Star.
London, England, 1806-11-27 00:00:00

not till then, could proceidittgebs had es a breach
of promife ; but, according to the principles already
laid down, it was competent for the prelim lending
the money to give a parole ,deals at any time berme
the breach of contrati. This doctrine was farther
confirmed by Buller's Nifi Prins, which laysit down,
that a pronlife before its breach may be discharged
by parole, but that, after being broken, it cannot he
&Charged without deed." In all the cafes on this
fubjeff, it appeared that an executory promife may
be difcharged by parole, and if In, he-did nut *now
why a promiffoty note Mould not be likewife
dif-
charged on the fame ground ; for the reafon of the
(hive was, that the parties who were to receive con.
fidetation or benefit, Ihoold have the option of dd..
penfing with it. For infirmee, it was reafonable that
the petfon contra ting with the Captain af a vell'el to
Gil on a fixed day flsouldk.ve the option and power
of laying to. him, without detriment, that circunad
fiances had fince occurred which altered his mind
and induced him to Ideate, by parole, the contras-
ting party. Arguing from this, what dillinCtion is
fubtlacce could be taken between this cafe and that
of a man who wilhed to releafe another from a debt
due by agreement ? The creditor in the one cafe
ought to have the fame liberty with the employer of
the Captain in the other ; he should not therefore be
reltrained from laying to his debtor, " I eacharge
you from ti.e debt you owe me, beciufe I do not
want it." He was aware, however, that it Asould be
laid a promiffory note, payable on demand, in three
months after date, was nut an executory promife.—
The words executory protonic meant foutething to be
done hereafter. in contradiftioCtion to the term "ex,
ecuted ;" bat here it was to be obferved, that though
a note was executed at the moment it was figoed, yet
that it was in fall executory, as to the time fixed for
making a demand, before which it could not be re-
covered. This was, therefore, is far as the principle
applied to the prefent cafe, a diflineion without a
difference. Having occupied the time of the Court
longer than he intended, he would not trouble their
Lordfhips with the produaion of additiOnal cafes err
arguments, but fubmit thofe already adduced to their
judgment.
The Lord Com Joretce agreed with the Learn-
ed Serjeant, that parole agreements may be dif-
charged by parole; but he differed with him in his
application of the principle which Reversed loch
cafes as notes of hind. He waked it, therefore, to
be clearly underflood, that the Court of Comoros
Pleas did not entertain any fuch opinion. On the
contrary, it was their decifion that notes of hand
could not be &charged by parole. If they agreed
with the Learned Serjeants he was fare that there
would be foonAnnumerakle applications of a limiter
defcription. His Lordfhip, after feveral obfervations
on the cunfequences of fuch a prettier, ordered the
rule to be &charged
OILLIT 6. MAMMA..
It wiU be remembeted, that the Plaintiff, a Printer
in Salithury-feptare, Fleet-greet, brought his *Rios
again& the Defendant, a Bookfetler in the Poultry, to
recover a cosspenfation for work and labour, namely,
the printing of two works, one called " The Travels
of Anachatfis," and " Pearl's Dieionary ;" both of
which were deftroyed when Mr. Gillett's ;mottles
were burnt on the I nth of D.cember, t Sos.—At the
trial, the Plaintiff obtained a verdift ; and, at the
commencement of the prefent term, a rule was eb.
tained to (hew crude why a new trial fhonld not be
granted, upon the ground that the Plaintiff had ne.
gleeted to infure the Defendant's work, agreeably to
the cuflom (tithe trade.
The propriety of granting a new trial carne on this
day for argument.
After reading the Repoli of the Trial, which hay
been frequently before the public.
Sir JA 14 F s Ma N STI lUD obferveda—" The queflion is
whether the Pt inter did, or did not, take care of the
Bookfeller's paper according to the cuflom of the
trade ? It appeared to me at the trial that there never
was a cafe where the evidence %rulers prepared in
behalf of the Plaintiff to eftablifh part of his allega-
tions. You fay (addrelling himfelf to the Counfel
for the Plaintiff) you are entitled to recover, becaufe
the Defendant did not fend for the work when it was
finiftted, ,and before the paper was loft. The point
upon which a new trial ought to be dilculfed, ap.
pears to me to be the promtfe of the Printer to be
anfwerable for the paper. AR the evidence produced
by you weighed ftrongly, that the Printer was obliged
to *direr for the paper. There war a refolution
palled after Hamilton's fire, to make the Printers
anfwerable for the paper in their charge, but it was
never figned. Mr. Stockdale,one atilt witneffis (aid,
when he had a great yolk to infer* he never depend.
ed upon the Printers, who had undertaken to infirm
his work, who frequently deceived him; and this
proved that it was the duty of the Printer to in.
fure. With regard to delay, there appeared no en-
oagement to finish the wort by any fpecific time,
and, it there was delay, it retied with the Editor of
t. Anachar fis," who, in confequence of Come preven-
tion, did riot feud copy quick enough to the printer.
If the delay therefore was OCCafiofled by the Editor,
that part of the charge againft the Dereirdantis done
away. With ref peel to the calm of the trade, I
think It has not been fufficiintly eneitihed into, and
therefore &fluid think a new ttiel neceffary.
Mr. Serjeant VA I hope your Lordfltip
will hear the obfeivattons I hate to offer againft the
new trial."

JAMES MAN STIII.II. The Court will hear yon
to mot tow" tthis day.)

A DYltaa LTY OMIT, Nov glint :t.—This day the
Right Hon. Sir Ww. Scorr proceeded to die adju-
diemit n of the following gales :
l'aonna. Grondburgh maßtr=Phis Danith (hip, with a cargo
,[C lark, tollauen, tatuannda, ice. on a voyage front St Therm: e'
to Holland dr Copenhagen. for a market, Wag captured by the
iletfer pli2abief. it Wawa Munroe' ennunoader, and brought to
Plynnonts. In this cafe the tip and the goaaa taken on board at
St Thomaes, wire reftneed MS elaililed, a auk freight and capeaete,
and Ow 'rem:tale:at thertrgb cdndenina.
norm, Bantlaa ntalter.--ThW wind, under Pottworefe ertlailts,
Welt with hit wad OreitUalword. an a *cone frail I.llboo to
Wltarstalts Was wistful by the Alezan4..r, .prsoatrer,
M, try «m powder, and benught to Plynwarh Further proof
oh. dltedi:d In no. cafe, with rekeet to the lttiN refacing do,
adjwitcatiereatelteeaera

'talentAy morning, %boot fit o'clock, .. fire broke!
ont 'in the bottle of-Mr. l'oetie, the Clerk 'of the!
iltetehoute, et his Najeiltee Vietoalling Ofiket
Iboptcord, which, oftereonfuening the whole of the,
Irrnitere in the 'hoot parlour, was trttitttaifbtY
oinbout Luther damage.