Star. — London, England, 1803-01-24 00:00:00

INTELLI;;L.At.E. COURT 01' I:lNG's BENCH, JAN 2:. THE FIARQ , IS OE HERTFORD AND OTHFRS V. THE I,lltl Balsrm. ASD This eatife engaged the attention of the Court :Ina iota, chit ing the whole day, and, therefore, t! :twit of the Pager will only admit of a general derctirtion of i t Mr. E, in a very eloquent fpeech, opened t:ie pi untiti's calc, explained the nature of it, the inei e les on whi• h it was funded, and the evi dence he had t' torp..rt it. It was an i The dire led by the Lord and the cptenion was, I% (miller it i, neccllhry for the prele.rvation and pi. , :caion of tl.e lands, in Sudbui it and Orford whit the Hamlet of Royden, that the Cca wall,, t iv( r walls, Irwin s, floices, and other fences, of and bliniriging to Lanthern Marthcs and King's Mailhei, Ihould be fupported, maintained, and kept in repair ? 'l'itere was another iffue, not of fo much importance, namely, whether Lanthern Mart es and King's Niarfhes were a mutual pro-, teftion to each other; and whether the intervening wall was a wall of proteaion to each of them ? The qadlions which this proceeding brought be fore the Jury were of very great importance, not only as they applied to the individuals having pro perty in theft: dintias, but to the whole iiland we inhabit, from the principles embarked in the trial of this caufe, and the application of the evidence to thofe principles. This iffue was direfted by the Lord Chancellor, in confequence of an application made to his Lortilhip to fuperfede a Commiflion of Sewers, which had been granted and Wiled under the Great Seal of Great Britain, proceeding on . the joint fat of the Chancellor, together with the two Chief Jutfices of the realm. The Commit: fioners of Sewers being armed with a very high jurifilietion, it was thought beneficial that fuch commit dons thould not if ire as of courfc, but on materials being laid before thole who are juflly confidered to be the molt competent judges—the Lcrd Chancellor and the two beads of the judges of the kingdom. The Chancellor alone . has the jurifdielion of iffuin g it, as it is an infirument under the Great Seal. He alone can fuperfede what the Great Seal has given ace to. The Chancellor conducted himfeif with great propriety and will dom, in fending this before a Jury. When a Corn miffion'of Sewers is ordered under the authority of the Great Seal, it does not follow that the Commilloners of Sewers have a right to tax indi viduals, though inhabitants within the fcope of their local jurildiCtion,if theft inhabitants have no intereft, or receive no benefit, from the works which are crated. It may be eatily put on the record, as it frequently basheen done, and brought into confideration before the Court of King's Bench ; and therefore it occurred to the Lord Chancellor, When he caw a contention between thefe diltries, as to which of them ought to bear the expence of die works neeelfary to prevent the inroads and incurfions of the fea, to fend it to this Court. Tite proprietors of the two dairies of sudburn arid Orford Marines fay, they receive no benefit from the walls and fences of the two dif tries of Lanthern and King's Martha. being kept in repair, and that therefore they ought not to pay any part of the expence neoefTary for keeping in repair thole fences ; and this was the queftion to be decided by the Jury, after hearing the whole of the evidence on both fides. Commiffioners of Sewers are alveoli as ancient as the law ; they arife out of our iiifolor fituasion,furrounded as we are by a raging element on every fide. So early as the reign of Henry 11. the Chief Juftice formed a code of laws fur the regulation of fewers ; and Lord Coke obferves, though they apply princi pally to ebofe particular parts, they throw great light on the red of England, and thew the Judges .the nature of this proceeding. The nature and principle of the proceeding is this—the lands of England, and indeed the lands throughout the globe, next the lea, are comparatively of little value ; they are generally not very much worth the protceion of thole to whom they belong; and therefore thole, whore lands lie next the fea, might be taxed beyond their value anti beyond their in well, in keeping out the lea; and if they alone were to be burdened with that expence, they might rather choofe to abandon their lands altogether to the fury of that element, than to expend more money than, perhaps, the whole fee fimple was worth ; and the fea, if left to itfelf, might snake future inroads, which might never be got rid of, but might extend its influence to different parts of the kingdom ; and, therefore, to prevent dick ter rible inroads, all thofe who may be in any way interelted in keeping out the fea, mull contribute to the repairing of thole fences that are necefffry tor that purpofe. This is for the benefit of the whole inhabitants of that part of the country. It is one of the moll enrious considerations in nature, how a.... fea, it not lepelled, goes oo in making inroads and ineutfloos ia particular pine Ls. The t;.-.111-ea:l extremity of !Lc Aland rrdents a molt awf:l and wontleti . :l ce , .:.dcf.:tton, when you come alor the le., till you approachll'in eieel. fins Ice, or ra:oer you do not fee, where ancient Wincheltca, frith its tw_nty-eight parilh churches, now rcduced to nit', Rood in the time of Henry liL In.the year I:ss tt wad buried in the ne-an, anJ, in the reign of Elizabeth, (hips of the line were capable of riding there at high water. If yca Jo not Itop the fen, in the beginning of its ..nrroachments, you cannot answer for its future co , oferpie riya is the univerfol mouo to he rt•C•:: red. '11:: v.•:tnel; examined was Mr. MAI, a furveyor. .1- le merely proved the accuracy of the flan troth which Mr. litikiue bad token his defcrip t:rn of the place. Mr. Longhorn, the harbour mailer, defcribed t!!•7 time at which it was high water in the river tyre 31 •01 :a the ; there were two hours differ • •e. I:- r olEett dt he marches being overflowed i tic ti:c h-ach ; the waters •,.1 tl.e of Orford, and the people, : • i t iii sun.c '1 whole of King's Marl, and Lootl ••,n Mar flu e one entire flied f:f r. T:.e water r-ithet: .a both horn the river and ka The Rev. Mr. Connor corroborated the Rate s ment of Mr. Erfkine, as far as related to the ef feels of the inundation. He was of opinion that; ' if the fea wall was not kept in repair fo as to pro.' teet the beach, the whole level would he loft - to the fea. He laid the beach was not a fufficient• protection without fences to break the violence of the waves. He thought if there had Leen a bale wall a little dihlance from the beach, it would have prevented the coidequences of the form in 1 79 1 . The next witnefs was a farmer, who had confi derably fuffered by the inundation ; he defcribed its effeels ; he frill he was upon a riling ground with his flocks furrounded by water ; he remained there till a boat came to his relief; he was of opi nion, that if the lea wall was not maintained, the whole level would, on fume future convulfion, be defrayed. Several other witneffes were examined, all of whom fpoke to the fame effeft. Lord EL LINBOROUOH then ohferved, that fo many witnelles on the part of the Plaintiffs had proved, that if the beach was not kept in repair, the adjoining mayflies mull he conhiantly covered with the fea, which would rife to its level, that he thought it would be very difficult, indeed, for the Defendants to refill fo much proof. Mr. GAR ROW, leading Counfel for the Defen dants, contended that his Clients ought not to have been included in this Commillion of Sewers, which had been granted on the application of the Marquis of Hertford. He Malted, that the De fendants ought to be taxed to no part of the ex pence neceflary for keeping in repair the walls and fences of Lanthern and King's Marfbes, on this gr.rund—that the Defendants, without doing any thing more than they themfelves could do, by pro tee-ling themfelves by their own fences againil the water, were in a Hate of filch complete and per -1 feet fafety, that they cleared nothing more, and that nothing more was neceffary to their fecurity. The Plaintiffs had produced an inftance, in the year 1791, of an extraordinary convullion of na ture, that might, or might never happen again ; at that period an inundation was not peculiar to thole marches, but even the gowns and wigs of Counfel were shoat in Wehnunfter Hall. No ar tificial work of man could have guarded againft the effe& of fuch a phenomenen. He contended this propofition, which he was to fupport l2y evi. dente that if all the walls and fences of Lanthern Marshes and King's Marflies againft water, were loft and (wept away by the fea, the Defendants, in the common courfe of nature, would be per redly fecure. • The Noble and Learned Judge thought this ra ther a bold propofition. Mr. Goldbura, Superintendant of the Piedford Level, in C,ambridgelhire (about 300,000 acres of ground), had, with other engineers, Purveyed thole mettles, and were of opinion, that the repair of the beach was not necelfary to the Defendants' marshes, but only beneficial to the Plaintiffs. The reafons upon which they grounded this opinion were, that any quantity of water which could come in through any breach of moderate fire in the beach would either be drained off immediately by the river Ouze, or would be effedually refilled by the walls of the Sudburne and Orford Marthes. This opinion being diredly contrary to the opi nion of the Plaimiffs' witnefes, and it appearing that thefe witneffes, (although Ikilful furveyors), had not lived in that part of the country,shad not witneffed the former foods there. and were not acquainted with the ftrength of the tide in that part, or the probabilities of its making extenfive breaches in the beach, if it was not conflandy repaired. Lord ELLIIIIOROVC 11, in the conrfe of thetrial, took occafion to obferve, on that part of the di redion of the Court of Chancery, which hated, that the Judge before whom there Ales were tried should be at liberty to make an indorfement of Ipecial matter on the poftea. His Lordfhip ob. ferved, that he had no duty call upon him, but what the iffues upon the record calk upon him.— Thofc iffues his Lordfhip read. He had no direc tion but the record. He had an objection to tieing called upon to tnake any indorfement upon the poftea. If any thing came out in evidence upon the ifie that was effential to be indorfed, he might indorfe it on the polka; but the Jury and he had' nothing to try but the iffues : they were to exa mine into fads as they had a bearing upon the Mites, and not to hunt after projects ; that would be going out of the province of Court of Law. He was bound by the record, and by nothing but the record. The Jury were alfo bound by the record, and by nothing elfe. They were not fworn to try any thing but the iffue joined between the Parties. The Witneffes were not fworn to ;peak to any thing bat the iffne, and if they fpoke out of it, they could not be indided for perjury. So that any eztrinfic matter which might be ex petted to be indorkd on the poftea, was matter of which he WAS not bound to take notice ; neither were the witlreffes fworn to (Peak to, or the Jury ;worn to decide upon it; for thefe reafons his Lordlbip fail, lie fliould be abfternious aboutfuch indorfements. Nor would this ultimately produce any inconvenience, lince the Court from whence tilde iffues came, might have the infpeetion of his Mites, where every material thing (worn to would appear. The evidence being gone through, his Lordfliip expreffed his opinion decidedly, that the keeping this beach in repair was neceffary for the preferva tion of the defendant's marlhes, and that therefore he humid be bound to contribute towards the ex pellee of it. lie formed this opinion from the !evidence of feveral of the plaintiffs' witnefes, re fiding on the fpot, and who confidered that the plaintiffs' marthes mull fhr.rdy casereit with the lea, if the repairs were not kept up. Should this happen, it appeared to him, that the breaches originally made mutt increase by tinsc, and the country which was fo much under the level of ! high water mark mull be i!nindated. He alfo I thought that the opinion of til.,fe engineers, teem ' eel the molt conlanant to rcairn and cep-fiance, who thought that a (*ample a An, which now far . rounded Ll.: defendant's matines, would not be. that cafe, Nang enough to refill the whole preffure of the German ocean. As his Lordthip was proceeding to faun op the evidence,, The Jury expreffed themlelves perfe&ly. of his Lordthip's opinion, and found a vertita for the plaintiffs. And, therefore, the Commiillon of Sewers which , has ilfued, including the Decendants, will preceed ; and, as his Lordfhip, in his obfervations to the Jury, flated,if any perfon thinks himfelf aggrieved by any order of the Commitlioners, lie may, by writ of Certiorari, have that order removed before the Coot of King's Bench, who, in the mean time, will Ray all proceedings on fuel; order, and dire& an iflile, its order to try what is necetrary to he done, and how far loch order ought to be car tied into execution. POLICE. &c. MANSION HOl.lSS.—Saturday Grc•rlze • Find.) WAS again brought before the Lorta Mavos, he hav ing been charged with threatening the lite of a young woman. A butcher in Leadeuhall mar ket, whom he had lived with, called feveral per fon: to prove thefts againft him, bin all this being hearfay, the charges were not fubflantiated, and the Lord Mayor ordered him to be difcharged, up on finding fufficient bail to keep the peace againll the young woman. HATTON GARDEN. Friday Sohn Dew WAS charged on fufpicion of having committed a high way robbery on the Edgware road, in company with another perfon, who made his efcape: The prifoner is a butcher, had ferved on board the Badger (loop of war. The man, after returning to London, fet up a butcher's (hop at Duck-head. In company with another, on the Edgware road, he attacked two gentlemen. with intent to rob them, but was refilled ; a general purfuit took place, and when the prifoner was apprehended, in the neighbourhood of this office, he had only one penny about him, a pair of fpedacics, and a poc ket handkerchief. He was committed for re-exa mination. UNION HALL.—Bowery and his two Cons, re maining in cuflody for the Dulwich murder, were on Friday brought up to be again examined : af ter a long inveftigation, they were ordered to be detained to give evidence againft Craggs, the chimney fweeper, who Rands committed for trial at the next Affixes for Surrey. WORSHIP-STRlET.—Satur . day three young men were charged upon fufpicion of having committed a burglary and robbery at a bottle in the parifh of St. George's in the EA. Several articles were found on them, and identified by the profeeutor being fulpeded to have been guilty of other rob beries, they were committed for further exami nation. Four young boys, the eldeft not more than fif teen years of age, were charged with robbing their parents of property, at various times, to a great amount.—They were committed for re•examin• anon. A man was charged with going into a fpirit flop, in Spitalfields, having half a pint of liquor, when he put down a guinea to change, which was given him ; he then Paid he did not want the change, meolleding he had got filver, and would take his guinea back, which was given, when he found means to ezchange the half guinea, 2nd gave a had one inftead. He was committed for trial. WHITSCRAPIL.—On Saturday a long cafe was heard before a Bench of Magiftrates, argued by Counfel on both fides, to thew how far the feveral Ads of Parliament operate as to the conveyance of wool from one place to another, without an ap propriate mask on the covering is thong Roman letters. Several Ads of Parliament were quoted; one in particular Rates, that wool conveyed to the lea coati within the ditiance of five miles, is liable to be feized and forfeited, betides a fine. The cafe retied on the obliteration of the word a , wool" on the covering of Tome packages, which were lodg ed in a wareboufe. The Magithates adjudged the penalty of fix pence a pound upon the wool Co reseed, amounting to 800 pounds weight, which became forfeited ; but an appeal to the %sorter Seffions was entered upon in order to have a fo lemn decition upon the cafe. A man of the name of Harrffon underwent 'an ther examination, on fufpieion of having commit ed a forgery,andpaffing an inftrument, purporting to be the IA will and tetlament of Jofeph Dean, a feaman fuppofed to be dead, to receive his wages and prize money. He was committed for re-cia mination. A poll boy belonging to the White Lion Inn, Nottingham, returning home with an empty chaile from Arnold, a few evenings ago, was flopped by three footpads at the bottom of Gallows Hill, and robbed of 38s. The houfe of Mr. Pow, lA, (the Drury-Lane Prompter), near Mary-la-bonne Fields, we are forry to bear, was, in his abfence, tubbed, a fcsv evenings fince, of feveral stainable paintings, anJ a varicty of other articlessellith which the villains got clear off. During the week before la t, the foilnwing accidents have occurred in Coventry :—Two chil• drcn, the eldell not fix years of age, hare been burnt to death ; and the life of a third is delpaired of. There various accidents happened in different families, their parents having lctt the hooks only for a few minutes. A few days ago a fervant of Mr. Freefe, of Wal worth, fufpeting that there were thieves about the premifes, got up in the might and fired off a blun derhufs,whieh,being overloaded,brnit,and tore his hand fo dreadfully, that he was obliged to fubmit to inftant amputation. A melancholy aceidentimppened on Wednefday fe'nnight, from the thoughtlefs and too frequently fatal pradice of taking home loaded guns. A perfon of Worcefler on his return from (Looting, depofited his gun, charged, in an adjnining room, where the children of feveral neighbours wereaffembled in the evening, on a Christmas party; when a youth play. fully took up the gun, and !evened it at a daughter of Mr. Williams, in Bread tfreet, who was of the party, the contents of which fhe in part received in her breast and arm; fur runat ei y the arm bring held up in frar.the principal part of the charge went un der it. and ibitttcred the bad: of a chair to pieces. At Stafford Salons, the whole of Tlinrreae - .vas taken up by an Appeal of Earl FWLEAS the pout's rate- of the pat alb of Stowe, wherein the whole of his demefue at Charley was rated. ill Lordtbip claimed au exemption for upwards ,s 1;00 acres of this, which was called in-dyad/sr, and Willed that the part called ca!-ehtelbe only nrf liable to the rate, the in-dentehte having been an ancient pall: and extra parochial. After a varitty i of evidem.e and Coutifel were heard on each.f.cie, r t h e B enc h d e t t intuited, that the part called mcfne was extra parochial, and dirated (by c(a l . fent of both parties) that the ate lbould be amended accordingly. An anfwer of E.ail Fseiteas to a bill in Chan cel y, filed by Mr. FITZGER•LO in 176 z, was pm. duced oa the part of the refposidents, in tch.cla his Lordthip fitted his dentefrie (generally) to b e in the parili of Stowe, and they *Allied a 4:21i to be granted for the opinion of the Court of King's Bench, on the quelticn, " Whether this anfwee was not conclufive evidence againfl his Loicifb:p, that the whole of his demefne was within the pa rilh;" but the Magithates were of opinion - it could nor be granted. Pay XI& AND OTNEAS AC•INST 716 PAWS aATI OR Woolf TAN Tnia.—The.quell;oll Was, W Ise cher or not the getting of iron done came under tie defcription of a Mine, and if the It frees of the works were not liable CO be rated !—The Court thought, as no iudance of irearftone being mod was known, they were not jul/16e4 itt raying ie was rateable, and dire3ed the rate to hq arcended accordingly ; but being a new queflion. a cafe was referred for the opinion of the Council' King's Bench.' ECCLESIASTIC AND ACADEMIC PROMOTIONS CA MBA DC E, JAN. 21.--Yellercsy EPefil7, Badge. I )rb' Commencement, the following 75 gentlemat, from the undermentioned colleges, were atiaaha ra t B.ichelors of A: ts • Kin•' ' s Morgan. Trinity Cortege—Metirs. th.gh, Butien i C ittt , Cohen% HawketWoah, 1 lewgill, Hewat, Jcfct, Masvhootl, Parke, Prime, Rofe,Ttrnell, Witt% a , ! St. John's Cilitse-Mcfra Bowater. Browne, Grii , Craw, Gyle., Hoare. Holmes, ITotAltifon, Maltby, Meratf, Parry, Roberts, Standly, Stark le, Waite. It Peter-Houk—Meth-a. Bryan, Jones, Manstd4, Pad 4 Clareball..-Melfra. Bonney, 'Coles, Hewitt, Hied, Mai. CCU:- Pcmbroke-lial—Mein. Hamilton, Pinder, gyer, Wood, Cato* Cofiege--Morrs. Detroit, Watfus Trinity-hall—Mr. L'ilicrw a • Bennet College—Mr. %Vanier 4".ecit's CAtikie—Mtn. Brett Ewbant. Forlor, Macy. m.ddt, Rote, Smith P. Ward. 14'. Warl • Ca:berine hil.l—ahlr. Tennant. Jain CoUessielediri. Ogle, Thoiageg, Thostifon. Woo& rard. 4 Chrifl'a College—Mei/re. Davie, Mom, Pat& Magdalen 011egr--Melrni. Oak, &Ali. Emanuel College--Meers. Baran, Harcirwt, wry, Wood. The Senior Wriggler olds year Jo Mo. Starklc, eiSt. join& :ollege. The Rev. Wlllbran Clark, M. A. of Clare bail, is cicala* Senior Fellow of that Satiety. Billsop of Lincoln has edllated Ate Res. Sic. Vistse, Fes. fefor of Alltonsway in this univerfity, to •he Prehasd coin, vacant by the death of the Req. Dr. Harrough. • The Rev. Timothy Fah Foaled, sate of Trinity Cage. hs been left.autcd to the peepett.a/ curacy of Cowlasodu the Fa! Riding of Yorkthirc, on the prefent*tien dii brodlerAshall. CIA Barnard Foord Dawes. The Rev. Cuthbert Joirfoo Raines, M. A. of Pembroke College, Otrord, and Cliaplabt to the Right How eke Radtell Home, has been inßituted by the Lord Bitherof Lenoir iree the vicarage of St. Ives, with the chorines et Oilhunt Woo-lhurft annexed. Rev. (Aeries Dalton, M. A. late Fellows( Cult lege, h., been Milted by the Lord Billing. of Said:try Ito dm vicarage of Welt Lasington, The Rev. Thomas D r ecaA . e Morris. M. A. late of St. Jdhera ColleAe, is inflituted to the roftory of Siselfsager, is Norfolk on thegra.a.tatiott of his Grace the lAtie of Norfolk. • • DIED. 4411temay, at his haute is Auft.ln-liaia, Etialtardras.tillt in the 61 ft year of his age. _ • lOH WATER AT LONDON *RIDGE Tte- Morning - • •• • sz mown, after 3 Afternoon WHEN Prot:el:Eons! Men of education sad To. fponlibility deviate from tlic germ! fyftem by ItteSs tedliou of a peculiar Haunch, the fiaftiou of /sing :eoadigsvi Needs is the heft criterion of figscrioriti. Ten year. have.' devoted my pratikomthe tuct.dree tram ment of THREE DISORDERS, and the fueref.ful :slut if my plm gime me additional ardour to oppcife arfar hal as able the ravages of thole complaints Kilt amuse 'enflbling,. ant in the catalogue of human Infirmities. . . . . After initiati;:t into every branch as on Army %ryas, I formed a with a: an early period of Practice to rauueindiaticio als from the ignnri.nee of ameducated Meo, 0 f the eguaLly dAn gerom precipitancy of viten! Pradtirtionera. The THREE DISORDE RS, mew core oft:Med lioreedi voted my attentinc, comprize carry fpecica of Vi:NEREAL INFECTION, wiwther of a recent or long duratioat,,a44, All hinds of DEBILITY, whether ariting Frain the balked Schoolboys, or the indlolgenes of mature age, and lailby that de rangement of the fyftent in Wooten "phials railed SARRE,- NES:: or STFRILITT. Numerous difeafes are the ?en* of ignoamee artistic illehe treatment of a fimple (.onorrhea, and it not 'tuft% queatly hey pans that the &eels of Life are pi:Coned bythe indifesetios alas ungvatiled hour. By a furerior method Inch complaints as eateey cured, and even where others have failed, I trot that may yreituse to offer a radical re-eflaailiibmeat. l'ew, however, are the rake) of contrite:Kul diftteffs b the. tiii•.rder, curnrared with thccalamituut ?loath:ins of Mon, radon from int u:isr.te in a SOLrIAILY YlCl , or the pral th el: Gait ti"i o' a LitiOUJIIIk Life, aCIU:r that Bated whit:, is the unavoidalele eunfequttece of loch perokkesslialabr Where tht or:harry ftdfcrer broods over his otifery:butersa fully conceals his misfortune, it ntay he fume eaufeasitias ler hint to kr,w, that although it he an ulqe:tvef doubt or uses ahoy with other Praelitiemeas, the removal Pf Cu F. NClliSSytherrsdiral peer% fs of reeve-titan t heart:l/Z:0. neelit of rtry experience. It the rites of Ltaccitaa we Pettus haw begun to reduce manly vizour, much anxiety will beT-extere by an early counteradian et this languid Late, and is theta cafes tio great difficulties will occur. But where this defickncy has fie veers canted, a prop:, Perfeverance is iadipenfibly reinifite to revive the n.libcrc i (parks of Life, and to re.anitnate the CordEitsstion. MARRIED V4'OIIIE:N. who have long leen difapposimii in their rept:l=lons ot a Farc.ly, may be aEured, that ia a:glances lush defeats are curztile by Me4calfzill. The SECRECY which i. fo client; it to my undertaking, wall the (2221ilicatinns which I have prefumed to este, font tie Balls ‘.l" my retentions, and in coincidence with ilia this minion is given, that Mr. BREL may be confult4.4l palatal, (or by letters itselafiag a lima eotcl at his haste, Ista.ap.Aar., gel.ftreet, Strand, near Temple-Bar. That is as additional entrance in Watarlecet ateirees and the name is on both the dives. M. !;REF., hiember Mlle Royal Colkre of Burgeons LONDON . Printi,d tut the Pnpri, bar.. by JOHN I).khr'r:. (4 Maiden-lane, Covebt.C.arden) at Th.! STA - Orrtca, No. t, Grey-greet; and paYirktd by I.F.T . KENT,of Carrterburyldve.Lam! ) . , re No. t A:an - y.4e sad at the St wa-Orrter. Tet.l:4e-iar; to•whi.h t7R . • : einoswoicatimsfetthe Fat re a ars Silf•Viefile t•