The National Register. — London, England, 1821-11-18 00:00:00

- Mr. Pitt, the surveyor, applied, at the rising of the Court, for leave to move for a 111111140011118, calling upon li. Morrie. Judge of the Palace Court, to correct an erroneous view taken of the I hw, in n charge which he made to the Jury, in a cause wire.. in Mr. Pitt wan plaintiff. The Jird;,es Bayley and Be,t told him no manditmu•, under such circumstances, credit be granted, and that he was quite In error if he supposed the court could compel any Judge to revise his charge. The application was refused. COURT OF COMMON PLEAS. MONDAY, NOV. Id. seveen V. OLAVE. This was an insurance cause which had been flied be fore the Chief Justice at Guildhall, when a verdict was found against the defendant, who represents the Imperial Insurance Company:—there were two actions against the Imperial, stud two against the Pit,. nix Insurance Compa nies, arising oat of the loss sustained by the same fire, and to he decided by the sante evidence; but after the verdict fur the plaintiff in the present action, the defence of the others was given up. Sergeant Bullock, on the part of the delendant,obtained a rule to 'Mew cause why the Postmaster should not review his taxation of the pleintiff 'a bill of costs, and disallow the twits of experiments made by witnesses to enable them to give evidence in the cause, and also allowances made to them for their loss of time. It appeared that the sum in sured was 70,0001. and that the cost of expel iments made by the plaintiff's witnesses was 3,0001. Sergeants Lens, Vaughan, and 'faddy, spewed cause against the ride. They contended that the case was wholly new, the MAW question on the trial being, whether the tire was occasioned by the use of a new patent process for refitting sugar by the use of heated oil, and for the purpose of ascertaining this point it was necessary that the experiments should be made, It was also the practice to allow scientific men tor their loss of time, as loss of time to them was loss of profit. fielgeent Bullock, fur the rule, contended that the plaintiff had no light to charge the cost of an expensive education, which lie had thought proper to give his wit nesses, t. prepare them for giviNg evidence; if he had, lie might by time same rule have scut them to the Univer sity. It was also decided, that no witnesses should be allowed for loss of time hilt attorneys and surgeons. The Conti applied to the Pruttionotasy, to know whe ther physicians were usually allowed fur their loss ut time, and at what rate. The Prothonotary said, physicians were always allowed foe their loss of time, when attending to give evidence since tire allowance to attorneys had been raised to two guineas a day, he allowed physicians and clergymen the sante. Being asked by the Court what allowance he made to bat risi es it, he replied, " My Lords, I never allowed them more than one guinea a day."—(A great laugh.) The Piothonotary, in explanation, said, that since the allowance to attorneys was raised, tie had never had occa sion to tax the allowance to barristers, or he would have allowed them the same. Thu Court, atter some consultation, decided that the Ps othosimary should review his taxation, and that he should out allow any costs for experiments tried by the witnesses, but that lie should allow two guineas a day for the time of physicians, but nut for that of any other wit nesses who were examined in the cause; and that he should divide the costs equally between the Imperial mud Phtu mix Insurance Compauies. isixatag v. ?ELTON. This was an action of Osier tried at the Sittings at Guildhall, to recover the value of certain goods seized by the defendant in a distress for rent, in which a verdict was taken for the plaintiff; subject to the decision of iho Court on a case, which was alter wards turned into a special case for argument, and now came on to be heard before their Lordships' Before the case was gone into, Mr. Serjeant Lewes, who was for the defendant, said, that possibly there might be no occasion fur going through with it, as the plaintiff' had dual since the amimencement of the action. Mr. Serjeant Marshall, who was for the plaintiff said it was quite common in every day's practice to have the opinion of the Court on a ease where either of dm parties died between the verdict and the judgment. The circumstances of the present case were these : In IHIO, Mr. Garnett, the plaintiff, who was a bontbazeen manufacturer at Norwich, sent a quantity of goods to a person named Milne, who was his factor in London. Ile forwarded with the goods a regular invoice, and drew upon Milne a bill fur 2001. on ac count, which was regularly accepted, and sent back to him in the country. The plaintiffgot the bill discounted at his banker's at Norwich, but before it became due Milne died, and on becom ng due it was presented at his late warehouse by the banker's agents in London for payment, but was sent back dishonoured and protested. The plaintiff then demanded that his goods, which he had placed in the hands of Milne, as his factor, should be returned to him, which, however, was refused by the plaintif‘ who had distrained upon them for the rent of the premises where they were deposited, which had been let by him to Milne.— The question therefore for their Lordships to decide was, whether goods belonging to a third party while in the hands of a factor were subject to distress for rent. Mr. serjeant Marshall, for the plaintiff, laid down a position, that goods delivered to a third person s exercising publicly a trade or business to be by him carried, wrought, or managed in the way of his trade were not liable to distress for rent. In support of this position he cited a vast number of cases, and contended that the object of this exception against the general right of the landlord, was the benefits of trade and cummerce; that the pre • sent case cane! within the principle of that exception ; and that the greatest inconvenience minks result to the extensive trade of this country, ifgoods so placed were not protected by it. MeScrgeant !.awes, lin die defendant, said, Isis learned brother looked to die inc.onvenience to trade; he, on the other hand, would have their Lordships to look to the inconvenience to tile landlord, who had a no less important interest of this abridgment of his rights. The landlord had a prima Judeti right to distrain upon all goods found on his premises, which were assumed by the law as his. There were, however, he admitted, exceptions to this right, which were goods at an inn, or a wharf for carriage, Or goods at a weaver's or a teilor's,or other artisans to be wrought, The ground (tithe exception, he contended, was the necessity of placing the goods in the hands of a third patty, to undergo some pnvess or manufacture, which was not the case with goods in the hands of a factor, which were only there to be sold. Why did not the owner ur manufacturer sell them himself? If he did not elloosz to do so, lie must submit to the inconvenience of his own seeking, and share in the risk to which all under-tenants were sit'iject. The Chief Justice said, the rii , ht of the landlord to distrain for rent was clear in point of law, and the rule was to take all that inland on the preini,ei retina filth. as belonging to the landlord. But this, like every other general rule, had its exceptions, and the question was, whether the present case came within the scope of the rule, or fell under the exemptions? The foundation of the rule was the principle of public convenience in die prevention of thud. 'r he principle the execptiuns was very clearly laid • - 'y e7.' •••• +/*, THE NATIONAL REGISTER *MOM* . •• &mead all were in favour of.public convenience in trade, and n o Jo him to apply much more strongly in the case of a factory &SI any other exception. Deciding upon this case by analogy hail general principle, it appeared to him not to be distin giblille from the case of goods sent to a warehouse, or an Mu, or a wharf, all of which were admitted exceptions; and without applying himself to any other ease , but simply to that which was before the Court, he should say, that the goods of a third party in the hands of a factor axe not liable to distress for rent. Mr. Justice Park, Mr. Justice Butrough, and Mr. JuAite Richardson, concurred in the opinions which had been given. Judgment was accordingly entered for the plaintiff. WEDMILSDAY, NOV. 14. The Court sat until twelve o'clock, and several common motions acre deposed of, after which the Chief Justice sat at Nisi Friar. The following was the only defended cause. PEARSON • 14011/111/11LD. This was an action under the Pilot Act, to recover of the defendant, who is a waterinan, the penalties for acting ua pilot in piloting a vessel down the River Thames. be not being duly licensed and certificated ns a pilot. By a clause in the Act, collier. and vessels trading to Nor way, the Cattegat, and the Baltic, arc excepted from its operation, and the vessel iu question being bound oa her voyage to St. Peiersburgh, notwithstanding that the defen dant was neither the master nor mate, nor beloneiug in any to her crew, there was no ground for sending the case to a jury ; and a itonsuit aas accordingly mitered. Mr. Sergeant Lens, who was fur the plaintiff, them stated, that the of ject of the action was clearly i 0 establish time CitiZ as within the exec piton, with a view to na application to Parliament fur some alteration in the regulations of under the Act. PAIN V. WOODROF. Sergeant Vaughan for the plaintiff had obtained a con ditional rule, calling on the defendant, who is Warden of the Fleet Prison, to skew cause why au attachment should not issue against. Sergeant !Asset now skewed cause against the rule.— ' It appeared by the affidavits that a person of the name of Nicholas Farre lied been confined in the rides of the Fleet at the suit of the plaintiff, and that an Order of Court had been served Oil the defendant's deputy, to bring hint into court on the last day of Trinity Tenn, to be charged in execution, which order was nut obeyed in consequence of the prisoner's not being to be found till after rising of the court on that day; At which lime the Warden's deputy, in consequence of non-appearance when called on, refused to allow hint the privilege of the rules any Wager, and c.,iifiued him within the walls of the prison till he was released under the Resolvent Debtor's Act. Sergeant Blisset contended, that as the plaintiff hail not sustained any lows in consequence of the order served on the defendant to bring up hit prisoner not being obeyed, lie was 110 i entitled to any damages. Sergeant Vaughan, for the plaintiff, very earnestly contended, that as the defendant granted the privilege of the rules at his own discretion, and for his own emolu ment, and always took security for the prisoners being in readiness to obey the orders of the court, lie must be held accountable for every act of disubedience, and would of course be indemnified by the security be had taken. The court, alter considerable consultation, raid it did not appear that the defendant had used due diligence to bring up the prisoner in obedience to the order of the court; it was therefore proper lie should suffer in some degree fur his neglect ; but it was quite manifest, that had the defendant obeyed the order of the cowl, the plaintiff would not have been benefiited. as the prisoner would have been equally discharged under the lasulvent Debtors' Act, and it would be too much for the court to say, that the defendant should pay the plaintiff's debt, when his conduct had by any means contributed to its loss. 'llia juJgotent of the court therefore was. that the rule obtained by the plaintiff should 1-e discharged, and that the deleudaut should pay the costs. A Midnight Robber Kiitcd.—On Friday a Coroner's impiest was held at Shithiall, Shroi.shire, on the body of I'. Pooler, who was shot in an attempt at robbery.— It appeared in evidence that the shop of Mrs-Austin, of Shiffnall, having been several times robbed very re ceittly, a friend persuaded one of Mrs. A's daughters to scatter some meal round the front doorway, in order to ascertain whether access was made by that entrance.— This plan was adopted on the 29111 ult. and next morn ing it was clear that some person had entered by that way ; that the lock of the shop door had beets forced, and that the robber had retreated the saute way, fasten in; the door after hint. Ott We .kiesday night last Mr. Dunbar, with Mr. Edmunds, printer, and Mr. George Austin, reitianed on the watch; and about one o'clock uu Titursday morning a person to a smock frock com menced opening the door, and this took him nearly an hour and a hall to effect, when he entered the shop, but went out and returned again. Mr. Dunbar immediately seized hint, but Mr. D ' s arms coiniug iti contact between the upper and lower part of the door, which was in his hand, he was obliged to louse his hold before Mr. Austin could get out at the passage door to seize the robber out side. The man ran off, brit Mr. Austin came up with hint mar the house of Mr. Foulkes; a scuttle ensued, and the robber's frock tilting nearly through, he again got loose. lie was however, pursued by Messrs. Austin, Dunbar and Edmunds. Wing now without his smock frock, hat, and shoes, he gained ground in the pursuit, upon winch, Mr. Duitbar called out to him to stop, but this challenge to surrender being disrezirded, Mr. I). fired a piii.or at him, the ()All from which entered his 1 back and passed direct through his heart, not tat ing which the unfortunate man further ran with great speed down the Jerntingham Arms 100-yard, over the bridge, and half way towards the church; he then fell. Mr. D. ran for a'sorgeon, but the man never spoke alter. its his pocket was found a picklock ; and he was known as a vagabond. The Coroner's Jury returned a verdict of " Justiliable An accident occurred to the Hon. Sir Charles Paget, iii the evening of Saturitay se'itirigirt, at Deal, which threatened unpleasant consequences. Sir Charles having arrived to relloist his broad pendant, was desirous, not withstanding the gale, of going on board, and, accont- Luded by his bromer, the Hon. Berkeley Paget, em barked iii his boat, which was soon after swamped. Hy good management no ill consequence ensued beyond a thoronli wutting of all that were in the boat, with their 1.411 . 2' - zaae, &c. 381 A glaring instance of military interference occurred lately, which we should have mentioned at the time we first heard of it, had we been convinced of its authenti city. The Expedition, new post-coach bretween Leeds and Newcastle, was attacked at Gateshead Fell, by several of Lord Ravensworth's troop of yeomanry cavalry. These men appeared to be in a state of intoxication. They rode full gallop with drawn swords against the coach, and had it not beets for the 1 4 glorious uncertainty" of hitting what they aimed at, which a situation like theirs generally causes, there is every reason to believe that the vehicle would hare been thrown over. We understand Lord Ravenaworth has himself expressed the strongest disapprobation of the men its question. Though we are glad that his Lordahig has done so, we cannot help de. ploring the frequent recurrence of such scenes. Daerumtut. STuems.—Friday and Saturday se'nnight the neighbourhood of Myford, Montgometyshire, was visited by an inundation more sudden than has been re membered during twenty-five years. From Penylion to 111vfod the water rose to the height of nearly four feet ; and at the latter place the houses were inundated two feet deep. A farmer, named Griffith Evans, formerly of Po niarth, left Llanlyllin on horseback, on Friday evening, and was found drowned in the flood, a short distance Irom that place: it is supposed the unfortunate man was in liquor. Tile rapid rise of the Severn at Shrewsbury was extraordinary. On the coast of Wales, many acci dents at sea occurred during a dreadful gale of wind from the north-west. Several fishing-boats on the Carnar vonshire coast were lost. Three fishing-boats were upset near Petimaen Mawr, with five men in each, who were all drowned. In one of the late gales, a herring. boat belonging to the New-quay, Cardiganshire, was lon, and the master (John Evans), his two sons, and three other persons, unhappily perished. HIGHWAY ROBBERY.—On Saturday night last, as Mr. Bruce, of Grey's Walk, Lambeth, was returning home from Westminster, he was surrounded by four men from the Surrey-lodge, near the corner ofliork p:ace, Lambeth, two of whom seized him by his arm, while a third rifled hfs pockets in front, and the fonnli his coat pockets behind. After they hail leisurely turned his pockets inside out, and secured the contents, con sisting of SOIIIC silver, a watch, a purse, and some papers, they decamped with their booty. An accident occurred on the Marino-parade, Brighton, on Monday the 12th inst. which had nearly been fatal to the parties. As a gentleman was driving himselfand lady in a Whiny, the horse started at the sight of one of the flies, as it was carelessly drawn across the road in front of the horse, and turning quickly towards the radd that overt g the cliff, he gave a sudden leap intending to clear them. Providentially, however, his fore legs came to the ground close to the road-side of the rails, which, Adm . strong, must, but for the timely arrival of assistance to release the parties front their perilous situ:. dots, have given way under the pressure of the horse's weight, bearing as it did entirely upon ascot. We should display an indifference, we hope foreign to us, did we omit recording the courage and intrepidity this. played by the lady on this occasion, who, notwithstand ing inunediate destruction was inevitable, laid aside all selfish fear, and scented only solicitous to save her hus band, whom she dragged into the gig, after he had beets , deprived of his seat by the sudden jerk, and who must have fallen out had it not been for the presence of mind and dauntless conduct of his fair preserver, who neither sh.ieked nor swooned. Smoot tia• ACCIDENT.—On Monday afternoon last, about one o'cock, a little girl, about two years and a half old, named Jane Morrir, who was placed out to nurse by its mother, a servant in a nobleman's family, to a poor woman in New Compton.st reel, St. Giles's, strayed away from the door of her house, and the poor nurse was - fling, a:tout the streets in a state of despair in search of it, when she was met in the street by another woman, who was hastening to tell her that the hour infant had strayed iuto Dean -street, in Ozhird-street, when in crossing the road site slipped down, and a coal waggon going by at the time, the fore wheel passed over her chest facture the waggoner could stop the horses, and the infant was taken to the hospital and died soon after. The body uow for an inquest. Block-tin pipes have been lately made by a brass founder, of Edinburgh, which promise to be of great utility for the conveyance of gas. and for other purposer. The chief:Mean:ages of the block-tin pipe over any other are, its being less liable to be acted upon by gas, and, from the nature of the metal, not likely to oxidate or corrode ; and from its ductility, it is easily bent to suit the dilierent situations revired; and, as the joinings are made with solder, nearly of the bailie nature with the pipe itself, any blow or strain which the pipe might re ceive at or near the joint, can do little injury, as both the solder and the pipe will yield together, and never produce a leak as copper pipes, if pot together with soft solder, are apt to do, when subjected to the supposed strain. The neighbourhood of Newington, Lambeth, and Camberwell, is infested with a Most desperate gang of thieves, who have not fur some weeks suffered a night to elapse without robbing the houses of some of the Mita. bittuts. Olt Sunday night, the hoole of Mr. Hawkins, a cheesemonger, curlier of York street, ickfriar's-road, was entered by means of pick-lack keys, and robbed of property of near 200 pounds value. it is believed the property was conveyed toa hackney-coach, that Wes seen waiting not far dist ait. 'Mite lonise S Hoskii h of South -street, Walworth, was broken (Teo and robbed on the same night of linen, apparel. and a variety of other property. The house of Mr. Wat.on, N .2 the t George-street, IValworth, wis also entered and robbed of a great quantity of linen, plate, apparel, jewellery, a 'mintier of suit: of clothes, money, and other property. The thieves must have been fur a considerable time on the !itemises. On the preceding night, the I.l'elsh chapel in (Little Guilford -street, South wank, was broke into (for the thin) time within a short periorl), all the locks of the cupboards were forced, and the clock, acrd a variety of proprty carried otr. I * _1 . mini ~_.