The Statesman.
London, England, 1822-02-18 00:00:00

COURT OF COMMON PLEAS, Fm.lt

Billings at Westminster before the Cuter Jurrics and
Common Juries.

•OLDINO C. NHYU.
Mr. Serjeast l'af.t. stated that this was an action
tronght by the indorser of a bill of exchange against
the acceptor, to recover 161 L 31 6d. being the amount
of the bill. The Learned Serjeant having called a
witness, who proved the acceptance and Indorsement,
said that he bad closed his ease.
Mr. Setjeant VAIiGIIAN, for the defendant, then ad•
dressed the Jury. His Learned Brother had coast/tied
himself, as seas usual in actions on bills of exchange,
with proving a prime facie case, by shewing the se-
mi Indorsement under which the plaintiff
The circumstances of this case were pecu-
tisfeadant expected to be able to strew
that this claim coeld not be supported
• was a wine merchant, end had accepted

Ibis bill firs &Masi frosiblui to 01111Prelistt,

was engaged is the same helmets. Probst; bad is-
dorsed the bill to William Hiidiot, tie brother enbe
plaistiff, (likewise s wise-merchant). together with
several others, just after he bad committed as act of
bankreptoy. William Probatt subsequently indorsed
the bill to his brother, and bad shoe become bank-
rupt himself. Prelates assignees bad maintained as
action against the present defendant los this bill, and
bad recovered the amount from him ; and all the cir-
cumstances, therefore, be submitted there mast be a
verdict'for the defendant.
Mr. Duke, managing clerk to Messrs. Waimea sad
Co. solicitors, put in a record from the Court of Kist's
Bench, by whist's it appeared that Saamiersos and
another, assigams of Probatt, a bankrupt, had reco-
vered 161 f. 3s. 6d. against the present defendant, in as
action for goods sold and delivered, and on au access'
stated together with their costs, 'sc." He was tires
required to predate the proceedings seder Probates
bankruptcy, to which he objected. sot for the purpose
of throwing any impediment is the way of either
party, but merely to protect the interest of the as
si gases.
Mr Serjeant Vsuonax submitted that the record
and judgment was saal is their favour, and that their
lip t t could not be affected by the production of the

proceedings.
Mr. Serjeant PILL contended that the production of
these proceedings might be very hurtful to the la-
terests of Probatt's assignees, for if they wee, Ow
dated, be (the Learned Serjeant) should feel it Isis
duty to canvass them very minutely, and, if poadik,
to overthrow the commission, and thus render dime
gentlemen liable to various actions, as !mein weari-
fully and illegally assumed the character of assignees.
• Lord Chief Justice DALLAS said, that although the
Learned Serjeants had been acting irregularly in sr-
going the question, the objection being taken by the
party himself, yet he was glad it had been argued ;
for enough appeared to chew that the production of
these proceedings might be very detrimental to the lo-
terms of the assignees. He should, therefore, refuse
to compel the witness to produce them, hut would re-
serve the point fir the consideration of the Court.
A considerable body of evidence was then. adduced.
to prove by implication, that the verdict recovered was
fur the amount of this bill.
Probed. the bankrupt, was then called, who swore
that when about to become a bankrupt, he had gives
this bill, together with several others, to Wm. Hold-
ing, to protect himself, and that Wm. Holding had
given him no consideration for the bill. On cross-
examination. he stated, that two years had elapsed
since his first imprisonment in the King's Bench, for
debt—that a few months after he went there, be was
sent for Italia year to Brixton Gaol, having bee., as
he ',stria, falsely convicted of stealing mosey out of
a till. The case for the defendant being closed,
Wm. Holding was called in reply by the plaintiff:
-be deposed that on the Ist of October, 1818, lis.bro-
ther (the plaintiff) came to him as a 'cleric, nailer a
verbal agreement to receive 2001.njes, inirsere
'bat witness having at the end of this first year of his
brother's service only paid him 251., this bill was es-
dorsed to bim for a part of the salary then due.
Mr. Serjeant VAUGHAN commented en the evidences
observing, that he bad tainted theeonsideration or Ai
bill, and that the plaintiff had entirely (ailkmpseeving•
himself to be entitled to a verdict. ' •
Mr. Strjeant Pair. contended, that 1,4' LArneal
brother was mistaken in saying that the plaintiff bad
failed, fur who was there that would not sooner believe
the testimony of W. Holding, than that of one, who.
on his own shewing, was a convicted felon? lie ob-
served on the improbability of the plaintiff's having
ever paid the bill, as it was contrary to all rules of
business, as well as law, to permit a bill, which had
been satisfied by the acceptor, to remain in the bands
of the indorsee.
Lord Chief Justice DALLAS summed up the evidence
with great impartiality, and tbe Jury, after a quarter
of an hour's deliberation, returned a verdict fur the
defendant.

COURT OF SESSION SCOTLAND.-FIRST
DIVISION.

-.Ow--
ROMAN CATHOLICS.

RAILLIR *MD *TRIMS O. MORRISON.
On Tuesday the Court decided a ease of some im-
portance, and of considerable siegulailty at the present
time.
Mr. Fraser, of Loam, 'crams of various parishes
in laterite's-shire. Me is a minor and abroad. Be-
fore his departure he executed a commission, with can-
not of his elicitors, le favour of a protestant gentle.
man, empowering ads cemmissioner, inter alia, to pre-
sent to church Heir's, in case of vacancies during
Lovat's absence. Au opening happened in the parish
of Kiltarlity, and the commissioner presented. The
Presbytery received the preseetatlon, and were pro-
ceeding as the intimation of the presentee, when cer-
tain parishioostanpplied-ferd Banner ItilirMetinfthe
plea that the pneumatic.o was substantially Lovat's
presentation, sad that Lovat "is a Papist, sad ex-
cluded, byelaw°, from presenting to parish churches
unless he purged himself of Popery, by taking the
formula prescribed by the Acr 1700 ch. 3."
Various proceedings followed, and the Court having
considered the case on memorials, directed a pleading
by counsel for The report of the Lord Probationer, as
part of his trials for.:tdmission: The case was accord-
ingly decided in this form.
The Commissioner for Levat objected, lat. to the
competency of the action in the shape it nas'brottgbt;
My, to the title of the cemplainers--contendieg,
that the parishioners, haring no right to the patron-
age themselves, had consequently no title to distarb
tbe exercise of that patronage in a country where
midsr actions are not admitted; and, Illy, it was
objected to the entire substance of the compialiers'
plea, inasmuch as the act of Queen Ann against Pa-
pists strikes only at the case of a presentation
"signed by the Catholic patron," which this was
not'; and Is in the case of the patron's refaial to take
the formula, " the same being tendered to him by a
Magistrate," which had nothappeited here. It was
maintained, that here wasat'peserdhqealification, and
diet reitthrers cannot be emended beyond their very
letter, eiditif It wire expedient tb refire the old and
expiriug penalties Whist his Majesty's Catholic sub-
leas, at this period if 'time. • '
'on thelother parishioners, Ist, defended
the eenipetenay dad" tigelant) preitidlikler

I

wily, they insisted that. merely a parisbloaera,
wen *milled to latertere;Whigs the ado,. 4
spirltital are Was la% duager ;" ad 3417.
ataHa st iarg they amended. that the patron
gone. circuitously and untialably. !eq. do,
' Width it wit Aisitted that he meld bit do diffidl
'the legal di aalik.tioi applied.
' Thit Coofit on a fun lack sestaleed the ramp.
;anti of the process; but (with ibe single direntint
`voice of Lord Smooth) they feud tint the eappillo-
lag parribleaen bad so tide I, iMiden is a matter
et civil tight, Is which they bed at; patrimnial la-
teens whatever; that the statute of Que. Ames. gave
Ale right of peonage te the Crewe. la the 'neat of
a forfeiture of Its exercise le impel of the religin
of Its riper patron; and that mere parishioners,
however entitled to complain t• a Presbytery *a the
score of a ssieister's relmomiact or sadness. lave me
title to dispute the gentles of patronage in a dell
Court. This &dein misdeal it unnecessary. mit
indeed lanutpetent, so decide** titeobjection feuded'
on the statute.

/AMU annoy, MK v. CM WILLIAM BAR AND WIIIIIIS. I
A petitioa bevies bees massed for the defenders
in this males against the WierWSW, of Lord Alla.
way, remitting the came to the Jury Court, the Same
was advised by the Court, with auwers for Mr. Gib-
son, when theic Lordships reflood the petition as in-
competwai.
nemem
COURT OF KING'S GRECO, Maus, Fan. I.
DANK!. COWMAN, UQ. PLAIINTIFI P. small. LI.
COMMIS LIIVIANCI COWFAXT.
la this Ma affiloation was made to the Court to
set aside a verdict for 1,5001. obtained spied the
defeadaats at the last u7ises et Cork.
The origin-sal sedesmu brought to recover the
shave mamas of policy of assurance, effected •D the
life of tiro Rev. Stephea Doalevie, sad the pleas of
the defendants were—let. That the said S.•Dosilevie
was not as insurable lift; sad idly; a want of laterest
in the phastit Is glvieg evidence ea the first of
them poises at the trial, it was confuted by the
Cosesel for the Aesnraace Company, that the practice
of the Court, which is`tht law of the Court, was
lefriaged open and violated; at.the Learned Judge
permitted the plaintiff to go into a second line of
'ridges, bakes the primary case closes'. Part of
the evidenniie mastitis the fact, that Stephen Donk.
vie was al IlMecable life at the time of effectine
said Asestuneit; Was gives In before, and part after
the avid alt of the delendsets to establish she
contrary imftimi. It was ineambeat oe the
plaintiff he Wilily to the plea Nil debut, to piss*
on the teed if his declaratlea every thing material,
and to iftletantiate fully and in detail, each aver.
meat of the declaration. he support of this view.
i'ldd's Practice was cited. 211 Snaky, Rees and
'The sewed grosod ea which a new trial was
sought for wee, the misdirection is the charge of
'tig_Leaumd Jeep, who would net permit the Rug.
11411-Aist. 14'Parliameeteif the 14th Geo. 111. c. 48.
to go as @iridium to thsf Jay. A copy of this Act
Was produced at the trio! by defeadaat's Counsel. The
introdeadoa of it was that resisted by Counsel for
the
.pielietiff, trio hesisted; Milo although the Seal
of the, Corporation was &Axed is Loudon, yet the
oammsalettloa of the usenet did net take place
until the delivery of the policy sod payment of the
pritudam, which having bees admitted by the de.
Almeduts to have been is the city of Cork, that.
therefore, it was as Irish coutract, aid net subject
to the clauses of as Rein& Act of Parliament.
lit the application for a mew trial, it was stated
to the Court, that they only claimed the Work of
the Act of Parliament as evidence, which bad to
studs a material part of their cue. Prom the
admissies that sloe Seal of the Corporation was affixed
thereto in London, it was evident that the contract
.ttas made with reference to the English Act of Par-
liament, and that Aet was material for the defend.
eats to adduce in evidence, to 'thew the violation
of the artriemeata of the contract oa the part
of the plaintiff. After a long discussion, and
a display of mach ingenuity on both sides, the
Curt was ananimusly of opinion that the Eaglish
Act of Parliament should have hoes admitted at
oviduct, on the trial, and was pleased accordingly to
eat aside the verdict, aid great the application for
a new trial.

-b.) deilul ter a
belie erne try, with tae ease Intent: •
The two defendants hid already ernigtate4, ime
(Robin's) to Ghost, and the other to 'usher pan of
the Notherlastie. wheal they retained a short tick
ekes to Stockport. as fetch their wives it'd ehriit6.
Birch followed them. however. to Loaden, as tii
were on their way bash to the Netherlands, asd teak
theta into easterly. ander a warrant front a Mid.fina
Magistrate.

The 'Wendish' did Dot attempt to deny that they
bad been and were going again to the Nether!soda to
work at their trade, hat they were samscioes of doing
wrong.
Mr. Mtwoutru. said be should sot investigate the
twitter, although the statute gave him pewit to Ile as,
bet should mid Shom beck to Stockport, who, he
►ad se doubt the Magistrates would do them egeg
jostles.
Boluses wood my indignant at his arrest, aid
NM be thought it very ►ard that a man was sot to h.
jobreilited to do the hest be could for himself alit
Mr. Mtwatavt.t. said It certainly did seem hard is.
dlvi sally, bat if the praetice were permitted, it rac
IN doe throw thousauds of his fellow-ortizaus oat et
employment, and Imam eventually a national `rive•
sees. Men like him ought to know that, and to ea.
older what evils they were preparing for a fatare de.
aeration. la order that they might aot again pled
lemma, he woold have the Act of Parliament rod
to t►em.

This was done by one of the clerks, and the deka.
sots were then delivered over to Birch, to in coneyed
to Stockport.
Harrox-Oaavate.--Setnrday E. Oldstoek, n.,.
!Alight, and Moo. Lloyd, Jon rneymea bakers, is he
employ of Howe. a cheep baker, in Picket-stnet,
Temple-bar, were brought ep on a warrant, in the
custody of a large posse of officers and timetables,
then separate charges of assaulting and beating Joke
Biers, Wm. Thlselten, and Wm. Brown Edwards,
whoa in the executioa of their duty. loforrestin
being rice. on oath at this office, that a qaaathy of
pearlasb, sal ammoniac, or alum, were oo the peemirto
of Howe, a warrant was issued, and Thiseina hill 24
.
wards, accompanied by Biers, were ispietsd Ist t
in execution. On their en•eriag the Asp, Me trap
door which opened into the bakehouse ben; oyes
Biers and Tbiselton descended, Edwards remaisiegit
the shop: the *loran wee given from the shop to tie
three prisoners, who were at work in the bakebeete,
the dap of the tray was iestaetly eland, and the ligio
extinguished, when the prisoner Oldstock knocked
down Biers, and attempted to 'teases him. Thiene
went to his assistance, and was hooked down by he
prisoner Lloyd. and whilst the four were engaged,
Height struck Thiselton on the back of the neck. Tie
noise of the male brought Edwards to their assim
sues, when be was also ft socked down. The printer
Oldstock armed himself with a heavy into poker. aid
=sok a blow at ern of the officers. but was happily
revealed from striking. The prisoners wen tow
witted. with orders to give 24 boors notice of bail.

On Thursday night sense thieves broke isle tie
Qeses's Head public-house, sad carried off sash sad
plate to the amount of 2001. One carious circamstaace
encoded the above robbery ; the landlady bad, by
way of security. placed a bag, containiag a qesatity
of silver. betweee two beds for safety, which the rob-
bers thought fit to remove.
Wears, ea.—With the few exceptions stated below,this
week has been uncommonly fine for the season. The
weather has not only been remarkably mild. but several
of the days have been brilliant. The quantity of rain
fallen since this day ae'nnight is only 15 hundredths of
an inch. Strand, Feb. 16.

TH NNNNN Writ.
8 i 1 11 gaaorrrn.
o'clock.' o'clock. at night
Feb. I----,
Ilk b.... 47 63 48 ' 29,83 Fair
It, M.... 41 47 46 30.07 Fair
11, T.... 38 42 39 46 Foggy
13, W.... 38 60 43 ,I 6 Fair
14, Th.... 43 46 41 ,12 Closely
13, F..... 41 63 47 ,14 Fel,
16, 14.... 39 46 — ,46 Fair

THE SPECTRE BARBER!
Or, SLEEP WALKER.
Two Travellers chatted at an ion to alight,
10 BOOTS one array'd. like two mirrors so bright,
By Wsaiart's Roe Jet, of unparallerd hoe,
Reflecting minutely each object to view.—
The other a Yeoman, who never till now
His image had seen to a Boot. sad the Atm
The vision came there--what it was—and from whence,
Were questions to solve that distracted each sense.
So Hedge went to bed—and, the Jet.iodgieg Sprit*
To keep Prom his room, beret a taper all night
The bell had told one, and the light it burnt blue,
Whet, glided athwart the apartment and drew
The Ironton's bed-curtains, a Spectre—that seem'd
The ghost of a barber,—ln one hand there gleam ti
A razor aid soap-hoz,--as if in pursuit
Of custom,—We other sestain'd a bright Boor !
" The Sprite of the Jet!" cried the Yeoman dlsstYl
lu tonsorahip skill while the Phantom display'd,
And Hodge's shock head, of exuberant hair,
And black stubble beard, where shore barren sad bare.

Thotoi stifled tiorber iheo posed frogs the room

And Hodge, now inrote'd in deipondeney's gloom.
Appruaeled the bright Ileac by the Spectre there kit,
Where skiving his pate of its honors bereft,
In wrath sought the Amateur great, aoappaird,
And saw that his bead, like his own, was quite bee
•• How's Oast HIM TUE DEVIL DEL% SRLIING 115
WASTE. V'
ITe asked—when the Landlord explain'd the disaster:
A WAITER TRY &CT MID PEEPOIIII'D IN lIIS SLEW-.
Then anger subsided, and mirth was sot lacking,

Creative of incident still while they keep
Their zenith, the visions of W ''s Jet illaelting.
This Easy Shining and Brilliant AL ACK I :44 1, is Prepared by
ROBERT W %/MEN,
30, STRAND, LONDON; end sold in every Town is the
kingdom.
LIQLID. in Bottles, 6d. Md. ltd. end ISd. each. Also
PASTIL BLACKING. in Pots, 6d. ltd. and 181. each. S. Steil•
ling Put of Paste is Kind to Your Is. Bottles of Liquid.
Ask for W 's BLACKING.

OtED.
On Ritnrilay last. Wu. shrob,ole Cunlire, son of Mr. R.
Coslife, Pirk-otreet, blington.

London : Edited, Printed, and Published at the Ogee
'• To a 8-taeirr are" and Toe CONSTITUTION"(SSIIAS
• rte.
PaP")•*l4lß°. la 4. gonad. epposit. a. Closest CM
by R. WARDLIGJA.R..b whom Contoesiritio"
Orders, dic. aro revisal* 1 to be ail:reseal.

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F. Wei Slime of else SA Ilse. I. cap. *7. Tlity, 46
firtlin charged with ignia atria to titpes t,„