APPENDIX TO CHRONICLE. 271 



argued, that Howard being 

 proved to be the agent for taking 

 the conveyances, all his acts and 

 declarations at the time were 

 part of the ex-parte and admissi- 

 ble evidence; the learned Judge 

 being of the same opinion. Two 

 persons stated, that Mr. Howard 

 said he had not the note with 

 him, but it should be delivered 

 up as soon as he could get it 

 from Cambridge. 



The extent executed was next 

 proved, and that it was attended 

 with the total ruin of the plain- 

 tiff's business. 



Several respectable witnesses 

 proved, that at the time the ex- 

 tent came in, he was considered 

 as a man in good circumstances, 

 and not in the least suspected of 

 insolvency. 



The Rev. Mr. Jees, Vicar of 

 Hoxted, said, he had for many 

 years appointed him churchwar- 

 den of the parish of Hoxted, 

 which was a place of considerable 

 trust, as in that character he re- 

 ceived charity monies amounting 

 to 700/. or 800/. per annum. So 

 far from thinking the plaintiff an 

 insolvent man, he would himself, 

 at the time the banker's money 

 became due, have lent the plain- 

 tiflFthe money to have paid them, 

 if he himself could have spared 

 it. But when the extent came in, 

 and seized all his property, nobody 

 would advance money to him. 



The defendants grounded their 

 defence, that the extent was not 

 maliciously sued, but that they 

 acted under an apprehension of 

 the plaintiffs insolvency, and 

 that the mortgage was not ade- 

 quate security ; and they attempt- 

 ed to prove this by witnesses, but 

 the only fact they proved was, 

 that he borrowed of a neighbour 



60/., being, as he said, short of 

 mone}'^, for which he gave up the 

 key of his barn, containing more 

 than the value in corn, and once 

 the supervisor summoned him for 

 neglecting to pay his malt duties, 

 which were paid before the day 

 of hearing came. 



The learned Judge, in summing 

 up, was clearly of opinion, that 

 the writ was sued out without 

 probable cause, and stated that, 

 in point of law was, the note of 

 hand merged in the higher secu- 

 rities for the same debt. 



The Jury, after deliberating 

 for some time, by Mr. Manby, 

 their foreman, returned the ver- 

 dict as follows — " My Lord, we 

 have deliberated upon our verdict, 

 and we find for the plaintiff dam- 

 ages 1,200/." The verdict was 

 received with acclamations by the 

 audience. 



ADMIRALTY-COURT, MARCH 11. 



Rexvard, Selkeig, Master, on 

 appeal from the Vice-Admiraltij- 

 Court at Jamaica. — This vessel 

 sailed from the port of Kingston, 

 in Jamaica, with 12 tons of 

 Jamaica and 10 tons of St. 

 Domingo logwood, which were 

 shipped for ballast to Annatto 

 Bay, in the island of St. Domingo, 

 where the master proceeded, 

 agreeably to his instructions, to 

 land the logwood; but the weather 

 being bad, he was enabled to 

 send only one large boat-load on 

 shore, and the remainder was 

 used for dunnage and stowage of 

 a large quantity of sugar and 

 rum, with which the vessel re- 

 turned to Kingston. There the 

 cargo was landed, but the market 

 proving unfavourable, almost the 

 whole was re-shipped for the pur- 

 pose 



