The National Register. — London, England, 1811-12-01 00:00:00

THE NATIONAL REGISTER. visuals, and that man who would feel it the greatest crime to cheat his neighbour of one tarthing, bud no objection to draw what t‘licy could from the public purse ; thus it becomes necessary to arm the Pubic with stronger powers to detect and convict in such cases, and it became the more neces sary to inflict exemplary punishment upon the offender. Mr. Jek?,!, on the saint side, observed, that in times like the present, economy and integrity on the Fa of the servants of the Public was peculiarly necessary, an i unless. offences like this was detected and punished, the evils to the Public would become enormous, he therefore Doped he did not put it too strong on the part of the Public, in tru s ting that the Court would visit this offence with severity. The Court then ordered the defendant to be committed to the King's Bench Prison, to be brought up again for final judg ment on the last day of Term (Thursday next). sons were. She was eteeriag direct fur the coast of Holland-a• and upon examination aiateea passengers were found s on board; they were all Germans except one, who was a Frenchman. They also found on hoard 4til.als. 6d. in the gold coin of the Realm—a quantity of foreign gold, gold drops, emeralds, and other articles of trade; and discovered that sonic bags of gold had been thrown oveibiaird, and also that they had on board a quantity of letters for the Continent. There was no trade spe cified in the license, except fishing alone. This, therefore, was an illegal voyage, and the Admiralty was justified in detaining these persons. The Court, upon this, ordered them to be remanded. CHARGE OF A RAPE. • Mr. Searlett moved for a Writ of Habeas Corpus, to brim* up the body of Mr. Thomas Deers, who had been committed to the jail of I.ancaster upon a charge of a rape,salleged to have been committed on the person of one Elizabeth Stowell. The affidavit, in support of this motion, stated, that the pro secutrix's mother kept a hoarding house at Liverpool, where. Deers lodged for about two years, but having taken a small house for himself in Liverpool, the prosecutrix proposed going to live with him as servant, until he could provide himself with one, to this he assented, amid, accordingly, on the taath of Sep. teniber last, she came home to his house. In three days after the parties slept together, and this way frequently afterwards repeated, until the 10th of October, when sin gave notice of quitting him, alleging, as her excuse for leaving him (and no other), that she was goirg to Ireland with her mother, and oat the day she lett him (the lOth) she prepared his breifklast, made the beds, and cleaned out the rooms, and then went away without making any complaint, or giving any intimation what ever of her intentions. On the 17th of October he was taken up, on a v; arrant dated the 16th, and committed t.) prison upon this charge. It appeared aiso, that the prosecutrix's mother and sister had been frequently at I.3isers's.house, about the pay ment of a bill, between the mate of the 10th and 16:11, and do - mention whatever was made of the circumstance, or any insi nuation of improper conduct on his part. It further appeared, upon the affidavits of an Attorney's Clerk, at Liverpool, and another person, that, previous to this time, the pro,ecutria was considered, by ttem, as a girl of loose manners and cunduct.—Rule granted. VI riThESDAY, NOV. (27. THE KING V. HOSEASONT. Mr. Parke showed cause against the Rule obtained in this cause, calling upon ti defendant, a Magistrate of Norfolk. to show cause why a Criminal Information should not be filed against him, for misconduct in his office as a Magistrate. The complaint upon which the Rule was grant, d, stated, that a lad named Gueval Baddely, wa's engaged in the service of Mr. Hoseason, as a labourer in husbandry, and, upon a complaint of Monteith, his own Bailiff, he acti..,l as a Maerstrate in his own cause, and committed the lad to Swain - am jail for a mouth, and to be whipped. In answer to this, Mr. Parke produced the affidavit of Mr. Hoseason, Mr. Monteith, and several other persons, in which Mr. Hoscason stated, that he considered the lad as the serva.:t of Monteith, who had the hiring, payiNg, and dismissing of all the labourers, and when he cot:it - Otte-41 hint on the coniplaint of Monteith, he thought he regularly took cognizance of the mat ter, as upon the complaint of a master kraiii , t his servant. He ' then detailed a number of circuinstanr , 4 of the misconduct of the lat', and that there was no other Magistrate near to take cognizance of his conduct. After Mr. Atbritcy-Go:cral had he'n .heard in reply, Lord r.LLFNMOROUGn very much reprobated the conduct of a Magi .- in sitting as.a whet; in substance he was the accu . ~ ; but in considering all the cirrumstances of the present case, thought the Rule should be discharged, the defendant paying all costs.—Rule discharged. THE KING V. THF. JI'STICES OF SUFFM..K. Mr. Carney moved for a Rule to show cause why a mandamus should not issue to the Magistrates of the county of SAO*, commanding them to tender the oaths and receive Cie declara tions under the Toleration Act, i W. and M. a. (2. C. 18, of Leonard I.llington, who had been six months dissenting teacher of a congregation at Mitton-hall, in that county. This the Ma gistrates had refused to do, without assigning any reason; awl the applicant could not be other ise exempted from the pains and penalties of certain statutes of Ch. 11.-4tule to show cause granted. TIMRSDAY., N0V.128. THE WING POTTINGER AND BOOIMRST. The defendant's in this case were this day braujint ty for judgment. MARINE STORES. John Benrett, William Spiller, James Hopkins, Salter, and lihn Bridges, were also brought up for judgment, being con victed of having in their possession quatitiiis of his Nlajesi y's Marine Stores, contrary to Act of Parliament, as mentioned io a forme:Paper. Bennett and Spiller were sentenced to be imprison ed in the House of Correction at Exeter, and to be kept to h..rd labour for the space of two months; also to be publickly whip ped for the space of 100 yards, upon a market day, within that period. 'Hopkins and &Ater were also sentenced t" two months tmprbonment and hard labour in the same prison; and Bridges to two months imprisonment and hard labour in the House of Correction at Bodmin, in Cornwall. NIANDANIUS THE KING V. THE MAYOR AND CORPORATION OF PLY MOUTH. Mr. Serjeant Lens moved to make the Rule absolute fora Mandamus to the Mayor and Corporation of Plymouth, to pro ceed to a new election of a Mayor. Tire particulars of this case we have given in a former Paper. Tire Attorney General, in showing cause against this Rule, ob served, that this Corporation was governed by Act of Parlia ment, by which it was provided, that they should proceed to the election of a Mayor upon a certain specific day; they had proceeded to that election, and the oerson who was found to have the majority of votes was returned, but it afterwards turned out that he was disqualified, not having taken the sacra ment within a year previous to such election,. according to the provisions of the Act ; he therefore contended, that he who stood next en the poll should be nominated and sworn in, as they could not now proceed to a new election, the day spe cifically named for that purpose being passed. He perfectly well knew that it had been determined in many cases, when a disqualified person had been elected, the Court directed they should proceed to a new election, but all these were cases wherein the parties might be elected upon a subsequent day. In the present case, the election must take place on a specific day, or the Corpora ion was actually dissolved, and he was sure the Court would not sacrifice the public interest to the interests of ;hose individuais, who might have informed themselves better, before they elected a disqualified person, and therefore upon these grounds, contended that the Rule ought to be dis c harge d. The Court, however, thought the Mandamus should go, as they would be the better able to judge the merits of the case upon the return of the Writ, as the Corporation might then r e turn facts which were the substratim of the present at - grime:it. The Rule for a Mandamus was accordingly made absolute. 'l he Attorney-General moved for a Writ of Mandamus to the Corporation of Scarborough, directing them to restore Mr. John Fox to the office of one of the Capital Burgesses of that Corpo ration. Mr. Fox had been duly elected, and sworn into office ; and receiving a notice to attend a meeting of the Corporation, he was indisposed, and unable so to attend, upon o'hich, and without further notice, or any other provocation, the Corpora tion proceeded to disfranchise him.--Rule granted. In the matter of Emmerson, Bartieman, and Alford, three impressed men, Mr. Jarvis moved the return of the Writ of Habeas Corpus in this case. These persons applied to be dis charged from on board one of his Majesty's ships of war, upon the 'grounds of their being engaged in the fishing trade, by which they are protected from impress under a specific Act of Parliament. The Attorney-General, in support of the return, and for the detention of these persons, stated, that by the Statute of the 36th of George 111. certain vessels engaged in the fishing trade were exempt from impress; but the exemption in those cases were confined to vessels engaged in tire fishing trade alone. fly the return to the Habeas Corpus it appeared, that Lieutenant Mer ryck, of his Majesty's schooner the Pincher, being on a cruise in the Charred, observed a strange sail, which lie was directed by the Admiral of the Fleet to bring to and examine. He found het to be the mach Alexander, on board of which these per- , ' , Army • . _ • .._ ~~- ~, 9 • • 7. .. v P _ A 4-: -~.. "'S 4-4?.7.1 • ~~*. ~ '24‘'