Star. — London, England, 1830-06-18 00:00:00

Mr. Alderman WAITH.IIAN said. that there were only 6,000 :Arsons capable of paying rates in the parish, and the two churches were a sufficient burthen oa the psi sit without inflicting another— (he r.) The whole of the parishioners w, re against it, and if ano- Uhl reason wire requisite, It was to he found in the fact that it was wholly unnecessary. It was a public grievance of a serious elms racer, and deserved that inquiry mould be instituted. Mr. J. WOOD said that the hon. member for Oxford had put thy question in an invidious way. The commission was not so con. sutured as to prevent them from being brought into jobs. Of his own knowledge, he knew that in the country they had been grossly tittowed upon by partles desirotu of embarking in building spccu. Lotions. lie should hereafter, it a member of that house bring in a till to do away with the commission altogether.—(hear), for it ap. prated to him, and he believed they contemplated it themselves,' thot they were to go on In their office for a perpetuity.—( Hear.) Dr. LUSHINGTON said he was in virtue of his office one of C. , Commissioners, and he could assure the House that they had no • ,; r wish than that of making the funds in their hands as condo its possible to the end for which they were granted. Precisely m •portion to the poverty of the palish was the necessity that :•,.v , hould have churches, and the Commissioners were therefore iostihed in selecting the parish of St. Luke. So far as the Corn. •••i-sioners had any interest or desire upon the subject, they would • v. ao sort of objection to the most rigid investigation. 31r. /11531 E replied, and asked if it was possible that the Right 16 0.. Gentleman could lay down the doctrine that because these ..:nnitssioiturs were respectable.. they were not to be placed upon c:scir trial a.; to the manner in which they had acquitted themselves : !heir trust. rhe gallery was then elearol frr a division, when there ap. Far the Motion l4 Against it Majority GENERAL DARLING. Upon our return to the gallery, we found Mr. STUART on his less. but owing to the noise in the gallery, it was shine time before at could hear what he said. When we could catch his voice, he .1,4 referring to the improper conduct of General Darling, with re spect to the improper punishment of two men in New Smith Wales. lie had examined all the documents which had formerly been re t trued to the house; and he was, in consequence, of opinion, that General Dtrling was justified by law in the course he had adopted, and that the death of one of these men was rather an accidental re :aft! than an intentional one, on the part of the General. Since the i. however, he bad received papers from Mr. Wentworth, con. tainina• grave charges against General Darling. and as the same 'lsaacs were in the possession of ministers roe ten months, he thought he might at once move an Address to the Crown, praying for the removal of General Darling. He would not, however, pro eacti that length, but content himself with .moving for the produc tion of all the papers in the possession of Govermnont relative to General Darling.—(llear, hear, hear.). -Ile thought now that the interference of General darling with the sentence of the Quarter Sessions was illegal. It appeared that the irons placed on these men were very heavy, and so constructed that they could not lie at length, being very short ; and there were also spikes in the neck of the collar, which prevented the possibility of their lying down. There was now an officer in this country, of the name of Christie, who had seen and examined the chains, and could give evidence of their nature at the bar of the House. He had a detail of the pro s?ess of the illness of Suds, who died five days after the chains were placed upon him. The first night Suds was very ill, and ap peared as if he was dying, according to the statement of the other offender, Thompson. The next day his chains were taken otr, and he ate a little fish, which was all he took until he dled. Ile got gradually worse every day, and prior to his death 'node a declaration, that 11c attributed his death to being put iato these chains. de died in the gaol, and yet no coroner's .. q uest was held on the body. Thompson was now in England, at Chatham, and might be examined at the bar of the House. He charged General Darling that he had withdrawn this man from . civil punishment, awarded by a civil court for petty larceny, in eder to subject him to a heavier punishment, from the effects of H7ll he died. Upon these grounds he submitted that all papers rafected with this subject should be produced. Ile apprehended ,aat General Darling himself would, because he ought at least, it tococent, feel anxious for inquiry, and he could not therefore see any objection to the production of the papers, particularly as the ; ziacipaignie was General Darling's own explanation of the affair. The hon. member then concluded by moving for the production of :hr papers. Sir G. MURRAY complained that sufficient notice had not been leen cf this motion, at least no notice sufficiently specific. lie had t.o objection to produce all the documents he might conceive to be necessary upon reviewing them • but until be examined them, he eould not pledge himself to pro duce the particular documents moved far by the hon. member. A practice had grown up in the colony for soldiers to mutilate themselves, in ort,er to obtain their dis. charge, and the irons were ditected to be placed on these prisoners in the face of their comrades, they having committed the felony of which they were convicted with the same view—namely, that of ob taining their discharge by getting transported to a penal colony._ The right hon. gentleman then referred to a variety of documents upon the subject, but in so low a tone of voice that we could hear nothing of what he said. Mr. O'CONNELL said, that this case ought to be particularly required into : the colony was under most extraordinary government. In four days there had been four consecutive trials for libels, and be fore military juries. The conduct of General Darling was indefensi ble. He had passed an act making it banishment for a second libel, the tendency of which was to bring him and his government into hatred and contempt. The governor's conduct was monstrous to. wards the chain g angs, for irons of four pounds weight those of thir te.:n pounds and more had been substituted. There was also a collar added ; some complained of being nearly suffocated; one man died, and on that death no coroner's inquest was held. The letter in the newspaper about Suds's case was complained of as libelous. Had the governor a right to pursue such conduct—to add tc the chains, to make them more than three times the weight, and to imprison at will ? It was evident that the governor's object was to put down the press in New South Wales. They might depend upon it that Mr. Wentworth would not use the strong language he did in his publications, if there were not a large part of the popula. tion of the like opinion. The ATTORNEY-GENERAL could not but think that the references to pamphlets and newspapers were at least very unneces. tory when all possible information was promised. They were not it the habit of relying upon newspapers, and yet much of what was adduced was from newspapers and pamphlets. As to Mr. Went. worth's statements, many of them wen: founded in mistake ; and truths were exaggerated. The pamphlet might be entertaining enough, but it was chiefly founded on what had appeared in news. papers. He thought the house ought to suspend its judgment till the documents were before it ; he was quite sure that they would put another face on affairs. Mr. HUME observed, that Mr. Wentworth was a barrister of great respectability, and had the confidence of the colonies ; and that Mr. W. had sent home his statement, which was called a pamphlet, calling tier inquiry into the conduct of the Governor. There were allegations that would justify the calling home of Governor Darling, and instituting inquiry. The last newspapers that came were in mourning —surrounded with black lines—for the death and burial of the Press in New South Wales.—(Hear, hear.) The newspapers were their vehicles for advertisements ; they were absolutely destroyed. Could all be right when such things took place in an otherwise peaceful colony ? The SOLICITOR-GENERAL complained of the statements uttered ; they were founded on newspapers ; and as to Mr. Went worth's pamphlet it was most libellous. Mr.JEPHSON said he did not wish to speak harshly of General Darling's conduct, but he thought there was an appearance of Me piny in his conduct. Mr. STUART replied, and said he would not press Ina motion as on put, after the manner in which it bad been met. The motion was altered. for copies or extracts, &c. Sir G. MURRAY undertook to produce all the papers that were requisite to illustrate the conduct of General Darling. Motion therefore withdrawn. SEAME2: . 6 FIND. Sir M. W. RlDLEV2l;;edforfeat:eio bring in a bill to amend the 3d William, and the 20th Geo. 11. c. 3tt, relating to the trier. cliatit seamen's fund. He described that tend, the demand of lid. per mottli, and spoke of the hardship of callin• on merchant sea men to provide a fund that ought to be supplied by the public at large--(hear.) If they contributed to the fund, the) ought to par ticipate in tam benefits of the Greenwich chest. But he thought that Greenwich Hospital ought to be supported by the public. He trusted that there would be no objection to a bill, the principle of which was so obviously just, He concluded with movinz for leave to bring in the bill. 31r. PEN DARVIS seconded the motion. Tic CHANCELLOR of the EXCHEQUER observed, that if it were supposed the merchant seamen had no benefit from the chest, it was a mistake ; if they were in the navy but a day, they were en. titled to all the benefit of it. He saw nothing unjust in it ; but ii they wished to place the subject on a new footing—to require a cer. tarn length of service in the navy before seamen could be entitled to reward—it might be revised by Parliament. The system had now existed for many years, and he thought it would not be judicious h a stily to disturb it. Loid W. PAULETT thought the motion a good one. Many seamen never had, and never could have, any benefit from the fund. The Greenwich chest was a good one, but it ought to be supported by the public. Mr. WARBURTON supported the motion—merchant seamen :aver could derive benefit from it. Sir G. COCKBURN said, if the subject were thought worthy of levisiem that might be done; but he considered it would be better to l'es't one the suhjt et, as the Chancellor of the Exchequer would attend to it. (Ilear.) Sir 31. W. RIDLEY said, with that understanding he would withdraw his motion. (Hear.) Motion withdrawn accordingly. COURT Or CHANCERY. Mr. BROUGHAM wished to know what was to be done with the adjourned debate ? (" Go on, go on.) It was easy to say "Go on." Against that he protested at so late an hour. (" No, no, no.") The CHANCELLOR of the EXCHEQUER replied. that this was most inconvenient. for he had postponed the Sale of Beer Bill purposely to make way for this question. (" Hear, hear," and "Go on, go on.") The order of the day for the resumption of the debate on Sir C. Wetherell s resolution was read at half-past ten o'clock. Mr. FERGUSON said, he should vote in fleeter of the resolu tion, though he did not agree in much that had been urged in support of it by the Honourable Member fur Plymptoro He believed an honest and pure motive had dictated the bill, but it hail not been made out to the house that there was an abso lute necessity for an additional Chatittery Judge. He could not say that the proposition was a " noisome and pestilent" soca. sure; but from the efforts made lately by the Chancery Judge to get through business, he could not admit that a fourth Judge was necessary. The arrears hod been reduced one-third in one Term and Sittings. That being the fart, as far 1.3 cri tic= went, the present judge:, if they did their duty, were sof& cknt ; then, it' they were insufficient, the insufficiency ought in he made manifest to the house.—(hear.) If the resent judges were competent to bring up the arrears, then why have the fourth judge ? He had formerly considered that they could not bring up the arrears ; but three Chancery Judges had lately proved the contrary. Then, why incur the great expense of a fourth Judge? The Master of the Rolls did not disguise his opinion that a fourth judge was unnecessary. He must, therefore, oppose the new appointment till that was proved, which was not now apparent, that a fourth judge was re q uisite ; and if that were established, then he would never sanction the appointment of a fourth judge, except dispatch and reductien of expense were secured for the public—(hear.) The court of privy council was a court, as now systematically established, that could not be long endured in this country. There must be a high court of appeal, composed of the most eminent of the chief judges of the land, who should decide both in law and equity in the last resort. The House of Lords must rid itself of its appellate jurisdiction, which Lord Hale had called an usurped jurisdiction. A bill for that purpose must ori ginate with the Lords themselves, and he thought the time must come when they would see its necessity. He thought the present bill ought to make the Vice-Chancellor independent of the Chan cellor, and in that way diminish the number of appeals, which were a great impediment to justice. The present equity judges were performing their duties so well that the arrear was fast diminishing, and there was not now a single bankrupt petition before the Vice- Chancellor. If the arrear should again increase he would then consent to the appointment of an additional judge. Mr. H. MISS said, if experience had shown that the arrears of the Court of Chancery were accidental, he could then understand the opposition to the present bill ; but as all the history of the Court of Chancery proved that arrears were frequently arising, and though they might sometimes be diminished, they as constantly increased. He thought the appointment necessary. In the early part of the present century the House of Lords was deluged with appeals from Ireland, and the appeals front Scotland also increased, as did the business in the Court of Chancery, which made the appointment of a Vice-Chancellor in 1013 absolutely necessary. The number of causes for the next three years after that appointment in the Court of Chancery, excepting bankruptcy and lunacy, were 2,470. The number of causes in the last three years, with the same exceptions, were 3,339 ; and a similar increase took place in bankruptcy and lunacy petitions. It was true a diminution of the arrears had taken place since the beginning of the present year, but it could not be concluded that the diminution would be permanent, because the his tory of the Court of Chancery proved the contrary ; and within the last few weeks an increase of arrear had actually occurred, and the appointment of a new judge was absolutely necessary, sinless the pe riod of buffering of the suitors was to be prolonged. His hon. friend had appealed to the opinions of the Master of the Rolls and the Vice Chancellor, but he would appeal to the facts contained in the rolls of the Court. The appointment of the Vice Chancellor had been equally opposed, but no one would now say that it was not necessary ; and the equity business had since increased much more than one third, which made the appointment of a fourth judge now equally necessary. The vast increase of business in Chancery might be judged from a single fact : in 1740, the money in the hands of the Accountant-General was 1,290.0001. at present, the amount invested in the name of that officer was between 30 and 40 millions. The delay of a cause between the setting down in the Master of the Rolls Court and the hearing, was at present three tering ; and in the Vice-Chancellor's Court the delay was Pk terms. This caused an average delay of four years and a half in obtaining final judgment after the cause was ripe for bearing ; and it any of the parties died, or became bankrupt, proceedings de usvo must be commenced, by which the delay might be nearly doubled. Ile thought it' the bills before the house were rejected, the time would conic when they would witness an arrear productive of disappoint meat to the public, and misery to the suitors of the court.—(Hear, hear.) Sir. SPENCE said, his honourable fiieusl had a holly mistaken the facts of the case. In the Vice Chancellor's court, lestead of I curets being on the average four and a halt' 3 eats in paesing through the court, three years should be deducted from that duration.— (Hear, hear.) He wished the subject to be discussed on the facts on record, on which he had fowled the settled °pillion, that the present Bills, in their present state, should not pass. The great delay of a cause in Chancery at present, takes place in the Regis trars' and the Misters' offices, which were so choaked with business, that it was, under the present system, impossible to get any cause out of their offices a; ithout enormous delay. The first remedy for delay in Chancery should be applied to these offices. The Bill before the House did not diminish the useless labours el the Registrars, which might be done to a degree that would enable them to dispatch ten times the amount of business they were under the present system able to perform.—(" Hear," from the Solicitor. General.) He rejoiced to hear that cheer from his friend ; for if he were to effect that great improvement, he would do hints. it humor.. tal honour, and be fur ever remembered with gratitude by the suitors in Chancery. The bill for regulating the business of the Master's of fice was equally deficient. lle hoped regulations would be adopted which would prevent such charges being seen as 9231. fees on the sale of one estate. Unless fees for copies in the Master's otiice were abolished, he thought the charges in that office must in many cases amount to a denial of justice—(hear.) Let a bill be brought in to correct these great evils, and when that shall be done, let an addi tional judge be appointed, if necessary. There is at present a come plete waste of the time of one of the masters, who only sat to hear affidavits and answers sworn before him—why should nut the officer who filed the answers and affidavits administer the oath ? There was scarcely an officer belonging to the Court that might not be materially amended both as to efficiency and expense, and if some treasure for the purpose was not soon brought forward, lie should feel himself compelled to propose a general remedy fur the evil he had stated--(hear.) Mr. BATLEY said lie had made inquiry amongst the most emit neat solicitors, and they were almost unanimous that a new judge in equity was unnecessary. The Chancellor should devote his time more exclusively to the business of his court. It was a new thing for a Chancellor to devote his time to cabinet councils. Lord Hard. wick had refused to attend then), and so had Lord Eldon in the first years of his chancellorship, nor should the Chancellor be called on to attend but on questions of international law. He should oppose the appointment of a new judge. 31r. R. GRANT suggested that the debate should be adjourned, as many members wished to give an opinion on it, whi c h was obviously impossible at that hour of the night Mr. BROUGHAM concurred in the suggestion, and regretted that the debate had not been adjourned at ten o'clock, In which case some real business might have been got through. Sir R. PEEL said, he thought it was better to allow the busi. ness fixed for Friday and Monday to stand as at present, otherwise all confidence in their arrangements would be lost. (Hear, hear.) The debate was then adjourned to Tuesday. The Common Law Fees Bill was committed, eel ordered to be read a third time on Monday. The ether orders of the day were disposed of, end the House gel. journed at One o'Clock. L.l U' REPORTS. ROLLS COURT, JUNE 17. YATES v. FAIJILIE.—The Master of the Rolls gave judg ment this morning in this case. The bill was filed by a gentle. mar. of the name of Yates, who claimed to have an interest in a returned cargo of a ship called the Mercury, consigotti by 51actionald and Co. of Liverpool, to Arnold and Fairlie, of the Mauritius. Macdonald, who was ore of the persons who signed the bill of lading, was a partner with a person named Waring. Previous to the transaction with the plaintiff, Macdonald and Waring carried on business as merchants, and as such had opened a cotrespondence with Arnold and Finite; in the course of which they acquainted them of their intention, in a short time, to consign to them a ship called the Mercury, laden Kith goods for their account, and requesting them to purchase goods for the sup,ily of the returned cargo, telling them they should be supplied with money for the purchase of it out of the proceeds of the outward cargo. Upon the tatth of this Arnold and Fairlie purchased a hon.eward cargo. In the meantime Macdonald and Waring wanted an advance of money from the plaintiff, which he was willing to accede to, upon one of the partners of Macdonald's house being made a party to the bill of lading, anti also upon instructions being given that WOW. should be paid out of the first proceeds of the outward cargo. Nothing, however, was mentioned to the plaintiff) of the previous correspondence which had taken place between Mac donald's house and the house of Arnold and Fairlie. Instruc tions to this effect went with the bill of lading to Arnold and Fairlie, who, previously to the arrival of them, had laid out their money in the purchase of a returned cargo, under the understanding that they were to be reimbursed out of the first proceeds; they, therefore, declined to pay any attention to those instructions. Mac donald and Waring shortly afterwards became bankrupts, and the plaintiff, conceiving he was entitled under the commercial law to be paid this 6,0001. commenced proceedings against Arnold and Fair lie In the Mauritius, where, after considerable argument, it was determined that Messrs. Arnold and Fairlic had a right to reimburse themselves for the money they had laid out ; but in that decision a reservation was made of the right of Yates to any surplus which might remain after Arnold and Fairlic had been satis fied. Yates being dissatisfied with that decision filed his bill in this Court for an account of the proceeds of the outward cargo, for the pur pose of being paid out of the surplus, if any. When the cause came on fur hearing the Court was strongly of opinion that the general com mercial law made it incumbent on the consignees. Arnold and Fairlic, to apply :he proceeds of the cargo according to the instruc tions which accompanied the bill of lading; the Court, however, directed a referee to the Master, to inquire whether the co::. signet, accepting and acting upon a consignment, is not bound by the conditions expressed in the bill of lading ac companying such assignment. Three French lawyers were consulted, who were of opinion, upon the general proposition, that the consignee was bound by such conditions. The opinion of other French lawyers were taken upon the said question, all the corns pondence that had taken place between the parties being laid before them; on which they were of opinion, that Arnold and Fairlic had a right to reimburse themselves. The Master coincided in that opinion, and reported accordingly. To that report exceptions were taken, which were argued yesterday, and the case stood for judg ment this morning.—His HONOUR was clearly of opinion the cision of the Master was right, and ordered the report to be con. firmed. COURT OF KING'S BENCH, Juwr 17. Mr. Justice BAYLEY took his seat in Court this morning, at nine o'clock, for the purpose of swearing in the Nresuninster and 3lid ellesez (hand Juries. There being only 17 gentlemen present, the others who had been summoned were not in attendance, and for whom no satisfactory excuse was offered, were fined 201. each. 31r. Justice BAYLEY expressedhis regret at so thin an attendance; but as there was no case of any difficulty likely to come before them, and it being only necessary for 12 to agree to the finding of a bill, he did not think it advisable to postpone entering upon the bu siness. The gentlemen present were then sworn. BOROUGH OF Yzoviz...—The ATTORNEY.GENERAL moved for a rule to shew cause why a mandamus should not issue to com pel Jennings, Esq. late Port-reeve of the borough of Yeovil, to deliver up to the gentleman who had been appointed his successor the mace and other insignia of that office, which he positively re fused to do. Lord TENTrIIDEN—Take a rule to show cause.—Rule granted. NEVILLE V. DUNBAR......The plaintiff in this case is a gereral in the army, and the defendant a gentleman at the bar. It was an action of ejectment, but at the suggestion of the Court the matter in dispute was tefared to arbitration. The arbitrator made his award in favour of Gen. Neville. On a former thy, Mr. Dunbar obtained a rule to show cause why this award should not be set aside, and a new reference had. Mr. CAMPBELL this morning showed cause against the rule. Ile felt confident the Court would never sanction any further litigation between those parties, when it was informed the inquiry that had taken place occupied more than two years. Mr. Dunbar, too, had been most fully heard, as on opening his case he made a speech which occupied four successive days, and he had taken also five other days examining a single witness. (Laughter.) Mr. Dvxnatt, in support of the rule, was heard at very great length. Ile complained in very strong terms that his case had not been fully investigated. Lard TENTERDEN — In my opinion, the proceedings that have already taken place have been most vexatious, and we should not be doing justice to the parties unless we discharge the rule, and that with costs. The other Judges concurring, the rule was discharged with costs. TUE KING v. MALT AND FOUR OTIIERS.—The ATTOR. NET.GENERAL prayed the judgment of the court upon these de. fendants, who were convicted of a conspiracy to defraud. On their names being called, only Malt and Hodgson appeared. The ATTORNET.UENERAL hoped the Court would estreat the recognizances of the absent parties and their bail. Lord TES TEIIDEIi—I think we should rot be justified in doing that, as it appears front the affidavits that the notice to come up for judgment was not left in the dwelling-house, but was pushed through the keyhole. The ATTORNEY.GENERAL—TIiat was the only means we had, us the houses have been closely fastened since the trial. The defendant Malt said, he bad received no notice at all to attend. Lord TENTERDEN—WeII, never mind, then you are here without notice. His Lordship then directed, that the defendants should he brought up on Friday sennight, to receive judgment, and in the mean time ordered that those present should be com mitted to the custody of the 31arsital of the Illarshalsea, and, if possible, that the absent ones should be served with notice to attend. MANDASII:STIIE PATTEN MAKER'S COMPANY. Mr. Curwood applied for a mandamus directing the 31aster and wardens of the corporation of panel) makers to call a general mem. bly of the company. for the purpose of electing another master and wardens, to appoint auditors of tittraiecounts, and also to allow the members of the company to inspect the books and papers. The learned counsel said the corporation of apatten makers' was incor. porated in the 2211 year of king Chatles the Second, by royal char ter, at which time all persons carrying on the trade of patten ma kers, within ten miles of London, were declared free of the com pany, and the company thus Incorporated were authorised as a body to buy and sell lands out. Lord TENT EIIDEN.— I suppose your application is for the Com pany to admit some person to the freemen of the Company. Who arc they bound to admit ? Mr. 'Curwood.—They are bound to admit all persons, sons of freemen, being patten makers, those serving apprenticeship to patten makers, and all others who obtain a majority of the votes of the members of the Company. But that was not the object, the present application being to get an inspector of the accounts, and also calling upon the Company to elect another Master and Wardens the mode in which those now filling that office had been elected having been irregular. The Court granted a rule to thew cause. TUE KING V. PATRICK. The defendant appeared to NCCiVC the judgment of the Conn, having been found guilty of perjury in his examination as a bank rupt before the commissioners. Mr. Sergeant BUSSELI. moved the judgment. and was heard in aggravation. Mr. Cuit wool) was heard in mitigation. Mr. Justice BAILEY, in delivering the judgment of the Court, animadverted upon the enormity of the crime committed by the defendant. The sentence was, that the defendant be imprisoned one month in Newgate, and be transported for *even years. COURT OF COMMON PLEAS, Juxie 17. WORMWELL AND OTHERS V. HAILSTONE. —This was an action brought by the plantain against the defendant, in his cha racter of clerk so the trustees of a turnpike road in Yorkshire. The cause was tried at the last a•sizes at York, when the plaintiff's reco vered a verdict, and an execution had been subsequently issued against the personal property of the defendant. Mr. Sergeant JosEs was heard at very considerable length yes terday against the execution, and Mr. Sergeant Wrr.DE in support of it, after which the Court took time to consider tiw question. On their Lordship taking their seats this morning, Th.. Lord ('M.4 3....t1,•. after havine mitered al eonaider length into a consideration of the provisions of the Turnpike Act, as well as advetted to the arguments brought forward by the learned counsel on either side, proceeded to state that the court was already of opinion that there were no clauses in that act warranting the con struction which had been put upon them by the learned counsel (Mr. Sergeant Wilde). They thought that it could never be in ferred from those clauses that the clerk to the trustees was personally liable. The court had, therefore, come to the conclusion not to grant a rule against the execution, but restraining the executing of it to the prejudice and injury of the person and effects of the clerk. ORANGE V. IRENT. Mr. Sergeant WILDE resumed his argument this morning in sup port of a rule for a new trial in this case, the facts of which must be fresh in the recollection of our commercial readers—on the ground that tlw e edict which had been obtained for the plaintiff was con. trary toe eidence. The whole question arose out of the wording of a chatter-party, and the learned counsel maintained that the con struction put upon the word " impediment," by Sergeant Taddy, was not correct, he having stated it to the jury as implying accident. The argument this morning all went to prove that the provisions of the charter-party in question had been chiefly complied with. The LORD CHIEF JUSTICE said, that although he was corn. pelted to confess that he should have been perfectly satisfied had the' Jury brought in a verdict for the defendant, yet he did not see that their not having done so was sufficient to warrant the Court in grant ing a new trial. The question for the consideration of the Jury had bee:;, whether or not the vessel had been delayed by " stress of weather or any other unavoidable impediment," and he knew no fitter tribunal for such a question to be tried before than a Jury of Lon don merchants, and therefore, although he Wr ight himself have felt inclined to have d rawn a diff ere n t conclu.ion from the evidence ad dewed on the trial than they had done. he still thought that he was not called upon to say that he was so dissatisfied with their verdict as to induce him to give his concurrence to the granting of a new trial. _ The other Judges were of the opinion expressed by the Lord Chief Justice, and the rule was accordingly refused, COURT OF COMMON COUNCIL. The Lord Mayor held a Court of Common Council at Ouildiiiii yesterday, for the despatch of public business. The London Bridge Committee resented several reports for pay ment of mollies into the Bank, in cases of defective titles to varioni premises purchased for the New Bridge and its approaches. The same Committee also presented a report for sealing a the Bank, for the advance of further monies for the purposes of tit Bridge and approaches. The Town Clerk, pursuant to the directions of the Court of A! dennen, laid before the Court a return of the nnmber of per.:. prosecuted by the SVardmote Inquests, from 1825 to 1329, fin Cat. tying on trade in the City, not being free ; which was ordered to h printed. The account of the average prices of coals, sold at the Coal.ni li k,, in May was delivered in. The Chamberlain's brief statement of the City's revenue and penditure for the last year, and the Bridge Master's aceount of t'a Bridge House Estates 14 the same time, were Oclircrcil in, and it dived to be printed. The Deputy Remembrancer laid before the Court the Laub, Bridge Act, recently passed, which was referred to the Landon 8e.4. Committee, to be carried into execution. The Court, on a motion by 31r. Ikputy I)aw, referred it to tht City Lands' Committee, to consider whether the Corporator, shout, contribute any and what sum towards the expense of gth e t:t of the Old Ficet Market, Mr. John A tkinson was appointed a Governor of Christ's Hosp; t :: A considerable discussion took place upon a motion for a res.•l.i. Lion of the Court in April last. agreeing to contribute one-third the expense fur the proposed improvement in Flect.street. sent to the Trustees of St. Dunstan's parish ; and the moduli s • subsequently withdrawn. A petition from Messrs. Swan and illayler, complaining of hei... ; indicted for keeping a slaughter house in the City, was present,' to the Court i and after hearing Mr. Recorder, the petition withdrawn. The Court came to sundry resolutions respecting oaths. aq • agreed to petition both Houses of Parliament on that subject, were olden-1 to be presented in the usual manner. For Resolutions, see Advertisement. A Spec al Committee was appointed to consider of the proy.icl. of t.pplying to Parliament for an Act to extt.nd the powers of Court of Requests. The :hanks of the Court wtre unanimously voted to the d. Mayor's Chaplain, for his sermon preached at tit. Paul's, on lust, being the first Sunday in Term. POLICE REPORTS. OvILDIIALL--Juhn Short, a miscrable.looking man, ahou thirty years of age, was charged with robbery tinder the the follow- - lag ciremustuwes : On Wednesday afternoon the prisoner went into tin eating-houw. kept by a person named Bill ; and after eating a good dinner, am: dozing for half.omhsur, he called to Dlr. Hill, and said, " I have nt means of paying you for my dinner, and mereover I candidly t.ll you that I have stolen a knife and fork belonging to you, which I will not give up till you send for an officer and give me into ,at.. tody." A gentleman present recommended the landlord to talc. the knife and fork from the fellow, and "kick him out ;" but th. prisoner brandished the knife, and swore he would stick any :nazi except an officer, who should attempt to take it from him. T:a landlord had no alternative left hint but to comply with the extra.:- dinary demand of the prisoner. The Officer stated that the prisoner had informed him he hal :16 endeavouring for some tune you to get transported. The prisoner said he had tried to get employment, but coal! e nate. i am," he added, " a dyer, and have been, indeed, d)i with want and hunFcr for some time past." Mr. Altlertnan IlEw said he must not expect that Magistrate. would forward his designs. It was evident by acquainting the eon. plainant that he had his property, he did rot entertain any fel% Mous intention ; therefore he must be discharged. " Diseitargetl only to do something worse !" exclaimed the appointed candidate for transportatio.l, as he turn e d sw a y front tte Bar. fow.s•rr rr.•r.--Vesterday Mr. HALLS received a letter front Joseph Adv. the Q , :aker, of HounJatlitch, proffering that 31agis trate sonic va!uable information, cn payment of the usual fee of on , sovereign. Mr. Hat.Ls observed, after :le had paused the epistle, that it w;:s too bad that the 3lagistrates theme yes should be annoyed by such a fellow. Sir RlcilwilD BiaNiE—Hail you not better send him his linter back by the sante means through which it reached you Mr. HALLS (laughing)—Ch, the fellow provides against any such attempt, for he adds, by way of postscript, " No letters takcn in except they are post-paid." Sir RICLIAILD B IUWIE—The old fox is too cunning I steel; e However, he may yet be caught, knowing as he Is. MallY-La-BoNNE.—A young man, named Yates, was charges'. with detaining some furniture belonging to a person named Batt , The complainant stated that his wife bad left his house, taking with her nearly the while of his furniture, and had gone to live with Yates, who had possession of the property. The wife, echo is a very pretty young woman, about twenty.fout years of age, admitted that she hail lett her husband's house., am' said she did so because her husband had repeatedly ill-treated bet on her refusing to prostitute herself for his support. Finding 02 would not comply with his wishes, he deserted her. She added, th.i! about three months ago he was committed to the Heuse of Correc tion for assaulting her. The magistrate instantly dismissed the case. WOIISHIP.PITILEET.—Or. Tuesday Mr. John ( arke, the pri.- prictor of the British Lion, New Carcndish.strest, New Nottb• road, was charged by Illisitael Cluck, clerk to .lr. Alexct•.det Black, sine -merchant, renchurch-street, with assaulting ar! beating him. . . The'complainant stated, that on the 4th of June inst. he weW into the detendant's house a ith a friend, and had a bottle of wine After having remained there a short time, he laid Mr. Hosier. gentleman who ras in the room, a bottle of wine, that his (com plainant's) calf, was larger than his ; but Mr. flo.ier, by some mantruvre, made the calf of his leg an inert and a half ,larger it actually is; a quarrel then ensued, and the defendant struck hitr a violent blow on his nose, and blacked both his eyes. Mr. BaOrGIITON—Wc!I, a man must be clever indeed to male his calf larger than it actual!) is. The defendant said, that a hen the complainant had lost the bottle of wine he lea pt saying that he had not lost it ; he (detendant) tole' him he had Leidy lost it, when he called him a b_y lying b—h he (defendant) then told hint that if he had been in env other hen , : he would hare struck him. The complainant then challenged hnl out to fight, and struck him ; he (defendant) then. M his own e.,• fence, struck him again. Mr. lino rGIITON (to the complainant)--We re rata dmak, Complainant—Why, three parts. sir. Mr. Harris, collecting clerk to Mr. Thomas Wr!ght, spirit-met• chant, confirmed the defendant's statement. . . . _ Complainant—Now, sir, hare you evi.r playa, r.: cards thlendant's house ? Mr. Harris—l have certainly at titres. 3lr. BROUGHTON—It is not a fair question ; it has norm. whatever to do with the case now btfore us. Another gentleman, named Hosier, a wine-cooper. residing in t:., Curtain-road, also confirmed Mr. Clarke's statement. The Magistrates said that after what had been stated by the to witnesses for the defendant, who appeared respectable, they sho'.l•' dismiss the ease. l'•••..0....&•••.•••=.0[11.• rig 1114 V.•• I.itv• qt .111 C.f. s Mr. BROUGHTON—You car.% Indict him ; he wilt nave a kli tificate from this office, stating that the cue has been tfiquisseil BIRTHS. On the 16th inst. the lady of Dr. Moore. Lincoln's-inn-titlds. (4' a daughter.—On the 16th inq. Mrs. R. Johnson. of ('reurt•.t•piace Bridge-street, of a sou.--On the 14th in.t. at Wenvoe Castle, Gis morganshire, the lady of R. F. Jenne% Eq. of a daughter. MA It RI I.D. At Gateshead-Fell, on the Bth inst. Robert, eldest son of 1; Plummer, Esq. of Shea:hill-house, to Mary, only daught:r t • the late R. Spencer. Esq. of Newcastle.upon.Tyne.—On the lit.. inst. Watling-street, A. Kimber. of Newbury, Milts, to Sarah Ma tilda Lee, of Ncwg atc market --On the 15th inst. at Streatham. Mr. W. Towner:el, of Brixton, to Elizabeth, fourth daughter o:'. 1 Cooper, Esq. of Streatham. DIED. At Tunbridge-Wells, on the 11th inst. the Ron. and Res. 31:l. John Stapleton, eldest son of the Right Hon. Lord Le D.:spoke. —11:1 the 13th inst. aged 74, at hlanor-cottage, Hertingfordbm. Frances. relict of the Rev. H. Ridley, D.D. formerly rector cf that parish —On the 16th inst. in Finsbury-square, J. Jong, Esq. the 66th year of his age.—On the 15th inst. in the 80th year of hi, age, R. liurchall. Esq. of Nralthamstow.—Deeply regretted, on tl. - : 16th inst. at Bridge-house-place, Newington, in the Niel year of h.: age, Mr. W. Kirkham, of Forest-hill, Kent, and the borough Cl Southwark.—On the 13th inst. at Barnwell, in Northamptonshire , aged 47, Jane, eldest daughter of H. H. Oddle, Esq.—On the 1:9:1 - • inst. in Southampton-row, Russe ll -square, O. Barriffe, Esq. late elf St. Thomas-in-the-Vale, in the island of Jamaick—On the 12. h inst. at Southampton,. Henrietta, wife of the Rev. IL Beaker.. Looms : Printed and Published by Joint Alarms, at the STAR- Orrin No.l, Piekett.plooe,Temple Bar.