The National Register. — London, England, 1822-09-01 00:00:00

LA C4.s7'hle 4.SSIZES. WEDNESDAY, ADGER} 28. PRIME-STREET GANG V. RIDGWAY. licfr. Tyndall applied to have this prosecution postponed till to-morrow, on allidavit that a police offitier, named Batty, a material witness, wan at Chester sessions, and would his here this evening ur to-morrow morning. Mr. liiougliani.—We object to this postponement. We have a great number of witnesses at a very great expense. Leery one knows that Ridgway is a very poor man ; indeed so phor, that he hos not a shilling in the world, and is indebted to the charity of his neighbours, who see an attempt made to overpower and crush him, for the money which enables hint to keep his witnesses hire. Owing to the scantiness of his be delayed bringing his witnesses up till the latent moment, and they ore now here. Mr. Baton Wood.—When will yon be ready to go on ? Mr. Tiudall.--We expect the witness early in the morning by the coach. Mr. Brougham denied that any Liverpool coach came in till late. Mr. Tindall said, that in that cue the witness would come in a chaise. _ . - Mr. Baron Wood.—You must pay the espensea of the de lay to the parties. Mr. 'Tindall said, they were ready to pay whatever his Lord ship thought right. Mr. Brungliani.-0 yes, my Lord, there appea•. to be no ant of tummy on the other aide, quite the contrary. Mr. Tindall said they would pay all their exp.:aces from this time. . . . . Mr. Brougham urged another olojcution. lie was alone for the defence in a special case in the other court, and might not be able to attend in the morning. Mr. Tindall said they would not bring it on in leis learned friend's absence. Mr. Baron Wood said he would endeavour to accommodate both parties as well as he could. M.. Brougham wisheil to mention another inconvenience. His learned friend Mr. Evans, who was with him, and whose ♦aluable assistance he should be rely sorry to lose, was en gaged in the second special cube in the other court to morrow. Mr. Timbal expressed a willingness to put oir the care to Friday. Mr. Brougham said, that would perhaps be a convenience to him, but it would be the reverse to the defendant. lie wished it to be Ilsed for to-morrow morning, and that any further delay would be on his application. Mr. Tindall bad no doubt they would be ready to-morrow mnrniug. Mr. Evans submitted, that the personal convenience of conn ed ought to be cous:dered. lie should be kept here by this postponement. Mr. Brougham wished it to be peremptorily died for to morrow uturning. Mr. Baron %\ ood.—Will you be ready t Mr. Brougham hoped he should, as be might get the Lord Chief Justice to make an arrangement respecting the other case. But another objection might be made. How could they ascer tain that a witness, under recugnizances to give evidence in Chester, would be here at a given time liis Lordship said, if be uid not arrive they mast go on to mm row without bin,. _ Several insolvent debtors were discharged in the usual form. 31r. Fell afterwards voile into Court, Ind stated that he bad been instructed to oppose the discharge of one of the insol vents, but had come into the other Court, believing that the cause of Ridgway occupied this court. Mr. Baron Wood.-11 can't help you. There can be uo great harm in discharging a poor insolvent debtor. THU . RSDAY, ACGUSt 29. At nine o'clock the counsel on bath sides appeared. Mr. Baron Woud.—l tun ready in that case of yours, Mr. Brougham. Mr. Hopkins (the Clerk.)--There is I mutiorari, my Lord, removing it to the Court of King's Bench. Mr. Baron Wood.—Then I can't try it. Mr. Sergeant Ilullock.—No, my Lord, that is the object — (muttering and looking at the table) ; we are not ready. Mr. Tindall.—We are not ready. Mr. Hopkins stated that there was another indictment against Daniels in the Amur case, but be had tail: d to take the steps to entitle him to try or traverse. Mr. Baron Wood.—llis recognizance' are entreated then. Mr. Tindall.-0 no, no. Mr. S. r.,eatit Ilullock.—My Lord, we don't ask for that. Mr. Brougham.—Nothing can be wore lair and candid than the whole proceeding on the other side. Mr. Sergeant Iluliock.—l am happy that my learned friend entertains su just sense of our conduct. Mr. Brougham.—Yes, indeed, the same sense, yon your selves imieitain of the proceeding. Out of re: peel to your Lordship, out to the prosecutors, I call it nothing but this pro ceedingafter we came here with our 29 witnesses. . . Mr. - Baron w nod.—L'erliaps it is a defect in the law. Mr. Brougham.—And these are persons w ho are extremely anxious to avail themsi h es of defects in the law for oppressing an individual. The effect would be, that when the period of Rid4wa,'s imprisonment expired, he would not be bailed, but dettined till the next assizes. Mr. Baron W ood.—W hat can I do? Mr. kiroto, , ,hain.—My application in, that your Lordship may order him to be bailed at Manchester. where he in known, M agee,' of requiring him to appear in the King's Bench. Mr. Baron Wood.—You must make your application to the King's Bench. AI r. ftrougham—And there is the hardship of this proceeding. Mr. Sergeant Hullock.-11 the application be proper, the King's Bench will listen to it. At any rate, your Lordship would not anticipate any future proceedin.:. Mr. Baron ood.—l say nothing of that. All that I say is, that I have no authority. Here the proceeding ended. It is imposaible for those who saw it not to form an idea of the expression in every face in court. ►ave Murray's which was unchanged. 'lke expression was not equivood in the learned Judge's, the Sergeant's, or Mr. Tindall's,any more than in Mr. Brougham'' or Mr. En aids. Mr. Brougham stated that the Tertian', i was attested on the Mot June. Mr. Bullock said that was the usual way. On the subject of the above proceedings, The Time: says--" To the admirers of law, US an instru ment of torture—of that torture which preys upon the soul itself—we recommend the report of last Thursday's proceedings at Lancaster, in the case of the Bridge-Street Gang against poor Ridgway. lie brought up 20 witnesses, at an expense to him over whelming, on the understanding that he was to be.. ►` ' -.~ . .. -THE `•'A' ITER tried on Wednesday ; at the request of the prosecu tors, who were not ready, the trial was put off until the following day; Thutsday came—and the pro ceedings were stopped, because flier:. was a certiorari prepared to have the case removed into the King's Bench!! What hope is there fur the poor man when he can be thus ground down?—when the Judge ex claims " it is a dcti:ct in the law"—when the res pectable Counsel fi,r the prosecutors can show manifest symptoms of shame and pity at the abomi nable course of oppression thus imposed upon him by his official duty ; and yet the same course be un relentingly pursued in the outraged name of jus tice!" ROYAL GARDENS, VAUXHALL. The most propitious and prosperous season this beautiful and brilliant place of amusement ever had was concluded on Friday night—the Proprietors were evidently determined to spare no expellee to make the attractions, the coniforts, and the conveniences of the Gardens worthy of the public approbation, and in return the public, properly appreciating 'heir exertions, have liberally rewarded them— the appearance, the gaiety, of the scene was self-evident to every one, but some of the fre quenters of the Gardens, who are accustomed to enter them at a late hour, may not be aware that the Wines and Viands have this year been of the way best possible qu.:lity, and furnished, in many instances, at less than half the price charged in prior seasons—thus, while the rich could enjoy in the most perfect excellence their Champagne, Bor. guntly, and Claret, the more economic could be cheaply regaled with the best beef, ham, stout, port, and sherry, at much less than coKe-honse prices.—We regret the close W .- the Gardens at so early a period, but we sincerely rejoice that the pre sent proprietors have been remunerated fur their patriotic determination that this unique scene should not be closed (which had been contemplated by the late proprietor) wi;hout an effort to continue its at tractions open to the astonishment of foreigners— the Gardens on the last night were illuminated with the same brilliancy as has dazzled our eyes through the season, with the addition of " We respectfully bid you farewell," in richly lighted variegated lamps. At the close of the concert Mr. C. Taylor, who has been employed by the proprietors, during the present season, as a sort of stage manager, if we may so use the expression, delivered the following address from the orchestra : Lames ASD GF.NTLLMeY,_ . The period haring arrived when these Gardena close fur the season, I sot deputed by the Proprietors to endeirsour to ex press to yon the deep acute they tntertaiaa of the distiogoished patrona,e and liberality with which you hare honoured this Countenanced, as they have been, by the ;:racious sanction of his Majesty's name, and the great resort of the Nobility, and Public. at large, they cannot hut feel the warmest gratitude fur such favours; and I am apprehensive that, in attempting to ex press their deep sense of obligation, I shall fail of cluing justice to their feelings. The Proprietors haec ascertained, with pleasure and with pride, that the Euglish nation takes a peculiar interest in the preservation and continuance of these favourite Gardens; asso mated, as they are, in remembrance with years of rational and lively amusement ; and to cherish ■nd deem re this regard has and will ever be their study and delight. They have great pleasure in alluding to • new feature of at traction they have this season given to the Garde no—the Juve site Fete, which excited such universal satisfaction, diet • re petition of it has bean much desired, even during the present *meson. It will be annually cuntiissil, at the must ceuvenient period of the holidays. In the Vocal and Instrumental department, both nor city and variety have been introduced ; and the atsidoous endeavours of the Proprietors will be directed to give such a character to br..n •h of their amusements as shall be worthy of the alibi, al taste of the country. In the Mechanic, Scenic, and Pyrotechnic Departments—in the decorations and illuminations—they hate already introduced appropriate novelties ; and still further improvements are medi tated, which they trust will equal any expectation that may lie excited in the Ptiblic, by this announcement of their design.— With regent to the amusements genriedy, the Gardens Mlle into the hands of the present Proprietors but a very s .ort pe riod before the commencement of the season now terminsting ; but as far as that limited time would admit of their efforts, no expence or exertiou has been spared to render them worthy of the popularity which they have attained. The proprietors are most happy to find, that the quality and price of the wines and refreshments have given the highest satisfaction, and created a demand far beyond their 'ohm patron. The Proprietors feel highly gratified in being able to state, that only one or two instances of irregmarily, which were immediately suppressed, and net one of depredation, have oc curred throughout the whole season ; sad you may be assured, Ladies and Gentlemen, that to *maitimin the order, decorum, and reputation of these Gardens, t..e same care will be unre mittingly employed ; and there can be no doubt employed with the same anceerm. I sin desired, Ladies and Gentlemen to add, that the Pro prietors pledge themselves, that their past exertions to please you shall he exceeded by the future. During the recess their efforts will be iacessant to merit a continuance of the encou ragement they have received ; and, to redeem their pledge, no personal trouble nor pecuniary consideration *VI deter them Gum selecting and introdaoiog every novelty that is adapted to their place of amusement, awl worthy of the taste sad judg ment of a Bhitish public. For the Propri:tors, and every Member of this Establish ment, permit me to return their grateful acknosmaljnients; all assuring you that to merit the continu.tiore of yoor appro bation will h, their highest pleasure, and proudest bout, to the words of the Motto of the Evening— r' We respectfully say farewsli." ~;_,~ - •_nai - T!IR NEW MARIMICE ACT. ;ff The following is a legal opinion of Dr. Phillimore upon certain queries bubanittcd to him connected with this act I will endeavour to answer the several 'criterions in the order in which they are put; and to prevent any misapprehension, I will prefix to each answer my understanding of the purport of the question. First, Whether, in ca• es where the publication of bans has been completed before the Ist of September, but the marriage has not taken place, the bans must be repubffhtd ? •• To this I should reply, that I see no necessity for any such republication. The new law, as far as affects niarriages by bans, has no effect or operation whatsoever till the tat of Sep. • tember ; in the case put, therefore, antecedently to that day, the publication will have been completed weeding to the strictest provisions of the existint: law; and on proof of their having been 63 completed, the clergyman, I apprehend, will be fully justified in the performance of the ceremony. Cunstquently, I am of opinion that a clergyman may surely proceed - to tile solemniza tion of matrimony in all cases where the bans have been published in exact conformity with the law actually in force on the three Sundays preceding the Ist of September. "secondly, ‘vhetlicr, in cases where the publication of bans has taken place on two Sundays previous to the :It &September. the clergyman may proceed with the bans. and conclude them on that day ? •• Perhaps there is rather more difficulty in answering this than the former quest on, because, from the abserce of any pre cise provision as to this point in the statute, the eergyniaa, to a certain exte.it, is called upon to exercise more discretion m one instance than in the othsr; bur in my judgment he will exercise that discretion most sousdto, if lie gives effect and validity to all the publictitions of bans s hich have taken place in conturmity' with the law as it subsisted on the three several Sundays on which they were matte. Every such publication must, I think, be considered as legally made. The two firstipublicahons, there. fore, would be pro Moto good: but the third, not being made on the day on which the operation of the new act commences, must not he proceeded upon till the fa:visite. enjoined by that act shall have been complied with. •• I am aware that, technically speaking, all the requisites cannot by such a course of proceeding have been observed. The names, for instance, cannot have been *Axed for three Sundays" - to the church door ; but in cases of this description, in acting upon the law, we must put a rational construction on it, and ap proach. as nearly as we can, ni an adequate execution of it. •• It may be satafactory, also, both with respect to this and the precaling question, to observe, that the validity of any marriage solemnized under such circumstances can never b.., impugned, or called in question, on either of these grounds, inasmuch as ibe loth section precludes all inquiry a► to the sufficiency of these Rims after the annual solemnisation of any marriage. •• Thirdly, Whether, as the living is within a peculiar jails- - diction, marriages can still be perform -s1 their by license? •• I certainly understand the 14th section of the new act, by restricting the power of granting licenses to 'Archbishops and Bishops, virtually to have excluded peculiar and exempt ju isdiction, from issuing such instruments; but the act goes no further: therefore, I presume, that, in steam parish, as in all other parishes situated within a peculiar juris diction, there can be no doubt but that a license trom the Arch bishop &Canterbury mast dispense with the publication of bans. In the meantiine, it is extremely advisable that any persons who. since the pa. sing of the act, may hare been married by a • license, trout the peculiar jurisdiction, should forthwith be re. married, either by bans or under a license granted by competent • authority. •• Finally, In giving this opinion, I beg to explain that I know uothitig (as seems to be insinuated M the statement of thew ca,es of the intention of the fremers of any one of the provisions to which my attention has been directed. The enterpretation I have pat upon them, arises sanely ifolll the best consideration I have been able to apply to the statute, and to the general bearing of the martiage law in this part of the United Kingdom. ••JOSEPH PHILLIMORE. " Doctors Commons, August, lbZ2. Opinion of the King's Advocate, Sir Christopher Robinson, upon the above Act. Refening to the late Act, Si) Oeorge IV. cap. 75, sec. 16, and the former Marriage Act, the opinion of their:lmes Advo cate is requested, on the following questions honer any Marriage or Marne. •es, from and after the Ist September neat ensuing, can be valid, or Minister or Ministers solemnizing the same, be in legal exercise of his or limit duty, of which Mar riage er Marriages all the three publication, of barn , ur two or one of such publications, which have taken place conform ably troll the before »motioned Art of hi* Majesty King George the Second, " For preventing Clandestine Marriages," pre rion>ly to the lst of September . " Doctors' Commons, Aug. 27, 1822. " The Clauses of the late Marriage Act, (a. lb. 22.) relat ing to bens, containing nothing coutrary to the former Act, our substantially differing then:hum. " The names, abode, and age of the parties are required to be stated in affidavit, and the names and abode are to he aillsed to the church dour „and remain there during the three Strudel* on w.idt the bans shall be published ; that is, hsfutere cases (as I understand ), before legally foisting, shich are not annulled by any terms in the Act, nut by necessary implication tin ref rout. Tar 19th Clause declares, that after the soletunizatioa of any marriage under a puithentiou by bans, suott marriage shall' out be avutded for want of, or by reason of Any defect in, any such affidavit, or on account of the true name or Dames of ciliate party, not being axed in it.. publication of such bons as afore said: There can be nullity or invalidity, thetefure, Itr Out of the loran* introduced in the abuse Clauses. " Considering that those Clauses are to be constroed, in con junction with the former art, beneficially for the futturraime of marriage, and so as not to interrupt the ordinary means of r tractitig lawful marriage, 1 am of opinion that toms published under the former act beiore the Ist of Septet:ay:r will ensure and be valid, solely, if comph ted, or as Le cute may be, is conjunction with bums daily pail .lied after that day, ll!Vief Off provisions of the late a:t and that the minister suleninmur mairriage tberL on, will be in the legal eseitl.ls2 of his duty. (Signed) " Roura.vrt." RANDAL AND MARV:V.-411e backers and the. men met on, W, last at Mr..Tacksou's room& to stake 501. a side, to fight flu. 5001. a side, Mt Tuesday, the SJ of December. Some dispute oc curred relative to the late tiirteit by Itandal's friend•, and law proceedings having been institwett to get back the 2001. forfeit, there wcs some hesitation, unless Handal could stay such peweedings; but as it was out of his power, the new match was made. On Friday' morning a man convicted of stealing aegetablee from Cureui.garrtert market, underwent the sentence of th e law—to be pablielv fLogited round the market. The Hi4o Constable of Westininriser attended, with a umber of pease officer v, to see the sentence enfurced ; w;:ieh was dorm is 40, presence tit - an istme ac couccarse of imor/e. . ... • - lIIIIINIIII 4110"... ' , EI4 - `SWV:/10/AM, w