The National Register. — London, England, 1821-07-09 00:00:00

LAIF REI'OVT. COURT Op KING'S BENCII, Al.):: DAY, JULY THE KING , V. W. MOVER, ESQ. The CiturtprottOi - u - ietil the defendant, who tuts Cl)llVlcted of imbl,siiinz e.t.a ibi lib. 6 in the 3/tieurii and concerning Sir Holbert Peel, Bart. The libeitous nuttier tuns contained in a series of letters, bearinz dales 111. sth and 19 11 November, and the 9111 I).vettiber, 1819, the inducement for writing wit. et, arose out of certain electioneering, transactions in the botoot t li of Tantworth, ilea 11'tatams addressed the Court at considerable !wadi, iu satiti t ,ation of limns •w. ;Mr. Justice Bayley, anti some deliberation, pro. 'traineed the sentence of the Coml, which was 34 101 - low!•:—That the defendant he imprisoned three calen dar months in the King's Bench Prison, and pay a fine of 1,0001. and afterwards give security for five years, han.etl in t,OOOl. and two misers in 1,0001. each. WILDNEIIDAY. JULY 4. NOMINATION OW SPECIAL JURORS. THE KING P. DOLBY. Mr. Scarhit applied to rite court in this case for a role to spew cause why the nomination of forty-eight special _limns (or tile trial of this itodichnent should no; be set ~,:de, and why the Sheriff should aot return all the pro (Tel:tugs 1u making the same nomination into court.— Tne learned counsel moved this upon an affidavit of facts, and the presumption that persons were nominated who could nut sit ion the said jury. He applied on beholfof the Sheriff; and his object was to get the ornion of the court on the validity of the proceeding.— motion was founded on the 3 I of Geo. 11. cap. 26, which provides, for the purpose of prevetitiog abuses in summoning juries, that no person shall he returned by tile Sheriff or SUMIIIOIIIII64-Onicer to wise as poor, who has previously served within the space of one year in the comity of Middlesex, four years in Yorkshire, and two years to other counties. rile Sheriff returning such person is liable to 3 pcna'ty of SI. The 4il of Gm 11. cap. 7, on which Mr. Scarlett chitfly relied, also pro vi.!es that no person shall be returned to serve as juror on any issue who has been returned within the space of tst 0 terms preceding. The Sheriff was prohibited from retorning any person to serve as juryman who had Leen returned within the two preceding terms in Middlesex ; and if he could spew the court that any of the jury nominated bad been returned comrary to the spirit of the above acts of paliament, the whole nonmiation wonl,: be void. Justice Hayley.—One of the acts provides that Ilse Sherd shall not ri.turn more 'kin' 48, nor less than f:7, and dues not that relate to jurors in the com mon pout I ? 111 r. Scarlett admitted that some doubt was entertained whether the provisions of the act applied to special juries. He had consulted the master of the crown office, and that officer did not consider the objection applicable to special juries, he therefore only asked for a rule to shew cause. Mr. Justice Baylcy.-11 the acts applied to special juries, one of the consequences would hc, that in York shire you would not have the same man on two juries in less than four years; but how soon would you exhaust the juries in London. ether there any provision which says the S:ierilf shall distinguish in the list of freeliolden, those who have served within the last two ytars. ?dr. Scarlett read the acts, but found nothing to con vince the court that the nomination made in this case w• s contrary to law, and consequently they refused the rule, and Mr. Scarlett took nothing by his motion. The court proceeded during nearly the whole of the t!ay with new trials, none of which afforded any parti cular interest. THHKIDAT. JOLT b. THS DUCHIII OF CUMISSRLAND. Mr. Scarlett said, he had to make an application to the court of rather an extraordinary son. It proceeded front a lady of high rank, who claimed to be the legiti mate daughter of the late Duke of Cumberland, the brother of Ins late Majesty George 111. The application he should make was, that the lady Olivia Wilmot Scares, claiming to be Du chess of Cumberland. may be dis charged irom special bail, and exoneration be returned ou bail bond. The lady was entitled to privilege as a member of the Royal Family, which especially prutecied her against arrest in civil causes. Mr. Justice Bayley then abiied if the person was in custody. Mr. Scarlett said she was not, bail having been presided. :11r. Justice Bayley said, a person could not be dis charged on a claim of privil‘ge, unless the party Came before hail was ;Writ CLCII ; amid Mr. Scarlett in this in. stance was too late. The application was refused. The court heard argil nunts lot new trials. COURT OF COMMON PLEAS, THURSDAY, Jutir 5. JONES •ND BROTHICir V. ALLEN. This Was an action for brcacit of contract. Sergeant 'Faddy stated the case. Ile said the plain. Olt were extensive provision merchants; the defendant %els a cheesenionger, and had purchased from the plain iitis a considetable quantity of bacon, hat ins; first in spected the quality ; but, after he had the contract II days in his laassession, he thought proper to return it, and to refuse taking the bacon lie had Furchased; and to recover its amount the present action was brought.— A clerk of the plrintitis !brined that he attended Olt the btli of March with the defendant's son, to take the average weight of tine het:oil—that ihe rst lot of 200 les was averaged without any Iti jeCllOll ; but as soon as they commenced averaging the second lot, the defeat drtit's s on said it was tainted, and refused to proceed.— 'flit value of the bacon was linnet' to be 24041.95.; n is .11.0 proved that it still lay at the wharf. Sagertat Vaughan st.aed the defence, and contended that the contract was nut binding. inasmuch as it it hail 114 ...—.......—.t1d THE NATIONAL REGISTER not been signed by both parties, and there had not been any delivery of goods sold ; for although an order to the whartim 3 er to deliver the bacon to the defendant had been proved, yet it was clear the requisites for the deli vert• were not performed by the plaintiff. the Chiefins►ice charged the Jury, that although tha contract, as delivered to the defendant, was not legally binding on the parties, iIIaSMUCII as it was noi. signed by both the contracting parties; yet the subsequent ack now. ledgment of the cute tract, by the note written by the defendant's son and agent cured that defect, and made it a v .lid contract. The Jure, without any hesitation, fount] a verdict for the plaintifts for the hill amount claimed-2.0491. 9s. FRIDAY, JULY 0. DLP.LEY V. Ho15()N. This was a motion tor a new trial. The plaintiff brought his action to recover damaees sustaimd la: a negligent improvident sale of his property by the defen dant. It appeared that be had made a number of va luable copper plates, liable to be sold in the event of tint paying a debt, for which he gave a warrant of attorney. Die property was sold under legal authority, but the plaintiff complained that a fair notice of the quality of the plates had tint been given in the advertisement tit sale ; and the consequence was, that few persons attettded to bid, who had an) knowledge of the art. The plates sunk under the hammer at a price considerably wider the fair valtie.--TM Jury gase a verdict for the plaintiff with datnattes, which were far from being satisfactory. It was contended that justice had not been done to the unfortunate plaintiff, and the Court granted a rule for a a new trial. The Chief Justice, on his return (rum tEe cuurcil heard a few motions, and the court robe before tour o'clock. REPEAL OF HORSE DUTIES. To Coach Proprietors, Innkeepers, Posting Mailers, Trades. wren, Travellers, Ilig!era; in short, to all descriptions of Persons kerising Horses, the Pnorateroas of Land only ;welded. GENTLEMEN. Although Horses denominated Agricultural Horses have always been subject to a lower tax than any other kind of horses, although not only the tax on a single agricultural horse is Yl. less than the tax on a single bade horse, but the agricultural bows are exempt also from the progressive increase If inzation to which either horses are liable; yet, gentlemen, you see the tax on those horses subject to the lower duty repealed, whilst not one word is said respecting those horses which for many years have been subject to an unprdportionable charge of duty. It was said by one of the Member, that the tax on agrieultisral horses was a tax on industry, those horses being implements of the thinner; good, I should he happy to meet hint on this around, for the argument is smith ;stronger in favour of trade horses. Gentlemen, all your horses arc implements in your respective businesses, and the unequal tax you have been so long paying, is a reason why the tax on trade horses should have been repealed in preference to the tax on stgekult...ral horses. Horses used in any branch of trade, or by professiunal men, are most certainly imlements; and a tax on 1 / a In is undoubtedly a tax on industry ; but a tax on agricultural horses, or servants, if taxed, (as they ought to be, as well as servants in trade) is nothing more nor less than a charge on the land ; hence the removal of at; it is a boon to those very men who wrestled it ; it is half a million taken from the Treasury, and will, as soon as new lettings, and rent regulatioa days will permit, be added to the rrntal of the landed IrROPKI. EYOIIS, and will not increase the income of the renter; and thrther, if at a future day it be thund that the half million now repealed cannot be spared, it would not surprise me if Air. Curwen should propose some other tax, front which the LAND must be exempted. It really seems as if the proprietors of the soil were to be v.:dully protected beyond all other persons. In time of war thew rentals increase most enormously—in peace those overg ,- own rentals are, if possible, to be kept up by means either direct yr it lireet; if a Corn Bill direct will not operate to their wishes, then the agricultural taxes must be repealed ; no tax on servants have they paid, no tax on horses are they to pay. A Bill called a Corn Average Bill is now SILENTLY passing, which in its effect (and no doubt in its intention) is to Arise the restriction price ei,slit shillings per quarter. Mr. Robinson said that it was understood in 1815 how the averages were to be taken, or the Corn 13111 would have passed with a restriction price of seventy two shillings instead of eighty shillings, for that the mode of taking the averages would make Bs. difference. lf, therefore, the Bill of 1815 is to stand at Bus. (equal in 180 to twos.) and the averages be altered, this must on the same princi- pie make the present Bill as 883. Bill of the currency of 1815, or a 13t1s. Bill of the currency of 1821. How is all this ? Why. the landowners arc the legislators. Will the tenants thank their landlords for this ? No—A fanner said the other day, that now he was too old to be caught by the sound of aCorn Bill or the repeal of the Agricultural Taxes—sat one time his rent was not abated beeau,e his .* per cent. Property Tax was repealed, so that instead of his being relieved by its repeal, the LANDLORD wa . benefitted to the fall amount of 1;4 per cent. being his own and his tenant's tax, effecting thereby another rise of 174 per cent on his rent. At another time the Corn Bill prevented his rent being lowered, and now he supposes the repeal of the Agricultural Horse Tax and the Corn Average 11111 will be the plea. The fact is, that whatever be the price of the farmer's produce, or the amount of his taxes, the landlord will take care that the tenant's situation shall be inssierly the saute. Seeing that the wealthy landowners are thus shifting the public burtheas front themselves to the middling end lower classes. 1 would recommend the inhabitants of' every place within the extensive circulation of this valuable Paper, to prepare Petitions de/sp. setting torth the rsol state of the case, and praying nn Nue/ share in the protection to be at any time granted by the legislature; and now to repeal the tax on all horses, except hunters, racers, and horses kept entirely for pleasure. 1 am, Gentlemen, Your most obedient humble servant. Cheltenham, Jane 30, lagl. SCR UT ATOR. 0i• To oblige a Correspadent, we insert the above letter, but we owe it to ourselvs to add, that we consider mats , of his argu. nients to be fuut,ded in fallacy, and that goserally we dissent from his opinions on the subject. A few evenings ago a hOUSC in Church -street, St. Ann's parish, Suho, was attempted to be broken open in the evening, by some well dressed thieves, belonging to a gang of burglars t:•ho intent that parish, who made a second attack at five o'clock in the morning, after the watchmen were off, but were disturbed by some persons going to work. In an adjoining street, one night last week, seven or eight boys, who were pretending to play, nearly broke into a house, but the family were alarmed. and the young villains escaped, leaving behind them an iron crow, with which they nearly forced open the door. THE LATE NAPOLEON BUONAPARTE. Buonaparte was born on the 15:I1 of Aug. 1769, at Ajaccio, iu the Island of Corsica. Ile was the eldest son of Carlo Buonapatte, a lawyer, of Italian extraction, by his wife, Letitia Itansolini. Gen. Paoli was his godli►ther, and General Nlurbesuf his early patron. In 1802 he was appointed Consul for life; but his ambition aspired to the throne, and in 1804 he assumed the title of the Emperor of the French, and was crowned by the Pope. After a long course of victory, Napoleon expe rienced his first reverse in Spain, from the brilliant courage of the British army; and soon afterwards the fatal campaign in Ru.sia put an end to his power, and he was compelled to abdicate the French throne in the year 1814, His abdication was followed by banishment to the island of Elba, where every attention and splendour consistent with security was provided ; Napoleon left Elba on the 26th of February, 1815, at night, on board a brig with a few hundred of his followers, and landed on the Ist of March, at five in the after noon, in the gulf of Juan: being well received he proceed onwards, entered Paris triumphantly on the 20th, and immediately resumed the reins of govern ment. The King had sent an army to oppose him, headed by Marshal Noy, who joined Napoleon, The success of Boonaparte aid not however long remain without severe cheek. The fortified line of the Netherlands towards France, which was oc cupied by strong garrisons, chiefly in British pay, were greatly reinforced under the Duke of %Ye'. lington, and a Prussian army under Prince Blucher. To oppose this force, Napoleon left Paris on the 12th of June, 1815, and gained several advantages till the 18th, when he was totally defeated near Waterloo, and fled back to Paris, where he declared his political life to be terminated, and withdrew himself' in privacy. The conquering armies entered Paris on the 3d of July, and on the Bth Louis re entered the capital, followed by the allied sovereigns. Napoleon reached Rochfort, where he endeavoured to escape by sea, but finding it in vain, he surren dered himself to a British man of war, which sailed immediately for England, and soon- anchored in Torbay. He there remained on board until another ship was prepared for his reception, which carried him to St. Helena, the destined place of his exile and death. MURDER BY SOLDIERS. On the Jury returning a verdict of " Wilful Murder" against the soldiers engaged in the riot and attack upon William Code, since dead of his wounds, that they (the Jury) requested Mr. Gell, the coroner, to address a letter to his Royal Highness the Duke of York, representing to him the conduct of the foot guardi, on the two lust an niversaries of the battle of Waterloo, and request ing that some steps might be taken to prevent the like occurrence in future. Mr. Gell accordingly addressed a letter to Sir Herbert Taylor, the mili tary secretary to his Royal Highnessthe Duke of York, to which he has received the following most gracious answer:— " Horse Guards, June .11). 141. " have had the honour of laying before the Commander in Chief your letter of the 47th instant, and I am directed to convey to you his Hord Highness's thanks for the toms in which you have communicated to him the sentiments of the Jury who were summcned to inquire into the cause of the death of W. Cogle, and who returned a verdict of " Wi.ful Murder" against 11•Carthy and four privates of the guards, at other withers unknown. His Royal Highness requests that you will assure the Jury that he is sensible that they have conscientiously and correctly discharged a painful duty, f which no person can lament the necessity more sincerely than he does, and that he is obliged to them for calling his attention to the circumstance. " His Royal Highness has ever felt most :Amiens to check any excesses committed by the soldiers, and to enforce orderly and peaceable conduct in their intercourse with all classes of his Majesty's subjects. Ile deeply regrets the melancholy edicts of their disorderly proceedings upon the anniversary of a day so honourable to his Majesty's arms ; and he trusts that you and the jury will give him credit for a sincere disposition to use his beat endeavours to prevent a recurrence of such excesses in future. He does nut wish to offer any excuse fot them on this occasion; but he cannot help observing, that the mischief may in great part be ascribed to the fortuitous circumstance of two hat. Clii(111E of the foot..cuanls, which had fought at Waterloo, being at the penal of the two last anniversaries distributed in quartets, and not placed in barracks, where they would have been more within the reach of due and close contrail. " I have the honour to be, &c. " IL TAYLOR. " T. H. Cell, Esq. Coroner, ate." In future, it ib understuoil that on the annirerssary of the battle of Waterloo the soldiers will be re strained, in a commemoration of the memorable clay to barracks, or under the immediate observation of officers apointcd for the purpose. On Monday •e'nnight a favourite blood mare, the property of Mr. Humphreys, of Coed, Carman. thenshire, foaled foisr colts; and what makes this instance of profusion in nature more extraordinary, they were all of a brilliant jet black, the data being a bright bay. mama