The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1838-06-20
NEWPORT.
WEDNESDAY, JUNE 20, 1888.
U. s. CIRCUIT COURT.

This Court closed its June session, in thi
Town, on Monday at noon. At least the usua
amount Of business was disposed Of by tn,
Cour although but few important causes wer,
tried by the Jury.-We consider the followin.
as the most important to the community, be
cause they settle principles of Law, that affec
interests of vast consequence to the people o
this State -
The first was the case of Hannah Hart agains
Asa Gray this was action of assumpsit to
recover from the Defendant the sum Of $3.50,
received by him as Guardian of the Plaintiff,
appointed by the Court of Probate of the Town
Of Tiveron; and although the issue was made
up to the country, the question was strictly a
question Of law, arising under the statute of r.
|. as to the kind of notice to be given to the
person charged as incompetent; the Court de-
cided that it must be by a written paper under
the signature of the Clerk actually delivered or
served; and that written citation served by
the Town Sergeant, by merely reading the same,
was no compliance with the statute that the
Deft. had, in fact, never been legal Guardian !;
and the Pltf, was entitled to recover A ver-
dict was taken by consent accordingly.-This
decision, alth ough the amount in controversy
IN tins action was unimportant, will have an
operation to affect nearly all the cases of Guar
dianship in the State, and may shake the titles
to hundreds of Real Estates sold by Guardians
The next was an action brought by Moses
Gamwell and Lewis Collins, against The Union
Steam Mill Co., of East Greenwich, to recover
the amount OF certain notes, given in the name
OF that Company, by Daniel Greene, Agent -
this case like the former depended on a ques-
ton of Law :--as to what did or did not create
a legal Corporation this action was brought
against the pretended Corporators, as ordinary
opartners.-The Defts. claimed to be Cor
poration; butt appeared that no capital stock
had been established-no division of stock had
ever been made or subscribed for, or certificates
given; the Court therefore decided that thew
had never been Corporation qualified to con-
tract in that capacity; that the Defts. were liza
BILE in their individual capacities, that every
thing done by them, as SUCH was absolutely
void, and that the PltT. was entitled to a ver-
dict for the amount of his claim. Immediate
Execution was moved for by the Pltffs. Coun-
sell; ordered by the Court, at about p. NJ on
Saturday; and levied at East Greenwich the
same night before 12 O'Clock.
We hope that this decision will prove salu-
tary lesson to other Corporations in this State.
We understand that in this case it will deter
mine the right to property, to an amount, prob
| ably, not less than hundred, or hundred and
fifty, thousand dollars.
| The next and last was on an Indictment.
United States VS. William Rogers and eight 9TH
crs, seamen on board the Brig Troy, of Bristol,
charged with having endeavored to make re-
volt on board said Brig. The Indictment STA
ted the Brig to be Registered vessel of the
United States. The Shipping articles stated
the Brig to be vessel engaged in the Whale
Fishery. The Court suggested to the District
Attorney, that the proof would not support the
Indictment, inasmuch as that seamen could not
lawfully be engaged on board Registered ves-
sci TO carry on the Whale Fishery and that
as the offence charged must be committed by
seamen lawfully engaged as such, the proof
would not support the indictment. The Dis
trict Attorney, by advice of the Court, entered
Mol Pros, and the prisoners were discharged.