The National Register. — London, England, 1820-07-02 00:00:00

214 Imperial Parliament continued from page 211. had presented himself for a seat ; and inch person could have his option. Mr. SHAW thought the clause, if it were agreed to, aright to extend to Mc. Ellis. Mr. A BERCROMBY observed, that the two duti.s were incompatilile. The to islet's duty occupied tell iii the year ; how them could he properly attend his duties there. On the part of the people of lreLtnA, especially the suitors in Chancery, lie asked the House to agree to the &notion. Sir M. Ii:OLEY said, the ends of justice would be pr✓- motid by supporting the motion. Sir F. nu XTON risked, as the Noble Lord had said that the two duties were incompatible, whether he was prepared In recommend Mr. El,i.'s dismission I the Master of Cbaneery's office, in the event of his helm; returned for Mr. CANNING observed, as Mr. Ellis might he elected. and at the some tone anxious to reboil his 'eat, was the mere eircninstance of holding office not before deemed ex ceptionable, to disqualify Mr. Lllis. At least, Mr. Liles ought to have the opportunity of acceptio4 the scat and resigning , t he office, if SO ar.) Sir J. NEWPORT wished the recomnieudation to the Committee to be so worded —(11our.) Sir G. HILL thought it would be hard to affect Mr. ENts's election by this proposition, as that Gent•eman was completely qualified at the conieteacement of the election. Sir J. M ACKINTOSH considered that it was monstrous to think clan individual so circumstanced being qoalitied to Kamm both duties. According to Mr. Lllts's own testimony, he could cot ahead . the race and his seat al Prirliament. The resolution was agreed, which of course only extends itself to " future" elections, where Irish Masters iu Chancery may-become candidates. The Aliens' Regulation gill, the second reading of which stood fur this day. was postponed to Monday, and the rwiters of the dry Intriug been di.posed of, the Mouse adjourned, FROM TUESDAY NIGHT'S GAZETTE. BANKRUPTCY SUPERSEDED. A. Evans, Bramscomne Port, Gloucestershire, broad cloth manufacturer. BANKRUPTS. Wfflis, Carisbrook, Isle of Wight, fellmonger. Solicitors, Messrs. Sewell and Hearn, Newport. ,Poetsane, Cheltenham, victualler. Sol. Mr. Meredith, Lincoln's Inn. T.'ltagnall. Birmingham. roymaker. Sops. Mesas. Egerton, Norton. and Chapl n. Gray's Inn Square. C. Dunkin. Shad llama, Horbleydnwn, lighterman. Sok. Matra. Sudlow and Co.. Monument Yard. J. Martin, Liverpool, merchant. Sok. Messrs. Adlington and • Gregory. Bedford Row. B. and G. Crasher. Birstal, York, carpet manufacturer. Sol. Mr. Evans, Hatton Garden. W. Mee. Market-Harborough, Leicestershire, spirit merchant. Sol. Mr. Symonds. Barnard's Inn. W. Wright. Bellbroughton, Worcestershire, immerser. Sok. Messrs. Consteble and Kia. Symond's Inn. T. Carr, Cherley, Lancashire, ironmonger: Sol. Mr. Rother ham, Tbrornovion Street. 1. Peake, Rose Hill, Shropshire, miller. Sole. Messrs. Baxter and Iliswleer, Gray's Inn Place. DIVIDENDS. July It. C. R. H. Bailey. Swallowfield, Wilts, dealer—l. G. liasdiaty and J. Cowing. Bedford Court, Covent Garden, woollen drapers—Rß, J. R. Brown and H. M. New, Poultry, stationers .-18, P. Deakin and J. Oughton, Deritend , Warwickshire. wire drawers—U. J. Young, Crinkle, spirit merchant-18, T. Baker, Rochester. drape'—lB. J. Baxley. Old Broad Suter. merchant— is, H. White, Warminster. Wilts. linen draper-92, J. Wyatt, Hinckley. Leicestershire, baker- 1 7, E. H. Wilson and J. Westmorland, Liverpool, spirit merchants-99, W. Allan, Thingnsoiton Street. barauance biker—i;s, W. Taylor, Durham Street, Strand, tavern keeper-0, F. S. G. Muuk house and A. M. Gorman, London, merchants—el, J. and W. L. Bryan. Grocer's Hall Court, printer—Rl, G. Waddington, Blackburn, Lancashire, factor-IA, J. B. Yates, Shoceditch. pewterer. CERTIFICATES to be granted July IL J. Spencer, Makeney, Derbyshire. nail manufacturer—T. and J. Danvers, Cooper's Row, Tower .Hill, me chants—R. Coney, Strand. plumber—E. Dixon, Lamb's Conduit Street. haber dasher—R. Oastler, Hanford), Yorkshire, drysalter-J. Jon es , Liverpool. merchant—W. Fear. Bath, cabinet maker—J. New ington, Tunbridge, Kent, farmer—T. Fisher, Liverpool, master mariner. LAIV INTELLIGENCE. CDI:IIT OF KING'S BENCH, FRIDAY, Jowe 30. C it[Y. CON.—LORD CLERAWLY V. BUM This was an action brought by Viscount Clerawly, an Fill nobleman, against H.J. Burn, Esq. a Lieutenant 1 , : Cite loth Hussars, to recover a compensation in da cr7iges for criminal conversation with Ludy Isabella, the wife of the plaintiff. It appeared that the Lady was V. :.teen or fourteen years younger than the plaintiff, and tray lived happily together, front their marriage in 1803. t , •• to 1818, when the defendant was introduced to Lady 7,..bv!1a at Amiens, in France, where.the plaintiff went to re.ide upon a plan of economy. The plaintiff, who was a Member of Parliament for Duwnpatrick, left his Lady occasionally to attend his Parliamentary duty in Eitgiand, and was absent six mouths or more every year. In 1816, the visits of the defendant, who resided at Amiens with his mother and sister, became frequent. lir came, staid the whole day, and sometimes rode out with Lady Isabella. On the return of the plaintiff in ' Nay. the defendant ceased his visits, and Lord Clerawly aid his Lady appeared to live on good terms. In Jann e - y, 1817, Lord Clerawly went again to England, to atlend a general election, having previously removed his Lady to Versailles. During his absence out that occasion Lie adultery was committed. The defendant was seen is a situation in the garden which left no doubt of the erin.itial act. Ile was also seen sitting in bed with the Lady, vt ho had unbolted her door to let him in. In 1 8 18, Cicrawly stood at rite general election fur Down. patrick, arid did not return to France till the summer of that year, vvhen a communication, made by a faithful aecvant. named Theodore Lorenzo, respecting LIM,- liariiies which had passed between Lady Isabella and etc defendant, induced hint to remove her to Havre de 4Qrece, whcre letters fell into his hands which left no 6uUt of the tritnit,al eonnotion of the pasties. Au • - It WIIE RATIONAL REGISTER: elopement wariht result, and ,_ she was Well some time . ...., . after in Parts. . The fact of the plaintiff having lived happily with his Lady up to the time of her sedw.lion by the defendant, Was proved by Lady Amu Maria Johnson, the Noble plaintlif's sister. The letters of the defendant were read. They wrie wriitt-it iii tae list passionate style. lie threatened to kill both the object of his affection and himself, in case she did not bring about a separation. — lie spoke of the plaintiff in disrespectful terms, and deserthed the protmmticatinn of a famous fortune-teller or Soft-ell-SS al Paris, named Madame de Norman, whom litionaparte, according. to report, used to coostili. This extraordinary woman, aceordinK to his statement, gave him to tino!erstand that the only obstacle to the 'lapin nest of himself and Lady Cierawly would be soon removed. The obstacle alluded to was said to be the plaintiff. Mr. Brougham addressed the Jury in behalf of the defendant, whom he described to Ise a young mail standing iii the situation of a half-pay LlCllleilaill of Horse. unable to p v large damages. He comended in hireable terms that the plaintiff hail left his Lady exposed to the shipal.la s t m u ci,,, lL flts lime absence at diderent perinilh wait cektilated to defeat his claim to large da maces. The Jury retired for half an hour, and on their return found a %erclict for the plaintiff—Damages, 1,5001. COURT OF EXCISE, JuNs 24. IMPORTANT DECISION TO LEATHER FACTORS AND our IRS Mr. Mille' Plater, an extensive leather-dresser and seller, residing at Na. 237, Bermondsey Sire, t, was ch.trued wi.h hating in h s ptlssessiuu 548 dressed slyer!, skins without stamps upon thciii, against the regoir Innis of the Act of the 47th of Grow M. whereby he had incurred a heavy penally for every skin su found in It's possessiou. This was a question as to the liability of a miner class ol traiksincii to the uperatiou of au Act of Parlia ment that authorises °dicers of the Excise to search the premises of certain branches of the. leather trade, 31111 setae skins found without stamps. The dectf ion 1111011 this case wes awaited with great anxiety by that oppu lent class. Samuel Kidd, a Surveyor of the Excise, stated, that he went to the warehouse of Mr. Plater, in company with brother officer, to search the premises for unswayed skies, Mr. Platter was for some tune in doubt as to the right of the Excise to search his premises. Under the production of the warrant, however, he allowed them to proceed. They were occupied during the whole day in examining his stock, winch consisted of nearly , 12,000 skins, out of which they seized 548, with no stamp to denote that the duty had beets paid upon them. Cross-examined by Mr. Wilde, the Counsel for the defendant. There were 42 skins of the •48 on which he was in doubt whether they hail not been stamped.— The stamps might sometimes be effaced by the operation of dressing, which was performed by the defendant.— There were nearly 3000 undressed skins, amongst which they only found iour without stamps. Mr. Wilde addressed the Commissioners at consider able length and with great ability on behalf of the defen dant, and afterwards called, James Radmau, a journeyman in the employ of Mr. Platter, described the operation of dressing the leather. The skin, in one part of the process, was stretched with great violence over a scraper, and in this operation it was impossible to avoid tearing off the stamp which was affixed to the unsound parts of the skin. The best worbmen could not avoid it. The witness produced a bag full of fragments with the duty stamp on, which had been torn oft from the skins unavoidably, and which were, no doubt, belonging to a portion of the skins seized. They had, since the excise had taken this course, tied the stamps, which were accidentally torn off, to the skins to save them front seizure. _ --------- Mr. Lavell, who had been a leather•seller for 30 years, corroborated the testimony of the last witness. A gendeman proved the circumstance of a stamp having been obliterated from a skin whilst being exa mined by the sutveyor. S. Ellis a servant of the defendant, was called to prove that Mr. Plater bought his goods of the leather-cutter factors. Mr. P. Duncan, Mr. D. Bligh, Mr. 'l'. Shipton, stud Mr. G. Stevens, respectable leatiter.factors, were called to prove that they supplied the defendant with leather in the fair and regular way of trade. The skit's mostly came from Scothittl, and went under the survey of an Excise-ollicer before they arrived into the hands of the leather-seller. _ _ Mr. Shepherd on the part of the information, said, that the words of the Act of Parliament were peremp tory; they were—" That no person excel): 3 tanner, Laver, or dresser of leather in oil, should he allowed to have any skins in their possession which were not duly stamped, on pain of forfeiture and certain penalties. If' the clause did not apply to the present case to what case did it apply ?—The skins were protected on the premises of the tanner, and those under the immediate survey of the Excise. It did apply to somebody, but the clause could not operate against the retail dealer; and he con tended, that to protect the retail dealer, such men as the defendant ought to be convicted, as it was their business to take care that the stamp was not erased. The Learned Counsel concluded by coultnenting at great length on the testimony adduced. The Court, after some consideration, gave judgment against the defendant, and condemned the sktns, with the exception of the tin which were doubtful ; but they mitigated the penalties to the sum of They said, that if it had been proved that the obliteration of the skins was a mere matter of accident, and not of care lessness, the court would only have condemned the skins, and have forborne to inflict any penalty. Tim healing of this case occupied the cowl, which sues crowd e d by petsons interested in the question,- sum hours. .. . . SHERIFFS COURT, Had LiooSqwtre —4l. CAPT. PELLRW, R. N. V. —•—TENANT, 55Q. Mr. Bailey opened the pleadings in this case. The declaration charged, that the defendant had seduced the wife of the plaintiff. The defendant had suffered judg ment to go by default, and the jury were now impau nel led to assess the amount of damages to which the plaintiff was entitled. Mr. Gazelee stated the circumstances under which• this action had been brought, and proceeded to call wit nesses. Mr. Richard Cotter.—" I am a purser in the, lary.— I know Mr. and Mrs. Pellew. I was in England when they returned from India, in 1809. I went in them at Plymouth, where I was introduced to Mrs. Pellew: I visited them repeatedly at Lord Exmouth's house, where they resided. I had oppor ttttt ittes of seei n g them toge ther repeateally. I continued my acquaintance till 1816, when they went abroad, I thought they lived together most happily. Cum. Pellew was a most indulgent ' husband. 'I hey have three children. The youngest is about four years of age—a daughter. In consequence of some man tttttt ate reports, 1 stem to Ireland in December last; I saw Mrs. Pellew there. She was in the officer's apartment at Whiddy Island, near Bantry Bay ;she was at Mr. Tenant's apartments. Mr. T. is a Lieutenant in toe 35th regiment. He is about 30 years of age ; Mrs. Petit w is maim 28 • Cain Knew is about 32 or 33.—1. remained in Irelan d till last May. Mrs. Pellrw, when I saw her, was far advanced in pregnancy. I procured a ulnae ha her, whom she afterwaids declined having. She WMIIIIOIIOII to bed about the beginning of February. Ido not think Capt. Pellew had been in Ireland. If he had I believe I should have known it. Capt. Pellew was Captain of the Impregnate, at Plymouth, and lie reulaitied Mere Mr lii tan two years, when he attended isi• ParlialllClllary dates. Crii.exantinett by Mr Selwyn.—l first heard of dif ferences between Cain. P, Ilew and hi. Lady last March RN o )(Ars. Ihe sof trona Capt. Pellew of their separa- Will al t.. hs hark. lie told me that in conic (metier of iter ill itsnper they had separated. I did riot tsar trout (.aunt. Pellew that there was a formal separa tion in writing. it was Mrs. Pellew told me that. I never saw the defendant at Mr. leliew's in England. I never saw him till I sew him in Ireland.. Elansined by Mr. Biarchall.—Captain Pellew did not say to me on which side the desire of separation arose. 137.8 •atiie was then called, but did not answer; and the case fur the plaintiff was closed. NI r. Birchall, in summing up the evidence, observed, that it had been justly stated, that the true principle upon which damages were given in such cases as these, was the degree of comfort or happiness of which the plaintiff had been deptiyed. lit this instance a volun tary separation hail taken place between the parties. berme the defendant, for any thing that had appeared in I evidence, was even known to them. Here were none of those topics which were usually urged in aggravation of a defendant's conduct. There was no breach of friend ship—no arts to seduce—none of those acts, in fact, which were calculated to excite a strung prejudice against the offender. It was the province of the Jury to take these facts into consideration, and to give that ver dict which their own sense of justice might dictate. The Jury, after a short consideration, assessed the dansai k es to 2501. SWMMER ASSIZS, 1820. HOME CIRCUIT. Before Lad Chief Justice Abbott and Mr. Baron Wood. Hertferdshire--Tueulay. July IL at Hertford. Rues—Monday, July 17, at Chelmsford. Kent—Monday, July 24. at Maidstone. Sussex—Thursday, August 3, at l.ewes. Surrey—Monday. August 7, at Guildford. WESTERN CIRCUIT. Before Mr. BATOR Graham and Mr. Justice Burmugh. Southampton—Monday. 17th July, at the Castle of Winchetter. Wilts—Saturday. 22d Jul. at NOW Sarum. P on et—Thursday. 27th July, at Dorchester. Devon—Monday.3lst July. at the Castle of Exeter. City and County of Exeter—Same day, at the Guildhall of the City of Exeter. Cornwall—Monday. 7th August, at Bodmin. Somerset. Saturday. 12th August. at the City of Wells. City and County of Bristol—Saturday. 19th August, at the Guildhall of the City. of Bristol. MIDLAND CIRCUIT. Before Chief Baron Richards and Mr. Baron Garrow. Northamptonshire—Tuesday, July 11, at Northampton. Utetlandshire—Friday. July 14, at Oakenhant. City of Lincoln—Saturday. July 15. at the City of Lincoln. Lincolnshire—Same day. at the Castle of Lincoln. Town of Nouingharn—Thursday, July 20, at the Town of N t • tingham. Nottingham—Same day, at Nottingham. Derbyiltire—Saturday, July 22, at Derby. Borough of Leicester—Wednesday. July 96, at the Borough of I .eicester. Leicestershire—Same day. at the Castle of Leicester. Coventry—Saturday, July 29, at the City of Coventry. Warwickshire—Same der, at Warwick. NORFOLK CIRCUIT. Before Chief Justice Dallas and Mr. Justice Holroyd, Buckinghamshire—Monday, July to. at Buckingham. Bodtimlshire—Thuraday, July 13, at Bedford. Huntingdoashire--Saturday, July 13, at Huntingdon. Cambridgeshire—Monday. July 17, at Cambridge. Suffulkl'hunday, July 90, at Bury St. Edmunds. Norfolk—Monday, July 24. at the Castle of Norwich. City of Norwich—Same day, at the Guildhall of the said City. NORTHERN CIRCUIT. Before Mr. Justice llaily and Mr. Justice Park. City of York and County of the same City—Seourday, July 15, at the Guildhall of the Mid City. Yorkshire—The sane day, at the Castle of York. Durham—Monday. July 51, at the Castle of Durham. Town of Newcastie-upoa.Tyne, and Canty of the male T0w...- Saturday, August 5, at the Guildhall of the seine Town. N orthumberlaud—The sawc day, at the Castle of Newcastle . upon Tyne. Cumberland—Saturday, August 12, at the City of Carlisle. Westatorlead—.6aturday. August 13, at Appleby. • Laueashira-Wednectlay s A.gust 41,, at as ComAlsoot Losonstx • - ....~~ _ .~ ,