Star.
London, England, 1814-11-07 00:00:00

LAW INITILICIATE.

CC CRT OF CHANCERY, NOV. S.
lIARVIEY vs
This was a bill otiginally filed be obtain an atinl4
title jtad!thient, under the statute Of Anne, avant
the de-ferafant, for ke,-ping a common r,aming.nouis
pi.tintiff, it was -11eged, had list, at the game
of rove ft ncir, r Vtl`liof&MOO, which had paid
by clic,:ks ern Ladhroke t and he brough: his action
in the Law Courts to recover back that sum. and
Obt4illed a verdict.

The demurred to the bill. In his plea lte
admired that lie had played with the plaintiff, but
denied /lilt he had kept a common gaming-house.
The VicooCrsitaceuata. in over. riling the objer..
tion, &cid-et" that he would not subscrbe to the doc-
trine, that a defendant, under such circumstances
(;saving admitted.the play), was not called open to
make a discovery. Such a resistance would have the
most mischievous effects. In point of tact, with re•
spect to the pleas in the present clernurrcr, the whose
of them were bad.
COURT OF KINO'3 BENCH. NOV. &
I TASTY? O. totactata
The ATTORNEY-GE AtltAi. stated, that this was an
action brought by Messrs. De Tastet,'La Costa, and
13urgue, merc!:ants in London, against the defendant
John Garcias, as itra%%er of two bills of exchange, the
one for £BOO and t e other for £7OO, • at osance and
a half. or tines,. months. They were drawn upon
Josef Perez Qainte:'o, Treasurer Gen,ral and Direc-
tor of die National Negociations at Caatz. At Alk
time the bills were drawn Mr. Garcia' washtAhnt
in this country, as Agent for the Spanish Govern-
ment, and as he had occasion to purchase stores to a
considerable airourt, he drew bills in payment upon
those who represented the finances of the*kingdom ref
Spain. The plaintiffs having occasion to remit mo.
ney to Spain, went to the Exchange, and through
the medium of their broker purchased of the &len.
dant for £l5OO the bills in question. Toey transmit-
ted the bills to Cadiz, but previous to their becoming
due the seat of Government had been trai!sierreil
from Cadir. to Madrid. The bills were preseno-d foe
payment i:t Madrid, and returned dibhonoored ; the
consequence of which was, that the defendant became
liable to pay the re-exchange, to reimburse the
amount of the bills to the parties who had bought
them, together with all costs, charges, and espenceb.
The plaintiffs accordingly sent their clef k to the de.
fendant, requiring to be repaid the amount of the
bills with the charges. The defendant examined the
documents. ort,le observations upon them, and finally
gave a check on his banker for the full amount. The
plaintiffs presented the check, when, to their astonish-
ment, they were informed tLe defendant had directed
that it should 'nilt be paid. • What pretence there
could be for such conduct, the Learned Counsel
it Was difficult to ciao:Ave „• nothing had occurred to •
relieve the defendant from his l'ability, and he there-
fore tru,ted the Jury would consider the plaintiffs
entitled to the principal. re-exchange, costs, and in-
terest, Irani the time when the money ought to have
been paid.
Theo: loos were cicirly proved by Mr. Dawes,
the plaint.irs' clerk, La; it appearell on his cross era.
minatioa that, upon the dishonour of the bills in
Spain, duplicates of the protest had been transmitted
to this country. pmt,....st that was not accornpn-
:..ied by the bills h;.piretted t.r arrive first. The plain.
tiffs therefore thought it unnecc.sary to demand their
money I'll the bills we re received, knowing that the
defendant would not pay withou: having the bills
delivered up. • They accordingly waited the arrival
of the bills.

Mr. l'autu: contended, thy ran this statement
the liatiility of the defendant was ,i'szharged. It was
the duty of the plaintiffs, immediately upon their re-
ceiving the first duplicate of the protest, to have
given notice to the deimdant of the dishonour of the
bills. Having omitted to give such notice, they had
made the bilis their own, and the defendant, though
he had given a check for the money, was well enti-
tled to stop the payment of it.
Lord ELLEND1801:011 was decidedly of opinion,
that upon the air:val of the first set of documents,
without the bills, no notice to the defendant was ne-
cessary.
The Plaintiffs, though in possession of his Lord-
ship's judgment in their favour, liberally offered to
give up their claim to the re-exchange, and even to
pay their own costs of suit, upon receiving their prin.
cipal and interest.
This proposition wis readily assented to, and the
Jury returned a verdict for the Plaintiffs—Damages
£1575.

There never was such a quantity of fine new her.
rings knows, to be cauhht as at present, on the Ken.
tish coast, in the memory of the oldest inhabitant.—.
Boats come in every morning so loaded. that they
have been retailed in Margate and Ramsgate, 33 for
sixpence.
. . _

The numher d live cattle brought into Portsmouth
from Fr:lnce, from tie; 0p,m7r..7, of the c -mmunication
till the lAyinp: on of the du. , amounted to 7000
sheep, 19j0 pigs, S 1) calves, and ZOO kifent.

SMITHFIELD MARKET, NOVEMBER 7.
Reef 4, W ce ss %fetal 7. chi to N Sit
Mutton 51 Od to CA ty: 1 P.rt as ud..o 71 4d
Baas 4570—Sharp and Lamb% 14,740—Calves Ito—Pig. See
HAY AND sFRAW, PER EOM?.
hicadow liar 41 to 51 5. Clover it Os to It 7s
Straw 11 12s to 21 Os.
CORN EXCHANtIL. MARK-LANE. NOV. 7.

Although we had but OW freth arrivals of Wheat from one
COAK dais morning. yet tlie quantity left over frant last week's
supply, and a further considerable importation from abroad, pro-
duced together a very b.rge quantity ter this day's metier, n %La
having but few samples the trade was ezczedingly heavy at a re-
duction of full 41, per quaizer from the yricm ut last 114,,iday.f r
that of flue quality. The ordinary sorts are Iltzrely unsal-able.
Barley is is. Oats, Bean, and White Peat, are Cc per quarter
cheaper. In mho '
Grain there is little or ao Sal ia.lon.
CUllatlirr reacts.
Wheat, Kent and Essex, Eta Grey Pras,4ll. 404.
82s. per qr.-I`,:w 4.5. 725. Small Bemis, ios. 421.
Ditto, Stdiolk, 601 Ids. lick Ditto, ft :a. 411
Ditto New, tos. GSs. Oats, Potato', 210. 306
Ditto, Norfolk, sus. 70s. I Ditto, Poland, 425. Us.
Rye, smr. 444. Ovo, P.Md, 101. 24a.
Barky, dri.. 305.—New Mat;, GAL 74%
White Peas, 45a. 504. bwil..TS I Flour, 00 41 per *weft
5t,4. st.s. I<apcset.d, £ll. per
act:.
I'3ol, 30.1.7 t.:.
Oats, Yeti, '4os. 245.
Ditto, Brew, °4s. use.
W!sitt Peal, 465.
Grey Peas, SS-. to,.
Btaas, ;Ids.

I'ol

Wheat, Dant zic, 70i.
Ditto, Dal: lc ►tel, 60i.
Ditto, liatubto' or 13rootoo,

450. 536.

Ditto, Brabant Red, 455.
Kye, VW. 4W..