The National Register. — London, England, 1819-06-20 00:00:00

LAW INTELLIGENCE. CO".7HT OF lir:G'S BENCH, SATURDAY, Juict 14. CROCKER V. I'O'IIRM:3II.E. 1' was an important owe to tenants and land-owners.' It wu ar action brought on the act of the 11th of Geo. 11. c. 19. 11. It, •laltled to protect landlwels from collusion between their tenants an:l others, to put them cut of possession of their property. The a-, provided , that any tenant being scowl with a notice of eject. silent from premises which he held by anyone except his landlord. and giving up possession to the person serving him with such proccodings in ejectment, without giving notice; to his landlord, should thereby isehjuct bi:nself to torfett to his landlord three litres the amonn. of one year's improves' or rack rent of all the y.rernities demised to or holden by him. 'like defeni int, in the present CAW, held of the plaintiff certain preminos consisting of taines and waste land, and having been served by a person named 4:unninOsair., with a priices. in rjectimmt as related to the mines. and without giving any notice to the plain.iff, lie hit in the sheriff. and gave possession to Cunningham. Tile plaintiff, in .eonse gnome, commenced the proem action. la hie declaration, how ever. he only described the mines, and did not mention the waste kind : the Jury. however, found a verdict ler 4,5001. three Mites tae tunount of the rent of all the preiniou dianiied to or holden . of the plaintiff by the defendant. Mr. Jervis now contended, that this verdict could not staled ; the plaintiff must be bound by his declaration, and in justice ..ought to base: since the defendant had only given hp the posses aim tithe mines, the juoice of the ease would he met by giving Arm times the amount of rent paid for that pars of the property . told by hint. The Court, however. were decidedly ofepirtion that, under the • Aeon's of the act, '• all premises demised ir holden." the plaintiff .• vas eneiteed to nrover the full 1M1041124 e t three times the amount of ,he improved or rack rent of all the petunias held by him, and, thenthre, that the Tenho of 4.100. was right. The rale for 1:6V1 uial was therefore reviewed. let EsUS V. JURe 15. THE RING V. The Csamascm Serjeant seemed to tile a criminal infortna• 4 , itsi rlgilisist 4/ ern Roberts, a suraeon und •pothecary, at turnarvost. We mole the application at the instance , of a jamson named Kennedy, ateaard to Sir Peter Burrell. It appeared, trait Bulierts had been called to attend one of the .d.morrties in Sir Peter Burrell's family, and hi bill not 'being paid, a diapate arose between bias and K dy. Upon a tunday, a ben Kennedy was coming f u congregation of Juniper-, to a bleb religious sect he belonged, Mr. Roberts vivo Lim, and. used abusive language. The next day he n rote Yon a !micr o in which.be mid he was obliged to keep to a distance from him to avoid the Scotch fiddle, and though lie Kennedy, was a Serachman in a Welch town, be would give him Irish satisfact• . This was tout witi.into a clial• le ice to tight a duel. and ,hr court with mord SC(' 01 dingly Hobert., it wastrUtged, carried pistols, and the deponent cuirddereil his life in danger. M r. .111 bi ice Itay ley said, there was no ground for a crimi nal Mira-motion. If Mr. Kennelly considered his life threatened, he might apply to the Quarter Sess.ona.—The aikplicatina was • e fused. IC KIN('. V.•CARLIIILL. The derendant . ;; in; up to plead to twu informations for profane libels, and an indictment fur a seditious libel pre- ferred 1:14 tern. Ite was tubed if lw was ready to plead, and he pat ma an affidavit statiste, that the publication on which the informa tions were founded, were the stoned% these on which former proceedings ageinst him were instituted. They were only z..Joptco Nom a swim hear feeling. :qr. Justice I.l.lyely asked it they were published at the same lime. . ....... . The defendant could not my theyirere published at the acme time; bu they were the same subjei t to a letter. Mr. Justice Barley said, they were distinct pnblicationa; and if he went on pabilAing, they might exhibit informa tions for one •u published. The defendant had been told on a former day that some finbear..nce might be expected in case he did not publish any more. Mr. Carlisle said, he could not consider himself euilty of an offence until the Jury found the pubh• ationntrensi.e. Mr. Justice Bayley uln.earcd, that be might feud himself mistaken. The ChiefJegtice observed, that kill time had been given to plead, and the court could give no more. '1 betlefeadliat then pleaded —Not (Malty. SPIIIIOIIT-U. OLIV•l112. Mr. Gurney moved fora rule to chew came why there should not be a ucw trial in this case. It nes an action for seductiutt, tried hot iiirn. Mr. Gurwey insived, 4111 the gruttud that the plaintif, who 14a, the father of the yowl, woman seduced, coo d not have been deprived of bee WI vices. inasmuch ow *be was iu IllE service of the defendant The Milt granted a rule In chew cause. LORD CNCRCIIILL ♦ %Mr. WILLI his moved for a rule to shoo came, why the weedset which had heels found in this cow stmt.! not be en tered for the defendant, on all the (owns of ti.' dechrat . This, Ise said, was all iiCtiflll (dr a libel, and the Jos y found - . that 'the accident happened by the furHous dtivininf the plaintiff. All the couiita of-the de. Walton charged the de fendant midi a libel A. of rind concerning the- said accident," which happened without furious driving. The learned atomise' cuutearled. therefore, that the Jury found fur the defendant nu every none; for they found that the accident happiirmd by the fur:uu, ;Living of the plaintiff. To fortify rho argument, he cited the ease of the IliTeg v. Dome, which was tried before laud Ilanolield. It stwoon.infro MR* con fur '.libel concerutag iris Majerty'is Duversiment, nod concerning the employroe.it of his troop. Ilse s.a.e. was removed by a writ of curer to the llou,e of Lords; and Lord Chief Justice De Grey. then said, that if the Jury , Guni that thee libel was not up its his Majesty's Government and the employment of his troops, 'the information was false. In the ;totem ease, tae detlaiation stated, that the siccideathiappeued *Wo't any negligence, default, fie fu ton:is deviling Quiche part of tae plainti ff ; and the Jury • bad found the furious driving, it appeurtvi that their linditi4 amounted to an retire verdict fur the defendant. 'I he lerutied.Judgeb it appeared to then' that the mord accident was used to signify the evciit that orcuried, Lamely. the colliaiun of the carriage,. The a lie l c a ti o a•ta the introdattory part of the declaration V. US a dieisibte al ,lle,;ation, and the plaintii*Lb not bound to prove the whole of his introductory matter. 9 he appli cat ion *as accortlini;ly refuird. FIIIIDAY, JUI.III 18. IRON COFFINS. =non after Mr. Justice Hulroyd had taken his seat upon Ow Bench this wornin:, sir. Clutt) .soved for a •unuanuu to be issued to the acting 11l i t sows of the parish of nt. Andress, Holborn, and the churchwardens and setton of U.:: dirrotSog them to bury We. tonne of Mr 6. THE NATIONAL REGISTEII. Gilbert, lately the wile of sir. Gilbert, a pa rishioner of the same parish. The learned Judge said, that as the motion appeared to he very important, it would be better to defer it till the oth►r learned Judges cause into Conti. The motion was accordingly deferred, and towards the close of the day it was again brought forward. The learned counsel said,he grounded his application on the af f idavit of the husband, who deposed that his wife had been smote, tissue dead, and that the corpse still 'Attained above pound. Some months ago, application was made to the Rev. Mr. Clare, Rector of the parish, to loamy the body. but he refused, as it was deposited sa an iron cof f in. This objection being made, the husband was advised to take theopinion of two learned civilians, who declared, that there was no legal ground for refusing to bury a corpse on aceouist of the materials of which the coffin was composed. Recto► was then riled into the Commons, and the ease stood for trial ; but as she Rector stied before the hearing of the question, the Mil abated.'lnc husband . Mr. Gilbert, then applied to the ailing Minister of the parish to inter the corpse, the vacancy occasoned by the death sit the ittctor not having been fitted asp. The Ministers MO Churchwardens refused to receive the body, and by lilt order of the latter, it was deposited ise flue bone-house. The husband, therefore, now applied to the COllll,lO issue a mandamus, to tarsier the Ministers and Canis chow deus to busy the body with tin accustomed cer. nsunies. . Mr. Justice Bailey—Wily do you wool to bury Ike body it iron ? Mr. Chitty —Because, my Lord, the iron coffin is so constructed that the body cannot be taken out of it. Many bodies have been Mimed in these collise., stud the parish would have rich sued the corpse of his. Gilbert, if her husband had consented to pay the additional sum which they dets.astded. They my, that an iron coffin is nut so perishable as a coffin made of Mood ; but, then, au iron coffin occupies much less room, as MI of the latter will lie in the same space as 100 coffins made of wood. The Lord Chief Justice.—la there any instance of a nsouttamhts loan ecclesiastical person, to induce I • te per form an ecclesiastical act such as to bury Mr. Chitty.—There is a case, my Lord, inter, ow's Re ports, vul 3, p. 1267, in which Lord Mansfield is made to say, that a niondomue is a pi eruptive writ, to the aid ot which the subject is entitled upon a proper clop, previunely shown to the eatisfaction attic Court. The original nature of the writ, and the end fur which it was framed, direct upon whet occasions it should be issued. It was intro duced, to prevent disorder from a failure of justice and defect of police. 'fleet cf.irt, it ought to be used upcn all occasions where the law has I sta6lighed no specific re medy, and where in justice and good ;permanent there ought to bootie. Within the la , t century, is. has been It baratly interposed for the benefit of the subject dud the advancement of justice. This was the opinion of ',fled Mansfield, with respect to the writ of mandamus. tut there was another rear to which lie (the learned counsel) begged to call the aitelition of the Court; it was the case of John Andrews against Thomas Cowthorne rI3 George II ) reported in %V litre, p. 538. In that case Mr... 1 manes Abney said, that the burial-oldie dead is the deal duty of every parochial priest and miniater ; and it lie neglect or refuse to perform the other, be miry by the express words of the 86th canon hr sus;:citiled by the ordinary for three months. And it• any temporal inconvenience arise as a nuisance feom the neglect of the interment of the dead corpse, lie is punishable also by the temporal COWIN Ny indictment on inforoiation, 11. 7,G. I, 11. K. 'fist Coal' made a rule on Mr. Taylor, rector of Daveatry, in Nor thamptonshire, toehow cause why an iirforination should not be tiled, because Ile neglected to bury a poor pa rishioner who died in iliak palish. Now, it was obvious, that a 'sinister might be prinislind by the temporal Courts for not heirs ing a body, and as the body in tilts ease was in a state nf• corruption, from the minister's retiree' to bury i', it 'Teetered to the learned counsel that a tacoulatuus ought to be hunted. The lord Oriel Justice said, lie thought there 'was another. tribunal, namely, the Court of the Diocesinn, before which this matter ought to be brought. Eat he would not decide the question at present; and therefore, he recommended that the• learned counsel should look fur ther in the books, and if lie could find rely thing to meet this difficulty, then he would mention the t est. again. II appeared to his Lordship, that different Courts had been established by the• nouutry for chili-mid purposes ; and that the jurisdictioisof one Court ought sot to be euutound ad with that of another. Mr. Chitty said he wonldlonk forther into the books In the eonne of the evening, and mennon the case-again at a future period. HIGH COURT OF JUSTICIARY. Monday came on the trial of P. Powers. journeyman millwright in Maddiugtou, charged V, ifli the ninrder of John Bandilands, farm- nt -to the Earl of Dallionise, upon the 15th of April last, by striking hint on the head -with an sae. . . It appeared in evidence that some ' , Annie men had been amusing themselves by leaping an the high road, opposite le Custibton toll-bar, when they were joined by the prisoner and his master's son. who had been working in the neigh • linnrhood, and after finishing-their jnb, hail regaled them selves with some gills of whisky.atditrerent public-houses. 'f ke•deceased was standing enjoying the amusement, when the prisoner said he -would jump with any of them fur twopence; and having lost his bet, refused to pay is, when some haling altercation took place-among the parties, and the deceased said, ohl as lie was 66. lie would either jump with him, or fight him tar any thing lie liked. Sonic high words then ensued between the prisoner and the deceased, thetin port which was not distinctly recollected b . :, any of the witnesses present, lint it ended in this—that the prisoner struck him a blow on the head with an axe, which ke had on his shoulder, and inflicted a severe wound on his left temple, mit of whirls part of the brain protruded. After the exanritiation of the w iinesses, the Counsel for the proseeut• and p.innel addressed the Jerry ; and tile Lord Justice Clerk having slimmed up the evidence, the Jury retired and deliberated fur an hour and three quar ters, when they retnrnerl a written verdict, finding, by a plurality of voices, the pannel Guilty of the crime of murder libelled; but unanimously amid wawa earnestly re. commended him to merry. Tuesday se'nniilst two boys aacended a tree at Sturston, near Eye, to obtain a bird's nest, when one of them fell, chic iso terrified Wi companion, that io his haste to 4e scrod he tell upon the body of the former, and bruited btu se anutb as to occasiou his death. JUNE 20. WISTPdINSTIIIR MBITING.—A meeting on Tuesday was conceited at Willis's Rooms, the object of which was to raise a sum of money by subscription, for the purpose of building a new -and snore enlarged hospital in West 11l ll ster than the one now established. At o'clock the president of the institution, the Doke of N ort I het faint, took the chair, and was aceonipattied by Lord Gross etior. A long and interesting report was read by Mr. Anthony Carlisle to the meeting, front which it appeared that this most useful charity was fouoiled so long ago as 1716, and possessed the merit itl . has ing been the parent of all other subscription hospital, for administering to the deceased poor, and for iinpros - ;leg the practical knowledge of physicians and surgeons. This great .work of christian benevolence had applied its resources to atom than 17(1,1)04) aftlcted fellow -creatures, had materially preme led the spreading of infectious dis orders, and had supplied all the wants of its objects with unceasing care. With respect to the various com trilnitions which had been made to this valuable estab hidinient, the report stated that since 1776 a sum of Jblve 30001. had been' raised by charitable contributions .11 chili-elks, and a snot of .s!4ot)i. by -other means. Sir Burdett, when tirst elected representative in parlia- Olen( fur Westminster, mad, a 1411141 MM of 1,000/. The permanent Muds and resources of the hospital had bow • assiiiiied a state which promised a long continuance of its services. At the period of founding this institution, however, experience hatharit snagested the several requi_ sites for the stflaCtllre of such buildings, and therefore the present eilifi?tt laboured under Ike disadvantage of ill-adapted accommodations A subseliptiou was en tered into for rebuilding this hospital, which, according to the statement of the Doke of N"rtisuitiberlanul, would cost 12,0001. ; Ind if a grant of land were made, it would cause a fiedoc • of COW/. The suLscriptions already received were aunuuneed, and anima the nattie , . were slime of the Duke of Northumberlaml for ;soot., a•lti Lord (: , ,st emir for tont A letter fonts Colombo, dated No.. saes,—" Up wards of sue men and more dints 30 ollieersTell victims to the climate, during our late war with the Candians. Many men lost their lives front the bites of leeches, which swarm in the Jungles; 2.5 men of the tBth Ma dras Ileainient have ohm a leg each mum, the bite of this disagreeable and troublesome little animal, which, in spite of every precaution, will make its way into tour boots, or under tour clothes, whilst marching during the night. Four of the state prisoners (chiefs in die rebel him) were sentenced to die : but, Kappitapola and Aladogable only have suffered. There heads •were struck off by two blows : their behaviour was manly and cool. The Governor (General Brownrigg) having-at lend h restored peace to the island, has issued several proclama tions respecting the future government of the Centlia , n territories: one of which contains the following clause: " It is also directed, that 011 entering the hall of slob ence, every person shall make cleisassee to Me portrait of his Majesty, there suspended: t ail as well there as in any other courts or justice to the presiding authority." A series of Ceylon Gazettes to the loth of January has arrivwl. At that period -nearly all the traces of the rebellion had disappeared, and the principal leaders of it had been brought to trial. There appeared 110 dispo sition to extreme severity, as the punishment of death had not been inflicted in more than three or four in stances. Among these was the noted Kappitipola, Prime Minister to the Pretender, who was beheaded on the 20th November last. In every province of the interior the inhabitants 'lase been called upon for the surrender Maims, which have been deli.ered up in such numbers that it is thought-very few can remain in the possession of the Candians. • The prisoner who was thought by many to resemble very nearly the description of the Pretender, does no: own out, upon closer cx soli. nation, to he that mock claimant to the crown. The real personage was-said to heveremmted his primitly garb, and to be linking in theforcin of Wallassee, not far from Alipoot. Many -parties of Vedaks were sent in search of him, and it was extremely probable that he would be captured- in the very usuotry where he sr-.t began the insurrection, and by the same Vedaks who then formed his hotly guard. INDIAN Coutrrsitir, or Wuotiso !--Ft om a" American Paper.) " An aged Indian, .now an inhabitant of Penn.ylvania, lately observed that the Indians had not only a much easier way ofgetting a wife than the Whites, hut were also more certain of getting agood one.—. For,' said he, broken English, • whkesours court—he covet —may be one sy hole year I—anty be two years, before he marry ! Well—way he shearst very good wife—may be not !—May be very cross! Well ! now-suppose cross ! Scold so soon as get awake in the morning l—sicold all day!—Scold until sleep! all ones he must •keep bite people have law forbidding throwing aw ry rife, be he over so cross—must keep hint always !—W ell, how does Indian do? Indium—when lie see iniustrious Squaw, which be like—,he go to him—place his. two fore Singers Oise aside each other, make two look like ooe—than look tiquaw in the face --iee him smile —which is all one he say es . .---tar he tally hiss home—no danger he be cross! No no—Striaw know too *till what tietianelo, if he cross! Threrwiehm many sad take auotaer —squaw love to eat meat !—N 0 Isteibuod—oemeat !—Srmitw do every thing to please husband—he get hint a picoaronni—. he do every thing to please Squaw—live happy.'" • The pernicious in the Wiwi' language have lin feminine gender. By letters from Trinidad to the I3th of May, we learn, that the expedition under the command of General lJrdaneta sailed from Margaretta in the beginning of that month. The whole force consist • ed of 3000 men, including the Spaniards tinder Ur• daneta, Col. Englislia regiment, and Col. Gilmore% brigade of artillery : the two latter were almost en • tirely composed of Englishmen. Their destination was understood to be the city of Caraccas, which it , was believed, was incapable of making any effectual resistance. i The height of the thermometer, daring the last fifteen days of May, was, upon an average, seven ' - than at the same period last year. 1 tIR