Star.
London, England, 1806-02-13 00:00:00

V. WAY.

A trial had been had upon the quellion of the
Coundnefs of a lonic, and the nEtion was brought up.
on money had and received. The Defendant's Cnun
fel had contended, that a nonfuit fhould be entered,
as the proceedings ought to have been grounded on
the warranting, and not on the count for money had
and received ; this objection had been overruled by
the ,Learoed Judge, and a verdict having been found
for the Plaintiff, it came to be again argued before
their Lordthips.
Lord ELLEMBOROUCH.—." The Defendant need
there terms : If the bode is unfound, I will take it
back, and return the money.' It occurred to me at
the trial, that Orde words railed a new contra& ; but,
upon farther retleelion of the cafe, I think the afti-n
fbould have been upon the warranting. Thole ex-
pr ellions are rather to b: confidered in the nature of
a declaration of the party t take back the bode, and
return the money, and we do not, after confideration,
think that they lay the bafis of another contra& On
this ground, a nonfuit fhould have been entered.

TMCRING V. TNR MAGISTRATES OF THE COUNTY OF

KIDDLFSEI.

Mr. Gateow (hewed caufe againfl this Rule, which
called on the Magillrates of the County of Middlefez
to thew caufe why a alfaxdawur should not go againtl
them, commanding them to hear and determine on
the cafe of the removal of a pauper from the pariah
of Chifwick. The anfwer to it was, that the Magif-
trates had, in fait, determined the matter, for the
notice had been given to them ; but as it was not
figned by the Ovetfeers of the Poor, or Churchwar-
dens of the pun, but only by a perfon claiming to
be the Solicitor of the pat lift, they had decided that
the notice was informal, and confequently refuted to
ad, and this was conformable to their uniform and
eflab!illsed praitice, which Mr. Garrow (aid be could
himfelf teddy ; and this he fubmitted to the Court,
was a reafonable prailice, for otherwife frivolous ap-
peals might be made for removals in the names of
parifhes without their defile, and much litigation
might unworthily arife—befides, he fubmitted to the
Court, that the Magidrates were the proper judges
of their own praSice, and were not to be dictated to
by any Solicitor who might or might not be inßruited
by the pat iih.
Mr. TOPPING, in fupport of the Rule, contended
that the Magillrates were bound to net in this care,
which had been regularly laid before them, and that
they had no difcretion to judge whether they would
ail or not.

Lord ELLENSOROUGH--." It might have been Tea-
(unable enough for the Magirtrates to require that
fuck notices thould be figned by the Overfeers of the
Poor or the Church Wardens, in order that they
might be fatisfied that the application came from the
parith, but the And Parliament has not given them
the power of refuting to aft, if the notice be not fu
figned, and they cannot ingraft any praCticc of their
own upon the Aa of Parliament "
Mr. Jultice Lawasuct obferved, there was no dif-
ficulty in the way of the plaice* proceeding accord-
ing to their own prattice, for they might receive the
notice thus figned by the Snlicitor, and they might
examine him upon the notice ; and unlefa he fatisfied
them that it came at the inliance of the ;with, they
would be juftificd in refuting to proceed any further,
but they could not refufe to proceed any Rep in the
cafe which they bad here done.—Rule granted.

COURT OF COMMON PLEAS, FEB. it.
&HOLEY V. TOMKINS.

This was an action on a bail I,ond, brought againa
the Jrfendant, to securer the turn of 621. On the
29,1 i of tall month, an execution was iffued againit
his goods, and, by virtue of it, they were fold on the
34th. tiome days Gam Serjearst Ull4llllO, on the
part of the defendant, obtained a conditional rule to
let alit's: the execution, with coils ; on the ground.
that a writ of error had been taken out and ferved
on the plaintiff before the execution had been laid on
the g•todS, viz. rutatl!e 29th of January.
Serjeints Coca vex and BaYLrv, for the Plaintiff,
this Jay appeared, tnlbew eaufe the rule.—
The diffrirra arEJavits made on both (isles were read.
Th-11: snaJe by the Defendant, his shildlcn, and fer.l

vans, Rated, that notwiffillinaing the writ of error 1
had been regularly fued our, and ferved with all due
formality on the z9rh of January, a perfon of the
name of Clipfon, who called himfelf a Sheriff's offi
cer, came on the day following, and feited the goods
which were in the lodgings of the defendant, though
they in fa& belonged to another perfon. They further
Rated, that when the Defendant remonftrared with
Ciipton, and informed him of the impropriety of his
condua, by feizing the goods, when a writ of cum
had been ferved, he, Clipfon, drew a piliol fromhis
pocket, and threatened to blow our the brains of any
person who would oppofe him. They concluded by
llating, that the goods were taken away, and that
the Defendant and his children were left without a
I bed so lie on.
On the part of the Plaintiff, the affidavits of Clip.
fon and other Officers, were read. They Rated,
that when, according to orders, they went to lay on
the execution, the Defendant, at &11, offered Clip-
fon a bribe not to take away the goods. This was
refuted ; and the Defendant, with an oath, then
laid, lince you won't be tipp'd in ttat way, I'll
tip you another ;" and inflantly knocked Clipfon
down, and prevented them from taking away the
goods in every manner he poffibly could, by breaking
feveral bottles of wine, and kicking, and otherwite
abating the officers, in the moll violent manner.—
Other affidavits wete then read for the Plain: iff, from
which it appeared, that the Defendant had pofitive-
ly hied, at Serjeant's Inn Coffee Houle, that he
would bring a writ of error, for the purpofe of de-
lay ; and giving the Plaintiff, as he termed it, Melon:
tree. From there latter affidavits, the Learned Ser.
jeants fubmitted, that the Court mull difcharge the
Defendant's rule, as it was pofitive law, that a writ
of error fhould not aft as aft/prier/eat to an execution,
if the Defendant, or his Attorney, had at any time
declared that a writ of error fhould be brought for
the purpofe of delay.
Serjeants SNVPHEILD and Best., on the other fide,
contended, that though this was now law, yet the
Court fhould be very cautions with relpcft to the
proof of it, as it would not be difficult to find a
perfon amongtt the numerous and refilifiable Gen-
tlemen of the profeffinn of thelaw, who generally frc-
-1 quent Serjeant's Inn Coffee-honfe, and Rand irtgroupe.
about the door, who would not hefitate to fwear that
fuch an after-lion was made, or any other which might
better anfwer their putpcfc. The Learned Serjcants,
therefore, hoped that the Court would not difcharge
this rule, but would order the execution to be fet afide.
The Lord Chief J tar ice Wrist' tax, and the other
Learned Judges, concurred in opinion, that the law
was precilely as Rated by the Counfel for the Plaintiff,
and that there could not be more pofitive proofs, than
the affidavits. on the part of the Plaintiff. The De-1
f cndant's rule was, therefore, ordered to be difeharg. 1
ed, with colts.

Jean Maxwell was lately tried before the Stewlrri
Depute of Kirkcudbright, and is pry, for fwindling
Jeanie l)avidfon, a fimple girl, who confulted her
upon a low Rory, out of fevers. films of money, and
other Articles. She pretended the was educated at
Oxford, and was ehuainted with the occult fciences,
and that the Devil would appear to her in the fhape
of a fow or a bull, and money mull be given to lay
him. Upon thefe pretences, fhe nearly turned the
poor girl's head (who was before that time jar gene in
love). and extorted the fums of money aforefaid. The
Jury found her guilty, and the Steward Depute fen-
tenced the prifaner to be imprifoned for twelve months
in the jail of the Burgh, and to Rand in the pillory
for an hour once every three months during that pe-
riod.

Bow-STRIIT.—In confequenee of a Mr. Elgar,
being bullied a few days lince, and robbed of ptopet ty
to the amount of tool. in the neighbourhood of Bond-
flreet, Officers went on Tuefday afternoon to the
fpot, for the purpofe of making obfervation ; they
took their Ration in a public.houle, where they had
not reinained Many minutes before Loa;,► Clark and
his gang appeared : the officers feized the whole of
them ; and on the way to the office, they met with
Alexander Dew, an alive leader of another gang,
whom they alfo feenred. In the evening the whole
of them brought before Mr. BOND, who committed
them as reputed thieves.
Rhentnatifms, Pairies, and Gonty Affeflions, with
their ufual concomitants, Spafms, or flying Pains,
Flatulency, Indigeflion, and general D:bility (ori-
ginating in whatever fource) are relieved and fre-
quently cured by Whitehead's Effence of Millard
Pills, after every other means had failed. The Fluid
Elfence of Mutlard (toed with the Pills, in thole
complaints where necelfai y ) is perhaps the moll ac-
live, penetrating, and eff:Etital remedy in the world,
generally curing the leverelt SPRAINS •ND
BRUISES, in left than half the time *ally taken
by any oilier Liniment or Embrocation ; and if ufed
immediately after any accident, it prevents the part
turning black. CHILBLAINS it prevents horn
breaking, and inflantly removes their tormenting
itching ; but where this Certain remedy has been un-
known, or negletled, and the chilblains have aflually
broke, \t'HITIHCAD'S FAMILY CER ATI ktll tale the
pain, and fpeedily heal them. The Family Cerate is
equally efficaci in Cie.:rated Sore Legs, Seenbu-
tic Eruptions, Blotches, Pimples, Ring Worms.
; Shingles, BrLakings out on the Face, Nofe, EAr., and
; Sive and inflamed Eyes, Burns and Scalds;
Sire !leads, Old Sores, and Scorbutic Humours of
every defeription. Prepared only, and fold by P.
JOHNSTON, Apothecary, Igo is, Greek•ftreet, Soho,
London. The Elfenee and Pills at as. 91 each ;
the Cerate at is. m Id. and 23. gd. Sold by every
Medicine Vender in the United Kin ,doms. The
Genuine has a Black ink Stamp, with the name of R.
JOHNSTON inferted On it.