The Statesman.
London, England, 1819-04-24 00:00:00

LAW INTRI.LIGENCK.

COURT OF CHANCERY. Anin.2l.
The Lord Chancellor was prevented, by indisposi-
tion, from attending tb. Court this morning.

V/11.-CHANCRI LOB'S COURT, Annan
lunation tr.
Mr. /Int. stated that edits rase originated in a bill,
bled by the Plaintiff on the 21.1 s of May, 1815, to
rnrepel the Defendant to pren•m a contract. entered
loin by her nn the 28th of September, 1813. In
1813, the Plaintiff had agreed to sell to the Defend.
ant a freeltnid estate, of 58 acres, 12 perches, lying
11•11 Watford, fru the sum of 48501. ; in the covenants
of which egreoseent, it was atipelated that the De.
ferriant they'd pay one half the money immediately,
and that the other half was to remain as a mortgage
on the prs petty. The Defendant entered into pos.
sesainn in January, 1814, and continued from that
time to occupy II e premises; during which Interval,
she committed urines acts of ownership, each es
cutting down trove, ploughing pastern and meadow
erecting several buildings, &c. She refused,
however, to perform the contract, notwithstanding
warbles abstracts of the title bad been given to her,
alleging that no auficient title had been made out by
Ike Plaintiff. In ate origins% agreement, it was
stated ibis the sons of 21. 84. was paid 'eery your in
lien of assail *Amend one of the reasons for refusal,
adduced by the Defendant, was, that since that time
a demand for tithes was now made by the Clergymen.
Ile contended that she was boned to pay the amount
of the purchase money, as .be had, by these various
acts of waste, accepted the ownership of the estate.
The ploegklng of pastors land to the amount of 20
Beres in an small a farm was certainly a waste, as
was the felling of the trees, and the erection of baild.
The VICII•CMANCIELLOR engoind io what county
the estate was skeet,, as, according to the practice
of some counties, such lands (night be ploagbed, af-
ter keying continued 10 sr 12 years io a slate of pas.
Wage?
Mr. Dug replied. that it lay its Northamptonshire.
The Defendant always declined to pay the money,
yet why bad she performed acts which completely I
proved she bad accepted the ownership of the pro.
putt,.
. . .

The VICE CllANCtl.tOlt wished to know if the
prevent orcepsncy was net possession by consent.—
The arts could net be addeced es acts compelling the
Defendent to retain the estate, if they were done
with ILe privity and consent of the Plaintiff.
Mr. /la u-r, for the Defendant, said, that the car.
er.pandelice tarried on between the Plaintiff's agent
for 111. %aloof the ptnperty and the Defendant, peeved
that tie felling of the limber was done by his consent.
The boi:dings sere certah,ly not an injury to the
pryn.kes. Since the ruts of the case were published,
the Clergyman bed sued for the tither, which, sc.
cording to the agreement with the Plaintiff, were each
year paid by the sum of SI. Bs. Verities abstracts,
it was tele, were gieru by the Defendant, bet not
one of them was satisfactory. The Defendant woe
willing to pay dissonant of the perches. w!‘en a
good title was given le bet. With 'septet to the
ploughing of the posture lend, it could be proved that
the Pleinttff was privy end consented to It.
The Vict-CHAncst.t.un considered 't essential to
the jesiice of the caw, thus it should be sent to the
Master for an enquiry respecting the acts of owner.
ship committed by the Defendant; and whether the
l'lsintiff had either consented to such acts before
their performance, or subsequently, with liberty
also to the Master, to stele any special circles-
MOM.

Mr. BILL enquired whether the Defendant noalst
not to be obliged to pay the stoma of the money
ban Coort ?
Tho litcx-Cwincrt.t.on was of opinion, that It
was contrary to the usual form to make such an order
without a motion to that wises*.
Mr. Bast. then mid, that M woold afterwards ap.
ply to the Cosa by motion.

COURT OF KING'S BKNCII. Aram W.
HUNTER V. NIT.

In this case, s role had been obteieed fee a 1110111
trial, ender the following circumstances:—The De.
fendant had c►artered a ship beloogiug to the Male-
tiff. The vessel in the charter-party was described'
as of the bertheo of 261 tons, or there sheet. She
was to take a cargo not, and te retu►n wit► a cargo
of oreffes and Ingisood, •hich the Defendant en.
Mid to put on board, and the Plaintiff to take a
fall and complete cargo. The vessel returned with a
lading of 461 tons of coffee and logwood; but it,ap.
peared she would with the greatest convenience have
taken in 400 teas of these ankles; sad the Plaintiff
now insisted, that he was entitled to freight for test
amount. The Defendant resisted pat meat for mete
than 461 tone, on the grounds of the description of
the vessel, as set forth in the ebsrter•party. The
ligation for the consideration of the Coen was,
%Wier, coder the terms of the charter-piny, near-
ly, " roll and complete erten," the Plaintiff was not
bound to receive, sad the DefindAnt to put on board,
or pay freight for es rainy tons as the vessel could
with safety and convenience carry. •
The COURT, after hearing arguments on bath
sides, decided in f f the Plaintiff. Here was
sea imputation of fraud on the part of the Plaintiff.—
The burthen of the vessel was deseribed in the char-
ter.party by measurement. The number of toss she
would take on board depended entirely en the speci•
6c gravity and busk of the rnmtundily, and could
never be aceerately ascertained by the berthas of the
vessel. The Defendant had an opportunity of seeing
the yeti', in question Nevinss to her quitting the
ref of London, end must have known that she
would receive more then YG I tons of coffee and log.
wood, though she would lint have received that quo.
lily of light commodity. Ile engaged to pet a fell
and complete cargo on board. It now appeared, she
would have conveniently received 400 tons, sod for
that •mount the Plaintiff was entitled to freight.
Verdict for this Plaintiff—Damages, as laid in the
declaration, 9181. 18s.

SERIRANTS 1101•IIALL. Aram ft.
PRY AND HUNTER.
Ito loss on action tiled Wore the Chief Joarter at
C .dhall, Landon', In water a sum of 9181. for
fr• Wart of a car' of lev9od aut! eoliee, frcm

the West Indies to London. on board • vessel of
400 tons berths., of which the riolailif tree owner.
The vessel was chortered by the Defendant, for a
fell cargo homewards; bet she was described in the
charter.porty as a ship of 261 tons harshen. It was
contended at the trial for the Plaintiff, that the ship
was competent to bring home • cargo of 400 tons,
and hi. engagement was fora foil freight ; whereas
that which he received was only 261 tons, a•d these-
fore he brought his action to recover for • fell cargo;
and • verdict was taken for the Defendant, subject to
a cove to be argued before all the Jodie&
Mr. FRED•atca Psmoca this Joy showed coon
for the Defendant, why the Verdict (night to be sot
aside or entered for the Defendant.

The Court. however, were of opinion, that the
definition of the ship's harshen in the eharter.porty.
in this use, was of no importance. The tonnage of
vessels •ere generally competed by messoretneot ;

and although in that way, this ship might' not be
'deviate to a larger freight than 261 tuns of light
goods; yet it appeared, she was able to carry WO
tons of the kind of goods she brought hose, being
of greater specific gravity. rho charter was for a
full nrgo, which the Captain was ready to bring
home. Bet if the Defendant's orients at the foreign
pert failed In furnish Ike fall freight, the Plaiatiff
might not In lose the onstage of his eagagemeal.—
The verdict for the Plaintiff was therefore coeiroved.

MIDDLESEX SESSIONS.

--~-

James &earning. who is about eight years old,
was indicted for hosing stolen a waistcoat which ►egg
to dry on a line in a yard.
T►e Prisoner was seen in she yard, bet how ►e
tot into it without having climbed or been lifted weer
t►e wall, nobody could tell ; he bard the waistcoat
my snugly ender his pin-afore, and ea being gees-
tioued„ wooed wholly enconscinas of eny
He told a pitiful tale about his amber's death, every
word of which ass false.

The olker she was applied to en the occasion,
sold, that the boy's mother had assured the Monis.
trate before whew the examination was bold, that her
son •as devoted to thieving from the moment he was
able to walk, and that she had laboured incessantly
to current the propensity. lie, however, contiested
the praetice,sed avoided every body alto shooed a•
inclination to serve him.

The little wretch acknowledged that lie bad ran
' away from all who offered him protectloa, and that he
pitied a livelihood by thieving aloof. lie was, be said,
is the habit ageing ea with • man named Williams,
every evening, for the purpose of seeing what was to
he degassing/ the mashawomee, and was portico.
lady regeged on Fridays in plundering that class,
who wars always busy in getting their washing op at
the end of the week. It was the costae with him
he said, to get Williams to left him ever the walls,
from which he found it no difficult matter to get hold
of the lines across she yards, sod strip them of the
linen. which he and Williams weed to the best ed-
al new.
Upon oakum enquiry at the piece where the boy
said be and Williams lodged, the officer friend that
there was no such person es the latter, and that the
formatted not Been seen with soy companion.

.
The Jury found hist frilly, and be was sentenced
to be congaed three sleuths, and well dogged in pi-
atm. He was *either sleeted at bearisg the verdict
nor the sentence, and walked hoes the bar quite so-
concerned.