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• • used ib vi

COURT OF KING'S BENCIT, JUNK 13.
BOOTH V. lIANDLEY•
The plaintiff in this 4aose brought his ac-ion against
the defendant, a peace officer, for an assault and fa'se
imprisonment, and for depriv ng him of a silver watch,
eye-glass, pencil-case, and a small quantity of m )ney.
Tne plaintiff returning home about eleven o'clock ark
light, somewhat inebriated, got engaged in a scuffle
with a watchman, whicii appeared to have arisen from
the officious interference of the latter. Tie defendant
afterwards accosted the plaintifF, Je,iring to know his
name and place of residence, i.i o that he might
escort him home; but upon the plaintiff declining his
assi.tance, of which a witness proved that he was sue.
cienti y independe,a, Ore defendant had him enameyed to
h w.c'ch house; acid there forcibly took from him
twelve shillings, hi; watch, eye glass, Ste. and co:,fin-d
him together with a felonin the cage, on charge of
assault, until the next nriarninglohpn. Mr. Bo: th was
hailed out, and his property restored. The indictment
at the suit of Handley, for an assault, was tried at the
Quaver Sessions, and Mr. Booth was acquitted. It
was for the injury thus sustained that the present action
was brought.
Mr. Seaman, Mr. Patut.tr4, and Mr. E. Quin conducted the
plaintiff's case; and the COliNtoN Srlo.ltA NT tir.l4 Counsel for
the defendant—Verdlct for the plriotiff—Damages £to.
o'DoNNELL V. LORI 311314.
To this case the plaintiff recovered a verdict, damiges
497/..55. 91 the amount of the psi. cipal and interest
due on a bill of exchange drawn by s Mr. Galway, at
Dungar von, in Ireland, n the defend int, at Bristol, and
indorsed by the latter to the plaintiff.
A point 'vas test rved,at the instance of Mr. Ittclitaittis.
Counsel for the defendant, who submitted that the
word 6 sterling," in a bill of cZch.tnge drawn in Ireland.
must be taken to mean sterling Ir sh money, which is
inferior to British.

The Cm, JrWet, in saving the point, stated his impression
that a case would be found in the decisions of the House of Lords,
the name of which, however, he did not ricolect, which established
the point, that the word sterling, unaccompanied by any precise
definition, Imports" sterling British money."
COURT OF COMMON PLEAS, Jung IS.
WSIIISER N. NICHOLAS.
It appe *red in this c se that the plaintiff, k 1825,
had the ie:t•e of a puhlic house in White Lion-street,
called the King's Head. The premises be:ng in want 01
considerable repairs, he contracted with a Mr. Page to
relsuild the house. After 15.5 f. had been spent, Mr.
Page became unable to conclude his cm'ttact; the
plaintiff, therefore, applied to the defendant, who under-
took to complete the building, :a rd pay Mr. Page the
15.51. he had expended. In consideration of this, the
defendant consented to m T.tga;:e the :topic to him. Au
attorney, named Ford, Will called in by the tlefendan,,
who, inste 141 of drawing up a mot tgage deed, drew up
a deed of ; this, without having any person to adehe
him, the plaintiff •igited. When the house was finishei
Ire paid the defendant the ground rent for six months.
after which he resided in it at a rent of 160/. per annum.
On the non-payrnen• o+ C:is the defendant out ins di,-
tress. A slt(-rt time after, \lr. Ford arrested hire for the
expence of the deed above met:tinned. Jest as b it were
preparkg to relieve him, the defendant put in a detainer
for 8211. which he a.,erted the plaintiff owed him ler •
building the house. This the defendant did after havirg
acted a.s land:ord. Tire plainaff was unable ti ohtain
bail to that 'amount, and therefore remained i I prison
for nearly forty weeks, at the end cif which period he
was obliged by the dtfendant to go to trial. When;
however, the day came, and- his client was prep !red
with his witnesses, the de'eedant withdrew the record;
:tnd paid the costs of both parties. It was for th ma-
licious aite;t tLe present action was brought. the
defence set up was, that the arrest was not done in ma-
lice, but in ignerattee, and that the defendant had been
advised to do it by Mr. 11.nne and Mr. Ruse. To pose
this, Mr. Ford was caned, who swore to the tact.
The LORD CHIEF JUSTICE summed up, and observed.
that if the Jury believe I the account given by Ford tr-
day was that given vs Mr. Rose and I%IT. Horne, whets
they gave their advice, they would find a verdict for the
defendant. If, on the contrary, they did cot believe in
Mr. Ford's testimony, they would find for thr planttiff.
The question of damages was for them to consider.
Having retired for Shout ten minutes, the Jury found a verdict
for the plaintiff—Damages i:130, CU/Its 40s.
SILENRS V. JACOBS.—JUDOMENT.
This was an action brought by a butcher, to recover
the sum of 161. The defendant pletded the Statute of
Limitations, and the plaiitaff was noirsuLed. A ru'e
to shew cause why the nonsuit shtold not he set aside.
having been obtained on the ground that the defendant
had, within six years, ackrowledged that he owed the
debt, 4nd promised to pay it when tiro unts:ances
would enable him. The case. Laving been argued this
Term, the four Judges delivered their opinion seriatim
this day. Chief Justi:e Bear and Mr. Justice GAUL=
in fav,,ur of the nonsuit, on the grounds that the ac-
knowledgment of a debt does not take it out of the
Statute of Frauds ; and though it had been ruled that
a promise to pay would take it out of the statute, yet
A con atiOtial promise did not. Before the plaintiff
could recover on the above promise, he should shew that
the defendant was in sufficient circumstance,.
Mr. Justice PARE and Mr. Justice BURROUGIS gave
judgment against the nonsuit, on the gro rid that an
acknowledgment of the debt was an implied promise,
and that it was analogous to a promissory note, where
a record on the back of it, of having received interest
for the amount, was held suflicie :t to take it nut of the
Statute cu Liritations, and would enable the pry to
recover at any tim • within twenty years after the in.
terest had been received.

LAW •61TELLICEN-CF:

-.~-

NORTHERN CIRCUIT.
Before Mr. Justice PARE and Mr. Baron fivit.Locs.
York and City—Saturday, July I.
Durham—Saturday, July es.
Noi thumberiand and Newcastle Wednesday, July 26.
lasle—Nlonday, July, St.
Appleby—Saturday, July 15.
Lancaster—Tuesday, July 11.
COURT OP CHANCERY, Juts 15.
WELLE,LEY V. TUE DUKE OF REALM 'RT.

- - - -
Annther short conversation arose with respect to the letter of the
Duke of Wellington, obetved upon on a former day.
Mr. Mawr wt.lied to know if his Lordship was desirouq of
having the letter back again ? His only object was to give a copy
to the other side.

His Lot man, desired the Learned Counsel to keep it. as it
formed part of his evhlenne. lle was not desirous of keeping origi-
nals, as if one was lust, it was visited upon the Court.

COOKE V. BANKS.

This was an application by Mr. firaep on the part of
tl;e plaintiff, to restrain the defendant, who was plaintiff
at law, from proceeding with that action. It was a
question between the pariso of St. Andrew, Holborn,
and the lienchers of Lincoln') Inn, whether certain plc-
mises in Stone Buildings were liable to pay poor fates?
For the purpose of trying the question, the parish had
distraiiied sir. Cooke's goode, and the latter had brought
an action of trespass. A verdict had been pronounced
for the defendants, and that verdict had been moved to
be set aside, on the wound that secenJary evidence had
been received. A new tri rl had been granted, and the
trial was fixed to take place on the 28th instant. For
the purpose f obtaining better evidence as to whether
the premises were situated within the parish of St. An-
drews, the defendant had fired a bill for a discovery
.gainq the 'leachers of Linzoin's Inn. The Solicitor tot
he Bendier* had promised, that it the Couotel were of
()potion that the bill could not be ie4sted, the title deeds
shouai be produced ; but if of the opposite opinion, an
appearance would b: entered, without the trouble or
espenceut serving subpcelas. It was undersea .d to b:
the opition of Counsel that the bill could not be re,is ed,
and ,et the title deeds had not been produced, becadse
the neache,s had no. agreed among themselves on the
subject. In the ineetitime the pet sod had passed far
serving the subpce as, the Parish Solic tor having acted
upon the pr.,mise giv. n by the Solis: for for the 13enchers.
Die application now was, under tle:se circumstances,
that t r trial of the action might be postponed until the
011 i of discovery was disposed of.
Mr. HART, as Counsel for the lienchers, objected to
the forin*of thi% motion, and submitted that this was not
the proper tribunal before which the application should
be made. A third ground for resisting the application
was, that it was wholly unnecessary, as it was well
kno.en that no advantage would be taken of the circum-
stances alluded to. It was only reasonable that the
lienchers should be allowed sufficient time for delibera-
ti .n, and be permitted to take the opinions of Counsel
plevious to the production of their title-deeds. Were
t:iey to act otherwise they might perhaps fail into the
same dilemma as the Corporation of Newcastle did a
tew years ago, by shewing 'fair titlescieeds too 1 eelv.
The Court must recoil cc the instance to which he al-
luskri, and the mischievous poi poses to which the pro•
ductoor of the deeds was made sunse. serene.
The LOAD CHANCELLOR—Yrs. it is rather dangerous to let anti-
quarians get a sight of your title-deeds.
Mr. Hear resunted—Doubtless, the parish of St. Andrew'.
Hulooni, contained some such antiquarians, whom it might be on-
side to tsust ou an occasion Ike the preseut.
The Luau CkI•tNCELLOR t,t)erved, that Mr. Cock
being the pi:tin:din the action at common law, he alone
had the inonagesit.:sit there. He thought that an appri•
Cason to posipo,te the trial ought to nave been made to
the Coast et King's Bench ; and it that was teflis;:d, is
would then have beeil time enough to have come here.
However, he would make no order at present, but wait
until to-morrow MD!ning, as what mir,l t done in the
meantime night zeole his mind rut the :till, cr.

The rule to set aside the noniuit was accordingly discharged.
COURT OF CON.DELEGATES.—JuNa IS.

sulicos V. 111111 COL

The Proctor, on behalt ut Lady Briscoe, prayed the Interference '
of the Court to compel Sir W. Briscoe to pay her alimony, agree-
ably to the decision of their Lordships, and for the payment of
which a munition bad been isstied. • He also sought to have the ap-
peal which had been brought 34 the iligh Court of Delegates to be
•
speedily heard.
After some obs,!rvations from the Court (Drt. Dobny, Stoddard,
and Dodson), respecting the propriety of reducing the reasons urged
by the Proctor in writing, the prayer was simply taken " that an
...oily day miLlat be appointed tor hearing the petition."