Star.
London, England, 1801-11-21 00:00:00

LAW INTELLIGENCE.

COURT OF COMMON PLEAS. •
BANK NOTES.—In a cafe that was argued yef-
terday, the Judges were unanimoufly of opinion,
that a tender of Bank notes in payment is not ge-
nerally a good tender, though the Legiflature bad
declared it to be good under particular circum-
fiances, Inch as to prevent an arrell. It had been
contended by Counfel, that the meaning of the Aft
of Parliament would be impeded if it was not
conftrued generally.
• Lord ALVANLhY faid it was not the bufinefs of
the Judges to fupply defects in Ads of Parliament;
they fat there only to interpret, adminitler, and
apply, them. To do more would be to ad in a
Legiflative, not in a Judicial capacity.
Jultice HEATH was of opinion, that the Le•
giflature had in view ortly to provide for the exi-
gencies
of a particular cafe, when it had declared
Bank notes a good tender in that cafe. The ex-
ample of a neighbouring country had (hewn the
great and multiplied evils that mutt refult from
making paper-money, in all inflances, a good ten-
der. That country, after labouring for a confi-
derable time under the diftrefres arifing from filch
a meafure, was at length, though (till under the
prelfure Of thedeepea poverty, obliged to repeal it.
Mr. Jullice CH ..easkas laid, that the Legiflature,
in declaring Bank notes a good tender in one par-
ticular cafe, clearly conveyed an idea that they
were not to be confidered a good tender in any
other cafe. A Special Pleader had quaintly faid, 1
that a plea of tender was a very tender plea. The
Legiflature had innovated on the old law, in de-
claring Bank notes a good tender in the particu-
lar cafe, and it certainly had gone far enough in
doing fo. To do more, would be attended with
mifchief.

COURT OF KING'S BENCH, NOVEMBER zo.

James Martin, convicted of allhulting a woman
whom he mifloolt for his brother's midrels, was al-
lowed to go before the Mallet-.

SLATER V. HART.

This was an aftion of trefpafs, wherein the de-
fendant was charged with having trodden down,
trampled, confumed, and dellroyed the grafs of an
enclofed field, the property of the plaintiff.
On the part of the defendant it was fated, that
ever !ince he had been in pnffeffion of the farm of
Afhlin, to which this field was contiguous, there
had been a way through the field. It appeared
that, for fome years previoufly to 1657, one Henry
Hunter had Rood feized of the laid farm of Afh-
lin, and had ufed this way, now in the occupation
of the plaintiff: that, on the fiat of January,
1657, the Paid Henry Hunter, by leafe and relcafe,
conveyed the laid farm, calla Afhlin, into the
poffefilon of the College of Phyficians t that, until
the mouth of April, 1781, the laid College had
Rood feized of the laid farm, and of the aid way,
when they let it to the prefent occupant.
The Counfel for the plaintiff obferved, that the
defendant had juftifiedhimfelf by way of porchafe
of Henry Hunter ; but, if the way to the farm of
Alltlin were an appurtenance, it ought to have
been Rated as filch ; inflead of which, he contend
ed that it had been only ufed as a convenience for
the aid Henry Hunter.
Lord KEN YON laid, though it might not be
claimed as a prefcriptive right, from time imme-
morial, yet a unity of polleffion might, perhaps,
be proved from fome grant within memory ; and
he farther obferved, that aleafe and releafe amount.
ed to a grant, although the words were not expref-
fed.

Mr. Cox sr requelted leave to withdraw the dc-
mutter for amendment.

COLLET D. LORD KEITH.

Mr. GiLts Rated that this was an anion of tret.
pafs for taking and detaining a (hip, which the
Defendant jultafied by his pleas, feven in number.
The fubflance of which pleas were, that the Cape
of Good Hope was conquered by his Majefly's
Arms, and that until his Isfajefty had dignified his
will for altering the exiting Laws of the Country,
they remained governed by the Old Law, to wit,
the Dutch Law. That the (hip in qoeflion was
in Simon's Bay, within the jorildiaion of the laws
of that Colony, and that proceedings had ben
inflituted in the Supreme Court at Botany Bay,
and that the Defendant, under the proceedings of
that Court, had authority to detain and feize the
(hip in queflion. To this plea there had been a
;Demurrer, and the caufes of Demurrer aligned
I were, that it did not appear what proceedings had
been inflituted, nor in what Court, or by reafon
of what faft the Court had power to authorize the
detention of the flip. The Learned Counfel then
argued at fume length, that this plea could not be
fupported for the reafons affigned, and quoted the
following authorities, Co. Lit. 282, a Doug. 650. ,
1. Stra. soci, %Villes Rep. 30. to thew that the 1
plea ought to fet out the judgment of the Court,
and what :proceedings had been before them.— i
He admitted that there was a dißinaion between
the party to the luit and an officer of the Court.
It would be foff.cient in a juttilication by the latter
to fet out the procefs, but the party muff alto let
out the judgment. From anJogy he reafcned
that the lame ought to be ,!..)nc in cafes of fortii;nl
judgmeatt. By the plea lkefoie them it did not
appear with certainty what had been done, nor !
what proceeding, had taken place, but merely that'
certain proceedings were had, nor did it appear!
that the altJalalit was hound to obey the order
of that Coot t, not foi how lung or for chat pur-
puff the lh;i, was detained.
Mr. JARVIS, in fupport of the plea, argued it was
fet out with futlicient certaioty, and contended
that the Defendant acted :v. an ulficer of the
Court there, and was theref re nut hound to the
fame rules of pleading as a pas tv in the fuit would
be. 1(c Oka cited various authorities to thew
that it was fofficient in a Miniflerial Officer to
hate the Procefs of the Court. In foreign Cuut...s
'the judgment u as not travel fable here, therefore
no more were there proceciings ; and it was
enough to flare that fuck proceedings were had ;
! to this latter point he quoted the following autho-
rities, 3 Lc' ins 20. 2. Levin: 231.
Lord Fe.smton obi:aced, that the damages in

• the cafe were laid at isc,,x.)ol. codell4d that
he felt himfelf opPi-e,Ted with the niagnitode of
the cafe. Nobody ri)tad lay how far it might id.
lea our Naval and Military Cornrnanciersc lie
eerfealy underlined what Lord Kc:th rnewat to
tny by this plea, that he did what he did by the
authority of the Law Court of the place. 114 did
not know but that he was bound to obey the or-
ders of that Court. He withed therefore much
that it iheuld liand for a f.cond argt.m.ent.
Mr. Jullice Gizosr. the lam:, but hir,r,rd
his doubt whether Lord Keith could be i:-..aild•r•ed
as an officer of the Court ?

PINDAR V. WESTON.
Mr. MINGAY and Mr. Maks.ior were 11.e:1rd in
lup'port of the Rule. After they had dime—
Lord KEN VON obferv.2cl that it was a lamen•a•
ble thing to fee how thine of the Attoroics of that
Court condated themfelves towards the pubilc.
The main objeEt of the prefent motion was to tht
afide an order of the Court of Michaelmas Term,
1797. Now what was the lilting of the cafe ?
In 1791 Newman gave the Warrant 61 Attorney,
which had been the fubjea of litigation, the judg-
ment had been ehtered up re;;;:latly, and inlatly, the
year 1797, the whole had been referred to the
Mailer. In MichaelmasTeim 1797, the liafter
made his report, and it was then comp:tent to :,11
parties to have difputed that report. They did net
do it, but let it go to judgment. Now after a lap!:
of four years the Court was Aced to unravel the
whole ; now after come of the papers were ittiflaid
and one of the Parties was dead, and what ,a-as
the evidence upon which thii. WAS Aced to be
done? Among thefe people, wile:4i. Arlid .vit *coold
they trait to ? He stated yefterd ty the iulinaCon
of his mind was that it Ihould go to a Jury, but
upon furtherconthleratit n lie now revolt:d from
that with. They would chrian;t perjury no donbt,
and if he were to fend them again to a jot.y if it
would not be flibtrnation of perjury it would be
fomething looking that way, 16r he had no doubt
but they would fwear whatever the exigency of
the cafe required.—He therefore thought the rule
lhould be difcharged but not wins Cults.

THE KING "J WEST.

John Wel, late Purfer of the fhip Sirius, was
brought up to receive the Judgment of Ow Cow t,
having been convicted at the hail aflizes for Nor-
folk with having defrauded Government, by forg-
ing a certificate of certain provifions bci3g rzci:iii,-
ed for the ufe hf the fhip which had not been fir
received. In his affidavit he hated that he had
always borne a good Chara•Th:r, and had r ;In dc!,l
fervice to Government, by having intercepted Crime
letters deftined for the enemy he alfo iinplcred
the mercy of the Court on account of long impri-
foment, he concluded by dating that it was usual
for Purfcrs in the Navy to fign the names of the
Captain and Mailer, and that he did it without
any defign to defraud.
The ATTORNEY GENERAL Ciid. that this Affida-
vit was an aggravation of his offence, that he had
before been accufed, though acquitted of fimilar
praaices, and that his pretence of having Coffered a
long imprifonment was an attempt to gain mercy
of the Court by aifalle affertion, as he had been a
prifoner for debt. •
Lord iCkNyos.-4, To what amount the Public
are plundered nobody, I believe, can tell ; to a vaft
amount lam confident. I Rand pledged to make
known one cafe to the Public, by communicating
the circumftances of it, as they appeared before me,
to the ATTORNEY GENERAL.--IE is a cafe of enor-
mous line ; I have not forgotten my pledge. This
Defendant muft fund committed, and be brought
tip the lag day but one to receive the Judgment
of the Court. But the Affidavit of the Defendant
&mid be laid before the Admiralty."
Mr. ATTORNEY GENER.tL.—" My Lerd, I will
take care it (hall."

COVRSINO.—The following is I return of the
matches run in Effex by the Br.tdweli and Til-
lingham Club, on 'fuel*,lay Lill, the 17th inaant.
The weather was very fine, and the hares running
itrong„ afforded an excellent dad's tjrnrt :

LOSERS.
t. Mr. Cawitun'i Shift - Mr. rhisllry's Marplot

..... _
a. Mr. Dudley's Janus - Mr. Wir,.'s Twig
3. Mr. Dudley's Madam Mr. ‘Vakefield's Miftrefs
4. Mr. EV2413 4 Warp Mr. Burtrec's Soot
c. Mr.l)udlel. Friday - Mr. Wakefield's Defoe
U. Mr Ilawtrre's Duman Major Pl,cklingtor's Speed
7. Mr. Evans.; Wafp - Me_ l'utifodg lica2er
8. Mr. Dudley's M. ein Mr. V.-;fe's Chree
9. Mr. Willi.msfs Mr. Pltlifon's Twit
so. sir. Dual, y's Terlirg • Mr. Casiton's Shift
r. Mr. J. Wrigh,'s Dutch Mr. Walt field'. N Hares
s 1. M. l'attif,4:sFw.d Mr. WOLanss's Primrole

13. NI:. 1. Wrig•lt'i 1(.,:;:r Mr. I):,d',v'. Madam
14. Mr. budlcy's M.tchrn - Mr. Wri.p_•ht's Krrper. v! C.
IRISII S TATE-LOTTERV—Firlipay—No.27,3-Jr,
a prize of 91. ns tint dr.wn, entitlo:d to coed.—
No. 10,715, a prize of icol.—Scented Day.—NU.
1,2C02, a prate of tc:,ol. No. ag,693, a prize of
sol.—Third Day.—Nos. 1 7,23
t,
and z9,to t 7, prizes
of zoool.—Nos. and 25,063, pit zes of tool.
An Englith Gentleman, a few years Inc,is: hav-
ing attempted is vain to procure from half the
taverns in Paris, a real Engin plumb-pudding,
according to his rsceipt, and having um:vit.:Len :o
procure one, to gratify the curiotity of his French
friends, bethought- hirnfelf of the fullowinte, expe-
dient :—As the Ceolts would eserelle their
town judgment. or dirninithing from his
he determined to apply u. an Apothecary,
who ("tumid make his pudding mortar, and
weigh every thing with fe: preciiion. He
therefore converted Ls receipt ii.:o Medical Latin.
and his quantities into Troy :tad figned
his pr .:1;146,m with the Millie elf the celebrated
Jona Hoar, e. honeft dulv ex-
ecuted his order, Ak !itch peridexed irfefrional
raga: its: not Whether it was in: a wound
or a difeale, !.: nia :..11, and tea er.:remel7
putozled Nth:tiler sr. bi•l•ie it, ,i 1 fp.t.ii it upon
leather. A I.rolliit t f thr peft:e, corning into his
Ibop, was iopp..alcol to, wi,o, hav:ns. no fin:all thare
of the co:if:of:iv: ,nd v.acity of his country:non,
ptinnoir-occd d..iledly. :hot it was not a Cataplafm.
hut A he had fre.plen:ly adrninifler-
ed in calls the 1 -.4 j'aiv. The pudding was
therefore t.acted Berm:, aid the Apothecary,
who had been eriiried panEluality, made his ar-
rangemen:s accottlingly, and was liimfolf the
bearer of it, in order to be of we to ins Mimi.