Star.
London, England, 1804-05-09 00:00:00

LAW INTELLIGENCE.

COURT OF EXCHISQVER.
A Writ of Extent having iffiled againft Mr. Geo.
Phelps Chick, a maltfter, at Brentford, for 4301.
Mr. 111 au OM! moved to Let it afide, by his proving
feveral faits in the affidavit upon which the writ was
Rued, and urging the ruinous confequences to the
defendant's credit. The Chief Baron obferved, that
it was a motion perfealy novel in its kind, and if
panted might lead to endlefs trouble and vexation.
There would be no trader in future againft whom an
eitent fhould. Prue, but would come into Court and
queilion the affidavits of the Crown-officer. If he had
fivorn falfe, the defendant had his remedy. The
ule was refuffid.
Mr. PLUMMaa applied in behalf of a Mr. Wiffiart,
for an injunction to flop the proceedings in a fuit
wjlerein he was the defendant, and alto for leave to
fend out a commiffion to the Well Indies, to elect tails
a fa& upon which the cattle depended. It was a cafe,
he faid, where a large quantity of candles had been
tranfported to Barbadoes upon the defendant's ac.
count ; but which the defendant faid, were foft and
unfit for Mk, and not in a merchantable condition.
This was rebutted by the dealer, who iiitlfted that
tt* candles were, in every refpea, merchantable,
but that having been improperly unpacked and ez•
pored to the fun, they became Loft by the aged' of
the climate.
The Lord Chief Baron, after espreffing his fur-
priie that candles Mould be exported to the Welt In-
dies, granted the. Rule, ordering the defeedast to
being the Money into Codtt.

COURT Or 10140'9 BRICK MAT S.
amorotow. cLarrOW.
Thu was an anion on a Policy of Infurance, tried
at. Guildhall before the Loan CRIS, Justice, and
the veraia olio to depend upon a fpecial cafe,refetv.
ed for the tonfideration of the Court. It was on a
!hip which was warranted to be a bane; fhe was fail.
bog hit the taffeta Seas to the port of her deftina-
dnn, nod was taken by a French privateer into a port
ofeliat nation, and condemned by the Foreign Coen
of Admiralty. as a good tad lawfal prize. The
queffirm far the confideratMn of the Coon was. wile-
ober ender-the warrant, of neutrality, the Under.
Webers ertbld be liable. as the condemnation of the
Court feemed to decide, that this was a hoalle, and
sat a hegira! (hip t
Mr. je mania s, for the Defendant, contended, that
ar Pals decrees thus given, are not conclafive againfi
the Underwriters, aid, in fupport of this, be enquir-
ed within what limitation the rule is eircumfcribed,
which eon tl ;nitre the boundary within which Foreign
Gourd arc refpeaed in our own t
Mr. G. Cassias, on the other fide, argued, that
the ft ntence of Foreign Civil. Courts could not be
refilled in a &hills Court of Common Law, and that
%tether they affigned the reafons for their decrees,
armletely Rated the retch of the decree itfelf, it has
always been refpeaed in our Courts of Common law.
judginent deferred.
•rittstox a. PIARRI.
This came before the Court on a demurrer. It
was a cafe in which Lord Vifcestet Rokehy had
• received the film of 60001 l for a certain Freehold,
end be had coveoadted to snake the fuitable convey.
maces to the Defendant. The queftion was, as this
deed was swank by an agent, Lord Rekeby figning
tiVehat. chat-after as well as in that rif a prineipal,
wlekher the deed war valid
• Mr. Jacesow was contending for its nullity, when
be rat interrupted by
Lord Etmansolioven.—" He cannot cove/innt
piranother, but he May for himfelf ; fo far therefore
us the deed affeas Lord Rokehy, it is good. If I
engaged with you that a certain perfon fhoold go to
Rome, I cannot oblige the man to take the journey,
hnt I atti obliged to be refponfible for the conk.
quenees of his tefufal." Judgment for the Plaintiff..
useitn•Ls. D. ILORtittS •550
This win 2 writ of afar from the Common Pleas,
where judgment went by default. The queftion arofe
to the form of the pleading, the Defendants basing
&en named in their individual, as waits in their
erscutorial charaaer.
Ws. Jelin,. from a variety of cafes, contended,
that as in tl:e former charatter they were liable to
coils, and is the latter they were not to liable, it was a
fubtiantial objeaicm to the declaration, that they
were conftdered in this double ehaiatler.
Mr. Bosacoy sr, on the contrary, argued, that
this being net a fpecial demurrer, _ under which ail
matters of form may be taken advantage of, any
eniltake is plat of mere form is, under a Writ of
• error, tureable.
Lard E LLLLL oaouon.—" This is net a formal,
but i febilantial objeftion. The plea and the judg-
tnerti, I think, the true tell. If, however. you take
the ground of furprife, and you think the c •ntiary
port:fon ten:dile, you may reconfid:r it." J•iiiment
Ad; upon the Writ of Error.

Witin% ago OTHIPS v. ctfNcitLe.
This ca e, frapitlretling to all wi:n are to the ha'.
buying and Cling flock, was this y a zaed
Mt. Gas mow and Mi. %V on arc fide, and by
ERSKIO6 .itvi Mr. Gitts on t!.:.
The aftion La I becn by the 'l%l;n:ill's to
receiver the d.s.mages they ned by the D,. ..dart's
sot accepf;ns A traht:er ot It ick 1,41 to h ill o t Olt
of May On the r
Lord Et siircovo.., at
the evidence r.F the broka, .hat the
amount of 7!t rA:d sth t.; M4y, for m,,
Willon—et r- a Mr. WO. ter—:,Ad '7,1
to the Dcleiician% l• tied that Mr. Wilt'r.
hid on that dry flick to :!.e enntint ni on'y 76501'
in his oven name ; and ila: vie u: the 7th of Geo.
If. (Spina flicsjobbing, tilacts, that all fake of
(tack, whereat the feller is !lit piiireheil at the time,
li.di soid, and the rzAlee liable to a penalty of
th...ipparcnt ch..it;t•-...y the Plaldif• had
hetn nou inhcJ at Guild it it appearing fihte
that the- e w ;.:•ciand itiporitin7
cat pri.ot was cot ad..:ateil on t.ie (1..1 to ohiLe
rnaticr clear) that air. IViifin was Trill
Mc Li s. A gafii aid I the cg.,,e'r
.1. it three had at the time of the t. e
flock to c .011,4111 i. of 17,c.001.. II a

tet 6,r
1.3.,

itt ss

I,al ,f(he !•Ci•l

I, it ^

0144

rc^reJ

i'Fj:tv•t

int A ti tr,..1 as
IViiscsi

•s t L..'

li.o;ng

a• • a i .4act

Tilt [IWO O. IDW4SIf
The defendant, who h 4 filtered jridgment to go
by default, Was-brought to receive fetttenee, for
not obeying an Order of Affiliation. It appeared
that he had been ardeved to pay l► certairi fum per
week to his parith, which having negleited to do, the
print proceedings *toe Militated: The fiat due
was t sl. op. which 1114 defendant undertaking to
pay, with all coils of fuit, be was difehatged.on his
own recognizance, to come up when called 'wog.
?Ha 'mad o. PAGET.
This wait aninfortnation aptirdt the defend/tit upon
the 39'h and aoth of Geo. lIL eb. so. extending the
proviiions of the 17th of Geo. 11. in cafes where per-
fons are found killing game at night. The defendant
had been conviEted upon this information, at Leicef
ter, and fentenced as a rogue and vagabond to fix
months impriforiment in Leicefttr goal, during that
time to be whipped, and at the expiration of the
term, fent into his Majeßy's fervice.
Mr. CAP.ILOW moved for a writ of Certisfari, to
bring the above coriviCtion into Court, upon the
ground that the Magiltrates had not only applied
the minilhment of a rogue and vagabond to the dr
fendant, NY that alto of an incorrigible rogye, which
he laid they were not empowered to do.—The Court
granted a Rule to thew caufe.