The Sun. — London, England, 1812-06-26 00:00:00

LAW .REPORT. COURT OF CILINCERY, JUNE 2S: BRAY V. SHEPHF.ARD AND OTHERS. This was a Bill filed, . praying an i n ju n cti on and relief against an execution, grounded on a verdict obtained against_ the Plaintiff for rent, after he had made a tender of the sum due in Note's of the Bank of r;rigland. After the tender, Mr. Shepheard, an attorney, the agent of. :Mrs. Sticpheard, another of the defendants, to whom the plaintiff •is tenant in 'Holborn, caused a dis tress to be made, upon which the plaintiff reple vied, •and went to trial, and had a verdict given Lgainst him in the 'Court of King's Bench, by hich he had to 'pat thiuble costs, under the sta tute, for having - disputed his landlady's title.— Unde,- the authority of Lord Redesdale's printed opinion, it was argued that this hard case was en titled 'to relief arid the interposition of.thit Court, since. h'lr. Shepheard had, in - his answer, admitted and avowed- that he was actuated in the proceed-. ing by ill will or dislike towards the plaintiff. It appeared that the dist r e ss .had taken place on the22d day of July, 1811., the very day preced ing the giving the Royal Assent to Lord Stan hope's Act, making:such tender of Bank notes legal in - payment of rent. . The MASTER of the ROLLS, who SO.t :for the Lord ChancePor after One O'clock, adjudged, that notwithstanding all the hardships of this case, and the difficulty, nay hnpossibility in - some instances, of procuring cash in specie to a large amount -during the continuance of, the: Bank Restriction Act, still the Court could 'not interpose, for it would be to legislate in fact, in preventing a man from the exercise 'of a summary process. given him by law. The motives of men's minds could not be discussed there, as it would be endless.7---JUdg reent for the-defendant. COURT OF KING'S BENCH, Ju23. THE KING THE MAYOR OF HAVERFORD•WEST. This was an action for a false return to a ilan dannts, and the question to be tried was, whether. in the Borough of Haverford West, it was neces sary that the Court - of Common Council should make an order, before any person could be .ad mitted to his freedom, and, whether a bye-law an ciently existed to that effect, which had been - lost by time and accident; The: cause lasted nearly the Whole clay, and there was a great mass of do cumentary evidence -from the boas of the Cor poration, by which it appeared that in upwards of- 6000 admissions, - -there were but .12 or 14 ex-; eeptions to the general 'rule ' The Jury, after withdrawing for some time, found a verdict in favour of the Bye-law, ‘‘ pro vided it did not take .away the - right of persons who claimed to be admitted." Lord Ei.LENBORouGH said they could not find 'such a verdict; they must not take into their consi deration the consequences of the Jaw ;- they must say whether, the Bye-law existed or not. But his Lordship explained - to them, that if the . Couneil refused to admit a person who was 'duly qualified, the Court of King's Bench would compel them by Mandamus. The Jury replied this satisfied their doubt, and found the existence of the Bye-law, which is in favour of the Corporation. THE ZING V. R. FOOTE, ESQ., The present, which was a , case of an assault on a .gentleman named Brent that took place in June, 111, came on this day before Lord ELLENBO. ROUGH ; the defendant w4s found guilty, and a long pending account of monies between the parties, against which Mr. Foote bad formerly pleaded his minority, was agreed to b referred to Mr. Bur rows, of this Court.—We shall give the particulars to-morrow. COURT OF COMMON PLEAS, JUNC 26. Z. AND J. HOULDRITCH V. BIRCH AND IIEYGATE. Th is was an action against the Sheriffs Of Middle sex, for permitting the person.of Ge2rge Grant to escape from their custody, who was detained upon a Writ for forty thousand pounds. • Mr. Seijeant S4EFHERD opened the case, by maintaining-the right of recovering from a Sheriff theamOunt of the debt for which a person wits arrested, provided -that by the negligence or in attention of his servants he was permitted to make his escape. The escape of the person of George Grant from the strict custody of the war rant, he would prove ,to have been voluntary on the part of those persons under the immediate em ploy of the' Sheriffs ‘ of Mikidlesek. A bailiff, of the name of Leach, was commissioned,' under warrant, to detain the person .of George Grant, and he seized him upon the third day of October'. He would now explain the remissness of the ..heriffs' officers towards the proper - detention of the person they had in custody. InsteadOf being carried, according to the writ, to the prison of Newgate he was pUt into - the house of Philips and - Withers, where-he remained until the 1 - 7th day of the said month. Nov he would contend, that a house of that kind was by no means a pri son, and though it was called a " lock-up-house," still Grant appeared to have possessed full liberty tO have made his escape, nay to have walked de fiberatt;ly off, had he been so inclined. He could not . explain upon what kind of bargain the pri soner remained so long. out of prison ; but he would submit to his Lordship., whether that-alOr bearance to imprison hiS person for 15 days was not a prover foundation for:an action of escape to be laid upon. - '(Viinesses were here called o n th e . part o f t h e plaintiff, hut .who,, in their cross-exarnination proVed, that It' was .a .customary and common thin ? . to lack tip :persons for debts of tA/0/. and 100:0'1. in houses of this description. Mr. Sejeant LEII, for the Aefendant, observed, thlt this Was , a kind of experiment to reduce the power of the Sheriffs, and make the employment of an 0111cM• a mOst precarious and troublesome one; Thes . afe and entire custody of the prisoner was all the law requirt,.‘d, and ,no particular prison or fashion.. of Conitiement: was prescribed: He bad'il:Ot been seen on an airing excursion, with . - _._.............._____ . _ . LONDON: Printed- by THOMAS WOOD, of Nu. - .1.", Mnideu-lanC, Cdoent-gardens and Published by wu..Lrv;i AII:4IIGEP. SCRIPPS,. South MOlton-strret, Grosrenor-squaic, 'At the Sew thrlcE, N - L A iq, straLta, vik•ce sidrettieemerag, Orders for tile Paper, Lett&rs for the Editor, sic. (post paid), must be addressed. ... • , Officers habited like Servants in attendance.— Tbis-was a mere attempt at experiment, without authority—statute —or precedent, —or practice to warrant its being made. No escape of any de scription bad been made out, and he hoped. a verdict :under hii Lordship's direction, favourable to the defendants. Mr. Justice Gum told'the Jury, that the case which they had to examine was, whether the She riffs had permitted George Grant to escape from their custody or not. In order to shew what the- duty incund)ent upon the Sheriff amounted to, they had to examine the writ which committed hiM to his custody., Now the COunsel who intro &iced the case had discovered only one way,of explaining and acting upon the writ, which was to confine him immediately in the county prison. It had been submitted to him as a point of law, whether that_a prisoner by remaining in any other place but a prison was out of proper.confinement by the Sheriff. He was of opinion that the She riff had a permission by the writ to keep him in ens - todY, and that place of safety ha had chosen was a lock-tip-house, • A nousuit was taken by the election of Mr. Serjeant Shepherd,_ with permission. to apply to set aside thenonsuit hereafter. HIGH GOIJRT OF * DELEGATES, SERJEANTS' INN. NULLITY OF MARRIAGE. On ,V4rednesday last came on before the High Court of - Delegates the important cause- -between Smith and Htison, falsely calling herself This ,is the first appeal . cause that, has, ever been preferred to the Court of DelegateS-, on, the Mar riage• Act--o- 26th Geo. 11. and consequently it excited considerable interest. The case was as Mr. Smith, of-Croydon, married at St. , George's, Hariver-SqUare, in the year 1806, a Miss Huson„ of the same place, while . a . ininor of only 17 ,years of age, without the knowledge of her father, Mr: Ralph liuson, who died six months after, the'so 7 lemnization df -the marriage. Miss Huson re turned' to 'her father's house on the day of her marriage, and continued to reside there until a considerable time after...her father's - decease. The husband, Mr. Smith, commenced a suit' in the Ecclesiastical. Court, iii 163, for, nullity of mar riage, on - the ground that the marriage was had without the consent of the father of Afra Huson, the 'minor, and was therefore, by the . 26th of George 2d, null and-void.. Jpc)vrever, Sir Jontv NicnoLL, befOre whom the cause was tried in the Ecclesiastical Court, pronounced in favour of Afralinson, - and confirmed the marriage.' Against this decision, Mr, Smith- appealed to. the King in Council, and accordingly the nigh Court of De legates assembled on Wednesday _to decide upon' the cause. The case was opened with great ability . by Dr. SwAa&x, Counsel for a the respondent,. Afra Hu son or Smith, who insisted that from the evidence given of the •selitiments and conduct of Mr. Ralph' Huson,' before 'his death, relative to the marriage; his consent was clearly established, al though he died in igneranee 9f the solemnization of that marriage. The case turned on the nature of consent, - and on the mode' of giving it. Dr. SWABEY, Mr. LEAcn, - and Dr. BURNABY, argued, with great learning and, great ability. in sapport of the validity of the marriage. Dr. ST9DIJART, on the behalf of the appellant, Mr. SMith, argued in order to annul the marriage. • These arguments occupied the attention of the Court until four o'clock, when the Court adjourn ed till the next day. Mr. RED}iBAb YOBKE, 011 the opening of the Court yesterday, argued in answer to Dr. Stoddart, in support of the ,validity of the marriage ; and, in a very learned, elaborate, and eloquent speech, sheered, that the motives which led to the enactment of the statute did not apply to the present case, and that as the statute did not specify the mode of consent, the fact of its hav ing been given must be decided by the mode of giving consent previous to the passing of that statute. In support of his argument, he cited se veral ancient authorities.long before the Marriage Act was in force ; and animadverted, ..with great vehemence and severity, on the perjury of Smith when he obtained the license for marriage, and on the effrontery he had betrayed in coming be fore the Court to demand that it shortld confirm. the,triumph of his per jury and subsequent fraud. Mr. FONBLANQUE, in a Speech of uncommon force and eloquence, replied to Mr. Yorke, and was followed by Dr. Stoddart, and Dr. Jenner, who also argued against the validity of the marriage. , The Cortrt rose at four o'clock, and adjourned. the further hearing of this important argument until next Monday se'nnight, at ten o'clock, when, Mr. I.lolroyd and Mr. B:ougham - will be further heard on the part of .the appellant, and Dr, Swa bey and Mr. Redhead Yorke, in reply. ,The -de cision of the Judges in this cause, will determine the most important question to domestic society that has ever been agitated, especially as a child has been the fruit of this marriage. Swindling .—A man about sixty years of age,, of demure .appearance and. fluent address, has kt - ely obtained goods fraudulently of many tradespehple at the west end of the town. He first took apart ments at an hotel a fortnight ago in Jermyn-street, calling himself the. Rev. Mr. Judd, and pretending to have been recommended by a Colonel who was well known at the house. He has since - changed his name to Seymour, and personated a Gentleman of fortune of that name in Sbmersetshire, by which he obtained goods of an upholsterer,. and also of a jcv.-ellor in - Bond -street, to a.,considerablc amount. He was lastly known as Col. 'Browning, in Alpha road, Mary-le-bone- He is about five feet ten, wears his own hair in .powder, and is supposed to have made several hundred pounds since\his• arrival in London. . On Saturday afternoon, as Mr. Witty, of Hull, was returning from Hessle, in. company with another person, (hiring the heavy thunder storm, he was struck dead by the lightning. His hat was torn to pieces, and fragments of it driien to the distance of twenty yards from where he Was struclt.-;--The man in company with hint re ceivefl no injury. POLICB. WIT I CHAP =Yes :Mad SatenclerS and Sainue! Myers Were brought up,. asid underwent examipation, being charged with stealing from the person of a Captain of a ship, at the sign of the Yorkshire Grey, Whitechapel, his pocket-book, containing Bank-notes to the amount of 58/, The evidence, adduced by witnesses being corroborated by, other evidence, the prisoners were fully com mitted to Newgate for trial. HATT° N-GARDEN .—Sarah Spencer And Mary Tyler Were examined, being charged by the land lord of the Magpie and Stump Public-house,. in Clerkenwell, with - stealing three brass lamps and other things, his property. The same being traced to the prisoners, and the fact sworn to, they were fully committed to Newgatt for trial. Two young men were charged with having trespassed in'the grou n ds o f Mr. Pepper, market gardener, in the City-road, and with stealing thercout a small "quantity pf cabbages, with which they were stopped by the patrole. Mr. Pepper not identifying the . sanie to be his property, and the prisoners having good characters from their employers, the Magistrates • dismissed them with a strong admonition. ADMINISTERING UNLAWFUL OATHS.—The Bill, as amended by the Committee, for preventing the administering or taking unlawful oaths, enacts, -that persons administering unlawful oaths shalt be adjudged guilty of felony, and sufir death as a felon, without benefit of clergy, and that every person who shall take such oath, shall be adjudg ed-guilty of felony, and transported for life, or for such term of years as the Court shall adjudge. It also provides, that persons who may be compelled to - take such oaths shall not be justified, unless they declare the same within 14 days. Persons, hOwever, -who shall, within three months, after the passing of the. Act, and before they shall be charged with . und er it, confess the same befote some magistrate, and take the oath of allegiance •to his Majesty, shall-be indemnified against pro secution. Persons aiding, &c. at the taking such oaths, or causing - them to be administer ed, though ,not present, are to be deemed prin- Cipals'., in indictments, it shall be sufficient to set foith the purport of such oaths or -engage ments, or some material part thereof. ,Engage ments in the nature . of an oath purporting or In tending •to" bind - the petsOn taking the same to commit any-treason, or murder, - or felony; -punish able by laW with death, shall be deemed unlaw ful oaths. Offences under this Act to be pr4e cuted before any Court of Oyer and Terminer, or gaol delivery, in England, and before either the Justiciary Court at Edinburgh, or in any of -the Circuit Courts - in Scotland. The concluding clause of the Bill provides, that persbns tried tatter if shall not be tried again for' the same offence, but may be tried as for high treason, in such manner as if this Act had not been made: POOR DEBTORS.-There is now before Parlia ment a Bill for the relief of poor persons_ confined under mesne process for debt, in such gaols as are not county gaols, from the distress they suffer in consequence of their not receiving any allow ance whereon to subsist during the time of such confinement. The Bill enacts, that Justices may order overseers to relieve such persons 'confined under mesne process for debt in such gaols, who shall appear to such justices, to be unable to sup port themselves the sum per day to be given for the relief or such persons, to be limited iathe Committee on the Bill. The Bill also provides, that the overseers may cause persons confined, if they doubt their settlethent, to be examined on 'oath, and obtain orders for their removal to the places of their last legal settlement : bat another clause provides, that a copy of the orders of re moval shall be served upon the overseers of the poor of the parish, •&c. in which such poor persons shall, by such orders of removal, be adjudged to be lekallY settled. The next clause provides, that the overseers of the parish in which the poor debtors shall be adjudged settled, shall repay all the expenses incurred to the overseers of the pa rish : wherein the gaol may be situated, but the former are to have the right of appeal to the next General. Quarter Sessions. The last clause of the Bill enacts, that such poor persons not having any legal settlement shall be relieved out of •the county rate. GREENLAND MissioNs—lp consequence of the war, the usual intercourse between Denmark and its colonies in Greenland has been much inter cepted.—The Moravians or United Brethren have three MisSionary settlements, con'taining eighteen Missionaries, who, as well as the colonists, have been in great distress for want of provisions for two or three years past. The last letters . from the Missionaries, dated, August 8, 1811; mention, that .in some of the colonies they have been,re dueed to the necessity of supporting life by eating small herrings, muscles, and even sea grass. Our Government,. in order to relieve them, has per mitted a Danish vessel to carry out provisions. A Court-martial was holden on Wednesday last on bOard the Gladiator, in POrtsmouth Harbour, on Richard Daly, caulker's mate of his Majesty's ship Elizabeth, for running from his leave, and en tering on hoard the Cora transport, where he was found ,concealed in the, b'old. He was sentenced to receive 100 laShes Kound the fleet. A Court martial was also holden the same day on Michael Taylor, a:private marine, of his *Majesty's ship. Elizabeth, for writing a threatening letter to the officers of that ship, and dropping it in the great cabin. The Court were of opinion., that the writing the letter was proved, but'that the pri soner was insane, and recommepded to the Lords 'Commissioners of the Admiralty to dispose of him as they might think proper. • One of the sons of Charles Lawrence, Esq. of Plumb-hall, near Liverpool, a fine boy about eight years old, was killed on the 18th instant, by fall frOm the driver's box of his 'father's carriage. The child had seated himself on the box in order .to take a ride, and while the coachman went into the house to fetch his coat, the boy took hold of the whip, Which startled the horses, arid they Ma mediarely setting off with a great speed, h e o f coursit sown lost his seat . , and was precipitated on ' t he pavement with great violence. LISBONI PAW:RS. Lpspos,Nr. 5.-----YeAterday being the versary of theßirth-day of.'our excellent So vereigt“ all the f, , hips in the Tagns - wbre . decorated with nags, and fired a. royal salute. ,Jlir r: Stuart, tlic British Minister, gave a splendid dinner in honour of the day. In the evening., there was an elegant ball at Admiral Berkeley's. Every part of Lis boa was superbly illuminated ; and to English feelings; it extrentely gratifying to perceive the respect not' only to our nivered King, but. to the British character, in the different transparen cies which were displayed on this occasion. Major4eneral Cole and suite arrived here this" week, . and will immediately, proceed to head quarters,. A Cdurt-Martial is no‘ V• sitting, at the To n - 11" Major's, on an officer, for forcing his entrance into the house of a persoiron whom he was bil leted, but who refused to receive him. There 1 5 Mitch to be said on both sides. Lord Wellington very properly attends to every complaint the Portuguese nation. The people of this country, harassed as they have been in the interior, be2, - in very possibly to be tired of their guests. 4c)_ officer, after a long and fatiguing march, arrives at a village, with a billet on - an individual, who.is not highly pleased to take hint in. Altercation ensues ; and both parties are irritated by circuni7, stances, for which neither is to be-blamed Lord Wellington's head-quarters are rtill at Fuente de Guinaldo ; but the whole army is mov' in;; to the north.. It is expected, and it is cer.: tainly probable, that a battle wilt take place on the plains in the neighbourhood of Salanianca We have observed in all the London Papers, and the article has been copied into almost every provincial we have seen, Which has been printed subsequently to its original appearance, mention made of the apprehension Of.persons in•the tiefgh bourhood for mannfacturimp pikes and Ate?' weapOnS; and using forges for that purpos - e.- -. 7a Disorderly as this neighbOurhood unhappily, 10 4 . been for some months past, we have reason td think that the account alluded to is not only ex" aggerated, but entirely UnfoUnded.—Olanehestei Herold.) Between eleven and twelve o'olock 'on Thursdai night, the 1 lth inst:Mr..Nadin, assisted by a pie, - qua of military, took into custody (and seized life papers of) 38 persons, unlawfully assembled at fi , • public house in Ancoat's-lane, Xianchester ; awl lodged them in the N ew B ay l ey pr i son. They sta. ted the object of their meeting to be for the purpose of petitioning for Peace and Parliamentaryßeform, but their papers and bOoks appear of a different tend' enev. They were examined by the Magistfates„ , : at the New/Bailey, On Frid a y, which examinatioq was adjourned to Saturday, when it was iesumed , , .and the w%ole thirty-eight were committed tO Lancaster, to take their trials fOr having, ministered the illegal oath known by the term of __ twistiizg-in.—Binninghanz Paper. MONMOUTH WOOL FAIII.--ThiS distinguisbed mart, held 'on Wednesday, was tvell attended; `both by the growers and dealers, and a large quantity of • this valuable staple Was expose!! for • sale. Prime fleeces sold " from 28s. to 325. per stone, and in demand ; 'but 'middle.. acid . coaise' fle,eces met with a dull sale, even at reduced prices .from those of last year. Last week, a private belonging to the rifle coia-, pany of 4th East-riding Local Militia, no on duty at Beverley, was tried by a Court-Mal' tial, on a charge of drunkenness and striking Officer, and found guilty. O n account of til character given of the - prisoner by his Officers, as a good soldier, arid on consideration of his haylog a family, he was only sentenced to six months illy: prisonment. - At Gibland Cottage, near Hull, the occupie r has a Bantam hen, which' having begun to lay a tuft of rushes in front of the house, a partridg! took joint possession of the nest, and laid egg for egg with the original proprietor, for so? l ' 6 time. The owners took away, at different titoes,P. sesen of the partridge's eggs, and she is now sit ting upon eleven, 'and orie or two of the BO" tam's. She hears viewing in her domestic floc tion; without concern, by the wondring specta tors„among whom the Bantam hen often appea.rf not the least • anxioits, and stands over her watchful solicitude. BIRTHS. Lately, at Deptford, the Lady of A. S. Boyle, t sq . of tb 2d Tower Hamlets, of a Son and Heir. On Thursday, at Streatham Common, the Lady of Plummer, Esq. of a Son. • ' • MARRIED. On Saturday last, Dr. Hobbes, - M,D. of Swansea, to 31 155 Maria Smith, of Croydon. Yesterday, at St. George's, Bloomsbury, th e R e v. Wil Bingley, of Christchur c h, lants, to Mrs. Morgan, van"' the late John Morgan, Esq. of Charlotte-street. The 'same day, at St. 'George's, Bloomsbury, J. Ang er ESq. of the• Hon. East-India•Company's Bengal Not 46, I '7 fantry, to Eliza, eldest daughter: of Mr. J. S. Burford, *°. Henrietta-street, BrunsWiek-square. Ou the 25th inst. Robert Beckwith, Esq. Merchant • Malta, to Ann, 011;y : daughter - of John Graham, Esq. of gate. . • • MED. Nlisr -On the 17th inst.• at John Clerk's, Esq. Southampton, t, Ricketts, eldest daughter of George William Ricketts, - 1- " . of Twyford, Hants. • On the IStb inst. in the afternoon, at Maidstone, Parker, widOw of Robert Parker, Esti. late of Rochester, '- the 88th year of her age. On Monday hist, at his house in Cavendish-row, Th lhl .` l' ' Richard Kii4dn, E sq . o f Grigg, the County of. Go , V: l 4 Fellow of the Royal Soci e ty, P res id en t o f th e B o yar “ 1- , Academy, President of th e . Dublin Library Society - , kat ti`° j " ber of every Literary Body in Europe. On the 24th inst. at Winchester-House, the infant son the Rev. W. Gamier. On Wedn.2sday last, Mrs. Powell, wife of Williwn rkoce Egg. of Vauxhall-road. • The same day . , at i"..te, in Kent; Mrs. B ran d r am, relict of the late Samuel Brandram, Esq. of Lee Grove. Last night, in the 13th year of her age, Charlotte, sec7.;-• daughter of Mr. 14. Smith, of New Windsor. • PRICE OF STOC6 KS YESTERDAY. Bank Stock, 21.5 - 215 India Bonus, 76. 9' 4 . Bs. Navy 5 per Cent. stmt Exchequer Bilis, 3d. and 4 per Cent. 72i 71 : ii per day , 9- ''s• dis• is.P t " 3 per Cent. Red. 561 55i Ditto, aid. per day, S . 3 per Cent. Con. shut Oniniun), pr. is Bank L. Ann. 14 1-16 k 15-IC Cons. for Opening, 570 4- J • India Stock; HIGH WATER AT:LONDON BRIDGE TO-MORROSI4.* +lorning, 5 min. after 4. f Evening, 30 rain. aftl' r •