The Statesman. — London, England, 1819-07-21 00:00:00

~~ titled M net to become sikerity u nless he was pre. pored to pay the debt, for it was evident Oat Mr. Payee Wail not estislieil with lotigh's seruriti, nib"- wise he should not hese asked for the Defen.laitt's. Defoir the bond was twitted, the Plain.iff bail united on the Solicitor of the opposite patty, end told him that she cnocern was perfectly solvent, that be was sure of it, that be spoke from the books, with whkh he was thoroughly ocqsaiiitvil. It was on this misrepresentation sin she part of it.r Plaintiff, sellich be should prose in evidence, that Isla Client was induced to give the secerii. Ile 'Wield also prove, that dosing three months before she bond was iezectsted, the belittles, was in the greatest distress, and the estate actually insolvent. Mr. Joseph Nola' was then called. [lobed acted es 'mousey for the Defendant, and he deposed whet the Plaintiff had represented the concern to him as perfectly sullen, in consequence of which strews lotion ILe Defendant had been induced to become to for Lough. When witness asked Plaintiff If there were assets to pay the 23371. It.. 4al. to him, eisd also the other claims on the estate, he replied," 0 yes; and a *toy handsome (or a very considerable) supine." Witness asked him if he was sure of it, sad be said, " Yes, I am, for I kept the books oyefti." Semal other witnesses were ermine." at Wit length, respecting the solvency of Loogis and Co. before Payne retired from the concern; and after a tedious essmination, 'the Cutter Juvrica sugarstekl, but as this goes. lien involved a sietement of accounts, and other points of an intricate nature, it might be advisable for both pasties to settle the matter by • reference. Alter a *hint flatiron among the Coisii...l on both sides, it was agreed to refer all matters of dif ference to Mr. Philips, the Barrister. DOCTORS' COMMONS. The will of the late Duke of Ilsmilton and Brandon wag weed in the Prerogative Court Is Doctors' C o mmon., on the 3011 ult. by Sir BaDjantisi Hebb. bons, Bort. and William Gosling, Esq. of Fleet street, banker, two of the aervieing elevators. A eserse Ming held over of probate to the Earl of Rockford and James Alexander Stewart 111'Kenaie, Esq. the other serrivora;—Lord Webb John Sey mour. deceased, was else appointed to the troll. • The fits sluts. it contains is a direction for plain funeral ; and instead of inclining the steal espendirere on such occasions, desires that the sem of one hundred and fifty pounds may be Oven to Hs Asylum for the Blind at Liverpool, sad a similar gem to the Dispensary there. The l'alace at Ham& tee, in Scotland, with all the roosts sod properties Iherts, are stated to have bees already made oves to the Duke's eldest son, Lord Nunn, cemmonly celled the Marquis of Douglas, with the reservations of a power for making estate charges thereon, for the borstal of the testster •r his family ; and the sem of twenty thousand pessis to have bees ad. minced to his Grace's daughter, Charlotte Dashes of Somerset, en her mashie. Srventy.sis thossed posed' (citified open the stets in the county of idontisrer. In February, 1804, inch vested is the hands of trustees for the purpose) are betpleathed to the ether children of the testator, Lord Archibald Henillree, as enmarried daughter, and the Countess of Deemer?. The latter is stated to have had al. reedy made over to her fifteen thousand, and the. remainder is loft he the others, is trust, for their lives, sod to their chilliest • except the sum of one amassed pounds each, w hich is left as as absolute His racing-cups, and all other plate, carriages, Seen, and kooks. the leveler has left to his daughter, Me Hecht". of Somerset; to all her daughters the SIM 6r feet theened posed' each, and to her eons tech, two ihoosand ;meads, to be paid as they mo rtally ordee let age, dm *Merest SWINGS to accumulate is the mere time. All the freehold and leasehold estates in Lancs. shire, perchased since the sbeemmtestieeed settle ment in 1604 (those of preeitres possOlion being probably entailed, the assignment to the Marquis of Douglas of the Scotch estates, burin also stipulrted that no further lease *borsht be granted by the Doh* is that country), are desired to be sppnised and offered far sale, et the adjudged am to the Marcps:s; sod in use of his refining them, to any ether perches', the wedge*, with that also of aH the ferniture, pkteres, cod other effects, to fell into the residue, the whole of which, converted into money, mith all accurnelatiena, Is to be employed by the trustees for the sacs of II years, in the perches of freehold estates is Enabled mad Wales, which are devised to the mimed son of the Duchess of Seeress, et 11 ; and, for default of each, to the second and ether sons in SIMMS'S*. tempting always any.sech gees es shall, by sirup* of the elll of the late Doke of Hommel, become entitled to his freehold estates; and, failing of all such eons, to the Duke of Sesa me' (the heebred of the testator's daughter) and his heirs for ever. The legacies I. the younger children ore stated to be In lieu of the provision made for them by their lather's marries* settlement ; namely, the sum of Ida Opened peeeds, to be equally divided betimes them. Os* hundred pomade each is given to the eseco. tors; there are two codicils; owe a mere memoran dum; the other made for the wpm of beqieethieg semi end aseeities chielly to @eremite, sees of whom are mentioned iss terms of regard t—To the groom, 8001.•, sod to °o fauteuils gervent, wasted, we be. bees John Doseldeos, besides a Mesita, pecuniary remembraece, the picture .f the Doke of Hamilton (his Cress's lite brother) en hemlock, " clothed in red." The Will is dated, 16th October, 11118. — The peratteals were sworn ander 90,00 CL In Ibe coon, of the late diggings east the Ports Nomentans, at Rome, au antique tomb has been dis covered with a philtres, containing two bodies, ono wale and the other female. Both were covered with violet..coloored tonics brnocbed with gold : the tonic* consist of woollen cloth encommorily fine, which proves the degree of perfection to which the Romans carried that branch of manafactete. Sem Macgregor, a girl of ail years of age, died soddenly et Blairgotren, Scotlurd, en &today se'n t.ighl, by hasiog swallowed part of the top of a it. siver. Tilt STATESMAN.. LONDON SESSIONS, JULY 40. STKAIIMOATS.-111 PONT T rAsE.. i b ionEso,l n. TUC WATIJOILM'S COMPANT• This was an appeal to the Coast to set aside the contictiren of Thomas Breerikmn and others, Pro prietors of the Engineer Margate Steam-boets by the Master awl !Wets of the Watermers's Company, for rouging a wester number of passengers than is allow. ed by the Act of Pirlinmetit. Mr. Bot.Lano 'primed for the Appellants. The I conviction he said took place in April last, when the boat of his Clients was on her way between Gr and London. She bad on board it appteved 99 pas sengers, and it being then contended that .he was not authorised to carry more than GO, a conviction took place, by awarding a penally of 191. 10s. ; that iv, 10s. for each additional passenger beyond the specific •11111iltf allowed by the Act. This conviction was resisted, and he thought very properly, sewn several emends. Into all of these be was prepared to ewer, if netuesvry, bet without going into the Acts of Par. liameret, he would at once take an ohjoesion, in limbic to the conviction. Upon the face of this, one of fence was alleged to have bee. committed, awl the By.laws of the Court of Aldermen, on the selieel, had adjudged that a penalty of not more than and not less than 10s. should be paid by the miner of Oily boat, butte, wherry, &c. for carrying a greater number of passengers than is allowed. The Act of Parliament, 10 Geo. 11. which 'wooded to the largest class of boats. made she fell penalty not more than 31 for the • lance, bet here instead of WIC the con. viction was for 39 offences. This he thought, at once, fatal to the proceedings. Mr. ALLLT, who roppotted the coneictios, said, that common sense shooed that if the offence was multiplied, the penalty et tended. The Act espressly said, for every passenger beyond a certain number, and if the penalty could be leviwl for one person only, the restriction would be altogether nugatory. This was the hid ',perkiest, and an agonies one was. as relating to steam-boats, the proprietors of which would very willingly pay the fall penalty for an tetra passenger, if they were thereby entitled to take so excess of 100, whose fern would him I. the most ample way. Mr. BOLLAnn said, that steam-boats were Dever rentemplated by the Act of Parliament. The 10th George 11. and the 34th of the King, spoke of "tilt boat, ron-barge, or any other boat or wherry," the largest of which wiser considerably 1s tonnage than ateamAsoats. It would be unjust, theoefore, to affix IM penalty laid down in a very,old Act of Parliament for an offence which never could bate been foreseen. Here be could not help remarking, that when theists .14. Stanhope talked of the eat roductiou of ateans.boals and was bold neigh to anticipate their crossing the Atlantic, his observations ware regarded as the re eyries of a modems. Ile (Mr. B.) however. was one of those who gasecredit to As prognostication's of his Lordship, and had lived to we the day when steam boats had arisen, crossed the Atlantic, sad arrived safely in a British port. If the Legislature, therefore, had ern foreseen the use of rem-boats, bet left this cons onuses in the Acts, provides should be resole to meet them, Ned not base terming to other enactments to the Hely of a gnat aid useful inven tion. The Act procipally applied to tilt.boats and the like, carrying bat sissy, whereas steam-bore were capable of carrying hendeeds of persons. Upon the whole, he cootended, that setting aside the non. description of the boat, that there had been but one offence committed. and the parties who conflicted his Client bad acted wren. The Rumness& said they had acted right. The clause is the Act was, " that if any master, steers man, Ac. of any tilt•boat, row-barge, or any other boat or wherry shall be worked, &e. and take vs board say one or more passengers beyond, Ac. that for every stick offence they shell forfeit sad pay. acc." Ile was decidedly of epistles', that every additional passenger coostitated a distinct offence. Mr. A Luc thee proceeded to prove the case. Samuel Sparrow said, that he knew Brookson, the Catemonder of the Engineer &saw Packet. On the the 19th of April, he .an her between Gravesend and Linden, having on board 99 passengers. Tito fares, be believed, were between two and throe shillings. Crosseelamieed.—lie did not see Breams paid the fare by any of the passengers. Mr. BuLLAND now submitted that the case was set made oat either in law or in fact. Is the first place he coeteaded, that this be yes set within the weaning of the Act ; and weirdly, that it was not proved that the Appellant bad worked either for hire or gain. Bet even waving these points, for the sake of argument, ho would suggest smother prin ciple spinet the coronation. The object of the Le. gislatere is king the number of passengers for or.' tie sized boets f yes dendrites' the prevention of danger, and the Act expressly made It a felony end treespertelhe offence, where an accident occurred through a breach of the first rule. Ile would, than fere, ask the Liaised Recorder, If he was slitiag elsewhere, sad [keelson was tried for, an accident wader similar circesestances could his Lordship direct the Jury to find a verdict of eeesictiee, when a description of his boat was net to be friend is the Act of Parliament? The fact was, that the prohi bition of the Legislators Weeded to boats ke. of not SWIM than lb tons, and the tonnage of the steam• boat was perhaps 300! Upon these grounds the wieldiest, he conteaded, mast be gsashed. Mr. ALLEY said, he was of epistlers, with his 'timid, that it was not so mach the kind of boat, but the danger's, neesher of passengers which was coo templated by the Legislature. As to the position, that hire sr gain was net proved, that was easily an. swered. There was good prime facie ',Welke alike far, and the thing had often been Jarred by Juries with segard to stage-coaches, where no actual pay ment for fares was made out. Men of common sense could cosily we this, and though it was for the oppo site party to prove that they had carried all their passengers gratuitously, yet the offence would be the same, for who wild attempt to dewy that 90 persons in a boat was aid all alarming aid dangerous @amber to early. The description is the Act, of " any . other boat or wherry." applied most corn. pletely in the present car, and the host being worked by steam was no answer to the conviction. Suppor, he would ask, that it became pretticable to work the stagecoaches by steam, would that jus'ily the ~*nets in taking such a nombe► of ailditinnel pas- sensors ss would lead to accident and (tangos ? Mr. IiOLLAILND swim read lb. clause frosts the Act. to show that th. boat of Mr. Brooksno did not fall within the description liable to the prosily. The REOOR DEW slid there was certainly something l in this, and it struck him forcibly that the stesm•boat I In question partook as arch of the principle of a ship las a boat. Mr BOLLARD said. he felt conscioes that a dis. 'TM% never would has• been attempted to be levied in pars of the conviction. The RECORDER and the COURT then proceeded to 'amine the record of the conviction, when it was discovered that it was there stated to be for " an of fence," and not "offences." If the penalty es tended, as it might, In law, to every individual beyond the prescribed number, it could not of course be railed a single offence. This objection alone, there• fore, waving the point of non.desco ipsion of the boat (which might have been more fully conaiderril by the Court) was fatal to the conviction, which must be quashed. Mt. Au.' hop►d it would not go abroad, that becau►e of such an error itr words, the prorretlisigi acre, in themselves. wrong, and that roasters of these boats were to lie allowed to carry such a num ber of passengers as might lead to great mischief and danger. Mr. ROLLAND also frosted, that so useful and vale able a discovery as the stesm•Mata was not to be es plod'', or injured rayon grounds that were not only, not equitable, but illegal. The Coosa ordered the appeal to be allowed, esti the conviction quashed. SCOTCH JURY-COURT, JULY 10. FURhars DRIVING. ALLAN N. r•LEIIN AND °vitas. Tbis iuos in this caw was se folln•s " Whether on or about the2sth (ley of July, 1818, the Waterloo coach, of which the Defenders are proprietors or contractors, was martyrised 'salvia the North (aerensferry and Inverkeithing, in come. geom. of the negligence or improper conduct of the coachman or gond, whereby the Pursuer, then • passenger in said coach, suffered bodily harm." The damages were laid at, for medical minutes, 2001. ; for solotiree, bOOOl. It appeared from the evidence in this case, that the Pastier, on the 25(1. of July list, was ais outside passenger on the Water. lon coach, running to Perth; that after crossing the ferry, and between it and the old Toll-bar, where she read breaches off towards Dunfermline, a one 'horse gig, having in It two piteous, attempted to pass the coach ; the coachman was excited by severs' of the papaws, and amongst them the Perseer, to keep before the gig, and put his hones to a gallop,l thine' desired by the guard to pall up; whilst din ing et this lariats rate, and turning a sloop angle of the fond, the coach upset, end the Pursuer, with other passengers, was dreadfully hart; his left arm was dislocated at the shoulder joint, his leg dread , fully maimed, some hard sebstame about the coach bevies parented it through and through near the 1 calf, lacerating the terid , us and blood vessels se much, es to pet his life in the most immiurut danger; and Dr. Thompson deposit', that earn at this time he was not oat of danger, and that he thought the amputation of the lee most ultimately follow. Mr. JIMMY replied for the Defenders, and called! three witnesses, who tratierowy was intended as a eatigstion of design, sad wrist to prove the fact of the Poneer reciting the cinchona to pass the gig (by which the overthrow was occasioned). One sheets stated that the accident °canted by the wheels piss. ing over a stone ; bet on cresaesemination, being asked the size of the atone, he said, At was sup size at ell. The Loan Cum Commissional slimmed ep the case with his usual perspicuity, stating the bearings of the Padang en each side, when the Jury reined for a short time, and returned a verdict for the Put. ever.—Datesan, for medical espences, 2001., and for solation 10001. The trial lasted nearly eight boats. A shock of an earilleake was felt es the 6th inst. at Outmode, in the Department of Loire inferieure, &boot west in the synagog. It appeared to be in the direction N.N.W. sad was preceded by a poise simi lar to that of distant thunder. A sailor, who says his same is Jaw (Satires, and that he belongs to Hall, was leaded from • packet at Falmouth en Sender, god Wooed before ANDIUST Youso, EN. the Mayor of that town. lie stated, that on the 29th of June, 1817, he was walking in a field near Stockton.uponsTees, with a young woesin named Marian &ibises's, to whoa he paid his ids dresses ; and suspecting that she hewed another men, a dispute arose between thee, on which he drew a knife from his pocket and stabbed her under the left breast. On her falling, he led, and contrived to evade mash, entil he got onboard a vessel sod left the kingdom, from which he has bees 'West ever since ; bet being usable to support the horrors of remorse that constantly haunted him, he confessed the crime be had committed, aad resigned himself into the hands of justice. This is the story be Olt, but how far it is true it is Impossible at present to say ; he' has been committed to the county jail, awl his stile- meat transmitted to Stocktoo.—(Cernwail roper.) UTDROPHOIIIA•—Another fatal Justine.' of *Li+ alarming melody occurred in Sheffield on %Verities(' ty night, in the death of Joseph Newell, a m;iser, em• plo)ed ip the service of Messrs. Booth and Co., and formerly an apprentice at the Low-moor iron-works, Bradford. Th. deceased ass 20 years of age, sod recollects having beers bitten by a rabid onimi shoes 12 weeks since; the wound was in the thumb,' sad since presented an oppeuratire of being smell. — The trot sjimptosos of hydrophobia were r!;t1.1.).51 en Wednesday morning early, when Isis medical at. tendanta were speedily t•ossincel it was a c ! we, case. The quertii , y sit 'alias a hich flowed cv;•i test) from him irei4atoil every shill coiritioraus : d u tin c his indescribable auffe‘iulia, he retained a perfect per wove of wsioiLtill within tan hours of the flame of life being estinct, several times previous to ahi ch ha barked like a dog. It is sincerely horpod• that this additieual cove will prodore some 'Motor,. regula.' lions for diminishing the useless nen.ber of the ll iii e species in Sttellield, where they are SO IflisestionS es' to have become a very serious nuisance.—( • hr.ffieN l'arr.) • POLICE. Bow.yracrr.—Yesterday J. Todd, driver of the cart No. 120,740, was charged wish the following offence :—Mrs. Reid, of Hampstead, said, she was driving a small poney chaise, with her two childree, on the road near Jack Straw's Castle, when she saw the Defendant driving his cart near her at fall tret.. Fearing some danger she drew op to the ski. of the toad, but the Defendant, regardless of her cries, and the cawing), of several peeress walking on the road, kept his pace, &eerie' and singing, sod never attempted to Ode his berms. The conseqemsce was that the cart went against the chaise, °smarmed is, and the witness was taken to a neighbouring house quite insensible. By the evidence of others, the Des fondant was quite drank, and was riding on one we the horses when the accident happened. He waif fined 20.. and costs. J. Brett" was charged with breaking it. tini stables of Sir T. Bell, in Steven's Mese, Iteithbourro place, and stealing I articles of apparel end linen. Sir T.'. coachman amid, the family left toed on Friday evening, and did not worn till Monday, o hen he di.covesed that die males bad been brokeof open, and a new coat, a suit of livery, end severer articles of linen were stolen. A crow.bar, a hat, and a pair of stocking, were left in the stable, and{ on enquiry, sere ascertained to belong to the Pd. inner, who was a sort of jobber in the Sees Mews. He was folly committed for trial. IV. Riley, a lad, was charged with assaulting I. Leak. on the highway, mod stealing ill. from bte person. The detection of this Prisoner was sings. lady brought about. Ott Sunday nierniog, about seven o'clock, as the Prosefutor was walking over liamptteed•heath, he ••.• th ekeri deep by the Pri soner and t,4 others, grid robbed mi, the above sem. The r,. .rs Jk e 'it the ..jr.4 and ',sterile) , morning the Priyoillif 4 dat seen tastes.% op Bedford -street, and concealing se tithing ukase his coat. An Officer, sospecileg be had bees pick ing pockets, took him into custody, sad as be won bringing him to the Mice, Lesko met them sad pointed out the Prisoner as one of the men who robbed him in the manner described.—Tho Primmer confessed the fact, end nil committed. limoa-caloax.--Yesterday 11. OW, imam. mitte.lll.r stosliog a cost from a boos* wow erecting, the property of one of t 4• workmen at the buddies. Qucts•+tuAtc.—Mrs. Holmes, landledy of tbas flail Moon public-honse in Totbill•street, was cow. sicced in the mitigated penalty of 40s. for clandea.. 'inch ying a letter to a Prisoner is the Pesi• tentiary at bliilhank. Lassarrn STIILLT —The neighboorhood of din office was 'brown into consternodoo yesterday alto'. noon, by an assemblage to tite4emet of 3,000 ',tr. sons, which filled the street. It was occasioned by the constables, who haviag received private inform. don, apprehended lone resurrection men in the Com. overdid-road, cirqing some sacks, which proved le contaie deal bodies of men and women, closely pecked up together. The grave digger, his gen, sett three women, who were implicated la ibis horrid traniaction, were brought up Priseeers, lied toga• ther, end the constables had the greatest he saving them from the enraged nsultitede.—The soners were remanded. Yesterday, at noon, some villain fired a leaded market into ode of the first leer windows of the b oo s, of Mrs. Lloyd, a respectable widow residing frr Kirby.sireet, llattonegarden, not far from the Police.otice. Twelve panes of glass were broken. Fortunately the family bud jest retired from the room. An immediate enquiry was made, but the villain escaped undiscovered. The town of Sleaford presented ea Monday and Tuesday seek. a scene of bustle as4crfifetion hardly to be conceived, occasioned by a report that a woman who had been buried • fortnight was beard grossing. Numbers flocked to the cherchayard, and so firmly were many of the■ persuaded of the troth of the report, that they accost), applied to the Vicar foe permission to disinter the body, sod some remained shoot the grave until midnight. The woman's hes band, wiser than his neighbours, whoa applied to for leave to open the grave, refused, saying, it bad eon him so smirch to place her in the ground, that he was determined not to be at soy trireme to lake her owe again, and, therefore, desired his effiaoss friends to let his wife re4t in pence and quietness. Marie Jean Snouck, aged 40, residieg at Irmo, the mother previously of five children, has been delivered of throe more children, two males sail ens female: the first child, a male, was bore at half-past s►ven, A.M. the 29th ult.; the second, a female, ors the 30th, it half-past two A M.; and the third, a male, the same day, at three A.M. The mother and the three infants are akin* well. BIRTHS. •• Os the lida hat the Lady ••• It. Edleaos, jos. LA. of' Nast , Cheobire. of a daosgbt..r. 0. the IMb i 1104.. tle ho borer, IGllareu er -plate. Pomona swore. lady of W. ti. Joinaose. LA. ar a d , athler• lM the 1911sio.t. at his Mose, Martin- parade, Brighton, do Lady of R Calm. I:sq. of a son sad heir. Os the 10411 in. , . the Lady of Capt. Blanchard, of the lisa. Compaoy's ship Caroatic, of • en. MARRIED. Oa the 19th Inot. Mr. Grocer Ilaklsertelb„ of Great ay. le boot c.irect, to Miss Mitchell, of lienisn-niret. e•no" , "" vitt •te. Ots the 17th Inst. at Mary-1040~ ebereb. M. Thaws& C-9. to N 1... J .spe I.,tite. Dime I. the late celebrated Miss Pare, for wetly stf the 'ltheatre It.nal. Drury-law. Oa the Nth sag. at alary4e-beame 12sereb. Capea's the llor.ortable Itabctt Itadtwy. lio)oi Navy, brother to I o•d Itottor‘. 1.. ,oungettt slotted. r ard co-beims a the 1A... firma. I)euarst, Esq., at Leek Adieus. sa for Cutout! of %wee. Cl/Utt. 4 ll (11; EXCII. I I ilenv'el.l.4in. II 17 C. 6. Donn. at .40 , , 11 .4 A , ll•lrfaara nt Rotleidani. 11 18 Anivrerp. tlamt+nrs r..:5 %Unita. 10 a Dino, 11,inr.leant.•25 fr.not nn iheAL.ine, Madrid. 34 iti) 164 Seville. 94 Turst , tr, JILT IJ. lothern. 44 Genoa, 43 g 5.1_ 'racer. $ Naples. 40 Palermo. Ili per es• Lisiern I)portn, itse Jaarirs. 1/01.1.N. 16 I.er C..rk. Ili rer Croat. Agin d lb, lima& om Perlegal lir. IIL GolAin'taro, let nr. V.•w Malan, Stlvrrout Hars,stami..r.l s+. It:NDON : ms. 4 rohli4e.l Ily S. PIIIRT. at 1411 Walla, 4,. 4, %dab If) COM, ultc elft4.l. •