Star.
London, England, 1801-08-07 00:00:00

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LAW INTELI,IGENCE.

MAYOR'S COURT, GUILDHALL, LONDON, JULY 16

RESOLE SIR JOHN WM. ROSIN KNIGHT, RECORDER,
AND A SPECIAL JULY OF MERCHANTS.
RENT AND OTHERS V. smirit.
This proceeding nrofe out of the Cullom of Po.
reign Attachment in London. We will briefly
(late the nature of this Cullom, which appears of
confiderable importance to the commercial world.
It appeared from the openillg by Mr. Serjeant
Su ern ran, leading Counfel for the-Plaintiff, that
by the Cullom of I.oreign Attachment in London, '
a 'creditor may attach the monies and goods of his
Debtor in the hand of a third perfon f denominat- '
ecl Garniihee) in order to compel the Debtor to
appear, and give bail to anfwer his creditor's
deinankl ; if he negletas to appear and give fuch
b 41),, the monies or goods thus attached are con-
demned, and paid or delivered over to the credi-
tor in latisfiebon of his debt.
-From the record of the proceedings and the evi-
dence adduced in this caufe, it appeared that Peter
Speke, Efq. of Calcutta, in the Eaft Indies, being
indebied to Meas. Kent and Co. in 4661. they,
on an dffidarit of debt for that fum, commenced
their aCtion in the Mayor's Court, London, againft
Speke, and thereupon attached in the hands of
MIN Johnan&William Smith, all debts due from
teem, and •all monies, goods, and effets in their
luttlik,-eeloniing to Speke, to anfwer the debt due
from him to. Kent, and Co. That Meal. Kent
and Co. might be enabled to proceed in 'this'
attaCkstien; with elle& they filed their bill on
tee equity fide" of the Mayor's court, againft
Idutfrs:Smirbs, to difcover what propettythey had
in their hands belonging to -Speke, fubjeet to be
attached. To this bill on the s7th of Nov. I 800,
Wife:, Jo* and William. Smith put in an anfwer.
!kitting, that they had not in their hands jean-
asalY-PrOPertY belonging to Speke, but that
tli,who alone was agent for Spcke, had in
Ada bolossiog-to Speke, a baltnce of 600o1'.
slat ipnlttds, but that on the loth day of Septem-
- bet tortetainv and 'llion had been cow:lanced in
the Connefiting's Bench by Speke, againik the
faid Jahn Said; .for the recovery of the raid ba-
latni, and that udgment had been (lend there-
in, for- 60001.. and upwards. The attachment in
the hands of John cad William Smith *4 being
FI was abandoned; and n being'
^ . ss&
e adion in King's Bench by '
ke, vakft-JOhn Smith, had been commenced
,twYed
!Winne the ataions of Speke, and was •fet up,
rud Pateaded to be ufed merely for.the purpofe of
. ikeitedlng the Monies of Speke, againft attach-
ments,in the hands of John Smith alone ; on the
Iced def of November the day on which the
, mdWer Was pin in, the attorney of Kent and ',
Ca lidetri^-mthng the adlion in Kisses Bench,
• Atriittl• ItiLlittorisinent to be made in the hands of

can Ihnith,*parately, and a fecond bill was filed
t Ahstllk* pwWeras the firitagainfli.Satith,who
''.his ishrer- thereto, admitted, that-he hadin his
bands 'ballots* of 60001. and upwards, belonging
if,Wia, and again hated the aelion and judgmem
sizt hien in K.g's Bench at the fait of,Speke,
#414 that anti the making of the lall attachment,
*lna waved ilireitions from Speke, by letter
4041 tsth September preceding, to apply the me-
' lis his hands to the payment of Mrs. Speke's
Connie' for the Plaintiff, M. Serjeam
4811P.111, iffllthelfrs ICSOWLIS and REYNOLDS,
tiro of t& City Pleaders, contended, that on a re-.
finance to delta and other cireumflances apPearing
on the face of Smith's own anfwer whkb was in
evidence, it was nianifeit that the anion in King's
Beach kt up to.bar a recovery in this attachment,
could notAsive been commenced by the direCtion
• of Speke the Plaintiff in (itch ahion, therefore it
was in thii Cafe.ofno Avoid t• and as to the other
ground of defenee,it vas contended that direhions
to apply money generally in payment of the own-
ers debts, wouldnot prevent the- fame from being
' attached, aecorstitig to the culloth cf London, by
the owners 'cre
The Cttors.
iv Mel theeva rni thee, Mr. Se rj eant Bs sT,
bitch Meffts.Vatttset and Warm', the other two
at Pleaders, infifted, that from' any thing which
bad appeared to the contrary, the atlion in King's
Mid& sliiiinh Smith, the Garnithee, might be a
ftile.andMejl4 proceeding, and if fo, it was a bar
to Oh attachment. And that the direEtions con-
tained in Speke's letters was an appropriation of
gill Money attached,and that Smith the Garnifbee
held' die fame in mit for the peribns to whom the
fame had been &retied to be paid, and therefore
an attachment of this money, as the property of
6Peke, could not be (chained.
Mr. Itcoanta in hisobfervations on thectiftem
&foreign attachilent in London, and on the fees
and law inning' out of the prefeut cafes, hated,
that this cullonl, in point of date, appeared to be
Coeval with the common law' of the land. That
A confirmation of this canton had, in ezprefstirnn;
been granted to the City of London by royal char-
ter fo early as Hen. T. (A. D. :woo) that it had
• been ratified and cohfirtned to the City by divers
Alls of Parliament, in general with other City cuf-
toms and privileges. That it had in innumerable
inftanees been recognized IS), die courts in Wea-
r/linnet Hall. as a good and valid euftom,and that
thi+culkom whieh givesto the citizens, in the heart of
their owd City, the meant of recovering their debts
from foreigners and hungers refiding in a dihant
find, may peehaps, in no (mall degree, have con-
tributed tettutt ommercial fupenority which this
eiti now holds over all the other cities in the
world. On AIN Articular cafe he obferved that the
direetions given of Speke to Smith were not, in his
upinion,*2 good defence to this attachment. It
liad in mail, cafes by his predeeeffor?, judges of
that Court, been held, that an Alignment nr three.
tent's to pay money to creditors generally; would
not prevent the money thus aligned or duelled to
tit paid from being attached by this cuftom ; that
thddivre the ovation in this cafe feemed to reit
I.pi.n the laical Rated to have been commenced in
:i mg's Bench by Speke againfl Smith, prior to this!
A • utchntalt, for +he recovery of the money attach.'
.