The British Press; or, Morning Literary Advertiser. — London, England, 1824-11-12 00:00:00

CIP evidence to spew that he had delegated such a rower in the ptcsent instant e. Kr. J itruce TtAv t. y— Did .1 appear that t ieneral Fuller had any authority to dispose of such a commission 3lt inn(' - oeimast—Ntise whate.ar, my lard. It was only given in eridOnee :hat at the time lie was Actin. l'oinmarider ;but 110 1011'h of power to him waa at all given in evidence, or even to exist. The main proposition on which lie (Mr. it.) •ried vow, t: at Colonel Arthur, bong on half-pay, was divssted rf la : 7 •l , tary chat atter, nod could not set as the superior at C'olimel 'em dtsv,oho was on foil pay, end thetct.y became entitled to com mittal the Karrianii. That an officer on lialf-pny was rot a person cothisd nt4rry potion In tegittiental rank, bad been folly eivoNtslied htt Mew/non iu tht cat, of li , tortal Rots, in 17115. It ts-ts thtrc &third, 'hat an offer on Wolf-pay wa4 not amenable to a teal Iry ct...tt-imata:,l. A ti.lr.pat ofti..-t did not powitss .agi tortital t• .k ; F t rtc...l%eti his half-pity inertly at a compensation tonst 141..^[ 4 . . . . Nit. Jan!law Ilan r M.- Anal as a retain( r f,r fattier ai•u,. t nut. t• HAM— No, toy laird. lam prepared to deny that his Maica•y coon rail mit aoy Mho-. r on 11.4 V-tiny. 'Tin true he can • h. 31 ; an tint he blot t h.na•n an (.17icer on full.pay, hut I contend thia the principle on whit ha halt-pay officer receives his Isalf.pay, i• as a ,a•:olnnsateon solo ly for pant scrviren. Th.. Lon r .luny int. su,'.tt• •ted that they were now upon • Batt itioti:ater , al to the Ivan. at the trial. Mr. I!ht.t - thane runaway', aril contended dial sinither the Muti. soy Act, the Articles of War, nor any other Act or Parliament. in. • sited the h , eg will, the poser of delegating the, mht to invent olliecr. with sae'. a military tootemosion as that which the defendst.t chrtrovl :, have del teed from Gencral runts. These were th.• n.•.r''• on atm h I.•- !moo d fur the m•tr trial. II in hardship was : :35a '0 , 113. toi. , llllaltitoll :at tt,.• trial either to move the• Court rato test :,c• that Cial. ,Irtf•cc had no military power at HOTaluran„ a• +•ct ! at eb.• tee-nen it hoot camiticent imibo.rity, or to tender a bill set exceptions. Ile (Mr. H.) had refine( ol the former Nome. The *question, hi• 1 or'' lay wan ialcare al Wan out of recut impor tst ow., and wus of the fulhint The Loin) en .IUnTII. proan-det to read hi• note* of the Mal, and particularly adverted to the tindery: o f to..ir Henry Ter- Erna zed !fir Illcrbert Taylor. The sttlantance of their evidence wan, • the military character of the defendant wan not at all alli•etcal eitcunistatice of his hating been placed on half-pay ; that if be tri ! a •vff:appointntenl, lot, by virtue of other appointments, he at . :, I an military commandant, his right to continue an to art was am: at all dist:iui•hrl or rah o•nr.l by bit b..ini! placed on half.pay. The reduction of the York Cita...ems c•ntbt have hail no egliet un io.+ nitualion, eitlirr as to his civil garcroinent or to his CAlaseity of it.!litary commandant. The farther it...divinity of ibex 1/1111 , Sttell ►r.d the others examined on the oerashin, tendril to show, that the validity of his military character was not at 311 affected by the rcduc ru• ut the particular re::iment to which be WAR attached. Mr. flatiron Ant -••Thl• evidence, or rather the ►entimenta o r Ave CO 'l. I wt., is not at all nateofacto-y :.5 to the question of law er. which I 3118 &Salami,: tor the iltieisiti.i ..1 thb l'o.ort. . -Th 1,1% 'moo% n mi.lence inferred Put: i•iNtmocv, which came within their kfioulti.lge mod obnerva vton. _ r. 1 1 iltot:011A14.--1 111 no, my lard. They fortiore from static!! y ig.r the inrntnr7r Ow oilier way ! lie (Mr. 1;7E3,E1-owl ri ady In admit, that it tht re war any evidence to show t 1 n• Colonel Arthur, by virtue of rah r •111•1114•WIIV., was untitled lo hold Ow military command at Ilitmlitras, then the •rcuu:%;,,ee , i.t the mitietion of the York Chasseimi was unimpor a-t ; hut in tin. ahr.in— %mil evidence, he maintained, as a legal !nip, th.it as an r 1 , 11 Lal.pny, he was not amenable , ;, youtt-llarti.d, a: hr w.e4 not irgarikd as clothed with a tuili i_ry ch, , acter i , l tiny of the Aetna Parliament relating to regimen t.: rank and the Titles of snilit:try service; he was not entitled to o‘.; f , :O 0 I' "HMV., to au officer qualified by his motion to 11.'e aMt . .. . . Mr. ju,iiet llot RIP YII —A mower, in my opinion, may be tlele• 0:1 to o thig in lemmt eltuotries, where the spur 1.1" the ruelon hot? I:mlire that it p.r.on may be immediately investctl Wt!‘, a Ch 111.11., 111:. Itaot r.nna stiliniiifrol that what lie mainly relied firm veva • lito r...11,:;r (PIM Wag notttimptrivd Pi admit), that such P d , ! . gotloo C , •te. , l lie riven, vet it wit not given in the prevent in gots. re. .17 . 7.1c10f ‘Var gore sometimes certain poweri in oav-: of f•iit. • bet 01.1. y I , l' the special act anti intetievnee ut Pirn.ProrPt. Tlte Leartted Gentlemtm was about to tiller further it-wunic^t serport oldie positions he advanced, when 1 CICLE ingtiired who was on tick other a'dn. ATT , ..!Ary-f;I:PFUAL replied that he wait.. Tte: huPirt Finer J ITICI ru;•grnied the propriety of making CA% a sptt'nl ilea, and C.c Court would cute/un it to-morrow Phis dor.) Th • .1 •r r: Y-6 ENEMA!. and Mr. IlmotiorrAm assented. tiriaT 1:031110N I'LEAS, THURSDAY, Nov. 11. Th': Cool sat at %S . ...or:limiter Hall to hear motions till eleven 1.. C: kit. and at one o'clock the Cifirr Jr Irt ICE wt at the new Coon, in the Cj!:,, hear cases at 21.',n Prins. Ti ^ Court roar he eal!eil a very liAndsome structure, but ea t:vv.:ly iurnnnuo ISoos and tile echo is so loud, that although the Ml , ll. , lrtrind. within three lea of the Judge, the Chief Jto.tiee • .rved, that lie c 01.1.1 sanely bear u syllable. The student's box • unly cap:tide of hohlirg three persons.. and is situated by the aide of ot. of the larg,t doors which open into the Court. We ere Our , 'hut the Atittionites of the City can hove only not ish— ✓airi4v, to nrcumodatt the tespce , able class or student., a-i! that CI,V • I be m easily cff-eted, by splint taming to their use a port of the s 7)acd now alloi•rd to intorno* in waiting. We would further !...iggest, that double ,usiis will be twill' absolutelf lice ary to the ger,zel comfort of Counsel, :tins aid any who visit the Cum. wur tither upon Lnolioess or pleasure. Co? El T. GL'N. This was an actiun brought by the plaintiff, ■ rosch.owner, against the defendant. alvii n CU:llll.oltinef, to recover from hint the 1.111 11)1 . 30L. for s fouling for mix Ctlrriag,.% doting the year 111•23. for the platatiff, Mr. Sergeant Ilrist ow called some of his ser. vaora, to prove that sit. seven, eir'd, OT nine carriage% were stand ing at the premises of the plaintiff; stol tlist from 2i. lid. to 3k. a-week each was the usual price fur standing paid by cite mach. owner to another. For the defendant. Mr. Sergeant TAIIDT produced Mr. Colees receipts to Mr. (Jun for reefs. for the standing of his carriages in MI sod I:122, and called witneoes to prove, that during these years, as well As during WA there were !runt six to nine car:ingot standing on hi. premises. it ass admitted that 201. was paid into Court. ('once JusTicti—The question here is, was there a ge neral letting at 21N. s.rtar, ur was each carriage to be paid lot ? Sergra•nt in reply, contended that as then• was contract proved in the care, the Jury would have to decide by Ow talr and trio i table rule Mellowing NI r. Coles a fair price for the stercline of the defendant's earriugts, tibial he had proved in this the Jury say that 51r. I;un, the defendant. was to Ls", full license to sebd as many carriages as he pleased to th" pro sm,er or Mr. Coles ► Formai:Ns they came to that conclusion, they . wither fir bill client. Tne ruin . '" Jutcricr lorsrtiv recapitulated the tv;dritee to the Juy, who, without lawitation, found a verdict for the defendant. PREROGATIVE COURT, Nov. II ffrAre S.r Joule Nicitot L, coLy IN V. J L 74 'WIC,'" Dr. I.tianitnoTon muted the I;ourt that letters of administrs. ton. shistat be granted to Mr. Colvin, who stated himself to be a errtlitor for N SOW. Mr. Jennings died at Bengal in the year hitting r, widow and aireral children. lava Tenn a citation had been issued. to allow ce llar wilt a decree for administration should not be gr.inted to Mr. and a ropy of the tWice had been posted on the pillarsof the Royal Lachance la the usual instinct. The p.r:r in the iliozese ot Ca/act-bury was sworn to be about o. 000/.-311,t11111 granted. IN Tur tinonA or JAINVI Nli WCIJ.,KAY. ;Mein 1)AIIPE v moved On behalf or a creditor of the late Sir Alexander ilieiwell, why probate should not be &creed to Mut. Idrarned Doctor Mated that th e l a te ht e , lltnwell had appouittil Sir Alexander floswel his role executor, alter whose dealt a w ill was frtit d appointing Na 3011( lilt present Sir James Howell, Ban. a rointw.) his ;Imitator, and appointing S:r James Jkloint.tnnierr Cunningham, Hart., the Marquis of Queensberry.. and Sir David Hunter Illair, Han., curators, or Kuridiator, of the said will. 'flies n. 141 ii-glreted to take out preth:.te, and though tool, c was personally srevi.sl in this ease, no Apt .4:7 ince had been entered. Mutton granted. IN TIIR ...... I$ 111 nuon 1111.1(INSON. !Meter !,ants urea stated that Mr ;i!son, formerly of lcua.i, died in Rath, leafing lns broth,T, Thomas Wilkinson, t o. next skin, sole residuary legatee. The decreed had executed t.wo ciaitc.ls to his wi:l at the (:spe of llood !lone, worming four egeeurr , , of whom only two Low survived. Those two were cited in the last to Eppear and allow cause why pro!,sie of the roods sal rinittels of the deceased should not be granted to the brett:,r. Ooze was no appearanc.: given, and the I.eamett ltuctor moved tur probate to be granted to Thomas IVilkinson.—Modem granted. Di rut Goons or ilex LIAL Oa the lost day the Court sat, an application was made five per. tiii,sion to tale e out of Court the will of the deceased. fop the put. pest of producing it in the Court of Session in Seotkind. w h r , it was deetned accessary to have it, as large property wan depending is a rause there. Au the application woo of a novel nature, hit John !..triaull desired the parties to consult the Registrar, 011 the serittity to be given t h at it would lie safely returned. Jl.uNea on this die stated that the Registrar felt sonie dif ficulty in settlit.g the moue of security. IlLatcri•N —Thcr r are two ways t one to get secunty that it will be rcterned ; the other, delivering it to the coeditors under a petwols, aceninpfulied with the cat:heat.: of two medical persons, which would slimly the Court the representation made was un- Conn/Ird. The affidavits stated, that Mr. Pollin was known to Abigail %Veldt, with I,IIODI he lodged until the 20th October last, and who considered him to he in a perfectly sane state of mind. The affidavits of A. C. Webb and Benjamin Laurence stated, that they bad known hint far a long period, and that they were present on the 11th of September lasi, at the opening of his lather's will, when he conducted himself in the must comet manner; that on that tictaiiou two papers Were fittiflti, alloollrat other titeets. pealed up, !Kintigh g to the deceased Mr. Pollin, which accompa nied their iflfidavits, being letters addressed to the father front Mr. Warren, the Keeper of the Lunatic Asylum at Battersea, in which 11r. jun. had been et.nlineil, and were to the follovring effect : " Battersea, July 13,1824. " Dear Sir,—l shall feel obliged if you win procure ;mother inflation tot your sou. tei I conceive him to be yerfectle sane at itre4ent. " L. IV." Amotor states— " I cannot let your son continue confined, and request you will not keep him longer Lie." Dr. SitibliAti'l also rail the certificate of Doctor Rummel', of lboser-itruct, and tlr. eletcher. of Chelsea, who stated t h ey had aecit I • within the last two days, and they severally cone,ived loin to be in a sane state of •d. Ile (Dr. Stodflart) trusted t;u delay would take place in graining him letters of lion., as lie complaitied ut tinfoils injury being alrently done to I • by the represenuoitms width had gone forth, stating that he had law:mulct' was of an iinnintal eli.triteter, and WM hot.tiling hi, pm perty. *J'etie !thin:m..las he denied to be true; at.d though they ore, not made on oath, they had been fairly met by the present &c. ; and the Cowl would see dint the sticet of delay would be to blast hi, l'ature intnpect, altogether. Ili . Was an alierr in the army ; ;1,0u ; ;:, at preatim uu liall.pay, yet looking to speedy, Sir Jong NICllOl.L—Tlie Court on the last day order.td the motion to stand over, Ils.ot he might have submitted lomielf to the inspection of Ilr. Powell, under wham: care he formerly was. It is no doubt unpleasant for ally petaon to be doieribed as a lunatic, particularly when he coon, into Court perinnally to disprove it. But with the fact stated. that ho had been confined, the Court was h in it to take corn that he should not i..jitre his property. Its% ior sill s lot Wt., who stated 111.-tter al:: bast tiny, IletC ton , to oolo:ro,s lips ,'oust. . o, ....... •...... cioti vt I*--I object to any discussion on the psrt of any person not Nip. in log i•i the care. No eppesrance has hero Made; 11131 Illy Lli.! Cl/1111,1Uil:h of the statement made as irregular on the hoot .a occasion. I lowe nu eh:welkin if you say vou appear for any party. Irusiti xciros- Theo I apprsr on behalf of ?limy Ilin. ton, the aunt aril next of hin, and in the statement 1 made on the last day, in behalf of the aunt, 1 was inst•mocil by a solicitor of eminence to oppose the granting 'emirs of itdminisoration to the young flint), stint stated the eircunistaorts respecting him with ..... regret. The aunt in 10 give ally opposition to him of what was at that time prop..‘ , ll by me, and ,what the Court thought treasonable and join to be *revisits' to, viz.—that he would 11%) !Mai: before the saute Dr. Powell, under whose certificate Its vas formerly en:doled. The certificate produced ran unt have the same CIE , tas a f hint ; and unlsas he 1101.6 K /JO to. we is the court , we hive talion. :4.1. Nit ii t.i.• -Where a party applies who will have an in terest in the pttliterly, whd states the minim is of on insane mind, a,:11 the kittowlrtf:te of the fact before the Court that he was already contimil under that inalsrly, and where the 'tome.: are willing to prove what they stand, the Court arc hound to pause before they grant him hitters of administration. Jr the opposing liarty prove what they state, administration will he grinted to then for the lunatic's interest. pending his lunacy. If their averments should be disproved then tiny will be derwrid in all the costs. Dr. STontianic said 3lr. Pollin was then in Court, and offlired himself fur its examination. Ile considered the nietlicalcertifica'ea steady produced would have been deemed sufficient. file. Pullin here stated, by his !hector, that he would submit himself to die examitialion of lie. Powell. LPr. I.l.NtoiN wr —2l'll4.ta I plitlz , itlystlf to w:thdraw all op position on the part of the aunt. Sir .1. N 14.1101.1 -- Colin was far from supposing the patty was insane. and In , did out wish it to be entinderell that it did ; and the offer ut would remove evti y INSOLVENT I.:LETOIte VOEKT, 'I'IIL'3I►IAT, Nov. 11. The following ir martns, against whom no orposition was en. tend, were &elm.: entitled to their discharge, s it.- -Win. Brock. in:Von. of Langdale street, St. George'. iu the East, tailor; Henry !Lanett, of II , Jloundaditch, orange-merchant ; John Halliday, of M incliin- I I atnpton, Gloueesteraiire, wearer; and W. Cedes. . W. 11. Campbell, late of Ilishopsgate-stroet-within, victualler, wan struck out, he living declared out of custody ; rod Robert Ri der, of ireat Surrey-strect, tailor, for not appearing. The tollowiug w, re discharged. the opposing crrt:itern not ap pearing, Janua Rental', Eburpplacc, Pimlico, butcher; Janies Warm:). of St. John-ntreet, Clerketiwell, coal-dealer ; John Real, and Chtinea, surveyor and auctioneer; and Zatintrialt llokler, of bong Ashton, nsmr Dristol, coumnon-carrier. /MPOR TA NT rrrn E QUESTION—PARISI! OF ST. ANDREW, IIOI.IIOIIN. Yesterday this long.pcnding ease (ame on to be heard before Mr. Sergeant SELLON, and Wst. L. ltou Ent and ALan S. Latist:, I:sqrs. at llat , on-g•snlen Office. Alr..lcttrwr.rttt•:a, the Barrister, and Mr. Griffiths, one of the Vestry Clerks for the Upper Liberty of St. Andrew's, appeared to Cltlllitirt the Rev. Incumbent's Case. 31r. lIAN )lE/i attended on behalf of the parish. The question at issue was precisely this:—The present Rector, the Kee. Dr. Itercsford, claims a right to exact certain tithes from certain inhabitants, in evetwin parts of the said parish, end in V 3. lion■ nts, without rehvencyt to the site or value of such houses, the tithe, its he alleges, inn being subtracted Win or for the house, but front told Go the householder or handicraftsman occupying and residing therein, and is denominated •• personal tithe." It has therefore I•een kricyl, but seemingly on no fired prineipl... because 1141010 inhabitants appear iti have paid as touch as 265.. :Vs., Ifis., and 14Y. per 1111M.111, while others are subjected only to Us. and and many mine era exempla! ITOIII any charge whatever. On this ground the parishioners resisted the etinand, conceiving that if the Rector wan entidtil to recover by law, the elaiiu would have been equal and universal. n eon.. quutre dart application made at this office aboutlll months sire," se) the pail air the Rector. it was deemed necessary to produce certain books and parish records of ancient slate, to establish the ground urged I, the Incumbent in support ot• his Gains—namely, usage titan time nnmrtuot id; and the Magistrates would then be . to give Aitidre decisive opinion on In:aring the merits of the lit couttiliance with this requisition. Mr. I iritsths. with great labour and ',wort It, got together a tulthierous heal, of musty re crds, so far bacl as the year 1643, with the inten.viug periods up Itt the pit-cut time. . . . Mr.'lllL R l% LT sir a opened the caw. and said lie trusted that cn objectiona would be raised by the defendants no to the mode of service or other preliminary forms, but that they would be content to go Into the malts of to:: question itself. Mr. lino mEtt sa , tl tic we% quite rode to waive every such oh. jection, being sutin:ied that no unfair advantage would be taken of his clients. Mr. MLREWEIIIEII then said, that they would take the case of Mr. Wasp. .4 demand hail beta made on this person for tithe, which it appeared hail been paid by him, or at all events by the previous occupant of the house in which he now resides, for a pet id of neatly fifty ream The main question at nume scented to hint to be, out what grounds was this tithe exacted ? The right of tithes was of too ancient establishment to 11111111 of a doubt gene rally ; and particularly as regarded the present case be could under tab, to shea that it was 110 less valid. Tithes WV payable, it is well known, on ground or land producing eny certain return, and were. designed as a fair and lawful recompense to the clergyman for his labours. When those lauds lay near cities, previous to litmus being built therein, it was to be presumed that they were liable to tithe, in common with other places; but in consequence of the ex. tension of population cilia s were enlargi.d, houses were erected us these contiguous lauds; and was it because the rector's labours multiplied a ith the Increase of population that his income should be diminished, which would be the case if the erection of house u s lands that inertia:sly paid tithes was to abolish that tithe? That, Indecd, would be 1111 unreasonable, a monstrous conclusion. fist the fart was, the tithe now demanded by Dr. Ilkn.sforil was not a tithe on the house itself, it was either a composition for a tithe on land mediae dreinsoniii, for support of the Clergy. which was established by ecclesiastical decree, or it wan a ismtposition Mr per inatal tithe, which was rends-nal initially valid by its haying been paid trout time intmenuoried ; out either of thole grounds the II:- ennthent felt his claim supported ; but lie (Mr. M.) would go on the broad basis of Cll%lOlll chiefly, aril if hi• could, from ancient %runts, shcw that tills tithe had been so paid. hi: conceivid she questiou of right must necessarily be inured. l'he Learned Gen demon then cited the ease of Dr. Dratit, MD., 11th Coke, p. lii, This was a case where a matt named Taylor had refits• il the p tvui, of •ds. claimed by the Rev. as 1101 C, an tie prineq•le al established usage, due to him out of the defendant's 11111.1111,f5. in the !WAWA 01 . at. Leonard and St. Manih le Grand. lit. it,. fendstit contended, that the Incumbent could not slicw authority for the demand, and therefore resisted it. Thy Cowl. however, after hearing arguments our and against, decided the 'Point in Moller. ihltilled favour, on the principle that it atipet,eil to hate been an established custom from thole immemorial. H0n..% er iiliscrved the I.car:”:11 Counsel) it is but justice to add. that . SIARI.11:1ROUGII-STREET. Yesterday, Joseph Brown, an aged and infirm man, whoa* gene. ral appearance was that of poverty and wretchedness, was brought betiwe Sir GE°. FARKANT. by Wright and lineUer, the officers lichit.ging to the 31endieity society., charged with having for • length of time practised the grossest impositions on Earl Urowolow and the members of his Lordship's family. . . 31r. Walker, the acting manager of the above useful institution, attended on the part of the Society, and charged the prisoner under the 3d clause of the Vagrant Act, as • common vagrant, having obte.itted, under fraudul e nt and false pretences, various same of money front the Eel of llrownlow, which offence subjected him to an imprisonment of three calendar months in the llouse of Car. rectum. 31r. IV:ill:a then produced • bundle of begging letters, written by the prisoner to the Noble Earl, and stated that be Ind been in the constsnt practice of annoying his Lordship with these epistles, which contained the most appalling accounts the human mind could suggest of the privations and bodily in.' tinnities of himself and wife, the latter basing been confined to her bed for a long time. These distressing appeals to his Lord. ship's feelings, procured from him the desired object, and the pri soner was continually and liberally relieved. The prismier, upion being (aid on for his defence, said he had been brought up by the Noble Earl from a child, and he and his family were the only friends he had in the world, and if he was sent to prison it would be the death of hini. . . lle was then committed to the tread-mill foe one month. Ay he left the bar, he said he should be much obliged if his Worship would order him to be executed, instead of sending him to prison, as lie was quite tired of his life. Bro Born, the pugilist, made his appearance at this Office yes terday. he having been apprehended on a warrant, by Valentine, the ( 'dicer, fur cruelly beating a watchman of St. James's parish, named Samuel Burridge. The Magistrate ordered him to find bail to answer the charge at the Ses.ions. A■ lien retired from the Office a summons was screed upon him fur keeping his house open at unseasonable hours. 11AIIV-LA-110NNE OFFICE. Mary was brought from the wstchhouse on a chugs of having stulen two silver sitsuns from a constable of the name of Lamb. It appeared from the prosecutor's statement. that upwards of a fortnight ago suspicion was Incited in I:is mind that he had been plundered by the prisoner, who was then living with him in the capacity of servant, and that, as he admitted, by mingled threats and promises, he had extorted from her a confession that she had stolen eight spoons, all of which she had pawned. Six of these were however redeemed by the p simmer's mother, and returned to him, but the remaining two nut being tOrthcoming, he had the pre. ceding night given her into the charge of a watchman. Mr. Haw LINSU X —7'hen, I suppose if you could have got back all your spoons. we should not have heard of this prosecution ! Prosecutor—l'ertainly not. ltAwLissow—Pray let Inc ask, where did )ow and this woman ? Prosecutor—At her mother's. Mr. Raw Lisieux—Then you could have apprehended ha there at any titre? Prosecutor—Yes. Mr. Rawl.' w sos—Why then did you do It of an evening, so u to compel her to be sent to the watchhouse ? l'rosee•utur—l don't know. Mr. Maw UNISON—And you are a eoasahls ? I I wiii be raernen ; the inner, uroverong it to tne t•aecuTors unoer a (011SeTVeta Inc I.e:lr:wit t.eurotell it is but pullet.• to atm. thui .ttnetle.tli. / tIC asimasiii matte Ins t's.cape, no dotilit tarottretl there that it should be returned within a certain tins, and if not Coke 11;•1 a auto on lids cxxe,. wherein lie says, that he deo!): il Iry a 110/11113t..• Ns 'notified by superstition as himself. The Prosecutor-1 ant. lIII:1). /Ur. Raw Llis so w remarked strongly on his conduct, in haying On Sundav List, of ap inflammation in the bowels, aged 4;', Al'. I I much the propriety of that decision. Another argument arose in the Urine they could he pronounced under contempt. AitAtealt isittrolol describes this murder with all the ab- first consented to rim pound the felony, and afterwards needlessly r .. : I Ss JOHlt Ntellol.t.--That will be making the ('curt a pane. saute cue, that nothing was liable to tithe eice it that which 'tars - I ~, l' , !turret:cc which it ought to oteite ; but we mention the exposing the woman to the incoayeniences of • night's Imprison. tha . t city in 1815 and iii_. ~e r The IL En Wrendlt ,tend th it the officer of the 011•11 might he wen mod renews every year, &lid on which tithe was payable aretinong . mein in the tratchhouse. the nth of :November. nil no relief could be obtained. a . with S to Scollatul,ir sunist in • • lather for the sub , 'tient act of the Govern- an.l hr could certify the delivery of it Pi the to the act of this", £,c .; but this utniction was also act aside. Mrs. •• L • i , L ... eti . . . The prosecutor seetned ashamed of his conduct, and expressed lin dentist' iVilliain Ball. merchant. of Lincoln, who woo Maser , ei On th e tone for the 1 ltegistrar el tl:e Omit of Susanna , itmeli as that the ground on which the lioase was erected hat ye. matt hi vouch it gave rise, taLtal for the unt °lmam] air.. his willingness to withdraw the charge, which, under all the air_ recovery of her health, Gallo:UM' Maria , the wife of the Ilea. rib. 4th inst. at After point rtirthcr dow•twooth the p anic% „ gr ,. { .l to give a 1.,,..1 viaaa2v ',dirt such tithe, and it consequently Ind a lawful 1,-gpv ing. di yof tit. , er i Inc itself. We tind iti rite palter of the sth of cumstances of the case, was allowid. A. Hely llutchinson, one of the Commisiioners of l'ustoms for the tog the sire return of the will; upon which it wits ordered to be The ',tamed tieutleittan then cited a case f lturhaty'• Ite- S littiriber. a proclamation Kling from the Government a United 'Kingdom. I IST/Itrillll'-.STREET. i .r.. Pe gi yen thou. ports, which was heanl in 17111, relating to houses in siailk. .. tr ..... ; . 0 .. 14 .. thousalad dollars for the apprehension of the ) 'Doctor S f 01311/11tT VIP 11/ rn r NATTY.* or roll - IN. where the claim of usage was then set up and reeugnisirl by the t ` "".' " ' 11 , E:001111 who, the. soclaination declares, will be tried ac- Yesterday eel that he •lipeared on behalf of John l'ourt, as sulli;Lait gnutiirls hue the demand. The be s t satire which • I and the latter a cook, in the employment of Mr. l'aul Alallett, up. ,7 7 2.. (11 t Torp,a l y i , e i v: v ar o : l ei , rwethlerewitshhetliis hadfaral drier e - uare 31ajoraienend l'houtas Carey, le dil regimmt it I iiravely l'oilin, only child of the bat J. l' o lli st . of Charlotte-row, lie begged to call the alsgiattates attention to, nn tieing ntore cording to the laws. This stain is placed at the disposal of bilto_,L.,tetiorictr,b_ovefo ;: . / Lb i s ii rir.. e r : Li , ll,l . :E . :eTi . rso: i utl . pot ... hi.:::;:ci.cehi:lary}..l:::,..hbeorufrory . ;;;erbrnagpor:rhereereir, (.... u.4 11:t . h . e 9t . ti inst . ... at , tt , le hot . vie of Samielsmi u th r . ti Csiy. .1 , ____,,—, Vauxhall, and slid has mentioned iii our former report) that it was directly pertinent, particularly as to the local circuin,tailees. was the ;11iterieatt :Mil English tlonsule, to be distributed by master; as were also ll'illiont l'eurson, a broker, in 0 intimated to the Court, by • party not regulatly before it, thin Ins one trout Wood's Tithe Cases, wherein the il, tentlant was 311 111118- them N.: we,tt the informer and the person who apprehends 1 ris•nt was in an Oman@ state of mind, anti incapable of talootg out blunt of St. Andrew's parish, the ore now in dispute; the cute the ___, : ~ , . road, with Mary his wife, charged with receiving the property, Morning t 7 min. after . - 1. I Afternoon :1 inns after P. woinrnionvitan ; upon winch intimation the tloart or lend the ease was that of Ilseton and IbbartsOn; the defendant was proprietor of . culprit. Tut. vocational' could not de Mere tO aIIOW that • . . - airiwil d Mr . toe us to rialto attotinistration to the blue 'Soar Inn Ilulborn • this pima' after paying , her • *et ICS it d i sh hot partake 111 the fanatical fe e li ng which prompted ()Mice, be J . Al • ' friattor• • • to man_ over. _C. ta11. 1411. CS .. the . .. • • • . . . . ~ , detailed of • • II .. `., ~ ~..,„ -.1-...• ' Abraham Scriyen (the approver in the late CS•fle of robbing Mr Printed t Till. IIRITISII l'lzr''`' J a via or his (si b.,, sad ar had to Prirducv ilo:a6thirldli of data el Year/. WIN demanded, took an objection, We anal: all that the criminal act cf its atibject. Qaugrove) the ruandesa a must systematic sad ea. Id-street. lltill 'l% A 1 Elt 1111 s 1).1Y AT IrONI I ON ItilllW; 16 . 101, Strand, and pl•I/IiibCd by lie uesiltail, soi- . 1"..... THE BRITISH PRESS. now set lip, that no right could be shows foe its reaction ; a Bill was tiled on the part of ties lunnobent, to which answer was put in ; but when the ease tame cm to be baud, defendant did not appear, and decision was given in favour of the claimant. In re gard to this case, the Learned gentleman observed, that he did not rely much on it, as the merits of the question were nut fully dis. cured; however, it went to show that the Court recognised the principle set out. John Reeve, the Collector of the Itectorial Tithee, proved the demand being made at the house of 31r. %Veep on the 24th of Aug. 1824. and posiuted out ado: receipt-books, with an entry written by witness—" Denied to pay, 210) August.—J. It." On eross-examtnation by Mr. HARMER, the witness admitted thnt he only called at certain hoses; that there were many persons on whom he had no direction to call. Witness did not know that those tithes were considered as a compensation for heater Offerings, or that Easter 011irings were paid by those gendeuten to show lie presented receipt*. Mr. Griffiths, the vestry clerk, was then sworn. Mr. Ilan ate a—lb all the houses in the parish pay tithee ? No, certainly not, though the tithe is demandable. Mr. 11.111)1ER-1M not those very persons and niany others of the parishioners pay what is termed Lester Offerings?—Most ea- Mr. Basler a—AVere those Easter Offerings or Oblations a To luntary gilt ?-4Yes ; I think no. Mr. GARNER—You allow, then, that they hate not been paid an et' CORIUM!! tight ?-1 do. Mr. HA II MT:it-110e% it not appear, then, that they were first pail in lieu of something of common right—personal tithe, for !Is stutter ?-1I turn not prepared to say precisely, but I think not. Mr. 11A/tut:it then stated, that it was in fact quite unnecessary to obtain any further evidence on the question. Ile should, with I.,Tellt respect, submit to the Bench, that in his mind, the very eases cited by the Learned LOUOS,I (31r. 111trewether), in support of the claim, would have quite &contrary tendency as regarded the present Cane. Ily the 7th and 8411 of Wiliam HI. cap. 11. the recovery of small tithes was provided for in these worda;—" According to the rights, customs, and prescriptions, commonly used within the said parishes respectively." Now, if the Learned. Gentleman intended to rely on right and custom in support of his case, lie (Mr. Harmer) did not conceive that the case cited proved the existence either of the one or the Mini, as compared with the present question ; in fact, lie (31r. II.) had to Clank the Learned Gentleman for men tinning the cow of 1)r. Grant—there the universality of the de mand throughoot the parish was distinctly proved, and on that ground alone the decision was favourable to the incumbent's claim ; and yet, it appeared, as was admitted by the learned Gentleman himself, that Coke, en ingenious and accomplished Lawyer and Judge, had, in a note, given a sort of indirect dissent front that decision. Mr. Harmer then adverted to the other cases cited, and °burred, that lie did not conceive them to be at all in point. The second would be resisted precisely on the same grounds as that of Dr. (mat's; and in the third, that of Barton and Ibbartson, there being no derision, it wan scarcely worth consideration. Mr. Har mer then alluded to the Easter Gift, which had been already re ferred to, and hewed to read tin extract from Bacon's Abridgnient, title Ti tbe,let ter .11. which would give a tolerably clear view of its in. tent slid meaning ; it w•oild not have the less weight because coming tam Cie Lammed Chief Baron Gilbert. Speaking of personal tithes, he says, " '!'hat the enstomary payments 'made at Easter, under the denomination of Eater Offerings, were at first a com pensation fur personal tithes ; for it cannot be reasonably supposed that an Easter (Miring is due of common light, unless it be at the same time aupposed,that it was at first paid in lieu ofsume thingduc oh common right, and it stems more probable, that it was at first paid in lieu of the tithe of personal labour, rather than of any other thing." Ilere there was a very distinct opinion on that subject from a very high authority. It is dear, that Easter (Brerings are given in lieu of the very thing now claimed, which offerings or oblations have been paid Cy the persona stimmoned on this occasion. ledependent of this, which might lie deemed a fatal objection, lie (Mr. Harmer) could undertake to show the partiality that existed In the parish of St. Andrew, because there were some persons who had not paid fur forty years before, that were now called on for tithes. Was it, then, surprising that they should not question a right, if it was one, which was suffered to raisin dormant so long ? It was urged also, that many who now refused had paid tithes before: so they might ; but then, they found that they had paid it in their own wrong, and when they dis covered their error It was their duty to correct it. But, waiving every question of right (observed Mr. II.), I shall now, with all due submission, object to the Magistrate's jurisdiction in this case, because I conceive that it is only what are called small tithes, recognised in common law, that are contemplated in the statute. Personal tithes are dente which arise front the labour and industry of man only, being the ter. : h part of his clear gains in trade, which are paid when due, by custom, thought but seldom, in England. This opinion, in regard to personal tithes, is derived front Jacob's Law Dictionary. and it appears very dearly that they were not contemplated within the meaning of those tithes which conic under the above denomination, to which the Magistrate's jurisdiction a; phes. Mr. Al rRZWETIIr R repiied at sane length, and Millet cal, that Mr. flamer ',tented to have fallen into a mieconeeption as to his (Mr. M.'s) views in regard to Dr. Grant's case. Ile (Mr. Mere srether) relied on the principle of usage bmadly, without taking into consideration any o 6 the localities which might have been urged against it. Sergeant Sreenn—Then you do away with the authority of parnelii,l usage; it is necessary to show • distinct understanding as to that point, if we are to decide the questism. Mr. Mtn tw Ernest resumed—The variation of sum claimed did not do away the right, because it was not the house that paid the tithe, but the person who occupied it, and consequently the aunt must necessarily be variable in proportion to his capability. It was laid down by Prideaux, a very ingenious and learned writer, who published a treatise on tithes, that every persou or handicrafts. man, should contribute to the support of the Rector of the pariah in which he resides', in proportion to his earnings. There heel also been a miseatieeptiun of the statute of Edward VI. as regarded this subject ; there were particular exeeiptions fur London, Canterbury, Norwich, and Coventry, Irmo the customary payments of certain tithes, but those esemptione did not at all apply in the present case. The Learned Gentleman then concluded with expressing his belief that the object of the parishioners was rather to ascertain the precise right, titan to withhold from their Rector a fair remuneration for his labours; and in that conviction he would merely express a hope that such an amicable arrangement might be conic to, as would prove satisfactory to all parties. Mr. Sergeant fi !Alm x commenced by saying, he could have wished that a ease of such importance had not been submitted foe decielon to him, as ore of the !tench of Magistrates. It was one of vast consequence, rot merely as regarded the individual pariah in which it originated, but to a certain extent might be considered affecting the nation sit large, and was entitled to thy attention of a higher tribunal. lit regent to the immediate question, whether it should lie disensued before them, lie conceived there was stronger validity in the objections urged on the part of the parish, than might on a cursory view have appeared. On referring to the Act, it did not clearly seem to hint that it see the intention of the Legislature to submit such a momentous question to a Bench of Magistrates ; he rather conceived that the object contemplated was, to relieve the Rector front the expenses attendant on litlga. thin i n small cues, where the principle was clearly defined and acknowledged, and payment rx suited, either through obstinacy or any other motive; but the present question being altogether of • different character, as it is for the eleablishment of the right to ("Rini that the parishioners eciaiend, the jurisdiction of the Magis trates admitted sonic doubt. The question, however, after all that had been advanced. sae extremely narrowed, as the Learned Coun sel who condieled the plaintitrs cue seemed rincipally to rest on established usage ; he eertairly agreed in Mr. p lanner's view of the case which was first cited by the Learned I ientlenian. With respect to the second ease, quoted front flunbury's Reports, it appeared that each patishioner had paid a distinct sum of twelve shillings front time immemorial. Here was no partiality of claim, or carn ation of aunt, as app..are in the present cages respect to the argument advanced, that if Rectors must necessarily have some composition for the rnodur upon certain lands, when built on, that they would of course lose those tithes which they Previously received for such lands, he thought that very objection seemed to give additunal weight to the argument respecting Easter gifts, for instance, on looking to the Duketif Iledford's estates. parti cularly in the parish of St.Pancres, it would be seen that the Rector's income omit have immensely Increased, because, when • whole acre of land paid, perhaps, only ris. more by those voluntary contri butions, the site of a single house returned les., Ifs., or probably a guinea, iteeonlieg tii the feeling of the occupier. The 'seamed Sergeant, after a very luminous and comprehensive view of the question in ell its details, concluded by again expressing his revile, ' that the !lector hail not, in the fi rst instance, brought the question before a higher tribunal ; but, as both parties concurred in the yid iiion that every argument haul been employed, he would, with the consent °lbis lituther Magistrates, withhold his final opinion fur anolier week. The other Magistrates fully concurred in this sugzestion, and Thursday next was fixed fur the delivery of their judgment. A r•Nariem. ASSANSINATION.—On the 'nth August a native 1 . North America, by trade a shoemaker, who had some time before arrived in Mexico. was standing at his shop door when the Mist passed. The people, 19 is usual in Homan Cathelie countriia, knelt, seeing the pro- CeSlion. A man fell on his knees at the dime of the shoe maker, and the shoemaker hanself knelt on a chair in di,: interior. The r u st at the door called upon the shoemaker to kneel like himself, on the ground, without any regard to where he stood at the tittle, and a dispute arising between them, 11.:. fanatic drew out his knife, and killed the North assassin made his escape, no doubt favoured POLICE. GL'ILDIIALI. FLAW is Ma. ACT.—Mr. frffklea, • respectable carcase butcher, who purchases very largely in Smithfield market, had he. taken into custody by Matthews. • city officer, on Mon day, ut the instance of Charles Wheeler, 'Mr. Martin's Inspectnr, fur ill-treating an ox in she market. Mr. lit MC ft IC YS, the So licitor, was to have attended on his behalf before the Magistrate that slay, but being prevented by business, the hearing was adjourned rill yesterday, two respectable lousekeepers unuertaking for Mr. Wilkins's appearance to answer the charge, and he accordingly ap peared yesterday, accompanied by Mr. Hu /111.111LEYS, before die Siting 31agistrate, Mr. Alderman lIEYOATE. Wheeler was entering into • description of the facts of the cruelty used, when he was interrupted by Mr. HUMPHREYS, who required him to state first, generally, -. what i.ffence he charged against Mr. Wilkins. It'lletler replied—lll-treatin an ox. Mr. 111 etTs--I'llen I' object that the magistrate has no jurisdiction. inasmuch as my client is not legally before him. Mr. Martin's Act gives no authority to any person to take an offender into custody upon view of the offence; and however different the practice may have been, the Act expressly directs a complaint on molt before a magistrate, who may thereon issue his 5U1141710111 or warrant at his discretion, to bring the Daniel so complaints' of be fore hint IT any other Justice of the Pcace within the jurisdiction. No such complaint has been made on oath in this Instance, and my client ought Cot to have been taken into custody. Wheeler, on this objection, shifted his ground. Mr. Ilum platys, he said, was mistaken. Ile was not proceeding under Mr. Martin's Act, but under what is called the Smithfield Act, Elst (ieo. 11. which gave authority to any person to apprehend the of fender. 31r. IVPII 'CT.—Then I ohject that under that statute you are not a competent witness, inasmuch as you are the person 'linking the complaint, and on conviction, one taoiety of the pe nalty is by the Act awarded to you; you have, therefore, an an. tereit in the conviction, and cannol Mr. Alderman LYO ATE—Then, according to you, as an offender may rot be taken into custody, no proceedings can be had against hint without we know his name. this is but a bungling Act, for while we are applying to learn his name, he may escape altogether. Ido not blame you for taking these objections, but when the law is endeavoured to be evaded by technicalities, it is the duty of the Magistrate to watch more narrowly, and I shall thereto:. desire the City Solicitor to attend. A messenger was then sent for Mr. Newman, the City Solicitor. Mr. t:strunscs said the provisions of the Act, though it was rather a bungling one, were nor very extraordinary ; for it was not till the last Police Act that • person seen in the streets with lead, however strong the suspicion of his having stolen it, could be stopped anti taken into custody between sunrise and sunset. Mr. Alderman II EYGA TE asked Wheeler if there were any other witness,* who had semi the act of cruelty, with which he charged Mr. Wilkins, except himself. Wficiler said No, but the officer could prove how grossly he I.l't been abused hy Mr. Wilkins, and the persons around him ; hut, said be, cannot I give up the penalty, and make myself in law what 1 really ant in fact—a di.intetexted witness I I ant very ready to give lip the penalty. It was never my object. I don't want it, and I will give it up to Mr. Humphreys. This proposition excited come laughter. Mr. }lusteitures said the penalty must go to the person who should prosecute to conviction. Mr. Alderman Next:Ayr —I bate beard of persons being m imed in order to give evidence. Mr. II u urn nEys—Nes, Sir • but never in eases of this sort. You must award the penalty acco rding to the Act, and nobody can release the person directed to receive it. What he chooses to do with it afterwards is quite another thing. By this time the City Solicitor had arrived, and on the elifEcul. ties of the case being stated to him. gave it as his opinion that the objections made by Mr. Humphreys were fatal, and that no pro ceedings could be had as the case then stood, either under Mr. Martin's or the Smithfield Act. IVheeler instantly applied for a snostnor.s against Mr. Wilkins, under 31r. Martin's Act, for wilfully ill-treating an as in Smith field on Monday last. The City Solicitor said it was hard to ruts man in jeopardy twice for the same offence. Mr. Alderman H r VOAT e—ls it few the same offence as the one we have just been inquiring into, and dismissed ? Wheeler replied Nu. The summons he was now applying far vas for a distinct ofrence. Mr. Alderman 11EVOATT—Then let his complaint be taken on oath, and a summons be homed. Mr. Wilkins and his Solicitor then made their bows and retired. The objection made by Mr. lilt metier TS renders Mr. Martin's Act altogether nugatory ; for there a scarcely one case in fifiy that have come before Magistrates where the offenders would riot have escaped punishment entirely if they had not been apprehended upon the spot. Scarcely any but the drovers, who happened to hare their badges on, could ever have been brought to justice under it. QUEEN-SQUARE. Yesterday James Rod, John Reynolds. and Jobs Enirry, the three peranns in custody, charged with stealing lead from the pow. der magazine at Chelsea College, were brought up toe further elm tnination. J. Bicknell, Esq. Solicitor for Greenwich and Chelsea Colleges, attended on behalf of the Admiralty, and submitted to the Magistrate (Mr. Nemec), that from the evidence adduced on the former examination, of finding the prisoner Mead on the top of the buildings, endeavouring to screen himself by lying fiat on the roof, and of Reynolds and two others being seen outside the wall, there was no doubt of the prisoners' guilt. It appeared that on the evening previous to !lead's being dis covered on the premises, a quabtity of lead had been ripped or cut, ready for removal, which had been removed by the foreman attached to the hospital the following afternoon, weighing about 1,34/0 pounds. Mr. Bicknell considered a case had been made out against the prisoners. The Magistrate said, the priminers had been remanded, in es. pcctation that further evidence would he brought forward against them. Ile should not conceive himself justified in committing all the prisoneni, who had a right to a fair and impartial investigation. He would, however, remand them to a future day. terrace round of depredations 'Lich had betin Mull( it. Mr. PA:NETT said, the eviden ce vim sulf.cient to se n d u . to trial tie stealing, and Pearson and his wife for recel viL K at present it did not elect the prisoner Lloyd. There were. E vv ever, inch strong grounds of suspici o n aga i nst her, as liarri,,4,l' hint in detaining her for further exaninuc ion. THE FATAL BATTLE. IrearnEa PARTICI:LAURA It appears that as soon as the fight was over Scott es wish to be taken to a tent on the ground, that he might he ' 'Phis wish was not complied w i t h ; but lie was co:eered a, King's Arms Inn, Collibrook. After making the above ror wo believe he never spoke. (h i hi s arr i val at the in'; Adams, an eminent surgeon in the town, was sent h n s . used every possible MAXIS to restore sensibility, but the least effect, and we understand he expressed an npinins the symiptotus were such as left little doubt of apoplexy. state of stupor the poor fellow remained until half past ten ‘Veti r .,' day morning, when he breathed Lis last. A messenger was short time sent to the coron e r, J. Ch eas l ey , E sq. at Bearorste%.! inform him of the shocking event, b ut l ie being from home, t ' V. citic answer reapecting the summoning of a jury could not The father of the unfortunate young man came from his rend-, at Chertsey yesterday morning, together with an intimate conip s: ,: of the deceased. The poor old man expressed his great wirrurrlar•.. sad event, and stated that he knew has son had made up has r. to figh t Brown, but that he carefully av o id e d conversing wit; ; Inn t he subject ; but on Sunday last lie Caine to dine with he then used all the persuasion he could to prevent him care, •? ' his determination into effect, but to no puristic. The decease lie knew he could beat him in three rounds. Brown's father also went to Colnbrook, where he met Sore r ' thee ; the latter said, with much foeling, that he felt much is o father, but was satisfied that it was quite accidental, and the lirt might have happened to Brown. The deceased would have hec years of age on the 17th of January next, and Brown wid be r, same age on the 18th of January. In the course of the afternoon of Wednesday, 3lr. Adams thourt: it proper to open the head of the dec..tsetl, and on taking of upper part of the skull, extrarasated blood was found nn the hemisphere of the brain. As this gentleman will, of cook? o r his evidence before the coroner, we abstain from saying not:. p• appearance the deceased is much altered in the face, but there ar t no particular marks of punishment, neither arc there any mark: c. the body of Importance. Scott was a master shoemaker at Slicpperton, and had what ray be called a goad firing business, but 141 always been fau pugilism. It was expected that a coroner's inquest would be held or. ti body of Scott yesterday, but a mewtengerfrom the coroner arr. , ,-L. Coliihrook about twelve o'clock, announcing that he had • investigation fur Friday (this day.) SPORTING INTELLIGENCE. TATTERSA LL'S, Nov. IL - The Room was very thinly attended to-day. in cociectin:t : the unfavourable state of the weather, and little business A new horse (Mr. Forth's) is brought up fur the Derby. 2.; :o !. and Muleteer is corning forward fur the bt. Leger. :Nothing said about the matches. The odds were as under DCII 9 to 1 apt if oldest 11 to 1 apt Rufus 16 to 1 apt Bolero ,6 to 1 apt Canvas 18 to 1 agst Legacy 18 to I agq Than 2. to 1 apt llr. ForC's banns cult. OAKS. 8 to 1 apt Sorcery I 13 to 1 art Aline 9 to 1 nit Waits I 13 to 1 apt Attics 11 to 1 apt Memnon 13 to 1 3gst Cleveland 17 to 1 apt Redpuntlet IT. I EVER. 30 to 1 agst Mandane 25 to 1 agst Muleteer No betting on any othalaria. FISH MARKET, .1.11:113DAY, Nov. 11. s.d. s.d. CAA, each . 5 otolB U Drills, cull 4 0 to 10 U Haddocks (large) per half-dozat 12 0 to 13 0 Ditto (small) per dozen 10 0 to 12 0 Soles, per pair 2 oto 3 6 Skate, per lb. UUto 0 9 Salmon(crimped) per lb. . 3 Gto 5 0 Do.(dried)per lb. 1 6to 2 01 Eels, per lb. 0 9 to 1 0 Smelts, the 26 2 6to 10 0 i d. t.d . Flounders, the 26 2 0 to S 6 bahs, per basket 2 0 to 3 / ditto 3 6 to S 6 Berri! gs,the 100 4 0 to b Bloaters, ditto 8 otolv e Lobstai, each 1 Bto 5 1 Prawns, per lb. 3 oto 3 Shrimps,per gall. 0 2 to 2 u Common Oysters (various), per bushel - 10 oto2o 0 Natives. ditto 38 vto 411 0 Tar Bet union Acr.—A general meeting of the Ni trates of Surrey and Middlesex will take place in a day a two, for the purpose of considering the expediency of ap plying to Parliament during the ensuing Session, for are vision of the General Building Act passed in the ISth yar of the late King. From the number of buildings nor going forward in every direction round the metropolis, thii intention cannot but be of considerable importance. The general scope and bearing of the Act, by which is rendered compulsory on builders the construction of houses, with sound and proper materials, and in a manner best adapted to the restraining of the progress of fire, it is understood are to be left as hitherto, it being only intended to suggest those alterations and amplifications of certain clauses, which it has been found are required to prevent their eva sion; and in others to supply those modifications which experience and justice have proved to be necessary: also, where certain improvements are made, equally beneficial to the adjoining property, and for which the Act allows a proportionate claim on the owner of the property thee improved, to alter the stale of remuneration according to the ratio of improvement which has taken place in the prices of labour and materials since the passing of the Act By the Act in question buildings are distributed into seven classes ; and in addition to the general enactments appli cable to all classes, are many only applying to particule ones ; among these clauses considerable alteration is said be contemplated. It is also thought the Act, which is rather long one, will admit of condensation without injt7, and that some of its enactments may be altogether disik,sid with. THE FANCY !! !—A fight took place on Monday last` a field near the 1/evil's Dyke, between a titan tianka Smith (better known by the appellation of " Vat," who was not long since imprisoned twelve months ler manslaughter, having killed a man in a pugilistic tee counter on our race hill, on which occasion Spring are Shelton were held to bail) and a fellow named Wiggini, who was also at the Summer Assizes, in 18‘.24, Mll ioned six months for brutally beating a man named henry LiMot, so as to cau,c his death. Such results, we should have thought, would have been sufficient to deter any man, not wholly void of felling, from again Ch• tering the ring, and it proves the ruthless depravity of such characters. They fought, we understand, in an eighteen-feet ring. Ilan is said to have shoxn some science, but 11'iggitts was much too strong for his opponent, and closed and threw him in almost every round. It is said to have tees a ye y poor fight, and the few persoo who ottended have expressed their disappointment sit terms by no to tans creditable to the champions. 11b:n they had maukl each other for about an hour and ten minutes, Dan gave in, after hugging rounds, and Wig' gins was drawn into the town in an old barouche, sur rounded by about half a dozen stable boys, with an old silk handkerchief tied on a stick by way of trophy. They ate both Kraig to of the llodd. We have beard that Wiggins swore if he did not beathis man, lte would never return to Brighton alive; fortunately for the Amateurs he won the battle, and no doubt he will soon be bailed as a werthy member of the Fancy.—Brighton Paper. BIRTH. On the 6th inst. at the house of her father, Sir George M. Keith, Bart. Camberwell, the Lady of J. F. EUerton, Esq. of the lion. East India Company's Civil Service, of a daughter. MAI RI CI). Thursday morning, the 11th inst. Francis Gregg, Esq. of tl:t Inner Temple, to Elizabeth Mary, third daughter or the Rer. J. 11. Ferrer', Rector of Iteddington. Surrey. G %ail oM TN ItL°l w. Th Th lie gil uh U" s tVI