Star.
London, England, 1804-11-23 00:00:00

LAW INTELLIGENCE.

111 CONTINUATION FROM THE PRECEDING PAGE.

COURT OF COMMON PLEAS. NOVEMBER as.
AltisTlE D. DIARDIN.
This was a cafe to be argued on a rule to (hew
cattle for a new ttial Previous to the Learned Conn-
fel entering into a difcuffion of the points of law in
difpute, the LORDCRIEF JUSTICE read from bib notes
the principal faafts as they came ont in evidence on
the trial, the outline of which is as folloWs :
The affairs of the defendant becoming embarraffed,
three of his creditors came to a parole agreement with
the defendant and his father-in-lavri-Mr. Thomas
Weßon, to accept of the fecurity of the Gentleman
IA mentioned for the payment of the fun, Of tcn Mil-
lings in the pound, in lieu of what fecdrity the defen-
dant could give for the payment of the whc!e of his
debts, which were to a confiderable amount.--tt was
then Rated that the whole of the defendant's effeas
would not produce a payment of time than ys. W. is
the pound, and a deed was drawn up by which Mr.
W. who was alto a creditoriand a man of the tinuoll i
refponlibility, undertook to pay the cos. according to
agreement. and an alfigninent of the effects of the
defendant was made over to Mr. W. as the confider.
ation for which the 'payment was to be made by him
to the other creditors. Mr. Greenwood's fsgnature
*preyed at the foot of this deed. and it was Rated
that. he had accepted the payment of the Ripulated
fom in full difcharge of the whole of his densarid.—'
Mr. Angie, however. Paid, that he was going odi
of town, and, according to the declaration of Mr.
Greenwood, be authorised him to fign his (the Oath.
tiff's) name to the deed t this, however, Mr. GEfen.
wood begot to do, and opon.Mr. Anflie's return to
town, he at firß denied having given any (itch autho-
rity. but afterwards (kid that, as in faa the deed was
not igaed by him. a man had a right to change his
mind. A funs of Soul. in lieu of the original debt of
rood. was offered to be paid him, but he refufed to
accept of it, demanding payment of the whole
amount of the debt due to him. An &W on was
brought in cosfequence of the non.payment of this
funs. and the jury gave a verdia for the Defendant.
It was now tote argued whether there was not, Cul
ficiest Cale to law for anew trial ?
Mr. &leant Saarnean argued at eouriderahle
itolt*gaud the rule, declaring thathe wasforprifed
Mr. A. come forward to take the opinion of
the Coant after what had been Rated on the k,rmer
trial. Ha undertlood that it was alledged on the other
_fide. that the tranfaftion came within the flume of
Fraud. The Learned Serjeant, however, quoted' fe-
vers' precedents of cares which he conceived to be
• anaLtgous to that now before the Court, in which it 1
was generally admitted. that if one perfon undertook
ari to y a certain rum for another, that is vice et !ore'
• and that for fo doing he was to receive a vs.
sable
confideration, filch an aft did not fall within
the Astute of fraud.
The Loan Clint jounce laid that the deed wets
not barely an alignment of debts ; but there might
be another heal to the argument, namely, "whether
Mr. W. had not porchafed the debts?"
Mr. Serreant S. adduced Come other inftances in
&prat of the legality of the traofaftion, and quoted
• oat cafe which, according to his opinion, more dire&
leagttothib-at-oPft wptirvizrrebttintelfrubnl3
bad a certain feted which his node had agreed to
bay, notwithßanding all its incoathrances, and it ap-
peared that tkofe who had a demand upon it were to
be Isenefid by the bargain.
Mr. Serjeant Corlett. declared the he was not
prepared to argue this Taft point, and the cafe was
ordered to Rand over for to-morrow, when the ergo-
meats on the other fide will be fully heard.

110•110111111 21.
As *aims was brought &saint! certain Commif-
goners of the Affeffed Tares, to recover the amount
of a re-affedinent within their diffria.
Mr. Selitaln VAUGHAN Rated, that two perfons
Of the names of Jabbett and Allen were appointed
Canoga-afar the hamlet of Bordfley, who levied the
flouts which the law anthorited them as the duties
upon inhabited honks, windows. male fervants,
'sortie. Sec. within the hamlet. They made their
returns upon oath accordingly. Afterwards, in con-
fequence of the failure of Jabbew, a writ of dif
*ring's was itlued spina him to levy the amount et
the funs for which he was anfwerable. But he not
having a fufficient quantity of effe&ls to produce that
Cum, they proceeded to a reaffeffment. The law au-
thorifed the Commiffloners to realrefs in cafe of the
failure of the Colleaors, but he contended that the
fecond affeffement ()could have been made upon the
place to which the collator who had failed belonged,
which was only the hamlet of Bordfley, and not
upon the whole of the conftablewick of Boraley,
which contained eight hamlets. The Commit:Boners
had not the power to appoint more than two Collec-
tors for any one diflria or place, and it was evident
that they conlidered each of thefe hamlets to be a
feparate diftria or place, as they had appointed two
Collators for each, and yet, when they came to re-
defs fur the deficiency of a perfon in one of thefe
.fißrias, for which only he was anfwerable, and
which confequently ought to be alone anfwerable far
los failure, they ordered the alfeilnient to be made
upon the whole.
The form of the warrant from the Commiffioners
under which the concerns :seed was then read from
he Bench. It audoiriffd 16 perfons therein named
so as as collators within the Conflahkwick of Beret-
lky, Wilton, scc. Sec. The Lord Chief Jake ob-
fer%cd, that that paper was very foolißsly drawn up,
,as there was not any Conßableaick having all that
names which it recited. It thuulil, it there people
were to be outhorifed to collott the Affeffed Tales
within the-whole of the dillria under one wartant,
have Raced firlt the grofs amount of what was to be
lesced off the Contlablewick, calling it by its proper
name ; it might then have Rated the fum to be paid
by each hamlet, ahich formed a component pert of
the diaria, and have appointed the collcaurs for each
dirrinaly. This, however, he did not think was
clearly fufficknt to decide she cafe.
Mr. Sesjeant Btii.ry was goin,l to rife in anfwer,
I,sri tt.c Court infiirnied him that rt.e Jury were
V.t.ti.,g, tor she trial of cafes at A. I'l'lw, and the
hearing of tlic prefect cafe moil be pollpon-
o. Satuatigi •

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