The National Register. — London, England, 1823-02-10 00:00:00

COURT OP CHANCERY, Fie. 8. ISJUNLTION BKUvIAN LOAN. At the rising of the Court, the Attorney-General said be bad gt motion to usebe of a most pressing nature, 114110 y, fur an irymwlwa to reetain money from being rent out of this isometry to whet has ►ees called Abr Peruvian Government. Individuals have Come to this country is .great haste, one of thew ; aping himself Abe Envoy Entrisoodisary, and another the Picts'/po tentials, of .the eeravian empire ; bet we any say, (continued the 10.r1114 gentlemen) there use mach empire in evistence— eve know "net the fbretrian government. if, however, there he sank, aro suppose that it smelt belong to Epaia—hut it is **known to us, and as a very large sum of mosey has hien paid into the halide of Messrs. Everett mid Co. bankers is Loaders. for the purpose of supplying that loan, we pray on behalf of the petitioners, Jones and others, that they may be vsistraimid frues.parting with such motley—our application is made on an alidavit of these facts. His lordship-I•ake your iftjueetioe to restrain thou twig sturdier eiders. • • COURT OF KING'S BENCH. Minna Y. FEB. 3. Mr. Adolphus moved to strike tiff the Roll of the Cued, Clarke and Isaacson, two silorooym The application was snide, I affidavit, seaming forth that Brooks, (who had so nerrew ua esc.:pe at a recent tilld Bailey Sessions, where be was ea- Antall, indicted fur forgery,) applied -to a person, requesting • /iorniipetion to sue far a debt of it. and giering an indemnity that be world not snake oat a bill of cows. Notwithstanding that -engagement he ran the plsiutiffesp a bill of 431. S'ke affidavit anent ipa to stete•this was done in the names of the attorneys against whom Mr. Adolphus moved the Court, and that it bag their sanction. The court granted a•rale toetheimcuse. Mr. Storks mowed for stale tionli..w cause why an attorney Ardis Quirt, whose name for the present he would forbear to .naaistios, should not be struck off tre.rolla, for acting as agent to MI unqualified person in the ementry, and why that person, whose name also he widtld conceal, should not be committed for his offence and why a copses*, given to that person, should nut be delivered qp•to the .defendant against whom the pro ceedings went/then. The party who acted as /principal was not as attorney, bat only a conveyancer, and be and his *gad in town had both been conversed iti the conduct of a snit, which they had nettled by taking payment of the debt, and a costiact of the costs. The Court greeted a rule to shew pause. TIII o. ItAIICIA►E ANIO MoTT. This was a rule obtained in last Term by Mr. Settled, call ing on the defendants to show cause why a critnisal information should mot be bled against them. The defendants are two of the Com Missioners appointed ender the local act for pevicg, Jightiag, and improving the tows of Brighton ; and the perliss applyiag fur the rule are Magistrates of the division. Between Athos* tridies, disputes have fpr some time existed, respecting the nurie in which the act of Parliament should be carried .Lilo effect; end this rale was mooed for on three grou.ds— brat,•lhsl the Commissioner" bad celled a meeting of the Jobs- Intents of the 'oda, to cuoipider of the conduct of the hales !'Second, that they had caused re•olutiuus, containing linelluus remarks on the Magistrates, to be published in the local newspapers : and (laid, that tbej had refused to seed use of their beadles, , wheti requested by time Megistratee, Au.assist iu quelling a disturbance in the town. Mr. Matryatt now showed cause Against the Tule. The Lord Chief Jodiee suggested, that it was highly deli /side that some ainicaele terujuation should be yet to the proceeding•. Mr. Scarlidt, on the ,pad Air the Magistrates, expressed his ✓eadiness lo aucede to any recommendation of the'Court. The case was then ordered to .gaud over to give opportunity for a compromise. At a later period of the day, Mr. ltlarryint produced a short affidavit of the defendants, slaw% that they had hewn actuated by no wish to insult the oiagmtrates, which Mr. Scarlett received as satisfactory sod the title was die charged. THE. gING V. ,Wll. VOL The Solicitor IGenrral soured for the judgment of the Court en this defendeat. W hen ceIL.l he did not appear ; and un an allidava that hr bad been duly ser►ed with Deuce, his racqui nsures were ..treated. THE SING N. JOHN IRWIN. The Solicitor General Moved for the sentence of the Court op lii. defendant, who had sulfered judgement to go by default to an indictment on 49 Gen. 111. c. 126. for ,pretending to sell to a pewees named ACisman a place is the Excise. A me mused hoists Woodall was charged with a participation in Ike oliimicu, but had not been fumed. The circumstances of the case, as di►closed by .t►e affidavit of the prosecutor, were as follows:—Baring been uufortunate in business; he CSII.A AO advertisement to be iuserted in the riAuee.uovispeper of the loth of May, 1109,01fering a reward se any cue who would procure fur the advertiser a permanent mmecantilp situation, mid desiring letters to be addressed A. P. W.,20, Fleet-inarket.' A day or two after a letter came by the two-penny post in answer to the advertisement, request ing him to COIN. to Walker's-terrace, Mile-end-road ; to which place he went, and there met the defendant Irvin. Irvin toad into the situation he proposed to obtain for him was ill the Ex to which he replied that lie was as upholsterer. and would prefer something In his own liar, bet Irvin assured him that the Wary attached to this office was 901. a year. and that it also effailled seuiwiderable iferguisites. Deluded by these representatiuds, Ito .egreed to give eighty guineas for the situ salon, which was to .he procured by the iauener of a clerk in the Treasury, by whom the premium was to he accepted. On the nest day, Auhman was informed that it would be necessary to advaocu 3a1.; tide lie hesitated to do ; but offered to deposit the whole money in the hands damns third peraou, to he paid over as soon as he should be in the enjoyment of the office. lie was thee introduced to Woodall, by whose persoaaiou he was ultimately induced to pay the 351. in notes and abort dated hills ; the whole money was taken by Woodall; and a joint and several promissory note si A irsd by Woodall and Irvin, for the repayment of the advance in lire weeks. ben the mote Legume due it was not paid ; and he called on Irvin, who gave bite a bed sad some villas articles, nut worth mote then 51. iu pert payment. In prison, afterwards [trick bad offered him 21. to give up the bill. On thin part of the defendant, his alfd►vil was put in, setting forth thut he had himself herr. the dupe of Woodall, and that la had a wife and three children Wilily dependent opus him Inc sebsistenee. Mr. malice Bayley pronounced the sentenne of the Court, which was, that he should be imprisoned in the House uf Cor traction is Culdbatis-fields for six calendar months. THill KING v JOON IFKOST. Mr. Puller prayed fur the judgment of the Court on this de• fandaet, who was luctught . up in custody - of the gaoler of Mon. 'earth, Lavin been tuaod guilty at the last assizes fur . that THE NA' 'IONA!. REGISTER oithety on too indictments, charging bins with the publication of libels on Mr. Thomas Protheroc. Th.. Loin Chi f Justice directed that that the ease should slant over till Monday next, and that in order to sac the gaoler of Monmouth, be should be committed in the mean time to the custody of the Marshal of the Marauders. Mr. Frost thee retired in custody. CLEMENT' a. M •LKIN. This was an action in the ease fur infringing the copyright of the air " Vms Ifeeri Quaint" with ‘variations. composed Ly Mr. F. Kellthrenner, and by him sold to the plaintiff's, who are eminent dealers in anssical instruments and pahlimelions. It appeared from the evidence of Mr. Kalibrenner himself, hat in June or July, 1814, just at the time when the. Allied Sovereigns *Lilted London, be sold to the plaintiffs dm copy right of the work in question, with that of one ortwo other airs, for 301. whiebJee.reeeived. 410 his return to Preis, he *old the oopyright of the same work there, excepting gughuid aid Germany, to Mr. fileysl ; and it we duly registered as Itia,property according to the law of France. The air (multi imed no sale by fflessrs.Cleinenti, bat no assignment iu writ * (which•under the statute of Anne is essential to the copy right) was made to Item till the 24th of January. 1822. la time, the cork was sold openly iu Paris, and Mr. Walker being there with Lis son, i in 1817, purchased a copy and republished it it h:s shop in Soho-square, where at has been sold since the replay assignment to the plaintiff' at half the ,peize whiub he demanded of his customers. The Lord Chief Justice pee .so opinion on the ,point of hes, batomi,gested that, as .it was of importance io musical professors, it should be brought before the Court for more anthem decision. A 'redid was accordingly taken forrhe 2s. subject to che qpillioa of the Court on a special case. rtint.nosr, FEB. O. MLA/MI-OEM Y.—JUDG:IIENTS. euui ZING r. TOSBRRID96. The Solicitor-General moved for the judgement of the Court on the defenduat, found guilty .. f publishing a Masi/betimes libel, namely, Pahiser's Principles of Nature. The Lord Chief Justice read his motes of the trial: The defeadtat put in we affidavit is mitigation of latuisli , meat. The Solieitoe•Gersetel also declined potting in anycia the part of j i lsj oi st en. Tap addressed the Court, and read from a paper, tbellffiMllffi , be said, the Court ought sot to pass 4annary. he was tried, he said, and found guilt/ apes tire e v idence of pudic officers, who swore the book was mold Weirlile's shop, but sot one would swear he deliver ed ibis eisiiki• No one could say he sold the copy which wee the sehjealliffi - grastrontion. The Court bad no evidence of Lis haviegypahliaisiff the book. The Jury Coned him guilty, toot .epos tbe evidence, belie consequence of his having utC.-ed • hasty exprearion.—The defendant was proueeding in a strain of violent abuse, directed to the Judges and Jury who tried .him, when The Lord Chief Justice said—" if yea force the Court to bear what it Is our duty not to beta, we hare only-one course to pursue." Th defendant then said be was not disposed to mask his principles, *lsiah were like those olio. philosophical work ha bad sold. The defeadent complained, -that he bad not had a fair,trial. He was prepared to make • defence, which must Lave made an impression on the Jety, had lie .not been inter mapted 'by else Judge. Their Lordships, as Judges, bad nothing to-do with religion.—Lord Hale said the Coerts of Law bad no power to take cognizance of religious offences. The duty of defeniliog religion devolved on the Church only. The Church, in early times, bunt heretics without the Court of King's Hush. lie was one of the heretics of file present day, and be,cdroplaisied of a religious ioquisition, which was now as delusive as witchilraft in the Kith century. lie had been ' stopped on his defence by the Judge, oo the ground that he was nut taking • legitimate course. The word legitimate itself was so odious that he might almost apologize for using it. The Solicitor-General laid, in aggravation I stall not make one observation on the general topics introduced by the defend ant, hut with respect to one point, I merely wish to advert to what Lad occurred al the trial on the fact of publication. The defendant said at the trial—" Ihe sale of Ate book I do not deny ; .1 war bound to sell it in the discharge of the duty I owed say employer ; Pslwer's Ptinoiples of Nature was no libel, but au bona,' to every person who might have it in his possession. !" The Lord Chief Justice.-1 called the attention of the Jury to that point. Judge Bayley then delivered the Judgment of the CourL— William Tonbridge, you are to receive the judgment of this Court, after having been convicted epic information riled by his Majesty's At Woes , General for publishing a libel. The law of this country an the subject of religious °lithium is AY liberal as the law in an:tether country in the world. It 'tows every man to judge tor himself. It prescribes for no man. It leaves every (mete adopt say particular speckle of worship, bet it does nocaufer that any man in acourt ofjuitice, or eMewhere, shall cuter into argument to slier/ Christianity to be an abuse, when it is the established law of the laud. You may not be aware what wisi Wel you may du, and bow high .4lie religious crime may be you will Loreto answer for, if you shake the religious principles of young petunia who have no opportunity to stedy and coaling, their mode of faith. If you take from thcir minda ail moral and religious impressions, you way be the author of all the crimes they commit. This is not a place Fur the discussion of principles of Christianity, but I mar say the hest and the wisest men who have applied their -minds to the subject have the firmest belief. No man can have attended to the reading of this libel, without feeling it is au abuse, and that it is likely to contaminate the usinds of youth. The court taking into couvideration the circumstances of yr..r, offence, and believing it to be their bounden duly to protect persona who have not the opportunity to obtain information audicient to rebut the effect M there publications, do order and adjudge, that for this offence you lie imprisoned in the House of Cor• rection Coldbsth-fields, two 'ears ; that you pay a fine to the Ling of 1001. and Mid sureties for fire years, yourself in IVO/. and two others iu 501. mob. The defendant.—lt is a sentence worthy of a Christian court. It is worthy of a Court that— Tbe Lord Chief Justice.-officer take tins away. The defendant Ono left the cow* in.. lauds. THE LING 12 SUSANNAH WKIGHT. Mr. Gurney moved the juilgtneut of We Court on this de feudist. M rs . Wright, attended by a female fi lead cause into Court. She proceeded to teed an address—in effect—that after some months' imprisonment, among feluns, she had cause to complain. The Lord thief Justice refused to hear her defence. which had compelled her to get it printed. and send it to their Lord ships, •1141 hoped they bud read what she iutended to read as her defence. She meant to couteud Moe, as she did them, that _. . to deny the truth of ch ' 'airily um not against law. 1 Mr. Jnetice ea k y ley referred to an sot of Parliament widish r ado it penal. Defendant proceeded.—You declare christianity to be • dii Me system, toe not for •tulerming the Unit/trims says it is Out so, our against law to deny this. The Court interropt, il.— it was against the oath of the Judges to permit a defendant to read that which was against law. : Defendant.—Yoor Lordship refuses me to premed, het I persist with my defence. Coaid any thug be,called law pistol an Act of Parliament which said what the law was ? • Mr. Justice Bayley interreptedebedefendeot le these words • —Airs. Wright, the sentence of the Court is, that you be im ' psisoned for lb moi.ths in the Boom of Comelier', Coidbetk. • , tields. to pay a line of 100l..and to Ind two safeties for your good behaviour for five years, in the sum of 501. each, sod to be forth, r imprisoned until such fine be paid, and such sureties entered into. • The defendant, on being ushered oat of Coen, is:claimed:— ' .. Ilope . your Lordship will give me a check on year Malta. I for the amount, as 'I shall never be able to pay it." I SHE LINO th foam arunuts. ' Me defendant wasrbronght up to receive judgment, basin ' been foetid guilty at the sittings after last term, at Lollar/41,e( • making an indecent exposure of his person to several 'mai females, in AloorSelds. The.defendatit pat in his sillideeir, stating that .be had lost the situation he held previous to his cmvietioa, end that be bed . been afflicted with a disorder in his eyes, which woolddeprive him of the means of supporting his family. • , Other alldavite.desoribed the defendant to be • wee subject to permyvais of Moms, which produced i ntervals of mental derangement, and that previous le.lllo offence for which he wes to seurive judgment, he was known to be a moralises. The Lord Chieli notice mid, there was a circumstance in the affidavits which iodneed the Conine think it would be better the defendant should come up foryndginent neat Term. The defendant was aceordingly admitted to hail to be brought op nest Term. .11611DAI(, SLR 7. • This day 99 smugglers were brought mgr Ivy writ of Hikes . Corpus from kis Majesty's ship Severn, when they bed been demised by the Commander oa suspicion of the wirier of i man mooed Cullom. They w eve marched along in double headmffs, ironed, end in *barge of constables, with se cffieer is military uniform, whom mom into Court with a letter in his bead, which he •baaded over, tosetbrr with the key of their irons. Oa their irons being struck off they were drams cp, .22 in somber, es dielloor of she court. The letter which was here read, wee from the captained' hie . Majesty% ship Swim ; is it they were charged with samiglieg sad also with she murder of % MIMS Callus, on whose body ea Mows had been held, and a verdict of wilful sunder ow tweed against same parlous unknown. It ',peered that Calm was shot during the delit between the sanagglisig miter (sum niik Bowe) and dde Majesty's reverie* eatter, the Iledpar, off the coast of Frame. The smugglers Met three me• ia the me diet, on whose bodies • cormer's inquest bad hem held, and a verdict of Justifiable Homicide returned. The seingelse was laden with tobacco and spirits, and armed with sinve•ad mr ronades and a variety of small arms. On the Boifte mm manning a •morm fire of cannon and small arms, tie smugglers cried out for quarter. but flirty afterwards Med epee the ostler, by which lire one man was killed mid three or Fear sea were wounded. Mr. Brougham contended shat shs defendants were 'elided to their •disultarge, having done no more than dtao defend ►hemselves ou The coast of France when attacked. They were only enspected of easaggling, and there was as ground to charge any individual with the murder of Came. The court committed the defeadama to the (melody of the Marshal of the Ling's Hunch, to be delivered over to *ma gistrate for examination ou the charge of warder. THK KING A. BENDIIRY AND Mr. Scarlett moved for a rule, calling se two magistreles of ' the county of Sanlk to ehcw cause rwh3 a criminal information should not he filed against them. ' He made this appileatioe behalf •at the proprietor of a waggon which carded paredsbe ' tweets Norwich and Thetford, wed whit resided at Norwich. I. August last a quantity of game was, on the road, taken op by his servants, and seised belore it reached its place of &miles tion. Of this transaction be was entirely ignocaat at the time, and when he was informed of it, be dismissed entry goo mho I could possibly be implicated from his service: Tobin great surprise, in the month of November, be retierred a sueugeoe from the defendants to appear before them and answer Wrongs ' lions on 6th Anse e. 14. ter evening game for sale. Ho at tended, and I educed evidence lo *bow his entireignormise of the fact ; but be was convicted in penalties to Abe amosat of 1591. ; and the magistrates. is drawing up the conviction. omitted to state the evidence on which it was fouudred. sad ob sensately refused to iusert it. He was therefore left without any means of redress; as the decision of We magistrates was final. The Lord Chief malice erpreesed his opinion t►at the learn ed coonsrl had shown enough to entitle him to a role i bat Meg gested that, as the tuagietrates had probably acted under as erroneous impressios as 'to the law, that the better coarse would be to take ■ eirmdamsur, directing them to Jowl the evidesee. and to give notice or a motion for a certiorari i• remove the conviction. Mr. Scarlett assented to this proposal and took his writ of esesidesmir. In the mints of the morning Sir Ibrahim Lowe owe into court to - meear on affidavit, on which he Wean, a termed a mo tion ter a criminal information against Mr. O'Meara. It is un deretood that the motion will be made on Monday. The pre sence of Sir Iladmni Lowe •ecited mach cariosity in the body and avenues of the court. COURT OF COMMON PLEAS. FRIDAY, Feb. 7. SIMPLEX v. eavatort. In this ease as action of trespsis was tried al the ha noises of Guildford before the Lord Chief Heron; the ' , lanolin' in which had been tenant of • small house belonging to the de fendant, at 3s 6d. a week. Raving received the regular notice to quit from 040 defendant, the plaiatill . removed sours of his goods to another house. At the tersuinatios of the period ape ' cl6ed in his antis*, he laadlord went to take possessioe, but r o und then hues* locked up, and usinhaloted. He therefore broke it op** with a crow bar, and put smother tenaul its pos session of it. The plaintiff under these circumstances brought I his action. The Chief lisron held on the trial that the law I would not justify a man to tale possessien of his house is this n ay. 45 such violence might lead to • personal battery, sod perhaps murder. The Jury, therefore, gave • 'radii:l for Ithe plaintiff. Mr. Sergeant Taddy having on a former day obtained a rule Oil. NZ • new mist. Mit I I I i ~~ LtlG