be liable upon an alion for a
breach of contraa or for fraud, but not for money
had and received..—The Plaintiff was ninfuited.
—..—

COURT OF COMMON PLEAS, JUNE $2.
1110ISIAY V. GEARY, BAIT.
The plaintiff keeps the Tiger's Head, at Fontfcray.
During the elation for Kent, in 1802. when Sir Wil
Liam Geary, the defendant, was a candidate, he fur-
nifhedbis claims with chaifes, the expences of which
amounted to 1201. Defendant paid 601. and now
paid 251. into Court, but rt filled the remainder of the
demand, as an overcharge, and as a charge to which
Mr. Honey wood was eqnally liable. It appeared
that the plaintiff took lath an 'lateral in favour of
the defendant, that he expended a great deal of his
own money in endeavouring to fecure his elation.—
Verdia for the plaintiff-591.
IA IPi IR V. wutrwoarn.
This was an affirm to recover 251. the produce of
Come timber, which the Defendant, who is aultioneer,
had fold, belonging to the Plaintiff. It appeared from
' the evidence, that the Defendant had not been etn-
royed by the Plaintiff to fell the timber, nor did he
now it belonged to him till he commenced thisaltion.
The timber lag on-the premifes of a Mr. Wilfon, who
frequently urged the Plaintiff either to remove it from
his premifes, or enable him to difpoft of loch part as
would compenfate him for the Cum the Plaintiff &rod
indebted. An auairneer was engaged to fell the
timber by Wilton, at the exprefs defire of the Plain-
tiff, wholrequetted him to receive the produce, and
'take from it the (urn owing to him. Wilfon did not
infotm the Defendant that the timber belonged to the
Plaintiff, bin defired him to pay what it producesi
mt his ( Wilfun'%) hands. The Defendant did fo, and
Wilfon paid It into the hands of the Plaintiff, deduc-
ting his debt of 251. and for which this adtion was
brought. It was contended, that the Defendant
ought.-en have paid the money into the hands of the
Plaintiff, he well knowing that the timber was his
property.
Sir JAMES Mawsrts t.o obferved, that if the Jnry
believed what Wilton had [laved, that he did not in
form the Defendant that the timber belonged to the
Plaintiff, the aoaioneer had a tight to conclude dr at
it belonged to Wilion, and he was jnlli6ed by law in
paying what filch property produced into his hands.
The Jury being of his Lordihip's opinion, returned
a verdift for the Defendant.

PROVIDIINTIAL PRLESERVATION.

Mr. S--, furgenn, in Dethy (hire. a gentleman
of eztenftve praEtice, which occafioned his attendance
on patients in houfes difperfed in the country, con
•fiderably difiant from his own refidence, dreamed one
night, that, being called on to attend a farmer's wife,
who refided a few miles diftant, he was attacked and
murdered in a certain lane, which it was necefrary
for him to pafa through on his way thither The
agitation of his mind, in confequence of this fuppofed
attack, awoke him ; when finding his alarm was no
thing but a dream, it made no further impreffion on
him, and he loon fell afleep again. In the fecond
fleep, the fame horrible circumstance again prefented
itfelf to his imagination, and he awoke as before.—
' He, however, went to fleep a third time, when ano
ther repetition of his terrific vifinn caufed him to
awake in fuch an :tgitated (tate of mind, as induced
' him to awake Mrs. S. to whom he communicated
this fing,ular occurrence ; the relation of which he
had fcatcely rinithed, when a violent knocking at the
d, or was heard. Mrs. S. very much alarmed, in-
fitted that Mr. S. fhould not get up, on any account,
and went herfelf to the window, to inquire what was
%valued ? On which a man informed her, that Mrs.
—, (meaning the very perlon who had been the
fnbjeft of Mr. S.'s dream) was taken in labour, and
that Mr. S 's immediate attendance was required.—
Mrs. S. replied, that Mr. S. was indifpofed, and
could not attend her. The man urged the danger
of her funatif n, and the confetpient necetlity of Mr.
S.'a going with him ; but Mrs. S. telling, him that it
was was very fingtilAr the perfMn he mentioned fhould
be in the lituation he defclibtd, without having pre-
vioufly, as is cutiomary, intimated it to Mr. S. whole
patient (he was, &fired him to apply to fome other
gentleman of the profeffion, Alain him, pofitively,
that Mr. S. neither could, nor would comply with
his retitle& in the morning Mr. S had the curiofity
to ride over to the hnufe where his Alliance was
pretended to have been wanted, and found the good
woman in petted healfh, totally ignorant of the ap
plication.
Mr. S. is a Gentleman of refpeelable charafter,
both moral and proleffional ; and is the father of fe-
veral children.

Sunday morning, at her bottle, in Wardour ftreet, the Counters
Bailie, of a fon.

-7._:-1----- .—_—_—_
DIED.
On the 3d of April, at Port Royal, Jamaica. Mr John Robert- 1
f on, wharfinger in Kingiton, eldelt foa of John Ruhertfon, Ca.'
nongare-hcad. rdiriborgh• Sir
On the sth loftant, at his hours in Eccles-itreet, Duhlin,
Boyle Roche, Bart. In the early part of his life; Sir Boyle, as
' an Officer. dittinguiffied his courage in America, and particularly
at the affault of the Moro Fort of the Haaannah.
At 'I rinidad, Captain George Service, of the lip Jane, of
Greenock.
At the advanced age of 94, Mr. Thomas Miller, nearly half a
century a hookfeller, &C. in Halcfworth, Suff.ilk.
At the houfe of his lon. Bilbop Skinner, at Atierdxn, the Rev.
John Skinner, ie the 86th year of his age.
At Kingtton Jamaica, in the beginning of April laft, Alex-
i, ander Ritchie, klq• many years attoruey-at law there.