The National Register. — London, England, 1819-06-21 00:00:00

LAW INTELLIGENCE. COU:IT OF BENCII. SATURDAY. JUNE If. eit oc ER v. t•nrn EMMA.. This was an ititpotteht case to teiviiits and land-owners ' It wee an :ection brought on 6.- act of the [ICJ of Gr.... 11. e. 1 i w if. Wirt:tied to protect Lindl cols from collusion hetweei, their tenante and others, to put them cut of poss.wsiou of their 'impiety. The se: provided. that any tenant being eervaal with a rotice of elect icceut from premises which he held b. any one except his landlord. and giving up . posi.ession to the ;cram serving him wi h s'ou ' l proceedings in ejart tent, without giving notice to his landlord. should therehe stilthvt himself to arfeit to his landlord three thrice the amount of one year's improved .w tack rent of all the premises demised to or holden by him. The defendant, in the present case, held of the plaintiff certain premises. consisting of sninee and waste land, and having been served by a person named erunnin•rhavi, with a priers* in ejeemprit as related to the mines. .end without y;ieing any notice to the plainiitr, he let to the sheriff'. tend gave poswwsieni to Cunningham. The pluinti:!', in conse eptence, comtnenced the present action. In lip declaration, how. ever, he only described the mines, and did not mention the waste I end : the duty, hwever. remind a verdict for 4.31511. tnree nines Cie amount of the Tent of all the premises demised to or holden d the plaintiff by the defendant. Mr. Jervis now contenthel, that this verdict could not stand ; the p'aintiff must be bound by his declaration, and in justice wadi; tic be so: since the defendant hail only given up the posses:- vim of the mines, the justice , of the case would be met by giving hree times the amount of rent paid for that part of the property belch by The Coon . however. were decidedly of opinio:. that, tinder the wont* of the act, " all premiers demised or holden," the plaintiff' was entitled to recover the full amount of three times the amount tit die iiiirroved or rack rent of all the premixes held by him. and, tiierefore. that the cricket of 4,50101. was right. The rule for A trial was theretbre refitsed. Tt. esti w, Juice 13. Till ALIS.G e. RottLitTii. The Common Serie .iit moved wide a criminal informa lam agaimt Ouch Rub - sets, a ,tir.con and apoihreary, at ColtliatVoll. lielienr cde the application en the installer of a pei 1111 l named Kennedy, steamed to Sir Peter launch. It swim areal, twit Robert, had brio called to 11.4esia wee of the d•iinesties in Sir Peter Darrell's family, and his blip PAW, a dispoie acne bet aeon I and Kennedy. Clam a Swiday , when 1v.% wily aas coming hid n cougreget 1111 l of Juniper , 111 a ideh he Ihr . 111 1 l gel!, Mr. Robed is art him, and used abn.nr language. The newt day be Si rote dim a tette r, in a Ilieh be iveol h.' ors- obliged to keep at a dulante from him to avoid toe h. otee filth. , and ll gli be Keened), wine a Sc iii a %%den row 11, he would ;eye hl,ll Isiah eat isfue . This wB5 EMU( Ueli iillsl A chat le .re (II light a duel, acid •he court aas moved act untimely. Ittelaert-, it was islteged„ carried pi•tols, and the deponent considered his lie., in clanger. Mr. Jos; ire Bay ley said, there was nit ground for a crimi nal information. If Mr. Kennedy considered his life t lireattaed, he height apply Is the quarter SeMilt/lia• the a, p I i eat ion alias refused. Till KING e. CARLISLE. The defendant Wile up to plead to two informations for and au iudietineut fur a seditious libel we ltered cad term. Hr was asked if lw was ready 1,1 plead, and he put in au al6dav it st that the putslitation 1/11 %his' is Was ill11111111:11. [ions were founded. were the ensue n its se tea 55bit'Is fOlllllYr priweedines sigeinst him acre inetiruted. '1 hey urge uuly adopted upon a sw salines letting. Me. Justice Ltayely inked i 1 they were published at the 641111 1• 11111 e• fbr defendant Clllll3 not 'ay they were published at the same time; ha they aisle the same subject to a letter. Mr. Justice II ,y ley stssf, tiles were oisti.iet punlications; and if he went on 'subliming., they tuOit exhibit 'stemma lions. for every one so published. 'the detendain nail b.f..° told on a former day that some. fist hear stce might be expected in taste hr did not publish tiny more. Mr. Carlisle said, he could not consider himself guilty of au OMMICI• until the Jury foutol the pu'.ll, at ion soboisise. .Ir. Justice Bayley ob.rnrd r thst he nit4itt nod himself mistaken. The Chief Jtoti. - e ohserted, that full tune bad beer) given lii plead, 611111 the court could gibe ins smu'.•. 'flu :defendant then pleaded - Not (Milt,. •PCIOHT r. all V a it ise • 111•. flurney moved tar a rule to spew cause why there should nut be a new trial en this case. ' It IA as as action for seduction, tried last-brims Mr. tourney moved, tat the.round that de, plaintiff, who was the father sits the young woman s.•ducrd, you d not have been deprived of tier seix.eis, Matsuura - it as she was in the service of the defendant beinse:f. The court gritilieil a rale to thew cater. LOMU CIIC aCHILI. v 1I!•KT. Mr. W. 1.1.1 Ills moved for a rule to shoo faille, why the verdict a hieh hod been found in thiscase should Dot be ens titsred fin the defendant, on all the counts of the declaration. Thiv. he said, was an action for a Ibel, and the Jury found th it the aeci•lesit happened by the furious driving of the plaintiff. All the comas of the de. la rat toil charged the de• fend-int with a libel " of and coneerising the said 1111 idrlll. " which 11 ippenifti a ithout furtims 1•1111114 . 111 e learned counsel contended, therefore, that the Jury found for the defentlatit on every issues for they found that tar aerideal happened by the furittssllrisi,ug of the Malaita. To follity this argument, be cited the irit.e of the King e. Mine, whi h was ti ied before Lord Alaissfield. It was an info' lila toot for a libel coureriiitig his hl,ije,t's (iiiverionimt, and roacerning the employniet.l of his wasps. llw case wss removed bs h uric of error to t he !louse of Lines; mid Lord Chief Ja.tice De (ire) then said, that if the Jury f .sand its title libel was nut tip n bo Aljesty'• Cinvernmeet and the employment of his troops, the information was false. 111 pteroost ease, the tleuldrof ion staled. lbw the accident happened oithout any negligence, or s driving, on the loot of the plait:ill; and •i the Jury bail firmed the turioel this - log, it appealed that their indiug antittuotcd to as rot it e verdict for the defendant. Tile litassied Judges said, it appeared to them that the mod acrid. lit wits used to signify the evt ut that of-rutted, mutely, the railliviou sit alit -carriages. Ibe allegation in the intrudes. tory pall of Ihe declarrition aas a divitrhie al. le tttt , rind the plAirttit way nut bound to prove the whole Ail his iiitroductsuy manor. The applicsaiuu war necuillin,ly refused. FitiDAY, JUNE 18. MON COFFINS. Soon after Mr. Jul.tive Holrnsrl had taken his seat Klan the Bench this morning, Al r. morel for a mantlamns to be is,tiell to the acting ministers of the partial of tid, Andre fiolbot it, and the Lime, ho order's and sex ton of palish, directing thew to bury the turibe tot' Mos. THE NATIONAL REGISTER. Gilbert, lately the wile of Jlr. Gilbert, a pa rishioner of the same parish. The learned Ju d ge sand. that as the motion appeared to he very impost:tilt, it would be better to defer it till the other learned Judges came nil° Court. The 11101001 WAS accordingly deferred, and tow aids the close of the day if was again brought torts aid. The learnt d counsel sands be gruitoded his application on the affidavit of the husband, who depo.ed that 1111 wife hail been some lime dead, and that the corpse still trutaiited above pound. some months age, application MN* Millie to the Rev. Mr. Clare, Rector of the pariah, to Miry the body, hut he refused, as it was deposited in an iron t offiii. '1 his objection being made. the husband was advised It) take the umnion of two learned %Ito declared, that there was no legal ground for refusing to Miry a corpse on account of the materials of which the coffin was compos 11. 'flue Rector was then cited into the Common., all.l the case stood for ti i4l ; but as the Rector died twittee tile heal iii• of the question, the suit abated. The husband, Mr. Gilbert, then apidierl to the acting Minister of the parish to inter the corpse, the aealicy occasioned by the death of the Rector not having Ii eii filled up. The NI mimes. and Churchwardens reinsert to tercive the hotly, and bv the order of the latter, it was de posited in the hone-house. The husband, therefote, now applied to the 011111, to issue mawltiinut,lo order the Ministers and Church* dens to limy the body with the isr eN%10111,11 fell.lllollllt,. Mr. Jus tice Bailey—Why do you want to bury the body in iron: Mr. thi!iy —llecntisc, my laird, the iron coffin is so constructed that the body c. t be taken out of it. bodies hire horn liter rid in these rnlhM•, and the pill WI would have rrctived the cor pse of Nlis. Gdbett, if her husband had consenied 10 pay the Addition:Al :min whit le they y sad , lII4t an non coffin is s of , t) petodiable ow a coffin 111,104 . or Vl.lOll ; hut, than, ao Iran coffin occupies •h Its.. room, as 130 of the hitter will lie in Ilt^ saute sosce as 100 cotliela made of wood. The Lord Chief Justice.--ls their ally instance of a mandamus to an ecclesiastical per... 01,10 isititice blur to per. form an rcrlesiortbral act such as to bury r.r baptis e Mr. Chitty.—There is a case, my Lind, in Burs ow's •Re pots., vol 3. p. 1241, in which Lord Niel:afield is mode to say, that a mandamus is a prerogative writ, to the aid-of which the sitirject is entitled upon a proper ease, prey Musk; shown to the sal iaraci ion of th.. Court. .11. e ot igusal Halm e of the writ, and the cud fur which it was framed, dbeet upon whist occasions it should be issued. It wits intro duced, to prevent disorder from a failure of justice anil di feet of pude!. The, elite, it might to he used mom all ocea•bois is here the low has rstabii•lied no specific re medy, and where gaud government there ought to be one. Within the la t century, it has beets li b,:ratty interposed fur the beet tit of the subject and the advancement of jostice. This was the opinion of Lord Alaiisticld, with respect to the wilt of matuktmus. Hut there was another cam. to which lie lie learned counsel) begged to Call the attention of the Court ; it was the ease of John Andrews aeo], t Ttionias Can ?borne (13 1 irOrge II) reported in 11 ides, p. 4;S. In that Cage Mr. Jvoice Abney said, that the bon lot of the dead is the clear duty of every parochial 'Hirst and minister ; and if he orals:et ur refuse to pettilliii Ille office, he may by the express words of the Stith raison lie suspended by the ordinary for since months. And if any temporal iitcsouvestience arise as a nuisance from the neglect of the ante' Meld of the firsd cot pse, he is punishable also by the temporal Cou r ts, by in:heron:lit 011 info, mafiosi, 11. 7, CS. I, It. IL 'lnlet Court made a rule on Mr. 'roy . lot, vector of Deventry, in Nor thamptonshire, to show cons. why an information should not he filed, because he neglected to bury a poor pa rishioner who dis 0 in That !latish. Now, it was obviows, that a minister might be punished by the temporal Coorts for um bows ing a body, and as the body in this case was in a 6140 e of corruption, front tar 'sires refusal 10 bury , it apt call d to the learned cothiscl that a mandamus ought to be iMalled. The Lord Chief Justice saki, he thonglit there was aniwiter Itibnuat, namely, the Court of the Diocesan, liefote whisk this mutter ought to be brought. Bolt he would riot decide the question at present ; and therefore, he tecontmended that the learned cos ttt s ttt should look fur. flier iii the hooka, and if he could find any thing to meet this difficulty, then he would mention the case agate,. It appeared to hisLordialtip, that different Courts had been established by the country for di:resent purposes; and that the jurisdiction (done Court ought not to he contoulml ed with that of another. Mr. Chitty ■aid he would look foi ther into the hooks in the conrse of the evening, and sueU I lull the case again et a ramie period. lIIGII COURT OF JUSTICIARY. Monday came on the trial of P. Powera, journeyman milluoight in Alailingtoo, charged with Ilse smolder or Juhn SatidiletidA, firsurservent to the Earl of Dalhouke. ilium the 1511 s ut April last, by striking Lim eo the head withal, sae. it appeared In evidenee that some young men had been ainnsing tbemseives by leaping an the high rued, opposite to Coalsten toll-bar, when they were joined by the prisoner and hie limier's son, who had been workbag M the eseigh• butirhood, and after finiabing theirjoh, had regaled them s. her with some gills of whisky at different public-lionises. Tate rt....ceased was standing enjoying the autunesuctit, when the prisoner said he would jump with any of them for twopenee ; and having Use his bet, refused to pay ii, when some trilling alsercntioa took place among the psi tie', and the deceased said, oil Ms he was 66. be would eitticrjuinp with him, or light him fur any tiring lie liked. S high words them ensited between dre prisoner sod the deceased, the purport of which was not distinctly recollected by any of tie wienrsers present, but it ended in this—that the prisoner struck him a blow on the head with an axe, which hr had on his iiii.tulder, and indicted a severe wound ani his left temple, out nf which part of the loam prounded. Aimee the esti iii oo anon of the witnesses, the Coubsel fur liar 111104Pelli . 4H,I panned addressed the Jury ; and the lord Justice Clerk basing summed up the evidence, else Jelly tensed and deliberated tar au bout and three gnat. ter., whim they returned a written se dirt, finding, by a pt,,,,lify of so ie r •, I lie panne! of the crime of minder libelled ; but unanimously asiJ mist Sly re • commended has. to mere y. Tuesday seliniulit two boys ascended a tree at Sterling. near Lye, to obtain a bird's neat, when one of them fell, which so terrified iii 4 compinion, that iu his haste to de scend lie fell upon the body of the former, and bruised him re much 45 to occasion his death. JUNE 21. WEST141)181rUll MBITIIIIO.-A meeting on Tires , lay was convened t 'Willis', Rooms, the object of which was to rase a sun' of money by sobscr• 'Mon, for the purpose of buiLing a new and more eillirged hospital il l Westminster than the one now established. At 4 riclock the president of the institution, the Duke of Northumberland, took die chair, and was accompanied by Lord Grosvenor. A long and Interesting report was read by Mr. Anthony Carlisle to the meeting, from which it appeared that this mast useful charity was founded so long ago as 1716, and possessed the merit of having been the parent of all other subscription hospitals fire administering to the deceased poor, and for intprov. ing the practical knowledge of physicians and surgeons. This great work of christian benevolence had applied its resources to more than 176,000 afflicted fellow-creatures, had materially prevented the spreading of infectious dis orders, and had supplied all the wants of its objects with unceasing care. With respect to the various con tributions wnich had been made to this valuable estab lishment, the report stated that since 1776 a sum of above 300UI. had been raised by charitable contributions at churches, and a sum of 88001. by other means. Sir F. Burden, when first elected representative in parlia ment fru ‘Vestminster. made a donation of ima The permanent funds and resources of the hospital had now assumed a state which promised a long continuance of its services. At the period of founding this institution. however, experience had nn suggested thy several requi sites for the structure of such buildings, and therefore the present erlifi.:.e laboured under the disadvantage of ill-adopted accommodations. A subset ipt ion was en tered into for rebuilding this hospital, which, according to the statement of the Duke of North berland, would cost 12,000/. ; but if a grant of land were made, it would cause a deduction of 6,0001. The 'Ascriptions already received were announced, and among the names were those of the Duke of Northumberland for .500/., and Lord Grosvenor for 1001. INDIAN COURTSHIP, Or WOOING am an American Paper.) . . •• An .aged Coduan, now an inhabitant of Penns,.lvaMa, lately observed that the Indians had not only a much easo r any ofgetting a wife than the Whiles, hut tet re also more certain of getting a good one.—' For,' said he, to h., took. n English. • while man court—he court—may be one a hole year!—may be two y e.rs, before lie oral ry ! "Sell—may be then got yea y g" , ,,,1 a ife—may be not I Nlay be Pery ~! Well! now auppos,. crop! Scald so soon as get awnhr in the morning I—neold all day !—Scold ant ii sleep ! one—. he must keep hiva•.-1l hilt people have Low foorioillolot o c thorny/wog away wife, be h- ever so er •s te4 keep nun always !—SS • how dews Median do: I11(11411 —w 1.1.11 he see industrious Spate, which he like—he go to firm— pl,.ce his tan fore lingers close aside tach al lieu , is I' 14% la look like one —then look Squaw in the face so e i.i .1 .oloote —which is all 11110 he say t es'..--so he 'Ake hioo4 hoome--1 o danger he he crow ! No—no—Squaw know too a ,•II a lilt Indian do. if he cross ! Throw him away and tal., ettoott co —Squaw love to eat meal ! —No husband—no do every thing to pietist. blob:Intl •- gel ham a pa, Calitritti he do every thing to please 'squaw —live happy.'" • The pronouns io the Indian language. have no 1:111/11.1ke gender. By letters from Trinidad to the 13th of May, we learn, that the expedition under the command of General Urdancta sailed from Ma , garetta in the beginning of that month. The whole force consist ed of 3000 men, including the Spaniards under Ur daneta,Col. English's regiment, and Cu!. Gilmore's 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. Monday sennight, whilst a number of people were in an soh -stairs room at Aikum Hall (late the residence of the Rev. Mr. Rielcerby, dec.) attending a sale of furni ture, &e. the joists gave way, whets the flooring, along with all those in the room, were precipitated to the ground floor with a tremendous crash. Providentially no lives were lost. On Thursday sentaight, during a storm of 'builder and lightninq, the eecirte fluid penetrated throuo the roof* of a home at Keyforil, Rustic, perforated the floor and ceiling ii;tq the second roti.o, where it melted the bell-wires and shivered the paper and p+n of the furni tare ; it thorcontiniteel its c.itirse to the principal stair case, where i divided with the bell-wire 4. to the rooms right and left ; in nor of the latter was the lady of the house, who was within its reach, and was 'affected with strong convulsions fur some time, similar to a paralytic seizure, but happily she soon recovered. A distressing accident occurred lately at the rend, zuous of Capt. Pelham. near Pt:Waugh barracks (America). A *olden' had been out contrary to orders ; in returning, he attempted to pass the sentinel on guard ; the sentinel ordered him to stand, but he refused, with opprobrious language, and the sentinel fired : he missed the man, and the ball passed through the boards of an adjoining wooden building, where another soldier was lying in bed with his wife. The ball glanced along a camp kettle, and finally lodged in the unfortnnate man, who was lying in the front of the bed. It entered his back, and passed through his body, raising the skin on his breast, opposite where the bail entered. The man expired about three hours alley the accident. A singular rescript of the Grank Duke of Darm stadt is said to have excited a lively sensation throughout Germany. He finds the lawyers in his territory too stiffnecked and refractory, and to re. dm* them to better cider, declares that they shall for a specific time be incorporated with the regiments of his army, under the Kline duty and discipline, until they become sufficiently obedient. The gen tlemen of the long robe ant loud and vehement in their remonstrances, and the echo of their complaints ringi through Germany. 19R