Star.
London, England, 1828-04-19 00:00:00

LAW INTELLIGENCE.

COURT OF KING'S BENCH, Gutuntea.t, APRIL 18.
Before Lord Tincesanan and Special Juries.
Loaf) AND OTHERS V. ROBINSON.
This was an action against the Patriotic Insurance
Company of Ireland to recover the amount of an in-
surance effected with them on the ship Caroline, of which
the plaintiffs, who reside at Van Diemen's Land, were
owners. It appeared that the ship had set -sail on a
South S:a fishing voyage, having been insured from
Sidney, New South Wales, to thaheite, during her stay
and trading there, and from thence back to Sydney.—
After going to Macquarrie Island and procuring a
quantity of oil there, she was on her return to Sydney
in-March, 1825, when she was wrecked. These facts
having been proved by the plaintiffs' witnesses,
-Mr. Sergeant WILDS, for the defendant, submitted
that the plaintiff must be nonsuited, ono he ground of a
deviation from the policy. There was no evidence to
show that the ship had sailed for Otaheite according to
the insurance, or that it was ever in contemplation that
she should proceed thither ; on the contrary, as the dies
tance from Macquarrie Island-to Otaheite was farther
than from Sydney to thatplace, there was reason for
inferring that she had never contemplated making the
voyage insured for.
Pr JAMES SCARLETT, lot the plaintiffs, replied to
the (ejection, but
Lord TeNTEIRDEN held that ft must ptevail, and the
plaintiffs were accordingly nonsuited.
ROSS AND OTHERS V. WILLIS AND OTHERS.
This was an action against Messrs. Willis and Co.
bankers, of London, to recover the sum of 8;000f. the
value of a quantity of East India goods belonging
to the plaintiffs, Messrs. Ross, Robertson, and Co. tor-
thtrly manufacturers, residing at Perth, in Scotland.
Sir JAMES SCARLETT (with whom were Mr. CAMP-
BELL and Mr. ALDERSON) stated the plaintiffs' case, and
from his statement; and the evidence adduced; it ap-,
pealed that the plaintiffs, who were in the habit of.
making extensive exports of goods to the East Indies,
and receiving large returns, sent, in the early part
of the years 1823 and 1824., to Messrs. Richard.
Fennel) and Son, who 'wee then :acting as mer-
chants and agents in London, the bills of lading of at
large quantity of return goods then deposited in
the East India Coinpany's warehouse, for the pur-
pose of their effecting sales as the agents of the plaintiffs.
The defendants u ere the banters of Messrs. Fennell and
Son, and the latter being under great pecuniary cm-
barrassmo.t in the latter part of the year 1825, pro-
-cured from tire defendants advances upon the security
of the plaintiff; goods, delivering to them the warrants
issued by the East India Company. The plaintiffs were
not aware of thistransaction until August, 1827, when,
hiving reason to suspect that Messrs. Fenuell and Son
were in insolvent circumstances, one of the partners
(Mr. Robertson) came to L-ndon, for the purpose of
getting the whole of the property out of their hands. He
was then made acquainted with the manner in which the
goofs had been dispo ed of. Under these circumstance.,
the present acti-n was brought against Messrs. Willis
and Co. to recover the value of the goods, on the well-
known rule of law which prevailed prior to October,
1826, that an agent could not bind his principal by any
act not authorised by the latter.
The SOLICITOR-GENERAL, who with Mr. F. POLL( CIL
conducted the•delendant's case, in addressing the Jury,
observed upon the extreme hardship of this case, the
defendants being wholly ignorant at the time they re-
ceived-the pledgee from Messrs. Fennell arid Son that
the gods belonged to any other person' than them:—
Whatever might be the general law applicable to
the case of an agent pledging goods without the
authority or knowledge of his principal, he appre-
hended that in the present case the plaintiffs had,
bx their own Conduct. .Wade the loss their own, by
their;want of. due eau:Avg is trnstiog the Messrs.
Fennell with their goods after they- had discovered
that they eve in a state of pecuniary embarrassment.
paii4isp the defendants had no knowlolge, and could
*tonne, thaet he wart ants belonged to any other patties
tlifsn those from whom they received them; on
thb contrary, they I,ad every- ress, et to believe that
they belooged to blessrs.E.unell and St.n, their names
only being upon the warrants. But he had another
point to submit to the consideration of the Jory.—
He hoped to be ab!e to show, by the evidence
he should lay before them, that although the Act
of Parliameot which altered the old law on the sub-
ject of pincip.il and factor, and which passed on
tire .sth of July, 1825, did not- virile into operation
until October, 1826 (the pledging in this case being
antecedent to that period), yet that it would apply to
the present case w:th r (-fere: ce to a transaction corm c ed
with a bill ef e "chaege for 1,000/. which the defendants
had discouned in May, 1.827.Th5; he contended,was is
the nature of a subsequent adeince, which gave the de-.
fendatits a lien upon the goods in question, the Act,
which was intended to be construed beneficially, being
also meant to cover all transactions between a pawing
and the persoa to whom tht advance was made.
Some evidence on the pants alluded to by the Sou-
eira•Gersenat. was then gone into; but it failed teal
e.tablish e case he opened.
• Sir J. SCARLETT, in reply, said it was .quite clear'
that the defendants, and not the plaintiff', had failed'
-to exercise that precaution which, under the circum-
stances, they ought to have adopti.d. Neither the ;rade
of-a banker nor the necessity of commerce obliged a
banker to lend money ; and therefore, when he did so,.
he should at least be careful of what security he took.
The inference in the present case was, that the defeu.
darts doubted the solvency of Messrs. Fennell and Son,
and therefore, in taking the pledges from them, they
ihoold have inquired whether the goods were their own
or not.

Lord_ TENTERDEN, in summing up, told the Jury that
she ease must be decided by the law as it stood at the
time of the transaction in question, and not as it now
:fisted. It was clear th.lt by the old law a pledge oli
property rpt belonging to the party who made it, could
poi gave a lien upon the propeaty to any, other person.
Pt had been urged by the defendaT.ti Counsel, thpt
the plaiutiffs ought *to have taken the property out

of the hands of Mews. Fennell and ,Sop the moment
they were apprized of their embarrassed circumstances.
but he (Lord Tenterden) could not concur in that view
of the cue. as there was nothing to show that the
plaintiffs knew, or had reason to suspect, that their
agents would part with the goods in the dishonest man-
ner they .did ; and as there was no particular' circum-
stances here to take the case out of the general rule of
law as it existed prior to Oct. 1826, his Lordship was
of opinion that the plaintiff. were entitled to recover.
The Jury immediately found for the plaintiffs.
There was another action of the same description
against Messrs. Willis and Co. at the suit of Mr. Francis
Robertson. The defence attempted to be set up in that
was, that other parties besides the plaintiff were inte
rested in the goods, and ihat one of them consented to
the pledge. The fact, however, was not made out by
the evidence, and a verdict was taken for the plaintiff.
The verdicts were taken in both cases for the damages
laid in the declarations, subject to be reduced to nomi-
nal damages on the goods being delivered up to the,
plaintiffs, which it was agreed by the defendant's Coun-
sel they should be.

RUSSIAN INGZNUITY.—I passed a military colony,
on my way to Moscow, where a visit had been made
by the Emperor Alexander, for the purpose of inquirieg
into the condition of the soldiers. His Majesty having
entered into a kitchen, observed a goose roaUing, and
on visiting a second saw a similar feast preparing ;. itr
short, in every kitchen he slipped into he invariably
b:teld a goose upon the spit, and recurred, satisfied
that the colonies, from such dripping roasts, had pktity
of excellent cheer. It was, however, afterwards disco-
vered that the Emperor had been imposed upon, tor
after all there was only a-single goose, which had been
most dexterously conveyed from one kitchen to another,
so as to .be turning at the fire Whertever •he entered.
This expedient was adopted by the Governor, to im-
prMs his Majesty with a favourable idea of the flourish.
ing state of the•colony---Rae Wilson's Travels•in Russia.
Lord Nonnuftv "congiatUlated Mr. BROUGHAM%
..
nephew on.the good jiti living he had obtained. It was
at first doubted whether-his Lordship meant a joke, till
it was•recollected tli'at the livingin questio'n'was that
Of Tallow !

Why is -a .great'cont -peipettially• worn like a cele-
brated 'French phitosopher and politiCian? Because it
is Benjamin Constant.
The Pope still carries. on a roaring itade. -lle has
sent eleven bulls to Colonibi4
There:is a considerable quantity. of base coin no.w in
circulation. •No less !Ilan -five counterfeit sovereigns
were presented at one of the Boston banks-in one day,
the vteek before last; and great numbers Of counterfeit
half crowns have been lately passed . to• tradesmen in.
various parts of this county. of Lincoln. •••

.
Tin Woav Miss.—" This word began to BW died in
•
a decent sense about 1660 Evelyn, in. his Diary. Gays;
‘4 I saw. performed the third •part •of the g Siege ,Di
Rhodes.' • In this acted the fair and famous Comedian,
called Rozalina..frOmthepir( which she played; and
I think it was the last, she being taken:Tor. the Earl- of
Oxford's Miss, as at this time they began to call lewd
women."

. . . .
PitIVILEGEB OF THE INHABITANTS Ot.Tllll TOWS*
LisERTIE3.—The Chairman at ;he-Petty Session on
Thursday last, in a case• in which a Juror -appalls i
have his fine for ndri-atteodintc te#liittrslated thtfti
the inhabitants of the Tower Liiettietheti.privileges,
of which they were not aware. One privilege wash that
by attending for two days- in the year is tbtirewts Court
as Jutors, they were exempt from a!tEnging any istkre
else in the same.capacity. . .
A :mimic epidemic fever hat been prevalent in this
island for several weeks past; the attack of
,which but
few families have escaped. 'A similar febrile visitation
is not remembered by the oldest inhabitant. Its peculiar
nature is such- as to occasion acute pains in the limbs,
as well as violent headache. We understand that it has
also prevailed in many of the neighbouring islands.—
St. Vincent Gazette, January 29.
A perscn in this town, in very comfortable atm.
stances, but of very parsimonious habits, a few days
since had the misfortune to lose his wife, who was
snatched away from' him by the grim tyrant Death.—
I Even affi ction's sting could not, however, smother the
ruling passion, and the disconsolate widower, jest after
the death of his beloved, waited upon several undertakers
to contract for the cheapest coffiirl—Plymouth Journal.
TOnACCO.AND Saurr.—A. Gentleman the other even-

iug, who had felt much annoyed by several persons
smoking near him in a public room, complained of it
to a friend sitting by his side. He was overheard by
one of the smokers, who considered the remark to have
been pointedly at bin's, and took an immediate occasion
to cross-the complainant, and puff his cigar in his face,
hoping it was " not dis4greeable to Even
though it were, Sr," replied the offended Gentleman,
" surely every man may be allowed to use his own lo-
bate° after his own pleasured" and instantly threw the
contents of a large snuff box in the smoker's eyes.

The following successful case. of barefaced robbery
cannot easily be surpassed by the most expert professors
of converaecing of the presekt day. List week an ho-
nest farmer, from the eastern-part of-the county-of Esser,
attended, with some stock to dispose of, atßumford mar-
ket. • Itr the cow te of the 'day he met with a person who
claimed his acquaintance, and mentioned circumstances
that convinced the farmer they must have met before.
The Winer 'sold his beasts, retired with his old acquaint.
ance to a public house, where they drank freely, and
they both proceeded on horseback towards Chelmsford.
On the road, however, they stopped to bait their horses,
and had more to drink, until the farmer was too much
inebriated to proceed further that night. They slept in
a double bedded room, and, early its the morning, the
farmer being still asleep, his friend dressed himself in his
clothes, in the pockets of which his money was depo-
sited, paid the expenses of the night, proceeded to the
stable, and was ready to mount the farmer's horse, worth
forty guineas, leaving his own old horse and clothes
with the farmer in lieu. Just as he was leaving the
house the farmer awoke, and finding his quondam friend
and his own clothes and money gone, he got hastily up,
put on the clothes left for him, and came down stairs,
in time to preient, as he thought, the escape of his old
acquaintance. The knave faced him boldly before the
landlord and servants, dressed and mounted as we have

de•cr ibed,and succeeded in convincing them that the far-
m r was an imposter; this was easier done, as the parties
w. re strangers in the house. The villain even proposed
that they sht.uld ride together to Chelmsford, when
his identity could be proved by many respectable per.
sons. As matters stood, the farrier agreed to this ar•
rangement, and mounted the rogue's old horse. They
had not proceeded far when the farmer's palfrey be.
came so lame that he could scarcely walk, the thief
hawing, while in the stable, driven a nail in the alarm:a%
foot. It was then that the cheat applied the spur to the
horse he rode, and soon lett the farmer to get home sus
well as he could, minus a suit of clothey his horse, and
about 1401. in cash.

POLICE ISI*LLINCE:

• G Inrrfn A L L.
&berg Williams, a lad In theempiny of Mr. Stanton,* brass.tobe
maker, in Shoe-lane, was charged with stealing 61 lbs. of brass tube,
out ioto.lengths for ferrules, as .yraste. • Mr. Stlptyn called at Mr:
Woodrull, a brass-worker, it; Cow-cross. and learnt tisat the boy
be bad sent to receive some money there last attic bad, a day or
two before, sold some.pieces of tube, as waste, for 3s. 3d. calling it
his own property. Mr. Stanton knew be had shout I cwt. of such
pieces in a cask ; on his return he found the quantity had been
diminialied.to about 401 h.. The prisoner acknowledged his
and said he did not know what had possessed him to commit the
offence.—Alt. Alderman &miter committed him for-trial. .

Hen, fowler, a lad in the employ of Mr. Fraser. a baker, in
Thames-street, was remanded, on a charge of hating embezzled
various small MIMS, which he had received on his-master's account
from the customers. .
BOW.-ST R EET.
Yesterday five boys, the youngest only nine you of age, and the
eldest not above fourteen, four of whom were in a most ragged
and filthy condition, were charged at this office with horse stealing.
The fact at the first blush may appear incredible, but it is true;
and there is much reason for supposing that the astonishing increase
of crime in this metropolis is mainly caused by the nests and asso-
ciations of young thieves, which abound in all the low parts of Lon;
don and Westminster.

It appears the principals in this juvenile gang are three lads,
named Callol,linn,Brynn,awll (c.'tcrips They entered a coach:house
in Morriq-colirt, St. ‘lartiii's lane,. anti put bridles.upan two horses
belonging to a hackney coachman, and therrOde away' with them,
fdr the purpuie of finding a knackereo purchase.thern. ITiwy•also
broke into an adjoining stable belonging to Mr. Yirarren the black-
ing-maker, in the Strand, and pit bridles on twootitis horses,
ready for riding away with them. They also carried off some
articles of wearing apparel from the coach holm. The thr6e pri-
soners above named were stopped in the **eft with the coachman's
two Loma. They were remanded; the other two were discharged.

• HATTON-GARDEN!.
•
Two boys,John Tyrrell and Juka Fury, were charged with robbing
the box of the Conner prisoner's mother of three silk handkerchiefs
and a pair of women's boots. It appeared" that' Tyrrell broke open
the box, took out the property, and gave a portion of it to the other
prisoner to pawn, which he did. The money obtained for the
various articles was spent by them. The mother of Tyrrell said
he was a most incorrigible fellow. lie had been only two days out
of the House of Correction when lie robbed her.—The prisoners
were committed.

M A RLBOROUG H—STREET.
Yesterday the Churchwardens and other Mttboritles of the Parish
of St. James's, came before the Magistrates, attended, by Mr.
Anotestus as their Counsel, for the purpose of compelling several of
the Inhabitants to pay up their arrears of the " Church Rate,"
'which the latter had refused to do, on the ground that the Rate
was an illegal measure, and originated with Ole Select Vestry of the
Parish, whose proceedings the great body of 4114 parishioners had
,determined to resist, and far that parpose,thez hine formed a COM,
mittee, of which Mr. Pores, the printseUefin Piecadilly„ has been
appointed Chairman. "'4e- .1. - •
, Mr. Clarke, of Oxford-street, who was sumniTett,:objected to
the rate, on the ground that be and other inhabitants had
_paid a
similar rate In 1821, and that on-that occasion rodielof the house-
holders bad been excused.. Ifs on this occcasion, he was compelled
to pay the rate, he submitted it would be unjust, inasmuch as he
would then pay twice as much as other inhabitants of thi parish.'--
The Magistrates, however, decided that the rate was legal, and
threatened to issue a distress warrant against Mr. Clarke sinless it
was paid.

MARY-LA-BONNE.
William Sorry, a porter belonging to the White Bear, in Picca-
dilly, was chatgea with demanding and receiving more •for the
porterage of a parcel than allowed by law. The parcel was *-
livered at Thayer-street, glary-la-bonne, and tenpence was charged
forit, which being twopence too much, Mr. Holm* fined the de.
fendant.los. and ordered him to pay the costs.
The porter said the twopence would have been -returned it the
Gentleman who complained had called upon his master.
" It is ridicolouslo expect that trouble would he taken by any
individual," replied Mr. flosmus; "it is your business net to over.
charge."
QC BEN-SQUA RE.
A Gentleman named Williford, residing at Cadegan-street,
Chelsea, gave information of a burglary having been committed In
his house the previous night, when some plate and other property
were carried away. Mr. W. said, that the inhabitants of Chelsea
*eke In a state of great alarm, in consequence of the numerous roll-
belies that bad been committed. They were fearful of going to bed.
lest their hobses should be robbed.
Mr. Worts said, that the Parish ought to appoint active andabie
watchmen, and not a set of invalids, who were appointed to the
situation to keep them out of the workhouse. If any clue could be
obtained.to the discovery of the thieves, the officers should render
every assistance in theic power.
LA Al BETH-STRELT.
A pawnbroker was summoned for receiving more than the legal
Interest front'John' Bettaile ors the redemption of alledge. Bat-
talk stated, that on the 27th of April, 1827, he pledged a watch
wkb the defendant for 51.55. on the '2d instant be applied io re-
diem ft, when he Was charged 15s. for the interest. This; it ap-
peared, wasols. beyond the sum legally due. The defendant did
not deny the charge, but imputed it to the ignorance of his shop.
man. The Magistrate would not admit this excuse, and fined him
51. and costs.