Star.
London, England, 1803-02-15 00:00:00

-T

DUBLIN, FEB. to.

DCDLIN•CASTLE, FEBRUARY 9.
His Excellency has been pleafed to appoint the
following Gentlemen to be High Sheriffs:
Armagh—John Moore, Jun. of Drumbanagher, Efq.
Kerry—William Meredith, of Dickfgrove, Efq.
Kilkenny—William Bayly, Efq.
Mayo—Michael Cormiek, Efq.
We tmeath—Jofeph Morgan Daly, of Cable-Daly, Efq.
Wicklow—William Heighington, of Donard, Efq.
His Excellency the Lord Lieutenant has been
pleated to fign Commiffions for the following No.
blemen and Gentlemen to be Officers in the under.
mentioned Yeomanry Corps, viz :--
Glenarm infantry—Third Lieutenant Peter Mathcwfon, Cap-
tain. vice Stewart, deceafcd.
Ballymaealls Infantry— the. Johnfon Smith, Efq. Second Lieu-
tenant, vice Duncan, who refigns ; Thomas Johnfon, Efq.
Third lAm:tenant, vice Barnlby, who reigns.
Murrikinfaotry—Firft Lieute.ant George Mahon, Captain,
y;ce Brown, who reigns.
CNfticbar Infantry—Second Lieut. John Thompforn Firit Lieu-
tenant, vies Blake, who reigns; Eyre Evans Kenny, Efq.
Second Lieutenant, vice Thompfon, promoted.
Rathdowny Infantry—Thomas Redmond Prior, Efq. Second
L eutenant,vice Richard Prior. deceafed.
Newtown Barry Infantry—H. my Goklough, Efq. Pirft Lieu-
tenant, vice Pallifer, who retigns.
Portnabinch Cavalry—Earl of Portarlington, Pint Captain.
Portarlington Infantry—Erni of Portarlingten, Firft Captain.
Featbard Cavalry—Fidt Lieut. It. Cooke, Captain, vice Barton,
who reaps.

TEBRUAIRY to.
Tuefday, a perfon was flopped at Mr. Bereford's
Bank, where he tendered a polt•bill which had been
robbed Tome time (ince out of the Wexford Mail.
He was fent in cuflody to the Poil.office, and on
being examined, mentioned his employer, and Paid
he had been defired by him to obtain change. The
employer was accordingly fent for, and immediate.
ly appeared ; he had taken the bill for goods, hut
defcribed very accurately the perfon who had paired
it,who was in confequence apprehended andlodged
in Newgate. Informations of the utmoft import-
ance have been given by this perfon, relative to all
the recent Mail robberies. _ .

Capt. Wilfon and a party of the peace officers,
on Monda y apprehended a number of perforis, who,
it is fuppofed, were concerned in robbing the Wick-
low Mail on Friday night lxR ; feveral of the notes
were found in their poffeffion.
A perfon of the name of Meals, Ms wife, and
fon, have been alto apprehended, upon whom were
found bank poll bills, and notes robbed out of the
Mail on fame night.
A point of law, referved by the Court of King's
Bench a few days fince. on a verdia by a Special
Jury, in fa-our of fhe Plaintiff, Thomas Dade, of
London, Efq. againft Meas. Newman and Hay-
land. in which the former was adjudged damages
to the amount of 39661. iterling, on a corn contra&
determined to have been violated by the defendants,
ia expelled to be argued in a few days, by the
ffrongeft power of the hifh Bar.
His Excellency held a Privy Council on Tuefday
WI A proclamation was ordered by the Council,
direiing Seffions to be held in Gort, county of
Galsoay. in confequence of the increafe of popula.
don in Paid county.
The Circuits are expelled to take place about
the soth of March.
Friday, Saturday, and Monday, three divifions
of the 79th regiment, under the command of
7...ieutenant-Colonel M,Ls an, marched into Belfafl
from Donaghadee, where they landed on Wednef-
4ay and Tburfday lafl. They are on their route
for Londonderry, for which place the left divifion
marched on Tuefday morning.
On the zd init. mandamufes to reftore Sir John
Newport, Mr. Ramfay, Mr.Weekes and Sir Simon
Newport. to their places of aldermen of Waterford,
were delivered to the Mayor of that city.

The Hero of the North is the piece that is attri-
buted to a fon of Mr. Di MOND, the refpeEtable Ma-
nager of the Bath Theatre.
Pe tcrrNC Gaon N DS. —We learn from Dumber.
ton, that on Friday the 4th innant, a cafe was de-
cided by his Majelly's Junices of the Peace for that
county, of centiderable importance to the menu-
faauring interefi of this country, wherein MelTrs.
William Stirling and Sons, of Cordele and Deign.
hurn Printfiehis, with concurrence of the Fifcal,
were complainers, and certain operative printers
were defenders. The complaint was founded on
the Ad of the 39th and 4oth of his prefent Maier-
rv, cap. 136, for " preventing unlawful combina-
tions of workmen." In the courfc of the trial it
was clearly ellablifhed, that a combination, confin-
ing of apprentices as well as journeymen. had eaift-
ed fur about a year paft, and extended to every
printing ground in England, Scotland and Ireland.
The combination had for its objet to transfer the
regulation of prices and management of the hands
trom the matters to the operatives. To accomplifh
this purpofe, local dinrias were ellablithed, regu-
lar meetings held, attended by Deputies from each
field, and officers appointed for the general ma-
nagement of its affairs, and who maintained a regu-
kr with the leaders of the different
d,il,t throughout the kingdom. By the regu-
lations r.f this afrociation, any Member who con-
ceived himfelf in the fmallen degree aggrieved by
kis employers, or who was offered by them any
rice for his work, which he confidered inade-
quate, was dire fed inftantly to leave his employ.
:mot. aod was from that moment entitled to re-
re; ye from the public fund an allowance of t as. per
eck, unzil he fhould find a matter elfewhere who
would accede to his demands. So& member was
-ilfo entitled to a pals, figned by the Clerk and
Steward of the diliria in which be was employ-
etto.ertifying that he had paid his full proportion
',swards the general fund of the fociety, which pafs
l'ifured him the good offices and friendfitip of the
operative printers at any printing ground in Eng-
land. Scotland. or Ireland t whereas any perfon
applying without a pafs. even if he fhould be of
irnployment by the mailers, would be fo M-
r:re:tieand abufcd by hi. thopmates, that he could
not poffibly continue at his work. Tilde has, with
others of a (turflikr kind. being proved to the f.stif
&ain't cif the Court. the defenders were conviCted
npon the name, two of them fentenced to three
rnNnths. and two of them. on account of fome fa-
••o3r:l6le kirouuthaces, to OM mota's imptifoo-
ft.tot.

LAZY INTELLIGENCE.

SPRING CIRCUITS OF THE JUDGES.

MIDLAND: Loßn CHIEF BARON and BARON GRANAM.
Monday, Feb. 28, at Northampton. Friday, March 4, at
Oakbam. Saturday, March s, at Lincoln and City. Friday
March ar, at Nottingham and Town. Tuefday, March z 5, at
Derby. Friday, March tB, at Leicefter and Borough. Wed_
nefday, March 23, at Coventry. *Midday, , March 24, at
Warwick.

OXFORD—Juftice LAWRENCE and Jadtice CNANBRIC.
Monday, Feb. aB, at Reading. Wetinefday, Match 1, at
Oxford. Saturday, March 5, ac Worettfter and City. Wed-
nefday, March 9, st Oloueefter and City. Saturday, March
is. at Moamoutb. Tuciday, March id, at Hereford. Sa-
turday. Match 19,st Slarewfbury. Wednefday, March 23, at
Stafford.

WES FERN—Baron Tn,ataotr and Jultice Lc &awe.
Tuefday, March s, at Winchefter. Saturday. March c, at
Sarum. Thurfday, March to, at Dorchefta. Monday, March
Exeter and City. Saturday, March 19, at Launcaton.
Friday, March as, at Taunton.
NORTHERN—Lord Et LINIOROUGH and Juftice Roo Lt.
Saturday, March 5, at Ayiefbury. "l'hurfday, March to, at
Bedford. Saturday, March 12, at Huntingdon. Wednefday,
March 26. at C mbridge. Saturday. March 29, at Thetford
Thurfday, March 24, at Bury St. Edmunds.

HOME—Baron HOTH AM and Juttice HEATH.
Monday, March 7, at Hertford. Wednefday, March 9, at
Chelmsford. Monday, March 14, at Maid Stone. Monday,
March at, at Kingllon. Monday, March aB, at Horthans.

COURT OF KING'S BENCH, FEB. 14.
COAL TRADE.
PARISH, gni; tam, v. LUCAS AND ANOTHER.
This and the following Cafe is of very great im-
portance to the Public.
This was an anion to recover two penalties of
Sol. each, founded on the 3d of Geo. 11. cap. a 6.
for not felling two chaldrons and a half of Coals
by the proper meafure.
Mr. GARROW, who opened this cafe, obferved,
that this offence was fo common, and had been
carried to fuch an enormous height, that it was
impoffible the interefts of the public could be pro-
tefted, but by Gentlemen in the; fituation of the
Jury, faithfully difcharging their duty, which he
had no doubt they would do, by vifiting offenders
Lf that defcription by a verdid which might cub-
jed them to the penalties which the law had in-
fiided. Without that, there was not a chance of
receiving that meafure of the commodity which
the law had directed. There were two modes by
which Coals were fold. The one was by the Pool
Meafure, with which they had nothing to do in
that cafe. The other was by Wharf Meafure,
which was that by which the prefent Pale was
made. The law required that the Coals fhould be
meafured by a particular babel ; and, in order
that no impolition might be praftifed on the pub-
lic, Officers were appointed, who were fworn
faithfully to difchatge their duty as Meters; and
there was a ticket, certifying they had been duly
meafured, and that they had the articles they had
Foirchafed. It would be difficult, one would think,
after fuch provifions, to praCtife any frauds. But
daily experience (hewed that there was no trade
in which more frauds were committed, than lay the
Dealers in Coals. The defendants had, in this in.
Rance, cheated the buyer (for that was the proper
word to ufe) aloft certainly by bribing the Sworn
Officer of the Public. He fhould prove beyond
all doubt and queftion, that thefe Coals never were
meafured by any bufhel, but were filled into the
lacks out of the barge, and that there was no
bullet there to be ufed ; and yet the ufual Coal-
Meters' ticket accompanied them, Rating, that
they were meafured as the MI of Parliament di-
reeled. Tickets were either filled up by Meters,
who were not prefent at the time, or by leaving
blank tickets to be filled up by the Coal Dealers
themfelves. This was the mode by which people
in a great way of Wind's, carrying on a trade
to the amount of hundreds of thoufands of pounds
per annum, treated their cullomers and the pub-
lic. Many of the cafes of this fort were to be made
out by the evidence of common informers, and
that was a very unpopular and odious charafter,
and very undefervedly fo. For how could penal
laws be executed but by the evidence of thole who
would profecute,and who were to receive either the
whole or a part of the penalty ? If fuch evidence
was not to he believed, thefe flatutes would be
much more properly repealed. The defendants,
in fuch cafes, called out, a common Informer !
a common Informer ! juft as when you called out
a mad dog! every body was eager w have a blow
at him. He was certain that would not be the
conduEl of the Gentlemen of the Jury, under the
direEtion of the Noble and Learned Judge ; and
the Jury, who were immediately to return into
the ranks of Society, would not do a thing which
they could not juitify to their own confciences.—
This cafe was rather fingularly circumftanced in
that refpcEl. Mr. Parifh, the profecutor, was at
the head of the Coal Meters' Office, and the learn-
ed Counfel thought this was a precedent worthy
of imitation; he wiffied that people would prole-
cute in their own names rather than in the names
of others, who were fometimes not very refpeCtable, I
and brought any thing they were connected with'
into difcredit. Frauds had been pradifed to an ;
enormous extelt. It was indifpenfibly neceffary to 1
the interefts of the üblic, that thefe frauds fhould
he fuppreffed. He laid be had given great offence
by an expreffion which he bad flied on a former
occafion of this nature, and therefore, he repeated
it, they mull endeavour to inoculate theca Coal
Dealers with a little common honeßy.

Mr. Bilbop, the frit witnefs, Paid he knew the
defendants and their wharf, which was in Upper
Thames-ilreet. He was prefent when Tome coals
were put into tacks, that were afterwards carried
to Mr. Lucas's, who is brother to one of the De-
fendants. They were put into the lacks with (hovels.
They were put into the racks by what they called—
Fill away. There was no babel ufed at all in
putting them into the Packs. He followed thefe
Coals, and law them delivered in Charter Houfe-
fquare. On crofs-examination, he Paid he could
not (wear whether they were or were not thort
meafure.

The auxl ticket that accompanies Coals men-
'tired br Wharf &feature, and which was fent
along with there coals, was here produced and read.

Mr. Lucas was next examined, He laid At was
orother to Mr. Luca', the defaidapt. Hs laid*

had not the lean reafon to fuppofe they were fhort
in mcafure ; he, as the buyer, was perfeelly fa-
tisfied as to the quantity. He had not thefe coals
re•meafured wilco tkre was an imputation on
them. He was pc:fatly fatisfied they were full
mcafure.

Mr. ERSKINE, on the part of the Defendants,
took two objelions to the Plaintiff's recovering-
-111, that it was out of the jurifdiflitm ; and, adly,
that the 7 Geo. 111. which was fubfequeht to the
3 Geo. 11. enafted, that the coals fhould be mea-
fured by the bufhel prefcrihed by 16 and 17 of
Car. 11. and not by the buthel of Qiieen Anne.—
The learned Counfel obferved, that there was no
intention in this gentleman to defraud his brother.
The hicks were full, the meafure was complete ;
but from the condition of the different Afts of
Parliament on this fubjeCt, perfons who were per-
feftly honeft had been maid. And the learned
Counfel faid he Should be very glad if the Legilla-
ture would repeal all the laws on the Subjed, and
enaft, in their (lead, one plain intelligible aft of
Parliament for regulating this fubjed, and for the
protelion of the public.
Lord EL LEN Er/ROLAu obferved, that whatever
aft ought to be followed, the Defendant was not
blarnelefs. He ought to have meafured by the one
bulhel or the other, and he had meafured by nei-
ther of them. If the gentlemen of the Jury would
follow his advice, they would find a verdia lor
the plaintiff, with liberty to enter a nonfuit, pro-
vided Mr. Erfkine's objeetions fhould prevail.—
That would be exaftly the fame as not finding the
defendants guilty, and would prevent the trouble
of coming down again, to afcertain the fads.—
Said his Lordfhip, this is a matter of very ferious
importance, and whether the Defendant-. ill be
ultimately bound to pay there penalties or not, I
hope the difcuftion of the fubjeft will induce the
trade to do their duty, to do juftice to the public,
and that we may not have tickets laid on the ta-
ble, purporting to be the tickets of fworn meters,
that they had been juftly meafured, according to
the Aft of Parliament, when, in WI, no meafure
whatever had been applied to the Cale.
Mr. ERSRINE—The very perfon who brings this
aftion is at the head of the Sworn Meters.

Verdi& for Plaintiff, damages Sol. with liberty
for the Defendant to enter a nonfuit, in cafe the 7
Geo. 111. fhould be found to have repealed the 3
Geo. 11. and alto fubjeet to the objeCtion of the
locality of the jurifdietion.

PARISH, qui tam, T. BROWN.

Mr. GARROV/ alio opened this cafe, which he
defcribed as a cafe of fraud praftifed againft the
law. It had been obferved by his learned Friend,
that the anion was brought by Mr. Parini, who
was at the head of the Coal-meters' Office. He
could not be in more places than one at a time ;
he was obliged to have (worn meters under him,
and if thefe fworn meters would give falfe and
forged certificates for the purpofe of impofing on
the public, it was his bounden duty to become in-
former, in order to put the law in force. In honk-
dealing fometimes, one had heard of a man cheat-
ing his own brother, but in the coal trade the ha-
bits of defrauding were fo inveterate, that a man
could not be Pure of receiving juttice from his own
brother, nor a father from a fon. It had been Paid
there was honour among thieves, but among coal
dealers it appeared that did not obtain ; men loll-
ing, perhaps, on their Was in their drawing rooms,
or driving along in their carriages, were guiky of
thefe frauds upon their cuftonsers. This was a
contra& for Pool meafure, founded on the 3d Geo.
11. c. 26, fed. so, where the penalty was tool.—
A barge was divided into different chambers, or
portions : one of theft, perhaps, contained so
chaldrons,another ten, and another five chaldrons:
that was the fnsalleft, and was called a room.—
There was likewife the ingrain, which was one
chaldron to every , ao. and fo in proportion to a
(mailer or greater quantity. A retail coal dealer,
of the name of Turner, ordered of the defendant,
Mr. Brown, who lives at Wapping, a room of
coals, which ought to have contained five chat-
drons and nine ballets, or one fourth of a chal-
dron for ingrain. When they were fent home,
Turner fufpefted they were (hors of meafure, and
employed a (worn meter to re-meafure them ; he
ought to have had ;89 buthels, whereas there was
a deficiency of is bufhels, except one peck. •

Turner and his Wife were called, who proved
this cafe.

William Breadfiy, the Sworn Meter, who re-
meafured them, confirmed their evidence.
Mr. ER2KII(I, who made a very able defence,
raid, he fhould trace there coals from the (hip,
(Alliflance) ; he fhould prove to his Lordflsip and
the Jury, that all the coals which his client, Mr.
Brown, had received from on board that (hip as a
room, were delivered to Turner ; and as his client
was as liable to be impofed upon as other men, he
trolled if the Jury were fatisfied that he had bten
guilty of no fraud, but that he had handed over
to Turner the whole quantity that he had received
from on board, and had paid for that quantity as
a room, that they would let him free from this
penalty. He propofed to call the Sworn Meter
that few them meafured on board the (hip, the
people who navigated the barge into wliich they
were put, to the Chore, and thole people that
loaded them from thence into the carts, and the
carman who took them to Turner's houfe. He
called all thde people, who failed to make out
the cafe.

Mr. Mafon laid he was a Sworn Meter, and had
Peen thefe coals mcafured in a vat containing nine
bufhels. A Meter could meafure an hundred-chal-
drone in a fummer's day, and he had 31. for every
(core. He had betides viduals and drink, and come
fpirits. He Paid be did not drink much liquor.'
Another perfon of the name of Allan (wore he
had carried 34 lacks and a piece. lie recolleeed
that, though it happened in November lag, and
yet lie could not tell how many lacks he had car-
ried from the ba►ge to the cart upon any other day
in his life. He did not even remember bow many
he had carried left Saturday.

Aftrr a at deal more evidence for the Defen-
dant, which was extremely loofa and inconcluive,

Mr. Gaisow in reply unleaded, that t 1::: de-
, fence was as infamous as the fraud which occatinn-
ed the adion. The defendant, he did not befitate
.f() fay, had pillaged the plaintiff, and had nearly
ruined him, as many other wholefale coal dealers
had ruined little retailers who dealt with them,—
That as to the morali:y of the mares, it was be-
tween Goo and the defendant's cunfcience ; but
he hoped that after he had repoki upon his pillow
tonight, if he could repofe upon it, the defendant
would tomorrow fend to the plaintiff a bank note
of an amount equal to what he had defrauded the
plaintiff of in the courfe of the tranfiaaions which
had !wild between them. As to this verdia he
regarded it as a cafe too clear to fay any thing
on it.

Lord Et.t.sasoitoucti obferved to the Jury, that
this action was brought againti the defendant, Mr.
Brown, for a penalty of tool. upon the hatute of
the 3d of Geo. 11. c. 26. f. to, and the claufe of
the Ad on which this alion was founded provided,
that if any perfon fold coals by PoolMeafure (and
the coals in this cafe were proved to have been fold
by Pool Meafure), he Ihouhl juilly deliver, with•
out fraud, the fell quantity of coals fo fold by Pool
Meafure; and that if they be delivered fhort of
that meafure, fuch palm to felling and fo deliver-
ing, (hall forfeit a penalty of tool. So, his Lord-
fhtp laid, that the quelkion in this cafe would be,
" Whether the Defendant did '
ugly deliver to the
Buyer, the full quantity fo fold 1" That quantity
Gold was five chaldron Pool Meafure, which made
five childron and a quarter of other mature and
the quaint% in this cafe would turn on the Credit
which the Jury would give to the tellimony of the
witneffes. It was fworn by the witneffes for the
defendant, that they delivered at the Plaintiff's
houfe 68 tacks, which, by the way, implied that
they were not filled, fusee, if full, 63 would have
been fufficient ; but the queftion did not turn on
the number of tacks, bet the quantity of coals
which were delivered to the plaintiff. The (worn
meter had meafured them, and by his evidence it
appeared, that the quantity was fhort by eleven
bulhels. It was contended, that when the plain.
tiff determined on having the coals re.mcafured,
he Should have fent notice to the defendant, in
order that he might fend Tome body on his behalf
to fee them meafured: perhaps it might have been
as well if he had done to, and there would have
been force in the objeilion, if the plaintiff had
meafured thefe coals by hiinfelf and a friend of ti:s
own, without the knowledge of any body cite; but
here the plaintiff had caufed the fworn officer to
meafure there coals,in which he had done all which
the law required of him, and by that meafurement
it appeared, that the coals delivered tr the plain-
tiff were t t boatels fhort of the real quantity
, which the plaintiff purchafed, and which the de-
fendant, by his contra& undertook to deliver.—
Here his Lordthip recited the remainder of the
evidence, yid then proceeded to obferve, that the
qucflion was a very Pimple one in this cafe—
" 'Whether the man who bought thefe coals, had
what he purchafed ? If he had not, but the coals
were delivered to him fhort of what he bought
(whether fraudulently or otherwife), the plaintiff
had a right to complain, for not having what he
contradted for, and what the defendant undertook
to deliver to him ; and his Lord(hip raid, there
was no hardfhip in this, for if there coals were
delivered %bort of the proper quantity, the defen-
dant, who employed men to deliver his coals,
Should take care that they were truft.worthy. It
was the fame thing to the buyer, whether he was
cheated by the actual fraud of the perfon of
whom he bought the article, pr by any of his
agents."

Mr. ERSICIMI Paid, that, if this wasteh cafe and
this the opinion of his LoreHhip upon the point of
Law, a verilift mull pars againfl his Client, the
Defendant, for he could not prove that the quan-
tity delivered was aflually tB9 babe's. He only
underftood that the Plaintiff had all the Coals in
the room, as the Defendant bought them of the
Owner en board the vefel, and having done fo,
he mull fubmit that he did not come under the pe•
nalties of this all of Parliament. The ground on
which the Defendant went was, that he fold and
delivered the quantity of Coals as they had been
delivered to him, and this, he fubmitted, fatisfied
the provifion of the Aft of Parliament.
Mr. Gaaeow (aid, that this court would net
be of ultimate benefit to the Defendant, if the mat.
ter was to be refereed on the Law as i• arofe oaf
of the Aet of Parliament in thisCafe; it was, how-
ever, very well put by Mr. Erfkine.
Lord Etcfmaoito you obferved, that the Aft of
Parliament required the coals,fo purchafect,lbould
be delivered without fraud, in the full quantity
according to the Pool meafure, it would be for the
Jury to fay, whether they were of opinion there
Coals were delivered jultly, and without fraud,
for they mull be both, or the penalty of the wet
of Parliament would attach. Here his Lordthip
went again over a material part of the Evidence to
bring the matter Hill more clearly before the Jur),
and obferved, again, that the firft queftion was.
.$ whether the Defendant delivered this quantity
of Coals to the Plaintiff or not ? If they thought
be did not, then, to obviate any doubt that might
remain, whether the penalty attached or not, if
the Defendant aflually delivered the full meafure
as it was delivered to him ; the Jury would fay
whether the meafure wabfraudulently fhort ornot ?
for, if fraudulently fhort, there would be an end of
every thing like a doubt upon the whole cafe."
The Jury found that the coals were delivered not
according to P .ol meafure, but fraudulently, and
therefore a verdift was entered up for the plaintiff.
Damages tool.

Lord E LLLLL ORA " Gentlemen, I did not
make any obfervations of an inflammatory fort,
which the cafe prefents, becaufe it might give a
different complexion to the fads of it from that
which the witnefres might have conveyed; but
now the cattle is over, I will Gy I am very Oa.'
you have found the verdift yon have done, and in
the terms you have done, for I do hope it may be
the means of affording forte relief to the ilarving
poor of this metropolis, whole hardfltips art muds
aggravated by frauds of Ibis Datum"