Star.
London, England, 1823-01-06 00:00:00

LAW INTELLAREMOIL -
~.
. . • • amam.limaftl
COURT OF *flls'S *NCH, tiiNliaßAl • •
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THE WINO .. POiNDER., l
. This was an indkonent!-Ogatast the 'defendant fort
not accepting the office of. Overseer of the Poor oil
therParish of St. Ann, Blackfriars.
• The defendant, who is an elderly gentleman, had:
been appointed to the office by ad order of Justices,
confirming-the nomination of the Vests v. Agdinst
this oreer the defendant appealed to the Sessions, and
the &dee was confirmed, and the defendant still re.
fusing to accept the office, the present prosecution
was instituted. The question was, whether the de-
fendant was a substantial householder within the,
meaning of the 43d of Elizabeth, c. 2, s. 1, thereby
rendering him liable to serve the office of Overseer..
It appeared that the defendant was in copartnership.
with his son, occupying a house in the Palish of St.
Ann, where the business was carried on, but the de-
fendant did not sleep there, his dwelling being a coon-,
try-house at Clapham; Rates and taxes were paid
for the town house as a dwelling, and the only person
who slept there was a clerk of the defendant, and.
the point was whether the defendant could be con-
sidered as a substantial householder in the Parish
in question.
The CHIEF JUSTICE was inclined to think that the
defendant was liable to serve the office of Overseer,
but it was agreed that a ipecial case should be stated
for the opiMon of the whole Court, and that, in the
meantime, a verdict for the Crown should be entered.
Verdict—Guilty, subject to a case.
AWIBOURNE V. PRICE.
TH,, was an action brought by the plaintiff as ad=
mieittrator to a sailor named Holme, for the recn.
very of a debt of 25/. paid into the hands of Mr. Lis.
comb Pr ice, who was attorney for the intestate.
It appeared that a quarrel had arisen between the
sailors on board a whaler and their Captain, which
led the latter, in the year 1819, to charge the men
with mutiny ; they got rid of this charge, and then
brought actions against the Captain for arrears of
wages. Mr. Price, who acted for the sailers, reco-
vered in all the actions, and received the amount, to-
gether with taxed costs, from the Captain's attorney.
In the action for Holme, whose claim of wages was'
for 251. the taxed costs exceeded 2001. and the admi-
nistrator of the sailor (who died during.a subsequent
voyage) brought the present action to recover the
.251. wages so received by Mr. Price.
-It was contended for the latter, that Holme never
UMW this' claim in his life-time; for that, if he had,
it would have been shewn that he was indebted to
Air. Price for pecuniary advances, and other services,
.duet m the litigation respecting the transactions of the
riirhAlft: s td that, when the administrator had raised
the present claim, the defendant offered to produce
his bill. for mations and establish the fact that no
money was due to Holme in the business.
In the result, the question was, whether the (lc,:
fendant hid agreed to, bring the action for Hole*
free of all extra costs.
For the phiintiff, a witness, who acted as clerk for
the attornies of the defendant
statedhi the original cause,
was called, and he that, at the taxation of the
costs, the defendant adMitted he had agreed to forego
the extra costs whch
might he incurred in the action.
A young toga, who was•clerk to Alr..Price at the
period in, question, denied• that Mr. Price had en-
tered into. any such agteement. It was admitted,
,that the intestate had received about 41. from the de-
fendant,_periclithe trii i.a the cax se:
The CHIEF J.usxica charged the Jury, 'that the
question for their consid.eretion was, whether- the
defendant had agreed to forego the extra costs es
between attorney and client, and Content himself
with-such costs as the defendant in the original action
was liable to pay. If they thought there had•been
no such agreement, the 'defendant was entitled to a
verdict, inasmuch as his 'set-off far exceeded the
plaintiff's demand; but if they were satisfied that
the agreement had been proved, the plaintiff would,
-......wry or St. Eivny,i
be entitled to a verdict for•the - whole Mtn he sought
to recover, 'minus the money' paid by the defendant
•
tolicaine in his life-tinie. ..
The Jury' found their verdict for the plaintiff.—
Damages, 21/. costs, 40s: •
GLAIR AND ANOTHBR v. THORN.
. . 1 This was an action by Messrs. Blair and Plimpton,
41.seechmsee, arainst a farmer, residing near Southend,
in the county of Essex, to recover the sum of 13/40s.
being the price of ten quartets Of eye-grass seed, sold
It is with pleasure we state, that the health of the to she defendant in April,- 1820.
BISIIOP of CHICHICSTNR is rapidly mending.. • The plaintiffs proved .a sale and delivery of .the
rye.grass seed to the defendant. • The seed was sold
• The Inquisition punished heretic:4)7AT, to elude
b
the maximEcde sia non strait saNguinuaS, forbuiningy sample, but without- warranty as to its vegetating,
.quallties. It was proved that the price was fair and
a man, they. said, does not shed his.bluod. • °TKO,
the Bishop at *the Norman invasion,- in the tapestry reasonable at the season of the sale:
worked by MATrInA, the Quern
The•defence set up was, that the seed in question
if W ILLIAM the
of
Conqueror is represented with a mace in 'his 'band, for was no value whatever, and therefore that the
the purpose that, when he dispatched his sintiglinist, Plaintiffs. could not recover in this action.
he might not spill blood, but only break his bones . It was proved by the defendant's bailiff and a la-
bourer, that between 70 and 80 acres of 'land had
ally at Rome, it was not allowed to employ the word Wherever the Inquisition had any .power, especi-
been sown with the seed, but that the crop wholly
fatum, orfata, in any book. An author, desirous of failed, not even a blade of grass came up.
using the latter word, adroitly invented this scheme; Mr. Bridge, a respectable seedsinan, stated (which
he was allowed to do in cross-examination), that
he had printed its his book foga; .and in the errata
he put 6, for facia, read feta?'
the defendant had shewn him a sample of rye-
•
OXFORD, AN. 4.—Monday, the passengers by the
grass in April last, which lie said had been offered
J
to him by the plaintiffs, who had told the defendant
dentist escape; the coach had changed horses about 12
Aurora day coach, from Worcester, met with it proli-
that it was a sample of some rye-grass gaming up by
a hoy from Kent. Witness, upon tills information.
o'clock, as usual, and proceeded avartioderate paced
advised him that he might safely buy, because, in all
belaboursHeadinghill at the Cop of which a fellow Was
probability, the seed would be fresh if it answered the
ng a poor donkey which had taken his sta-
description of Kentish seed then coming up. Upon
thin in the middle of the road with it cart. attached;
at this the leaders took fright.. and darted suddenly this suggestion the defendant made the purchase. It
wits impossible for any person, merely looking-at ryaj
over a heap of rubbish by the roadside, which
the coachman off the box., andthus free the•aniMals
gras..s.s.rfl te. say -wlsulierit. would vegetate. In yeit-
• nC. ss s
From all restraint; immediately they star*Oiristefull judgment,_ seed which would, produce nnthing,
aped, and continued* the rate of sixteen miles an `l's "r.'"u4 of nci-*4lu.S- •• • i
Thei citip..r Jilsitcile4,thpcnse to the J • aposo )tour, .for abourfour miles; during whieh.three out- • •
side passengers contrived to escape behind,
.and two pi.1:;431.*1. WkriliFr-ilee 40*J to the
.was sago 41,p0n . a -repiiieritatimijhat it Was, ant ,
Derr who were inside chip:the:l'On the roof and ..
Uropped offin the same waY. )eiteing a lady and cluld abed then, comipg
.41_,0 ahe from Kept.; i...44.4„as
not' '111.,..11441#1,5eert stistitled to reenver ;.;but if ,it
inside; when opposite. Forest-hill;, the coachman •ofi
the Worcester down coach; seeingthcLother coating rftwal:,sl ..:ao pot Answer the warranty, thin-2,441
at so furious a rate without a driver, pukledup, end 4e45-ti4,qllo,t.,Y3ta'i ,i 4 verdict. , el,- V: -
the-passengers instantly jumped -One gectleman .'" arl;w_t.,,un,cl_____r°!l*4l;ll"J4a-• ~. ,•• --
made a desperate watch at the leaders, and was ' pere,IALADAT V. PUItI.F.N. . •
__..trs.•
bills of exchaege, draw ta, 40. liteloi.ai4l 4. equal
dragged :a considerable distance, but fartotiattly stic- This-was ~a- "ion. for the recovery of 2 Wl* open
Cended in turning them; and by the tinseit Aid of the •
other passengers the whole were' res4tedfront 'Maui h ,-illa d•efend*Pt' ' y ' --"1"_ •'-•'" - • - ' •
es *pismire be
imminent duiser, withoitt.the.slighte4 usi,Sseiheiagi .ane te4nucti„,enr aetwatn- tititfurti • 0
each, The coachman .of a *cry etimplic'ated nature. -They had embarked
sustUined by the passrugers or c
is not materially injured. tin wotiaing, upon an extensive scale, a lead mine in

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