The National Register. — London, England, 1819-06-27 00:00:00

L 4W lAI ELLWENCE. C01.741T 1W KING'S SENCH. uuansr, h ose VI. Mr. Chitty, pursuant to permission, mentioned again his ap plication for a win of aavidaarthe conuni.nding the Acting tlinrchwartleas of St. Ar.drew, Itaibern. to bury the body of a female whit ( h they 141.1 retus:d burial becrute it was iit an iron eoff.n. The Learned tonna.] said. 'he thought, upon locking to authorities on the aubjectr Ike shoots{ be abler.) support his appli cation. Hs hitt called the attention of the Court to the general principle on which die .iudges bad invariably granted a It might V.: dirociril to any body of men or ir.dividual holding an Alm. and seas to be used where law afforded no Tromp - sod specific remedy. Ml...tool:se Beau . ..ell it he was prepared to make out that the Fceleeist,ricatiaatit cod,l not :dont a remedy. Mr. Chitty said he could thew it *as insufficient Ile adverted to the cite of the bishop of Exeter. who. some centuries ago, i.e. , : served with a to:: vela iv ss, canninauding him to administer the losiy MI at Me baptism of an infant, winch he refused tv do. Aho the zueef the King. v. the Dean and Chapter et Trinity College, Dublin. It was there down that a ovoilatirm.t might tie to a Kiehop to ukelele( a peryon. lie next contended that a pi r.on. be the custom of Itnylual. might be buried in the th unit yard or the parish where he was born, without paying tar Ite:ok tng tl ie ground. This wa, Sound in Cogy.it's fiigeat. undyr the wted--I,ClTlttry. Mr. Justice Bayley—tt It may be right to bury a body in a church-yard. but not rilht to bury its iron. The consequence would be . if every body was Itheitsl in hon, which will not soon adeetty, di,r the Church-yard would not be large enough and those a bodied last would he cat-Nati' from the right you contend for. Yen are not bound to bury in iron oelins.' Ai r . chi tt y m id, it as i stimuoa to bury in lead eoilins, which were as tit:table as hoc. In fll4 - ale instances men had been bulled :n armour, and dug up one hundred) cars after. Sir. Justice Rayley.—.s, counting to your argument every body to Jame that privilege. Really this is a subject f.,r the am ide .atirrn.,fan Ecelesia.stical Mr. Chitty dint remarked. that his :tffidavit de:lared. that the lefendant: would hare buried the body tar lot which proved they did not rest the rightto burial. The Itishop of I.cialon had de clined intedering, aid recommended burial. but thc Church wardens &Mt no. e will insist on baring the Cnureli.yattl dues. They could not compel the Rumor, if they had one, to bury the taaty. Hy the Csronlaw,the refusal uf s Room, in hare a body was punished by being suspended three months, and if he chos'e .10 submit to that ptmisliment the body might remain abovegrould tier a century. There woe no !peciiiz remedy. unless: the Court granted.* eneovivrroes. He added, Celt a decent ceneidevation of this question would, lie bud 1.0 thmlit, aftind satighetion to the public. The Cki.ritistice was of the opinion he expressed on a Comer (a:cesium n.unely, that a Court of Law could not Marine in the uattyv ; but, in ordiv to ahead full diaciosion, Mr. Chitty was :slots ed a rule to dies , cause. LlBlA..—Watear r, Ha'e. Mr. Adams obtained a rule to thew cause why the pica should not be witl.thawit, atici.t!u: defendant plead do anus,—it sly. an action hi said, for a libel publithed by the defendant in Cobbetes lieginer. He first pleaded the general issue. but having re. centir remised the at/itlscit.of Mt. Wm. f °Wien, trade at New elk, in America, in witich tadavit he justitied the libel, • die d fet.d.u.t-a as desirors.cf pleading a general 5u Aid...at:on. The swore. that a book of accounts, made by the plaintiff; 4veli talac and fabricated.. MonntS r. HUNT. defs:tdant in-this case obtained a rule, calling upon the Vaster to let tett his taxation of cost,. Lan' .4:4D 011111:RS. COHNIGI,IGSEItS RCY'l'i. Mr.Bruce.the Army Attent.applieil to the Jadgee ape !) an mended atfidayst, and ~,,, ved the Court 6t , t to orde r him 5001, out of Nagle ItJtl been withheld under a Commiscion of 114111.ropt impropei It, a. be issued against him. tie st.t!ed 111.1140 m to lie Itece.Aecy to enable Lint to cit.!! y ou torwectitioa. comirciell %%jilt lux bank 'spicy. and s 4 hid, bad been Hilt tett for frit:l its *al lit %retool req. r , t Ma., that tht. Collet would pu4tpoite the Ilial ut the said sit‘i.eeistion, its vuo-tvietice of the itil.'llCe of Iwo matus jai aitoassca,twte ul *horn les:Amu( the ;Netheu Mr. 'twice adalu . essed the Casrt at consider:del* length, stating that he Ltd applieA tti the N tve• ChaticrUot for the g:lowance he sought to oksw by this applieation, and that Lis lininuoi 114,1 wade 110 other iu his rayon,. The Ciiert, alley hearing all he had to say, intimated, that they had no power to grout the motion. The ropt's application was ussliing more than AM appeal against the Vine Clsencellou's il«.isiur, which that 4.; -I could. rot entertain. They 114(1 Its 1,0%1 r to outlet him at e respect to his absent witnesses. both were out of the jurisdiction of the Coett. Mr. Brume mast have koown lung ago, that the proaecutiom. woind co-easion some expene., :ion: that it Mit too late just as the same 14•11 e to be tiled, to 4ay they could not he t.titittot tett it hoot a supply of ))))) Hey. The C4siirt could not keep a 114us.cioiuti for pespiry hanging over the bade of the w•fecla it 4, who: were anxious to go to trial, and hind/carte tit. II 011.11•14.1. Mr. Brute took nothing by his application. Tussesnac,Just: 21. heruirethe ('ba•l J . lll4tter.and fireciel Juries. Tit Itiog nn !lie uir.• olio.. 41e.eaudet Bruce, v. DyPaley, LIM'. 8) rOlieldr.V. . . - . -- The ti:4l of itutp•twen b agtelust the defendants, l'i/U as-Conimis.liuner. 114151., opt, for perjury, was pv9 • posed. THE lith43 V. 1111.1.1\G .0.11 OTIIIOIIS. This wee In diurcing .41 r. llilliol(,with wilful and corrupt 'writ', y. in mu/king au ntlidavii io wank spAen by Mr. Alesandrr fli - sice to the Conuoksh.uer•, before whOill he lista eaniniued as sr Winks apt at Guildhall, eis?ialordaiy,. the sth of December. It appeared upon t h - investigation of pro%ceutions ►; tina air. anri 31r. Carter, Ul! Bluer, the bank • ✓apt, Laving a divionte Mini the Cutneit.siunert rr•pectiag itoetutten i.. the Lord Chnneellor, Which the.. would not *how him hi produce, chat gril thtlit vvitbb.t.inq received • Uidebtisie evidence and.sniproper aei z . His %%14 ds %%tic taken dulan..by Mr. Online and %nom to h the ilufrnil• attic After a lung istrectigatitin the Jury *copiloted me drfeaJants. valuta-, ariv 23. FR .11:DI:LI:NI IS AIL Ifet %lON. Mr. Onaiine opoo-ed f oe jtistiii.atiosi of bail in this rase. Oae iit Ilt , itt sus. Charles VI witatuith, of ,Nn. t ad , to tit•• ('ount) .of surrey, tobacconist. The. stetson on Is in; 9n . stiuned by the Lenri.ed toonsel. stated, t;tat he toil te t o a baiikiiipt. but that the rntntnisaion •Iguin , t him had bees over...dud. he basis.; pa'd t? 0 ,.. in the pound pt Ili! fltwttetorit, with the et , eptinii of Cause Wins had proved debts *Loeb lie cainidered fraudulent. On int pie-sed further, be stilted bit ground, asul said be Lit mut been u bucktept, Tim NATIONAL REGISTER. but that lie had tales' the benefit of the act far the relief of lambs:at De Mors, iii respect ot'one debt. Mr. Pollock here int:irposed, us amiewicurix, *ail obser ved, that of his own knowledge this num bad brew di SC barged omit r the act, and bad been afterward; piusocuted for a frond ; t 4 hieb pivwcutioa be ciwal ..... Ilibt•ii,110011 molt-nuking to pay the debts of those who compLiii .il of the qui, which they had sustained. Suiaiitaueut prOce:•Jilio were taken itgAt 'Net 111111 01)041 thNi 4111deriiikillg, and h- Oleo pleaded the Grim nal prosecutioa lu bar hi the aeons'. Mr. Justice Hem mid, that the iinpropi r conduct •f mil Pcci•nn %11l a Arica'''. hard.hlii UllOll the buttors of the Coat. lei the first place, they were to be :et the expeoce of oppioiog obeli of this description, and were then to be ex posed tsi the cost, of prosecuiiiii them for their miscondoet and deception. It was high time that u stop should be put to such practices; and, therein' e, in order to mark foe sense of the Court °lithe tbre.eut occasion, and to deter others from endeavouring to decease it in future, he felt himself bound to order that this person should be immediately committed to Newitate, and that he should remain there till the last day of the term. COURT OF COMMON PLEAS, GUILDHALL. GREENWICH it DEPTFORD GAS LIGHT COMPANY. Lit PD:CINI, AND OTHEIDI, IMMO, BIND, AND ESEDIAIk; YES. When this trial was called on. Mr. Holt rose, and mode an applications to the Court that it might he permitted to stand of ei on seeennt of the absence ofMr.Seij. Hallnck, who was tetaiewd for the plaintiff, but was then unable In attend, io conxequeuce of an eugagemeut iu the Court of Kiuz'a Bench. Feseinueyer.--My Lord, 1 Lave already been brought up to. lee From +Ulu tines' er.hil e uu this at3air , And I Wee expended upontds 011;01. in it. 'tie chief-Jubilee.— IThtt %%ill, of course, me your ow is COUVellittnCe.— SI re,etiuso cr.—Then, toy Lord, I Jou rr that the trill do now proceed. Mr. Holt then went on, and stated it to be an action of Deepens against the defend4lll4 for re )))) ving aid taking away a quantity of irou gaspipee, to the amount in value of 5001. and 41 po mirth, from the premises of the plaintiff•. The plaintiffs were, Mr. Dia', Mr. Piceini, Mr. lii rhardsuu, arid Mis. Thecrelosia White, all shareholders iii the Greenwich and Deptlited Gas-light Company. The vleifendaimis acre, Mr. I)tisco,an officer of the Jlarshalst a Could; Mr. Stephen . 11ittl, an auctioneer; and Mr. Fes seiner) er. The eircumetances on the present aetion at ose were these;—Mr. R. Dodd, an engineer, icablislied some time ago a joint &lock company of pro prietois, called !..its Greenwich and Deptfoi II (ias light Company ; mid was employed by the C , mpany as their engineer and principal surveyor. In the fintlirranee of the work, a piece of ground was taken at Deptford, upon which docks and other works were constructed; mid a large quaiiiii y of iron 'nor'., fin:tidied by a foundry in ntallordshire, were depoeited upon tlw 'netnews. Shortly after.leswe ye r,eisme the defendants with all eXt4CII6OIIIIIIIII the Mai slialsea-court, issued against Mr.1)01141, at the suit of the defeerdatit Feveioneyer, and swept a way tIIe whole of Thew iron pipes. the 'property of the company, to the amou n t ash 4001. aat4l which they sold afterwards for half the uncut . Ile then called Mr. Ralph Dodd, who stated I ttttt self to he all em;iiteer of very esteunive practice; aed deposed to the facts as stated by the learned eouotel. He added, that the es crution tinder w1,i4:11 the property of the ! u company had been taken away, was isseert against himself only, at the rilit of the defendant Feeetwateyer, with whom he hail ali " usoctileil aceotilit;“ but that he himself had no int. rest whatever ill that properly, tieing merely the eisinlovid neent of the company. one.esatuterel by Mr. Sergeant V sualian.—Pray. Mr. Dodd, ei ill you he Lauded euoogh to 1111'01111 113 a k ether or riot diet e air any other ehare•kelders of this 3111141 ( )gas ..41;a0/1113 Uf yours besides the plair this Not that have ~aid their subscriptione. Oh! bet when a man se n se' ib es to a joint stock company, quo know he wittertakes, and no doubt yuu hai r a long list ut these subscribers Muria yoit These ate.ci stay other entree. rs; but, as I said berme, they have not paid ally mon. y upon their 11111111111. IV a, butt, Mr. Dodd, we must have a better answer than this; play be candid now, and du nut deteriorate your own company thi•as ay c—Then there are twee of the, sort you mean, that's the hest way of shortening lisp Cl3e. Will ,uu swear that no re aii• airy others %--No. I sill nut; bat at the• same time I will am swear there we no others Which do yea call the principal among you r —Why. in the cotenne.sie.aaent of every concern there must be a principal, and I W. 141 the principal in this. Whet! did ;nu cease to be eu r-1 consider myself se still; but nut in *Lis action though ! You must bear that in ) Pray. Mr. Dodd, be knal enough to inforni us who, and what, is Mrs. Theudoeia White ! (Here the Chief Justice iesktil whether there had not been severed modems nestle in last term to ascertain who this lolly was ; and he was informed by the counsel that there had, but Indent, without success.) Mr. Sergeant Vaus;luve repeated his question t Who is she. Mr. Dodd r—Why slieekit widow. And then and where slid she authorise you to put down 21/ shares in this company in her name ?—ln ruy own house. Del she give you any authority in . writing %—No ; 1 asked her to subecribe , and she said Ltinglit put her down for go shame, and at the same she paid a deposit of 3 per cm:. Will you swear that ?---No; I will not actually swear it. What will you du then %—Why, you see there had been money transactions between her husband and 11111; anti I believe I owed hint about tool. !Do you mean to tweer, Mr. Dodd, that she ever paid one farthing to this undertaking of yours ?— . lliere was money which I owed to her husband, and so the deposit .wee charged to that account. I lave you any 110C1.1. burnt W slaw this money nuncio-eon %—No; l have uu docu. merits. Then it appears that she neves paid, one farthing to it, nor ever put down her name as a subscriber ! Witness made no answer. .\ nd nosy has Mr. CAristoptice Ilicharthrin (ano ther of the pluintiffk), in point of fuel. either paid or put down his name !—Why, there was money I owed him too.—We duds am to know what you uwe, Mr. Dodd; you may he in debt to all the world fir aught I know.—l beg your pardon. sir ; I al. eats paid every man all my life. It s ee ms, however, that you had not paid Mr. Richardson ?—Nn ; but then I hadgiven him credit for the diem in this company ; and that's the same thing. you know. Ito ;ou nut knout, Sir, that Mr. Richardson returned your shares, and refused to receive them as vane for your debt ? so, I do not; 1 seta them by my WWI to his attorney; and I understood he received them. Now, Mr. Pectin, what i. he He is a shareholder, and is, bodes, a pro letup 'e sort of secre tary, or clerk to the company ; and he receives Iris instiumione from me. Can you tell used one perion who ha: actually tiers , t oy part in the wit:mating. excepthig yourself I , —Oh yes there are meny geroltinen at Deputed who have taken great pains about it ; but you know n• person but an engineer can tic tionjtatrnt to do much in it et preset:. The plaintiff, Mr. !licks, has often isaor down and Inektel at the wor!ts, the same as any other gentlemen might. Looked at the works! and you call your superb soa-light company, do yon, Mr. Dodd r Upon toy JUNE V. --- ----- word it begins to burn very blue (tau irbter). Were not then ton pips placed on that ground at Deptford by your order No, they were not. By whose order, then, were they placed there ?—I really don't know.—Do you not know that they were claimed and taken away as your property by the defendants Deism and Binl, fur money that you owed to Mr. Fesebnieyer ? —All 1 know is, that the man there (Mr. Faenmeyer), to whom the Company did not owe a farthing. saved my son with &Chan cery writ, and took away the property ! Du you not know that Pieria, your secretary pro lezeizxn e. told the defendants that the pipes were your property, and tiley must not take them away ? Oh dear, no! Ile would have been very faint) to tell Mein any such thing. Now, Mr. Dodd. did not you sell die clerkship of this soppustal company to this Mr. I'iccini fur 450!.?—N0; told him if he would take a e--itain number of shares, my in terest should be used to procure the clerkship for him. And did he take any chants as )out call them ? Yes, he did ; and paid the money for them too. The roceiptt for 250 L ar e i n (limn. in deed ! and pray where did you meet with Mr. Ficcir.i ?—Whv, in all new undertakings there must be allurements held out to the public ; and so a secretary was rulverusal for in the newspapers. Aye, and so you allured Mr. l'iceiai by your advertisement ; and then you nse him as another allurement, or a sort of decoy-dud:. as well as •asm. pro tens" (The witness was very angry at the tam " decoy-duck,' and appealed to his counsel for protection, but in vain.) This transaction of taking away your pipes threw a damp upon the soncem; did not it Mr. Dodd ?—Yes, certain • ly. Aye; and it will go near, I presume, to put the gat out en tirely. Cross-examined by the defendant Fesenineyer—When I call ed at your house, Mr. Dodd, did not you give me two Stuart's of 1251. each, in this alleged company. in oianderation of a sum of money which you owed me?—line the witness begged to ex plain to the Court that he had owed Mr. Fat MT:Yet 4 little nio ' ney ; and that on the occasion to which lie alluded, he came into his - house in a finisits manner, and asserted, that if he did not instantly pay him, he would take hum before the Magistrates at Bow-street, and charge him with having robbed him ; and that. intimidated by this threat,lic had foolishly given hint the two *hares of which he spoke. The Chief Juatice.—And when he haft your house, did not you humid - at* go to the Magistratet, and complain that a person had come into your house late a foram and had extorted money from you ?—No, my Lord. ClOiS examination continued by Mr. Fescorneyer.—Did you not tell ton at the sante time. that you had employed Mr. Short, a stockbroker. iu Threadnalle.street, to sell to shares for Mrs. 'floodobia White, and that inabout 7 days you should be able to pay me the remainder of what you owed me, out of the proceeds of those shareo—The witness did not return any direct answer, thought the question was repeatedly . put ; he replied merely by attempting to describe the manner in which his debt to Mr. Fe ienmeyer had arisen, but the Cotart would not listen to it ; armlet length theChier.lustice told Mr. Fesenmeyer, that he thought he might spare himself further trouble. The witness was then cross-examined by Mr. Sergeant Onslow ; in the comae of which he said, lie did not know where Mrs. The odosia White now lived; nor liad he seen her for the hut six months; neithcr could he say whether she was still living. 31r. Barley, the Attorney fur the prosecution. was next called by the Court, and asked concerning this lady; but be had never seen her, nor did he know any thing at all about her. A number of other witnesizes were afterwards examined. Among others, a Mr. Edmonds. landlord of the gravid front which the pipet were taken away, who had let the ground to M r. Dodd, and always considered him as ids tenant ; he knew nothing at all of any of the plaintidi, except Piceini, and he beard him say he was very much disappointed in this speculation, anal that he fearel he should never get his 2501. again. J. Wnlbv, partner in the house of Bankcs and Co. imnfounders in reutriirdshire. proved, that the pipes were ordered of them by Alr. IJald, on account of the Greenwich and Deptford Gas Light Company. lle knew nothing of the existence of that company, however, nor had lie ever implied for parnietu : the pipes were charged to the Galway he beliered, but he bud nut his books with him. When the evidence was concluded, Mr. Sergeant Vaughan spoke at some length, and concluded by observing, that the title of the esitlbe should have beep '• The Greenwich end Deptford Gas Light Company or a net, way to Fety old el‘ bts." fhe Chief .14:stice told the Jury he bad no doubt their !Mr.& had long been made up as to "horn the property belonged ; u r.d they instantly found a verdict for the defendants. COURT OF .CHANCERY, SATT:RDAV, JVIVE 19. pier Nettie WA LER V. GOltn LIVERPOnI.. The Solicitor General row to submit sr enetion to his Lord ship in this cruise; o two he was interrupted by Mr. Jltrrtiu, who oloweved, that perhaps his Lord..hip would nit be troubled se kir tike risotto!) at a I, it it o.is :allowed to isteoil over for a few du3s. lt was act ordingly ordered to bland over. TIIE I•ING, 0% TIIE RELATION OF THE ATTOENEY•GE. FERAL O.IIIE CITY OY LONDON. The Lord. , chancirdor nn a former day rnisited an Injunc tion, on the application of Mr. Wetberall, to resttaita the defendants from electing a wharf and embankment on the shone of the River Thames. at Milbank, on the g. amid that it.wooid be a great pisidic nui,ance, and ohqstut the free pits...are of the r. Vl' r. . _ Mr. Horne noo moved ths• Court to delimit • the injunction hods in support of his snot ion, read the affidavits of Mr. Net, sou, the deputy wa:er bailiff to the Corporation of London, and several svher individuals, the contents of n hick vent to slew, that the u hart intended to be erected %soul& iscsissasi of ofierieg any obstruction to the navigation of the river, bit. prove-it, and be a mailer of consideroble convenience to tbe owners of the crafts on the river. The Lord Chancellor, after hearing Counsel at consider able length on the goestion, appointed Tut day neat fur tic fiurtirdecicitrir of the case. CONSIST ORY COWtl', JUNG 29. CUREOUS sCIT.---I.OIID BAUM; V. LADY 11AWHIC. This was a proceeding not nsual in the Consistotial Coml. It was a jachition of maraiagr, Monett by the Higtit -Hon. Lord Hawke against Angtista Elizabeth Corti, calling herself his wife. He exhibited, in the first &stink of the libel, that his was in no way mars ied or united to this drfrisliteit, win in the year ltiOO, in divers places, fi.!sely and maliciously boasted that she was mar ried to land Hawke, whereas in fart no inch marriage was aoletnnizell between them, and being stetinnoned to cease boaitisig, she dad not obey. Lord Hawke, therefore, pia,. d it might he moved in that Unlit, that lie was fret , and in no way married to het ; also that she might be com pelled to desk( from boasting, and pay the costs of snit. Lady Hawke gave in a plea, by which it appeared that rise brats age Loral Hawke, who was a widower. Poi , ' I" adilres•cs to her, and consented to he unsorted. He weld with her to his Piortor it, Doctors' Commons to obtain a licence, and left her its the carriage. On his return he informs d her he had obtained a Special Lerner. The same evening the marriage was solemnized at his Lord. ship's 1101144: iu Psik-lanit. lie assured her it was Wiwi. mutt according to the rites of the Church England, by X 133