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EXCHEQUER OF PLEAs. SITTINGS AFTER 1IILAllY TERJf, 1813. Humphreys and others, against J. IJedwiqi. The Plaintiffs are the owners of a Brig caller^, the Carnarvon Castle, of Carnarvon, and ;t j j re- side in the-town of Carnarvon, except fille of them of the name of Km KM AM, who is a tesi- 1 dent of Liverpool. The Defendant is a Ship- broker, now residing in. Loudon, hut win* (i;is taken a farm at Tremadoc iu North Waies, It appeared from (he opening of the Plai.irti.Tx (a?e by Mr. AbViotC, thai iu the month of July la'IO, the vessel being then in the port of London, .U1(J the master Jeffrey Jones, (who is also a owner) being in want of a freight, applied to the Defendant; as Ship-broker to procure one for him, which (he Defendant accordingly did ;,t the Transport Board, in the names and on the behalf of the owners of the vessel, that she shoiq^ carry for Government a. quantity of bricks fronl Grays, in Essex, to Spike Island near Cork, the rateof fifty-eight shillings per thousand. The Defendant having represented to the Captai;) that he could only procure for him forty shillings per thousand freight. Rather than the vessel should be unemployed the master consented to carry the bricks, and accordingly toiile on board a full cargo at Grays, which was conveyed to Spike Island, and a certificate given to Captain Jones of their safe delivery, which be in;; uans- ijiitted by him to Defendant, he obtained a Transport Bill on the Treasurer of the Navyi Pay Office, for the whole of the freight amount- ing to 2607. Ss. lid at the rate of fifty-' eight shilling's per thousand) payable nineteen days after date, with interest thereon, which amounted to 21. ISs. 7d. making in the whole the sum of 263Z. 17s. 6d. which became due 011 the 2nd of December, 1810, and which bill expressed to be payable to the Defendant, or order on be- half of tlte oieners of the Carnarvon Castle. The Captain on his arrival and stay at Cork, being- in want of money to pay the ship's way, drew a bill upon the Defendant for 6U. 6s. Sd, in part payment of freight, which was honored and paid. Humphreys one of the Plaintiffs and the Ship's Husband, also drew upon the defendant for 100Z at two months after date, agree able to the desire of Cap'a'" J°r'es s letter to him from Cork, on account of the freight in question, but which the Defendant refused to accept, declaring his deter. mination not to pay Jones, Humphreys, and Co. (the principal owners) a single farthing, until the freight became due and receivable by, and was actually »'aid to him, which might never be the case tho' he had at that very time a Government Bill for the full amount of the freight in bij posses- r sion, bearing interest as is customary. On the 5th October. 1810, Cap/ain JeflVey Jones drew upon the Defendant for lOOt. which he also re- fused to accept. And on ti le i'Z"Ill ()I' Oct. ille De. fendant furnished Gapt. Jones with ail account respecting the freight of !•■ vessel, a ro-n of- which is as follows, viz. Captain Jeffrey Jones and owners, (Brig Carnarvon Castle) freight from Grays W Spike Island near Cork. 89,8.10 Bricks, at 40s. per thousand, £ '179 12 5 • ,190 Bricks (short de-? ,0 tivered) ai. 55s. £ Postage, 0 3 6 Commission on Ereight, 8 19 8 Bill drawn in Cork, 61 G 8 IS 14 10 Balance due Capf. Jones and owaers — Dec. 2, 1810, when iheEreighr 105 17 7 receivable by n?e, J. B. — The above baJancc "wi being paid by the Defend, ant, the Plaintiff commenced an action 111 ihe Court ()f Ku,g's t0 recover the balance to wmch the Defendant plea ied a Sham i'ua, of a j judgment, recorded against him by the Piaintisfs, but having discovered (what the" Pontiffs were | wholly ignorant of) that Molyueux one of ¡¡¡e owrier-i who had resided at Liverpool was dead, the Defendant then withdrew his said Plea, and pleaded the general issue and upon Hie (rial the death of Molyneux being proved by him, the PlaiiUiffis were non-suited, but thc Court though; proper to express its displeasure at such a defence. the IJla>ntitFs having by application at the Transport Board, and ihe Navj Pa> Office, found out the trick, that had been played upon the CiJpta;n,a¡¡ wel; ¿¡:, with from thirt) to thirty- five oilier masters of vessels in the like manner,- (the Defendant, having received full iftty-eight- shillings per thousand for the freight beside* the interest upon 'he Bill) commenced a fresh actiofi in this Court, to recover their full freight for the bricks, consenting to allow the Defendant a Commission at live percent, and other deduc- tions, to which action ihe Defendant very pru-' dently pleaded the general issue only. TJnott this cause coming on for trial at the Sidings after" last Trinity Term, It appeared (hat the Defend- ant had heen ag-ain exercisin his ingelluil), and had actually, for the purpose of again defeatin» the Plaintiffs, without their knowledge privately paid to the PlaintiUlviRKH AM,(who knew nothing of the concerns of ihe ship, being a resident in Liverpool, and having only one sixteenth share) the supposed balance of 105/. 17s. Id. and lJh- iaiiiett fi-oiii liiiii a receipt in full for the amount of the freight. This however did not avail de- fendant, for the chief Baron very juslly directed a verllict for tite Plaintiffs, for the full amount to which they were entitled. Defendanttiot Jnllcb satisfied with this decision, afterwards applied for a new trial, upon the ground that 1 be ship's registery (alone) of the vessel was not evidence of ownership, and that he was taken by surprise at the last trial, as he had witnesses to make out his case which he had neglected to call. The Plaintiffs wishing to give the Defendant every fair chance did not oppose this motion, which the Court accordingly granted, upon the Defend- ant first paying the Plaintiffs all the costs of the former trial and their costs of the rule, and m.ai uP0n,the new ,r'al the owneiship of the taintiffs to the vessel." At these sittings the cause came on again for a new trial, when the Defendant wanted to assume a new cnaracfer namely, that he was not a Ship-broker but a principal, and that be was entitled to put into his pocket eighteen shillings per thousand, for the freight of the bricks, and deducting for short delivery of bricks St. SJ. Od. which was not de- ducted at the Transport Board, charging com- mission oil the same, and yet being inonet, he says, he never received, taking the whole of the 1 ranspo 11 B1 to his own purse, charging Com- I mission 01 (lv« per Cent. Postit,e, &e. a,li taken or deducted out (If ihe forty shillings per thousand tieiglil, and even then, denying to pay the Pli im- tills (he balance, uniitt (he Transport liill became due, and receivable hy, and actually paid him, and not till then, without accounting for any part of the interest allowed on said bill to the Plain- lifts. The Court and Jury saw through this third attempt so clearly, that the Plaintiffs ohtallled a second verdict for the whole of iheir demand, to the great satisfaction of a crowded Court. AGHICULTURAL REPORT l'OR FEnRUARV. The heavy rains, which fell about the middle 01 the month, have greatly impeded the early sowing, by inundating the retentive soils, Inch will require a dry month before they will be in a proper slate for the plough. From the same cause, tender lands, under cattle crops, are much poached by the feet of animals, and will require much labour to break them. The young wheats have put on a most proline appcarance in lillow, having tonnci a strong p/anf of a sea- sonable colour. In some parts the wire-worm land grub appear. From the mildness of (he tiic itifilifis, all the brassica genus have run much top and, unless cheeked, pro- mise to be-soon exhausted. To counteract the early consumption, the soiling ciops ate in a loi waid and In v.uManc state. The increased cul- tivation 01 the .wedish tmrtiip, has obviated the °f a hackward Spr ng, and ranks first iu i Spiing sewing commenc- ed in warm soils, in the southern district, which work kindly on the fresh flag or furrow. Much dung and soil carting remain unifnished.



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-.. BUNDLING!!!,