The National Register. — London, England, 1821-11-26 00:00:00

370 BOAI TUESDAY NIGHT'S GAZETTE. OFFICE. OF ORDNANCE. Nov. 17. Royal Regiment of Ariliery —Fiat Lieutenant Alfred Shore dries, from half ply, to be First Lieutenant, vice John Painter. reined on halt pay. Commissions signed by the Lord Lieutenant of the County of Ayr. James Lord Viscount Kelburne to be Deputy Lieutenant. Thomai Francis Kennedy. F.uj. to be ditto. BA NKIIIII"I'S. T. Arms. Vauxhall, potter. Solicitors, Aleurs. Henson and Co. fouverie Street. H. liandswonl, Great Winchester Street, Broad Street, mers chant. Sol. Mr. Lester, Crutelalfriars. .1. Ward, City, importer of foreign fruit. Sol. Mr. Browne, Lower Thame, Street. It. Bingham Gosport, hanker. Sols. Messrs. Cook and Co. Clement's Inn New C Moo rs. J. Wood, Birtuingnum, broker. Sols. Messrs. llulme and Co. N,w Inn. J. Bentley, Curtain Bond, Shoretlitch, hardwareman. Sol. Mr. Pike, New Boswell Court. R. ;Headway, Beaminster, Dorset, butcher. Sols. Messrs. Ilohne and Co. New Inn. J. Burrell, Newcastle upon Tync, merchant. Sols. Messrs. Bell and Co. Bow Churchyard. C. Sauery, South Elrord. Devon, lime burner. Sub. Messrs. Fox and Co. Austinfriars. DIVIDENDS. Dec. 22, P. Smith. sen. I'. Smith, jnn. and W. Smith. Burns den, Lancashire, muslin manufacturers-Ih, G. B. Whalley, Basinghall Street, isooll..n drr.per-1. 11. Fuller, Bethnal Green Road. surg.on-20, W. tirade, Preston, licpor merchou-11, J. Woods, jun. fort e a, tuck er -1, li. Friend, eouthwark, engineer -12, J, Wever anti G. Rare, platers--IS„ A. A. Rosa and J. Murray. leadenha t Buildings, Graceehurch Street, merchants -15, M. Tidy, South.g:ue, corn dealer—tB, J. l'eak, Newcastle under Line, nierctv-19, .1. Foster, Shellield, ironmonger -1. C. Alaeltcnaie, Catoline Street, Iledford Square. merchant -22, A. l'aton, T. Gill, and J. Brown, Old travel Lane, facelift Ilighway, snap manufacturers-11, T. and.!. W. Whalley, Friday Street, warehousemen —11, J. Robinson, fir. minghant, factor—P2, .1. Luke, Exeter, ironmonger -14, It. Price, Tewkesbury, corn tactur-15, .1. 11, imett, Green Fairfield, Derbyshire. cattle dealer -12, D. Adcock, Melton Mowbray, Leicestershire; druggist. CERT! F 'CATES to he granted I/cc. S. Weston, Ileanor, Derbyshire, hosier—F. Jenks. Brotnyard, Herefordshire, dealers—M. Tidy, Southgate, Middlesex, corn dealer--J. and .1. Bower, Bradford, Yorkshire, worstol spinners W. Pigott, Batclift Highway, grocer—J. Manchester, hatter—J. Ewing, Liverpool, merchant. R. Anthony, Plymouth, iron monger—P. Wood. Kingston, Surrey, gardener. LATE' INTELLIGEACE. COURT OF KING'S BENCH. monnAir, NOV. 19. ABUSE OF MAGISTERIAL AUTHORITY. One of the learned Coungel %aid, he lead to move the Court for leave to tile a criminal inform:Allen against two gentlemen, uhose eldniell he (ha tint eunvider it discreet to mention at that tune. The Chief Jeintiee intimated that 'Le Court ought to k n ow the person t. %k , 10111 the i 111 1 ,1111 0 .1.011 was to apply. The Counsellor replied, that he should hear what could be said on behalf of the I.:mien, and pet haps the statement might impel sede Ii in application. At this moment Judge lest came in front the Bail Court, and the Lord Chief Justice notindie.l that it would be more regular to d:•Is r the motion until after the judg anent, which Ili(' Cl , lll I lend then ill deliver. _ The learned Conin.el vit) made the application said, one of the parties nits n magistrate, and lie moved the Court against Orin wi the glllllllli of an almse of audio, ity. Proper notice ho enahle them to lila ill their answer was n nnessary, and !brio tore he wished to avoid all delay. The Court ordered the motion to stolid over to another day. THE NATIONAL REG" TIIC KING V. The SolicitortlenrrrtiiiisiTtrt.7 toe judgment of the Court on the dcfeudinit, James Pittekwed, found guilty at Blaidstone assizes, upon au httotmatiou tiled by the At. tot ney General, chat ;zing, 6inu sett!, a breach of the Qua rantine Laws, and ethic!' made him liable to a fine and imprkoninent. It appeared that the defendant, whilst on board a vessel called the Litmeick 'Trader, under quaran tine, not only opened a package contrary to au older in Council, founded on the Quarantine Act, but when lie was detected threw it out of the cabin window, and it was picked up. 'll l ,, iiiiiitotatina di set died the order in Council to he a pa whereas it was only a noti fication in the Gov lte, and the defendant's C iiiiii st.l objected to the eta or,as a fatal infoimalicy in the proceed ings. 'lhe Court 111.1,1 on tl,is occasion that the informality Wall a bar to judgment. and Its cc ted a flew trial, provided the Solicitor General si pi. St Cute de mew. The defendant was mdrrt II to enter into his own recog nizance to appear and tt ceiee judgment if required. CON.SPIIIA THE KING U. B th:%ollt NIKRY, CHESTER, •?4D 1.111. AN. The diriertilaii is, 5ti.1,1411111.i - iow anil Francis lienhory, appeared to rec.•lbe the j uugmr • utul the Conti, 1 I guilty of a coovitai y to bathe ail Aectiralty ti.stued H%roe, Nln.•l' linty tl Nils 10 guard against smog pug, I.y pi et 'intim: any hoot the coast. 'Hwy offered him is beach hear 11.1,111.1 :rn. The it. trial:tots vs el i• 61,14 in sle et nt eita.twas wa• a coal fay' rhaal, Coe other it hreuer, at Bexley, sit Yeut. Helitii.ry sills al'o to receive jtutt.tiletit 111 .1 /11/11.1.111Cr (Intro, of the saoo. tie scriptit.h. After the attempt made lu corrupt Mr. Byrne, he ars court rued u it li the other delettiliaitn, Chester nod Evian, at, I {lOO to lathe a Reatilito of the name ut Stets-urn, to let then, land 'wed,. The attempt tailed. Harrow a n d liessouty pot in affidavit*, swim; that the office. to al they tacit 41 money had led them iuto the ad, ncr. - 31r. Joalice 114y1( y, pio•ving t.entence, said. this nay an ofiehr, ‘ , 1.11 h c..uld lait be permitted. lively mast hi a Pit...al ..... Nu. C3,11(411'11 1.• 110 his (fill) ,-111111 1.(11111111. CW11'4%1.111 rot; W I.e t.I uun.ey to 1,10,411 1.11 him and to du liiv duty, d.selted heavy The Court art,ietiLtit Basrun 11/ 114) a line 1001., to be tiopriwtiell its liarshans awl, slim'. iiiid give aetbilly lin live )11 WS, Its .0. I...ciss lan 4,tbesi. in lat. each. Fa aura. H. lis.lls ), lut Ilia- lio st gat the (Metiers, %gag Sea l. art LI to pay a bur u. AU is. kJ 1111' King, be imprisoned i 'hunt', 111 ilt.r.lia•ri and give piertitity fur live Mt. 111114114 it ie, AIM and Rio whirrs en 301. For the s.cr a latisai r bur of 1010. and be ionpripolied t 1.. ce iiiiii 1 h.. 'a Lc r ilefeathults, Chester rued E)laa, were sea tonged to he imprisoned three n,nntlis in Horsham gaol, and give ;Weill ity for five years, themselves in fool. each, viii IN 0 ulher> in 201. each; also to be imprisoned until the said lines are paid, and security givt u. THE MING V. BUHTON. Tlic defendant, a constable at the Court house, Folks snow, appeared to receive judgment, after having been ffiimil guilty of an assasitt Oil a person mooed Dirkinsmi, an officer of the Cost , who was pursued by an infu riated mob at the lime he was going to give evidence before the magistrates. The defendant was stationed at the door of the hall, •s•itlt ostlers f the klayor of the town to let no 111'1.111 in. Mr. Dielien4oll, who wore his Cdl/11! %ilk his sword drawn, pelted with Monet and moil by the mob, and entleavrisired to pass the defrn• dent, who refused to let him into the Court-hun•e. lie assaulted him, and declared lie would hose his life before lie Moonlit go in. The Jury, at the trial, were directed to Like into consideration, whether the defendant was Acting from milers received fr ilia superior. The Jury were of opinion lie had gone beyond Its duty, and hound I guilty. Mr. Justice Bayley, passing .indgment, observed, that the defendant must have known the officer was flying to avoid the attack oldie mob, anal it was his duty, as a peace officer, to protect I rather than keep him out of a place where he expected such rescue and protection as the law could istford. The sentence of the Court was. that the defendant be imprisoned in the gaol of Canterbury t*o lis, and find sureties fur his good behaviour, himself 1001. and two others in VOI. each. _ . Soon after our &Hoek, Mr. Justice Holroyd sat at Nisi Prins, and tried several causes. Ise Lour' this day heard Special Cases argued. TIJEsDAIi, NOV. 20. THE EARL OF JENSEY o DEAN. This was directed by his Honour the Vice-Chancellor, for the pin pose Of taking the judgment of the Court oipoil the legal operation of a fine levied by the Lail and C 01111.• less of Jersey. The question appealed to be. whether the levying of this fine was a fin (entire of the estate set tled att Lady Jet soy in her marriage settlement. Mr. Lynch on a former day was licalol in behalf of Lott' Jersey. Ile contended that the estate could nut be divested by the acts of the parties. Mr. Conte addressed the Court this day, contending that the estate was forfeited. Tor Lot d Chief Justice, after beating the whole of the at pollen', intimated, that the Judges mould consider be fore they gave judgment. His Lordship observed, the ase lied been extremely well argued ors both sides, and mar in the heirefit of the clients. Ike on ihs Demise of CuLE tr. J. FITAGERALD, Esq. This was an action ut ejectment against Mr. Fitzgerald, the defendant, to recover certain premises in question. They consisted of two old dwelling-houses, known by the name of Beauchamp, fronting the turnpike-road, in Ram sey, two cottages io the west, a smith's shop, and four cottages limiting Love-lane, with oilier premises. In ISIO, two cottages were pulled down; and iii August, ISI2, Mr. FilWleralit began to erect a new dwelling house on the scite of the two cottages. On the If th of November, last, lie made his will, and among oilier bequests devised as hollows I— " 1 give and devise my dwelling house and premises al Rornsey unto Elizabeth Cole, of Ramsey, tot and her natural life, and utter her death gis e and devise the said dwelling house, garden, and premises to her son George Fitzgerald Cole, now an infant, w ho was baptised in the parish of St Giles in the fields, in the county of Middlesex, to hold the said premises to the use :if himself and his lieu's for ever, lint in ease Geoige Fitzgerald Cole shall delta' t this life under age, and without issue, direct the said dwe Hung house, garden, and pieinise shall become a part of the residue of my estate and ef fects." The testator also gave MIA. Cole all his furnitare amid effects. His estates situate at IVexford and Water ford. in Ireland, lie gave to John Turner and J. Purcell, his heirs. The lessor of the plaintiff, Elia. Cole, cohabited many years with the testator, who died without revoking his will. Before his death he moved out of the old dwcfling house, called Beauchamp, into the new house he had heeu building, and the question was whether the dovisee, Ali v. Cole, took the w hole of the tesiatto's property at ItAtetotry, tinder the words "footage, gortleti, and pie used in the will, or only pail of the property, erotbisting of the old dwelling house, without the new house, cuttagt s, and spot; tenmices. The question, ill tile tot ill of a special cam., Caine before the 4:roirt. Mr. Denman, as curativel tor the lessor of the plaintiff, contended that the testator, by the words house, Rai deo, and enlists, intended to give tlits lady, Airs. Line and her soil, all his property aI It iiiii bey. 111 r. Adam, on the other side aigued, that the lesimr of the plajitiar wa♦ not Willed miller the heipterti to I stain villa' the new liotoe or Immune removed tutu it. 'lke Conn were clearly of ',Minim, that all stir testator's ptaluott) at konivey passed to the devisee nutter the 'emit sit the will, and gave judgment for Mrs. Cole, who w ill enlist quiesill) he udmitlyd ut possession of the property. The Letrel Chief Justsce at two u't.lut.h, wbeu the. Cuuti NHS rising to sit wills lite test (tribe Judges iu the Exelie quer. said, lie understood several persons were attending to act:cave the jitilelitent of the Court ; it would tiles elute bee best to pioceed with Judgments to-niorrow,'lliursday, and Friday. Mr. Venison reiniodt.d the Court, that they had allowed Ilion to muse , this day ut tismoriow, fur a es tonna' inlet matt 111 l H isinst a magistrate, tar abuse of Isis authority. Lord CliiefJustice.—q e will hear you to-morrow. Mr. Peal min.—Unless it come on to-mori ow, there will be n difficulty in the proceeding. Luria Chit t Justice.-11'e will hear you to-morrow. 'the Jussh s a theu lobe and proceeded to the Exchequer Chain tier, to hear arguments of Counsel upon a point of law as isilig at the trial of a Gown case. NOV. Mr. Reader moved for lea s e to file a criminal infurnia lbws against Mr. Joists Walker, and two otliVr ovt r•cers, 01 St. Alary, Nottisighato, lot not contor gto the di rections of a select vestry. assembled in pm silence of an art lot bettor providing for olitougement of the poor.— '1 application atone mit id a trintsoctom before the Court test year. The pat ish of St. Mary, Nottingham, emutaime It.otlo pow, and the animal expente incurred by Ilse toltoottotits moments to 10,05.U1. Tito pariah !be came tee way to whirls their funds our managed, and geese notice to the overseers to mon ism* a xelt ct vestry. 'limy 'rinsed, and this emir( oat applied to fur a etiattilainus, which ‘A as granted, and the overseers made aralse fetus, but tidally were compelled ~.,. , to comply. In June last a special vestry was 1111 l and of the said vestry several resolutions ;iiv , 44l. One directed the overseers to discharge Mr. S. Wilkinson, the toaster of lire wet kheitie. Every one of these I esehttiotas the overseers treated w ith total dist erard and eiiiitimoicy• There was, however, rote subject wli ieli they were realty to attend to. lly the eel of the 5914 of the King, they ad 11l i l led that the parish had the sight to say what poor sl hi receive s chef, and consequently they were ready to •obey the directions of the select vestry On that point but all other instructions they treated wills egatil,— Mr. Reader contended, that the tovestieetn were oblig e d by the pros iaintis of the act to obey ail the resol.itions of the vestry, and therefore the informal . lie appli e d for ought to be grouted, in order to compel them to do the ' • wish Inisiticot according to the wishes of the p ar i s h- Oilers. Mr. Justice 11a) ley.—" This is not a case so clear that you must inter corruption in the officers in not t0mp1 . , .. in; with these resoltilions ? fime court never grant, a Cllllllll4l information against pat Nil officers without a pi inia facia ca,c or corruption, and I think the constritetioo of a new act lir Parliament may lead to some he‘itation. Idu nut see that the teriuml to comply is so clear a case of core tip tiuu that the coins ought to grant a criminal into Itude reimed. THE KING V. JACKSON, THE ELDEN, JACKSON, JUN. ANL* JERVIS, The Solicitor Ganora applied to the court fur a new Wel in this ease. The defendants %Pie I I guilty by 4 jury at Guildhall, of a conspiracy to su e out a connuissiou of bankruptcy against Jackson the younger. The Lout thief Justice read his notes of the trial.— The son of Jackson the elder saw ass ailstriiseinent, of lei lug the shale of a lucrative business fur sale. 1.1 eon. sequence of that sidvertisenit he had au interview wills Mr. Edgar, of Bartlett's-buildings. and was introduced to Mr. Fox, whoagreed to admit lino 1.. one-half 'here of his business, as a sal geon, fur a Constiles atiiin of 40.10f1. He was also to have the option of purchasing the whole at the end of a limited period. AtiVilliCt2l were made by the tither to the son, who became Orbital ill his tether to a cosesidtrasile a ~,,, unt. On the day the sou %US 10 pay the consideration to Fox, who was sued Ito the amount, and during that state of things, the defendant sued UM cuissniisSlon of Banks opt against hon. The question al the trial was, whether any debt b *sea fide had brill cositractrd between the son and tallier sit as to justify the petitioning creditor's debt. solicitor (leucite! slow applied for a new nisi, on the ground that they had discuss:led, since the trial, a deed of indenture, which loosed that debts were wally due froin the father to the son. He contended that lie partirs had debts against the suss, which justified the suing out the cmumiasiwt for the purpose of preventing the suit's properly Irons being swept away by one creditor. The discureey of the deed lo which lie alluded was smith- Client ground to induce the Court to grant a acw The Lord Chief Justice asked it coy gentleman lied a note of the menisci in a Welt he left it to the Jury Toe Sialicisor Genes al total nu Hulas Toe Chief Justice said, the impression on his 11111111 was not So II to question the alleged debt due bow tie hut ultrturr it was to lie considered web a debt as IA ould justify the father to stir out a commis -. 'Foe Solicii or (innerul adverted 10 the iialavit, in which he stated tool lie ailsaiiced sums Of 4444 ae) to hu soli from (lute to time, us consequeuce of his having a mail property. which he derived 40111 his grandfather; the other children of ,llr. Jackson had no property, and conseqiietitly the father expected slut rerun. The Court granted a rule to shew cause. SZTRAORDIN•ItY •ASZ. Mr. Pearson being culled on, said he had to renew the snot h.'s he mode the day before yesterday, fur a rule to ,hew cause lay a eruuiu.rl information should lye persons, n hose names lie did nut taco mem 00000 , and it wags not bib intent on to mention thrill oil tilts occasion. lie nun' • the application on the affidavit, of Atom Henson Carey, and Missy Atone Evans. Ile buoyed on :lie ground of abuse of auttiurity. One ..f the (trivial:tots nu* a magistrate of the county of Statiorit ; ;mother a gehtieman of fortune and family in Inc borne county ; the third sus valet lit tit: gen tleman; the fool-ill a coostioble of ilor township; ;girl the filth at person al whose house the pal ties were delivered as pi .soiters. Al r. Pearson observed, that he was obliged to enter fully lie en enitistanceb, because it w.:it net eisary to shoos these young a in were slot h a nk in he euinni,t tea as bagi ant, Airs. A. II Care) was a wiar.is ; she married earl) iii lite, and lived with her husband at Cork. After her husband's death she found it difficult to obtain support iii Loglitiol. Slit' lodged wills a Nits. Simla In 11 ood-street s Westmiaisttr, and obtained a livelihood as a srn.psnrus. On one occa s ion, as lieu she was taking net won k home, she am ant by a geoitlenoni, olio, struck wills her per, um, ente.ed Imo Chula rsation with her, and req .estall to know wiles,. she Inn d. Sae :isolated ;tiring information mm that paint, but s way tit is: ni•r i.e discover. d tier abode. Beira{ ill , she ts•ut for it po.,icurn, who brought the gentleman with him, :11111 inatonticed pins at , a relation a,f flit own., lie used every nigh,. amity in revisal on he ' receive lois vi.its b u t Wt , llol.lt tit:vet:b., Al last lie asked her to anti ke some shirts, mud ob. tamed a fen inlcrv.eus. Some tam • ales she is as entplo.ss al She accompanied Mr.and Ntrio.Sionth to Philadelphia in Aloe. rice. Two mimtlis alter her arrival ill that city sloe met the captain of the ship in which slot. came over. lie told her that a gruileitiati hum England ant in search Of her, and had lite:l44in); lion where she woos. The captain at the same time gave her the 101 l ,aria letter " My deal Miss {Leeson,—Yea %sill no doubt be sur prised when you recognise the hand.writing of one you have %longed, who is now an Philo& Iphia, and who wishes to ItilVe some comitmoicetion from you.—Meet me this evening at the corner of Walk ' , street." lie met her, and in consequence of a proposal which she considered advantageous, they lived together in Ame rica, and parsed fur snail and a lie. They returned . to England in 1;7.20, and lived together. Ile took a house for her at Liromptoio, living part oh' lois time there, and at his seat in the cotuNry. During the time he was absent from ner in the comirty, she received letters from hint. Mr. Pearson said lie must tioulde the Court with read ing few extracts, because , they would chew the situation of the parties, and prove there was no pretence for treating her at a vagrant. 't he letters were c iiiiiiii oinicated to the ina gistraie against al lie moved, 1110:WillIS111111ilig winch Ire committed her under a charge of vagrancy : " my dearest time, as you may suppose, is well occitpied hen; to-morrow shooting \VIII Commence, so that with the season and aaul,enicnta a certain little person may be forgotten. I wish you were here to enjoy the good things, not that you would have my company. I -'.---