CASE S

ARGUED AND DETERMINED

IN

THE COURT OF KING'S BENCH,

IN

Hilary Term,

In the Forty-fifth Year of the Reign of GEORGE III.

1805.

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 THOMAS MANNERS SUTTON, Knt. his Majesty's
Solicitor General, who was thereupon called Ser-
jeant; and gave rings with this motto, Hic ames dici
pater atque Princeps.

VICARY GIBES, 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 Wales,
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 Chester.
WILLIAM ADAM, Esq. who was before Solicitor Ge-
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 Majes-
ty's Counsel, learned in the Law.

VOL. VÍ.

B

REGULA

[2]

1805.

The granting of dav-rules to prisoners in the

K. B. prison

is the discre

tion of the

Court on application, the same as before

but prisoners

out upon such day-rules must

fore 9 o'clock

in the evening.

REGULA GENERALIS.

Hilary Term, 45 Geo. III.

WHEREAS, by a Rule made in Easter Term, in the 30th
Geo. 3, it was, amongst other things, Ordered, “That

during term, is no prisoner in the King's Bench Prison, or within the rules
thereof, should have, or be entitled to have, day-rules above
three days in each term." And by another rule, Michael-
mas, 37 Geo. 3, it was further Ordered, " That, notwith-
E. 30 3;
Geo. 3 standing the said thereby in part recited rule, if any person
in the King's Bench Prison should thereafter state, by affi-
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
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 much of
the said first-mentioned rule 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the whole of the said last-mentioned rule, be repealed and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 much 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 nine o'clock in the evening of the day for which such
rule shall be granted.

[3]

Thursday,

Jan. 24.

of the disho

By the Court.

DARBISHIRE and Another against PARKER.

Where notice THE plaintiff's declared upon a special agreement by the defendant, to guarantee the payment of certain goods, which, on the faith of such guarantee, they sold and deli

nour of a bill of exchange by the acceptor in London, was

sent by the post to the holder in Manchester, where the letter was delivered out between 8 and o'clock in the morning, and the post went out for Liverpool, where the drawer lived, be. tween 12 at noon and 1; and the holder did not send notice to the drawer by the post, either of the same day or the next; but sent it in a letter by a private person on the latter day, who did not deliver it to the drawer till two hours after the post delivery, 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 own by his laches; for whether reasonable notice be a question of law or of fact, or whether the general rule of law require notice of the dishonour of a bill to be sent to a party living at another place by the next post after it is received (by which must be understood the next practicable post, in point of time and distance); and whether four hours between the coming in and going 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 written by the post of the next day after notice received by him; and ought not to have delayed the receipt of notice by the drawer until after the arrival of the next post, by sending the letter by a private hand. *

vered