Star.
London, England, 1804-12-07 00:00:00

make all the world tulle& to the laws of the Brit; fh
revenue."
Verdi& for the Plaintiff, principal and intereft,
I 10301.

. ,
had committed an aft of bankruptcy, had been prov-
ed. It was true the order for his denial had not
been antecedent to the fad ; but it was tantamount
to it, when an approkal of tuch denial was made
from day to day.
Verdi& for the Pliitniff--Damages 4231. 545. Bd.
PHILIP OSSALDESTON V. JOHN DAISY •ND 7.
FLAMITOMI.
The Plaintiff is a fea faring man, who married the
daughter of a Mr. Gibfon, for whole accommodation
a houfe was taken in Saville row, at the (mall annual
rent of s 51. During the ahfence of Mr. Oibaldefton,
at Oporto, bis father-in-law had engaged this houfe
in the occupation of Mr. John Darby, one of there
Defendants. After his return, lie lived in this dwel•
ling, and about twenty-one months fubfcquent to ite,
being engaged for him, his wife died. While the
corpfe was in the honk, Mr. Darby called for the
rent, when the Plaintiff reprefented, that d.:cency
would not permit him to go out to coiled his deists,
but that when the due funeral refped had been paid
to his departed wife, he would obtain a fufficient (up.
ply to fatisfy the demand. The day after the funeral,
Mr. Derby again called, and irifitted upon the pay-
ment of the rent; but not obtaining what he fought,
a diftrefs was levied by the other Defendant, J. Flam-
llone, whom the Learned Counfel for the Plaintiff
denominated as animal called a DYrefs Broier.• The
debt, if exilling at all,' was only for three quarters of
a year, or t 11. ss. the rent by which the Defendant's
OVlffreceipt for the firfk year being payable at Mi-
chaelmas yearly, though the Defendant had put in
execution on the loth of Augull, before the full year
was due. All the goods of the Plaintiff were feized,
and fold at a neighbouring public bottle, under the
hammer fur pl. ; no return had been made, even
of the furplus ; and under thefe circurnflatices the
anion was brought.
Mells. GANNON?, BORNOUDH, and MaaavAT fup•
ported the cafe of the Plaintiff on three grounds.-e-
Firft, that the landlord diftrained for more rent than
was jultly due ; fecondly, that the landlord, without
confent, pflponed the Pale of the effects from five to
nice days; thirdly, that the produce of goods fold
confiderably exceeded the amount of the rent due,
and no return had been made.
Lord ELLENSOROUGH here remirked, 'that. as the
evidence flood, it was not attempted to be proved
that the diftraining was for fingle quarters, but for
the whole year.
Mr. ERSKINe, for :be Defendant, endeavoured to,
imprefs the jot y with the idea that the Defendant had
acknowledged that the rent was due ; this he endea •
voured'to (hew by reading a letter from the Plaintiff
to the Defendant. The letter certainly admitted that
money was due, but only for three quarters.
Lord Ezz an 'mono tf.—" Still, Mr. EIININT, you
have no right to diftrain for more than what is due,
and you cannut add the King's taxes. The Jury
would confider the furry that would be neceffary to re
place the goods, &dulling s 11.55. fur the three quar-
ters levied for."
A verdid was found for the Plaintiff in the (um of
331. tss: being the difference between the rent due
of I tl. 51. and the furn of 451. at which the goods
were valued, although they were fold under the ham
men for two thirds that amount.

NORTH, &C. 0. Olitlial.L.
This was an aaion on two promiffory notes,the one
for 4801. and the other foragool. There was nothing'
farther remarkable in the cafe than this, that although
the Defendant had retained Mr. Erfline and other
eminent Counfel, he chnfe to decline their alfittance on
the, trial, and to plead his own caufe. The defence jet
up by him was, that no confideratlon-had ban grant-
ed for the bills. To prove this, he adduced witnefs
ifitt witnefs, but their evidence did not rubftantiate
his defence.—The Jury immediately found for the
Plitiutiffe—Damages 13801.
. , joists v. lIINCIILIT &MIS LLOYD.
. The Plaintiff, Mice Mary Jones, was a frail Lady
Wm lived 'in Catherine-lane,Eaft Smithfield, and the,
brought this aelion againft the Defendants for an at-
fault and falfe imprifonment.
Her principal witnefs, Martha Howard, a girl of
the town, defcribed the affault in the molt aggra-
vated terms.—Skes Rated that the Defendants, with-
out any provocation, entered the houfe of the Plain-
tiff, beat her, and. eiragged her by the hair to the
watch-houfe, whetn• ila was kept all night : but upon
a full invettigation of the eircumftances, it appeared
that the Plaintiff and this Martha Howard bad grofs-
ly infulted Mrs. Hinckley, and a young woman of the
name of Anne ThoMpfon, as they were palling
through Catherine-lane ; and that they made ufe of
language. and Committed arils of indecency towards
them, which it would be indelicate to defcribe. Mr.
Hinckley and the other Defendant, for this intuit,
Really conveyed blifs Jones to the watch-houfe, where
Rte eondulted herrelf with the unnoll violence and
intemperance.
The Jury, after hearing all the falls, thought the
jullice of the cafe fuEficiently anfwered by a verdift
for the Plaintiff, with one [killing damages.
DAVIIISL SHAW.
Mr. Eas tins Paid, that this aftion depended on the
Taft, whether or -not Mr. Debrett, the Bookfeller,
committed an aft of bankruptcy prior to the ,4th of
May left?
Mr. Richard Spencer proved the execution of a
bond, to which he was a witnefs, dated t 9th Novem-
ber, 18°3, granted by Mr. Debrett to Mr. Wm.Stn.
art,
.for 4341. by four different inlialments, the arlt
of which became due on the ,9th of January, 1804.
---- Lundie, who lived with Mr. Debrett, in the
year t 804., Paid, that in the beginning of that year,
and down to the time of his failure on the 18th of
May, when the commiffion was taken out, Mr.D.had
been in very bad circumftances. He very frequently
went out in the morning, immediately after breakfall,
and did not return till dinner time, without making
any provifton for bills which were expefted to be pre-
fented. The witnefs frequently denied him to his
creditors, whey he was aftually at home. He could
not partieularife names, but he underftood the percents
to whom he denied Mr. D. to be creditors. He has
denied him to Mr. Stuart, whom be had heard alle
Mr. D. for payment of a debt due to him. Mr. D.
was at one time fence January laft in great diftrefs.
For three, four, or five days together he has known --
him go out in the morning and not return till evening, COURT OF COMMON PLEAS, DECEMBER s.
leaving inftruftions with die witnefs to take direftions BATH kAIIMONIC SOCIETY.
as to fuch bills as might come in, and when notaries Bowsu v. As itee r.—This was an Aftion brought
called, to fay the bills would he paid to-morrow. by the Treafurer of the Harmonic Society, to reco-
Croft examined by Mi. Paul fir the Defendant—He ver damages of the Defendant, a linger, for breach
could not fwear that Mr. Dehrett had ever given him of a bond, in which he had engaged with ethers to
inftruaions to deny him. Knowing, however, ;hat perform at the mitfical meetings of the Society, from
Mr. D. could not have paid them, be had denied the at
Friday in November ifio3, to the left in
him ; and when the witnefs informed Mr. D. he Paid, April following.
Very well, and never difapproved, but rather famed Mr. Serjeam COCKFLL defeeihed the Society to be
pleated that he had fo denied him. Mr. D. was as emnpnfed of the Nobility and? Gentry refiding in all
much embarraffed in his eircuenttancee its the Oatiber parts of the kingdom it ld at the White Hart,
and November preceding, as he was at the time he in Bath, and profelfinnal gentlemen being employed
had already Iwo, n to, and then alfo bad left bills un. to contribute to the harmony of the concerts, the De-
provided for. He began to be anbarraffed in :he be. (indent was chofen as a man of ability, and Mr. Bowen
ginning of that year. conceiving the fingers, demonfers, and other perfor-
Mr. W. Wall laid, he was concerned in an aelinn mere, might be punatial, if liberally treated, gave a
againft Mr. Debrett, and the debt was paid by Mr. I guinea each ni,sht,and injured their being pi efent by a
Stuart, one of the bail, on the 3d November- I 803. bond which the Defendant entered Min and figned.
Mr. Ratiflaw, clerk to Mr. Dawfon, attorney tan- I Previous to November, when the firfl meeting cone
der the commiflion, proved tke alignment. , menced, it had been whilpered that leveret Clientle-
Crefi-examiard by Mr. Letre.—S tici he bed fern) min intended to withdraw ; in confeemence.- of
Mr. Debrett, Mr. Stuart, and Mr. Dawfon together, which, a formal notice was fent of the sneering, and
refpefting Mr. Debrett's butinefs, but could not fay their attendance requefled ; the Defendant anti others
if it was at the exalt time when the commillion was under the bond, however, thought fit to abfent, and
taken out. Being ailed as to the eonverfation which it was necetfary to procure other performers from
then patted, he appealed to his Lordfliip if he was Frame and Bristol, in order that the Noble Perfon-
TO THOMAS TAYLOR ESQ.,
naps N. 9, Bridie-Rrea, L 0.96.9,
bound to anfwer that queltion, as he could have be- ages, who were to be at the Concert, might not be
I FELL it a duty incumbent upon me, to anion*
come privy to it only in a confidential manner, as inconvenienced. The Learned Serjeant obfaved, he
you of the very give and extratioLoary Cure I have recdval
being clerk to Mr. Dawfon ? After tome alterza- fhould prove the Defendant had not p.rformed his from your Invaluable Medirbse--LEAKV, PATP.brE mese
tion on this point, the witnefs espreffed his with to engagement, and the damages would be in pro- Abet two years ago I was attacked with a VLSOWL llta.
anfwer the queftion, rather than it thould lee ima portion to the expence occ-fioned by his default. omosa.whieb I treated rather nightly for forte dolt, but the DV;
pined that there was any thing under his refute', far- Mr. Good being called, fetid, he law the De- etoafe at trosthentreading. tlse all ore? my B
teat ody,t_l was Wird to apply
they than a with not caufelefily to divulge hismafter's fendant and others fign the bond, after which they only ttin tie
pnrary n drelicirtrem f:lfthewer
at
athcrot:T;thkrritrit ktiabiteoudwi:„uadatagui
to
vs-
bufinefs. He Paid he had heard convertatinns as to did not attend the rehearfal on the 2014 November, tint, anti from being
Mr. D.'s affairs, but never as to his commitlion. He nor the fucceeding meeting, cot fequently fubilitutes a mac Sbektoo. Thc liken that fpread an °army limbs, Iva-
never heard it laid, or underftood, that Mr. Ginger were procured from 'Vomit and Briftol, at the ex- &Ted nw a complete On
inethiscteenn:cntiyotntrecni, I:cir-s.n.dfidda•Pairedrd deabai
Cake
was to call at Mr. D.'s houre, and Mr. D. be refuted pence of fifteen guineas. Witnefe fisted the rules LlO'cry..hWutl':,°,l).n.i:r4' tie
to him, for the purpofe of conftituting an aft of of the fociety fince its inflitn:inn, and dcfcribed the in whichy our Pills had' ueeeedrd, I WA. 711:Cd to ttrmatuybox at
Meetings as appointed from November to April, to them, whirli I thought rather relieved me, and by perfeveraney
bankruptcy.
Mr. Peace admitted, that the denial of a perfon have been altered Ps as to conclude in Match : a 1.. r two or three n.unths. and ' "flowing your Dirodliona, l exp.
contlituted an aft of bankruptcy, as to keeping the mifundertianding alto prevailed among the member?, risneueadihreurtnftnuni.ooll3' •.,,ie
tithelari from Pain. the Sord_,
houfe ; but at the fame time he fubmitted that Mean. Dr. Harrington, the founder of the rode: y, withdrew Lid wolifeebfioulit tiiilly. a.
al
Oil'.‘i.'n n‘,l' hue 0.,°-;PcnifrdlbfotruwTrt I
think cautious to rake will ea: ;nil ITV 1,-.llth in It, tatival Item
tecedent denial, arid fobfequent approbation, could from the Committee, with the Marquis of Lanfdown,
not be fufficient to warrant a future denial, where no and twenty-fever others ; nor was the meetings to llt tear
With t he molt &Untie ;ha I itsbfe.sx awren, ar,
your much ob' sod humble r ew...,,
orders for that denial were given. numeroufly attended as formetly.
Lord ELLENIOROVGH laid, if a perfon eirprefred Mr. Scrjeant S rrrrrr o contended that the De•
his approbation of adenial made of him, and fo went fendant had been duped to lir the beard. The lat-
on de die in diva, keeping his dwelling houfe to difap- ter had been folicited in contribute his vocal Ili 1
pumll7:l4-.r.mare.the publicci
bre'n ;.'*:tl)ll,l,i'Cr'c:.ol et tl'-u.ar: -Piling.
2... R. ;
tha.,c. , but leave you to . a as yn‘:r own ;1-.7.4 :* a d zbLetb=
point his creditors, it unqueftionahly was equal to an arta, and had been deceived by the new regulation i to pared and sot tby !-.• S .1, Proprietor, T
exprefs order on his part to he denied. . •ones TATLOS,
enteted into refpeaing the meetings. After the 1 i1;06:?::Nif,...:.ibi1e.,../dt:?..41-,11,,t- 'l::,‘ •'‘... a, ,11. :',..:::
,Isenevhritce, i!,ol:o7l,aftaa,r, at Li
aihr.mi . Houle,
Mr. PARRS maintained that it was neceffary to Marquis of Lanfdown and other Noblemen had with- ,
Chew that the abfence or denial had been with the in- drawn, the Dere edant thought the (mitts' chffolved, 1 the Cure of Ve-LI i'..11:‘,,H;1,, ;Übe rhatr7n.viorave Feeney
tent to iiilappoint or delay creditors. He had, how- and did net attend. The Lamed &leant tepee- whias men ,H h s foot te.ei le ere; I:‘,Ais c:A.rve. he ewer,
ever, got out of the principal witnefs for the Plaintiff tented the latter to be a Gentleman of great prefet. hunfelf. the ad,,r, snl ..ttitthmee• he i r.LLti:,no:g seraihater. to
that Mr. D. was exitaly in the fame Bate in which he fsonal merit, but not ovet burdened with money ; he Dutr"l'inc• 7.1",,ng.,,1t,h" t 1!!' i...i,
j're; will toe riirrmra, by a ehtleseries
had reprefented him to be immediately prior to the had an imniente quantity iii notes by him, but very
eommitDon of bankruptcy. long prior to the debt of few were Banknotes; the Jury we uki therefore be shotstui livAiolgwnta.kd'i:th.,l':,rh-i, a.•%' o'l-',"l%o ,:r.t'-;'u'rinit' alrif?.:, IN; I,,'n' die;":"lt.:lAl%n ban" :•...1
the petitioning creditor. The Learned Counfel then tender in that point, and, if the objeflinn. entered I fltect, Pall-Mall; te. 1 tt-fee. No iol, 0)..-7,;-fteret; Mr.
offered to adduce Mr. Stuart, the petitioning eredi• into could not be done away, they would give trivial Pill''''',,l,',..Si :i,i!,;:' .17,:,,,',;; -ti":ll,Mmr.;•w...tfr.,ornnah.s.
so'',,i,itl:
tor him:ell, to prove that it was a collutive corn- damages.
million. Sir J. MAll%l'lll.O was of opinion the Defendant . pt‘..,"...1g,c.A6Z1r. Aidrit' m''flns;C?:,itikl.La-nrol'tt'rl;juaiit dimh;;AnnfiPitlierfn,gnein.' I-7.er';
Lord Entre anenuort Paid the bankruptcy didnct was liable for the fifteen guineas paid to the fubiti. iNo
muterehle Toni) in Grey-W.-dr end Ireland, .r. Bowe proof
roll nn that 4e Anne : Mr. Ginga's calling and Mr. ,lutes for thole üby were abfrnt, but that the fix gni. , u.:49l:::::th,,,,fcakhrds,,,pr.wtitch,:rOellibt.and.faptain...l.),-,,,.iryne,sirwedbc.crbisi.
P. being denied to him was net now the que3b.m.— I neat, which the Dcrendant and the others would ha' e ,era „,,,,,d ge,„,y.
130:h the feels of Mr. 1). having abfented himfelf received if they 1144 performed. Mould be dednete !
from his !Mae, and having !laid at home and flint The Jury, thereinre, inund a vetdift for the Plat
himfeli up from his creditors, by each of which be tiff—Damages, Aim Como.

• L. N
ri %
ODON enit rk' t.) I.t v• . F.M l aol Lao-
` to-'--ry•pisce. Lan.beth). at ay. STAR 011 s••• No. r. Cusp
girc,‘• it.i6istbsdallogttbe•9reta Ur NC ArPee4llli