Star. — London, England, 1822-12-11 00:00:00

) '1 I ;► V LAW INTELLIGENCE. VICE-CHANCELLOR'S coma', DECEMBER 10. PRACTICE OF THE COURT. _ _ _ On the rising of the Court yesterday, which was 1 , the second seal day, his Honour the Vice•Chancelhsr ' said it had been customary to bring on motions for i . injunctions and writs of ne eseat rcgno, at the rising , of the Court.' He was very unwilling to decide upon such motions without giving : them a due considera tion; and as they were %in their nature esparte, they required much more careful consideration than others —a consideration which be had often regretted that he was unable to give. to , them, as they were now usually brought on at the close- of the business. T.berefore, witlutot presuming to decide for any one j else, but merely as a rule which h e adopted for his awn guidance, he thought it would be better -in fu ture to give motions of the nature he had alluded to the precedence of all others, and then he should have that opportunity which he wished of considering them. Mr. HEALD said, a better rule could not be made, as a great deal of incwnvenience was felt from the present practice ; for, as it was the general' under standing that such motions were made at the rising of the Court, a great deal of business was sent before the Lord Chancellor, who, having granted the injunc tion, was obliged to he*t the motion to discharge it. The adoption of the rule proposed by his Honour vi ould*relieVe the Lord Chancellor from a great deal of the business which pressed upon himin consequence of the present practice in this Court. The VICE-CHANCE LLOR said, it was chiefly in his anxiety to relieve his Lordship that be adopted the present rule. . • • Mr. BELL expiessed his satisfaction at the rule, as One which would Ise - extremely beneficial. The VIDE-CDANCELLOR had no doubt but. that the rule would be as acceptable to the liar as it was agreeable to himself. cotarr OF KING'S BENCH, DECEMBER io. TIIE SING V. LORD CADOGAN. This was an indictment against the Earl of Cado gan, for suffering St wall, which supports a terraced road in Chelsea, on the banks of the Thames, to re main in a state of dangerous decay. The first count of the indictment stated, that a number of trees be longing to the defendant were growing near the wall, and that their roots, pressing against it, caused it to .fall down; and proceeded to set forth, that the de fendant was bound to repair the wall, by reason of his tenure of certain lands. The other counts charged generally, that the defendant was liable to repair by reason of his tenure; and that, being so liable, - he permitted the wall to be and remain in decay. On the part of the prosecution it appeared, that Lord Cadogan was Lord of the Manor of Chelsea, and that the manor was co-extensive with the parish. Aged witnesses were called, who proved that the pre de,e,sors of Lord Caftan had, at different times, for a period of more than fifty years, repaired different portions of the wall. The cage, at one end of the wall which was built upon it, was used by the parish for the confinement of offenders, but ihey had paid an acknowledgment of half a crown a year to his Lordship for its use. A claim bad been made on the part of Lord Cadogan for a quit rent for stairs lead ing to the river, and on refusal to pay it they were stopped up. It appeared that the road was 30 feet wide ; the trees were cline to the wall ; and on the other side was a row of houses which did not belong to Lord Cadogan. The trees had been claimed by Lord Cadogan, and were fenced off by railing which he supported. This road was described as an ancient road in an Act of Parliament passed in the reign of George L where it was represented as leading from James-street, Westminster, to Chelsea Ferry. Mr. Robinson, an eminent surveyor, proved that the road was in a dangerous condition, and thought its decay to be attributed in a great measure to.the roots of the trees pressing against it. Mr. SCA RLETT, for the defendant, relied on two grounds of answer to the prosecution : first, that the road itself was not shewn to be an ancient road, being evidently intended for the comforr of the inhabitants of the houses which were built long within the time of legal memory ; and secondly, that if the wall was originally built by the predeceslor of Lord Cadogan, it was dedicated to the Public, who alone, as they enjoyed the benefit, ought to repair it. To fortify his case, he called a number of witnesses, who proved that seePral individuals along the line of the wall had repaired such portions of it as were before their own prem::es. The LORD CIIIRFJus - ricE observed, that supposing Lord Cadogan had no liability to repair by reason of his tenure, he did tint think the Jury could convict him of a nuisance on the first count of the declara tion; for suffe:ing his trees to injure the wall ; because that count, read altogether, charged a neglect to per form a duty arising from tenure, and could only be interpreted with fairness as directed to this end. The first point for the Jury to consider was, whether-this road existed as a raised road before the time of legal memory ? because, if it was created since, a liability to repair from time immemorial could not be supported. If they thought the road did so exist, they would' then weigh the-evidence on each side as to the cus tom, and decide for themselves whether they were satisfied from that evidence that Lord Cadogan was bound-to repair by reason of his tenure. The Jury retired for an hour, and then returned a verdict of Guilty, deciding the liability of •Lord Ca dogan to repair the wall, tor the spaces set forth in the indictment as ruinous. ARCHER V. BAMFORD. This was an action on a bill of eschange dated sth of November, 1821, drawn by Thomas dray, on the defendant, payable to his own order in three months, for the sum of £2OO, accepted brthe de fendant, and by him endorsed to the plaintiff Archer. 'The hand-writing of the parties to the bill having been proved by the•usnal evidence, Mr. GURNEY opened a defence on the ground of fraud; 1n ivhieirthe' plaintiff was a partaker. The leading circurnstantes on which he relied were, that Gray', die drawer :of .the bill, prevailed on Bamford to buy a mortgage on certain preinises at Cheerer.; field, its. Staffordshire, for £l4OB. 18s; which be haiing "-assigned it for the benefit of • his credi tors,-. repurchased' - -of his trustees foi 1:50 ; that Archer, the plaintiff , was one of -the.trnstees,.cogni: - zant o f reakikolue of the premises, and had made declaratkint; turporting t that if Gray sold his in: r . . • . West to Batgotl, he -Irentld &Mkt *-liar profit ;' elaiteiff told him that he Ins 110 t fit that the premises haring on serss previous mod- '. 4 sbip, end that he, plaintiff, would base a rope for to be Captain of ••• • • gages to the amount of - resM, find ae minnity of £3O hioefellikee be-got to Segland." charged Mr then; were starctibfre - nifi Moe efferl Tisle'rern Mates of the ship were tailed to prove ' the other . inensithiarices were OM ; mod that Archer; theee'fiefi, : Which they dick' Ittlif atdded, that the who professed to have received' this bill, wiskh l i as plaintiff was not confined to Itii"4l so long as was part of the EBO3 . 181. for a .valuable consideration, asserted by his witnesses; but that he was well able had only obtained his certificate' a fiery short time to do his duty, if he.hadshqien. \ before it was given. It appeared, 1141tver, that the On their cross-eiaminat:ipn, they admitted that the defendant had not entirely repuditeje th e bargain, 'Captain struck the plaintiff several severe. blows, LS but had retained the title deeds, andThaving paid off sn ot until after' he, plaintiff, had used the provok in g ;one of the mortgages,Tirae obtained possession of that I.isiguage.—Mr. Serjeant Pst.t. replied, and I part' of the premises of Aids the legal estate had been The lainn Cum itirrtms sumhvid up, leaving to conveyed to the mortgagee, whom he satisfied. the Jury to say., ender all the circumstances, to what • Without hearing the reply or evidence in answer damages the plaintiff* was entitled. In his Lordship's to this ease, opinion, they ought to be temperate. the LORD CHIEF JUSTICE was of opinion, that, The Jury, after consulting together for a few mi sitting in a Court of Law, be could not say that a nutes, returned a verdict for the plaintif—barnMes sufficient defence had been offered to the action. In One Hundred. Pounds• order to invalidate the bill, even. in the hands of A FAMILY SQUAKBLE.—MARTIN v. MARTIN. Gray, it was necessary to shew that the considera- This was an action to recover damages foi slan tion had utterly failed ; bat he could not et ) , that it derous words limiters by the defendant,' affecting the had'utterly failed, while the defendant retained pos. character of the plaintiff. It arose out of that very session of the deeds, and, had acquired possession of fertile source of legal proceedings, a family squabble. part of the prenriiest: If he suffered anything but a The parties are relatives, the defendanebeing nephew - . l ulling a h total failure of consideration to operate as a legal to the plaintiff; they are, inc ost of relatives defence, he should encroach on the province of a who were involved in . the squabble, of the Jewish Court of Equity. He therefore recommended the persuasion, confectioners and dealers in lollipops by jury to find a verdict for the plaintiff, and leave ano- trade. The scene of the present action was laid in a ther Court, armed With different powers, to act as, on public-house in Petticoat-lane, WhitechaPfls • . • a view of the entire case, might be requisite. It appeared from the -evidence of , th e plai ntiff i Mr. GASELEE said, the _parties were already in brother, that on the evening-in question, which we:- equity. A bill had been sled against Mr. Archer, after the termination of the Sabbath, the plaintiff was who bed put in his answer, and the voluminous ex- sitting at the King of Prussia public-house, Petticoat ception to that answer had been over-ruled. lane (now called INiddlesex,street); there were pre- The Jul refound a verdict for the plaintiff-g-Da. sent on this occasion the witness, Jacob, his brother mages £209. 10s. Joseph, his brother Isaac, his brother Moses, and his BULLOCK V. MALLARD. brother Aaron, and 'several other persons. Some per- This was an action against a gentleman of Essex, son having mentioned the name of his brother David on the warranty of' a horse sold by him to the plain- (the plaintiff), the defendant said, " Is it my uncle, tiff for sixty guineas. The warranty proved was, David Martin? I say that my uncle David Martin that thehorse was perfectly quiet, and would go quiet is a thief; that he stole a pocket-handkerchief, and in harness; and the witnesses for the plaintiff proved gave it to his brother; and that. he is a passer of that, on two occasions, the horse, when driven in a forged notes. This I can prove." • Witness added, gig, kicked violently, and became exceedingly restive. that this was said in the hearing of all present. ' A' One of these, the groom of Mr. Bullock, admitted dispute occurred scme time after this, as the.parties that he expected to receive a guinea from Mr. Mai- were proceeding from the Synagogue to the Taber lard at the time of the sale, and had received only nacle. It was" a bit of a quarrel.' On-that oece a crown. He had said "he would take care of the dim, also, the defendant repeated the same words horse," by which he intended only to do his duty. ' respecting the plaintiff. . . Mr GuneEe, for the defendant, urged the proba- Witness underwent a long .cross-examination• by bility . that the restiveness of the horse had been Serjeant PELL , the ob j e c t of which was to shew that caused by the revenge Qf the groom, who expected this was a mere family broil. In the course of it, a larger fee ; and called the defendant's coachman, the audience seemed not a little amused at the coin; his son, and others, who stated that lie had always cidence of so many patriarchal names assembling" in been quiet while they bad known him. They had, discord vile" at a pot-house in Petticoat-lane. • however, seen him but little in single harness. The landlord of the public-house corroborated - the The Loan Cum, Justice left the Jury to decide testimony of the last witness - as to the use of the ob between' the positive evidence that the horse was not lectionable words by the d e f en d an t . . quiet, and the inference that he must have been so Mr. Serjeant PELL addressed the Jury for the de from his previous habits. As the horse had been sold fendant, and contended, that if the Jury gave any for 27 guineas, if they found for the plaintiff, they. more than nominal damages in this case (and which would give the difference between that sum and 60 he admitted the plaintiff was entitled to), they would 'guineas, and such:additional sum for the horse's keep be holding out an encouragement to all persons of as they might think proper. the description of the parties here, in Petticoat-lane, The Jury returned a verdict for the plaintiff.— and .in every lane in the metropolis, to waste their Damages 44. ' time and money in'bringing actions for words spoken . in anger, whenever there happened among the mem - BEEITON V. CAMPBELL. AND DOUGHTY. bees of the same &luny what the witness Jacob had This was an action against two surgeons, carryino p called e a bit of a quarrel." Now, when they had on business in partnership in the Edgware road, for s o' such 44 bits of quarrels" in . future, he was sati,fied negligently conducting themselves respecting a dish,- 1 that the verdict of the Jury on .his occasion would ' cation of the plaintiff's shoulder, that she was deprived of the use of her ann. teach them that the best way would be to settle them amongst th emselves, and not bring them to be settled It appeared in evidence that the plaintiff, a dress by a decision in a Court of LEW. maker by trade, and between fifty and sixty years of age, fell down, and had the misfortune to dislocate The . Jury, after hearing his Lordship's summing up, refurned a verdict for the plaintiff—Damages, her shoulder. This was not known at the time; 'but One Farthing. finding it in pain, she consulted Mr. Campbell, and went several times to his house, when he advised with The appearance of both parties (who were flume, roue) at leaving the Court, indicated (if it is fair -to her, and gave her lotions to apply. After some time judge from appearances) that this will not be the last she went to another surgeon, Mr. Hesidington, who ecion o f d a Jury in their case . discovered that her shoulder was dislocated, and that . by the delay the reduction had 'become difficult and MIDDLESEX SESSIONS. DEC. 10. • • dangerous. She therefore did not submit to an ope- A wretched looking maw, dressed in a dirty smock ration, but continued deprived of the use of her arm. frock, of the name of Samuel Rogers, was indicted Mr. Heddington wrote to the defendant, Campbell, for' obtaining from a poor - Ir ish women 20s. under but received no answer. That Gentleman, Mr. Che- false pretences. - • valier, and Mr. Wood, gave their opinion, that the It appeared by the evidence, that the defendant mode adopted by Mr. Campbell of discovering whe- had accomplished this fraud by giving the w° ther there was dislocation was uncertain, and that man a check on 'the banking- ho use of P - Mes:s. r Bar: they would have adopted other means' of inquiry. clay, Tritton, and Co. signed John Lee, 'for 201. Mr. SCARLETT addressed the Jury . for the de- This check was not drawn in the Usual ferns, 'bet- fendants, urging that Me Campbell had no interest was sufficiently well -worded to deludeth' e ignorant in maltreating the case, but strongly the reverse; that lower orders: 'Of course, when _the check was pre his attention had not been drawn to the case as one of sented it was not p aid. dislocation; and that, at last, the plaintiff might have A Clerk in the ! rouse of Messrs. Barclay and Co. recovered the use of her arm by submitting to an stated that upwards of thirty of these false checks had • operation, which she did net choose to encounter. been presented for payment by very poor people. The LORD CHIEF JUSTICE summed up the evi- They were all written in the same hand-writing, but dence, and the Jury found a verdict for the plaintiff— all bore different names. Damages £lOO. • A witness of the name of Cushion proved the re- COURT OF COMMON PLEAS, DECEMBER 10. ceipt of wine of these checks, or bills, from, the de- FLETCHER V. BRIOHTMAN. fendittit, and had lost considerable Alums of money ' by litn,The Jury found a verdict, Guilt This was an action to recover damages for an as- .. #. sault committed by the plaintiff upon the defendant. Mr, ,ABABIB t for the prosecution, stated that the i the instance of the a- Mr. Serjeant Past stated the case to the Jury.—' - ri p risonef h id i sh of St. Giles ` s ad that d at the man had artfully c o n- The plaintiff was a surgeon on board a South' Sea ? trived to get na of 'between 200 and•3oo of these whale ship. The defendant'was, at the time of this bills; clefeauding whomsoever were ignorant enough transaction, the Captain of the ship. It appeared to be deluded. from the evidence of two witnesses, who were' on board the ship at the time, that in 1821, while the , The Couar sentenced the prisoner to seven years' ship was at sea, on het way back to England, some trans p ortation ' words arose between the plaintiff and another per son, on which the Captain interfered, and struck the plaintiff several blows with a thick rope and knocked him down, and then struck him when he was down. Plaintiff was confined to his hammock fur several days, in con§emience of the ill-treatment received from the defendant. These witnesses underwent each a long cross-exa mination ; the object of which wite•to elicit an adeois. lion that they had heard the plaintiff use very pro-ii yoking and distespectful language to the Captain ; but neither of them could recollect that the plaintiff had used such words; they were not near enough to have heard all that passed. - • , , • Mr. Serjeant VAUGHAN, for the defendant, admit reed that a verdict must pass against his client, who iiiid not enter a justification upon the record; but he would adduce such evidence as would satisfy , the 'Jury that the plaintiff wai 'not entitled to more than 'nominal damages: It would appear that the defeat dant had at first only intended to prevent therplain tiff front fghtidg -with another on board, as was his duty as Captain, and that when he had done so, the Yesterday morning, a Cororser's Inqnest.was held in the Fleet. Prison, before Mr. Situvrou,.Cqtoner, on the body of William Guy, a prisone.r„aged.44, /di* Elisabeth Chewer, a Lady of resinecal?le .bigh aaa'ionntico=4 but unfortunately cop qmpl cur con tempt of the' Court of Chancery, atitek. that she, bad known the' deceased ever since)* came into'tbe prison; his health had for a long eime hee.ck,evitleUtly much impaired: About thFor k wee)tl ago be was brought from Devizes - , ijostrney which . .was'ton Jong for birh to have undertaker!. :On Wednesday:last be grew worse than usuil, a.surgon eras .called 40, who: seated him to be in imminent danger, and gave him medicine ; but he liOgered in the most excruciating 'pains ell Sunday morntrielast, about f9Utt : o clock,, when'he expired... vip hy i tnyfe• The Coroner said; the jealousy of the law was such, that it required Inquests to be bell on aliversons that dit In priglis. It appeared clear ,tbe deceaw!, died a natural death.—VerdiCl—.“ Visitation of Cron ". Vilia.—Friday morning a fire brae nut at Bontbyd: Farm. near •Brietol, eccopied by Mr. Youia, when the witoie of the .prendses were deetroyed, and meet allay dead ertick._ . corrar.or sisszov. ea11.44.08ff. SZCOND DiVlllloA—SALtanuarestAacik .91 /TIC,ERi OF STATE s'. EARL. OF 111A8R1149 . 7„T. Last week the tords of the Second Division eidte , Court of Session pronounced judgment in the proms of declatator, at the instance. of tle Officers of State, for the int‘rg4t Ahlt 495V114 *BA* *444 of Haddington. In this pincess, the pursuers maintained 'thus the defender was not entitled, by virtue of the !felt be bid to the Royal• domains sirrounding the PCice of Holyrood, to sell, quarry, or take away manes from Sal6burY Craggs. The Earl contended that he aid his predecessors bad used that,lfht for liuudied yeArs, and he was doing nothing i egal insoatliming these operations. The Lord Ordinary reiir" seri to grant the interdict, and the Officers of State .peti. tioned the Inner House, who advised the Petitioit with answers, and adhered to the Lord Orginary*, interlocutor, and, in hoc state, refused ttie.retitiots fr. the Officers of State. ace. The Loan ADVOCATE plead for the Crown, artd M r . CLERK and Mr. Hop& for the Earl of flatlcliagtoo. A free pardon has been received at the olkce4th e Crown Agent, Eiinburgh, for William Roberts(); condemned at last Circuit at Perth. ASSIZES. ' WINTER HOME CIRCUIT—HERTFORD, Di tc ,..9. The Commissions issued on the present occasion were similar to the Commissions usually issued, ex cept that a proviso was inserted in each leaving it to the Judges to exercise their discretion whether t h ey would try such cases, wherein the recognizances re quired the prosecutors and their witnesses to appear and prosecute the offender at the General Sessions of 'the Peace, "• or other Wise." The Learned Judges named in the Commissions were Mr. Baton GRAHAM and Mr. justiee BAvt.,Ey, both of whom arrived this morning. in this town, and proceeded to the Town Hall to open . their Commissions, after which they at ' tended Divine Service. The Calendar contains (23 cases, two of which are ,capital felonies ; the rest are petit larcenies. • There. was a very full attendance of the Nobility and -Gentry' of the County on the Grand Jury. Mr. Baron GRAHAM, as the senior Judge named the Commission, charged the Grand Jury, and pointed out to . their attention the disadvantage of a Circuit at this time of the year—the inconvenience to which it subjected the Judges, the Grand Jury, the Petit Jury, prosecutors, and witnesses. With respect to the Judges, his Lordship observed, that it was inconvenient for a man advanced in years to perform Such a duty at so unfavourable a season. The Gentry of the country were also called upon, at a seaso:l Usually devoted to recreation and domestic retile ment, to leave theiL homes to perform duties of a nature not the most agreeable. 'Lie yeomanry teo, - who could ill afford the expense of ti avelling, and loss of time consequent upon their services a, Petit Jurymen, at so inhoseitahle_a season, were as much the subject of consideration ; whilst, perhaps, the un happy persons confined in jail did not suffer mote than was commonly the consequence of the criminal law, as it at present exi-te.d. The business of to-day was wholly destitute of pub . lic interest: the cases tried being principally petit larcenies. Only three Gentlemen of the loag robc I were in attendance at the Assizes. EmemE. " Imperium ii :ras—Circumspice." England, Wales, Scotland, Ireland; andtheir adjacent Islands, Gibraltar, Malta, lonian Islands, Sierra Leone, Cape Coast, St. Helena, Ascension Island, Cape of Good Hope, Algo* Bay Colony, Mau'tidos, Bombay and its dependencies, _Ceylon, Madras, &c. Bengal, &c. Soicapore, Canton, New dolland, Island of Van Mine, Demerara, Jamaica, Bermudas, Ihrtradoes, Grenada, Dominica ant' other Islands, Newfoundland, New Brunswick, Nova S.:otia, The Canadas. SINGULAR EPIGRAM. The following Epigram is written in four different language,. on a window in the Warwick Arms Inn, Warwick ; In questa casa troverate Tout ce qu'on petit sowhaiter, Vinum, panem, pitices, cones, Coaches, chaises, horses, harness! MARRIED. • • Nov. IS, at Cupar, Dr. Andrew 'loves, physician, Kises 2 Kettle, to Helen, only child of Mr. James Macnaughton, Monday se'nnight, at Annan, Mr. Welton, to Miss Snowden, both of Haltwhistle.—There were upwards of a dozen maar- . riages at Annan Lift week, from this side the border.. The new Marriage Act is a fortune to the backk-ids of that piase. . DI ED. Nov. 20, at Dunk eld, Mr. Chas. Leslie, surgeon, R.N. aged 42. Saturday, Miss Sarah Tadnian, late of Gravesend, while nn a visit to Christopher Tyler, Esq. at his seat, Whybriilge, Essex. • At .Shirez, in Persia, in December, 1821, Dr. Taylor, fur merly a Missionary. Nov. 30, Captain Malcolm Frazer, of the 79th highlander ,. ,, quartered at Nenagit. Nov. 30, at Ryegate, on her way to Brighton, for gm, las:104 of her health, Eleanor, the wife Qf B. A. PoLl..of &Am'. ford-bill, in the 56th year of herage. Sept. 22, at his seat at Hadersdorf, near Vienna, General atl Field-Marshal illoion Landon. Ile was descenJed from ..n at:- dent and noble family.in the county of Ayr, a branch At settled in Livonia, in which province In; was born, at Totzerria 1/67. He first served in the Russian army, w:ls Aide-de-Can.; . .to Prince Potemkin in MIS, and was sent with the news of t'!e• ikzakow to the Austrian head-quarters, where uncle, the celebrated Field-Marsiial.l.audou procur ed him fro.w. Joseph IL a commission in the Auitt ian arty.i. He distinguish- 4 . , himself In all the campa;sns (lurk; t!te war, bronght on by :be. French Revolution, and deservedly attained the highest honoern 11l Al t.S. ilia. nu s. • . Dublin 1 0 .Fessien ~ . 0 0 Waterford 0 11 Hanlbiscoli 0 3 Guernsey and Jersey 0 0 Flanders ' 0 0 lisbnn 0 1 Malta • • 0 ate. *".- Holland Leeward 15404 0 0 I i'votten -- hergb 0 . 0 0 01, NIGH-WATER at LONDOR 010Prin1/01i40/111,1%. 0 -1-Irtite. -.fte , . I SIJ minutes after I "7"'"'" , •t. ?fluted an 4 yun;i4gdjly, Lars. Km% 1 1 4 ° 4- placr, brcuylt43o. Morning Al tertummi ; , S .1 ;. ii f :!! 9 ,