The enquirer. [volume], October 13, 1809, Image 4

About The enquirer. [volume] (Richmond, Va.) 1804-1815

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[FOR THE ENQUIRER ]
• ft the Superior Court of Chancery,for the Rich
mond District, Fall Term, 1*09.
MARKS vs MORRIS.
The bill in this ease, was brought, to be reliev
•d against an usurious contract, covered by two
deeds of trust, which the trustee was about to
tstff inte effect, by making a sale of the proper
ty thereby conveyed ; and for an injunction to
slop the sale, which was awarded.
The usury was not admitted by the answer, nor
was it positively denied, but from the terms of
the answer, and the testimony in the cause, the
deary, be>ond all doubt, waa made out. This
cause was twice argued, with very gieat ability,
by ail the counsel i and the principal question,
submitted to the court, was, whether the plaintiff
should be relieved against the contract entirely,
Cr against all but the principal money.
My the Chancellor—
I have devoted much time to this
•*se, and I confess, that when a motion was for
merly made, to dissolve the injunction, I thought
differently from what 1 do now ; but surely, I
was under an erroneous impression, and 1 now
Wk* tench pleasure, in receding from it. It is
Cot my habit, to take up much time in court, in
delivering my opinions, as I deem time of more
importance than words to the suitors : otherwise,
•pon this subject, I could write a volume ; and
while 1 have not less respect lor English judges,
and English opinions, than other gentlemen ; yet
1 rave too much regard for mjsell, and the nati*
cnal character of my country, to rely upon En
{/u-A books farther, than forinformilion merely,
ut not as authority ; it was the co'nmon law we
adopted, and nbt English decisions t anil we
should take the standard of that law, namely,
that we should live, honestly ; shduld hurt no bo
dy ; anti should render to every one his due, for
our judicial guide ; by this standard then, let this
case be adjusted : to do which, we must under
Stand Mrliat wis the former rule, upon coming in
*o equity, in a case like the present. Before the
•third section of our present act against usury,
Was introduced into our laws, the rule with res
pect to relief in equity against an usurious con
tract was this ; that if the borrower breught a bill
in chancery, against the lender, to compel him to
discover the usury, he might demurr, because it
subjected him to a penalty : and no one upon
Ermciple* of natural and universal justice could
e compelled to subject himseti : In order, there
lore, to compel a discovery of the usury, the bor
rower had to wave the penalty, and to offer pay*
Jnent ol the principal money with legal interest ;
•iid then the lender was compelled to answer, &
to make the discovery, upon w hich, relief was
cfioixled against the i»legal interest ; neon this
VlATim tl.-i 1___l___ i. _•. .
' ------ --“ W|UIIV, lliUav uu 11 :
But tn« third section m our act declares, that a
Bj hoi rower may exhibit his bill in equity against
Hie lender, and compel him to discover, on oath,
all the circumstances in relation to the transacti
on ; and it thereupon, it shall appear, that more
•ban iawlul interest was reserved, lie shall be o
fcliged to accept his principal money, without a- I
By intei«at, or other consideration, and pay costs,
feet shall b- disci,argad of all other penalties of
that act. The difference then between the for
mer and the present rule, is this, that by the for
mer, relief in equity could only be obtained op
en doing compleat justice, by paying the princi
pal money and legal interest; but by the latter,
It may be obtained upon payment of die princi
pal money without interest. But I understand
the counsel lor tlio defendant to contend, that he
ts entitled to the full benefit of the former rule, !
Unless the caee falls expressly w ithin the latter^ '
as the discovery of the usury was not made by
his answer, but proved upon him. But, as well
the former, as the present rule, was predicated
Upon the ground, that there was no relief at law :
and surely it never was intended, to preclude a
borrower from relief in equity, if, from circum
stances, which he could not control, he w as pre
vented from making his defence at law: and
then, whether upon the latter, or the former
ground, if relief in equity should be asked, the
rule in both cases should be the same : for I ap
prehend, that the legislature did not mean to
place the lender, who should not make the dig.
covery, in a better situation, than the one who
should make it; for example : a bill for relie/ is
filed : the defendant, the lender, in his answer,
admits the allegation* of the bill to be true ; then
be shall be obliged to accept his principal money,
without any interest, pay costs, and b* dischar
fed of all other pena’ties imposed by the act_
ut, if he had evaded the truth, though the usu
ry bhould be proved upon him, he should, as 1 !
understand the counsel, fee entitled to his princi-1
pal money and legal interest, agreeably to the {
former rule ; it not being a case expressly with- ;
in the latter, as prescribed by the third settion i
_ f A.%__a. *1.* . . ■ A . f
«vv , uuvmiBi.amii.( UC U 1A1T exposition
•f the legislative will, as It would be an induce
ment to every lender, to withhold a fair disclo
•ure of facts ; upon this calculation, if they are
disclosed, I lose all my interest: but if they are
not disclosed, though they may be proved, I shall
get lawful interest ; and if they are not proved, 1
get my lawful and unlawful gain -• but when the
fcntler, in either case, is to lose all his interest,
whether upon his discovery of the usury, or upon
•lie plaintiff's proof, there is no inducement held
•ut to him, to withhold the truth.
One word upon the main pillar of Mr. Hav’s
argument, “ that the plaintiff was operated up
•n by the effect of the deeds of trust, and bavin"
had no day in a court of law, was compelled to
•omc into this court, for he could go no where
•Ise this is time : and under the operation of
these deeds, the plaintiff was placed precisely in
•he situation of a nu-n against whom there was a
judgement at law, upon an usurious bond, he
cause he and his witnesses were all sick, fk could
Rot attend the trial, and therefore a judgement
was rendered against him : now f hio man must
pay the usury, in the judgment, unless he can be
relieved in equity, &. there is no doubt about it; k
•o with respect to the present plaintiff, his pro
perty wes to have passed off under the hammer
•f the cryer, but for the interposing hand of this
court ; he is then the applicant here for relief, to
which lie is most clearly entitled ; but the ques
tion is as to the extent ol that relief: The answer
is, that he must do justice, an far as the law will
authorise it, in order to obtain it; k therefore, he
must pay the principal money without any inte
*est ; and the defendant must be depri .ed of all j
gain by the contract, which Mas corrupted by!
#ie usury, pay costs, and stand discharged from
*11 other penalties of the act.
The decree may he to this effect : —
That if the plaintiff’shall pay to the defen
dant so much of fc 2500, being the prin
cipal money, without interest, as shall re
main, after deducting all costs, and Si 12ly
|acknowledged to have been received) op
•r before the 1st October next, the injunc
tion is to be made perpetual, and the deeds
©f trust, and a note for $ 05, in the hill
mentioned, are to be delivered up to be
•sncelled, and the defendant tube dischar
ged of all othi r penalties imposed by the i
act : but if 6uch payment be not made, ,
•hen the injunction for so much of the prin
•ip.d, as shall remain as aforesaid, «hall '
siand dissolved *• an act of this day, and j
the deeds remain as a security for thoj
same, and Olisrln Copland, esq is appoin
ted a commit don«r to proceed agreeably
•o the terms oi flie deeds, to raise tne a
mount thereof, and to report hiv proceed
ings to the court in orde r to a final decree
Tothis decree, Mr. Hay objected, and refer
»fd the court to many precedents in the English
book*. Curia mluisare wit—on the next day •
*y the Chancellor-—
, , T;lie principle in this case is set-j
W*d. Marks is relu-ved against the hardship of
tfce esntrert, and Morris Si A fife Td* jkrnetflu!
money without interest, pay costs snd be dischar
ged of all other penalties imposed by the set.—
Tlte question now is, as to the form of the de
cree 5 about w l»ich there would !>e no difficulty,
if Marks’s counsel had not intimated a dispositi
on to get out of court, it order to occupy his le
gal stand again ; to prevent which, when the
court said, the deeds, in the bill mentioned, might
stand as a security for the principal money, it was
objected as a solecism, that deeds void by law,
should be set up in equity : and in support of this
objection, the court has been referred to Vernon,
Precedents in Chancery, Atkyns, Brown, and
bonblsnque. Let these books l e examined in
their chronological order : and first,
1. Vern. 467 Biller Price 5 the bill in that
case was filed, lobe relieved against several secu
rities for goods sold at 5 Tor 1, and the court is
reported to have said, that the plaintiff's security
should be delivered up, on payment of what was
really and bona Jiae paid to him.
2. The precedents in chancery, 80, Smith xs
Loader ; the hill in that case was to be relieved
xs a recognizance for a much larger sum than had
really been advanced ; and the master of the
rolls decreed a per^t-itud injunction upon the pay
ment of the principal money and interes'., and the
chancellor affirmed the decree.
3.3 Atkyns 28r, Liwly xs Hooper; and, al
though the chancellor, in that case, thought tlte
transaction a shift to avoid the statutes of usury ;
yet, he said, there was no necessity to determine
that point ; and decreed relief on certain terms,
specified in the decree, upon the ground, that the
agreement, though for an absolute sale, was such
as a court of equity should not sutler: and by
! 'be decree it was pnn ided. that if tho terms were
I refused, the bill should he dismissed.
| 4. 1. Bro. 398, Lowther an the countess dow
ager of Andover, et al. where the oill was filed
for a specific performance of certain articles; &
the court said, that if upon a tender of a suffici
ent conveyance, the money wan not paid, the
plaintiff’s bill should be dismissed.
5. 4 Bro 439 Mason xs Gardenier, where the
question was, whether a hill, for the discovery of
tho usury, without stating that the plaintiff was
ready to pay principal ami interest, ujMin demur
rer, was good and could be entertained : & the
chancellor said it was not.
6. 1. Fonb. Where it is laid down, that the
court w ill attend to the claims of equal justice,
and will never interfere, unless the plaint.ff will
consent to do that which is right.
1 understand, that the object of the plaintift’s
counsel in referring the court .0 those cases, was
to prove, that where relief is afforded upon terms,
that the party who obtains it, is at liberty to ac
cept of the terms or not; and this is admitted,
so far as the relief goes, but no farther : Then’
7 :--‘••'-•'•MW 5U111U111 use: 10 au out
llie principal money ; and the court will not com
pel the plaintiff to accept of its relief; for, if he
pleases, he may pay the usury but the court wilt
pot it m his power not to d<> i't; and this is all the
court can do as to the relief: but the question is
as to the principal money P Shall Marks have
the aid of the court and not Morris ? Shall Hie
court not aid Morris in getting from Marks that
v. Inch lie may withhold ? Or, shall the court suf
fer Marks to go out protected against the usur\
anii put Morris to his action at law for the princi
pat ? Would this be right, while both are here,
and ac 'ording to Fonb. entitled to equal justice ?
I think not In the cases to which I have been
referred, tLere was no necessity for the court to
go farther than it did : because, the agreements
were all^oac/at law, and the defendants in uquit'
were to be benefit ted, if the plaintiffs refused the
terms on which they were relieved ; and there
fore the defendants did not object; for it was
thc.r interest to be at law ; but, says Morris,
, 8 ,s not my ca*e : A court of law will not do
forme; you have said my deeds aie tainted
with usury, and that if Marks will pay me g 2500.
my securities shall be cancelled ; but if he will
not, how am I to get that sum ? Must l sue him >
It l do, he pleads thr usury upon me, and proves
it by your decree : so, that although law and e
quity say, I am to have n,j principal money, with
out interest, pay costs, an-, be dint barged of all
other penalties ; yet equity wfJ not help me, while
it reliefs Marks. It is this view, which Mor
ris is made to take of his own case, that makes it
the duty of the court to provide for him as well
as for Marks : for surely, it would he a solecism,
to say, that the contract is so far legal and equita
«r, that the principal money shall be paid, but
the ueeds, by which such principal is secured,
shall not be set up in equity, to secure the pay
ment of that principal, which the act compels the
lender to take : I think they may ; and so said
the English Chancellor in the case of Scott is
Nisoet: it is true, that that was the case of a
judgment which the chancellor said, could only
be displaced up>on doing what was right, and that
the judgment should stand as a security for the
w>ui legal interest : anti all
Mr. Hays rrguments went to prove, in this very
case, that Marks occupied a ground, on which,
at law, there was no relief. Between Marks
then and a judgment debtor, no difference is dis
cerned, and that if the principle laid down
by the judge in Scott vs Nisbet was correct,
with respect to a judgment, it must be equal
ly so with respect to the deeds in this case ;
and, more especially, as it m«y prevent another
contest, which this court should not he the means
of producing, while it holds in its own bands, the
means of preventing it. But it was said, the
chancellor in Scott vs Nisbet did not understand
the case : how this was, I do not know, but if
he did not, he guessed well, for he struck upon
the only principle that secured equal justice to
the parties, svliile he relievud against the hard
ships of the case at. the same time But, if lie had
not done it, I wou'd : My .predecessor did it in Hill
and Hook: and 1 shall do it :n the case before
me.
I am perfectly satisfied with the frame of the
decree, delivered out on yesterday, conformably
to which the C.erk may draw it up, and have it
entered.
FOREIGN SELECTIONS.
London, July 15— Mr. Pitt’s Mont
monument to be erected in the
Guildhall of London, is in a state of great for
wardness. 1 Ins exquisite piece of sculpture is
the production of Mr. J. c. Bubb, of Grafton
street, Htzroy Square. The massy substance on
which the figures in this composition are placed,
is intended to represent tne Island of Great-Bri
tain, and the surrounding waves. On an eleva
tion, in the centre of the Island, Mr. Pitt appears
in lus robes, us chancellor of the exchequer, in
the altitude ot a senatorial orator. At the wings,
on the immediate fore-ground, two erect statues
characterise I*is abilities ; with national energy,
winch is embodied, and riding on a symbol of
the ocean in the lower centre ; they assist to dc
scribe, illusively, the effects <1f his administrati*
on. Minetva is Oil his right, overcoming anarchy,
thereby securing internal repose to the country.
Mercury is oa the left, us the represent* ve of
Cointneru and the patron of policy. To describe
the unprecedented splendor *f success which
crowned the British navy, while Mr. Pitt was
minister, the lower part of the monument is oc
cupied by a statue of Britannia, seated triumph
antly on a sen horse , u, her ]eft |unj ., ,jl(.
*1 emblem ot naval power, and her right ,
thunderbolt, which she is prepared to hurl at the
enemies of our country.
As the place assigned in Guildhall for the
monument ot Mr. Pitt ■* immediately opposite to
that erected to the memory of lbs illustrious
Lord Chatham, the artist has taken care so to
construct the pedctal, mouldings, breadth, ele
vation, and arr hitectiiral parts ot his design, that,
in the paints ot dimension and outline, it
nmy serve as « companion to the Monument al
rrsdy executed to Uio fatho# of the illustLous
Wm. prtfc
Uyi*-* 'se*Wne» and Tmbrcrement* —The ,
difficulty of procuring fibres suffi. irntly fine asul
elastic for micrometers has induced a gentleman
to me the sp> ter’s web, which he found so fine,
opaque, and elastic, as lo answer all the porno
• srs of practical astronomy. But as it is only the
stretcher, or long line which supports the web,
that possesses these valuable properties, the dif
ficulty of procuring it has competed many opti
cians and practical astronomers to employ the
raw fibres of unwrought silk, or what is still
worse, the coarse silver wire munutac ured in
this country. For these a substitute l.ss been ob
tained, in a delicate gl iss fibre, which enables
the observer to remove the error of inflection,
while it possesses the requisite properties of opa
city and elasticity.
Mr. Spencer Smith has lately introduced that
valuable plant, Smerna in elder, into this coun
try Mr. Smith furnished the society orarts with 1
some seed, from which Mr. Salisbury, of t!»e Bo
tanic Garden, Sloane-street, bus raised plants
that have grown in the most surprising maimer.
He expects to obtain seed from them, and there
is every reason to hope that this useful, dye-root
will become naturalized in our soil.
M. Dnulergeruis, optician to Honapar‘e, has
produced a ponderous flint of glass, bra nded for
the manufacture of achromatic glasses, in which
he has attained a degree of perfection equd to
those of English manufacture. The glass made
by him is heavier than flmt glass j its specific
gravity being 3588, while the heaviest flint glass
being only 3339.
Lieutenant colonel Lindsay, of Grove-Hous*
Edgware, has obtained a patent for a telegraph,
or apparatus, which conveys intelligence with
as much facility by night as by dav.
WINCHESTER ASSIZES.
July i9
Surge*, Tf. Cohbett, As'ett, and Dui/ber.
This wa- an action of assault and imprison
ment, brought against the defendants, said to
be men of good property, in which the plaintiff
sued injsrma pauperis, and laid his damages at
1U00I.
Mr Borough (who was assisted by Mr Ga«e
lee) stated the cause at some length ; from his
statement it appeared, that in December last,
Mr .Cobbett, of Botley, well knoa'm for his polit
ical writings, took Jesse Burges, a brother of
the plaintill, then a boy of 15, into his service,
and in March, the lad ran away from his master,
anti returning home, complained that his master
swore at him and threaten -d him so harshly that
he could not stay with him A warrant was is
sued to apprehend the boy, Mr C »bl>ett liat-mg
stated that he was a servant in husbandry. The i
k.- .-i. .. . I
Botley, followed liy Ids mother and br< tlier, j
(V\ illiam Burges, tlu* plaintiff.) Toe lad .»• big 1
left alone took to his heels and rail oft’, and the j
mother and brother were proceeding along toe
road home, when on looking round, she saw As
let and Dubber (the former a constable, and tbe !
other a tithing m >n) riding attar them. One of ■
them roared out, “ halloo ! stop, old woman ! j
stop, you fellow ! take diat old woman into cus
tody I’ve got a pistol and will shoot you !”
I'liey seized the mother by the bonnet und hair,
when the son said, if they touch'd his mother,
lie Would knock them down On which they .
laid hold of him, and snatched a stick from hi
band, when lie very n aurally kic ked Aden on
the leg, whereupon tne tithing man struck the
plaintiff, and a scuffle ensued, which ended in
the plaintiff’s being dragged to Uotlee, af ter be
big kept prisoner for several hours on the way. i
— Here he was detained all night In the morn
ing, the mother and the son were carried before
Mr Smith, a magistrate, at Southampton ; but
on their arrival, Mr. Cobbett, who was there,
now found be was in the wrong, and lie desired
tbe womai and plaintiff might go about their bu
siness. The young man said that bis mother had
many miles to go, and was unable to walk : Mr
Cobbett replied, “ damn your eyes, you may get
home as well as you can !”—Mr Borough con
cluded by calling on the jury to give exemplary
damages for the illegal violence commuted by
Mr. Cobbett’s orders on tbe plaintiff and bis mo
liter.
The mother and sister of the plaintiff were
examined, and corroborated the above statement.
The sister was a seivunt to Mr. Cobbett,
who threatened with an oath, to l^apsport her for
knowing that her brother ran siwjjy ; lie also
threatened to scud her elder brother to sea.
| Mr Jekjll, lor the defendants, said, it was im
I possible for him to give any answer by evidence,
| for the whole was •» gross fabricati <n Ti e wit
nesses were all of oik- family, a d could of course I
tell the same story : and this was the reward
and gratitude Mr. Cobbett received fir the many
kindnesses be had lavished on this ungrateful
family. The fact was, that the I .d was ass-sled !
in his escape by the moth' r and brother, an 5 the
: defendant was justified sh apprehending them.
This action arose from spleen mil malire VL
Cobbett as a political mm, had n*tur liy man
enemies, and they had incited this action h«
would appeal to any mao in Botley whether M
Cobbett was an oppressive master I lie whole
was a trumpery case and he trusted me jury
i would find a verdict for the defendants.
Mr Justice Lawrence said, that if a lad ran
away from his master, he must be brought back
again ; but these persons were not ju-titi-d in »c.
ing as they had done. Iftherew s an attempt to
a rescue, an indictment should have l* en prefer
red ; as it was, their conduct was unlawful If
the hoy had behaved ill, there was no reason why
his brother should be imprisoned.
The jury returned a verdict for the plain
tiff. with ten })9iu\dt d «mag«-8 ...London /Juf>tr.
IW'sh to lease my farm, in th< neighborhood
of this City. There ‘13 a very good brick
house and other necessary building* upon it. It
contains fifty-six acres, of which about ten are is
clover, and about nine in natural mead >w. The
whole is inclosed with good posting and railing.
It may be had for one of mor years, upon rent
J or shares : proper security being given for the
one or the other.
ENMUND RANDOLPH
Oct 6. w;!w
BATTESEA PAPEK MILLS—Those who
wish to encourage the manufactures of their
own state are informed, that they can be suppli
ed w:th Paper Manufactured in Petersburg, in
any quantities.
PRICES AS FOLLOWS:
Fine Letter Paper Vellum, £ 4 75 ^
Do. do. Laid, 4 51)
Fools Cap No. 1. 4 M
Do. No. 2. 3 374 S.
Do. No 3. 3 123 v ^
Folio Post Vellum, 9 50 ( "*
Do. Laid, 9 £
Fine Printing Medium, 5 50 5
Do. 4 50 r
Excellent Wrapping Paper, I 12jJ
:1J7 A liberal discount made to wholesale pur
chasers.
Orders for any of the nh< ve qualities, address
ed to the subsenoers, executed at the shortest
notice.
BANISTER Cf Co.
August 4.__wtf
( ' EOKLK W AT 1’ hat juttrecci vat, and offer*
FOR SALE. Sicily, Madeira, and Snetry
H' IHK. by the /Hut. and ,V. cat/, Green Coffee,
Orleant Sugar t>< the l/ha / Ga in,in Piatt Ha*
Simplex by the piece or ue, half pint Glam Turn
hlert in "ate* •/ lOuJ each, and Nt w I’trk St7* 4
Camilet.
OH /I A HD, Madeira Wine, Or,'ran i ami .Put
corindo Sugar*, Green Co fee, Volume*, Prnu
Pork, Liverpool and Stone Ware, Souchong, //,
ton, Skin, and Gunpowder Tea, Spanith Sc gore,
-• aitint, Almond*, Nmm>g.i, Winnow Gin**,
A/rn * O’ Women* 'Short, which he vtiil clitpotr j
tf by noho’.etaie on reatonmble Hr not.
2U‘J 22, tf
At a MPitrta'.'sB of the A isittrt nod Coxereors o’
William C* Mary College, held at (he Council
Chamber, within the said College, the Sth .lav cl
>/r, 1KU9. ■ J
BE IT ORDAINED, That all students, tlu*
ring the first year of their attendance, who
have entered the Junior Cl.vw, sh .11 reside will,
i the College, and hoard at the public table ;
those only excepted, who may live with their pa
rents or guardians,nr with a professor, and whs
will engage Jliat any stud-nt living with them,
sliall observe the same rules, as far a« they can
j be applied, which tdi til he in force within the col
lege: Provided, nevertheless. That when the
rooms, in college, shall he fully occupied by stu
dents, permission shall be granted others, by the
society, to reside in anv respectable privat • hoar
ding-house, in the town or neighborhood : Provi
ded, also, That at the request of the pirent or
guard.an, of any young man, who is so sick or in
suc.lt ill health sic to render it necessary, in the o
pinion of the society, that In* bu permitted to re
side onto! .college, pertnic.sion may be gran let I
by the society to him, i > reside out of college,
while his illiicilth co:. in.ies,
2ndlv. The hrtirs ofstudy which every student
sltall observe, shall In- first, from sun rise *ili
In-eakla-t ; Seetintllv, from 9 o'clock in ll>c fore
noon, till twelve, nol.-ss engaged at lect*u*C r—
1 liirdly, l root half-p-tst two o'clock, in the rfi’ter
iio in, till live, unless engaged ar. helo t; mention
ed, or in such duties as shall be required by the
rules of the college.
o !iv No student shall be absent from his -oom
during the ..ours appointed for study, unless «.»
gaged as mentioned in the second section of tIris
statute, or fir some sufficient reason of which the
society shall judge.
4thly At nine o'clock of every evening, ex
cept in the monihsnf November, Decendie;-, Ja
nuary St February, when the hour shall he eight
o clock, the hell shall ring, when t very student
residing in college, shall, in an orderly in.<u,i-r,
retire each to his room, nor shall he leave the
same till next morning. The rooms shill he vi
sited bt flic President, or by a professor, and eve
fj absentee jiarticul-trly noted.
Stt.ly. I" any case of disorderly conduct, wish
in the College, in which students are concerned,
every student >n college, at the time, whether he
he a resident iherein or not, shall he considered
u3 a principal, and treated accordingly, unless lie
can shew his innocence.
6lldy A rol! shall be kept by each professor,
which shall be called over at the meeting of h.
class or classes, and all schBenteus noted. The roll
so kept, shall regularly, oti gacli Monday, at 12
o'clock, be I. d tefore the society and examined,
and those who have failed in any duty assigned,
shall then be called upon, and iti fin case, sliall a
delinquent be excused, without good and suflici
nii iroami. i ne proccenmg oi sum meeting
with the reasons on wnich delinquents have been
excused, shall be entered on tlie minutes or j.mr
nil ot tiie sc sic y Let each professor carefully
preserve tin rolls kept by lain, and lay them be
fore Uie succeeding convocation.
7; lily. Any.student who sh ill frequent a T.i
ve'ii, or ie concerned in riotous noise, in the
streets, or who -iiall h n r degraded li.inself by
ny s.ngie act of drunkenness, or i»v any other act
contrary to good morals, slia i for I nr first offence
be eitner publickiy censured or exp lied, and for
tlie ac. ond offence shall be deemed unworthy of
being a student, and shall be expelled.
Stilly. Any student, concerned hi gaming du
elling, shall lie furthwitu expelled, u>d into, m .
lion ot i ven expulsion shall no communic-.U-d to
all other colleges in i <* United States. The ,-)V
tence of expulsion, with the reasons ■' refor,
shall be immediately published in some paper, e.
dited in Richmond, for three sir < • a ae werks
1 ne parent or guardian of every .stidem, wh<.
may be censured, susp- utyd or expelled, shall
also In- notified of the same, and a copy oi the
proceedings, in each case, shall be transmitted
to shell parent or guardian.
9lhly; Students shall be compelle 1 to attend
lecture; and in no iustanee, shad .ib-ent them
sclyes, without tlie consent of the professor lec
turing, except in case of sickness. Nor sli ill
permissions of absence We allowed by any pro
fessor in term time, unless at the desire ot' the
parent or guardian s g iitie.d in .. a.ug.
10i.li. No Student shall lie subject t > censure
more than once. Suspension for the r rnam tr
ol Hie course or expulsion, as* th.* cas.*. in..) be.
sliaM always succeed the repevtion of tin of*
fence, for which the censure bus la*, , passed, or
any otuer actol violation of the Rules of the Col
lege.
11th. After the violation of any italu’e, ride or
regip »tion, by any student, tlie society shall pro*
cec ■ to inquire into the case, and ‘apply t ie
punishment, although lie may have absented
himself
ljtli. There shall be two public examinations,
in each year, one as heretofore,, on the second
Tuesday in February ; the other shall com
mence six tlay previous to the fourth clay of July.
13th. Any student who shall be absent, tram
public examination, unless lie be prevented, by
sickness, or oath tbe permission of the society,
to be absent, wliioli permission snail he granted
only in cases of urgency, snail be expelled.
14t i. Let the President examine the stu
dents ami scholars in presence of the rtf; ac
tive Professors Gibers, once in every three
months, or on-ner, it he shall deem it necessary,
i ami also, apart from the Professor or Usher,
onre in every six months, in order that the Pro
| feasors, as welt as stud'-u's and scholars, may be
kept more stri-tly to Ihei. duty,
i 15th. Any student, failing to perform the du
ties required of him, in any school, which he
may attend, shall he admonished by the Profes
sor of such school, or Ilia Giiiure shall he report
led to the society, at it., c meeting on the sue
I reeding M mday :—H"i the Professor shall not
admonish the same •••■ •ion, more *.Jiht» once. In
t e second instance of failure, it-shall be his duty
to make report to the society, who shall ccnsurs,
suspend, or expel, as tne case mn_. require
16th. No student, after ike second examinati
on, in the first vear of his .dtendaue, shall be
permitted to return t<» college, unless he shall
ostam, cither i vote of approbation of his atten
tion, to his studies, and of his moral demeanor,
from tin: President and Professors—ucopy ol
which, shall oe furnished to the student approv
ed, if required, or unless a special license to re
turn be obtained, it uing the reasons for granting
such license, a copy whereof shall he lai l before
; the succeeding convocation.
17l*i No person shall be permitted to contin
ue a student after the second year of bis attend
ance, unless she shall, at the end of such as
cmul year,or before, obtain a d?gr:e of llalcli
lor of An* : Provided, That at the end of sur.li
second year, the President and Professors, ma\
permit such student to attend tt.o lectures on
the i|so..i terms, if they be of opinion his attenti
on and moral demeanor deserve such pcnr.isdoii
Iktli. No Professor shall absent himself from
coll: gc .during the time* prescribed for Lectur
ing, nor at th • same time, of poolic examin .tion
or « xeroses ; ami every professor is her-by re
quired, respectively to examine tne students ol
bis class or classes, at every such public exami
nation, and, also at every Lecttira.
lyth. All the Professors and Students shall at
tend chapel, and there demean themselves in *
manner suited to public worship.
<J(Hh. No person shall he admitted, as a stu
dent, until he s tall have made, in presence of the
President ai d Professors, the following dec,l ira
t in “1 (knowledge myself to b- i student ol
VVilliam an.i M try College, ajid promise that I
wdl observe And keep all the St'imtes, Rules an'l
Regulations, <>♦ i iid College.” To Which declar
Uion lie shall subscribe his n/.w-, in a fair an
legib'e band, in a book to be kept lot- that pur
pose.
6’fcy>/. Tlflff,
W*. RVSiiiLL, c i.
Sept. X. wiw
-
r IROINIA At a Superior S -.u t «,,* ZAus
rery» h iUlen at the Cxp:i«»', ni ...cU tioncll
Jinx* 18U9.
PluMp M Attorney General, os be*
ball ot' the Common wealth of Virginia, P'.t'ff. a
gainst I.ucy Price, relict of Win Price, register,
dec’d. amt Wm. I). James Alexander, Job i »;Ae.
vie, and Anne }*r ice, in lam heirs of *V *>. l*r>c%
j dec’d. by Win. Duval, their gtiardi n, and tlie
will Wm. Duval, administrator of Wiu.ii.ce,
dec’d Dcf'tt.
Philip Duval, Pir.iiitijf, against the stone De~
fctulantt.
I lie Mutual Assurance Society against Fireo*
buildings in the state cf Virginia, Pit'ft against
the sauit, Dcf'tt. M
And—
Wm Marshall and Thomas Taylor, gucfdiant
of Eleanor and I.avinia Dandridge, orphans of
W in Dandridge, dec’d, Pit'ft. against the sum*
Dcf'tt.
TI15SE causes, by consent of parti*?*, rrer#
this day heard together, on the bills, answer, ex
hibits, ami report of commissioner G-eenhowg
msde in tne second suit, which is substituted, uy
consent, in the other causes, ami were argued by
counsel ; On consideration whereof, the court,
I>v consent ol parlies, doth adjudge, coder and
decree, that John Prosser and VV m. Mon.ure, or
cither ol them, who are appoint*.! cour'..ssi..ii
e:s n>r tlu.l pm pose, «lo*r having ;«<iv<?r.|-i*d the
time ai d place ol •»ale for thirty *.1 a\ >, in two of
l lie news pjpi-m printed in t!ie ritv nf iticJimond,
d » ex use to s:ue, . i. Public Auction, upon me
premises, the loilmvmir
I* A N D S,
Of the Estate of the iiiles>st~ Wm. p.-ice, late
Register, namely : Twn-thir I.; ol t vo Lotirs
.he city of Richmond, known and di-iingiinmed
in the plan 6t the said city, by me numlim live
hundred and twenty-seven, and live hundred and
eigid, lying »n the mam sired, winch were pur
chased ol Alexander (,£uarrie.r, am. adjoining liia
present residence : Nine vc'aiu Lots in the said
i:ity, near the tenement of Joseph Jackson, and
distinguished by the numbers-;
a Mouse and Lot. on the main street of tshockse
If ill, near the brick budding of I'lxmins Wiiite,
commonly esiled the illue House, and which the
intesu te pur. nasedol Joint Bretain : Three hun
dred and fitly acres ol Land ijimrc or less) in the
county id Goochland, adjoining die Ian Is of Ro
oerl 11. Saunders: Two hundred and eighteen a
cres (moi>*or less) and eighty acres of coal land,
both lying on Deep Run, in the county of Henri
co : Three hundred and fifty acres on the Rich
mond Turnpike, siluMed about three .«nd a half
miles from Richmond, being the farm formerly
occupied by the intestate, and now by Peter Wil
kinson : And ten Shares in the Richmond Turn
pike Company, or so much there >f, as shall b*
aumtitiu u# SHIMy UIC piailtUHS, III UUZIV »^Sp«C
(ive claims, with interest thereon hom the .luv ot'
sale, in the order, and on the terms following, t*>
wit: 'Vosatisfy the Commonwealth oi V" ,>initt
two thousand eight i.und ml and to ty-livedol
lnrs and ninety two cents, wi.h interest from that
first day of October, m the year one li.n.icuinl
eight hundred and eight, with costs of suit and
experors of the sales hereby directed, winch
asies .all be made on twelve m .nilin rreuit, ill*
po,-. baser or pure ha .era paying interest t-oni the
da1,*, u-.d giving bond v. in mi me tent afeumy,
p»y« le to the treasurer, for the time being, or
oi» »ur.cessci-» in office ; which bond or bonds
siikll he delivered to toe Auditor of public ac
counts, by the said commission: ; : To satisfy m
the nr *.t pUc.e, JVi '.p lJuval, the sum otiwelvtt
h'.iiuir 'i 'h e x with iiiificsi from liie twentieth
il iyof November, Itjjd, :.iid costs of su.t, with
toe e*p.»ii;.e.s oi n.i- s.drs hereby direr, .d, winch
•'okit e in..ue on six in,tilths credit, die pumta
i sei wi-puiclL.seis executing a note or notes, nc
j gotikole utd payso c ii. tor oank of V.igmia, with
i kpprov«*d «.ulors' . , and tin* not" i>. notes so la
, ltr“ such sum as sli <11 he .pul to me said Phi
i lip lJm ,<i s elkihi, w nli nuen st until such note or
! n‘»l« s khuti become nue, he delivered to the said,
i i ioi:p loi|\at, I>y toe Saul Comm.s>i liters : To sa—
i tisfy, in (lie third place, the Mulu.il 'As.uiaiico
So: iciy, against Fire on buildings, in the state ol'
Virginia, tne sum of two ti. Us.uid iwo !n|idred
and seven dollars and fifty cents, with imeSeston
two thousand and niiscty-f.iir dollars and five*
cenlb, from die hist day ol the present month, and
the cost , d suit, with ioe expcnces ol the aale»
hereby directed, wntch sale snail be nude at 13
months credit, the purchaser or purchasers exe
cuting a note or notes negotiable :itul payable at
loe oa.ik ot Virginia, witu approved endorsers,
, fur swell sum as shad be espial to toe principal !c
interest ol'the s.ud society’s claim, until the said
, Mute or notes shull become due, and costs of suit,
which su. 1 note or notes shall lx- delivered toth*
principal agent of the said society, for the lima
; nruig : And to satisfy, m the l ist place, the plain
idi* William Marshall tud Thomas Taylor, tho
••"not fourteen hundred dollars, with interest
1 from the first day of tue present month, wills
co-ds ot suit, and expenccs of the sales hereby
diiesteil, which sale shall hu made on a credit ot’
two years, the purchaser or purchasers executing
. b *nds with approved security, hearing mlercstt
i (. uni tlie date of the sale, the s ml bond or bond*
i to he delivered to the said M.u ball and I'ayloi* ;
and the court doth further adjudge, order and
decree, that the suul commissioners, or the one
who may act, report their proceedings to ;h*
- urt: As to the dower of tlie defendant Lucy,
in tlie property iiirected to he sold, liie * uurt will
it tlie parties ceisent, at a future lay, proceed to
make compensation to her, out of the other land*
of t ie estate of the cicrsUte : And Uoerty i»
reserved '<> the infant defendants to she w (i,uso
against tins decree, at any time within six month*
alter tiny shall severally attain the age of twin
1 ty-iuie years ; and by consent of the parties in
j tiie last suit, t ie court doth order the delen
•l.uu Win. Duval, to make up tlie accounts of that
intestate as guardian of Laviuia and Eleanor
Dandridgc, now wards of the plaintiffs Taylor
and Marshall, before one of the commissioners of
the c net, who .s ordered o examine, state, set
tle and report loe s .me to the court, with any mat
ters required r>y tlie parties or Jecmed pertinent
by hiinscit
t A Copy. ‘Teste,
PETER TINSLEY, c. «.
IN Conformity with tlie foregoing decree, -we
•h ill, or one ot ns, proceed to sell on tlie Promi
ses ; On Tuesday toe l~lh Inst, at 11 o’clock,
—the Lota mentioned in said Decree :_The
H uc House will be sold subject to the possibility
of the Dower of Mrs. Hrt.ain—and imni r.iiatelv
after the Sale of 1 lie Blue House Wdi tie sold
ten Share* m tlie Richmond Turnpike Company :
—also mentioned in said Decree :—And os
Wednesday the lean Inst, will be sold on the
Premise* : that beautiful Seat in the Cour y of
) Henrico, called Chautille containing 3r'0 acres,
1 or so much thereof, as will be sullici nt to satisfy
lii • Plaintiffs in their respective claims, with in
terest thereon from the lisy of sale.
JOHN PROSSER,? ... . .
Wm. MON CURE. 3 C<,7nm,u:inrn.
Oct 6. tds
N. If. The Ssl«* of the Lots adjoining Ctrl.
I Qiiarrfer’s was lormei ly l or bid den, but the title
j will now b»* guaranteed to Ike puchase i s
A CAR1h—DOCTOR LEWIS, lately from
I x the West-Indies, has opened hu Oliice, at
Manchester, in the house of Mr L Bunnp, for
] flic practice of Physic, Suryery, and Mi'hciJerj.
| He hopes from his success and experience, te
’| merit tlie patronage ef a litieral public,
j N B. Private families may he supplied with
i Medicines, with suitable directions. Advic**'
I for the p tor, ^rut/f.
Setnpiember 26. tf
C* Mi.tii’iii’.IAiN Mll.l.i-Tlie su!;*rr,5
/ having ,.urf!i.s -d the Colombian Mihr,!
k* ivc i > inform the pubhe. they »• »• g vin * c,. h l; *
Wires*, and Corn. 1\ DAXMALL ir L>
l So i(«mbs4‘ 5. el'