Star.
London, England, 1822-04-29 00:00:00

LAW INTELLIGENCE.

COURT OF KING'S BENCH, APRIL 21.
TRUMAN AND OTHERS E. THE EAST INDIA
COMPANY.

This was an action of trover, for the recovery of
certain chests of Indigo, the property of the plaintiffs,
alleged to have beea converted by the defendants to
their own use. At the trial, before the LORD CHIEF
JUSTICE, at the last Guildhall Sittings, the Jury found
for the defendants.
The SOLICITOR-GENERAL now moved for a new
trial. The case was this :—A Company's ship called
the Cerberus, had taken in a cargo at Calcutta for
Europe, of which the indigo in question formed a
part. On her voyage she was completely wrecked,
but a great part of the cargo was saved and carried
to the Cape of Good Hope, and sold by the Captain
by public auction, after having taken a survey and
deliberated about what was best to be done. The
plaintiffs purchased the indigo, and it was sent home
for their account to England, and lodged in the Ea,t
India Company's warehouses. The Company refused
to deliver, denying the Captain's authority to bind
them in the sale in question. It appeared that theie
had been a failure of indigo in Calcutta, and the
price of the commodity had, in consequence, greatly
increased in value in the British market. The plain-
tiffs had purchased with a knowledge of the failure,
upon speculation, conceiving that the indigo would
turn out to their advantage. There was, however,
no fraud in the transaction, the purchase having
been made at the then market price in England. The
question was, whether, under the circumstances, the
Captain had authority to sell the indigo, so as to
bind his principals?
The Court were clearly of opinion, that as there
was no necessity to justify the sale, the Captain had
neither an express nor an implied authority to part
with the property to the plaintiffs, who were cogni-
zant of the circumstances under which the sale took
place, and therefore refused to disturb the verdict.

APOTHECARIES COMPANY V. ROBY.
Mr. Common Serjeant (Mr. Datum's) moved for
a new trial in this case, which was an action against
the defendant for penalties for practising as an apo-
thecary without license, contrary to the 55th Geo. 111
c. 194. A single penalty had been recovered. The
Court thought the defendant's liability, under the
statute, was a matter of 'considerable doubt, and,
therefore, granted a Rule Nisi.

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the Sintinci Newspaper,
the Clerk was about tb lend the indictment;
Mr. Hoes, the Advocate-Depute, rose andlititads,
that he would save their Lordships the trent& of
:hearing theindictitient lead, betaase he did not taiga
to proceed at present with the case;. he therefore
moved their Lordships tb desert the diet phd iota) al
import, and to grant a aew warrant for the recom-
mitment of the prisoner: He intimated at the same
tithe, that he was ready to consent to the prisoner's
liberation on very moderate bail, if an application to
this effect was now made;
Mr. CottriuttNi who was Counsel foi the prisoner;
rose; when
Lord Succorn asked if he meant to object to what
the prosecutor-had now proposed ?
Mr. Cobtautta answered, that he did not, iseCattsd
he was not aware that it was in his power to *set
with effect; but that he had a statement which, in
consequence of what had been said on the other sidd
about bail, he thought the prisoner was entitled to
have made; Mr. Cockburn then spoke nearly as fol;
lows:—.°r My Lords, there is fibthing which the prig
toner more earnestly desires, than that his conduct in
this affair should be fully and judicially investigated;
It is a grievous disappointment indeed; to him, that
the trial has not been proceeded with, as he expected;
this day. But your Lordships are aware, that there
is no way in which an accused person in Scotland
can force on his trial, except by availing himself of
the provision of a Statute passed in the year 1701:
Accordingly, the prisoner being most anxious, since
he was accused, that the merits of the accusation
should be discussed as soon as possible, adopted thi
proper measure the very first moment that he could;
for securing to himself the benefit of that Act) and the
days are now running; at the end of which he must.
unavoidably get rid of this charge one way or another:
If he were to go out upon bail, he would lose the be-
nefit of that Statute, and, therefore, L have to inti
mate, that he does not intend to avail himself of the
offer that has now been made, but has made up his
mind to remain in jail for the full period during
which the law has made it possible to detain hiin
there, rather than deprive himself of the only power
Ire possesses of compelling a discussion: And I ant
sure that nothing can more strongly evince his anxiety
for a trial, than the fact of his remaining in confine;•
ment, rather than submit to go out at large, even upon
moderate bail, with the charge hanging over bins ;
therefore trust, that, far the sake of justice, if not
for the sake of the prisoner, the prosecutor will not
fail to bring forward the case again as speedily as
possible ; and he may depend upon it, that no ob.:
stacle will ever be thrown in the way of a axial by
the prisoner, whose only object is to be acquitted, if"
he is innocent, while it is the duty of the prosecutor
to convict him if he is guilty:"
Mr. Hors rose, when Lord Mtanowarittk stated;
that the explanation which Mr. Cockburn had made
was perfectly proper, but that still there was no ques-'
• tioh before the Court, and that therefore there was nd
' occasion for any farther discussion.
Mr. Hops stated, that it was rather new law, that
t 1 the days did not run in favour of a prisoner who was
at large upon bail:
' Lord 11BADOWBANR said, that this was a point
which had not been decided.
Mr. COCK BURN stated, that r.b person was obliged
I to find bail, and that though there might be ways rn
which the public prosecutor might deprive a prisoner
of the benefit of the Act of 1701, certainly he could
not do so by exacting bail from him.
Mr. Boxthwick was then recommitted under a ne*
warrant.

PAnts.-6Vesterday bring rather gloomy, much
novelty in dress was not displayed. At half-past-fout
Hyde Park was crowded, particularly the Wellington
Promenades The carriages,. not th and south, formed
a double lute front Piccadilly to Cumberlandate.--:
Among the promenaders westward, were two hands
some Highlanders, in the full costume of their coun-
try. They were everywhere objects of great attt actions
The Right Hon. Earl Nelson has appointed the Rev. 0. D.
Et. John, Rector of Alottisfont, one of his Lordship's Domestie

Chaplains.
Weeuesday, the 10th instant, Mr. Angus Milian Preacher
of the Gospel at Lochrauza, was ordained and admitted Mi-
nister of the parish of Kilmorie, Island of Arran, vacant by the
death of the late Mr. Crawford.
Pioarrawasm—Last night, at six o'clock, Moses Joseph (the
wandering Jew), who undertook to perform the Barclay Match
on the FAgeware-road, resigned his laborious task, after having
gone 356 miles
Coax EICHANCIE Maar-Laos, Aran. 29.—We had a fair
supply of Wheat this morning from Essex, Kent, and Suffolk,
prime samples of which met ready sale at an advance of 2s. per
quarter, and there were rather more buyers of the secondary
lqualities at last Monday's prices. The arrival of Barley was to-
' lerably large for the season, and the principal Maltsters having
ceased buying the trade was exceee.ingly heavy, except for a few
picked samples, which sold at last Monday's quotation ; but
there is no demand for the inferior sort c. Beans are from Is. to
2s. per quarter dearer. Oats fully maintain the advance thzt
took place last week, owing to short supplies. White Peas are
9.5. per quartet higher, and fine Boilers arc in request at that
amendment. In other articles thereis no alteration.—Cu: rency:
INCLISIL Small 8ean5............22s 2Bl
Wheat, Kent and I Tick ditto
Essex 30s 60s Oats, Pdtatoe 23s 255
Suffolk - Poland 20s 23e
Norfolk ........ 405 48. Feed 15s 20e
Rye 26s 211 s Flout, pet Sack 4Ss Sea
Barley 155 23s Rapeseed, per last se3o ins
Malt 4ls 46$ . TOZZIOIS.
White Peas 2os 22s Wheat, Dantzic . Os
Boilers ...26s 26s Baltic Red, Hombre' dr
Grey Peas lila 22s Brabant red
GRNE#AL AVERAOR PRICE OF BRITISH CORN,
(wiles. orozaws ntroararsom),
For the Week ending Aril Y 0,1692, made up from the Return,
of the Laketon In the different Cities and Towns in Bog-
land and Wales.
Wheat • 444 2d I Oats 16s Id I Beane Lie 11tt
Barley llis 10.1 Rye 19s ad Peas 2111 91
Suns e.—Average Price of Brown or Muscovado Sow, emir
gated from the Returns made in the Week endleg 14th April*
181111, 365. W. per cwt. exclusive of Imported= Dune.:
Starrnmata Masan Aran. 29.--Our supply of Meat of
all kinds was this morning plentiful, and although the 'hew of
Beasts was not so large as last Monday, yet there wab guide
enough for the demand, and prime meat aipported last Ma.
day's iceo
prprey, Is. od, to Ss. gd. per stone of albs.; natio, Rs Offs
to Os. Id. Veal. 4s. Od. to 55. Od. Pork, Rs. 0d ..to Ss. •4.
Lamb, 4s. to lia.Odo.Calthr at Market Beasts, MO; Cars% 2is
sheep and /A,ube, moo; Pigs, 290... Hay and Straw per lead;
.Hay, 3L 10s. to 44. 44. Meal M. 45. ISt. Straw, 16
515 0.141.

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