The Statesman.
London, England, 1813-07-30 00:00:00

tvhidh was 'carried bd. with
more di timer *mild be fakir*,
Witneenes *et! then akintil to teptiork the 10114;•••••

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1 • denominated--time out of mind in law—Which is 11• vessel, which he . .- aratitigises was cast away orb. baths of this litebsii sees tiled), proved, and the
spited to the return of Kiug Richard I. from the Oil- and lost. . check for 60011 Which *as paid to Defendant for it,
. sadea or holy War. Lord Ett..visoaovolt pit it pointedly to the oat produced. . . . ..
~
The estates in question are situated in Hertford- Captain, to my uheiher he had any object in cons . The Clerk front the Secretary of State's Office
shire, and were granted or applied to divers chatita- diming so long at Antigua, and in going himself to• Ives then called fo pr'ete, that the teennd license
Me uses immemorially. ' - Cuadaloupe, besides the wish of endeavouring to-lhid been issued under 4 mistaite. Ire.aos enabled
The distribution of the property was under the .dispoee of the bricks and lime, when he again stated ito state, that such a Metals
_bads by; ionie Nadi
will df the donor, granting the additional endow.. , that Ms "..kject W 44 to get a freight, and to endeavor 1 vertency, been Witted, -bbt he could not say .that it
went in the following ratio—two thirds to the OS I.to dispnse of the bricks end lithe. had trees given into the kande of Tullock, the Des
and nusintettance of the master and usher in succet- Hie Lordship en this observed, that he had no=right . fondant, , - • .1(614 •atil
slots for ever—the remaining third to be appropriated to mix the causes. This was a deviation: 1- Mr;Serjearit Set ititan contras t abledithe
to the disbursement, of all taacei rates, &c. that 1 Mr.
.Sc.satrre, for the Defendant, contended, license Was proved to have reached {be hinds of 'Pd.
should be demandable from the second third, &C. • that on the. game principle :the vessel in question lock the evidence sitti detective.
....
the surplus of such third part to be distributed for . might hate been carried with a few hundred brick. Lord Chief Justice Mansrtzte strAct to this avg.
the relief of the indigent poor of Berkn ,amptesd. .on board through the whole range of the West India gestion;_.
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It was found by the Lords Commissioners, that .
Islands, till sock time as tie Captain could procure Audit-. Sergeant BUT was about to tall dthei
are appointed to investigate this and all other,chari. .41-freight home, and all this at the risk of the under. witnesses to prbie this fitt more clearly,. When it
table,bistiturieos threaghoet England, in the teignietviters. •
. • was proposed, on the pert a the Defendent; to pe7
of_ 'K.,.i %AMU yiLL that thi freehertay awl bee* lantla, l'ir.,iiiav- itwogi;ippci; offer re. fcriing to a case back the SOOt. isliCk. hid blots resolved foe Oh It.
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abused, eren.frosn its foundation,. 'whereupon letters '. ir)iieh had been decided between twenty and thirty -cense. •
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Intent and in Act of Patiiament wale passed, pita *Jaitta.kga,, where, agreed .s..
lira West' India'voyage, the ship 'Tide tfiggesiloti Was td' on the wit ef the
patent . . . ..
taming regulations foi :the better management ead.jsecf,been. detained by the shifting and re-shifting of Plaintiff; the 60b1. was paid in ‘eurt, end a itnitik
application of the fundi. . .. ...Ts:orgies, •asid in which it was held that the assured was given for Plaintiff.
It was found that, in despite of suck . - ...•
!egallloll.4. ere out .entitled, at the risk or the underwriters; , Damages—One Shilling. : . , .
and Act of Parliament,. the abuse and misapplictiums °convert the; 'WO into left it to the
;. . ;Jr , I warehouses, WALKER V. GUMMI AND 0111Rit4.
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I continued, insomuch. that it became necessary to fibs ury to say, if, after° having, in the course of three This was an action brought for the purpose of re.
a bill in this Court, Whin LerdThurlow was Chan. :Weeks. disposed of the valuable part of the cargo, covering a valuable quantity of flat, of winch the De-
cellos., for. renal. whereupon a reference was made . the Captain could be supposed to have any fair fondant; we're represented to have possesiet_t_them.
to a Kaster, in Chancery, direCting him. to enquire i rpose tonnectad.
'with 'the objects of the voyage i selves as assignees of the bankrupt estate df William
into, and report 'Pots the state of the Institution. ' *
ederwritten by :the policy In question, in staying' Sharpe and Co. . .
IHy the Report made in 1794, it appeared that this • ; long at Antignavins account of the seven or eight 1 William Sharpe was called', who deposed; thit.is
same radical abuseand misapplication were continued . . ousand bricks. He had no right to mix up !or about the 10th day of September, 1812, .be hap.
to an •extreme degree, insomuch that the indigent . 'cruses for remaining so long there, and to make the ! pened to meet with a Gentleman of the name of Jas.
poor did not receive one farthing from surplus of 4 uideceritera. liable, tit corottquenro °rigs oseratayr 1 ble.ckenzie`fn: the Hassle Walk, in the Royal &-
'
third. '.The same having been reported not adecteate".for purposes foreign to the aaventute underwritten- chauge, andtbey immediately entered into converse.
Itp defray the incumbrances affecting the two-thirds 's l- them. Lion concerning some Oa; which hlackensie at that
.
I.which remained, shared between the master and the The Jury immediately fond, d ter the Defendant. period had in his possession. In I previous Consulta-
Usher, the 'latter taking one-third, and the former , • lion aboet this flax the witness had offered ifte pro-
'the two-thirds of profits, in their increased and sc. 'la c. Praetor and his brother 781. per, ton: for it, which
1 ...r. oatataist opened the pffsadfne_ in this case,
' cumulated state.
lOW lin followed on the tali* side by Mr. PARK. 1. had been refused, and they took this opportunity of
Although, wonderful to relate,. they hate fever 1 ,It was as action on a Polley of Insurance on the *churning the discourse. upon that subject& An ollcr
since, nor now, one single pupil, rich or: Port t° slip Preston, at and from Trinidad to London.— I was then made of 801. per ton, which was Imme.
instruct, contending that they are entitled to pulsate .
1 The vessel originally sailed fseai this port to Co-' dfately accepted, and the purchase was declared to
the large income, merely because they, litre rust%e -their t
from Corunna to Newtoondland, and from :be duly made, foe•lVLackensie. represented that he
• predecessors, now are and have' ready on the I•tfewfOundlend to Trinidad, in all of which voyages.: wis "it'd." to eart with it, and- from. the silo.:
' spot to give instructions, if-any pupils should at-purchase the %Wiwi, f nssidered him.
I she bad been in part underwritten by the present 'matt of:, the
tend tern. The present • bill charged the receiverlaefendant. Shat sailed on the voyage in question, self to be the proprietOr of the Bac. • Of this !sir.
appointed by the Court with having made several ,
Ost the 13th of October, proceeding from Trinidad to ; gain he bad made no entry, nor were any. minutes
' leases' for'lives, or thirty-one leases, partly for fines, St;Thonsas's to join convoy. From St. Thome tn
Thomas's of the purchase made out. Under these circu.
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with small rents, and partly for .rack-rents, but . shehe put the flax immediately into the hands
proceeded on her voyage home, under convoy oritancel4
without paying into Court, as the former decree di. Of Mr. Wakir, to self; and the nettle of Shatips
,en e the ' ve and Scorpion, the 15th of October.
rected, any part of the :minim arising from such fines , Being a slow sailing vessel,. insolvent on the 234 of September.
however, and a signal I antea.,hricaate
, and rents, so that theformer order of Lord ThurlowOn the pirforilie Defendants,. Mr. games being Made to the sternmost Vessels of which .shel
9
Mac-
became nugatory.
It farther appeared,i was one, to make more sakes there were privateer& ; kends !midst eorreinferaf qii right- to .'the flax in
up question was Calleris a witness. This gentleman
that a sum not amuuuting to i Mitering about, she iies-foiceA. in order to keep
leis than 50001. of net funds remained now in the with the convoy, to carry such epress of sail as it represented that he bid never idid thisll as to Wil-
Receiver's hands, er withiwhis power to collect, of Gain Sharpe, Or to any of house, noVitadhekeee-
-- i was supposed had overstretched the vessel, and'
which he admitted, being id Court,-that he had ac- i made any agreement with one or any 'of them Ob.
caused her to make so much water, that the Captain
tually received a sum of betweedawo and three thou: cerning the disposal M the An at:Whiner toe.--
sand it prudent to throw out a signal of distress.— .
sand pounds. It was 'charged also against the Re- The Sharpm were employed merely as brokers{ and
Assistance was accordingly lent him, but upon a
ceiver, that he had granted leases of some of the he remembered a conversation between himself and
survey of the vessel the Commodore gave -orders for
lands to same of the Trustees ortheir friends, through her being '
set fire to, that she might not .into te,
the influence of such Trustees) and that fie bad not
hands of the enemy. : the 14th day of September, whets he was infOrmed it
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by his answer, satisfactorily accounted for the con.
.The defence set'up was, a want of sta worthiness,! was worth no more than 7M. pet tons Scion which
siderations received by him for such leases, but which and Mr. Slater, the Master of the Scorpion, and Mr. he went and examined the flax to ascertain if the as-
lb. now submitted to comply with. seition was well founded. In all other iklei heiweert
Adis, Lieutenant of that vessel, concurred in think- .
It was pressed by the Petitioner's Counsel, that he himself and Sharpe, it was usual that notes of the
lug that she wait not sufficiently found its her rig- .
should yield such compliances, accompanied with a • i purchases were made'odt, bet in this pretended pur-
I . ging.
C
full and satisfactory affidavit, which created a kind. chase no note had ever been handed to him, nor had
Two persons, however, who had surveyed her in
1 of interlocutory argument et the Bar. any accounts of the sale been tendered,' Indeed, ha
this.country, and one of whom was a part insurer of
The LORD CHANciu.oa desired the affidavit to be the vessel, declared her to be perfectly sound, and to . had never heard that any such sale was fepreseuted
produced, and expressed himself in terms of strongto have occurred till he heard it from the ripe of Mr.
have been in a.coudition to-have made a voyage to .
. indignation upon this most shamefal perversion and' the East Indies and back. The Captain and crew Sharpe himself in the witness's: boi.ie.day.. `He
gross abuse of the Charity, that, shocking to relate, the flax hid been pledged hi...She:pa t•
also, it appeared, when they heard that she was con• learned thaf
had never yielded any of the benefits intended, ex. Attuned to be set on fire, begged to be allowed to , the Plaintiff on the 22d of Septensher:* . ....,
cept to the Master and Usher. * take •her back to. tboWest Indies, offering them-; Such being the circumstancesproCrat. by tlie.. itif.
His Lordship dictated a most extensive and critical. selves to undertake to do so without any assist.; nefiftch un both tidos, . •• .. .: . .
reference to be made to the Master, for enquiring in- Imre. i The Loan Cant Juststt proceeded to sea up
to, minutely and specially, the various abuses and' Lord Eti.exeoaoran left the case with the Jury, . the evidence to the Jury, and Observed, that the dif-
nuisances attending this Charity, in order that an
_ who immediately found for the Plaintiff...4-1k gas Terence of the accounts they,had received from the
example to the many and lamentable perversion of 821. • 1 parties concerned in the transaction *as so material,
ipublic charities, he might make such a decree as could . I that if thesfory of one of them was true, the other
'.oeither be evaded or baffled. was pure invention: ,
Prayer of the Petitioner was granted in the terms The Jury immediately returned a verdict for the
prayed for. Defendants.
HAVERVIELD V. LEIGH.
' It is a rule that exceptions to sttswers must be filed
in two terms after the answers are put in, otherwise

•
COURT OF COIItION.III.I3AII, JULY 29.
Coml./44Ra b. vl4.l.oest.
Mr. Serjeant Bait stated this to' be an action to
recover GOGI. a'saall Ikea to the Defendant 'for
license which •pritvid tO be*Of no value whatever.
The facts of the case werw .tbeawt• Seme time back
the Defendant obtained -fie* theaffica of the gem-
tary'of State, .a lieense.foi.4 Pruiciiiii's'hip culled the
Sophia, to convey a cargo of winis froth the port of
l'BAurdeaux to this country. Previous to the aolval
of the ship in an English port, the term for which
the !idolise was procured expired, and in consequence
'the Defendant applied to have it renewed; .by some
mistake, however, the Officers in the Secretary of
h.Stetes's Offfee, instead of reuse* the old license
'granted a new one, of which DAndint obtained
possession. Shortly afterwards the ship areived 'in
London, whets Defeadant, Instead of lending the
cargo Upon the authority of the new license peti-
tioned the Board of Connell foe leave to warehouse
the wines upon the license which. had expired—and
in compliance with the prayeiWt this petition, leave,,
was gives, and the Cargo Was landed.. Deflendlot
then sold the new license le Plaintiff for the sum of

• 2,. • .. . ' . . .
Tll i g 1031.4 cm.—Tl4e •• French. Institute haveprli.:
.Halved a IVienflvir by M.- Magendie, in which the
author has proved, by a variety of observations and
... experiments, that the stomach in the act of voutii.;
ing is entirely passive; and that the rejection of it*
„contents is owing to..the action of the diaphragm.
and abdominal parietes. 'lbis is conformable to the
-opinion . long since published 'by John Hunter, in
his work on the animal cecenomr; though nod,
:as is customary' with our candid neighhonts, an:
• flounced as an original discovery.. M. Sligendie'i
experiments are, however, curious and well con•
i ducted. lie found, that emetic substances, intro+.
chided immediately into blood vessels etched Vomiting
i instantaneourly, even in entreats *hose stomachs had
been removed; and to prove that the stomach itself ii
tinily mechanically affected, he *tirade small bladder.
Ito the r,sopitagus, by reasits of a cartdaiif elastic gum,
1 and on injecting an emetic into A liois; the contents
of the bladder were discharged, by the Compreision
of the diaphragm and abdominal nursbies; .
Carts.Lxcluves,.7etv 90.-Fine Mimi tot beihiiiei thin a
Mondey ; feet ior . deecriptieni, dull tae. aml. 1t0r.40 tiricee. •••
Quo from g, so sit per tomer lower.-11eciis talker daver.-e•
Barley,. Matt, sad other Articles, Milian ai retildi•
wheat kfttglish) -'lO l• 6 1. • ditt0...........
1 htto (It onion) •: • ... . .Itt AK 1ic.61116. .......',........
/tr.. , .67 63 Tick #1,..,;...k...;...,
Hitler ie4 441 4tl t Fine ....% 6
fNie Mt* '• • 's .30 151 r 04,4 . -: 'h,•-;•4'...
Malt
White Nail •
.., -90 9i Polotetl4o,, ..1.4%•
Ditto f hrikiri) ' 110 116 reran: ... .. ....,
!le wd i tto .... . ..... - .OO (U rue ,„t.„,
..1.,
(trey Pear . ' 74' 76. ;Ref" , 'V` '"'
1
SMITHFIELD stAitiiiit.•!`'.tlit
, ' TIO •inlithe (led, rerwellifiria4,,
Orel .:::.4. 94. to fin. kftl.l Itsiol tot 151,
watts —lt, et. t;; 76: ott, . hetu.t. • 7 1.......
..vent .W. 'O4l. too R.. 111 L i Mee" de• ••• •
Pork ....64 0.1. to 74. 71. 1 011.1111 . , ...• • •:‘...
* L'Allib ... Is. O. Co is. lid. i PIA• ...5..,

they are toe late. An answer was put in, in Easter
Term. The subsequent vacation, Trinity Term, the
vacation following that, and Michaelmas Term, were
suffered to elapse before exceptions were taken. At
the close of the vacation after Michaelmas Term, ez-

ceptions were filed. The question before the Chan-
cellor was, whether the exceptions did not come too
late?

Mr. Btu contended that they were too late.
Mr. AGAR, on the other hand, maintained' that
time dew with lawyers during the vacations, and that
they were to go for nothing.
The CisAncrimot, after consulting the most tape.
rienced Officers, was of opinion: that the excep-
tions were not tot) late; and It was decided accord.
ibgly.

from's-,
COURT OF ICING'S BFNCRi /time 49.

Before Lord Et LEIWROUGH am, Special
at •Gsqldhall.
teams b. tAtm.
Mr. &MEM! opined the tileathngs in gbh espe,end
was followed ots the same able by Mr. PAWL.

6001. and it was dispatched with a ship to the coast
. of France for another eargo 0( wines. Four or cite
clays subsequent to this sale,_.hewever, it *as dis-
covered lig the Secretary or.SiateS tOaci that a
tniatake lild been made,* iihd 10114:1a trig tire's to-
Defrodlilit, *unless the last tnernietted beanie was re-
feflted he would not be %loitered to ti move Ms Wines
r emu the Di'bektt. ticitiee lett him to apptt to
the Kalif to retniin the license, ahem, fur the
first he aditiottlethiell that the license *at tint
wintle a farthing. Pliantilf lint:ever, sate unable.
• to coutply whit tilts demand, hosing, is already
flitted, dliipstched the !recite with a vesliii to France..
lit cooseljui4ote of the iistionattop given, however,.
dirrelions 'veto sent our urtor chit ship net • to make_
art rureassie.i. lint 'tit ienst thi Meanie back, and.
ace•nr.ii,oo% tin. escrow *as. sent Mil, bin Plaintiff
refs suiriw difiv;t oy *a- wail refebertaVil •

' It was an action on a policy of insurance On the
sli7p Speculator, nt and from Liverpool lo
niefue, and all or oil of the Leeward or Windward
Islands; and the question was shortly ibis, it hether
the risk insured aeallist had dr' had not tertvliitited at
the time the less of the vessel, by the petils of file
seas, took place.

• It appeared frbm the evidetree of the Captain, thit
the vessel sailed from Liverpool on the ;Nardi:
On the 27th April she arrived at Ildsttintquet %Piece
the greater !nit of her cargo was disposed of. On
the 284 h of, Mat she proceeded to Antkoi, haling
kill on botttd about 7• or tIOUO briCkftrie f* or SU

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