The British Press; or, Morning Literary Advertiser. — London, England, 1826-03-29 00:00:00

ST. LUKE'S VESTRY. Yesterday came on the annual election at St. Luke's Church. Old.street. of Vestry Clerk, and 48 other officers for that pariah, many other propositions were to have been submitted, wonting to the printed circular, of which no notice was taken. None but vestrymen were admitted. The election lasted nine hours, and a more alarming and disgraceful tumult never occurred in any church. It can only be compared to the O.P. rows of Covent-garden theatre. setooling. yelling, hooting, heating with sticks, and kicking with heels , drowned the whole of the latter part of the business. There is to be a ballot, which sill last two days, and on that will rest the issue of the contest. Mr. PORTER, the senior churchwarden. was nominated to the Chair, by the majority, In a list circulated in the Church foe sig. natures. Mr. 3lt twit, the anistant.elerk, reed the general notice. Mr. PORTER congratulated the vestrymen on the right they possessed of an open vestry, for the election of the officers who were to govern their affairs. lie hoped they would patiently hear every vestryman without interruption ; that they would allow a fair exercise of that privilege denied to many perishes, avoid all per sonal:dm and conduct themselves as became the inhabitants of the respectable parish of St. Luke. The first proposition he should offer to the Vestry was the election of a Vestry Clerk, and which, as the mot important of their duties for that day, he thought s hould be first decided. The proposition was carried went. die. Alderman Brower said he came to the meeting at a very great inconvenience. Ile had been an inhabitant of the parish fourteen years. and always felt a pride, in this land of liberty, of exercising those privileges of right of which Englishmen were proud in the exercise. They had had sixteen years of quiet and prosperity, and now a party hail been got up to disturb that unan' y—a partrfor parr purposes—a party to oppose their present Vestry Clerk, for doing that for which the Vestry Old No frequently returned him their thanks—that of saying the expenses of the parish. Aye, saving the expenses—for his opposition to the Macadamising Fins bury.plece was the real and only cause of opposition. Ile had been Irg an inhabitant of Finsbury-place. and admitted that the Macadamising of that part would be a great comfort end conveni ence to the inhabitants of that spa. The noise of carriages there was excessive. He himself had put his name to the foot of a peritioc to the Paying Board to have the proposition carried into effect. Their vestry clerk opposed it on legal grounds. Not a tied with his judgment of the law, he (Alderman Brown) sub 'embed his les, to have tire opinion of the Attorney-Henna. Th. decision wain their Meow., but still Mr. W. opposed the measure. This it was that irritated the feelings of the inhabitants of the Finsbury division, and they have been exerting every nerve to effect the displacing of their Vestry Clerk,and to elect 1l r. Florence. He knew whet would be the alleged ground of oppopition—that their Vestry Clerk receives too high a salary, anti that Mr. Florence will undertake the duties for one-half. By whom was that salary voted?—Themselves. %Vho was to blame?—Themselves. He knew they might get a man to do the business cheaper, but was the cheapest always the best? It that principle was to prevail, In Hod's name elect neither Mr. Wilk. r u n Mr. Florence. bet them advertise tenders for the lowest salary. Many men could be found to do the duties at half price, and others again at half that price. They would be told of the haughtiness and insolence of Alr.Willos, or his hard.heattednees to the poor, kc. Some had said, are we to be libelled—to be ruled by a servant ? But who is that servant ? oat who had diligendy and faithfully served them for sixteen years, and received their unanimous thanks eleven different times. He should not indulge in personalities ; of Mr. Florence he knew nothing till hie connexion with Mr. firiffiths. Had Mr. Wilke ever involved them in law difficulties ? No; he has always kept clear of those involvements, and honestly exerted himself to the utmost in the discharge of his tholes. He would propose that Mr. John %Vilks be re-elected as their Vestry Clerk, with a salary of &WI. per year (last year it was hoof.) Sir C. k LOWER would second the motion. Mr. Pon TE a read the resolution, which being objected hi, that the election of their Clerk ought to be first decitied. and the salary mode a secondary consideration, the sum was expunged. Sir C. FLow en hoped the Vestry would look to the ground of opposition; that they would have the charity to consider the numerous and important services rendered by their Vestry Clerk. and say would they trust the hazard of their services to an untried candidate, when they hod experienced those of Mr. IVilks for 16 plats. .Me. YATES had been a vestryman five years, and avowed his attachment to the parish. An important duty devolved on them that day. The broad grated on which Mr. Florence was offered to them was simply—were they to have the right of electing their own servants? Are the to enjoy the pool. loges of an annual election, ST were all their parish officers to he at the nomination of Mr. Wilke ? The charges against Mr. Wilkey/ere four in nuntber:—Firta. his imperious and haughty man- Da of receiving those vestrymen, making propositions, or asking be. refits for the parish, that he was not disposed to sanction. Second, his opposition to every measure not originating with himself. Third, his harshness to the poor. And, fourth, his enormous sa laries. It had been asserted, they would find no person en qualified—no one feeling the mime interest would be found. This he would deny. Numbers could he found equally interested. Every . paid officer of their parish had been raised in salsey. The ' opposition of Mr. Wilke to the alacadamising Finsbury-plaet had been said to be the =aft of resisting the re-election of their Vestry Clerk. That was not the ratter. He had stated them in the four charges. He never heard of his opposition to the measure till lately. What heel not been the insulting conduct of Mr. Walks? When the deputation waited on Mr. Wilke with their petition they were insulted. Mr. rove in indignation, and said to ore of them " Who are you, Sir?" (Hisses and clamour.l Alr. Willis had published a defence, boasting of the respectability of the names attached to it. They had names as respectable as any In the Fetish:. they hail 27t) who solicited Mr. Florence. Their law charges had been enormous. .Me. (-Madge had been charged oar. kw a contract he had never been celled upon to execute. .1 state ment had keen circulated by :11r. Wilke, that they wanted to set the father against the son, by inviting him to oppose his father at this vestry. It was false. It was said another could not be found to fill the office, and that WO/. per annum was not enough. Mr. Florence was every way qualified, and he should conclude by pro. posing as an amendment, that Mr. James Florence be put in nomi- Latin:, for the office of Vestry Clerk. lA'. Divisor seconded the amendment. . . . Mr. By )1 n should not have then but for the gross misrepre sentation the other side had made. as to the motive tor refusing to Aiscadamize Finsbury-;Dace. The rate could not have been col lected it would reduce the rates of that division one-half, and mtsll an expense of Mal/. on the other inhabitants. Mr. EARITH had a srit at the Paving Board, and was surprised at the conduct of Mr. Wilks. That gentleman arrogated to him seit the chairman's duty ; he dictated to the chair and to the board ; in fact. he wan the governor of them and the whole parish. At the time the additional Inn!. was voted to Mr. iVilks, be did suppose that flOO/. was all he received; and he was surprised when he Inked for ar.other hat in addition to the 150/. he received from the trustee bread ; ;raking altogether a salary of 800/. Mr. Crenlan I, Mr. Rummer. and 51r. Bateman had some cross fire questions. the answers to' which the tumult on either side pre- tamed our hearing. Mr. HATE mat , : had lived nll his life In the parish, and had terekd some of their offices. He could speak as to the urbane man ners of Mr. Wilke for the last sixteen years. He had to lament the alismer of many friends. now no more, who meld also do justie. to the behaviour of Mr. Willis. He asserted that Mr. 11'ilks could not be exceeded in politeness and readiness to serve the prei , ,!l. He wont% not detain them long. Mr. Earlth had said Mr. W'ilks dictated to the board. If so, whose fault was that? :b. was often called on to give an opinion. The oitival rested on the chairman. not the organ. It was not every nue that had the ability to address a budy. The opposite party alleged that Mr. NVilks did not pay them sufficient respect, and th., titer made a ground of accu-ation. He should leave these tritous charges to their own refutation. Mr. :HELLISH judged from the countenances of persona around a strong ttanor titration of the importance they attached to the rack of the tlity's business. The peace and wellbeing of the parish were the things most to be sought—it was the centect of gu llet). 11 - 4 should not be broken. l'he whole of the charges re. suited into this—the deportment of Mr. M'ilks seemed unpalatable to some gentlemen. Taking the charges as stated, what did they ammrit to? Nothing to justify such an attempt as contemplated this day nothing could justify such an agitation after 16. years of calm, Inn the most flagrant misconduct. Mr. At.nc R has lived 24 years in the parish, has served several offices• anti preserve - 1 his consistency. Ills opposition to Mr. is to rescue the pariah from a corrupt sysum, and an oppo *idol is the only remedy. Mr. PAT.l.tsen begged the meeting would not be gulled. It was tickii.h to !Midi Int the consciences or attorner.' tie had em ployed Mr. Wilk,. an d al wa y s fo u nd him ac . Intl' justice. One v , ulti %oppose we lod been translated to some taintless parish. 11 r. 11'ilka had been roriesi un as an angel. Great as he statute, he is but our scream. Mr. 11'ilks puts in whom he pleases. and re move, others in the same army. To think of inviting the son to oopoec the rather squid be jutoping out of the frying-pan into the i.te....he is n chip of the o.ld block. The behaviour of Mr. %Vint* P. the pt‘or t u ts been Cfilt 1: they have been treated at the bar of the Commit:et Haut as at the her of Newgate. Here 31r. Jnnv jon. entered to confirm the statement of the buti!ation to oppose hi. father. Three persons had invited him-51r. Alder, 31r. Evars. and another. He had declined the triation. lie declartd, were he on his deathbed, he would penis' In assenit.g i.e was so solicite 1. (Great uproar.) Mr. Art+ T: n solemnly declared he never invited Me. W. jon. liefore lied it never entered his mind. It was as false as invention vulti be. A letter of Mr. W. jun., requesting Mr. Alder to state to the meeting that Mr. A. did call in November and invite Mr. W. Jan. to stand, and his belief of the statement to be true, occasioned at indescribable tumult. Mr. CLARKE would defend Mr. Wilk, from the accusation of Irma°. kg 14 w Mita ; he had always been averse unless on strong ground.: he did happen to know that four out of every titre ap peals hal been gained, and that he had saved the parish 10,000/. (" Mining nonsense," alluding to Mr. Clarke'. directorship of a mining speculstion, in which an lion. Member of the Lower House hut an interest). Mr. Herta could not give a silent vote on en Important an oc elolust. He regretted that Mr. Wiiks, with his extraordinary t alen.m.stinvltl'hot have amended the system pursued in this parish. Tile list of officers presented for acceptance In a body is a great error. The etectien of each should hu single. If the hit were Pe - severed to, he should emnese Slr. election. He ought long ere this to have brought about a refor,n. r I Ir. CASTLEr •aitt a notice should have been sent to the vestry. men when the lut 1001. was voted to Mr. Wilke, and then they would have had an opportunity to express their sentiments. Mr. HOOCH had filled offices for eight years, and thought notice should be given when the pariah money was to be voted. The Rev. JAMES HARGREAVES thought reform necessary. Mr. Wit.os—l am completely willing to leave the motion to calm consideration. If it he the wish of gentlemen that I should speak, it is certainly a duty with which I shall endeavour to comply. I. who so long have felt a dear attachment to the parish—l, who have been so often rewarded by demonstrations of your approval— cannot hesitate to express the sentiments I feel of your habitual kindness. Those who will allow prejudices to dispel, must f, el pity for the individual so placed as I ant. Contrast the present with last Easter : it Is enough to paralyse any heart of its happiness. That da' was the proudest of my life, I may say. My services were ap plauded, and you marked your sense of them by an additional 100/. voted to my salary. Two hundred persons demonstrated the pro. priety of the vote. Those approved my services, and gave a sensa tion to that heart which will never cease to beat in gratitude. It was only last Easter that two of my antagonists (Mr. Alder and Mr. Greenland) held up their hands for the Increase. What a mar vellous change has occurred since ! And these are the gentlemen to bring a bill of accusation against me ! As to Macadamising Finehury-place, if I did not act as a man in my situation ought to have ac:ed, degrade me as undeserving your favour; for your re jection of me to-day will be my degradation. The trustees were guided by legal opinion; they had only power to pave ; they were prohibited by our Act of Parliament from appropriating the funds of the parish to any other purpose. The report of the sur veyors stated the cost of repairs of paving to be 5a1.; the Mac adamising would cost 0001. I spoke strongly, because it was a matter of moment. We could not legally enforce the rates, if the Macadamisation had been done. I put it to your justice and honour. whether I. your old servant, shall be disearded for that which the cpinion of two eminent Counsel advised me to recommend. I am only your servant, and when I forfeit your good opinion of me 1 shall cease to be what it has been my pride to uphold. I Mr. Walks read a letter, stating the opinions of Counsel, of the Paving Board, and his offer of 4W. towards the expense.l I would falter march to the place of exe cution, than remain branded as a degraded being, unworthy of your support. It wax unfeeling to introduce the subject of his son ; for two years there had been no communication between them bat on general business. Some conversation did take place is to the in. vitation, which both sides had Misunderstood. Obliterate the sub ject of setting a son against his father. If, after the fatigue of in vestigating 12 or 15 parish causes, he should have felt tired, and spoke to gentlemen, w:m came at eleven o'clock with a proposition, not so courteously as they expected, it was but a venial offence, nor such an one as to merit his dismissal from office. When Mr. Clay, of Illinois, in America, returned, after a a difference with one • thous he had displeased, he addressed him, " My friend, you have often hunted, and in the chase did your rifle never miss?' "Oh, yes," said the American, " the other day I lost one of my best ehanciA by its not going off." " Did you break your rifle, then, and throw it away ?" " Oh, no, I primed it again, and it brought down my game." So I hope it will be with me: if I have tailed in one instance, try me again, as the American did his ritht—do not break me up, and tINHM me away as useless. Mr. Wilks here sat down, and the dreadful uproar that ensued of applause on his side, and dissent on the other, rendered every eflitrt to restore order impossible. Mr. FLORANCE addressed a few words to the meeting. If he failed now In his attempt it should be his last ; he was invited, or he would not have been there this day. Some ordinary appointments were made, and five persons on each side nominated as sautinem of the ballot, with Alf. Porter as Chairman. PARISH OF CHRISTCHURCH, SURREY. Yesterday a numerous meeting of the inhabitants of the perish of Christchurch. Blackfriars•rosd, took place in the church. Mr. Hwy Hug v. who is a parishioner, had issued a notifi cation that the objects for which the parishioners were summoned, ten of which were fur the election of officers, and two for voting away the money of the inhabitants, were twelve important reasons why they ought to attend the annual vestry, to look into their own concerns. Ile had heard it asserted in open vestry " that their money might be misapplied to the amount of SOW. a-year." One of the Churchwardens was in the Chair. Mr. HUNT was himself elected one of the auditors for the en suing year. Upon the motion for the appointment of some of the inferior officers of the parish, he took the opportunity of objecting to the practice of asking for Christmas boxes. It was, he said, nothing less than that very offence which they had received orders to apprehend persons for committing —mere begging. (Applause.) It would be better to Increase the salaries of their officers. This suggestion was at once adopted; and it was submitted to future consideration, whether it would not be advisable to increase the officers' salaries, and to do away with the practice of Christmas boxes. Air. B. !fawn; in moving for the usual annual present to the Rev. Mr. Mapleton. of 300 guineas, mentioned that, before that gentleman became Rector, the seats were going a-begging, and since that time, galleries had been erected; and the church had been most numerously attended. The salary allowed by Act of Parlia- Meat was Mg per annum; and it was expected that nothing like a aissenting voice would be heard upon the motion for the usual increase. Ile then moved, that the Churchwardens be directed to present 300 guineas of the parish money to the Rev. Gentleman, in testimony of their sense of his services. Air. HUNT, in offering • few observations, did not mean to withhold any eulogium from the Rector, of whose talents and cha. raver he had heard very high approbation ; but he thought that before they voted 300 guineas of their money to him, they ought to ascertain the extent of the emoluments he received for births, mar. naps and burials. (Hear, bear.) How was it possible to know whether or not the sum Just mentioned was or was not enough to grant, without knowing the remuneration which the Rector was in the habit of receiving fromlother sources. To be sure, it might be said that the Rector need not give an answer. He certainly might refuse, but his parishioners might say, in return, " We won't give you the 3110 guineas without that information." (Loud applause.) He (Mr. Hunt) begged to be understood as not giving an opinion whether the sum proposed to be voted was too much or too little. Ile was only for haying laid before the parishioners that mite rim by which a true estimate could be formed. Air. Hunt then stated, that the money of the parish had not been upon all occa sions applied as it ought to have been. A person who was now in tho employment of Mr. Hawes, upon fifteen shillings a week, had, when out of employment, applied to the parish for relief for his wife and five children, and although several weeks without anything to do, he received no more than seven shillings altogether in his distress. (Cries of shame.) Now he (Mr. Hnnt) had made a cal culation, and taking the Rector's salary, fees, &e. at 10001. a.year, that gentleman received just as much as 10,W0 poor labouring men, who bad fifteen shillings a week, got for working from morn. lag till night. ( Laughter , and cries of shame.) Was this Chris. than charity ? lie bad heard that great savings had been made of late in the parish; he feared the saving had been made in the wrong quarter. (Cheers.) These were not times when large sums should be voted for labour, which was comparatively nothing. (Loud cries of order.) lie repeated the word comparatively, fur he compared the labours of the Rev. (Jentleman with those of the poor man who worked from morning till night. (Cries of order and laugh ter.) These were times when they ought to take care of their money. lie should not deviate from the strict course of his duty on account of any cry that might be set up against him, and he should move, as an amendment, " That the Rev. Mr. Mapleton be requested to let his parishioners Know the amount of fees which lie annually received.' Mr. HAW ES said, he was glad to have an opportunity of an swering Mr. Henry Hunt. Every thinv, he assured Mr. Hunt, was open to examination upon the subject of the affairs of that parish and every body in it was at liberty to look into the books. He bad, before he knew who Mr. limit was, called hint by the name of Gentleman. Now 1111 must say that Mr. Hunt had not acted like a Gentleman in dragging h 6 (Alr. Hawes's) name for. word, coupled with a charge of inhumanity. Mr. HUNT —I ask thosearound me whether what I have said ought to subject me to this sort of attack—whether the language just used islthat of a Gentleman. (Shameful.) Ile altogether dia. avowed having imputed to Mr. Hawes any impropriety of conduct; the words he used never conveyed any imputation of the kind. Mr. HAWES declared. that the man who had applied to the parish had acted against the law of the establishment to which he belonged, as, in case of distress, there was a fund to which not one of the workmen had ever applied in vain. Besides, there wee not a man in the establishment wbo had so little as fifteen shillings a week. He then contended that Mr. 'Mapleton was deserving of the present annually voted to him. (In this opinion the Meeting seemed unanimously to concur.) A Parishioner bore testimony to the worth of the Rector, whom he described as a man of un b oun4e d charity and liberality. . . After wme further observation; from seieral of the Parishioners, one of them sal I that what Mr. Hunt had stated was false, and made some allusions to the wonderful blacking. Mr. HUNT cried out, I'll not be dismayed by the bullying of that tallow.faced Gentleman. (Loud laughter, and several persons expressed their disapprobation adds mode of retort.) Mr. HUNT said, that whenever any man charged him with hay frig uttered a falsehood, he should retaliate in some way or other. It was evidently done for the purpose of exciting him to a degree of warmth, calculated to do injury to the •ause, but it should not succeed. He consented to withdraw his amendment, but he should submit it as a separate motion. He wished merely to request that the Rector would let his parishioners know the probable amount of his emoluments. The Hector could not perform two duties, and ha had another living to attend to. The motion for presenting the 300 guineas to the Rector was then carried, and Mr. HUNT submitted his motion. He was anxious to know the amount of fees fur weddings, burials, and christenings, of which there were great numbers in that paria h. • An amendment was moved, that it wan neither expedient nor ne cessary to make the inquiry; and Mr. Hunt was informed that he might ascertain by the books that amount. The amendment was carried by a large majority . The motion that 100 guineas be presented to the Curate was op. posed by Mr. Hunt, who naked whether the Curate, in tile event of the grant being made, was sure to get it. The Churchwarden paid his receipt was regularly given for it. Mr. HUNT, in alluding to the large funds of the parish, sub mitted that the Hank of England ought to be prying as much in. ',rest upon the money placed in their hands by the parish, as would discharge the amount td.* what the parish war lo the habit of pay ing to the Curate annually. (A pplause.) The motion was carried, 4th hands having been held up fur it, and 29 against In the course of the d'srussin"... Mr. HUNT said he should cer tainly endeavour to save the 1:ar!: a serious sun of money during THE BRITISH PRESS. the year; and if he could accomplish that, his efforts could not be said to be thrown away. He said also that some of the parish nin ney might receive a more equitable direction. The letting then separated. 111 r. Hunt, although he received much opposition during the business, and retorte.l most readily and !sharply, seems to be a wel- Mle inhabitant of the pariah. PARLI.IIIENTARY PAPERS. EXTRACTS FROM THE CHANCERY REPORT. [Continued from our l'aper of yesterday.] PROPOSITIONS. 130. That if, after the tiling of a bill by any executor or admi. nistrator for the administration of the assets of his testator or Mtn tate, or after a subpecna served upon any executor or administrator, upon a bill filed by any other person, for the administtation of the meets, such executor or administrator shall make any payment to any creditor of his testator or intestate, which shall operate to the prejudice of any other creditor of equal degree, then to the extent to which such payment shall so operate to the prejudice of any other creditor of equal degree, the same shall be disallowed by the Master of this Court, before whom the accounts of such executor or administrator shall be taken. 131. That, after the insti tuti on of any suit for the administra tion of the assets of any testator or intestate, the executor or ad ministrator may apply to the Court for an injunction to restrain the proceeding of a creditor at law. although no decree has been pro nounced in the suit ; such executor or administrator supporting his application by an affidavit. stating the actual balance in his hands in respect of the estate to he administered, and submitting to the immediate payment of such balance into Court, and to an imme diate decree for an account, if the Court shall think lit so to order. 132. That if an executor or administrator, after the institution of any suit for the administration of assets, omit to apply for the pro tection of the Court, afforded by the preceding proposition, and shall suffer a creditor to proceed to judgment and execution at law, such executor or administrator, on nesting his account before the Master, shall not be allowed the costs of such prcceeding at law, nor the amount of ouch execution, an far as the same exceeds the proportion of debts which other creditors of equsl degree will be entitled to under the decree. 133. That in all cases it shall be in the discretion of the Court, having regard to the circumstances of the assets, to allow or dis allow interest from the date of the report, to creditors whose debts do not in their nature carry interest. 134. That, for the purpose of enabling all persons to obtain pre. else information, from time to time, as to the state of any cause or other matter respecting which they are interested and may be de sircitis of being informed, and in order to give them an opportunity to watch the different proceedings therein. and to take the means of preventing improper delay in the progress thereof, any person, whether a party or not in the particular suit or matter inquired after, shall be enth led to apply to any Clerk in Court for a certifi cate from the Six Clerks office, specifying therein the dates and description of the several proceedings which have been taken in such suit or other matter, in the Six Clerks Office ; and it shall be the duty of the Clerk in Court, to whom such person shall so apply, whether he be or not concerned as Clerk in Court in the cause or matter inquired after, forthwith to procure such certificate, and to deliver it to the person so applying, upon receiving the sum of 3s. dd.for the same, and no more. 135. That where a bill is filed fur an amount, and the defendant has put in his answer, submitting to account there, if the plaintiff afterwards desert his .434, so u to entitle the defendant to dismiss the bill for want of prosecution, the defendant, if he think fit. In stead of dismissing the bill, may apply to the Court, upon motion or petition, for a uecretal order for the account ; and the defendant shall in all respects proceed upon such decretal order, if the Court thinks fit to make it, as if his proceeding were under a decree at the hearing. 136. That where, upon a bill filed for an account, the cause is set dawn for hearing, there, if the plaintiff do not appear at the hearing, the defendant, instead of dismissing the hill, may apply to the Court for a decree fur an account, and if the Court shall think fit to make such decree, the defendant shall proceed under the same, in all respects as it the decree had been obtained by the plaintiff. . . . 137. That wherever, after answer, it is apparent upon the plead ings, that some certain decree Must necessarily be made at the hearing, thee, without further proceeding being had, the Court may in ha discretion make an order to the effect of the decree which would be made at the htaring, if the cause were regularly prose cuted, upon the summary application of any party to the suit, or of any person directly interested in the suit, although not a party thereto, as a creditor or legatee where the suit is fur the a Iminis tration of assets. 138. That when all the answers in ■ cause are filed, it telall be competent to the Court, if' it shall deem it expedient, by interlocu tory order, made upon the motion of any party, to direct any in qutry as to the matter of the cause, or any accounts in the cause, in order that, pending the making of such inquiry, or the taking of such accounts, the plaintiff may proceed in the preparing the cause for hearing ; and that, it the Matter's reprot shall be made before the cause shall come on to be heard, it may at the same time be heard upon the subject of the said report, as well as upon other matters in issue. 139. That, it being in the power of the" Court to order a further argument where it ►hall appear expedient, no more than two Coun. ad shall be heard for each party, in any cause or other matter, un less there be two or more defendants in the same interest, and there each of such defendants shall be at liberty to name one Counsel, and no more ; and the present practice of not allowing, in the taxa tion of costs as between party and party, the costs of two Counsel, where both are selectee! from the outer bar, shall no longer obtain. 140. That whenever, upon the hearing of any matter in any suit, or upon any petition, it shall appear to the Court that the case can. not conveniently proceed, by reason that a solicitor for one of the parties is not present, nor any proper person in his behalf, or by reason that papers which are necessary fbr the use of the Court have not ken deltvereel, according to the practice of the Court. there the solicitor making default shall personally pay to all or any of the parties such costs as the Court, in its discretion, shall think fit to award. 141. That th e sworn Clerks of the Court, and the waiting Clerks, I be no longer allowed to claim any fey for attendances in Court, upon any day or days when a cause shall be in the paper forbear ing, or when a cause, appeal, re-hearing, further directions, plea, demurrer, or exceptions, shall be in hearing, or In the paper after haring been part heard. 142. That, as the taxation of costs by the Masters necessarily ' occupies a considerable portion of their time, whirl, from the in. creased duties proposed to be thrown upon them, will be mote beneficially employed in other matters, it is expedient that the Masters should from henceforth cease to be the officers far the tax ation of costs, except as to the costs of approving and appointing receivers, managers, and consignees and committees of lunatics' es. tates, and of passing their respective accounts. 143. That it in expedient that the taxation of all other costs should be transferred to the Six Clerks in Chancery, whose time is not fully occupied by their present employment, and who, upon being relieved from all attendance in Court, will be adequate to the discharge of this new duty. 141. That for the relief of the Six Clerks. one of the entering Registrars do at all times attend the Lord Chancellor's court, during its sitting, for the purpose of publicly reading to the Court depositions, deeds, documents, and papers, as OCCAI•1012 may re quire : and that the other entering Registrar do, in like manner, attend the Vire Chancellor's court, during its sitting, for the same purpose ; and that one of the Secretaries or causes at the Rolls do in like manner, and for the same purposes, attend the Court of the Master of the Rolls during its sitting. 145. That, inasmuch as several of the present Six Clerks are either far advanced in years, or of infirm health, and may not be equal to the great additional labour which will be thrown upon them by the duty of taxing costs, it appears to be reasonable that they should be permitted to retire from such offices, and the other minor offices which have been constantly held therewith, upon being allowed mutual provisions (during the terms of their lives), equivalent to :heir emoluments, taken on an average of the last three years. 146. That the Lord High Chancellor, the Master of the Rolls, and the Vice-Chancellor. do take into consideration the alterations here proposed, in the offices of the Six Clerks, and entering Re. gihtrnis, and Secretaries at the Rolls, and do thereupon suggest what shall appear to he reasonable with respect to the future emo luments of these officers. 147. That the same rule which is now applied in the taxation of costs, as between solicitor and client, be applied also in the taxa tion of costs as between ring and party; unless, in the case of coats between party and party, any of such costs shall appear to have been unnecessarily or unreasonably incurred. 140. That upon all orders titr payment of costs, or where a party is entitled to costs, according to the course of the Court, there the party to pay the coats shall, at the same time, also pay the further colts occasioned by the process to enforce the payment of the costs ; the amount of such furher costs being certified by the Clerk in Court of the party to receive the coats. 149. That where a writ of execution of a decree or order iv duly Issued, the party charged by the decree or order shall, In all cases, pay the costa of the writ of execution, although it shall not become necessary to issue an attachment to enforce obedience thereto, such costs to be certified by the Clerk in Court of the party to receive the same. . _ 10. That in all cages where an order nisi is made, that a person named do stand committed. unless he do an act specified, there the costs of such order nisi shall be paid by such person, although he does the act in obedience thereto without further order, and whether such person be or not a party to the suit, such costs to be certified by the Clerk in Court of the party to receive the same. 151. That the penal sum in the bond given as a security to an . swer arms, in a suit where the plaintiff's"' out of the jurisdiction of the Court, shall he increased from 441/. to 1001. 152. That whenever costa arc ordered to be paid by n person who is not a party to a cause, or where an order is made in bank ruptcy for the payment of costs, there the psyment of such costs shall be enforced by subpoena and attachment, in like manner as the payment of costs is enforced against a party to a cause. 158. That the deposit upon exceottuns to the Master's report shall be increased from M. to 10!. to be paid m the adverse party, if the exceptions areover-ruled , and in such case the o<eeptant ohs!l also pay such further sum as the costa occasioned by ilic exceptions shag amount to upon taxation, unless the Court shall think tit to make other order to the contrary: but in case the acceptant shall in part succeed upon his exceptions, then the deposit shall ba dealt with as the Court a3tali direct. Lit That the deposit made upon appealing from any decry: or (inlet of the Court, or upon obtaining a re-hearing of any decree or order of the Court, shall be increased from 101. to 201. to be paid to the adverse party when the decree or former order is not varied In any material point, together with such further sum, an the costs oc casioned by the appeal or rehearing shall amount to upon taxation, unless the Court shall think fit to make other order to the contrary. 155. That where a person is in prints) for disobedience of an order of the Court, directing hint to execute some deed or other in. ntromenr, there the Court, upon motion or petition, supported by an affidavit that such person upon application duly made to him, after he had been not lent, than one week in custody, has again re fused to obey such order, oh All, if it think tit, authorize one of the Alesters of the Coon to execute such deed or other instrument, for and in the name of such person, and the Master so executing the sante shall note tinder the name of the party so signed by him, that such deed or other instrument was executed by him, in pursuance of the sutho-ity given to him by the said order, and a copy of such order shall he endorsed on the said deed or other instrument, and the execution of the said deed or other instrument by the said Mas ter, shall in all respects have the same force and validity as if the same had been executed by the party himself; and Mandiuch as the order of the Court dire•;ting the execution of such deed or other in strument, may be appealed from, such deed or other instrument shall, after the name in executed, be impounded with the Master until the further order of the Court t and on the day of its execs• tins notice thereof shall be given by the adverse solicitor, to the party in whose name the same is no executed, who, upon applies. tion to the Court, and payment or tender of the costs of his con. tempt, shall thereupon be discharged out of custody. 156. That where a party obstinately retains posse/Won of lands, or other real property, after a writ of executinu of an order for deli very of possession has been duly sesyed, and demand of possession made, and upon an affidavit of suer ---,vice of the writ of execution and of such demand made thereunder, AO a refusal to comply therewith on the part of the person agahret whom the writ issued, the party looting it be at liberty to iAlie not only the attachment for breach of such writ, but also the writ of assistance ; and that the intermediate writ of injunction further commanding the party to deliver possession, be unnecessary. 1 5 7. That no Counsel do prepare or settle a bill vrithnut written instructions from the solicitor ; and that the s;gnatdre of Counsel to a bill he in future considered as a certificate that, assuming the instructions to be correct, it is not unfit that a bill should be filed. • 130. That where the same solicitor is employed for two or more defendants, and separate answers are filed, there, upon taxation of such solicitor's bill, whether between solicitor and client, or between party and party,the taxing officer shall judge of the propriety of the solicitor's conduct in this respect, and shall allow or disallow ac cordingly the costs of such separate answers; and his decision thereupon shall be final. 159. That in all cases where a person, who is not a party. ap pears upon any proceeding, whether in a cause or any other matter, there service upon the solicitor in London, by whom he appears, whether such solicitor act as principal or as agent for a solicitor in the country, shall be deemed good service on such party, unless in matter or contempt. 160. That there be, at least, two clear days between the time of service of the notice, and the day of hearing of every special mo tion ; and at least two clear days be:ween the time of service and the day of hearing of every petition. 161. That in all eases of orders nisi to confirm reports, the same shall be served on the clerk in court without order, and that such , orders nisi may be obtained upon petition, as well as by motion. 162. That the order nisi for dissolving the common injunction may be obtained upon petition as well as upon motion ; and that such order be served two clear days before the seal. 163. That, where a plaintiff reads any part of the answer of the defendant, as evidence, there the defendant shall be entitled to have also read as evidence any other part of his answer, which ex plains or qualifies the passage read by the plaintiff, although it be not grammatically connected as a member of the same .entence ; but, if such explanation or qualification, whether connected or not as a member of the same sentence, affirms a fact, the defendant shall not have the benefit of such fact, in evidence, without prov ing the sante ; unless it appear, upon the answer, that, under the circumstances, such fact is not capable of proof; it being under stood that this rule does not prejudice the present right of the Court to refer to the whole answer; or the present right of the de fendant, in certain proceedings, to have the whole answer read to the Court. 114. That the present rule, that the Courts of Law cannot, on an action at law, award a commission for the examination of wit. nesses who are resident abroad, unless the party not seeking the commission co,rsents to the application, and the necessary conse quence that the party desiring such commission is compelled to resort to a Court of Equity, in order to obtain it, where the other party does not give his consent appears to us to occasion delay and expense, which may well be avoided ; anti that in future, tit' Judges at Law should be invested with full authority, at their dis cretion, to award such commission, at the request of plaintiff or defendant, although the other party do not consent thereto; and that such commission should no longer be 'wattled by Cot.rts of Equity, unless in cases where the actual purpose of the bill is to obtain a discovery also; and such purpose shall be verified by an affidavit, to be annexed to the bill. 105. That when and as often a* it shall appear expedient to the Lord High Chancellor or Lord Keeper, m respect of the weight and pressure of business depending• in the Court of Chancery, it shall be lawtul for the Lord High Chancellor or Lord Keeper, upon any application duly made for the writ of Habeas Corpus, to award and grant such writ accordingly, and to make the same returnable before any one of his I%lajesiy's Justicet. either of the one bench or of the other, or before any one of the Barons of the Exchequer; and the Justice or Baron before whom the said writ is made returnable, shall proceed therein, in the same manner as if the said writ had been awarded or granted by such Justice or Baron. tro be eolith:lied.) ABDUCTION. TO THE EDITOR OF THE BRITISH PRESS. St consequence of the misapprehension which exists relative to the punishment which may be inflicted for an offence of the above nature, I beg to put your readers in possession of the following statement : By stat. 3 Hen. VII. cap. 2, it is Enacted, " that if any person shall, for lucre, take any woman, being maid, widow, or wife, and having substance either in goods or lands, or being apparent to her ancestors, contrary to her will, and afterwards she be marled to such misdoer, or by his consent to another, or defiled ; such person, his procu rers and abettors, and such as knowingly receive such woman, shall be deemed principal felons." And by stat. 39, Eliz. cap. 9, the benefit of clergy is takcu away from all such felons as shall he principals, procurers, or accessaries hejhre the fact. In the construction of this statute, it has been determined, first, that the indictment must allege that the taking was for lucre, for such are the words of the sta tute ; 1 Hawk. P. C.,e. 42. Secondly, In order to sheer this, it must appear that the woman has substance either real or personal, or is an heiress apparent; I Hal. P. C. 660 ; I Hawk. P. C. 42. Thirdly, It must appear that she was taken against her will. Fourthly, It must also appear that she was afterwards married or defiled. And though possibly the marriage or defilement might be by her subsequent consent, yet it is felony if the first taking were against her will ; 1 Hal. P. C. 660. And so, 1 con versa, if the woman be originally taken away with her own consent, yet if she afterwards refuse to continue with the offender, and be forced against her will; she may from that time as properly be saitljto be taken against her will, as if she had never given any consent at all; fur, till the force was put upon her she was in her own power ; I Hawk. I'. C. 42. It has been held that a woman thus taken away and married, may be sworn and give evidence against the of fender, though he is her husband de Nero, contrary to the general rule of law, because he is no husband de jure. in case the actual marriage was also against her will. I Hal. P. C. 661; Cro. Car. 488. I have given you the cases nearly in the words I find them in the antlioritie#, thinking, from a case which has recently occurred, that they may be interesting to some of your readers. I am, Sir, yours obediently. Temple, 28th March 1826. STUDENB. LIVERPOOL POST OFFICE. The following Liter has been addressed to the President of the Board of Trade, as one of the Members for Liver pool, relative to the delivery of letters in that important mercantile town : (cora) General Post Office, March 18, inn. Sin—l am commanded by my Lord, the Postmaster-Oenerid, to acknowledge the receipt of the Memorial which you transmitted from the bankers, merchants, and others, of the town.of Liver pool, stating, that notwithstanding they pay two guineas per an num foe separate letter (loxes at the I Office, great confusion and delay, as well • 3 personal and commercial inconvenience, are occasioned from the inauflicient number of clerks, and the want 'of spice, and a proper arrangement of the windows from whence the letters are delivered. I have the satisfaction to acquaint you, that previously to the receipt of the Memorial. his Lordship had anticipated the main object of it by bovine authorised the appointment of two additional clerks at the Post Office at Liverpool, and he has since communi cated with the proper officers, with the view and in the desire of insuring to the initabi•ants the full benefit of the increase to the establignnent. lam directed to explain that the remuneration for the extra trouble and expense of keeping the private bozo; is (as usual at other offices) one guinea, and not two guineas, per annum ; and with respect to the arrangement of the office, his Lordship is assured that no pains nor expense have been spared to render them convenient ; and his lortris'sip further relies on the zealot the Post- Master of Liverpool to afford every possible facility to the public convenience at that place. 1 have the honour to be, &c. &e. T. FREELINO. The Ri2,ht Ilan. W. &c. &c. ASSIZE INTELLIGENCE. OXFORD CIRCUIT...-5011T11, !Walnut 2b, left The Assizes commenced here this morning. CIVIL SIDE. Mr. Baron GARROW presided on this side, and tried fourteen Common Jury causes; no one of which presented a feature of the slightest puJlic interest. CROWN SIDE. (Before Mr. Justice PARIE• 1 Thomas Jones, otherwise Thomas Thomas, was indicted fof fa lonioualy intermarrying with one Anne Thomas, spinster. ow the 17th of October, 1825, he well knowing that his Mmtet wife, Mary Jones, was then alive. Mr. MAUL): opened the case !or the prosecution. David Evans stated that he was a constabie residing at CartlifF. On the 18th of the present month he exantin►. the parish register of Kenligg, and there found entered th e y marriage of the prisoner with his first wife, 51ary Ilawkins, ci the 234 of March, 1810. Witness produced a true copy of the marriage register William Ware stated that he was a blacksmith. He was pre sent at the prisoner's marriage with Mary Hawkins in October 1818. After that they lived together as man and wire usually do, ■nd had children. 'rite witness saw Miry Jones alive on the 81U of this month. . ....... On 51r. Baron GARROW asking the prisoner Whether he would ask this witness any questions, he said that his first wife had left hunt, and had gone to live with another man whom she said she preferred. The witness said he never knew that she kept company with any other man. John Jones, a constable, here produced a true copy of the parish register of Christchurch, in this county, where the prisoner was married on the 17th October, 1825, to his second wife. Edward Lewis said he knew the prisoner, and went with him to be married on the 17th or October 1825. He then saw him married to Anne Thomas, at the parish church of Christchurch. Anne Thomas, the second Wife, an interesting young woman, was then called, and was a good de a l aft.cted. She sai d the pri soner married me in October last. lie said his name was Thoth/us Thomas, and that he was a bachelor. I was at that time en un married woman. '1 he prisoner lived at my father's as a servant. He paid his Conft to me ; and at the time 1 married him I had. nr. notion that he was married to another woman. Before our ma' riage I was pregnant by him. I shall be twenty-one years of rie; in May next. I was persuaded by him to leave my father's home with him before lie married the. 111achli said this was the case for the prosecution. The prisoner. upon being called uptm for his defence, said that he had parted from his former wife sax years ago. She parted with him df tier own accord. amid told him that she preferred anotrier man to him, and therefore he might go where he pleased. She also told him that the last two children she had were not by hint. When he married Anne Thomas, he told her that he had parted from his ant wile, and he did Dot know whethet slie Was dead or alive. The Jury found the prisonerOuilty: Mr. Justice Paine then addressed the prisoner, and erpreaslad himself perfectly satisfied with the verdict of the J ury. His Lord ship said that there were circumstances of great aggravation in the csae, because the prisoner had destroyed the peace ar d ruined (he character of an unoffeniling young woman, and row attempted to palliate his crime by alleging that he had not lived in peace and harmony with his real wife. Even if such it statement were true, it would be no defence. His conduct was most infamous and scan dalouS: for it appeired that he—a married man, with young chil dren of his own—had debadched the daughter of the person whose bread he ate, and to whom he was indebted for employment. Un der all the circumstances. his Lordship thought it would not be fit for such a person to remain longer in the country ; he therefore sentenced him to Seren Yea:l"franspomition. TREASURE TROVE.—An imperfect statement appeared In tome of the Papera, a short time hack, respecting a quantity of gold coins found in the neighbourhood of Monmouth. We subjoin the facts, as ascertained by our Correspondent on the spot, and they are these. About two months since, as some workmen were cutting the new road that goes from Ross to Abcrgavenny, through Skedtrith, Ore of them struck his pickaxe into an old iron pot in the bank. and broke it. Several gold coins immediately tumbled ant, and the fellow, after having helped himself plentifully, decamped, and has never since been heard of. The coin left consisted of NI Jueobuses and laO smaller gold coin of the reign of James 1. , some of the size of a seven.shilang piece, some a large as half 1 goMea, and others of an intermediate size. The Duke of Ileantott. as Lord of the Manor, made no claim, as has been erroneously stated but Mr. Jones, of the Oriig, who owned the land where the treasure was found, had it valued, and made a present of one third the value to the workmen. NORTHERN CIRCUIT.—Yong, MARCH 27. RIOT AND A9BA►"LT. THE lODIC C. MITCHELL AYD OTHERS. Mr. ALEstANDILI opened the indictment, and Mr. Sergeant Coors stated the facts. The prosecutor is a shoemaker, residing at Mill-bank, in Sowerby, near Halifax, and the dctendants ate the surveyor anti constables of that township. Between eight and nine years ago. Jeremiah Booth, of Sowcrby, elected upon a portion of the waatea of Sowerby, with the consent of the Lord of the Manor, a stable and middenstead, adjoiting to the Methodists' chapel yard, which forms a part of the waste of Mill-bank. Thaw con veniences he continued to occupy, free from molestation, until he sold them to his son (the prosecutor), for Some time after the sale, the Lord of the Manor inquired if the prosecutor had not erected some building on it, to which he replied he had, pointing out his premises, and the steward assessed the rental. The prosecutor tearing occasion to extend his premises, bargained with Colonel Parker for the purchcse of a slip of waste land, and, with leave of the steward, began to . enclose h, Soon aftee, he received the fol lowing notice. _ " Mr. Joseph Booth. Mill-bank. " In pursuance of the directions of the Act passed in the 3d year of King George the Third, for the amendment and preservation of the highway, I hereby give you notice forthwith to clear off du rub bish laid there by doll, at Ducks.dane bottom, within ten days from the date hereof, or you will be prosecuted as the law directs Dated 31st March, 1825." This was signed " John Heap, Surveyor of the Highway, Snwerby." After this notice, another was sent to the following effect : " I hereby gi.e you notice, not to set up any buihling to In crautch upon the Itoattes; if you do, I shall have to pool dotal the same again, and the expenses are recoverable by a warrant from a Ju•tis of l'eas. " JOHN HEAP." The prosecutor took no notice of these, and proceeded with his building to the height of one story, when lie was summoned before the Magistrates, who dismissed the complaint. On the morning of the 15th of November (eight days after the service of the last notice), whilst the prosecutor was breakfasting with his family, Booth, the proseeutdr's broker, entered the house, and told him there was a number of persons approaching, who were going to pull down his new building. The prosecutor, not apprehending such an event, continued his breakfast, until alarmed with a noise from without, and on going to the door found a large concourse of pewits coming towards his house, at the head of whom were Ely Mitchell, the surveyor, and William Crossley, the constable. The prosecutor instantly stepped forward, and, addressing himself' to Crossley, said, " I charge you In the King's name, to assist me in protecting myself and property." Crossley replied, that he did not think the prosecutor or his charge worthy of notice. The prose. tutor then addressed himself to :Mitchell ' the surveyor, and the populace generally, and inquired the meaning of such a con course of people being assembled, when swine one replied, " We are going to pull down the Lew building of yours." and immediately (idled to the mason, who was building the front of the house, to come from the scaffolding, as they were determined to pull it down. On hearing this, the prate. tutor went on the scaffolding. and said, " 1 stand here to protect my property ; if any man touches it, he does so at his peril, and I charge you again ( addressing Crossley), in the King's name, to as sist me, as I am afraid of my life." To this appeal, Crossley answered by getting on the scaffold, and seizing the prosecutor by the collar, pulled hint to the ground. He then, with the as sistance of the defendants, Wykle and Culpan, and several others (the prosecutor not resistieg) placed upon one of his wrists an iron hand-cuff, and seizing hint by the other arm and round the wrist, hurried him off', to the dismay of his family, from his own home, innocent of any offence, and ignorant of the cause of his appre hension. After proceeding to a sliort distance, they seemed to alter their mind, turned back towards Booth's house, and by another road, which was the most inhabited, hurried him to the Triangle Inn; Crossley, the Constable, holding him fast by one arm, Culpan by the other, and the Defendant Jennings pushieg at his back. Stich was the violence with which he was conducted, that his coat was torn in two. Unable to bear their pressure, the prosecutor said they had better loose hint, and it they feared his endeavour to escape, they could hand-cuff the other wrist, upon which they . fastened both his wrists together with the handcuff's, and in this way he was led to the Triangle Inn. After being kept there about four hours, he was taken to Halifax, and there eonducted through the principal streets handeudliti, to the Magistrates' office, where he was at length liberated, on entering into recognizances, with sureties foe his appearance on the following Saturday. The Learned Sergeant then proceeded to call the prosecutor, after whose examination his Lordship said it was no doubt a most violent assault, but it could not be called a riot. The hand. cutting was a gross outrage on the liberty of the attbj. - ct. Hu suggested, however, that twine mode of settling the matter should be agreed on ; and it was ultimately arranged that a verdict should be taken against Crossley, Jeoniegs, and Culpan, on the third count, tOr an assault, subject to the award of Mr. Milner, to whom all matters in the prosecution against James Booth. at the Assizes, for an assault upon Crossley, and in another prose cution, depending at the Sessions , were referred to .51r. Miller. tit mark out the boundary of the King's highway, adjoining Booth's premises, and to pull so much. if any, of his buildings down, as encroached on the highway, anti to determine what compeneation (if any) shall be paN to Booth for the assault and imprisonment. Verdict to be taken against Booth for a common assault, on the indictment pending at the Assizes. IMPORTANT TO SURGEONS ,AND APOTHECARIES. _ ROIIINSON V. 111:1.‘%oarn. This was an action brought by the plaintiff, a surgeon, residing at Huddersfield, against the defendant, to recover the sum of 111. Itis. Ha., being the balance of a bill delivered fur medicine, and attendance on the defendant and his family. Alr.lit.ace Rune, for the plaintiff, way about to call the appren. tire, to prove the attendance or the plaintiff on the defendant aid hi* taus.i.y, and that the medicines charged in the bill were furnished ; a hen Mr—Jim:hie' BAYLEY stated that such evidence would not b e sufficient, %MU' it should be first strewn that the w..s A i 5j ~a 4 I 1 1 I I ,~ ~~~!