Star.
London, England, 1804-11-13 00:00:00

COURT OF KING'S BENCH, NOV. co.

---
THE KING V. T. PRICE, ALtal J. WRItIVIT.
This perfon was indiaed for perjury. It was flat-
ed, that Andrew Ayrtna was duly authorifed by Sir 1
W. Leighton, Rot. and Janes Shaw, Flq. Sheriff
for Middlelex, to adminifter the oath to this Defen-
dant,
touching his freehold property, for which he
claimed to vote in favour of Sir Francis Burdett:—
ihit Le actordingly made oath that be had a free
hold home at No. 8, Bell-court, Gray's•lnn-lane,
where he Paid he rgided. The indiftment then
that be had no fuch freehold, and no fuch refidenee;
and that he wickedly took a falfe oath, t.t.c. to the
injury of George Boulton Mainwaring, tfq. To
this charge he plraded " Not Guilty." He was
brought up from the county gaol of Surrey, was re-
manded, and had notice of ttial at the Sittings to be
holdenafter the prefent Term.
3. AIRAAMS.
This perfon is an infnlsrat debtor, who claimed
relief under the Ad of July !aft. The quellion
on
which his idea& depends, affeets not only a I irge
number of infolvent perfom, now in cultudy, but
many who have Men already manumitted under the
dente, v- hcre releafe is nugatory, fhould the I;nd-cot
queftion be determined in thisenurt againit Abt.a.tmt.
—By the an oath is required from ;he gaoler.
that the patty had been in cuftody fovn the ft *A
January, iiin.caera, who is in the King',

• •
Tench, lia bees vettlave& Co that the Itarikan 10.1••'
ing received him into the pain of which be is the
keeper, fubfequent to January, his oath was not
taken.
Mr. Mausvarr, on behalf of the prifuner, faid,
that although the Anibal' was required by the Att
to fwear as to the time of the party being in cußody,
he was only to make oath to the bet of his know-
ledge and belief. In 2 794. the Statute 34. Geo. 111.
was paired, when the Cafe of the Ring v. Jong, in
she Light Term Reports, pa ‘ e 28; occurred ; and
4,,t
it fumed that the opinion of d Kestrow, on that
ritcation, was againti the ohje_ of the prefent appli-
cation. The Learned Conrail took a view of the
firft. fecund, and eleventh fationv of the late AB,
to theft the dilliation between thit Statute and the
former, and to fatisfy the Court that it was the in-
tention or the Legillature to redeye debtors, under
the cireumitance of their removal between the ia of
janUary and the time of palling the AC.
Lord If.4..t.2wsrutouc it. there feems fuflicient
ground to take. the matter into confideration i there-
fore you ma.; have your rule to al CAI caufe."

NkW JERUSALEMITLI. • • •
1.41 KING v. THE TRUSTS ES or DACtIIR•LAIII
Cu APIL.—Mr. PARY.E !hewed cattle .againft a Rule
obtained by Mr. Ellf KINN, fur a Mandamus, totre di•
rated to the Trulfeei of Dagger-lane Chapel, Situ-
ate at Kingdom upOn Hail,•requiring them to ratite
the ttev..George, Nicholffin to the office of minifler
a that congregation. After adverting to the law,
upon granting a Mandamus •to admit, and one to
reltore to office, the Learned Counfel Rated, that, by
Mr. Nicholfon's affidavit, it appeared that the con-
gregation of this chapel confided of a rata diffenters
ItyLng themfelves the New Jerufalem ; that he had
been long Milani to the late Rev. Robert Green,
who was Milliner of that Congregation, for many
years, and at his death, he received an invitation
from the. Trudges, to go down to Kingdom, to offi-
ciate in the room of Mr. Green ;—farther Rating,
that the 'rupees had the power of nominating a
peyron to that fituation ; but the elation remained
with the congregation at large. Upon thi. Mr.
Nicholforr %vent down, officiated for Come time, and
was at lad appointed for one year ; at the expir-
ation of thelear, he Willed he had-been elefted for
lire, apfl-eppli-ed to that Court fur a Mandamus to
place him In• that Situation.- • • •• - • •
On the fiery of the Trnflees, Mr. PAMIR Rated,
that it was (were, on the death of Mr. Green, Mr.
Niehotfon applied' to the congregation as a candi-
date no facetted him upon which it was refolved he
Should come down and aft for a time, till he or fume
other .perfon Monti be appointed, the Trudees hav-
ing only a power to recommend, and the congrega-
tion at large of appointing ; it was then propored
that he Should hold ;the office of their pallor for one
year only, at a fdlAry of 301. and alto the profits of
letting the pews : but if he continued after that time,
the falary was to be reduced act, a year, which was
to go for The purpofe of defraying the repairs of the
chapel. On Sunday the 2.}th of April, Mr. Nichol-
fun advettiled in the papers that publiclervice would
be performed on that day ; be got into the pulpit,
and then-gave • notice that the elation for a Odor
would tape place immediately after divine fervice was
performed. It was silo (worn, a patcel of labouring
men, who never were pew renters, or belonging to
the congregation, had got together and elated him.
Upon the Truffires interfering, he, aided by there
perfons, (hut the doors of the chapel againft them,
and they were at had obliged to break them open.—
He had (worn that he ruppofed he had been elated
for life, and *Rated his grievance. at being removed
from his profeffional engagethents in town, which pro-
duced him eighty pounds per annum :—what thole
proleffional engagements were he did not State ;
but it was fwoin that hi. proration was teaching
mufic to perfons of HO very refpeftable Situation in
life, and that his wife kept a chandler's Shop in the
Borough.
It was pofitively (worn that be was only engaged
for one year ;.but, before the expiration of that term,
his ineligibility was slifcovered. The can ;legation
confided of the ancient Proteßant Difienters com-
monly called prektetians, who had occupied this
Since the year 1,10. They loon found him an
improper perlon to aft as their minifter ; he broach-
ed doarines not liked by them : he belonged to a
let of dreamers and wild creatures, who called them-
felves members of the New Jerufalem. The Pref-
byterians were a more regular let of people, and
were more immediately cannated with the Clutch
of t ngland. The Learned .Counfel concluded with
Come remaiks.upon the danger of ruffering illiterate
and ignorant patens to officiate as Panders of the
Gape!.
Mr. Lawns, in fuppoit of the Rule, expatiated
upon the brad toleration of Religion, which was the
glory of this country. Thin Chapel had been endow-
ed by his Grace the Archhifhop of York, and was,
thetefore, within the jurildiftiun of that Court. Mr.
Nitholfon had (worn, though in rather a rough
manner of expreflion, that he had no other calling
than the work of the Miniftry ; he had been iuvited
down by there Trullees, who gave him reaffin to be-
lieve that the congregation woald not differ with
them as to the nomination ; he had relinquithed his
profelTion in town, and removed his family at a very
great expence to Kingaon. At the elation it was
pofitively (worn that live out of the is Trances voted
for him. It was the invariable CUROM of the Protcf.
tant Dal-enters to cleft their paltors for life, and it
was certain that Mr. Gteen did not enjoy his office
from year to year, but during his natural life.—
Under all there circumnances, he }imbly contended,
that the Mandamus be granted, and an Brae
tried, whether he had been duly elated or not, and
for what term.
Lord Est t snottouo tr.—" This is a motion for a
Mandamus, to re dote a perion to an office, upon a
ruppofition, that he had been slaty elated thereto.—
Upon what grounds does he (raw this was a good
elation The invitation of the Truftees was not an
elation ; for, they had only the power of nomina-
tion; the only own' is, that on the a4th of April,
notice was govcn by tow Nli•ii.ler, from the pulpit,
for an eleetion after Divine Service. This was not a
tood notice to tl:e (-now egaii.m. and was a fraud
com-nitted up al ti .ir tights. I therefore think, that
t'li, it nut a v ilid role !lion ; nor has he laid before the
Court any prribat-le colour oleic Limn. Rule
mull be di;:hatged : but, by its tctoi•l, he is n it hir
tcd Item l.t. remedy 1;1 an aetion at taw, for money
Lad and recsiisd so I.i. ate.'

' ..• ;" . 4 h • !^",.
...Mr. Ittnice Geo:arraUp.
on ate fag nfiltife
davit,. there is not enough before raitto 4evr, That • •
thii was an office for life I' if it 'had bead fo, thee
would- have been precedentammoth 10-11tew ara"--.. -
Rule difcha.rged. - • t, • .
• • • • w. Goss v. 'W.4naamsthl.% "
• • The Plaintiff is 1 publicen Vet prileffmn 4 the
Defendant; perhaps, will bell 'explained by-the
following cireumilances—This OHM was brotigtft tD
recoverthe fum of fortrguineWof which'-the
mer had been defrauded, at ii Vulgar gat]et filled,
(pinning under the hat.• The Plaintiff had been de
eoyed into an ale honk, the -fign of the Chown,
Cltifwell-fireet, kept by a min .4 the nerve of jurtria
He found the Defendant (pinning a guinea at this
game, with others in the room. 'The :Plaintiff was
afked to juin them at this amulement, with which
invitation he complied, • and teas at firff fliccefsfut, as
is ufually contrived by tharpert to allure the prey 'no
which- they deign to fead. The game le very fir.-
ple : a guinea is twirled round under the hat, and
the competitor declares heads or tails, and ;feared%
obtains the prize. It is fdrnanaged, when any booty ,
is contended for of value, that the pigeon Mould
twirl the guinea, hecaufe thegamblcrs, by the found
of the money, know which fide is prefented, as de-
em-attiring if they few it. The method is,' to file the
guinea; End if the filed fide falls on the table, it has
a dead found, it the-contrary:the money tinge. Of
this trick the plaintiff was the dupe, and he 101 l at
the game the amount Rased. •
Mars. Gress and Haney err detailed the fags,
which were proved by one Chamberlain, Who hap-
pened to be prefent. They laid they had many other
witneffes to call, if they ihould be neeeffary.
• Lord Eithasoaorre rt.—. The man appears to
have been defrauded of forty guineas. If you ha*,
any doubt of the evidence, it will hz right to give the
Plaintiff an opportunity of lupporting his cafe by his
• other witneffes.".—Verdiel for tht Plaintiff, 4:1,

THOMAS LAMB O. JOHN SIZAHAND .
• This caufe was of eonfiderable importance In this
great commercial city, where almoit all tranfaftions
for large amounts are cnnnefted with the la* of Bits
of Exchange. The Defendant being dillreffed for
money, applied to a man, named John Bona', to
xlifconnt for him a bill for col. Burton fald he could
not do it at common interell ; to which the Defen-
dant replied, that lie would five him fifty Millings
for the loan for one month. Phis was not quite fuf-
! ficient for Burton; but the latter drew a bill, which
the Defendant accepted for Sol. at one month, in re-
turn for which Burton gave him Ell. is money+
thus taking at the rate of 721. per cent. per annum.
It appeared on the evidence, that Burton went to the
Plaintiff, received the whole col. aril then gave to
the Plaintiff the bill in quellion.
Maffr;. GARILOW and MAR aye tr, for the Plaintiff,
Rated tke nature of the tranfaftion, and Mid that
their client was perfealy inanceOtr if any ufury had
been prat:tiled, for he, in hii liberality, gave . the
whole Sol. for the bill to Button, without EaduEiing
any intereft whatever. If this were held to implicate
the Plaintiff, all bill negociations were at an end ;
for no man, when he difcminted a bill, could akar-
If in the frit traitfaeion in which the bill ork
ginated, ufury were praiftifed. Many millions a year
were difeounted at the li ink dl England, and this
magnificent eftablifhment alight be ruined, if filch a
principle of law were to prevail.
Mr. Grass, in his reply. contented himfelf with
Mewing, that the affair in its origin, between Burton
and the Defendant, was uftii ions ; and the bill hav-
ing been tainted, no isinqcctice of r third or thirtieth
party could afterwards rettore its purity.
Lord E LLLLL OROOGH, after ftating the nature of
the action, expreffed himfelf as follows: " The de-
fence in this cafe is, that ufury prevailed in the ori-
ginal tranfadion, and through whatever hands the
bill afterwards paffed, this &cafe could not be cur-
ed. By the evidence, it does not appear that the
Plaintiff was privy to any unfairnefs : on the COIll•
trary, he paid the whole amount. The law is, how-
ever, clear on this point ; that if in the cOmmenee•
ment there be ufury, the hill is in reality void, and
cda fupport no aftien. NVliether the policy. of the
law be good or bad, we are not now to enquire; tie
principle, however, is this: that if ufury were thus
permitted in the MK inflance, it might, by a little
Ikilful evafion, be carried to any extent. without any
penal confequences to the perpettatcr."--Verdia foe
the Defendant.

COURT OF COMMON PLEAS, NOVF.MRER rt.
In the cafe of PLASTY and &mot, Mr. Serjeatst
BAILEY moved the Court for a Rule to Id sack the
caption, and to liberate the Plaintia: who was doe-
fined under an illegal caption, fur an alledired coo-
tempt of the orders of the Court. The circittaltalbees
of the cafe were, that the Court had made ati toter
fur the payment of 7431. by the Plaiittiff Plafiyi to
the Defendant Balch, who elledged that be coed '
not find the Plaintiff to ferve upon him the in der.—
After tome time, however, he met him aetidentally
in the fired. toted his perfon,_foreed 'him iotn a
hackney coach, and thus forcibly conveyed him to
the chambers of a Mr. Nayler, an Attorney in the
Temple, whet e he detained him for lon's time until
he procured a copy of the older, which he there
fereed upon him ; and, as the Plaintiff was raking
from Mr. Naylcr's chambers, he was arrefled on
coming outtide the door by the officers who had been
procured for the porpofc during the time of his de-
tention, and carried to a place of confir.ement. thaw
the chic& of the Learned Serje.tot'smction was, die.
Mr. Rally be ditcharged ire m cutt,dy, upon the
groom!, that neither the (crick., of the order, mr
te urea in confequence the; cuL was regular in
point of law.
Sir Jamas Malaita to obfcreci, that it teemed to
him, under the eircutnit.tr.cc• of the cafe, as made
knoWn in an applicwinn to him doting
that the Plaintiff in this cafe could rot he cnntideted
as entitled to any indulgence hc),;i.d mnc inflice
It appeared to him that the lei si.-e %se. !e,•.itl, and
alto the arrelt ; and therefore the C • tit c •r: J ~tit
in-
telpOli to fct him lice ; hit tie te.ty Irlim to
obtain redid's ta,a, by an a.fiii•n ac..i'n I inct:cizildant
f,r the violent detenii..n .11. d '.; i.,;ios.ntent,
which were certaroy The C W.ll %it&
111 g, however, to have tie T.1!..;6 'f the ca!e fully
argued; and ther:Pi•e, it Eland t vcr for the
pretent, and Mr. Baden in the luta t•n.e, might
fcarch for cafe., and tiy if he ccatd fi d any in
Iwhich the Court had Itt pe'ri'l Pt who
was confined soda Smilax ciri;;;MlLsocts.