The National Register. — London, England, 1821-11-25 00:00:00

.., 370 .~ c; .... ,110111 TUESDAY NIGHT'S GAZETTE. OFFICE OF ORDNANCE, Nov. try. Royal Regiment of Artillery.—First Lieutenant Alfred Shore Milne,, from brava'', to he First Lieutimun, vice John Palmer, retinal on halt pay. Collllll6Siolli blgiled by the Lind Lieutenant of the County of Ayr. James Lonl Viscount Kelburite to be Deputy Lieutenant. Thomas Francis Kennedy, Kim; to be ditto. BANKRUPTS. T. Moss, Vauxhall, lacer. Solicitors, Messrs. Denson and Co. Rouverie Street. H. Handsword, Great Winchester Street, Broad Street, mer• chant. Sol. Mr. Lester, Olathe(ltriar.:. J. Ward, City, importer of:foreign fruit. Sol. Mr. Browne, Lower Thames Street. . . R. Bingham Gosport, Lanka.. Ms. Messrs. Cook and Co. Clcmcnes Inn New Cluonbcr.,. J. Wood, Binning Mun, broker. Sols. 31a.srs. Holum and Co. New Inn. _ . J. Bentley, Curtain Road, Shorediteh, hardwarernan. Eol. 111 r. like, New Boswell Court. . _ . H.!way, liesminster, Dorset, butcher. Sols. Messrs. Irne and Co. New Inn. J. Burrell, Newcastle upon Tync, merchant. Sols. Messrs. Bell and Co. Bow Churchyard. C. Seuery, South Eftbrd, Devon, lime burner. Soh. Messrs. Fox and Co. Ausunfriar4. DIVIDFNDS. Dee. 22, P. Smith, seas P. Smith, p.m and W. Smith. Burn. den, Lancashire, tuuslin manufacturers —IS, G. B. Whalley, Bsainghall Street, wooffin draper—l, H. Fuller. Bethnal Green Road, surgeon-20, W. Brittle, Preston, lit or niereliant-1 I , J. Woods, jun. fortes, baker —I, H. friend, Southwark, engineer -12, J, Wcver anti G. 11a.•tie, She f f ield, platers-18, A. Hoss and J. Murray, Leads:rand' Buildings, Gracechurch Street, merchants-15,M. Tidy, Southgate, corn dealer-18, J. Peak, Newcastle under Line, mace --IJ, J. Poster, Sheffield, ironmonger —I, C. Mackenzie, Cal ulna: Street, Bedford Square. merchant-22. A. Paton, T. Gill, and J. Blown. Old Gravel I.anc Hateliff Highway, soap nutnufacturers—l I, 'l'. and J. W. Whalley, Friday Street, warehousemen —11, J. Robinson, hir • rningliam, factor —12, J. Luke, Exeter, irontnong,er-14. R. Price, Tewkesbury, corn factur--13, J. Bennett, Green Fairfield, Derbyshire. cattle dealer—l 2, D.' Adcock, Melton Mowbray, Leiceatershire, drugliisf • CERTIP !CATES to be granted Dec. 11. S. Weston, Humor, Derbyshire, hosier—F. Jenks. Bromyard, Herefordshire, dealer—N. Tidy, Southgate. Middlesex, corn deder—J. and .1. Bower, Bradford, Yorkshire, worsted spinners AV. Pigott, Hatcliff Ilighway, grocer—J. Manchester, hatter—J. Ewing, Liverpool, merchant—R. Anthony, Plymouth, iron monger.—P. Wood, Kingston, Surrey, gardener. ; LAW LVTELLIGESCE. COURT OF KING'S RF.NCIL MONOAY, NOV. 19. ABUSE OF MAGISTERIAL AUTHORITY. One of thr learned Counsel %aid, he hail to 'hove the Court for leave to tile a criminal intim 'nation against two gentltinenor hose names he did le,t einiaidcf it tliaeieet to mention at that time. The Chief Justice intimated that the Court ought to know the stetsons to whom the infoi 'nation was to apply. The Counsellor replied, that lie should hear what could be said on behalf of the pal ties, anti perhaps the statement might supersede his application. At this moment Judge Hest came in from the Hail Court, and the Lord Chief Justice intimated that it would be more regular to deft r the nottion until after the judg ments which the Count had then to di lit er. The leatned Counsel who made the application said, one of the parties was a magistrate, and he moved the Court against them un the ground of au abwe ut audio' ity. Proper notice to enable them to put in their answer 14113 nest ssary, and therefore he wisluCd to avoid all delay. The Cowl ordeied the motion to stand over to another day. THE KING u. PLUCKWELL. The Solicitor General iliovtd tot tine judgment of the Court on the defendant, J.lllll,lek Neil, found guilty at Maidstone assizes, 'limn all information tiled by the At torney General, charging hits with a breach. of the Qua rantine Lust s, and which made him liable to a fine and imprisonment. It appritied that the defendant, whilst ou board a vessel called the Lim. rick Trader, under mpiaran tine, not only opened a package contraiy to all rasher in Council, founded on the Quarantine Act, Lint when he was detected threw it out of the cabin window, and it Wit.i picked up. Time Mini illation de:sr:Med the order in Council to be a proclamation, whereas it was only is tiuti tic:llion in the Gazette, and the defendant's Counsel objected to the errur,us a fatal in time proceed ings. -- The Court held on thi, occasion that the inftnniality was a bar to judgment, and (liter tot a new trial, provided the Solicitor Crucial is..s di.spa.ed to pr.•secute (le nova. The defendant was 08.1voi d to enter into Ili. own iccog nizance to appear again and iereive judgment if CONSPIRACY. TUE PING U. 11,11:huD', DENLMItY, (DES - 1111, AND Eli LAN. The defend:tisk, Stephen Barrow and Francis Ilenbuty, Appeared to overtire the judgment of the Court, ft.und guilty °la cum•pilat•y to loam an Admiralty 'Midshipman, nomed II) rue, ribose duty it oils to guard against smug gling, by 'assenting any bunt coming lu the coast. Tlicy !Armed him ti row of :mow), to let a host apploath the beach near 11a•tings. The deresidinits were both iii 11C cent situations in lire--one was a coal merchant, the other a 'newer, at Itrsley , Kent. Ilriablity was also to receive jiitlgnii lit ii)on another t•harce tit After the ;guerilla made to coo - into Mr. II) rue, lie was cuneuriird with the other ('liester and Alan, in making sin irtfort to bribe a seaman or the 1111111 e ul Sri Vflis, to 11,1 (111:111 land goody. 'flue attempt railed. and Ilenbury put in :Affidavits, slating that till! officer to %bum they efferid money bad led lbw into the •nce. Jiislicr Bayley, passing sentence, said, this was an utkisee which ilium not be permuted. Every man in a public situation was es peeled to du his duly, and persons endear 1111 l ilig by the om r of 1111,11Py to pl r vail nit him not to do his duty; sheet veil heavy punishment. The Court a ',irises il list low 10 pay a line of HMI., to be imps i.blit In HOl Again gaol noir formai*, and girt security lot lire pais, I s. II w ZO,ll. mud two tithes sin rr:d. Fiance: I I radon ty , for 11. e 1111.1 of It,, offences, was Sell frlOCeti to pay it hue ul 11011. to 111 c Kii.g, be imprisoned suit 11011.110 , 111 Hiss diaria gaol, anti girt serenity for five ) I .Is, 1111115111 111 YOOl. mill 1%%0 ',Niers in 601. Fos the s. off. i-er , at 10111.1 l 1 101 c of 1001. .11111 be inyriAnied t..rie . . lilt wise' alelcutlaasts, Cb .Iu Awl Lylau, %act* ►eu- • '.. THE NATIONAL REGISTER • . Lanced to he imprisoned three month, in Horsham, gao l, and gist: security fur five years, themselves in 10-1. each, and two others in •lul. each; atAO to be imprisoned until the said tiara are Paid, and St . 11:111 it) given. ThIL hING P. ilUlt ropi. The defendant, a constable at the Court house, Folk stone, appeared to receive judgment, alter having been found guilty of an assault on a person named Dickinson, an officer of the Customs, who was 'mistiest by an bite riated mob at the time lie was going to give evidence before the magistrates. The defendant was stationed at the door of the hall, with orders from the Mayor of the town to let no person in. Mr. Dickenson, alto wore his uniform, came will, his sword drawn, pelted with stones mitt mud by the mob, said endeavoured to pass the &fen. dant, who refused to let him into the Court-house. He assaulted hits, and declared lie would lose his life before lie should go in. •I'he Jury, at the trial, were directed to take into consideration, a farther the defendant was acting from orders received from his superior. The Jury were of opinion he had gone beyond his duty, and found hini guilty. Mr. Justice Bayley, passing judgment, observed, that the defendant must have known the officer was dying to avoid the attack of the mob, and it was his duty, as a peace officer, to protect him rattler than keep liiin out of a place where lie expected such rescue and protection as the law could afford. The sentence of the Court was, that the defendant be imprisoned in the gaol of Canterbury tau moinliA, and find sureties for his good behaviour, himself in 1001. and two others iii 201. each. Soon after one o'clock, Mr. Justice Holroyd sat at Nisi Pi ins tried several causes. The Court ibis day heard Special Csses argued. TUESDAY, NOV. 20. THE EARL OF JERSEY V DEAN. This was ditected by Isis Honour the Vice-Chaneellor, for the purpose of taking the judgment of the Court upon the legal operation of a line levied by the Earl and Coun tess of Jersey. The question appeased to by, whether the levying of this fine was a forfeiture of the estate set tled on Lady Jersey iss her marriage settlement. Mr. Lynch on a former day was heatd in behalf of Lord Jersey. He contended that the estate could not be divested by the stets of the parties. Mr. Cuote addressed the Court this day, contending that the estate was forfeit, d. The Lord Chief Justice, after heating the whole of the argument, intimated, that the Judger would consider be fore they gave judgment. His Lot .Iship observed, the rase had been extremely well argued on both aides, and much to the benefit or the clients. Doe on the Demise of COLE v. J. FITZGERALD, Esq. This was an action of ejectment agaiust Mr. Fitzgerald, the defendant, to recover certain 'treatises in question, They consisted of two old dwelling-houses, known by the name of Beane:lamp, fronting the turnpike-road, in Ram sey, two cottages to the west, a culith'S shop, atiii four cottages litinieng Love lane, with other premises. In ISM, two cottages were pulled down; and in August, 11512, Mr. Fitzgerald began to erect a new dwclhng house on the belie of the two cottages. On 'the 17th of November, ISI2, he made his will, and among other bequesis devised as follows: " I live and devise my dwelling house and premises at Ramsey unto Elizabeth Cole, of Kout ey, tut and during her natural lite, and after her death I give and devise the said dwelling house, garden, and premises to her son George Fitzgerald Cole, now an infant, who was baptized in the parish of St lilies in the Fields, in the county of Middlesex, to hold the said premises to the use of himself and his heirs for ever, but in case Gturge Fitzgerald Cole shall depart this life under age, and without issue, 1 direct the said div, Ilitig boast., garden, and pi emises shall became a pat t of the residue of my estate and el. It eta." The te•tator also gave Mrs. Cole all his furniture and effects. His estates situate at Wexford and Water ford, in liviatid, he gave to John Turner and J. Purcell, hta hell The It tor of the plaintiff, Elia. Cole, cohabited many years with the tt stat or, who died without re volsiii• , his 1k tore his death he moved out of the 01,1 dwelling house, railed Leatichanits, into the new house lie had even building, and the gn. stion Was whether the devisee, Mts. Cole, took the whole of the testator's property at ttoinsey, under the words "110115 r, garden, and pre mises,' used in the will, or only part of the property, consisting of the old dal:Mug house, without the new house, cottages, and appuitehatiees. The question, iu the form or a special ease, came before the Court. Mr. DCIIIII.III, as counsel fur the lessor of the plaintiff, contended that the testator, by the words house, garde'', and peensises, imetided to give this lady, Mrs. Cuba and 5011, all his property at Mousey. Mr. Adam, un the other side argued, that the lessor of Ilse plaintiff was not intitled under the bequest to retain either the new house or furnitme renamed into it. The Court were dewily of opinion, that all the testator's plops fly at ltosisst•3 passed to the devisee unfit r the teems. of the will, and gase judgment for Mrs. Cole, who will consequently be admitted to possession of the property. The Lord Chief Justice at two o'clock, when the Court was I ISlllg to sit with the rest of the Judges in the Excite. quer, said, he understood several persons were attending to receive the judgment of the Court ; it would thei elute be bust to proceed with judgments to-morrow, Thursday, and Finlay. Mr. Peat son reminded the Cilllli, that they had allowed him to move, this day ot to-moie ow, for a minutia' Mien mason mi,stitist m ssti agate, lot ;slisise of his authority. Lord Chief Justice.— e will hear 10-morrow. Mr. IN sull.-1 1 111cis it COllle Oil to-und row, time will be a ditheolty in the proceeding. Lord ChierJustice.—We will hear you to-morrow. The Jtitho then ruse and proceeded 10 the Exeltegtaer Chamber, to hear argimients of Counsel upon a point of law at bit% at the vial via Crown case. Wil)hk6l/AY, ?Ob. - .. . - Ali. Reader tuoVcd 101 Icabe to Ille a et Melina inif ut ma.. ;,gaisist Mr. Julni Walker, and Ilati utter uverseeux, of St. Mary, Nottingham, fin nut cinifur iii iii g to the (fi let:lions ui a relect verity, assembled in imisnance of an act fur better providing fur Inatiaitciacitt of the pout.— This application arose tint ol a transaction beture ilie Court last year. The palish of St. Mary, Nuiiiiigliauti, contains lt(00 poor, mid the aninal expellee incurred by the inhabit:4ldr nllll/111111 ill 10,0(.411. Tile palish be. came disratistieti with Me way in which their funds vivre managed, and gave notice to the toictseerd to MUM -1111.11 a Nelect verin. Ths.) stisised, mid this court was apphrd to li.r a wati.l. 5, Mach wit.. oanird, anti the 0% t las-13a Waded lat.', ILIUM, Lout !wally welt conapcllttl • I to comply. In June last a special vestry was summoned, and at the said vestry several resolutions passed. O m: directed the overseers to discharge Mr. S. Wilkinson, the master of the will klionsv. Every one of these resolutions the overseers treated with total disregard and contumacy. There was, boa ever, oue subject wheel' they were ready to attend to. By the act ol the SJth of the King, they admitted that the parish had the tight to say what poor should receive relief, and consequently they were ready to •obey the directions of the seloet vestry on that point but all other instructions they treated with disregard,_ Mr. Header contended, that the overseers were obliged by the provisions of the act to obey all the resolutions of the vestry, and therefore the information h e a p p li e d fur ought to be granted, in order to compel them to do the palish business according to the wishes of the parish. purrs. Mr. Justice 11.iyley.—" This is not a case so clear that you must inter corruption in the officers in not complying with these tesolutions? The court never grants a criminal infutination against parish officei a without a prinsa facia case of corruption, and 1 think the construction tit a new act or Parliament may Mad to some hesitation. Ido not mg. that the refusal to comply is so clear a case of corrup tion that the court ought to grant a criminal information." refused. TUE KING U. JACKSON, THE EIDER, JACKSON, JUN. AND _ JERVIS, The Solicitor Gaiter& applied to the court for a new trial in this case. The defendants were found guilty by a jury at Goililltall, of a conspiiitey to sue out a commission of bankruptcy against Jackson the younger. The Lord Chief Justice read bib notes of the trial.— The sun of Jackson the elder saw an advertisement, of lei ing the share of a lucra:ive business fur sale. In con sequence of that advertisenit lie lied an Intel view with Mr. Edgar, of Bartlett's•buildiugs. and was introduced to Mr. Fox, who agreed to mina him to one-ball share of his business, as a surgeon, fur a consideration of .10501. He was also to have the option of purchasing the whole at the end of a limited period. Advances were made by the father to the son, who became debtor to his father to a cousideraille amount. On the day the son was to pay the consideration to Fox, who was stied for the MIIOIIIII, and Miring that state of things, the defendant stied out commission of Bankrupt against I The question at the trial was, whether any debt bus. fide hart been contracted between the son and fattier so as to justify the petitioning creditor's debt. Ihe solicitor General now applied for a new trial, on the ground that they had discovered, since the trial, a deed of indenture, which proved that debts were really due front the father to the son. He contended that the parties had debts against the son, which justified the piling out the commission for the purpose of preventing the *Mrs property from being swept away by one el editor. The discover) of the deed to which lie alluded was suffi cient ground to induce the Court to grant a new trial. Die Lord Chief Justice asked if any gentleman bad a note of the manner in which lie left it to the Jury ? 'foe Solicitor General bad no note. The Chief Justice said, the impiession out his mind was not so much to question the alleged debt due trom the son, butt a hether it w as to be considered such a debt as would justify tins father to sue uut a commission. Tile Solicitor General adverted to the affidavit, in which lie butted that he advanced sums of 11111 l iey to its ► o n from time to time, in consequence of his having a small propert)., which he derived lions his grandfather; the oilier children of .11r..1aLlisun haul no property, uud cousequetal) the father expected no return. TLe Court graii!rd a rule to chew cause. SITRAORDIKARY CASE. Mr. Pearson being called on, said he had to renew Me motion lie made the day before yesterday, for a rule to show CUUse. %\11) a ei Mihail information should not be tiled against file persons, whose names he did not then mention, and it vats nut ha intent.ou to mention them un this occasion. lie mad.• the aq.ybcatiou on the affidavits of Anne Hewett Carey, and I%l:try dour Evans. Ile mused nu the ground of abuse of within ity. One of the daletulatas was a magistrate of the comity of Stafford; another to geialeman of fortune and Cattily in the same county ; the Iliad was valet to the gen tleman; the fourth a c o nstable of the towuship ; and the lifth a person at whose lams..e the parties were delivered us primmer,. Mr. Pe:n.1111 observed, that he was obliged to enter fully into the circumstances, herniae it was neecisary to allow these young women were not liable to be committed as viigiaut, Mrs. A. H. Carey was a widow; she married early in life, and lived with hurl hthitillitt Or Cork. After her husband's death she found it difficult to obtain support in Englund. She lodged with a Mrs. Smith, in Wood-street. Westminster, and obtained a livelihood us a senipslress. On one occasion, a lien she was taking her work home, she was met by a gentleman, who, struck with her person, entered into h onversatiou with her, and requested to know where she livtd. She avoided giving information on that point, but some way or other lie discovered her abode. Being ill, she s lit for 11 physician, Ishii brought the gentleman is ith him, and iniroduced lam as a relation of ins trait. Ile used every °Neat talky to prevail on lie: to receive his visits but washout success. At last lie asked her to make sonic shuts, and ob tained a few toterviews. Some time ate., she is as so employed She accompanied M rsand Mrs.Sillith to Philadelphia in Am rica. Tau mouths after her arrival in that city she islet the captain of the ship in which she came over. He told her that a gentleman frum England was in search of her, and had been asking hint where she was. The captain at the same rinse gave her the following letter : " My dear Miss Henson,—You will no doubt be stir prised alien you recognise the hand-writing of one you have %tonged, who is now in Philadelphia, and who wishes to have some communication from you.—Meet me this evening at the corner of Waller-street." Ile met her, and iii consequence of a proposal which site ecinaides - ed advantageous, they lit ed together in Aanc- I ieit, and passed for man and wife. They returned to I.:lighted in 1520, and lived together. He took a house f . or her at ifrompton, living part of his time there, and at his sent in the coma' y. During the time he was absent from her in the country, she received haters from hint. Mr. Peas son said lie must trouble the Cum t wills reading a few extracts, 11(2.1115e they would sheer the situation of the parties, and prove there was DU pretence for treating her us a v.igiant. The letters were C ttttttt midi:Med to the ma gistrate against attain lie moved, itotwithstanding which lie committed her under a charge of vagrancy : " My dearest wile,—My time, as you may suppose, is well occupied here to-morrow shooting will commence, so that with the season and amusements a certain little person may be fin gotten. I wish you were here to enjoy the good things, uut that you would have my company. I ••••r , •••••• -