Star. — London, England, 1830-04-07 00:00:00

11 Just published, in £ vols. foolscap two. price 12s. if 1H APTERS on CHURCHYARDS.- liy , he Authores. of " Ellen Fitzarthur, the Widow's Tale. Solitary Hours. ace." Originally published In BLACKWOOD'S EDINBURGH MAGAZINE. Printed for William Blackwood. Edinburgh ; and T. Cadell, strand, London. Lately published in foolscap Oro. price Ss. 6d. in boards, the Second Edition of R ECORDS of WOMAN, with other POEMS. By FELICIA HEMANS. Printed for W. Blackwood. Edinburgh; and T. Cadell, London. Of whom may be had, by the same Author, The FOREST SANCTUARY, with other Poems. The Second Edition, with additiona,in foolscap, livo. price sa. 6d. in hoards. MR. ROSCOWS HISTORICAL WORKS.. Just published, handsomely printed In Four Vols. Bvo. price 2/. Ss. in boards, the Third Edition, corrected by the Author, of I. 91HE LIFE and PONTIFICATE of LEO the TENTH, with Additional Obsenrations on the Cridciams and Re marks of the German, Italian, and French Translators, of the Work. THE LIFE OF LORENZO DE MEDICI, Sixth Edniiill, Corrected by the Author, lately published, in 2 vols. Bvo. price 11. 4s. In boards. ILLUSTRATIONS of the LIFE of LORENZO DE MEDICI, In I vol. svo, ornamented with Plates, price 14$. in boards. Printed for T. Cadell, Strand, London ; and W. Blackwood, Edinburgh. Just Published. in Five Volumes octavo, price £3 in boards, A new edition, with a copious Index, of THE HISTORY of the CHURCH of CHRIST. By the late Rev. JOSRPH MILNER, A M. With Additions and Corrections, by the late Rev. Isaac Milner, D.D. F.R.S. Dean of CarUsk, and President of Queen's College, Cambridge. ••• To the above Work a copious Index has now been first added, which may be purchased separately, to complete former editions, price se. 6d. Printed for T. CadeU, in the Strand ; and W. Blackwood, Edinburgh. Of whom may also be had, by the same Author, PRACTICAL SERMONS; to which is prefixed, an Account of the Life and Character of the Author, in two volumes, 4s. in boards. Just published, In Two Volumes evo. price 18s. in boards, the Sixteenth Edition of THE ELEMENTS of CHRISTIAN THEOLOGY; containing Proofs of the Authenticity of the Holy Scriptures ; a Summary of the History of the Jews ; a brief Statement of the Contents of the several Books of the Old and New Testaments ; a short Account of the English Translations of the Bible, and of the Liturgy of the Church of England ; and a Scriptural Exposi tion of the Thirty-nine Articles of Religion. Designed princi pally fir the Use of Young Students in Divinity. By GEORGE TOMLIN& D.D. F.A.S. Late Lord Bishop of Winchester. •.• The first Volume of this Work, being an introduction to :he Study of the Bible, is printed separate, In 12me. 61. in boards. Printed for T. Cadell, in the Strand; and W. Blackwood, Edits- Of whom may be bad, by the same Author, A REFUTATION of CALVINISM ; new Edition (being the 7th), 8,0. price 12s. in boards. HOUSE AND ESTATE AGENCY OFFICES, No. 57, CONDUIT-STREET, REGENT-STREET, AND No. 93, BISHOPSGATE-STREET-WITHIN._ HENRY L. COOPER, grateful to his Friends and the Public for the very distinguished patronage conferred on his House in Bishorgate-street for a period of nearly half a century, feel% himself called on by the increasing Interests entrusted so him in his Agency Department, to meet the views of his Friends, by affording those facilities hitherto unattempted by any, and embracing at once the whole of the Western as well as the Fastern parrs of the Metropolis, he has consequently established an Agency Office at No. 57, CON DUIT-STREET, REGENT-STREET, In connection with the original Cabinet and UpholsteryManufaetory in BISHOPSGATE-STREET, presenting to the Fashionable and Commercial World the imposing advantage of registering their Properties in Two situations, the MOIL eligible in their respective localities, and commanding the attention of Capitalists. Sales effected by Auction, Appraisements, Ste. A STOCK of Splendid LOOKING-GLASSES, of euperb dimensions, and in frames of corresponding maguiliceme, are con tinually ma sale at both the Establishments. No. 57, Conduit -street, Regent-street, and No. 93, Bishopsgate-street Within. ANTICORROSION LITH 10, PAINT, mom- I mended for Painting Stucco Fronts that are thoroughly dry, as well as for Painting rough out-door Wood or Iron work. It is decidedly cheaper than most Oil Colours, is more durable, and may be used by any common workman. Sold either in Stone or Lead Colours. Manufactured by FRANCIS WHITE and FRANCIS BRO -1 HERS (Patentees of Hamelin. Mastic), Nine Elms, Vauxhall. DAY AND MARTIN'S BLACKING. THIS inestimable Composition, with half the usual labour, produces a most brilliant Jet Black, fully equal to the higheat Japan Varnish, affords peculiar nourishment to the leather —will not soil the finest linen—is perfectly free from any un pleasant .mell, and will retain its virtues in any climate. Sold Wholesale at the MANUFACTORY, 97, HIGH-HOLBORN, And Retail throughout the Kingdom, in Bottles, Pots, and Tin Boxes at 6d. is. and is. 6d. each. GELL'S DA LBY'S CARMINATIVE EFFECTUALLY removes those alarming disorders of LA the stomach and bowels to which children of all ages are so liable. In the Colic, and similar affections of adults, it often cures whvo other tlleatlS fail. During the last Fifty Years, this popular Medicine has met with a very extensive sale ; this has led to its being counterfeited. Parents are seriously cautioned against these deleterious prepara :tom, which are now commonly offered for sale. The only criterion of its being the (higinal and Genuine " DA LBY'S CARMINATIVE; is its having the name " F Newbery," engraved in the Government Stamp on each bottle, price ls. 9d. Sold by F. Newbery and Sons, 45, St. Paul's Church-yard ; J. Sanger, 150, Oxford-street ; Hawkins, Bond-street ; Weatherly, Ilridge-street, Westminster ; Lewes, Tottenham-court-road ; Boteright, Islington ; and the respectable Venders of Medicine in the Country. ••• Ask particularly for' Gell's Dalby's Carminative." V UMEROUS FRAUDS having been practised on the Public by unprincipled Shopkeepers, in imposing base imitations of NI AC A SSA ft OIL of injurious qualities, instead of the Genuine, A. ROWLAND AND SON, Sole Proprietors of the Genuine, desirous of protecting the Public trom Impositions, respectfully solicit Ladies and Gentlemen, on purchasing, nut to take any without being inclosed is a Pamphlet m a wrapper, signed on the Label in red, " A ROW LARD AND SON, 40, Hatton Garden," Counter►igned' ALEX. ROWLAND.' Price 3s. 6d. 7s. 10s. 6d. sad 21s. per bottle.— All other Prices, er without the Wrapper, are Counterfeits. This Oil is composed of vegetable Ingredients, which preserves the Hair to the latest period of life—promotes,a luxuriant growth ; Produces lasting and Beautiful Curls, which damp weather or exercise cannot affect ; renders Hair that is harsh and dry, soft, gluasy, elegant, and beautiful, is nvuabl in the Nurse, 'a due attention to Children's Hair is of i th e gre at est Importanc e; Produces WHISKERS, EYEBROWS, Sm. ROWLAND'S KALYDOR, *blab possesses properties of surprising energy, in producing deli cate W HITE Nscx, Hamm, and Amu, and imparting a beautiful Bloom to the Cossrazzion. Its soothing and ameliorating properties immediately allays the 'marling writibility of the skin; removes Cutaneous Eruptions, and prod uces a beautiful complexion. It affords soothing relief to Ladies nursing their offspring in healing soreness; and Gentleman after shaving, will find it allay the smarting pain, and renders the skin smooth and pleasant. Sold in Half Pints at 4s. 6d. each, and Pints at es. 6cl. each. CA UTION. To prevent imposition, and by authority of the Hon. Commis '4'3oets of Stamps, the name and address of the Proprietors is en graved on the Government Stamp, affixed on the cork of each genuine bottle, A. ROWLAND and SON, 20, HATTON-GARDEN. The Genuine is sold by them, and by most Perfumers and Me dicine Venders. burgh. tb N°• 13,142. WEDNESDAY EVENING, APRIL FROM THE LONDON GAZETTE, April 6. C ROWN OF ICE, Aram 6. M ember returned to serve in this present Parliament. City of Cork.—Daniel Callaghan, $141.. in the room of Gerard Callaghan, Est. whose election has been determined to be void. DECLARATION OF INSOLVENCY. Gems Selma; Somers Town Terrace. master mariner. BANKRUPTCIES SUPERSEDED. Fowass, Damn Euston-square, builder. Jamas, Lasaaus Gloucester-place, King's-road, Cbelsea,broker. BA NKR UPTS. COLA, WILLIAM, and Voairr, Karon: Rome. Suffolk-lane, Can non-street, hop-merchanu, to surrender April 20, at twelve, April 30, and May la. at eleven, at the Court of Commissioners. Attorney, Mr. Stephenson, 4, Paternoster-row. Jones, Groaas, Tenterden-street, Hanover-glare, livery-stable keeper, April 16, 20, and May 114 at tau, at the Court of Com missioners. Attorney, Mr. J. Baster, 3, Sire-lane. THOMMNIM, CMAILLIS, Earl-street, /3bckfriars, bookbinder, April IC at ten, April 22, at twelve, and May IS, at ten, at the Court of Commissioners. Attorney, Mr. Wettlg, Duke -street, Port- land-place. Rosins. Jamas High-road, Knightsbridge, victealler, April ST. May 4, at nine, and May is, at ten, at he Court of Commis sinners. Attorney, Mr. Clayton, 18, John -street, Bedford-row. Ihumawoos, Flamm, Coventry, grocer, April 14, IS, and May is, at eleven, at the King's Head Inn, Coventry. Attorney, Mr. J. Byrne, Exchequer Office of Pleas, Lincoln's Inn, and in, Cook's -court, Serle-street, and Messrs. Carter and Dewes, Coventry. lkaxer.wr, Txosus, Bath, haberdasher, April 26, 27, and May 18, at twelve. at the Castle and Ball Inn, Bath. Attorneys, Mr. Simpson, 5, Furnival's lon, and Mr. Brokenbrow, Bath. Cr.aax, Joan, Blyth, Northumberland, miller, April 16. at eleven, 13, at one, and May 18, at eleven, at the Half Moon Inn, New castle-upon-Tyne. Attorneys, Mr. G. Dunn, No. S, Raymond buildings, Gray's Inn ; and Mr. W. Wilson, Newcastle upon- Tyne. &meson, HANNAH, Warmfieldcum Heath, Yorkshire, boarding house keeper; April 16, 17, and May 18, at the Sessions House, Wakefield. Attorneys, Mr. J. Scott, 16, Lincoln's Inn-fields; and Mr. Thomas Taylor, Wakefield. Salmon, Joust, Banbury, Oxfordshire, miler, April 16, 17, at eleven, and May 18, at two, at the Red Lion Inn, Banbury. Attorney, Mr. Benjamin ApUn, Banbury. Fox, Jonas, Margate, merchant, May 1, at seven, 3, and 18, at twelve, at the Royal Hotel, Margate. Attorneys, Mr. T. Cobb, Margate; and Messrs. Cook and Hunter, No. 1, New Inn. Pence, WILT-um, Sunningwell, Berkshire, lime-burner. April 16, at six, 17, at ten, and May 18, at eleven, at the Lamb Inn, Abingdon. Attorneys. Mr. C. Ford, 35, Great Queen-street, Lincoln's Inn-fields; and Mr. 'Thomas Frankum, Abingdon. DIVIDENDS. April 16, S. Gmrarrx, Birmingham, merchant, at eleven, at the Court of Commissioners, London—April 27, W. Giles, Harp-lane, Thames -street, victualler, at eleven, at the Court of Commis. Boners—April 27, F. Z. Hirschfeld, Rotherhithe ' merchant, at eleven, at the Court of Commissioners — April 27. W. Llewellyn, Fenchurcb-street. merchant, at eleven, at the Court of Commis sioners--AprU 27. W. Brock and B. Le Meunier. Warnford-court, Thrognunton-street, merchants, at eleven, at the Court of Coat missioners-.April 29. J. Wroe, sea. J. Wine, jun. and T. Wroe, Bradford, Yorkshire, worsted spinners, at eleven, at the Sun lon, Bradford—April 20. J. Beattie, Portsea. Southampton. victualler, at twelve, at the Quebec Tavern, Portsmouth... April 29. T. Peirce and D. William. Mertlayrtidvil, Glamorganshire, bankers, at twelve, at the William.. Inn, Menhyrtidviln-April 25. G. Elliott, Foleshill, Coventry, ribbon manufacturer, at one,at the King's Head Inn, Coventry — April 2s. W. Newbold,. mousy, ribbon manufacturer, at eleven, at the King's Head, Inn, Coventry—April 29. G. Eyre, Coventry, ribbon manufacturer, at one, at the King's Head Inn, Coventry—April 29. B. Troughton, Coventry, banker, at three, at the King's Head Inn, Coventry. CERTIFICATES—Aran 27. J. Bowmar, Goltho, Lincolnshire, farmer—W. Graham, Bristol, linen draper—J. Welsh, Manchester, publican—T. Stone, Wed nesbnry, Staffordshire, innkeeper—L. Lee, Chorley, Lancashire, cotton manufacturer—J. Phillips, Bristol, builder—R. Smith, Preston, Lancashire, muslin manufacturer—J. W. Soppet, Greek street, Soho, linen draper—T. Whiteleu, Cross -street, Ashton upon-Mersey, Cheshire, rectifier—T. Shapley, Bath, grocer—J. F. Bennallack, Truro, Cornwall, scrivener—D. F. Tayler, Mansfield street, Borough-road, engineer. PARTNERSHIPS DISSOLVED. R. Faulkner and T. hi. Lester, Newcastle-under-Lyme, silk throwsters—D. Gowdie and Co. Glasgow, silk manufacturers—S. Smith and C. Smith. Derby, brush manufacturers—O. Jump and Co. Liverpool—J. Russel and G. R. New, Ramsbury, Wiltshire, attorneys—R. D. Hanson. and R. Stewart, jun. Philpot-lane, attorneys—W. Dalby and T. Dalby, Old Ford, Stratford Bow, felimongers—J. Parnell and F. P. B. Picktborn, Better-street, Sr. James's, surgeons—J. Hebden and W. Hebden, Halifax, York shire woollen cloth manufacturers—W. L. Parsons and J. Bud gett;Paulton, Somersetsbire, retail brewers—J. Yates and J. Wall, Manchester, iron merchants—F. F. Gibbs and S. Kyd, Stepney Green Terrace, ship brokers—R. Morrison and J. Morrison, St. Paul's Church-yard, tailors—T. Smith and J. Smith, Ashborne Derbyshire, tobacco manufacturers—Stevensun, Maitland, and Co. Rotterdam, commission agenu. POLICE INTELLIGENCE. BIANM(WUSE. Yesterday an exhibition of great profligacy was made in the jus tice-room before the LORD 31AY011. John and Anne Perry summoned the overseers of the parish of St. Margaret Pattens fur having refused to give them a weekly al lowance adequate to the wants of themselves and their five children. The mother complained that her children were actually starving, and the father declared that he could earn nothing in comparison with their necessity. The parish officers said, that such a pair never lived in that or any other parish, as this father and mother. Every halfpenny they received was immediately converted into gin, id and neither of them, even for a nenment, thought of giving to their children. There was another man iu " Co. with Perry, as regarded the wife, so that it was impossible to say who was the father of the children. The parish of course felt great com passion for the children, who were literally worn to the bone, but they bad ceased to give the means of relief, as those means were at once turned into quartcrns of the beloved liquor. The husband said, the cap fitted his wife exactly ; but as tor himself, i.e could never afford to drink. He used to give her money to buy victuals for the family, but it soon slipped down her throat, and the children often cried for bread. The LORD Potairon.—But who is the man that divides her per son with you ? Is he the father of half the children, or how is it ? The husband said he really could not say. His wife had takcn a fancy to the man, and all he could do was of no avail in separating them. - - The wife laughed at hearing the chine of infidelity. It was all she said, a piece of groundless jealousy, produced in her husband's mind by the quantity of gin he drank. This gave her great uneasi ness, and the pain she suffered was called by evil-minded people drunkness. (A laugh.) She was a hard-working woman, but her husband was fond of indulgence, and as lazy as the d--1 himself. She therefore was obliged to look to the parish. The LORD MAYOL-But who is this other man who claims a sharellof you ? You seem to be fond of indulging yourself. (Laughter ) The husband.—l assure you, my Lord, that I gave him a severe beating the other day, for being on the bed with her. But when 1 came home in the evening, I not only saw this man, but another with her. Now that was going too far (appealing to the whole mon'. The LORD MAYOR—No wonder that the poor children were al most lost when they had such protectors. The officers said, that each told the truth in accusing the other; but although the wile was the common property of two men, her husband encouraged her prostitution. " She came," said they, "a druilta f n day or two ago, and said the five children were starving. We awe her 2s. to buy bread fox them at once, and told her to call at five o'clock in the evening. At six she came reeling and when we went to look at the children, we foend them all lying on a mat to keep each other warm, and the eldest child told us they had not eaten a morsel the whole day." The LORD MAYOR said he did not know what to do with such an unnatural pair, but it was evident that the poor Innocent children, 1 if left with them, would perish. 8:10. PRICE 7D. APPEALS. ALL•RDICC AND ANOTiall i. ROSERTSON....-JUDGMEKT. An appeal from a decision of the Court of Session in Scotland : The respondent, a shoemaker, was summoned before the appel lants and others as a court of justices ' on a charge of poaching, and having been convicted of shooting a hare, be supplicated the mercy of the court, on the grounds that he was the only support of two aged parents ; upon which one of the justices said, that he was a, notorious poacher. Mr. Allardice, the appellant, said, "I do not think the defendant deserves any mercy, ail am intimued. that he- sides being a poacher, he is a thief; that he has been known to steal bee-hives and leather, and that Mr. Boswell (the other appel., hint) knows this to be true; upon which Mr. Boswell said, " I cannot say as to the hee.hives, but I was infomted by a respectable fanner, now dead, that be stole a quantity of leather." Respondent wwpcondemned in the penalty of 20L, the highest yerelty the stow tees were empowered to inflict by the statute. Respondent subsequently brought an action against the appellants for this injurious attack on his reputation, and got damages to the amount of 2001. against the two jointly. A Hew trial was obtained, on the grounds of the damages having been given conjointly, al though the justices had been charged with several acts of defama tion, and the jury gave 1601. damages against each. Front this ver dict the justices appealed to the Court of Session, where the verdict was confirmed. From this last decision, an appeal was brought to the House of Janda. Mr. Serjeant SPANILIE, (with whom was Mr. Brown), for the ap pellants, contended that the action was not tenable, as the words complained of were uttered judicially, at a time when the character of the respondent formed a pertinent and necessary subject of discus sion. There was no instant.: on record of a magistrate having been held responsible in a civil action fur a mere opinion delivered from the bench In a discretionary platter, without any proof of malice. They cited the case of " Hoggart v. Hope," an action brought by a barrister against a judge, for defamatory expressions used by him on the bench, in which, tin an appeal to the louse of Lords, it was de cided that an action for damages would not lie against a judge for allcdged defamation, committed by him in the discharge of his ju. dicial functions ; but an application to Parliament or to His Ma. imp to dismiss him, was the proper remedy. In the cue of Daniell v. Ferrand," 6 Barnewall and Creswell, Lord Tenter. den said—" An action would not lie against a Judge of record for matter done by him in the exercise of his judicial functions, or against an inferior Justice for an error of judgment, so long as he kept within the bounds of his jurisdiction ; but," observed his Lordship, " corruption is another thing, as also are neglect of duty and misconduct in it ; for, in such cases, there is, and. I trust there always will be, some due course of punishment by public prosecution." It was evident from the words alkove stated, that in Lord Tenterden's opinion, a civil action would not lie against a justice for any thing done in his judicial capacity. The case of " Soames v. Bernardiston," (Iloreard'e State Trials, page 1096), decided before Lord North, and the authority of Hawkins, ( l'kas qf the Crown, book 2, chap. 13,) were cited to show, that though magistrates were punishable by a civil action for misconduct in a ministerial capacity, they were protected from civil responsibility for any thing they did judicially. It was the duty of the judge who had tried this cause, either to nonsult the re spondent, or to tell the jury that their verdict should be for the jus tices, as the conduct complained of came within the principle of protected communications, which had always been held unactiona. ble, and respecting which it was the province of the judge, and not of the jury, to decide. For the respondent, Dr. LUSIIINGTON and Mr. DUNDAS con tended that the case of " Haggard v. Hope" was applicable to jus tices of a supreme court only, and did not militate against the relevancy of this action, against an inferior justice. There were various instances (2 &wasteful', 1162) of actions brought against magic rates for malicious conduct in the discharge of their duties, In this Instance two several juries hail found that the justices had, through malicious motives, transgressed the bounds of theit duty. A case (Adye on Courts-martial, p. 64,) where a lieute nant in the marines was tried by a court-martial in 1743, for diaobe. dience to his captain's orders,and condemned to suffer an imprisonment for 16 years. On his objecting to the order, he was brow-beat by the Court with curses and imprecations, for which he brought an action in the Common Plena. and obtained a verdict against the members of the Court martial—Damages 1,0001. The authority of " Blackstone," and others were urged in support of the action ; among others Baron Hume, says, "It is not the corruption of a judge that falls ender the statutes, but his partiality also, for a refusal to do justice, nay, he shall be answerable, though he be not actuated by enmity towards any individual, if his proceedings amount to gross malver. sation, and show an arbitrary, imperious, or greedy disposition as a judge, such as lead him unduly to stretch the powers of his ogee, or to employ them capriciously towards the gratification of his humours, or the increase of his consequence or emoluments." In conclusion, the language here made use of was wholly impertinent to the mettle at issue, and injuries arising from the defamatory language a a judge were analogous and similar in principle to those caused by other mulversations. Lord WYNFORD observed that this was a case of great import. ance ; involving the independence of magistrates in the administra. tion of justice, and the protection to which the lower classes were entitled, from the effects of the malicious and atbitrary conduct of magistrate'. The question was, whether a magistrate was respon sible in a civil action for words uttered by him while acting judi cialy, with a malicious intention, even though no injury had been sustained in consequence. He thought the independence of magi?, trues would be sufficiently consulted by protecting them in all cases where discretion was exercised and malice not proved. The principle which governed all the decisions which bore on this case was, that to make a justice civilly responsible, it was essential to prove that he had been actuated by malice. It had been ruled in the highest criminal cues in this country. that gross judgments proceed- 1 ing front ignorance were not punishable. In the case of " Haggard v. Hope," Lord Clifford did not make any distinction between su. l preme and infetior justices. Ile (Lord IV.) thought it essential to the administration of justice, that judgcs of a court of record could nut be made responsible before their equals for their conduct on the bench. The House of Lords were the potter guardians of the due administration of justice, and the fitttst place to arraign the mis. conduct of a judge. But though he thought a judge should not be held responsible in an action at law for his conduct on the bench, a magistrate or inferior justice should be liable in a civil action for corrupt and malicious conduct; and the authority with which magistrates were clothed, instead of being a protection, gas an aggravation of the oflimee. It was usual fur judges in the Court of King's Bench, in passing judgment on any petton for a cri. urinal offence, to take into consideration his previous character; and he thought, on a similar principle, the justices in this case were per. ft ctly anew:A in considering the previous character of the respond. cnt, in parsing sentence on him. If the words complained of were impertinent to the cause Mere the Court, it would be competent for the jury to return a verdict against the justices. No man was jus tified to call another man a thief, of impeach his character wan. tool) , ; but here the character of the respondent was a lit subject of inquiry, ana pertinent to the matter at issue. He (Lord Wyn. ford), was of opinion, that unless malice was alleged mid proved, the action in this case was not maintainable. On leokingat the form of the action, he found that malice wax alleged, but there was not a scintilla of evidence from which ma lice could be interred. Had it been tried before him (Lord Wye ford) lie would not let tt have gone to the jury. The Lord Commis. sioner Adams saw that there was no evidence of malice, and in addressing the jury he used the strongest language to is. duce them to acquit the justices of that charge. Notwithstande ing which the jury thought proper to return a verdict against the justices. No man admired the institution of juries more than he (Lord Wynford) did,, but he thought that it would be dangerous to permit them to raise themselves up into arbitra. ton of causes without evidence. we lived under laws, and our property was protected by laws; but we should have but a bad security for both our lives and property if they were to be left cobs arbitrary discretion of 12 men uncontrolled by any rule. Juries would become an intolerable nuisance if not regulated by some law. Who would act as a magistrate if he were not protected by the Judges in the honest discharge of his duties? It juries returned 1,000 verdicts against magistrates, he (Lord Wynford) would set mem aside, if given contrary to evidence. There was no class to whom the country was more indebted than to magistrates, though he was San to say that there was a esetain party in this country, who would run them down. He t the verdict of the jury was wrong, and, as a consequence, the dune of the Court of the. ' ion laming that verdict should be revers* lila LoWeitig deo moved that the decree of the Court of fl VASS be revemei, bee teat the interlocutor finding the relevancy of the sada *eat be a 4 firmed, and that the case should be sent bag WOW 411 7 00 . 11 ~ ' The decree was accordingly reversed. ..e- At ir , . ilk ri. ..—..a.-- ,-- - - N -- 1 - 1101 h -t.) i, , x 1 lir= u 3 . 4 . 04. 1 o p xoxitu r - 4 7., soslam rases IMPERIAL PARLIAMENT. HOUSE OF LORDS—Tu Lan AV. • Lard WAIINCLIFFS presented petitions from Illerfield and Scarandale, in the West Riding of Yorkshire, praying that the Assizes for that Riding might be held at Wakefield. The pubic lord also resented a petition from the retail traders of DunCre for throwing open the trade to India and China; a::d anotlyr petition from the shipowners of Newcastle, praying tin: removal of impedimenta in discharging the ballast of vessels at Ni•rth Mr. CAMPBELL, Mr. CALVERT, and Mr. HOWARD, and other members of the House of Commons, brought up several private bills, which were severally read a first time. EAST acTrono. The Marquis of SALISBURY said be had been requested in consequence of the indisposition of a noble duke (the duke cf New castle it was understood,) to postpone the second reading of the East Retford disfranchisement bill to the 3d of May. The noble marquis then moved that the order be discharged for the day on which the second reading was proposed. Lord HOLLAND °betted to the postponement. The Earl of DIALISILSBURY thought, as the et idexce would, it all probability, be very lengthy, that if the Mll were put off to the period now suggested, there might be a di ffi culty in carrying it through the house in the present session. He therefore concurted in what the Loble baron had stattd. The noble earl added that be was disposed to accommodate the noble duke to whom allusion had been made; but he felt the objecti on w hi c h hail been first argued, for individual interests ought to be sacrificed to public convenience. The Marquis of SALISBURY, considering that it was the wish of the house that he should not press his motion—be would acceif• to that desire. The notion was then negatived, and the second reading e brought as originally proposed. Lord HOI.LA ND presented a petition from an individun! rr Bloomsbury parish, against that parish vestry bill. The noble lo: also presented a petition from a body of trades in Arbroath, ft.! throwing open the trade to India and China. SMIGOLERS' FAMILIES BILL. Viscount 3IELVILLE moved the committal of the Smugglers' Families (provision) Dill. Before the house went into committee. The Earl of MAL3IESBURY said, he did not rise to oppose ti:'. progress of the bill, but he did object to the principle u: offenders against smuggling into the royal navy. By the bill, the person committing that offence had to gicc one-half his pay towards the support of his Emily, the other moiety was for his own sub. sistence. The noble earl said he must protest agaitsi tl: e principle of sending men either into the army or navy, as a trul: of pai.:sh. meat. (Hear.) " When a man offends against the laws, le Nemo other punishment be devised. lam one of those," continued tlr noble earl, " who consider such a course as that to which I has e alluded as being highly impolitic and highly unjust. 1 ant happy to find my opinion is nut singular on this point. There ought to be a feeling that these are honourable pursuits. How is i: possible that a btother measmate, with high-minded and honourable tcelings, can consider a man, sent to serve in the navy as a punishment, a. a fit companion ? The saute objection holds with respect to ser.dir.g men into the army for crimes which they may have committed. I have always protested against that practice for the sante reason. My lords, I have taken this opportunity of expressing my sentiments irt the subject, and I do hope that some other mode of punishment may be found foe the smuggler than making a seaman of hint." Viscount MELVILLE said the question of sending seamen con victed of smuggling into the navy was not now before the house. The legislature had decided that question. The noble earl kaew that the punishment was different with respect to landsmen con victed of smuggling—(hear, from the Earl of 3lalmesbury). How ever, if any mode of punishment could be devised for seamen con victed of that offence, likely to have the effect of preventing that crime, he (Viscount Melville) should have no objection to its being adopt Cd. Atter a few further remarks from the Earl of Al AL 3I EAU (.7 ay, the Bill passed through a committee. The house having resumed, tome private(road)Bills were advanced one stage. Lord STRANGFORD presented a petition ftom Sir John Shel ley, Bart. praying to be beard by counsel at their lordships' bar against the claim to the Berkeley Peerage.—Reforred to the Com mittee of Privileges. Several returns of coal* exported from different towns in Wales. for stated periods, were ordered, on the motion of the Marquis of BUTE. The Earl of CARNARVON presented a petition from the bur. genes of Eaat Retford, against the Bill for disfranchising that borough. Adjourned at a Quarter past Five. HOUSE OF COMMONS—TUESDAY. A person from the Secretary of Bankrupts' Office presented cere tan returns previously ordered. Mr. C. M HITMOIiE presented a petition from a Mr. Wright, of Great Marlborough-sueet, relative to the establishment of an asylum for the deaf and dumb.—Laid on the table. LORD ELLENIIOIOUOII'II DIVORCE BILL. Sir GEORGE.CLERK moved the third reading of the above BilL Mr. HUME said he had not made up his mind as to what course he should pursue in opposing the progress of this bill, having two objects in view. But Hot he wished to know whether it was in. tended to afford any further evidence, foe at present be considered the information the house possessed of so imperfect end contradic tory a description, and the ease so incomplete as not to warrant the party seeking relief to apply to th at h ouse ' for redress. If delay were granted to obtain additional evidence, and to till up those link, in the present unconnected chain of evidence, he should be far from inclined to throw any unnecessary impediments in the way ; but as the evidence now stood be did consider that the postponement of the third reading of the bill was absolutely necessary, and that the house would not be warranted in passing the bill on such defective evidence. This was one of the grounds on which he opposed the bill; and the other was, that the preamble to the bill, the very prayer for relief. was not borne out in evidence, but on the contrary, was completely disproved. Th e preamble stated that the parties had " lived and cohabited together up to the 22d of :day, 1829," whilst the evi. dence went to prove that they had not cohabited together for months end months previously to that period. The evidence of Miss Steele proved this in the most distinct manner. He, therefore, submitted that the allegation contained in the preamble was not proved, and contended that the bill ought not to pus with so glaring an inconsistency on the very face of it. (Hear, hear, hear.) Another point in the evidence given by Miss Steele also proved that Lord and Lady Ellenborough ,bad had no intercourse together I for months previously to May, ISM), which was the communka tion made by Lady Ellenborough to Miss Steele—via. that she (Lade Ellenborough) should be unable to conceal the fact of her being in a state of pregnancy from the knowledge of Lord Ellen. borough, who would thus discover the illicit intercourse that bad taken place. These be (Mr. flume) thought were circumstances amply sufficient to cause the bill to stand adjourned, to afford time for further evidence. Anther pan of the bill asserted that the ap plicant had been deprived of his "matrimonial rights and comforts" by the conduct of Lady Ellenboraigh ; whilst from the evidence it was proved most distiuctly that Lord Ellenborough was nut in pos session of those " rights and comforts " for many months prior to the denouement. lie, therefore considering these important defects in the evidence, and gross incon sistencies, wished to ask of the hon. baronet, who had the conducting of this bill, whether it was his in tention to bring forward any additional evidence? If so, he (Mr. Hume) should offer no opposition until he had beard that evidence ; otherwise he felt bound, for the reason he had already stated, to op pose the passing of the bill on such imperfect testimony. Sir GLORtiti CLERK replied that it was not the intention of the parties promoting the bill to adduce any additional evidence. They considered it quite unnecessary, when the witnesses had been in attendance before the house, and given all the evidence the hook decided necessary. The hon. member (Mr Hume) appeared to .b the or.ly one who entertained the least doubt of the principal object of inquirj, whether adultery had been committed or not r He (Sir G. Clerk) contended that no reasonable person could entertain a doubt of the fact having been peeved. He did not consider there was any inconsistency in the evidence of Miss Steele with the alle. gations contained in the bill ; and with respect to Lord and Leidy Ellenborough sleeping in separate beds, that had originated with Lady Ellerbnrough heraeif three months previously to the final se. paracion. 31r. HUME said, if that were the determination and opinion of the Hon. Baronet, he ( Mr. Hume) considered it became his duty to state at length to the House his reason for opposing the Bill. He had already adverted to that part of the Bill in which Lord Ellenborough makes an averment that he (Lord Ellenborough) had been deprived of his matrimonial comforts; whilst, from the evidence, it was, in his (Mr. Home's) opinion, clearly made out that his Lordship was not enjoying thern—(bru).....(The Helmut- • able Member here refitted to the printed evidence, page 47, and read an extract of lAdyEllenburough's)etter, in which she protested her innocence.)—This letter, the Hon. Member observed, was dated on Saturday night, but that win no other date—no post mark ; but, from the roarardoo of its contents with other cireuni stances, it left him to suppose that it wee written in May, pre viously mind about the time of tileir sepantion. No suspicion existed at this time that Land riSeaborougbitetl been injured ; but it appeared that a private endeestanding led been ware to that they should sleep in sparse beds, and in t arp deionnicetie, it ' was evident Lord Oka Itail tritely all B6 eNottit to this same letter Lad_ saysrt-lans innoorab" boom , of what, he ( 7Mr. ame) would etiqube Bid it not ' I '''• • , A . " I