The Sun. — London, England, 1823-03-29 00:00:00

s s _l " v-A d — N \ '1 r .t„,- , ..,,, r :- ....,,,-t- UL 3P '' • • I '' 1 1 4t2 . V 4 .- z_., • •• • f ,,, .I, . 1 ti , 4, , A ,, , , ,v ;.., N ' t 4 7- 4 • •4 . , ~,, , • '• 0,6„. 4• 4il . '--- / "64.," i I / Z '<7ll — e - 2 , - -- t i.• ~ . . 1 7 / --/ • "s. 'S I ;,„ • (;" ~. oartMOIM s ~ NUMBER 9546. NOTICE TO ARTISTS. ROYAL. ACADEMY, SOMERSET HOUSE. LL WORKS intended for the ENSUING EXHIBITION most he SENT IN on MONDAY, the 7iti, or by Six o'clock on TUESDAY. the Bth of APRIL NEXT, after which time none can possibly be received. The Regulations necessary to be observed may be obtained -by application at the Royal HENRY Academy. HOWARD, R.A. Sec. CONTIIACV FOR CANADA GOODS. Navy-Office. March 2I , 1823. THE PRINCIPAL OFFICERS and COM iIaSSIONERS of HIS , MAJESTY'S NAVY do hereby give Notice, That on Wednesday, the 9th of April next, at One o'clock, they, will be ready _to treat with such Perssn: as may be willing-to Contract for supplying His Majesty's several Dock Yards with CANADA GOODS, consisting of MASTS, YARDS, 'BOWSPR ITS, FIR .TIMBER, and ASH OAR RAFTERS. Distriiution of the Aricics, and a Form of the Tender, may be seen at this Office. No Tender will be received after One o'Cloeh, on the Day of Treaty, nor any noticed, unless the-'arty/, or an Agent fur him, attends. Every' Tender must be accompanied by a Letter ad. dressed to the Navy Board, and signed by two responsible Persons,. engaging to become bound with the Person tender ing; in the Sun; of £5,000 fur the due performance of the Contract. GRASS LAND, IN MARYBONE PARK. SUCII Persons as are desirous of RENTING GRASS LAND, in MARYBONE PARK, for Pas ture only, from the 21st day of April to the 21st day of Octo ber next, are hereby informed, that Tenders, in writing, for that purpose will be received at the Office of the Commissioners of his Majesty's Woods, Forests, and Land Revenues, in Whitehall-place, on or before Monday, the 14th of April, at Two o'Clock in the Afternoon, where Parties making Tenders are desired to attend. It is desired that in each Tonder the Parcel or Parcels offered for, and the rate per Acre offered, may be stated in words at length. The Grass Land to be viewed, and Particulars as to the time of payment, to be learned on application . to Mr. Clephan, Clerk of the Works, in Marybone Park, with whom a Plan.ot the several Parcels of Land is deposited. Office of Woods, &c. Whitehall, March 25, 1823. EAST INDIA HOUSE, 21st March, 1823. THE COURT of DIRECTORS of the UNITED COMPANY of MERCHANTS of ENG LAND TRADING to the EAST.INDIES Jlo hereby give NOTiC9, That a GENERAL COURT of the said COMPANY will be held at their House in Leadenhall-street, on TUESDAY, the Bth of April next, from Eleven ‘Nleck in the Forenoon Until Six in the Evening, at the desire of the undermentioned Proprietors, viz. :—. J. BAITLIE, JOHN PLOMMER, DAVID LYON, WM. MITCHELL, NEILL MALCOLM, SAML. Dixow, C. ROHERTmON, ALEX. GRANT, ROWLAND' MITCHELL, P. M. Lucas, To Ballot on the following question, viz. : 4 ,‘ That this Court Is deeply impressed with the injustice anti impolicy or the existing restrictions on the Sugar Trade of British India. " That these restrictions, while they operate most injuriously on the interests of the Merchants, the Shipowners, the Sugar Refiners, and the Manufacturers of this Country, as well as on those of the British community at large, are peculiarly op• pressive and unjust towards our fellow-subjects in India, and highly detrimental to the, interests of the East India Corn• pany—nOt only as A Commercial Body, but in connection with the prosperity of the dominions placed under their Government. "That as the Inhabitants of British India have the strongest claims on the protection of the. East India Compiiny, it is the duty of this Court to atroid their energetic support to all mea sures' that have a tendency to promote the prosperity of the vast Population over whom they preside, and who are equally en titled with every other class of British subjects to the favourable consideration of the British Legislature. " That it appears to this. Court, that since the repeal by the Acts of last Seasion of Parliament •of the restrictions formerly imposed on the West lmlia Trade, no pretension exists for any exclusive protection to the Sugars of the 'West India Colonies against those of British.lndia. " That. as the present unequal duties on the ,Sugars of the East and West Indies terminate in March 1824, this Court do earnestly recommend to the immediate attention of the Court et' Directors the necessity of using their strenuous efforts with his Majesties Ministers to obtain an equalisation of the said Duties. " That should these efforts prove unsuccessful, contrary to the' just eapectations of this Court, the Court of Directors be requested and enjoined to present Petitions, in the name and on behalf of the East India Company, to ffoth Mouses of Par. liatnent, praying for an Equalization of the Duti es on E ast and West India Sugars, and for permission to b e h ear d b y Counsel before the Two Housei of Parliament respectively, in support of their claims. JOSEPH DART, Sec. WIDOW WELCH'S FEMALE PILLS ~Y v hare obtained the sancti o n a n d a pp ro b a ti on o f Gen ,entn of the Medical Profession, as a safe and valuable 41 ediCirte, in removing obstructions, and relieving other 414 "ntenirnees to which the female frame is liable, especially those Which at an early period of life frequently arise from *a ril ot - ;exercise, and general debility of the system. They create an appetite, correct indigestion, remove giddiness and f) eivotts heed ache, and Ware eminently useful in windy dis orders,l3nine in the stomach, shortness of breath) and PalPi at ions _of the heart. Pareliateiti are requested to remark, that, as a testimoni of 1 1 4 1 ,?,: n o t f i tilYs each Bill of Directions •is Signed with the lea /Yu,. A • ; writing Sold wholesale and Retail, in tondnn, hy Wright, if.r. Fleet -str ee t B arc l ay an d Sons', trteet Market I New ? h er and S ons, St. Paul ' s Chard' Yard; Sutton and Co. How ‘ - littrell Yard ; Sanger; 350, Oxford-street, opposite Bond 141:ert ; Frans and. r: Son, Long Lane, Smithfield ; Johnstondfrey , Go re!erhstrett, Solni Ilutler and S uns , C 11,44 0 4 ( 1 °' " 41W4114 (i 4 , Bish 6 ate-street: and by all CoentryVenders, 414 i; 9d' vr " g e r b Box; ittnecessary-tn Inform therimlylie that . KEAKSI,EY'S 9 1' 6 01i original aad'getstnne Meitiainei and bits been pre hy-ilitin for more than Ifilrtittars.. SATURDAY, MARCH 29, 1823. ,C9o t ono FOR THE FIRST PRIZE HAZARD and Co. who sold the very Lao. Prize of XlO,OOO .ever drawn, remind the Pitb , ; lie, that the-Present LarTERY, containing THREE •f £20,000, and EIGHTY other CAPITALS, wilt commence on the 9th of April; when the first-drawn Prize will hare /:20,000, the Two next ,C 2,000 each, an d th e Fifty next X4OO, 1:300, And £2OO each. • - In the Latter, just ended, HAZARD an d C o . S o ld in Sham, No 4,40, a Prize of ,C 20.000, at their Old*Esta.. blished Offices, 93, Royal Exchange Gate; 26, Cornhill and 324, Oxford street, End of Regent -street ; where they also Sold THREE of ,C!0,000 in the Last Year's Lotteries. NEWINQTON, SORREY.NEW CHURCHES. ALL Persons desirous of C on t ract i ng t o 'per form the Whole, or any Part, of the Works in the in -1 tended NEW CIIURCII, near BECKFORD-ROW, WALWORTH, in the Parish of St. Mary; Newington, Sur rey, are requested to deliver their Proposals (sealed up and in dorsed " St. Peter's Church, Walworth, Tender for Work" (as the CAPik may be), addressed to the Trustees for Building New Churches, in Newington), to the said Trustees, at a Meeting to be held tit their Committee Room of the Pa.. rochial Schools, near the Fishmongers' Almshouses, at New ington aforesaid (being the Committee-room of the said Tens tees), on Monday,. the.2othday of April. nest,-.at Sixo'Clock . in the Evening precisely, (and not on Irednmday, the 16th, as before advertised). Each Tender must contain the Names of two responsible Persons as Sureties. and a List of Pricei at Which the same is made. The Trustees do not pledge themselves to accept the lowest, or any other Tender, iinless the's:me shall be considered Satis factory to them, and to his Majesty's Commissioners for Building New Churches in populous Parishes. The Draw ings, Specifications, and Form of Contract, may be seen any day (Sunday excepted), between the hours of Eight in the Forenoon, and Six in the Afternoon, by applying et the Office of John Soane, Esq. the Architect, in Lincoln's Inn-fields, of whom all necessary information may be obtained. JOHN CI,UTTON, Clerk to the Trustees. 48, High-street, Southwark, March n, 1823. • REDUCED FARES, and UNEQUALLED - TRAVELILNG, TO DOVER, DEAL, RANISGATE, MARGATE, AND CANTERBURY. FOUR INSIDE COACHES, AND KEEP GOOD TIME, By S. A. MOUNTAIN and Co. SARACEN'S HEAD INv, SKINNER sTREET, SNOW-, HILL, lA)NDON. MITE following LIGHT POST-coAcuts, AIL and MAILS,.&c. set out from the above Inns— The " Telegraph," DOVER, - Deal, Ramsgate, Margate, 13roadstairs, .Canterbury, •Feversham, and Sandwich, new Post-Coach--;every Morning at a quarter past Seven °Thick. In consequence of the decided preference given to the above Coach, the Proprietors are determined no expence shall be spared to retitle' it the first conveyance on tint Kent road. BROMPTON, Chatham, Rochester, Gravesend, Stroud, Sittingbourne, Rainham, and Ospringe, Morning, Quarter Past 7, at Reduced Fares. The " Royal Eclipse," FALMOUTH, Plymouth, Exeter, . Truro, Bodmin,• Peuryn, Ashburton,. Tintless, -Weymouth, Dorchester, Dartmouth, and Salisbury, every morning at .Seren4. thtoughlloniton, Axminster, Briiiport, Blandford, Stockbridge, Sntton,_ Basingstoke, Hartford Bridge, Black water, and Bagshot. The only Day Coach to.WEYMOUTH, (driven Cumuli with Two Coach Men only), through Bagshia., thekwater, Basingstoke, t)vertun, Whitchnrch, Andover•i• Woodyeats, Caahmore, Salisbury, Blandfnrd, and Dorchester, at a Quar ter past Fire o'clock in the Mooning, at reduced Fates. The " Union," SOCTHA PTON, tymington, Lyndhurst. Winchester, Basingstoke, Hartford Bridge, Black xater, and Bagshot, New Four Inside Coach, every Morning at half past Seven 3- arrives at the Coach and Horses, Southampton, by Five. This is a most delightful Conveyance to the Isle of Wight, JerseV, Guernsey,. St. Itlairies,'Havre de Grace, Cher - bourgh, "&c,---The Proprietors of Coach hone to receive a continuance of that support which has hitherto been experienced since the coMmencement of the " Union." Th e it Cha6,06 1 ,;" a New light Day' Coach to DOR CHESTER, in 13 hours only, Unmet) Bagshot, Blackwa ter, Basitoptolie, Overton, Whitcburch, Andover, Salis bury, Woodyeats, Cashmere, and , Blantliord, at a Quarter past Five o'clock in the looming. The Proprietors of the above Coach are determined no expence shall he spared to render it the first conveyance on the Western Road. BATH and BRISTOL Post-Coachcs, through Chipper)* - ham, Caine, Marlborough, Newbury, and Reading, every Afternoon at one; arrive at the Greyhound Inn, Bath, the London Tavern, Thomas-street, and Swan, Bristol, early the next Morning.—COaches to Wells, Bridgewater, Taunton, and Plymouth, at reduced Fares. The " Umpire," a New LIVERPOOL Light Coach, only one Night on the Road, carrying Four Inside,, sets opt Daily at One ; arrives at Liverpool next afternoon at F:ve,,thi 0110 Woburn, Lattibury, Northampton, Welbird, Lutterworth, Hinckley, Atherstone, Litchfield, Stone, Newcastle; Knott ford, .Warrington, and escot.. SHREWSBURY, Wellington, and Shanal, Light Post ()Mich, every Afternoon • The "Union,"WEYMOUTH ; through Dorchester,Bland• ford, Salisbury,, Andover, Overtanc„Basingstoke, Hartford Bridge, Min:l:water, and Bagshot, new Post Coach, "After noon, at reduced Fitres.,--Packets Irani Weymouth to Gurrn- St, Maloe's, :&c..eveey Wednesday sey, Jersey, Cherbourg, aud.Saturday.afternoon, at Two o'clock. BARNSTAPLE and Soitthmolton New Light Post Coach every Monday, Wednesday, and Friday Mornings, at S e ven o'clock. The " Rockingham, L E EDS light Post Coach, sets out every Afternoon at Two; dnd passes through Italdock, Big gleswatle, Eaton,' Buchden, Stilton, Wansforn, Stamford, Greetbam,. tiranthams Newark, Toxfot 41,. Markham Moor, Retfottl, Ilawtry,Doncaster„and Ferrybri l / 4 e, to the Golden Lion Inn, Leeds, next Afternoon, at Reduced Fares.—Lug gage and Packages only id per In.—Notwithstanding thu uncommon Expedition of this Coach, it is allowed to be the Most agreeable and complete Public Conveyance on the North Road, being unequalled by any other. 'HARROWOATE and Ripon new Light lost Coaches, every Afternoon nt Tao, and Eight in the Morning. GLASGOW, Longtown,tirettili-vrero, Dumfries, Brownhill, Thornhill, • Sanquhar-Kilo, Caumoels, Kings well, and all Parts of Scotland, a• light Four inside Post Coach daily. The Express," to . YORK, Scarborough, Whitby, Shields, Sunderland, Newcastle, and Edinburgh, a. New light Four inside Post Coach, with a Guard throughout I acts out every Mortiiiig, by way of Newark, Itetford, Doncaster, Ferrybridge, "Nth:aster, Darlington, Northallertun, Durham, Mot peth, and Berwick, and arrives at Yorit.the, next Niorn• ing at Twelve o'Clock, at reduced Fares., Passengers find ing, themselves fatigued on' the Journey, may rest what time they please, -and then proceed without any additional Fare. . . • _ . MARLBOROUGH and:Swiudqn. Am.-inside Day‘Coneh i through Aldhourn, Reading, Lantbouru, Purton, Lydingion p eme y, Wootton Basset,,ttaarsbtiry, H unger ford, Nimibury and Maidenhead. _ _ fiIiii)GENOWCH, W.l Shrewsbury, galop, and D o ty. Light every Afternomr, at red uced Fares The New Royal Patent Mail, BOSTON andiLotith, through Royston,. Cambridge, Huntingdon, Stilton, Petetbormigh, Deep!og, Spalding, Spilsby, Alford, Gtin►sby, and Hull, Evening, at Half past Secen o'Clock, Sunday, at a Quarter before Seven. The•" Express," a New Light Four-inside Post Coach to CARIALE, Peurith, and. Whitehaven, goes with Four Horses, and a Guard all the way, ,passes through Appleby, trough, Bowes, Greta-bridge ' Richmond, (limerick, Ito. roughbridge, Ferrybridge, Doncaster, Newark, Bawl" y, Grantham ' Stamford, Greethani, Stilton, Riggless‘asle, and Bahlock. Sets out. in use Morning, and perlduss the jour !ney with the greatest facility; at reiuced Fares. Passengers cletaineti on the Road by business or pit:Mime ' have th e pe culiar advantage of their Seats being secured in the next Corscb.-!4The only direct Coatir toCarlisle. The New Royal Patent Mail, through Ware, Runtingford, Dockland,' and" Royston, Evening, at Half past Seven o'Cluek,•%inntlay, at a Quarter before Seven. KRNDAL, Lancaster, ecestotl,.Kirby-Ldnolale,, Dolton, •Chorley, thiuslitrk, and Garitang Light Post Coaches, every Afternoon. The 4f Royal Express," New Light Four Inside Post Coach, to LIVERPOOL, fit iti hours only, through Warrington, Prescot, Cong Mott, LaWh), Newcastle, Rudgly, .tor.t, Stone, Stafford, and Litchfield, (only One Night on the Road), every Afternoon ; arrives at the Saracen% Ifead nale.street, Liverpool, next Evening, at Seven, at r educed :Fares, WAKEFIELD Four inside Post-Coachea, every Morning and Afternoon, at reduced Fares. WESTER, Newport, Whiteehurch,' Turporley, Nampt, with, Northwich, und Nliddlewich Light Post-Com:li, every Afternoon. SUNDERLAND, Stottlitun, and Farm Light. Vest etresch, every fslurnini, to.-tinsPetirgv Inn, Supderiaad, at reduced Fares. Mountain's ." Express," to MANCHESTER, Winslow, Congleton, Newcastle, %Valor'', Wolverhampton, sod Knots ford, new Four Inside Post-Coaelt ' every ke A' uoun.Only One Night on the Road, at reduced Fares. SHEFFIELD and Rotherham New Four inside Post Coaches every Morning, called " The. Express," and also ." The Rockingham," every Afternoon, at reduced Fares. The " Royal. Express," New BIRMINMIANI Lista P6st 'Coach, sets' unt every Afternoon, currying Four !Wilk only ; passes through Warwick, Leamington, Southarn, Weeiluts, Daventry, Stoney...Sl rattord, and Toweester, to the %; , trucett's Head, Bull-street, Birmingham, .early thy next 'Morning, at reduced Farts. The " Expres%;" a New Light Post Coach, to lIULI,, Lin ,cnin, Northeavv,,Howden, anti Doncaster., every 111prning at Eight o'Clock, to the Cross Eeri, garliet-place, Hug; and also the " Itiicitilliatu" in the A ft ernoon at Twalp*Chick. HERTFORD, 'are, lioJdeadon, and .Cheshuitt Coach, at reduced Fares, ToTTENITAm and Edmonton Conelies daily, at Eleven, Half-past Two, Five, and Eight o'clock. 1 .0 At Reduced Fates to I,reds, York, and Doncaster, Luggage and Paeltages at wily t d per pound. S. A. NIOUN'VAIN and to. respectfully acquaint their Frieutli and the Public, I liat.they wjli natleaccountable lot any Parcels, Paisengees letiggitge, ".ke. of nitore than Fire Poitiois Value, if lost I stolen ) or &imaged, linters entered acute)), and the Insurance paid' aceuri:w. tlsk Sal tool's IWO lan, Skipntr.strect, London. SPRING ASSIZES. DERBY, WEDNESDAY, MAnot 26. CIVIL SIDE. CLAIM O 1 THE CROWN TO LANDS DERELICT Or THE SEA, _ . ON THE EAST AND NOIITH SIDES OF THE COAST OF LIN• COLN. These were issues between the King and several Lords of adjacent manors; whose names hereinafter occur, in which the right of ownership to the derelict soil left by the sea was in volved. A special commission, appointed five yeas ago, to in quire into the right, returned their inquisition for the King. The lands were accordingly seized into the possession of - the Crown. The defendants denied the facts of the inquisition in Chancery, and micceeded in traversing it. Issues were framed to try the right, and the record was sent into the Court of King's Bench,• whence the issues were sent to the country for trial, the record being finally reminded back for judgment in Chan cery. The property,thus or to be called, in questlon, is said to amount to 100,000 acres. The Attorney-General, therefore, thought it best that the trial should take place in the adjacent county, and the Chief Justice irave his directions accordingly. The actions now stood over from the last As. sizes, at which time the defendants, with an expen s ive a nd numerous host of witnesses, consented reluctantly to the post-' ponement. . . - Mr. Serjeant 'VAC cn.x wished for some farther delay, which Mr. Dewstax, as leading Counsel for the defendants, op posed, and Mr. Justice Panic ordered that the trials should be taken per emptorily, and the first in the businesss of to-morrow morning. Another question of some legal nicety arose from an applica. tion of MI! Serjeant Vaughan to take the causes in order dare rent from that set down in thepap er . That, question was, which of the parties was to have the benefit of entering the re cord for trial in the Court. The Learned' Serjeant contended that the Crown was the plaintiff, and the right certainly must be with the plaintiff Mr. DEN3IAN contended that the issues were only remand!, of proceedings instituted and - set in motion by his clients. Mr. Justice PARK ruled the matter for the defendants, who persisted in the course in which they had previously resolved tp proceed. The defendants wore the Right Hon. Charles Anderson Pei ham, Lord Yarborough; Right Hon. Lord (iwydir; Dame Dorothea, widow of Sir Joseph Banks ; Edward Greathead, Esq., and William Scroope, Esq. TnunsnAv, MAtten 27. The Court was opened punctually at ni ne o' c l oc k, a nd, a s might be expected, the throng was exc e s s i ve , Th e f irst cause called on was THE KING v. RIGHT 11011. C. A. PELHAM, LORD YAR BOROUGH. Ctainsel for the Crown—Mr. Sergeant VAttomear Mr. CLARKE, Mr. HEADER, mild Mr. tioutilonw : Green, Pemberton,,and Crawley, of Salisbury-scare, London. Counsel for the defendants— Mea n . DE „,jot, p nlLLii , s; a n d BAYLEY 7, Solicitor, Mr. Robt. Lys, of Lincoln ' s-inn. Fields, A Special Jury was them empannelled from among the Gen tlemen of the County, with the addition of one common juror. On calling over the list in the first instance, Sir C. Col Ville said that he had no objection to servo, but he must inform the Court that he held a manor on the borders of the Ilunibtv about 20 miles from the very land to be n ow ca ll ed in (logien, under circumstances so neeinterest in similar, tha t h o had an adirect in the verdict, though his interest was the converse of that which the defendants had to support. Mr. Justice Panic, and the Counsel on both sides, express , ed their high gratification at this instance of impartiality, front which they all augured the most equitable decision to the trials. . The services of Sir Charles Colville were di s p ense d wi t h at Lid own request, and the Jury was composed of the following Oentlenien . F. Hart, of A lderwashy Sir R. 'Wilmot, ofChaddesden, R. Wood, of Ripley . Bart. .1. Radford, of Smalley Watts Russell,afparliy-abbey A. I I thkins, of Newton-S'olney eynell, of Meynell-Leng- Sir 11. Fitzlierbert, of Tissing. l ey ton and Lea F. Mundy, of Markeaton, F. G. Goodwin, of Wirksworth Etiquires Sir H. Every, of Eggington, T. Briggs, talesman. Hart. Before the Court proceeded, Mr. Serjeant suited that he felt it to be his duty to enter his protest against the decision of yesterday, (alluding, we presume, to the right of entering the record in Court for , Malj, which he did in the mere way of ids duty, and without • the least diminntion of the deference and respect which he must always feel for the ('ourt. Jr. 60111. BURN then opened the pleadings, and stated that this was an action to try the right of certain lands which had been thrown up and left by the sea, and which the Crown claim ed by.virtite of its prerogative, that tlaim being denied by the defendants ; and that the Issues whereupon the parties were joined, ran in these words-- Whether a certain piece of land in the plea of the naia de-, fentlant;by him pleaded by way of traverse to a certain inqui sition, was and now is by the sea left m manner and form as in the said inquisition is supposed and found ; or whether the said piece of land, at the times in that plea mentioned, by slow, gradual, and imperceptible degrees of alluvion,. and increase of the ooze, soil, sand, and other matter, siewly, gradually, and imperceptibly thrown, up, deposited, and settled by and from the flux and refloceof the tide and waves of the sea, in, upon, and - against - the outermost and extreme party of the demesne lands of the manor of North gro 'Muesli), cunt Northeotes was Harmed and did settle, w, and accrue 111)0n, agai nst , an d unto the said demesne lands of the seine manor, in manner and toren 'es defendant bath in his said plea in that behalf alleged." Mr. DENMAN now • submitted that the defendants, by the decisional yesterday, must be mailed to .begin. don havjng - found for the Crel. v 4, anti these triabaieingrAhe effect of an applicati on t o traverse the inquisition upon express affirmations, it became the duty of the defendants to show the grounds first upon which they proposed to have the rightstried lover again. The defendants affirmed that the landi in question were allttrion, and not lands derelict of the sea 'as the inqui sition found them. It was upon this question that the otitis had come.;down here, and the issue was tendered by the de fendarits. Ile could never assent to the doetrine of the Leerneil Sergeant that the Crown was in all cases whatever to t a k e t h e lead, anti he hoped that the Court would side with hint upon the present tjuestion. 31r.; Justice PARK said, that he would not trueble his !Jotted Biother tq reply. Ile was tinite of opinion that the officer for the Crown must begin. The inquisition had found the lands in question to be a cession j'er rclietuni marls; and the defendant being all Owed to traverse, affirmed that the grounds were not a cession by dereliction' of the sea, but by alluvion. The King conS.‘nted' to put the fact in issue, taking for his affirmation the finding' of the inimisitinn. The King must certainly have a right to prove his affirmation first. Mr. Sergeant VAUGHAN then addressed the Jury. He saw no great difficulty in coming at a right derision on the case. The facts to be ailduceffiverefew, and the only question was in what manner the law was to be applied. to those facts. The.Tury would meet with nothingin the case make it all difficult to find a verdict satisfactory, both as mains interests of the. Crown and the rights of the subject. The whole matter might be re solved into these divisions—the nature of the progeeding—the nature of the claim each party asserted—the evidence to support each claim, and the due application of the law ; and upon the consideration of all these depended the verdict. It was a great satisfaction to know, that some of the Jurors bad viewed the property in question, and every thing conspired to assure the Court and the country of the'atkictest propriety and justice.. The proeceding was one in which none of them were very familiar=—a traverse on an inquisition which foUnd a verdict for the Crown. The King was intinnied that there was an accretion of a portion of land on the eastern coast of Lincolnshire, by the reliction of the sea. He directed a Commission to issue to examine into the circumstances, and to report how far be was entitled te. the lands so accrued. , The inquisition was_ taken on oath, in a manner particularly public—there was nothing like secrecy in the proceedings—it was done with great publicity and notoriety, as it °tight to be. in all cases where the exercise of the *raga. tive was brought in to affect the rights of the subject. Still he would conclude nothing against the defendants' plea from that inquisition and the finding upon it. It was usual, on the re turn of the writ, for parties to apply by ordinary course for a regular trial, and then the cause generally went to a Jury_ The matter being put on the same footing as between party and party in ordinary ceases, with this only ditference, that the pre rogative of the Crown was in the situation of a partyion one side, against the right of the subject on the other. It lidlowed :mutat ter of course, that on the Wing of the inquisition, the lands were seised into the right of the Crown. The, plea for the tra verse was to be found in the form of the issues before them. To, clear the way in great, measure upon this question, he would state to them what wasthe general principle of the law, ea to the ownership of this species of property: There seemed to be hut one opinion inculcated in all the treatises and books of eases, that, de eanimunt jurc, the Crown. had a right to all lands thrown up and left by the sea. The defendants in their traverse put t he. fact in issue, in a manner which went to establish this doctrine—the, words in • which the ques-, ,lion was submitted were, " whether the land was and is by the sea left in manner and form as in the said inquisition is supposed and. found, or not?" To make this clearer, he would give them the words in .which the inquisition found— viz. " that the land was, in times past, covered by the sea, and is now and for several years has been left by the sea, and iisnot new covered except when the sea flows up to the see walls," &c. This was the main muhject for the jury to consider in de. terrnining the issue. Wherever a traverse occurred to the find ing of an inquisition, it was the custom always to set out what was called an inducement to the plea. Accordingly, the in. ducement he set forth was, that the right claimed by the sub ject was a subversion of the rights of the Crown. The defend. ants, after stating their motives, alleged that the lands in ques. tion were a parcel of the 'ancient rnannor of North Thorealty cum Northcotes (in right of which the defendant was seized,) the eastern and northern sides of which were bounded by cite sea, which lands were gained to the mannor "by slow, gradual, and imperceptible, degrees of allusion anti increase of the ooze, soil, sand, and other matters, %lowly, gradually, and impercepti bly thrown up,deposited, and setttled by and from the flux and reflux of the tide, and the waves of the sea, in add upon and against the outermost and• extreme parts oldie del:iterate lands of the manor of Thoreaby Clint Northetites, and that the said land I was formed, and did settle, grow, and accrue upon and against and unto the said demesne ,lands of the same manor." It had never been disputed that the King was the great pro. prietor and lord of s the great waste _of the sea in the same way that other persons held their rights. as lords of the manor. This being admitted; the'.principles of common law 'would give him right to the shores .or the sea : that is to say, to such parts of the shore as were generally covered by the ordinary tides—not by the.high equinoctial tides, nor even by the tides of new and full moon, generally called spring tides._ He spoke simply of the shore between high and low water ntark at the ordinary tiowings of the tide. TM* Was, comminti jure, the right of the ('Town. Ile did not deny that the subject might acquire that right against the Crown ; he ought rather to say, with the concurrence of or by. grant front the Crown ; or it might be held bY:prescription, which minima:ld u previous grant But this was certain—the Crown being the only proprietor, the subject could never take Merementa madam but in some ft= which admitted the right of the Crown. Maritime imerements described that sort of increase in land which arose from the soil, NU, and sand being thrown up by the sea, till at length the sea shut-itself front its former bounds, and left the land dry. If this were dons gradually anffimperceptibly, it was called ollution ; if more suddenly, it was called dereliction, or land formed by the receding of, the sea; Again, land might discover itself by the recession of the sea from it; in process of time, the land would bear herbege, and eventually. become astrofitaide as any other soil. But the King was still prima Jade end• tied to the land, whether it grew by dereliction or alluvion, by more or less gradual increaaa. There were caeca where a sulsiisa Might claim effectually against this prima prie right, and that was irk ceases where the increase had been so slow and imperceptible as to make it difficult, not to say impossible, to diveniter the ancient bounds, or to • say whether the sea had ever been there or not. Ile would make it out, that whatever I the extent of the increase, whether 10, 20, or any greater num.. ber of acres, if by any known metes and hoods it can be shown that spots of land hitch been left by the sea, the subject, except by, special grant, and in express terms, could acquire no right; but de jure communi the land was in the right of the Crown,— ' The reason of this principle comprised int difficulty if pro. perly examined. The sea—which was called in some of the books , the great waste of which . the King was Lord of the Manor was in this 'sense no more than so much land covet ed with wider, and the /Indus 'marts was part of the King's territory. The only difference between it and other Crown lands was, that it could not be "mule availuble , to the Crown. until the sea left it. In the case of increments from inland rivers, the law differed t the process watt generally' fayy inaensi. ble and imperceptible accretion, and then it was held that as you cannot distinguish between . the land thrown up and the land which receives the addition, these increutents were in the nature of aperquisji# to your manor. He would proceed to lay before them the authority on which he rested for this exposition of the law. Lord Hale, In his tremble De Jure Marie, page Is, said.-.,“ The King path a title to marititna inecemento t ar increase of hunt by the sea; and this is of three, - hinds, n. ensue per projectitmeni ti 1 a/Neje/tem : Increase per anon eel &Recitation : per insuke production:wt. The in crease per allnylortion is when the sea, it' casting up sand and earth, Math by degrees increase the lend and shut out itself fur. ther than the ancient bounds went ; and this is Usttul. The reason why this belongs to the Crown is, because in truth the soil where there is now, dry land was formerly rrt of the And., ntneis and consequentlY belonged to the hang. Hut, mdeed, If' aitich u ssa a t anem be so insensible that it cannot be by any means found that the sea was there ideas ra n i izon este et non appacere, the land thus ieereased belongs, as perqui. site, to the owner of the land adjacent." Ire begged, the Jury to remark this—to exclude the right of the Crown the increase must be " so insensible this` it cannot by any, means be found that the sea was there. du/ could' find that the sea had ever been there, the acquest of land WAS to t h e Crown by right of his prerogative. In soother place he gays, " If a subject bath land adjOining the sea, and the violence of the sea swallow it, but so that yet there be reasonable marks' o eamtinun the notice of it, or 'though the marks be defaced, yet, :if by situation and extent of quantity and' hounding upon tilt' 'firm land, the sanre can be known, though the sea leave this :land again, or it he, by art or industry regained, the aubject doth pot lose his property. If the. marks continue, Or the ex_ :tent can reasonably he certain, the caseriii, clear s thought the' ;marks should have been effaced 40 years." Nor cc ttid the King lose his right to the increments, except from - the - hrinosaibility. of showing that they had accrued. Accordingly, the - same learned author said, in another page of the same work, " The jut ollaviatits, as I have, before said, is, dejare camtnani, I'y the law of England, the King's—viz. if by any marks or mett mires it can be known what is so'gained ; for if. the gain be so ;Insensible and indescribable, that by any limits. or marks it cannot be knnwn, alma eit item ease a etp;:niiere, amwell in maritime increases ,as in the increases by intend rivers." - And' to allow that . the strongest cases en the other side there :always existed a prestimpuon of the right' of the (strewn, he would cite the account which the same author gave in. PRICE S EVEN IrEN CE4 the same place of the pleadings in the — case of the Barons' of Barclay as to the right of lands gained -item tibergi.—`• The river Severn hail gained upon Shinbridg-e so initchithat itaChanan net ran over part of Shinbrid g e lands, infti'loat part thereciftow the other side, and then thiew it back' again to Shinberg. shall not belong to Aare (8 'cOlitiguOus river),'heithor Was hail claimed hy the King, though Severn be in that place an area of the sea, but it w as re s t or e d t o Shi n b erg. " ' Here was (}le primapeie:right of Ahe King impliedbyllie particular Mention of it; and then foll o i ve d t he s p ecia l reasuni file net pressing the right s --‘,' But the truth is, that there the maritimoinvreme?qa of that river belong to the limns of Barelif," and then came an other special reason for that ownership. c. The truth is also thin the river., which is n wild unruly river, and many times shifts its channel, especially in that fiat between' Sliinbe'rg Aure, is the common bonndary . betWeen' the manors of elthe.r side, viz.,' the pion aqua!, or middle' Of the stteac.',." • the right application of these principle's' to the facts about if') be proved, the -verdict would depend. - The lands ;low it; issue were about 450 acres. Some of the jury had seen tics tai. (NI tips were then produced, and the new lands specific() te the (.:';hurt and Jury.) It wou ld b e hi s d uty to evidence 'wrote 'them, that the property was of the nature doevibed in the, jp.: quisition, and such as by construction of la* Must be in the tight of the Crown. An ingiusition taken in the reign ef queen would be produced, by which lands Which lay between the old •sea wall and the new Rea wall, and within the lands now etaittsed, had been found de.reliet of the Se 3, anti Colleeltiently :die :tight to them vested in the CrOwti. This would lie useful ,to pions, that the lands now in:ought - In question were not throWn up, as the defendant 'alleged e • against his Manor, btit against .t piece of ground which warn found in the reign a Queen Arnie, to be long to the Crown. flaying 'thits 'outa sketch of the 'citan Mr the Crown which 'wits enough to, inakehisintention plain to them, he would not mime time by any unnecessary. remarks. The Jury were. impartial, The defendant was very fairly and laudably engaged in the defence of that which he deemed his right ; and for his own part he felt sure, that whatever verdict should be given, it would, in p , iinfajtisticr, be perfectly sa tisfactory to both sides. The Hey. .1. hone was the first witness call:Al.—Before taking orders, lie was a surveyor ; Slat made a ))lati of the lands in titles nun, but he had net meastited them. • Edward Muniby liadlived at Nordt Thoreshy for 27 Years past. Bad observed the l'ittecit (the •ntinie' of the lands in question) outside the old sea wall.. 'Knew' the sea to have re-' ceded. , In some parts it had left . 160 yards to his knowledge. Had frequently observed it. The soil is not all covered with herbage. It had ceded mori.• in the last four years. Ile did not measure this particular increase. Ile had Ineastirea the -lands altogether, and found' that there was an. increase of 453 acres, 3 reeds, and 31 perches, the 'new sea wall to the'Seti. In some places it w as ltW 'mai wide—An Soule 1511 some the sea had not receded at all. Cross-examined by Mr. D'orillart.This increase took 'place in 2l year*. recciXicn left the bare sand, but not :,its along; seine ieood, soil .was'threwn. up. Ten is north of Northcotes, that, is,lowardillizinberatone. The !lumber run* into the sea, north of 11uprberetotie.it - trumberstone) bor ders upon the !lumber. The littimber - threiva up a Warp which lacreases this latid.tlic warp is a sledge ottze and silt. These Fittees are formed ,by that anti the sand throWn up. ' The cur rents of the tlerman Ocean meetthat slittlge, and spread it Over these Fitte.es. Silt is the name of the very finest mtd that even Lhicohishire can prodUcc Mr. IttNlitali said he underaioad that silt was of such fines ncss that some people thmight that it might to b e call e d Mr. Justice 1 4 ank declared that he wool,' rather nut have his robes composed of sit line u coinniodity. Examination continued.....-Lord VarbotoUgh is lord- of the manor at Northcotes. I don't know that low Water-mark is the common boondary of Northcotes. Domini Nook is in Ntittit Lower Cotes. I don't know that the sea has' washed away soil from Donna Nook. The alteration has been very slow turd gradual. I observed the gMund at intervals of Sit or seven years, and perceived that it wits increasing. I set up no mark. I' judged by My. eye. I can't speak to an increase in any one particular interval. 1 hut:titled the Connuission. I don t re collect that Lord Yarborough was there. To save time, the Counsel for the Crown adMitted that the inquisition was er-piirlc, and being an inquisition of ounce, 4,11 . 4 Commissioners would not have received evidence from Lord Yacht)* , • ''Jitrites Hines Is a fanner, living at Marsh Chapel, 811(1 knew the rittees well, opposite to North Cotes. Had known them for 16 years. Aly father wax agent there to the Underwriters to save. wrecks . • I used to ;twice loin. .'('hers,.'('hers,has been an increase in the per ital of My reeollvetiou outrikle, the i , eit ;auto uppoite Northcotes; I think from 100 to 150 yards. The herbage now grows upon It. I reMember it being What we called sludge ; and crab,grass, which the rattle will not eat, grew open it. It takes four or tire years belbro it gets firm. The inertias- ; .;rows from year to year, but not so as to perceive the It clearly increasests' I have seen it many times in the hot five years. I eatt'apeak of 30' to 50 yards in that tune. lam Hum ot' Itl in some parts. The breadth or depth of the Fitteea front the wall to the sea is a mile in one particular place, mostly co. vered whh herhago. I assisted Mr. Hone in the sitrvey.l observed the old Ken Wan. The land between the old anti new sett wall had the appearance as it', It had been Fittees. Betbre the new bank was erected, no doubt that the sea running high • Would overlie* this land between the old and new sea. wall. , • Cross-ekamined by Mr. Baton V.—The high-water mark is the saute now as it was formerly. , Qmistien pat.—Whether or not witness has ever heard that loW , water tnark Was the common boundary of Northcotes Manor. Objection taken. _ _ lklr. Sergeant VAlrollAN raised the queotion. Ile would irtlo ply affirm, that common reputation mold be no evidern at all to support a simple claim of private right, and therefore could be . no evidence far the defendant. Mr. DEN 31 . contentletl, that the hound.try of a manor was a question aS much of public as Of private right. 31r. Justice PAUL thought that he coutd not allow tile question. Mr. Dtivital; said, that proof as to actA of ownership and occupation mast be important. Their allegation was, that the common boundary of Nordicotes MATIIIOr was low.water-rhuh. So, far nom this not. being proyeabb, lay . mini um reputation, it could be proved in no ,other way. ,They. would Show, more over, that IJOrd. Varboroitgh enjoyed ,antl 'exercised liis right over wreck of the sea upon the same manor, which could nut be if the shore were not hie ui tow-watermark. . Mr, IScTiennt \ au u itarr adtnittrd that they might give evi dence of 7 enjoying wreck of the sea: but minium reptitation Was not evidence ormanorial boundary hi a titbrStiOn of Private right. . Ir. Dcrotarr Said, in all questions of boundary of nattier there was public riglicinvolvcd—a landlord Was bound by pub lic right to know the extent of his own manor. Mr. Itt:AnEa said, that the enjoyment of wreck did not ne cessarily imply manorial right. Mr. Justice Ytat X' said he would take upon himself to allow the objection. • Mr. DE34MAW quoted a passage from Mr. Phillips's book an evidenee,, to:show that this was good evidence. Ilr. Puti.r.tes, more On'belialf of his client than in defence of his book, averred "that his conclusion was drawn from the concurrence of all the authorities of the lust 'A years. Mr..lust ice Pang said, it might possibly be evidence in clis outer; respecting. the relative bounderieti of estates or parishes, but here was no question of how far the manor extended. Mr. Ptitht.irs said, that .as in the right of common there could exist nu other evidence to provethe litrut but common rgrutattion, which be maintained was in the question of Immo nal, boundaries completely - admissible, He delletl.Mr. Clarke to produce a single case' of disputed 'parochial or manorial boundary which that evidence had been disputed. Serjetint. 'VAUGHAN retorted the challenge: Three had been no case cited in which the evidence but been received. In be ease rof Nichols and Parker, II East, traditionary evidence had been received from seine very old people on it' duet tieri of parochittl boundary, and the reason given for its reception was, that the' Witnesses could not, have any interest in the es ate goritia4n argument..which fell incidentally against the, use of tmeh evidence by those who had an interest to the Matter of Mr. Justice NUX overruled the question, leaving'. tbe, fendant'S Coning:l of course to their appeal to the Court.' above, Cross-examination resumed..-The rittces toil* beau, &Fag— titted by theitheto anti cattle of different people, all the time I 'can remember. I have kilown of wrecks tin 'the Coast.. My 'father waitngent. and thry wkib delivered to salvers. `lf there Were no owners, die wreeksiiere delivered* the wreek. gatherer of Lord Varborough. There, was 'no wreck (If that kind in my ineenory. I have seen greuridtige of A , . paid to Lord Varbornogh`a Merit for every bottom thrown on the. 'coast. 'The Knees .gradually increase, net perceptibly to the eye at the moment, btit in four or Eve years. I have seen in