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CASES

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- Hilary Term, In the Forty-fifth Year of the Reign of George III.

In the course of this Term, Sir BEAUMONT Hotham, ..

Knt. one of the Barons of the Court of Exchequer, resigned his office; and was succeeded by Sir TUOMAS MANXERS Sutton, Kut, his Majesty's Solicitor General, who was thereupon called Serjeant; and gave rings with this motto, Hic ames dici pater atque Princeps. Vicary Gibbs, Esq. one of the King's Counsel, and who was also Chief Justice of Chester, and Attorney General to his Royal Highness the Prince of IVales, . resigned his two last - mentioned oflices, and was appointed Solicitor General to his Majesty, and was

knighted. ROBERT Dallas, Esq. one of the King's Counsel,

was appointed Chief Justice of Chestcr. WILLIAM Adam, Esq. who was before Solicitor Ge.

[2 neral to the Prince of Wales, succeeded Mr. Gibbs,

as his Royal Highness's Attorney General; and JOSEPH JEKYLL, Esq. was appointed Solicitor Gene. ral to the Prince; and afterwards, one of his Majesty's Counsel, learned in the Law'. VOL. VI.

REGULA

1805.

REGULA GENERALIS.

Geo. 3;

fo

clock

llilury Term, 45 Geo. III. The granting of dav-rules to W HEREAS, by a Rule made in Easter Term, in the soch prisoners in the

Geo. 3, it was, amongst other things, Ordered, “That

Cong . B. prison during term, is no prisoner in the King's Bench Prison, or within the rules j: the ci cretion of the thereof, should bave, or be entitled to have, day-rules above Court ou ap three days in each terın." And by another rule, Michael. plication, the sain- as nefore mas, 37 Geo. 3, it was further Ordered, " That, notwith

standing the said thereby in part recited rule, if any person but prisoners out upon such in the King's Bench Prison should thereafter state, by affiday-tules inust return at or he- davit, any special cause, to the satisfaction of this court,

for having an additional day-rule or day rules beyond those in the evening.

allowed by the aforesaid rule, such additional rule or rules should be granted accordingly for any day or days ensuing such application." It is hereby Ordered, That so inuch of · the said first-mentioned role as is' above recited, and that the whole of the said last-mentioned rule, be repealed and

discharged; but that nothing herein contained shall extend . to repeal or discharge so inuch of the said first-mentioned

rule as requires That every prisoner, having a day-rule, shall return within the walls or rules of the said prison at or before pine o'clock in the evening of the day for which such rule shall be granted.

By the Court.. ( 9 )

Thursday, Jan. 24.

DARBISHIRE and Another against PARKER,

Where notice THE plaintiff's declared upon a special agreement by the of the dishonour of a bill of - defendant, to guarantee the payment of certain goods, exchange by. which, on the faith of such guarantee, they sold and delithe acceptor in London, was skut by the post to the holder in Manchester, where the letter was delivered out hetween 8 and . o'clock in the morning, and the post went out for Liverpool, where the drawer lived, be. tween 12 at 1000 and i; and the holder did not send notice to the drawer by the post, either of the same day or the next ; but sent it is a leiler by a privale person on the latrer day, who did not deliver it to the drawer till two hours after the post the livery, and only about one hour before the post left Liverpool for London, whereby the drawer was so agi ated, that he could not write in time for that day's post to London, -held, that at all events the holder had made the bill his owo by his laches; for whether reasonahle netice be a question of law or uf fact, or whett:er the general rule of law require notice of the dishonour of a bill to be sent 10 a party living at another place by the next post after it is received (by which must be un. derstood the best practicable post, ir point of time and distance); and whether four hours between the coming in are guing out of the post be a sufficient interval, in point of practical convenience, to receive the notice and to prepare a letter of advice to the drawer. At all events, the holder ought to have writien by the post of ihe next day alter notice received by him; and cught not to have delayed the receipt of notice by the drawer until after the arrival of the next posi, by scadio iba letter by a private band.

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