Star.
London, England, 1804-06-04 00:00:00

LAW INTELLIGENCE•

COURT OF KING'S BENCH. JUNE s.
Mr. WOOD moved for a writ of Mandasam, to be
direfted to the guardians. under a private A& of
PArliament, paged in the year 1795, for eftablifhiug
a fund for the relief and fupport of the Widows and
Children of the Skippers and Recline,. on theßiver
Ware, ordering them to alembic and execute the
powers of the laid Aft. Forty-one perfons had ori-
ginally been appointed to carry the provifions of this
Aft into execution; they
. had force meetings, at
,Which officers vtere appointed, and a fum of eogl.n
collefted as a fund. Upwards of twelve years bad
now elapfief ; and though feveral applications had
been made to procure a meeting of the guardians, it
could never' be effeaed ; there was a large font of
money due IQ the Solicitor. who had prepared the
Aft, &c. and by which Aft it was provided, that he
should be paid his coils out of the AA run& which
()Intik) be railed. Mr. Wood obfervea that part cf
his motion was-to have the Solicitor paid out of .that
fund which now remains. The Court granted. a
Rule to (hew cauti ; and in the mean time,clirefted
that a particular application should be made to the
N furviving guardians. twenty nine in number, *eclair-I
ing theta to *getable and execute the provifions of
the Aft.

SPROULE IL DYSON.
,This inp to aaion on the warranty of a horfe.—
Mbrarace the Duke of Cumberland on the part
• Lieutenant of the Fifth Drag
crudreateal With the Defendant for the WON
of theltorfe in queffion, at a fum of ferenty for/neat.
a'he Defendant fent his fervent far payment of the
twee, and in the receipt for the price, he warranted
hint to be delivered found at the (tables of the Plain-
tiff. The Plaintiff refuted to pay the money, till be
Ilendd them ehe wordsregimpixt," in place
of at the Rabies," which the (avant accordingly
did. Akw dap after the bosh had arrived at the
regiment he died, and from the evidence of a vete-
rinary furgeon it appeared, that belled contralled a
fever, of which he died, and that he might have cOn-
trotted ita few Mutts previous to his arrival at the
bead quarters. It was alto proved, that the borfe
was perfealy found at the time of delivering. him at
the Plaintiff's ffables in town. A verdia was found
for the Plaintiff.
A Role to thew caufe againft it was obtained ;
and Mr. P was this day heard in fopport ot the
Verdia.
The quellion for the Court was, Whether a fer-
vent had a right to change the warranty of his
Matter ?
Mr. ruttier. Lawasece °braved, that this was a
verdia agatnll evidence, and againft law, and ought
to be Pet slide.
Lord ELLENBOROOCH Paid it had been laid down
that if a man is a general agent for another, the
principal is bound ; but if he is only agent for a fpe-
cial matter he !hall go no lot thee. 'fhe Rule was
made abfslute.
HILLS O. THI EZICUTOIS OF HILLS.
Mr. Eaysaas moved to Pet slide the nonfuit enter•
ed in the abuse caufc. He prefaced his argument by
Paying it was an extremely hard cafe, and that the
very esiftence of the plaintiff, an old mariner, de-
pended upon his fuccefs with the Court. The plain-
tiff and the* late defendant were brothers, and the
latter being indebted to the former in the turn of
7001. had granted an annuity of 841. Mr. Hills
paid the annuity for thirteen years, but a thort time
surfesre his death, having difcovered that the annuity
deed was not registered according to an Aa regulat-
ing fuck regiftiation, he,lud the cruelty to Pet it
AfiJe. The plaintiff then brought his aBion to re-
ctum- fool. the confideration-money, in which aElion
he was nontnited, the defendant having pleaded the
Statute of Limitations. Mr. Elm% s now contended,
that the nonfuit could not (land, the defendant, at
the time he fct the annuity slide, having acknow-
ledged the confiderati,n-money to be 7001. confe-
quently had taken the cafe out of the Statute. If it
was inhere/hi (laid the learned Counfel) any indivi-
dual, after paying an annuity for fix years, by pick-
ing a Raw in the annuity deed, might fet it Ade, and
then by pleading the Statute of Limitations prevent
the annuitant from recovering his conlideration-
Mine r.
The Court obferved, that the plaintiff had received
more payments from the defendant than waa fuffi-
cient to estinguifh the whole of the confideration-
money, and the compound interell upon the fame,
pto the moment they were (peaking. There was
gr. and for letting the nonfuit slide : if there was
acknowledgment of a debt, that debt had been

pia.
Mr. &tieing took nothing by his motion.
anatios.sos V. Witte.
Mr. Gas sow move for a rule to thew caufe why
the verdift for 511). obtained by the plaintiff in this
edc th„,,id net be lit afide, and a nonfuit entered.—
Toe Learned Conniel ribferved that there were two
qiiellions for the confideration of the Court : Ertl,
slather the plaintiff was entitled to have any verde&
at all ; fecondly, if lie was fo entitled, whether that
verdifl &mild be for 581. or for only 51.? The de-
claration ilaied, that the plaintiff delivered certain
goods In be cow/coed from Nottingham to London
by the Leeds Mail Coach, and that the defendant,
for real unable hire, undertook to convey the fame,
but inflead of fending them by the Mail coach, he
injorioully conveyed them by a different coach, and
took fueki little care of them, that they were loft.—
The defendant admitted, on the trial, that the goods
were lent by a long coach, andaint the Mail ; at the
fame time lie produced a notice placed up in his
Catch-office, wherein the proprietors ezprefily ad-
vertifed perfons coming to that office. " that they
would not be accountable for any goods beyond the
valet of 51. ask* Wand Of paid for as of a rest-