The National Register. — London, England, 1821-11-19 00:00:00

~. ,~. Me: PM, tkeisarveyor, up lOW, at lb* Ming of de Cowl, for leave to move for at Illitiadonfics calling wools B. Morris. Jodie* of the Palace Court, to correct an errisneims view taken of the law, in u elutrAe which Ira node tu the Jury, iu a cause vs heeciii Mr. Pitt 'v.'s lilainttlf. The Ju d.es Bayley and Bea told Midi° asundamw ,uod , r MICII circumstance., could be giantipluantlibat he wen: (Nile in error If he supposed the court could compel any Judge to revise his charge. The upplicatiligt was refused. COURT OF COMMON PLR tS. MONDAY, NUS!. SETtlitli V. OLAYIk This was an insurance cause vrlifelkisail been tiled be fore the Chief Justice at Guildhall, crier a verdict was round against the defendant, wati represents the Imperial Insurance Company:—there were . I,wa actions against the Imperial, and two against the l o tvcnix Insurance Compa nies, arising our of the loss sustained by the same fire, and to he decided by the saute evidence; but after the verdict fur the plaintiff in the present action, the defence of the others was given np. Sergeant liullock, on the part of the defendant, obtained a rule to skew cause why the Postmaster should not rem vs . his taxation or the plaintiff's bin of coats, and disallow the costs of experiments made by witnesses to enable them to gee evoletice in the cause, and also allooatices matte to theist for their loss of time. It appeared that the Sinn ill- Wined Was 70,00.11. and that the cost of experiments made by the pl • 11's witnesses was 3,0.144. Sergeants Less, Vaughan, and * faddy, *hewed cause against the rule. They contended that the case was wholly new, the initin quesiiviii on the trial being, whether the lire was occasioned by the Ilse of a new patent process fur ref • g sugar by the use of heated oil, and fitr the purpose of sire' mining this point it was necessary that the experiments should be made. It was also the practice to allow scientific men for their loss of time, as loss ut time to thou war 11.1• s of Sc. grant Hillock, for the role, contetided that the platutill had nu tight to eliarze the cost of an expensive education, which he had (tonight roper to give his wit nesses, to pis pare them liu t;-Via; evidence ; if he had, lie might by the same tide have seat them to the Univer sity. It was also decided , MAI no witnesses should be allowed his loss of time but ,it tot 'ley S and surgeons. The Court applit d to the Pt othottotary, to know whe ther physician* were usually allowed I • or their loss of time, aiii at what rate. 'Pie Prof lionotary said, physicians were always allowed for their loss of time, %lien atteilitiog to give evidence — wove the alloWdliCe to att..rne)e 114,1 L oco raised to two guineas a dry, he .thovietl ph)bich.uss and elergymea the same. lining asked by the Court what allowance he made to barristers, lie " Lords, u.•►er allowed thee► more 1.114111 one Gniuea a thy."—(A great langli.) The Protlioliolaiy, in explairition, said, the since th e allowance to alturlie)6 was raised, he hail never had occa • ion to tux the allowance to barristers, or he would have allowed them the dame.. . . _ The Coital, atter some consultation, decided that the othonotary blie lad review his taxation, and that he attould nut allow Ally COMA fur experiments tried by the witisraves,but that lie shook! allow Iwo glla tt CAR a day for the time of ph)sirians, halt nut tut that ur any other wit swum, whu were examined in the cause; anti that he should divide the costs equally between tile Imperial awl Phoenix linaurance Companies. •ILIiAX •. FELTON. This was an action of trawler tried at the Sittings at Guildhall, to recover the value of certain goods seistsl by tile defendant in a distress for rent, in which a verdict was taken for the plairdill, subject to the decision of the Court on a case, which was after wants turned into a special case for argument, and now came on to be heard before their Lordships. Before the case was gone into, Mr. Serjcant Lawes, who was for the defendant, said, that possibly there might bc no occasitm for going through with it, as the plaintiff had died since the commencement of the action. _ _ . Mr. aierjeant Marshall, who was for the plaintiff said it was quite common in cm) , day's practice to have the opinion of the Court on a case where either of the parties died between the verdict and the judgment. The circumstances of the present case were these : In 1819, Mr. Gilman, the plaintiff, who was a boinbazeen 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 for 2011. on ac count, which was regularly accepted, and sent back to him in the country. 'l'ile plaintitlgot tile bill discounted at his banker's at Norwich, but before it become due Milne died, and on becom ng due it was presented at his late warehouse by the banker's agents in London tor payment. but was sent back dishonou et 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 plainutli, who had distrained upon them fur 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 We hall& of a factor were subject to distress tin rent. Mr. Serjeant Marshall, for the plaintiff. Lid down a position. that goods delivered to a third poson.exercising publicly a trade or business to be by him carried, wrought, or managed in the way cf his trade, were not liable to distress tor rent. In support of this psition lie cited a vast number of cases, and contended that the object of this exception against the general right of tl,e landlord, was the benefits of triOe and commerce ; that the pre sent ease came within the principle of that exception; and that the greate4 inconvenience would resit to the exiensise trade of this country. if goals so placed wee not protected by it. Mr. Sergeant I.awes, for the defendant, said, his learned brother looked to the inconvenience to trade; lie, on the other hand, would have their Lordships to look to the inconvenience to the landlord, who had a no less inirattant interest of this abridgment of his rights. The landlord had u primp ficie right to distrain upon all goods found 011 his premises, which were assumed by the law as his. There were, however, lia admitted, exceptions to this right, which were goods tit an inn, or a wharf for carriage, or gnoils at a weaver's era tailor's,or othet artfains to be wrought, The ground of the exception, lie contended, was the necessity of placing the goods in the kali; of a third panty, to undergo sonic process or manufacture, which was not the case with goods in the hands of a factor, which were only there to be sold. Why (lid not the owner or manufacturer sell them himself? If he did not choose to do so, he must submit to the inconvenience of his own seeking, and sham in the risk to which all under-tenants woe 'abject. ihe Chid Justice said, the right of the landlord to Glistrain for rent was dear in point of law, and the rule was w take all that found on the premise,: prima facie as belougMg to the landlord. Hut this, like every other general rule, had its oweptions, and the que s ti on was , whether the present case came witliw the scope ut the rule, or fell under the exemptions? The foundmiun of the rule via , the prin c ipl e O f publi c c o nv e nien ce in the prevention of trawl. The principl e o f t h e exception was very THE NATIONAL REGISTER down. and all were in &vow of public convenience in trade. and seemed to him to apply muck mere strongly in the ease of a factor than of any other exception. Deciding upon this ease by analogy from the general prinetpl:' it appeared to him not to be disun guishable from the case of goods sent to a warehouse, or an inn, or a wharf. all of which were admitted exceptions; and without applying himself to any other case, but simply to that which was betore the Court, he should say, that the goods of a third p ar ty hi the hands of a factor are not liable to distress for rent. _ _ Mr. Alsace Park. Mr. Justice Burrough, and Mr. Justice Richardson. concurred in the opinions which had been given. Judgment was accordingly entered for the plaintiff WELN USDA V. Nor. 14. The Court sat until twelve o'clock, and 'truant common motions et ere ilispo.eil of, after which the Chief Justice vat at Nut Fria:. The follow inx was the only defended cause. PE4IIaoN • Sitollr ortal.D. This was an action under the Pilo) Act, to recover of the defendant. w Ito ran witterman, Oa penalties for acting is a p.hit in piloting a vessel down the River Thames. be not being duly licensed and certificated as a pilot. By a clause in the Act, colliers and ve,sels trading to Nor. Nay, the Courant, and the 11.thic, arc excepted from it. operation, and the venal in yuestion being hound 1111 her voyageur St. ri.let.hurgli, unto itlistanding that the defen. d.ut was neither the toaster our mate, nor belonging in ally to her ere*, there was nu ground fur sending the ease to a jury ; and n nonsuit was accot (tingly entered. Mr. Sergeant Lem, who was for the plaintilf,then stated, lb at the object of the action was Heady tt cAuhlish the caw• as w 1(11111 the eve. ptioll, With a view to an applicat lon to Pat Harnett( fur some alteration in the regulations of pilots under the Act. TA Ila V. WOODROI. Sergeant Vaughan fur the plaintiff nail obtained a con ditional rule, caning on the defendant, who is Warden of the Fleet Pi isms, to chew cause why au attachment should Ilul imsllti against. St geant 111isset now xliewed cause against the rule.— It appeared by the affidavits that 4 person of the name Isit 11(.4E13 Farre had been confined in the titles of the Heal itt the suit of the plaintiff, and that all 01 ill`r of Covet had hero served un the defendant's deputy, to to tug him into court on the last day of 7liuity Perin, to be charged in execution, which order was not obeyed in consequence of the prisoner's nut being to lie found till after rising of the cowl on that dal ; at which time the Warden's deputy, in consequence of tion-appearance when called un, refused to allow hint the privilege of the rules any longer, and crannied him within the walls of the prison till he was released under the liseutrent Debtut's Act. Sergeant Missy( contended, that as the plaintiff had nut sustained any loss in consequence of the order served on the defendant to bring up his prisoner not being obeyed, he was nut 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 ;codifies& to obey the orders of the court, lie must be held accountable fur every act of disobedience, and would of coarse be indemnified by the security he had taken. The court, atter considerable consultation, said it did not appear that the defendant bad used due diligence to bring up the prisoner in obedience to the older of the court; it was therefore proper lie should suffer in some degree tor his neglect ; bid it was quite manifest, that hail the defendant obeyed the order of the court, the plaintiff would not have been benclitted. as the pi isoner would have been equally discharged under the Insolvent Debtors' Act, and it would be too mocha for the court to say, that the del endant should pay the plaintiff's dent, when Ins conduct had by any means contributed to its loss. 'Dia judgment of the court therelore was, that the rule obtained by the plaititill should be discharged, and that the defendant should pay the costs. A Midnight Botber Ki.fkd.—On Friday a Coroner's inquest was held at Shidnall, Shropshire, on the body of T. Pouter, who was shot in au attempt at robbery.— It appeared 111 evidence that the shop of Nit's. Austin, of sititheall, havin k i been several tittles robbed very re cently, a friend persuaded one of Mrs. A's daughters to scatter some meal round the front doorway, in order to aseerfon whether access was made by that entrance.— This plan was adopted on the 2goi ult. and next morn ing it was clear that some person had ethered by that way; that the lock of the shop door had been forced, and that the [Miller had retreated the same way, fasten ma toe door after him. On We nesday night list Mr. Dunbar, with Mr. Edmunds, rut Cr, and Mr. George Austin, remained on the watch ; and anont one o'clock on 11110Taling a person in a stunek frock com menced opening the door, and thus molt hits nearly an hour and a halt to etket, when ite entered the shop, but went out and returthd .tellll. Mr. Dittilta r mimed tatel seized hilts, hut Air. 1.1. arms coming nt contact between the upper and lower part of the door, which was in his hand, ne was obliged to louse his huid beliire Mr. Austin could get out at the passage door to seize the robber out side. The Wall ran ofl, but Mr. Austiu came up with him near the house of Mr. Foulkes; u sculde emitted, and the robber's frock riptug near', through, he again got loose. lie was however, pursued by Messrs.Austiti, Danbar and Ed ds. 11. mg now without his smoct (rick, hal, anti shoes, he gained g din the pursuit, sipon which Mr. Dunbar called out to hint to stop, but tins challenge to surrender being distegarded, Mr D. fired a pistol at him, the ball from which entered his back and passed direct through his heart, itotwithstand nig which the unfortunate maisfurther ran with great speed down the Jerissingham Arms lim-yard. over the b.tlle, and hall way towards tine cnorelt; he then felh Mr. 1). ran for a surgeon, but the Wall net er spoke dim In has pocket was hound a picklock ; and ate WAS-known as a sagaiamd. Coroner's Jury returned a verdict of "Justifiable Homie.dr." Au accident occurred to the Hon. Sir Charles Paget, id the evening of Saturday se'lluight. at Deal, which timatt ti:d unpleasant consequences. Sir Charles having arrived to minds( Ins broad pendant, das desirous, not withstanding site gale, of going o: tana:ll,. and, accom panied by his brother, the Host. Berkeley Paget. 4:111. harked in his boat, which was soots after meattip..d. By good management no ill consequence ensued beyond a thorough wettiug of all that were in the boat, with their . clothes, Waage, istc. . 367 A glaring instance of military interference occurred lately, which we should hive 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 ..f Lord Itavensworth'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 been for the " 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 have been thrown over. We understand Lord Ravensworth has himself expressed the strongest disvpprob. tint' of the men iii question. Though we are glad that his Lordshig has done so, we cannot help de ploring the frequent recurrence of such scenes. Diteauvor. STORMS.—Friday and Saturday sennight the neighbouthood of Alyford, Montgometvshire, was visited by an inundation more sudden than has been re membered during twenty-five years. From Penylion to Myloml 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 Llatityllin ou horseback, on Friday evening, and was round drowned in the flood, a short distance faun that place: it is supposed the unfortunate man was in liquor. Toe rapid rise of the Severn at Shrewsbury Was ext raoril Mary. On the coast of Wales, many sect detits at sea occurred during a dreadful gale of wind from the north-west. Several fishing-boats on the Carnar volisWre coast were lost. Three fishing-boats were upset near Peuniaen Mawr, with five men in each, who were all drowned. In one of the late gales, a herring. hot belonging to the New-quay, Cardiganshire, was lost, and the master (John Lvaits), his two SOUS, anti three other persons, unhappily perished. HIGHWAY 1101:31iillr.-.-0il Saturday !light last, as Nlr. Bruce, of Gr. y's Walk, Lambeth, Was returning bone front NVestinitister, he was surrcuuded by four men from the Surrey-loilge, near the corner of York place, Lambeth, two of whom seized him by his arm, while a tlurd rifled hfs pockets in front, and the fourth Iris Coil 'nickels behind. Alter they had leisurely tut nett his pockets inside out, atid secured the contents, con sisting of some silver, a watch, a purse, and some papers, they decamped with their booty. Ait Jet:tilt:lit occurred on the Marine-parade, Brighton, on Monday the 12th inst. which had nearly been fatal to the parties. As a gentleman was driving himself and lady in a tilbury, time horse started at the sight of one of time flies, as it was carelessly drawn across the toad: in front of the horse, and turning quickly towards the railt that overhang the cliff, lie gave a sodden leap intending to clear them. Providentially, however, his fore legs carte to the ground close to the road-side of the rails, which, altho' strong, must, but for tile timely arrival of assistance to release the parties f heir perilous situa tion, have given way under the pressure of the horse's weight, bearing as it did entirely upon than. 11" e should display an indillerence, we hove foreign to us, did we onus recording the courage and intrepidity di'. played by the lady on this occasion, who, notwithstand ing immediate destruction was inevitable, laid aside all selfish tear, and seemed 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 most have fallen out had it not been for the presence of asthma and dauntless conduct of his fair preserver, who neither strieked nor swooned. Semen INO AccIDENT.—On Nlonday anemoon last, about one o'clock, a little girl, about two years and a half old, named Jane Morris, who was placed out to nurse by its mother, a servant in a nobleman's family, to a ports woman in New Compton-street, Si. Giles's, strayed away from the door of her house, and the poor nurse was run- • • g about the streets in a state of despair in search of it, when she was met in the street by another woman, whom Was hallellillg to tell her that the poor infant had arrayed into Dean Street, in Oxford.strect, when in crossing tire road site slipped down, and a coal waggon going by at thetime. the lore wheel leassed over her chest before the •waggimer could stop the horses, and the infant was taken to the hospital and died sooti after. The body now lies for an inquest. Illock-tin pipes have been lately made by a brass roomier, of Edinburgh, which promise to he of great utility l'or the conveyance of gas. and for oth-r porpoSe" The chief advantages of the block-tin pipe over any other ' , • arm., its being less liable to be acted ; T on by gas amid, Irvin tite nature of the metal, not likely to, oxidate or corrode; and from its ductility, it is easily bent to suit the diligent situations req•iired; and, as the joining* are made with solder, nearly of the same nature with the pipe itself, any blow or strain which the piped might re. calve at or hear the joint , Call tin IP tie injury, as both the solder and the pipe will yield toaethei, and never produce a leak as copper pipes, if put together with soil solder, are apt to do, whets subjected to the supposed strain. Tne ne;ghbottrhood of Newington. Lambeth, and C milserwell, is infested with a must desperate gang of thieves, who have not for some wed:, suffered a night to elapse wit haiti mbbing the houses of sold! of the inha bitants. 0, Sunday itiOn, the house 01 Mr. Hawkins, a cheesenumger, corner of York street, 131.1ek.riar's-road, was entered by means of pick-lock krva, aid tonne.' of prolievy of near !MO p 0111 1 ,13 v.tlue. it is Iselirved the property Wj. emir, yell ma hack ney.coach, that w seen waiting Aot far dis Lost. The house o. r. J. S Ho.kt:h of Sam h-strtei, 11'alavorth„ was broken open anti on thottaine night of linen, apparel, awl a Variety of otter property. The house of Mr. N .2 G e George-arreet,,Walworth, wit also 'tinsel and robbett of,, great gwitkitv of linen, plate, app a. I, jewel kiy, number of elotlit.s. motley, .ttimi ottirr proitertv. 'rue thirties tott i hate been for a con_iderabl, t i me on tie premises. a the !reneging night, the Welsh chapel in ILittleGuillord-street, Sdo.bwask, was broke IMO (for the thitti time within a sli:trt p :bad), all the locks 01 the cupboards were forced, aitd the cluck, sod satiety of property carried vL ldl.;k : 4' -_.,,,. ~'