Star.
London, England, 1811-11-13 00:00:00

cosisider how that iillegation-was wale out in the
evidence, ikappeareci, that the-I:Lyon de Montesquieu
had_ actitini offend this_ Or 'sale to two gen-.
•Mr

_ _ :opertyfor __ _ _
fatiethster4lehe e 1 lehortNlAr. lioneites, was a copar-
stetter .and;lo4444:if-ilteldanor) before he offered it to
-Ihirdelendant.. Both these gentleman refused to pur-
'thAsetir bet nce it was. offered to- the defendant. Now
("alibiing/vitt by cro means followed, because these gen-
E.aledien wotildettapptireheag it that-the thing had not
lieteirctin wkilteittivalitexiblels might be ascertained;
het 7t~lid niat appear by any evidence that the delft-
7ehrbeisrat better acquainted with the real vaiut ef the
pioperty than the plaintiff, or that he had any means.
• -ochelog
_better acquainted with it front, what busi-
.. aaiiesehetititcl-dont" for tha•phtintiff as his attorney, br
'bottler matter& It appeared, shalt was not the ele-
-4endtint *lto prapostM .16 'the 'Baron to become the
'lllitarchaidiribitt it warelie Baron who himself mitred
it to the defendant, at the priee‘of. £lOO4 ..and the
r defendant ensitirritwears in his answer, that he
,Lithattirtniefreed that to be its•real- value scrfUllyythat
'if it=it~il bull -offered to him .at SO he Would hate
:ttettted-it, The living was sworn to be now .about
.tlericoa..year ; but other 'witnesses swore they conside-
red that seaseilt2oo alearmere than its teal value, as
'the conpensation for tithes was carried too high. This'.
*case by nb means impossible.; for, although
...pat'sons often accepted less thin the valne of the
tithes to avoid the trouble if taking them in kind ;
'lles there were many instances of -owners and pro-
prietors of giving morethan the real value, ra-
ther
than be trobbled with paying the tithes in kind.l
Altholig's some had calctstated the value of the pro-
perty, at the time it was sold, as.worth 4150 ; yet
there were others who estimated it at only 4150,
making these allowances which appeared to them
reasonable, from the peculiar sircurnstances of this
property. Now, if the real value was but BEI4O, ef
that. whir'

t
.

4

kJ: the clef, iident purchased for £loo,' °even
that smaii undervalue would have induced him to
set askie the sale, if it had been coupled With any
cireilm,tances frand, deception, or imposition, op
the fart Of the defendant. Nu such circumstances,
however, appeared I neither did it appear that the
defendant liad..any more knowledge of the real value
`tot' than the plaintiff The

4( this property _ had. There was
one circum.tinc• , however, which was extremely ir-
regular in this transaction. The-sale was made in
the deeds were executed, and a consideration
of 4100 ackhowledged to have been received by the
plaintiff ; when, in.fact, such consideration had not
been received at that time,' as the defendant's bill of
'costs against him didiliot' then amount to so muZli as
sel(k. No advantage, however, had been taken ef
• this 'irregularity ;- for, on the settlement of accounts,
in 1806, when the bill of costs amounted to £145,
this sun) of 8100 was allowed 45 the purchase-mo.
ney of this property, and no objection was made by
the plaintiff. • It was allowed on:all sides, that the
charges in the defendant's bill of costs were ex-
tremely.reasonable and moderate. However irre-
'gular, therefore, that circumstance was, no frandu,
lent intention could be presumed from it. This pur.
chase did not appear to have at all been considered
as a gift or reward to the attorney in the prosecu-
tion of a law-sn't ; but as a bargain, which appeared
sti b-ah sides-fair at the.time it was offered. Neither

I

did it aPpeir that it was. a property which the de=
fendant had, as an attorney, been employed to sell.
In that case, it would have been his duty to have
real his r.

I

I

~:~.

_ Atty.
ascertained the , value, and informed _ client of tences so worded in a more extensive point of view
• it ; and he therefore would not be allowed to pur- than he had hitherto done. The object of these
:chase it himself at artist undervalue. Under •all licences was to extend and enlarge the commerce and
the circumstances of the case, 'he thought, by the trade of the count, y ; and, in the present state of the
• • allegatnnis c f the plaintiff's b4l, that he was ignn- country, this commerce must with persons in some
rant of the real value, and that the defendant, as his degree .under the controul of France. He wishecls
• attorney, had cognizance -of that teal value, were much, however, these licences were more distinctly
Clot made out in evidence. worded.
• His Lordship therefore dismissed the_plaintiff's. The ATTOISNICY GENzam, observed, the object of
bll, but without costs. the Council in.granting these licences was right ; -but
> the misfortune' was, tne parties wanting licenctes,l
COUaT OrKINGIS BENCH, NOVEMBER Ir. being allowed to draw them up as should suit their
scuttoosn v. VA ox. Own objec s, frequently did it imperfectly.
Mr. Serjeant &s': applied to the Court for a rule Mr: CARR observed, if that wet e the case, the act
-to shew cause -why the verdict for the plaintiff should was their own, and they must answer it.--Rule
' not he set aside, and a nonsuit entered. granted. •
This was a case on a pitlicy of insurance on a 'yes- scacasuftx V. THOMPSON.
so) at and from Itigl to any port or ports in this , This was an action on, a policy of insurance on the.,
country. The vessel was,a Hansburgber, and was ship Elizabeth and Mat y, and cargo, from this coati-.
to have 'brought c- tto this country, but was lost try to Hayti. The ship sailed under licence, to carry
in her passage. 'I objection, upon which the pre- I East India goods to any port or potts in St. Domin-
scot application was made, was founded on the Act . go, except such as were act sally in possesicn uf thee
of the 13th of 'Charles 11. the • Navigation Act, ley french. The licence also stated, that no other,pro-
- 'which it was provided '-thargbods should not be im- perty Shoblel be protected, incase the Elizabeth should
ported into this country but in British ships' or in be detained by-a British ship, except that specified ;
-ships heloncritig to the country of which.. the lading but, if detainedand catried into any port by a Vriqslt
AILS the produce. In this case neither of these tegu- ship of war, notwithstanding such licence, the Cap-
lotions were 'complied with ; the ship bel< nged to tam shattld-be alltsived toe proceed on his voyage, oa,
-1-lamburgh, and the-corn was the produce' f Russia; I putting in bail in the Admiralty Court there. With ,1
'I be:Learned Serjeant 'said, he was..well aware this licence the wise! sailed, having East.lndiagoodsl
elere)tad been some Atts passed relaxing the Navi- on board. In addition- to which, there was 0Ce1191.1
Zat on Act proVi!:ions, and particularly that raftthe des4ble triunity of French claret and Dutch•oheeSes
.Uth ci.:` George iII. but in that Act it was provided onboard. TI e vessel arrived atrSt. Demingo,' and.,
:.that the licence.; should specify the article tobe im- there delivered a grt4 part of liGr cargo, and Iv*
ported. This was not •dine in the presco.t case ; the jwoceediog with.the rest to St. Marie, when.she was{
licence here was, for any ship, not-bearing-the French stopped by the I?dalus sloop of war, and,• on -the
• 24, to import any.goods lawful to ' imparted, ground oT ' -• Ma),
Feet stock-Irbil, Get :oar ' the
tt494'i°n PlOgs'w
RA Wi itch. Ile 'Mir'
09th ,
had *ken hi her
; ***gel t;llterlier
:41.• clsti.kenao*isat
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hietkrlpvirledie
row
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ii_"'"-..._,.
~..- :-.-, 1.4 'VW- skaifeverbeivfoo.ready and watt', to,acksowkika"
thy .gooJs lawful to be imported, ex- I' grOtod di thd:ckar. et and. Ditatz-h ithise-se-;,no"--t ii,Zn.g-,--,-, got -wag Mt his own. The gentleman uarataveltisca 1 Messrs. (.airla sod Co.,avay.l?e cnosultid by pati.nts 4,14
Lip :na n. I:tnen,-and oil, tut no'speti. ; the licettCe, •wits daaained 'at rd . &ken . into .Iblllllhica tor the owner. iti,Nolits.tfsh &intuit' %km) and flavour, at that Woe,
oogs.so be issweed. 4, second -point i•viltec,:t her orgo•viiiielonticd, 'arid saki Ot eanisidewsible. :The Magistrates of Perth and Liverpro!,' have re-' - "*4l-104(nwli , 't'"••" "" b"i"'" 12.1.i.'''
1•,,Al 4y4s,...that new. licence meat to max, )ogN. '• Tho o.44ittlifkabteseght •theit—action agairisothe solved to present , a pet; t ;on to his Roy ,1 .1-1 :4': -nes, WWI* • Ift cznitoisi:BiteDG I; yosm t) Rail
ofSerterrthytkand the thip;relthontlii. thisieesurieertilattd:.-ieinvefedifty•tlit. paw& Min iha'Ptionre Reavyr rayink he yr pld he p 1,2 .1 se It+ . - ....f,.••••!..pr....,..............,.. J(I apaillt a. Oise
i her 'bid d not sail 'fr, m-A;th.:,(*llitigseashisv:ineisoatgeltsiik, •• • I•;,iv • 4, e thiilitnyat:Prociamarion,gohibileing the dis',ll... *wirl!
4.:Tri
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jaitia.S.lll4lC., OW
_
Er ilie: sth. ' , • ,':f` ' 3 lifir, QA Rh )1.411# ilthibilttiiii 'ant the' Tolaintiots 'of Oit4tc-fentivlpi4,llA* ' iiit Viis ant c t retina- '
, it Lopuva, ~,,,,„,:ht,c,jtai,„4:4,,,,...,
lintouott btrutigly zeptObated.tite..4loc. aot • entitled to recover, inasmuch as they beta.ipseti suaccs of the•tkottairy. ' - '1 "*.: ' . • fob' thbere, r-ear.
• S.
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