Star.
London, England, 1824-12-14 00:00:00

ecilesiastical-priopetii, ibis 'it?* give them a certain per
centage, on their success in finding a customer ; and of
course, in consequence of the greater difficulties ind
litbour encountered, a larger compensation was etpected
then *as given in cases where other property wa% con-
cerned. When The agent received nothing for his trouble
upon failing to sncceed, of Worse he was entitled to the
greater recompense when he succeeded in his search fur
a person who was willing to advance money, or purchase.
The defendant, who, as they would perceive, was a man
of business and experience, having tailed in his own efforts
to procure a purchaser, applied to the plaintiffs in 1823 ;
and their efforts were continued through that year, until
January in the following year, before they were success-
ful. The money advanced upon the advowson was 4,2001.
and the temuneration promised to the plaintiff was 2/1
per cent. upon the sum obtained. This promise was
contained in a letter in which were used teams to this

effect, " I have no objection to your terms of 2f per
cent. provided the business is done quickly." Now, if,
there were no law to enable the plaintiffs to recover a
compensation for their industry, they alwaysconsidered'
the word of a Clergyman stronger than any Act of
Parliament. It was not objected that money had not
been obtained by means of the plaintiffs ; it was not to.
I be charged against them that there had been any delay'
on their paits ; but it might be said that the negocia-
, tion which the plaintiffs had first introduced was
broken and had ceased—that the second negotiation
was distinct, and that the defendant's contract to pay
two and a half per cent. did not apply to it, and that,
the plaintiffs were not entitled to any such remunera.
tion for the labour they underwent. The Learned Ser-
jeant then read a number of letters, from which it ap-
peared that a long correspondence had been maintained,
on the subject. The -defendant requested that an ad-
vertisement should be inserted on the subject, as the
plaintiffs should think fit to propose.
Mr. J. W. Freshfield, of the firm of Fresh-field and
Kaye, Solicitors to the Bank of England and other pub-,
lic companies, stated that an application was made to
him, on the 31st of December, 1823, by the plaintiffs,
for an advance, by mortgage, of a sum of money upon
property, consisting of the advowson of a rectory in
Essex. The application was made to him to obtain an
ladtance from the Bank of England, but he returned
an answer that the Bank of England did not advance
such small sums, neither would it have anything to do
pith such property. He, however, mentioned, that a
stetchaqt was willing to make such advance, if the
security was good. A negociatiott took place, but it
broke off for some time. It was subsequently renewed
with another of the witness's clients, and completed.
The sum advanced was 4,2001. at 44 per cent. by the
Glebe Insurance Company. The net produce of the
living was 7001. per annum, but daring the period of
the high prices, it was made to prodUce 1,3001.
Mr. ARCHBOLD, at great length, cross-examined the
witness,withthe view of chewing that the first negotiation
bad broken off entirely, and that thetecond had been
commenced without the aid of the plaintiffs; but
Mr. Freshfield said; he considered it a continuation of
the same transaction ; that it was introduced as a thing
already known, and would not have taken place had it
not been for he introduction of the defendant by the
plaintiffs. The business was finally concluded by
Messrs. Scott and Clayton, the defendant's solicitors.,
The plaintiffs were clerical agents acting for the sale of ,
ecclesiastical property, and the recovery of tithes, ire.
hey were neither Milkers nor solicitors. This was the,
plaintiffs' case.
Mr. Minimum submitted that there was no evidence
of work and labour done by the plaintiffs to entitle'
them to the remuneration which they claimed ; but even
if they were entitled to anything, they were debarred
by the statute of the 12th of Anne (2 C. 16, sec. 2) from
receiving more than ss. per cent.
The section pointed out was then read by the Secon-
dary, and is as follows:—" And be it further enacted
by the authority aforesaid, thai all and every scrivener,
or scriveners, broker or brokers, solicitor or solicitors,
driver or drivers of bargains for contracts, who shall
after the said 29th of September take or receive, directly
or indirectly, any sum or sums of money, or other re-
ward or thing, for brokerage, soliciting, driving, or
procuring the loan, or forbearing of any sum or sems
of money over or above the rate or value of Ss. for
the Loan or forbearing of lON. for a year," kc. The
Act then directs that the penalty of 2W. be inflicted for
each offence.
This Act, the,Learned Counsel contended, made it
evident that the plaintiffs, at all events, were entitled to
no more than ss. per cent.
Mr. Serjeant Wane and Mr. STEPHEN contended
that this case by no means came within the Statute
cited, which was the well-known Statute of Usury.
Mr. COLLINGRIDGE, the Secondary, was of opinion
that the Act applied to the plaintiffs. The case of the
latter depended upon the contract for an allowance of
a per tentage, and they could not recover more than
ss. per cent. for their services.
Mr. STEPHEN said, that in a point of this import-
ance, he trusted the Learned Secondary would take
such a note of the care as would enable them to have
it determined by the Court above.
Mr. Cou.tranansoc said he should. He then told the
Jury it was clear that the defendant had been bene.
fitted by the advance of £4,200, in consequence of the
plaintiffs services, and it was for them to say whether
they ought in fairness to receive a less sum than ss. per
cents for it?
The Jury assessed the damages immediately at 101.10 s.
being ss. per cent, upon the sum obtained.

Accounts from Genoa 'of the 27th ult. mention a
severe gale having been experienced there on the 23d,
but which did little damage. These advices contain no
political news.
Letters have been received from Zante, dated Oct. 25.
The writers concur in stating, that the most sanguine
expectations were entertained that the Turks would be
entirely driven out of the Morea during the ensuing
year. Mr. HAMILTON Bnowns, the Gentleman who
was sent out by the Greek Committee, and whose silence
was cause of uneasiness, was, at the date of the last ac-
counts, seriously ill on board the Florida, as well as his
companion, a young Gentleman of large fortune.
Some time ago there was a bustling personage,
named R---6 well known in all-the Coffee-houses near
'Change for his loco-motive faculty, as he was con-
stantly looking in at one or the other all the morning.
One day a friend of his from the country meeting a
common acquaintance, inquired after R—'s health.
" R—?" cried the other—s, Poor fellow ! I believe he's
dead, for I have not seen him 'above once to-day."
In the year 1745, when the Scots Rebellion threatened
most formidably, HERRING, then Archbishop of York, resolved, in
case otextremity, to take arms himselt and oppose the progress of
the rebels. His avowing his intention gave Orator -limey or
Galion to nickname him—sr red Lierrisg.