The National Register. — London, England, 1821-11-12 00:00:00

318 I'lfo.ll TUCSDAY NIGII7"S GAZETTE. BANKRUPTS. T. Teesdale, Newington, linen draper. Solicitor, Mr. Gates, Cateaton Street. G. de Ugarte, Wilson Street, Finsbury S quare , merchant. Sol. Mr. Cole, Broad Street Buildings. It. Embleton, South Shields, wine merchant. Sol. Mr. Van- • heythusen..lohn Street, IltsWord Row. W. Banton, Nordiwieli, Cheshire, grocer. Sol. Mr. John, Palsgtave Place, Temple. R. Snelgrove, Warningeamp, Sussex, woolstapler. Sots. Messrs. Freeman end Co. Coleman Street. W. Smith, Plymouth Dock, cabinet maker. Sods. Mews. Darke and Co. Red Lion Square. J. Heppenstall. Doncaster, agricultural machine maker. Sol. Mr. Lever, Gray's Inn. (7. Lloyd, Thetford, Norfolk, bookseller. Sol. Mr. Nelson, Bernard's Inn. J. Crump, Birmingham, money scrivener. Sols. Messrs. Long and Co. G.ay's Inn. T. Gib. on. jun. and J. Elves, Liverpool, ship bread bakers. Sol. Mr. Chester, Staple Inn. S. U. White, Edingley Cotton Mill, Nottinghamshire, cotton spinner. Sol. Mr. Barber, llolhorn. F. Taylor, Adlington, Lancashire, shopkeeper. Sol. Mr. Cr:Atell, Wigan. W. Baker, Ticehorst, Sussex, blacksmith. Sol. Mr. Allen, Clifford's DIVIDENDr , Nov. 17, B. Shamus, Davies Street, P.crkelcy Square, dealer in china-10, .1. Day and .1. Spratswell, Tavistock Street, drapers-10, J. and lb. Cleugh, I ,eadenhall Street, wholesolc limn drapers-27, J. Cook, Eye, Suffolk. miller-70. T. 11 : 1 4- nail. Birmingham, 10y maker-27, 11. Hewitt, North Shields, Dom draper- 27. J. F. and J. Dubois, Aldermen's Walk. mer ellonts—tw), G. Garlick, Westport, Wiltshire, tanner-27, C• M• Thurkle. New Street Square, wine merchant-24, M. Haffner, Cannon Street, St. George's, carper ter-2s, J. Martin, Lit. erpool, merchant-30, S. W. Birks, ltethsrliam. Yorkshire, mercer-20, J. Sanders, Ivybridge, Devon, tanner-28, J.Grallon, Renshaw, York, and J. Grafton, Manchester, calico printers-30, E. Lewis, Abbey Calultir. Radnorshire, farmer—Dec. 8,.1. Archer, Ware, Heide, miller-5, W. Prince. Pontefract. Yorkshire, grocer-6, J. Morrell, Halifax, grocer-11, J. Packer, Painswiek, Glouces tershire. clothier-4, D. Giles. Lyford, Berke;, mealman-3, 'l'. Price, ltodborough, Gloucestershire, civil engineer. Cr:III'IFICATES to be granted Nov. 27. W. Suinifottli, Little Eaitcheap, wine merchant—R. Cronin and It. Lee. Sculcoates. Yorkshire, merchants—.D. T. Price, Holy well Street, Shoreditch, butcher—J. Room. son. Bristol, iperehant-11. S. S..wden, Bridlington Quay, corn factor—R. Crowden, Knightsbridge, bootinaker. LAW INTELLIGENCE. COURT OF CHANCERY. WEDNESDAY, NOV. 7. FLOFFMCNT WITH A WARD OF THE COURT. Elisabeth i. ales, Margaret Scales, cad Elizabeth Scales, In fants, v. Trapp anti Scales. Mr. China, in pursuance of a apecial appointment this morning, made a motion for the committal of Thomas amid Joseph ltaeloo, to the Fleet Prison, for contempt of the court. Ile stated that the motion WAS supported by the atlidavils of rlrs. Scales, her uncle and appointed guar dian in a snit in Equity stow pending in this Court ; and also by that of Mr. lirookshiaik, the solicitor its lb.. cause. From these tittelavits, whirl' 1i read, the following par s appeared: Mrs. Scales hail sworn that Alias NI. Scales, otte of the above-nanied plaintiffs, was a lady Mann • ace,' years of age, sine! Mr. Scales living her gitardian, lie had placed her in a boarding selionl near London to receive an education eyed to her fertility. which would amount to several 0(111.410s of pounds on her attaining the age of 21 years. 11.tviog remained at a school till Mithunntirr, Ibill, she was taken home to .reside with Mrs. gales, at Brilmingt on, near Chester field, where, for a einaitleiable period, her conduct was moat exemplary, and that or a young lady el her fortune RIO expectations. About sit: weeks since her conduct had 'lentil notably been the leserse, and her manners had become elisssolate soil irregular, from a ciatitection which she had retitled us ith a young man, named 'ros. Barlow, a journeyman mill maker, residing at Staverley, about four miles from Whittington. Upon the intercourse br ine discos reed, it seas immediately dierontitenanced, Hod Miss Scales seliOliA) tel fur holding a connection altogthi rso insworshy her station in life. This ail ttttt tri tium not meeting with its desired On-et, Barlow received notice to desist 60111 continuine his counect ion Mich her; of the consequences that would result to lintrielt from a non-attention to this advice, he was informed she was a ward iiiChaecery, and of course that he mast be in volved in serious Roubles, if his emultiet made an tipple' • cation to the Court necessary. The good ails ice given to the lady was also unlaced. it , and on alonday evenieg, the Silt of October, she left her grandinialli is house, ll's caping through the garden gate, while Ballow was in attendance to receive her; and they directed their course across the country, in such a direction as to elude the vi gilance of these who pursued them fur a considerable lapse of time. These circitnist WWI'S were conimistlicated to the attorney in the snit, awl lie inimedintely made ail a plicatiou fur, and produced an order of the Court, ill reeling Barlow forthwith to re slot a the lady to her guar dian, and interdicting them from contracting a marriage. It also cited Moslem and his litoilier, who was al.o aft active agent hi promoting the elopement, to appeal Is tore the Court on the first day of Term, to show cause airy they should not stand committed for contempt iir the Court. On the 31st of October he traced the fugitives to Chesterfield, and was *tutus Died by the Haunts that had he en entaged there, that the lady with T. Bat loe , and his !nuttier hail left that place on the preeralitig day Ira Ste verley. W lien the parties arrived at the house ut NI low, a great resistance was uttered, and it %salt aot till atter much opposition that he awl his brother were served us itlt et copy of the order of the Master ut the Rolls, and the raisin ri were successful in obtaining the easto.ly of Alias beaks. Ott their as - sisal is London site was given lulu the hands of her uncle, with whom she has slice remained. In a convei eatiou which Mr. Brooksbank hind with Joseph Ilarlore , lie appealed to have a perfect knuWlege of the snit in Chancery, of the lady being a ward of the Coma trial of the amount of 'military it Was probable she would p a possessed ut. He also said that Ise had expended up was ds of an hundred guineas ill assisting his brother isa the lopritteiit, and they had actually been married at Gretna, but the latter statement, it is haltered, is untrue. 'llse laird Chancellor.—t% hat is Joseph Barlow t Mr. Ching.—Be is master tool-maker, and his brother Titomas is his journeyman. Front the inquiries which lead bet m made, it appeared that the whole of the family ut the Hallows were illiterate„ and of low habits and emit:nice. Its ceuchtsioti, it was vLset red, that iu bring- THE NATIONAL REGISTER ing the case hafore Iha Court, there was no feeling of a vindictive Haut e, the sole object being to prevent an kV provident e%tir 'Allure of the young lady's fortune, and to protect her from the miseries which such an alli once would in al! prithality impose upon her. The Lord Chancellor.—W lien will you be ready with your afililat its, Mr. !lomat', to answer this ease? Mr. Itoupell conceived a very short time would be re quisite. The Lord eltaneellor.—l understand the two Ttarlows were in court yesterday, and I cannot conclude that they refuse to 'Oulu], before the breaking up of the court. I shall remain liete till half past one, and if they are not then present, t shall conclude this ease. The court was then occupied with other matters until the above named little, when the Lord Chancalor depart ed without further noticing, it. Ttrunso.tv, Noe. S. CONTEit Pr couaT.— sl; Li:11 v. SARLOW. Mr. Ittaipt ft AA, d that the affidavits on the part of the tirfendant. eery or went tenth, and their contents were of such a unitise, that he bid to request his Lordship would hear him in hi: private room. The Lorl Chancellor—" If the Coumel and Salicitors of the patties nil' attend me now in my private-room, l hill hear it Ili., Lordship then retired, and after being absent an hour, relented. The Lord Clunicellor—" L hind some difficulty in hearing this rase out of Court ; or any ca.e whew a ward of Court is concerned ; hurt silt. re both parties CIIIISCIII, I 110 1011 111111 k I 0114111 In refuse.•' Ills Lordship committt tl one to ihr custody of the nnrden of the Fles t, and ohscrved that lie would read the affidavits, and further consider how lie would deal with the other. COURT OF KING'S BENCH. WEDNINDAV., NOV. 7. Rig/it of Dothing on lhj Sea Shore. }MUNI/Ell., O. COTTAIt When the Judges took their seats this morning, judg ment was given upon thi• interesting question. It was on action of trespass tried b, fore Mr. Justice Bayley, at Lancaster. The plaintiff, who is Lott of a Manor, and owner of soil oil the River Mersey, where he claims an exclusive right to fish, sought to exclude the defendant, who keeps an hotel on the spot, from passing machines between high and low water mark, for the purpose of bathing. The defendant insisted on the common lass right of all subjects of the King, to bathe on the sea shore. The question censequently arose, whether per sons had a common law right to pass over the barren sand of the sea for the purpose of Swathing? Mr. Justice Best first fit lives ed his judgment upon this important question. lie cot iiiii owed by expressing his concern that lie VIM compelled to differ front the Court. After giving this case ull the consideration be could, lie found himself bound to say the subjects of this country ball it common law right to pass over the sand of the sea for the maltose of bathing. The right of fishing, claimed exclusively lay a Lord of the Alatior, could not interfere with the public right of the subject—all the legal authori ties be could find were against it. To claim such a right was isiconsistent with the law of the lanal. , -••The leagued Judge cited the dish of Judges found in var . legal authorities, and ecrieluded by declaring, that the defeat dam, upon his tie of the la tr,was entitled to the judgment of the Coml. Ale. Justice Holroyil was of opinion, that the right to tits the sea shore was not to be found in die bow, and couseqnently held that the plaintiff, in this ease, ought to have judgment. Mr. Justice bayley said, the question in this case eras,' whether there was a common law right in the King's sub jects to pass the sea shore to bathe, notwithstanding a person had a prescriptive right to fish? lie was of opinion the piddle hail not the right of going on the eta shore to bathe. 1 be sea shore belonged to the Kitt:, wile Callict seal the right of itaviation and fishing, but it dial not folio% if•at they had the light of bathing. If that right did exist, it wools, not be confined to one spot, hut extend to the whole extent of the sr a chore. The Crosse had the right of the sea shore, and it would out withhold the right of bathing vf het e it did not interfere whit private property. 11 bathing had been allowed on any fit a:nl proper part of the coast, it won't, become a right by custom. The pas sages front Lord Bale fell short of the estahli‘hinent of die claim couteittled fur. The only authority lir• could find to make out what the jar puldicuto was, he pound in Itracion. Thes e it was said, till' 10111:4* had a right to fasten trees on the banks of all navigable a fivers, but could it really be possible to allow that right in the absence of authorities its show such right exists? Not satisfied with the authority in Marion, the Judges considered the plain tiff hi this case entitled to recover. Judgment was accordingly entered for the plaintiff. csauwttag V. sita.s. Mr. Scarlet' moved to set aside the verdict and enter a nonsuit. It was an action against the defendant upon a contract. It was stated in the declaration that the defen dant undertook, as a cumulous carrier, to convey It chests of black dye, tour in a ship, to Mr. Chadwick, dyer, al Leeds. Tim chests were nut sent four in a ship, and by the breach the plaiiitiff sustained a loss. A a rutten order wits sent to the defendant in the following terms To he forwarded, four in a ship, to 111 r. C. Clanda ick, dyer, Leeds." The paper was signed by the defendant's servant Milli the initials W. 11. t lien the paper was produced at the trial as evidence of a contract, Mr. Scariest contended that it could not be received, being a contract which re quired a stamp. The learned Counsel now contended, in support of his motion, that it ads evidence of a contract, and could out be received without a stamp. The Court held that the paper was 110 to be considered a contract, but evidence of lite delivery of goods to the wherlinger, upon which a contract arose. The a tile fur a nommit was consequently refused. hikikat U. INGHAM. Mr Gurney moved for a nest ti tat in this case. It was an action ou a bill of e xelaange for a o l. The defence sat tip lads usury. Tittle had to a disruuming of the bill, and silver at lids A taken, to the 111110U111 of 101. At the total, a person w Ito ass Jebel ibed to be a captain of local militia y 1141141, that he look toe silver infidels to a pawn broker (Atchbutt) out the Smiley bide of Westminster Bridge, who declared they were worth no more than 41. The question arose on that c. idence, whether the plaintiff, in taking 101., had rectivcd a usurious consideration fur discounting the bill/ The Jury found for the defendant. MT. Gainey now stated, that as soon as lbe trial was user, the plaudit) strut to the ItAtA 'blacker, anti found this story respecting the 41. a wicked imposition. The faet was, they pawned the articles, and never made inquiry respecting the value. The learned Counsel said, he had the affidavit of Mr. rclibutt, proving that the articles were pawned, and that to the best of his judgment as a Silversmith, 101. was mot an overcharge. The plaintiff had since endeavoured to get an inspection of the articles, but without success. The Court granted a rude to spew cause. THURSDAY, NOV. H. TIIE RING, V. TURNER. The defendant appeared at the sitting of the court to plead to an jiitlietaticsit preferred by the Constitittiomil Society, for publishing Carlile's works. The indictment was read by the officer, and the defendant pleaded not guilty. He was toll his trial would come on et the Sit tings after 'f e RICHIRDSON, P. SIR R. NEAVE.. This was an action against lite defendant, the Sheriff or and another, for an assault and false imprimmucid. e al., was tiled at Chttldhall before the Chief Jietice, mid a verdict given for the de lentlani. Mr. S..ailett in this instance moved for a new trial. It appear.. I that Ow plaintaf, who resides in Essex, was going to Loud sssss u lien lie a as stopped by the ()Dicer of the of Essex, who said he had a writ of Ca. Se. against him.— The plaintiff said it must be 'nine mistake, as he did not owe any person the sum tar ii hich the writ was sued out. The name in the a sit was William Richardson, and the plaint ill's name ails John. The otlicer insisted on his caption, and look the to Isis house, where it was discovered that the a rut had been sited out by some malicious person, mid the plaiiiiii,* w as 41t-clutrlzeti. He then brought this action. The Chirt itt.tire, in his charge to the Jury, said there was no doubt the arrest had been malicious. hut the Jury had to lictlicr the officer had received instruction stilt. cient to point nut the plaintiff as the person to be arrested. The Jere found a ver dict fur the .I.4esolant.—Mr. Scaricit now (-untended that no instruction received by a sheriff,' officer could justify the arrest of a person whose name mai tint in the aril. The (out t granted a rule to spew cause. lIPEtiT U, •PIDREVII. . . Mr. Gurney moved lu set aside the nonsuil in this cats and enter a verdict for the plaintiff. It was a penal action upon an ace of the 55111 of the late King, brought in by Mr. ILi vies Gilbert, to prevent parish officers supplying the poor with provisions. The act applied to five parishes its Sussex, 111 1.111 . of w hich the defendant was guardian of the poor.— Si appeared he had made a contract to sell sheep to a person named Griffiths, and it was contended lie had incurred a penalty of 491. by infringing the aforesaid act of par Hamm. The learned gentleman contended that the contract was oh. vionsly an infringement of the act, which had been passed to p v cut the very thing whidi the defendant had dour. If half a dozen di:admits of the poor made contracts with the farmer, they hail au interest in the provisions supplied, and conwipiently could not exercise a proper superintendaure over the concerns of the poor. In that view he subiniittd the nonsuit ought to he set aside. The ChiefJ witice.—T here is enough to induce the Court to grant a rule to slier/ cause. Cillit!teli v. eIiTON. This action was tried before Baron Wood at Croydon, and a verdict given for the defendant. The Common Sergeant applied for a new trial, on the ground that the learned Judge had rejected admissible mi. donee, The question was, whether the signature of the plaintiff to a warrant of attorney was genuine? Evidence was called by the C 1111 l tllollSelielllt to prose the plaint If was ion in the 111/111 a here the warrant of attorney was said to have been executed time sufficient to :1114W him to virile his mime to ice on the instrument in miestion. Ile also called tile father of the plantar, who swore it was nut his sini. band-writing. Four other %%Unease: were called, all ac quainted with the plaintiff's hand writing, and they all de posed I hat they did ilia believe it to be his sigitature.—The Common Sergeant promised to call the inspector of forged notes, and two inspectors of franks in the general post-office, persons a ell skilled in judging of haul a ritinr, who lie use instructed to say, would have stated their ()pluton that the signatures in question acre forgeries. The learned udge considered such evidence inadmissable, and consequently rejected it. The Jury found a verdict fin the defendant, therchypillirming the signatures to be genuine. The learned Common Sefgeillat contended that the direction of the Judge was erroneous, such evidence halving been re ceived by Lt.rd Kenyon, Jll4l4te Buller, Mr. Justice. Asliur•t, and Judge (Muhl, on a trial at bar. The question urn those authorities ought to be reviewed; therefore he (ru-in the Coto I would grata a new trill. The Court granted a rule to spew cause. COURT OF COMMON PLE.4S, Not. 7. 11 VIIS V. TOP li A 9 K OF EMMA it O. Sergeant Lens moved the Court for a role to shew came why a new trial should not be gratited in this case. The !Nulled Sergeant staled, that the plaintiff had brought an action against the Rank of England, to recover the value of two sums of 3,0001. sacb, 3 per Cent. Consok. and 7.11. Long Annuities, w hill' had been sold out by his brothel, John Delay Davis, under a forged power of alto. liry sod on the trial it was proved, on the part of the link, that, on the 10th of January, being the time at which the dividends on 3 per Cent. Stock were paid. John Remy Davis had paid to the plaintiff's hankers, and to his credit, the sum of 1.101., which was the exact amoun t of the divi dends that would be due to the plaintiff on his stock, had it not been sold ; from which fact it Was inferred, that the plaintiff knew, at the time this payment was made, that his stock had been sold by his brother, and that lie Ewa ecived the payment as interest on the debt doe he 4 by brother, in consequence of making the sale. The phontid, (said the learned Sergeant), Is now prepared to prove that this payment of was made by his brother on account of house-keeping expenses, the two brothers and !lull mother filing at the time living together at their j oi n t e%petice ; and in support of this fact th ere was not only the affidavit of the plaintiff, but also of his mot her, Lad) Davis, and of their Mailer, who keeps the family acconnt,.. As soon as Sergeant Lens ba d concluded, the Chief Justice said, "'Take you. role, and, as far as it is proper for me to entertain it wish on the subject, I wish it may be made absolute. It is a most distressing ease; it the Pr" sent verdict must bt and, the innuctitt plaintiff will . be - ruined—and ruined, too, because he dela)eil to give In formation to the Bank, which would have certainly led to prosecution aids brother for a capital offence." A ministerial paper states, that Mr. Baron Gra ham and Nr. Baron Wood have retired. II It J ti fi