The Sun. — London, England, 1823-03-31 00:00:00

• ' ) Pala% , • 0 , I c y -4 4 0 • - 4-7 . *l .t • --4• a I tr lj 1 - .'s• • • 4 T n E • 4/2 7 / 2 . (A//' NUMBER 9547. MONDAY, MARCH 31, 1823 PRICE SEVEN PENCE. CHAPEAU DE PAILLE, BY P. P. BLIBENS. THIS universally admired PICTURE, known as the CHAPEAU DE PAILLE, and , acknowledged to be the Chef-d'Leurre of !WRENS 'in Portraiture, is now Exhibiting at Mr. STANLEY'S ROOMS - , No.2IOLD BOND-, STREET.—Admittance, One Shilling. Memorandum of the, Picture, Sixpence. Open from Nine till Five. It is expected that no person will attempt to sketch or copy frpm the Picture. BRITISH FIRE OFFICE, STRAND and CORNHILL, ESTABLISHED in 1799 for Insurance of Houses, Buildings, Manufactories, Goods, and ,Mer chandize, Ships, Vessels, and other Property, on the most equitable terms, and on principles affording solid and per manent security to those insurcd. DIRECTORS, &C. Hon. DOUGLAS KINNAIR!), Chairman. CHARLES FREEMAN, ESQ. Deputy Chairman. Rt.-Hon. the Vice Chancellor Francis Freeting, Esq. Sir John cox Hippisley, Bart. ‘Villiam Marsh, Esq. Sir Robert Wigrom, Bart. Thomas Maude, Esq. William Agnew, Esq. George G. Mills, Esq. J.P. Auriol, Esq. John Soane, Esq. Jtiliri Bebb;Esq. G. H. Sumner, Esq. M.P. S. P. cockerel!, Esq. ', Robert Taylor, Esq. James Henry Deacon, Esq. JOHN HELPS, RecretArv. TOOTLI-ACHE AND EAR-ALAI DERRY'S ESSENCE has received the sane _AL flint and support of the most Distinguished Person ages in the kingdom, together with the united Testimony of the first Physicians in Europe, and numerous favourable com ments in 'highly 'respectable Medical Journals, where it Ines been declared to he the "...Best thing ever discore,red for the Tooth-ache and Ear-ache."—lt instantaneously relieves the most excruciating Pain, preserves the Teeth sound and firm, prevents further Decay, effectually cures the Scurvy in the Gums, fastens louse Teeth, and renders them Firm and Ser viceable to the latest period, and etfectus.lly Preven'ts tint Tooth-ache. • _ _ Sold in Bottles, at Is. IV. and 21.9 d. by Butlers, Chemists, N. 4, Cheapside, St. Paul's, and 220, Regent-street, (near the Argyle Booing), Lon tlon'; 20, Waterloo-place, Editilstirqb ; 34, Sackville-street, Dublin; and by the principal Perfumers and Booksellers throughout the United Kingdom. SPRING ASSIZES. DERBY, WEDNESDAY, MARCH 26. CIVIL SIDE. CLAIM OF THE CROWN TO LANDS DERELICT OF THE SEA, ON TIIE EAST AND NORTH SIDES OF THE COAST OF LIN, COLN. ( Continued from TIIE SUN of Saturday.) Mr. DENMAN said, that nothing remained but to show their view of the case, and, after his Lordship's exposition of the law, leave the Jury to decide. The question was very short.— The only possible difficulty-Would arise from overbalencing the case with too much argument ; yet a stranger case no men in the country could, remember The Judge upon the bench had never met with one such in the course oflis professional career, and the strangeness of it would warrant hint in stopping to make a few observations upon it. There were two issues joined between the s King and Lord Yarborough. (Here the.Leritned Gentleman quoted the terms, as they occur supra.) The main issue upon which the defendants went was, that the accretion was slow and imperceptible. He submitted, that this 'affir mation was made out by the evidence forahe plaintiff. In law, in reason, in the nature of things, it could be taken as no thing else than an allnvion gradually accruing, not land left by the sea. He would trouble them with a few citations from books of authority, to give effect to his own opinions. The first which he would quote was Bracton—De Legibus et Csn suetudinibus Anglia : " Item quod per, alluvionem agro tuo flumen adjecit, lure gentium tibi acquiritur. Est autem allu vio latens incrementum, et per alliivionern adjeci dicitor, quain ita paulatim adjicitur, ipiod intelligere non possis quo moment° temporis adjiciatur. Nam etsi tota die iniigns intuitum tuum, Imbecilitas visus tam subtilia increments perpendere non 'po test, ut eider' potent in cucurbita et similibus. Si auterri non sit latens incrementum, him apparens ' contrarium erit ewe vis fluminis partem aliquam ex tuo prtedio detraxit et vicini prre clio appullit, certmn est cam tuam perinanere ; et si lorgini tem pore fundo vicini adheeserit, et arbores quas secum traxerit in eum fundum radices egerint, ex co tempore rudentur fundo 'vicini acquisitor." The interpretation ought be given thus— " For though during the whole day you should fix your eye on the soil, such is the weakness of human vision, you shall not be able to perceive any aggregation of the nice and in discernible atoms which consnose it. But it its different between a latent and an open increase of those increments.". That definition settled the question ; there was no argument left. . The increase was perceptible at present ; but w as it p er . ceptible while increasing ? No ; but, like the gourd er pumpkin, that which was now the size of a balloon, not long .ago was as a ball, a plaything ; earlier than that, it'ivaa as; the apple of the eye, or any thing smaller.' It increased to its pre. sent shape . ; but the eye could not trace its progress in any;oe',9 of its changes. There, however it is ; end so Bracton 444. quetitly the matter in question for them. Alluvion might mak,e a perquisite to a manor by 'derees wholly imperceptible, and then there was no question of its belonging to the subject. The same was laid down in a valuable book of King James's time, entitled " Canis on Sewers," who defined the right.of the subject to increase by slow and insensible degrees with the• greatest caution. So," - said he, "of petty and imper ceptible increments for which the King takes. nothing ; for de nzinimis non carat Rex." Then followed the authority of Lord Hale, who was the only one cited by his Learned Friends, and that so slightly that he would venture to enlarge the ex tracts. First, as:to the prima facie right of the King to the shore. Lord Hale says—" It is certain that which the sea overflows at high spring tides, or at extraordinary tides, comes not as to this purpose under the denomination of litter marls; and, con shiently, the King's title is not of that large extent, but only to land that is usually overflowed at ordinary tides. That, therefore, I call the shore which is between high and' low water. mark, and. no more." For the third, it is admitted that de jars comatuni, between the high ,and low water-mark cloth prime facie belong to the King, although it is true that such shore may, and commonly is, parcel of the manor adjacenk and so may belong to a subject. It then states " but it is not to be doubted in the case of an arm of the sea because that affects the King's prerogative." With thi s i n view, he would now lead their attention to Lord Hale's report of the case of the Barons of Barclay. " The river Severn had gained upon Shinbridge so much, that its channel ran over part of Shin bridge lands, and lost part thereof unto the other side, and then threw it back again to Shinberg. It shall not belong to Aure, (a:contiguous manor ;) neither was it all claimed by the King,, though Severn be in that, place an arm of the sea ; but it was restored to Shinberg., But the truth is, that there the incrementa of that river belong to the Barorni of Barclay, es shall be shown. Yet the propriety of the sail was not lost to the owners that had it before. And the truth.is also, that river, which is a wild unruly river, and many times shifts its channel, especially in that flat between Shinberg and Aure, is the common boundary between the manors of either side, viz., the "lam aqua. or middle of the stream." Upon the prosecution of Sir Sackville Crow, there was an information against Mr. John Smith, farmer of the Lord Barclay, setting forth " that the River of Severn was an arm of the sea, flowing and re-floiving with salt water, and was part of the ports of Gloucester and Bristol, and that the river had left about 300 acres of ground , near Shinbridg_,e and therefore they belonged to the Kingby his prerogative." Here was as complete prima facie for the King us could well be made out. The Jury would oblige him by attend ing to the result. Upon the evidence it appeared, by unquestion able proof, that the Severn at the place In question was an arm of the sea ; flowed and re-flowed with salt water ; was within and part of the ports of Bristol and Gloucester, and that within time of memory these were lands newly gained and inned from the Severn ; and that the very channel of the river did, within time ofmemery, run within that very place where the land in question lies—and that the Severn had deserted it, end the chan nel did then run about a mile to the west. On the other hand, the defendant, claiming under the title of the Lord Barclay, al leged, among other matters, that by the cximmon custom of the country, the.filum aqua of the river seem w a s the common boundary of manors on either side of the river. When this state of the evidence was opened, it was insisted uptin that the river in question was an arm of the sea, a royal river, and a member of the King's port, and therefore, lay not in preaerip . tied to be part of a manor. But the Court over-ruled that ex ception, and admitted that such a river, though it be the King's in point of interest, prima facie, yet It buy be, by pre- PROSPECTUS. --LONDON FROM ST. PAUL'S. This Day was published, price ss. APANORAMIC VIEW OF LONDON AND THE SURROUNDING COUNTRY taken with. Mathematical accuracy, -by T. BORNOR, from the summit of. St. Paul's Cathedral. To be Published in Four large Engravings. The Prospectus explains the Terms and nature of, the 'Work, describes each division of the View, and contains the following Plates :—l. The OBSERVA TORY from whence the View was taken.-2. The SCAF, FOLDING on which it was erected.-3. St. Paul's Church (from Blackfriar's Bridge).-4. A Section of St. Paul's (60 in. by 30) showing the Circular Staircase, with the ascent to the Observatory ; including-5 and 6. Views of the North and South sides of SL Paul's Churchyard. Published by J. and A. Arch, Cornhill ; Hurst and Co. Cheapside ; Longman and CO. Paternoster Row; Harding, St. jamees Street; and. Hornor, 2, Robert Street, Adelphi. - . LONDON REPOSIT(ThY for the CABINET MAKERS' SOCIETY, for every Description of CABINET FURNI. TORE, FEATHER BED and MATTRESS AIANU FACTORY, No. 71, Corner.:' of LEADENHALL STREET, London, opposite Aldgate Pump.-Read- Money Only. Frit E Society of Cabinet Makers respectfully .inform the Public that they still continue the above Establishment, for the Benefit or Industrious - Mechanics who have large Familes, by offering them Manufactured Articles in the Cabinet Line, of the best Workmanship, and Cheaper than any House can do in London by twenty-five per cent., there being no other profit required on the Goods but the bare house expences ; at the same time will he sufficiently satisfied with having constant Employment for themselves and. families. This Society was Established in June, 1821, consisting of 20 IVechanics, adding the number of . their Wives and Fami lies, amounted to 66 ; in June, 1819, five more were added to the Society; in June, 1820, 10; 'and in June 1821, 8. The total Number now receiving Support through the Means of thigEstablishment is' 191. The Society and their. Families beg leave to return their sincere thanks to those Ladies and Gentlemen who have hitherto honoured them with • their Orders and Recommenda. tions, and shall always feel happy in their endeavours to give future satisfaction ; at. the same time solicit a Continuance of their Benevolence, whereby they may be enabled to increase the Number of the Society. The following Articles are inserted as a Specimen of the very Low Prices, all warranted..-Ready Money only. . Full size Mahogany four-post Bedstead, lath bottom 31 . 15 s. -Full size tent Bedstead 11. 65.-Bordered hair Mattress to fit H. 18.-MahoganyDrawer, solid ends 31. 35.-Feather Bed 214.105.-Ditto, free front dust and smell, full size 31. 10s.- Six japanned Chairs of any . description in oil 11. 65.-Best do. 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Nest In. dies.-Captains fitted out, and-merchants supplied with Ca. binet Goods lox Exportation. . . • *.• Apartments Furnished at a few hours' notice, and Houses two or four days. To T. TAYLOR, Esq. No. 9, New Bridge-street, London. . • I BEG leave to Inform you, that ever - since the ..IL . year MO, I had been -afflicted with •the Lues Venereal, which, from its obstinately resisting every course at medicine prescribed by the most eminent of the faculty here, and un dergoing severalseiere courses of salivation,' and twice dis charged from the Hospital with littleVelief, would appear to be!of the most inveterate nature: In the spring of lust year my ttisorder had got to such a-head, as nearlylo put a period to my existence—l had a large ulcer on the crown of my head, one on each arm, and my legs were broke out in a frightful manner; - my right was dreadfully painful, and had been m a State of ulceration for the last seven years; my left had also two large nodes on it, was very mach discoleured, and gape me such excruciating. pain, particularly when warn: in bed, as n early to deprive me of rest ; ita this lamentable state, I was - recommended by Mr. J. Thompson, (who received so great a cure by them toJake roar Leake's Patent Pills, which I began to do on the Vith O. May; in the course of -a fortnight I began to receive benefit—in little more than a month the ulcers on my head and arms were soundly heal' d— soon after, the sores on my legs healed also; leaving, how eVer, considerable discolouration in the skin, and pain in the - bone of the left, which, by the 'blessing of God, and a little longer Net severance in your invaluable Medicine, subsided; the nodes dispersing, the skin regaining its natural hue, and the nocturnal pains gradually going thus became, by lour liberal advice and medicine, perfectly free front all my former complaints—have recovered my former spirits a nd strength, and am become jolly and fat, in which state having continued many mouths, to the astonishment of all who knew tie, I 'am at a loss in what terms to express my gratitude, but beg you, for the good of other suffering . mortals, to make this my case as public as poisible, as I shall en every mica trim; to so - doing you will greatly - • ... Sir, your grateful, obedient, very humbleservant, ALEX. MURKER Swan's Close, High-street. Edinburgh. Witnesses to the above Cure:— • John Thittepson No.'3, New Poultry Market, 4iiiour g t • John Ist‘totosh, Old Assembly Close, Edinburgh'. Prepared and sold by the sole Proprietor, THOMAS TAY LOR, Member of the Royal College of Surgeons, at his "" , e, No. 9, Nev Bridge-street, London; what), after a constant residence of more than 40 years, in a practice parti• ctilarly dir ec ted t o th e cur e o f V e nereal omplaints and those hick/total. to the Parts of 'Generation. with that inviolable secrecy which men of his profession shonid'always °Merv° in gpch cases, he Hatters himself the advice and asiistance he sratuituasly administers to persons taking this Medicine, will be estermed, by a discerning Public, as an advattage seldom Ititainahle, and void of all ambiguity. Also sold; by his appoititnsent . ,for the convenience of those Living at a distance, at the Toyshop, Nu. 103, Oxford-street; Tr , Disborough's Ni. 7, Fish-street-hill • Buxter, Ediaburgb ; Callwel•%11 b lin ; anti of one person ut evvry considerable town in Great Britain and ' r elanit, in boxes o ;Only Ys.Btt. each, stamped; and sealed up with full and plain directions, whereby persons, of either sex ntay cure themselves with' ease, speed, secrecy, and safety. scription and usage time out of mind, parcel of a manor.— Thereupon thedefendant was - put to his proofs, and insisted up on many badges of ownership or property (which are then de scribed.) One of them was, that th e i ncrease s, h a ppening by the reliction of the river, were con s t ant ly en j o y e d by the Lords adjacent. -These and many other badges were opened, and were most effectually made good by authenticated evidences and witnesses. But before the defendant had gone through one half of his evidence, the Court and the King's Attorney- Generale Sir John Banks; and the rest of the King's Counsel, were so well satisfied with the defendant's title, that they mov ed the defendant to withdraw a juror, which, though he were very unwilling, yet at the earnest desire of the Court and the King's Counsel, he did agree thereunto; so that matter rested in peace. Would. the plaintiff ask -him to withdraw a juror, or to let the case rest in peace ? Perhaps not, and he was glad of, it; because he trusted that the question would be mole effettually set at rest by the verdict of a Jury, and in that he was encouraged by thei, own evidence now pro duced. The lands now immediately in question, and many others, should this attempt be successful, would be liable, - at any distance of time, to the claims of the Crown. The same lan guage was-held in " Bacon's Abridgment," who, after setting out that the King was considereditslaw to have been univer saloccupant, and to have parcelled Aateethe lands to those who had served him with ability and faithfulness in war or peace, went on to establish his right to lands relicted by the sca but 'with the same reservation for the right of the snbject to iinper. ceptible increase. He was followed by Horn—treatise " Of Sudden Dereliction." He maintained the King's right - gene rally, but not to accretion made by insensible degrees, which he affirmed to belong to the adjacent manor. This great thesaurus of the law, coming after and quoting cases and. judgments in " Dyer and Roll's Abridgment," had conic to this conclusion. Lord Hale put noobjection to this interpretation. He says— " This ejus allnvionis is de jure woman* by the law of England the King's viz., if by any marks or measures it can be known what is so gained, For if the gain be so insensi ble and indiscernible, that by any limits or marks it can- • not be known, ideas est non ease et non upparere as well in maritime increases as in the increases by inland rivers. But yet, custom may, in this case, give this ins idluvionis to -the, land whereto it accrues." Then he cites the Abbot of Ilarnsay'Peale, 48d Edward 111., and thereon remarks— " ThomeV there were a verdict upon the issue whether appropriont or not, yet it is plain that the tide stood upon, that which the Abbot alleged by way of increment : anti note, here is no custom at all alleged ; but it seems he relied upon the common right of his ease, as bat he suffered the loss, so lie should enjoy the benefit, even by the bare common l aw i n 'case o f aihreion. ln the case of the Abbot of Peterborough next sited by his Lordship, custom was laid, and lie relied not barely on the case without it. " In this case it was per incre ment:on temporis et permiare prt?jectu. It is not a sudden re. liction or reeessus mans ; and though there is no eerie with. out some kind of reliction—:for the sea shuts out itself—yet the denomination is taken from that which predominates. It is sn acquest per prldeetionent or alluvinetn o not per recession or releaioniem. For the jus alluvionis he quotes the ;message in Bracton, leaving. out the figure of the pumpkin, which lie (Mr. 'Denman) thought a the greatest • use in illustrating the ques tion: c" Qt •Bracton," says Lord Hide, " follows the ci v il law in tlfiVnhd some other following places." And well he might-for, as they all knew, the civil law had much to do with settling the foundations of the common law. " And yet, even according to this, the common law doth regularly hold to this day between party and party : yet it is doubted in case of an arm of The sea." The same doctrines, upon a view of all the cases and arguments, were asserted in that valuable work " VTher's Abridgement," article " Prerogative of the King," But, independent of this, they had'common reason and their own senses to assure them.' 'These 450 acres—how would the plaintiff proceed to take them ? Where would he begin biteatimeasurement 'e No doubt that the land had in. creased ; the evidence showed a gradual and imperceptible in crease, extending beyond thesesalt- marsh es i n wards. It was plain, wherever there was a sea-wall, there the sea must have been at some time or other. And the witnesses were all right enough as to the natural history of the increase. It was greatest nearest to the Humber t It was still very great at Tetney 4 it was con, siderable at Northeotes ; then it went off until it became a mere strip upon the shore of th e s e a . 'Pne quality of it fell off' in the self-same ratio. At the extremity it was mere sand ; it would not even grow crab grass ; it was by means the Andus marls ; it never haul been ; the sand thrown up would lie for ever, and produce nothing. %net, then, Trould be the effect of a verdict for the plaintift ?—to unsettle the titles of land—to lead to a seizure and new parcelling out of any or all the lands in the kingdom ut the caprice of the Crown. It was quite dear that the Crown took no interest in these accumulations, from one simple circumstance —that the expences of the sea walls had always been left with the adjacent manors ; the Crown had never taken any precautions to secure the tie-quest. He would cite one authority more which was de servedly familiar to and revered by them. It was that of Justice Blackstone, book if. rap. 16. Ti t l e, b y Occupancy. " A n d as to lands gainel from the sea eitheiby alluvion, by the washing up of sand and earth, so as in time to make terrafirma; or by dere lict fon, as when the sea shrinks below the usual water-mark ; in these ,case the law Is held to be, that if this gain be by little and little, by 4411 and impeeceptible degrees, it shall go to the owner of .tie land adjoinin g : f or d e minimis rum easel ter ; and' besides, these owners being often losers by the breaking in . of the sea, or at charg e s to k ee p it out, this po ss ibl e gain is therefore a reciprocal consideration' for such possible charge or loss. But it' the allovion - or' dereliction be sudden and considerable, in this case it belongs tothe King; for as the King is lord of the sea, and so owner of the sojl while it is covered with water, it is but reasonable that he should have the soil when the water has left it dry. So that the quantity of ground gained, and the time during which it is gaining, ere what make it either the King's or the subject's property. ' He trusted the Jury would by their verdict confirm that which had been held by the whole stream of authorities. 'rime inquiry Was curious considered only as a question of law, and in what he said he did not wish to excite prejudice against any of the amarties interested or engaged in the suit. Every thing; had been done with, propriety as yet. As to the inquisition, he could .not have received.it as time tiolenin and authentic proceeding for which it was offered. Adverting to the evidence, he said it was deficient as to the point of time. It was quite clear that a date Must be given to time derelict*. To-talk of a di veliction which could not bee marked in its occurrence, they might as well tell him of a clandestine earthquake, or a secret volcano, or any other. shock by which the bounds and possession of property might be altered. There was a total want of power to 'define the time and quantities of increase. Ile tied asked evert witness ; not one of them could fix on a Inomentnni temporis. No one could discern the rate or manner of increase, unless they were to go on Lord Yarborough's estate, and set up a mark now, by which they would be able to show at any future time how far they might claim. As to the observations of time Learned Serjeant upon the nature of the proceeding, and what he seemed to treat as a matter of favour, the traverse of the inquisition, there could he no acknowledgment made of' obligation or favour by the de fendants. It was not a permission, but a right which they tobk, and fortunately for them it was a right, to debar them from which. the plaintiff left no argument unused in , the Court of Chancery. An endeavolir was there made to stifle all farther inquiry, anti that upon - old and long exploded precedents, which application theVice-Chancellor, in terms of great energy and justice, refused. Referring to the pr ocee di ngs o f t h e pre ceding day, he justified the artier in which the defendants had entered the cases for trial. This one had been brought first, because the merits of the whole were comprised i n Th e i r argument was, that the land'ln question was not derelict sand, which was barren and could never produce tiny thing, but an accretion orvaluable soil, severed and brought d own f rom th e borders of estates on the Humber, which, conflicting with the currents of. the ocean, was spread over these fiats or salt marshes, called the Fitters, adjacent to the manors of time defendants. The proof of this must be plain to all who had observed the course of that river, and how heavily it was burdened with the stealth which it made from the banks on either aide atilt rolled on to meet the sea. There was, besides, the Derwent at their own doors. If they remarked how deeply it was dyed with dissolved soil, and reflected for a moment on what became of the moss and dirt which It was continually bringing down from the country it traversed, they would ob. serve a inure, reasonable cause for the growth and 'increase of the , salt marshes than in the throwing up of the barren sands of the ocean. There was one question which he had put to all the witnesses respecting the exercise of ownership. Ile had established that Lord N arboroagh was Lord of the Illanor of Northeotes, and that lie had " wreck," which, though itself a royalty, might be grunted to a subject, and in fact generally was in nuinors upon the Coast. Even in eases where the {,raft had been lost, the exercise of tile right might be proveel ; arid if so, would be taken as proof that the grant haul been math , . —The authority of Lord Hale in the treatise before quoted supported him here. " The ordinary ;here at neap tides may belong to a subject. It may not only, belong to a subject in gross, but it may be parcel of a mannor. And the evidences to prove this fact are commonly these—constant and usual fetching gravel and sea-weed, and sea-sand. between the high and low water-mark, and licensing others to do so--enclosing and embanking against the sea, and enjoying of what is so inned—,enjoying of wrecks happening upon the sand, and such like. And as it may he parcel of a manor, so it may be parcel of a viii or parish, and the evidence for that will be usual perambulations, common reputation, known metes and divi stens, and the like." "On this account the parson of Sutton had a verdict, for the tithes of Sutton Marsh, in. Lincolnshire, upon a long and great evidence ; though it appeared that, within time of memory, it was mere shore of the sea, covered at ordin. ary tides, and without the old sea bank." Again, " It may not only be parcel of a manor, but de facto it many tunes i 5.146 ; and perchance it is parcel of almost all such manors as by prescrip. tion have royal fish or wrecks of the sea within their manor.— llethat bath wrecks of the sea or royal fish by prescription manerium, it is a great presumption that the shore is part of the manot;" - He left the application of the law to the facts in evidence with them. One word more as to the inqui. salon of Queen Anne's time.. Why had not the Crown pro. seeded upon the finding ? Evidently there must have been some (rants, in the title. The fact was, that if the claim was good for any thing, it would reach to the whole country round about_ He had caused a profile of the lands to be taken, and they would see, that from the fittees to the high lands, including a distance of eight miles, there were sea-banks which Marked the aequest of the territory from time to time, and proved that the whole of it was holed from the sea, on its gradual accretion in the course of ages, which now could not be counted. Would they suffer themselves to be made instrumental in shaking the title to all these lands, and hundreds like them round the coast? Yet this must result from a verdict for the plaintiff. He would not waste their time in going particularly through the evidence. All the witnesses disavowed the knowledge of any particular time or rate of increase. Suppose for a moment, then,' the right of the plaintiff—holy and , .when. would they have served an eject ment ? 't.Vhen the estate was an inch wide, or after ? Would they have prepared a sea-wall to guard it when it wa, three feet over ? How would they have secured this invisible here ditamentbefore its creation ; and when it did begin to appear, ,at what time would they have entered upon the possession of it ? He zooid find, no better way of enforcing the right of his clients, than by reference to the facts iu issue, that it was by glow, gradual, and impecceptible degrees of alluvion and increase of the ooze, soil, and sand, &c. If he took the evidence in chief, he found that it affirmed this very description of the lands. Had it been otherwise, the witnesses would have known it, and could have spoken to it; the chronicles of the land would have discovered it: Dereliction of land by the sea must be a thing open and notorious, and then the claim of the King could not be brought into the dispute 'No one doubted that the right to Sunk Island, in the Humber, was always in the right of the Crown. But they knew when to stretch forth, and when to withhold the strong arm of prerogative. Be would abide by their own definition of that prerogative—he would take their evidence—he could not make. the case clearer if lie called the whole of the 4t) witnesses in waiting for the defence. He left the issue to the Jury, in perfect confidence- that their verdict would be for the defendants. Mr. Sergeant VAUGHAN rose, apparently to address the Jury. _ Air. Justice PARK said, " What are you going to do—re. ply ? What subject is there for reply ?" Mr. Sergeant VAUGHAN said that the King always had a right of reply. Mr. Justice PARK.—Not where the King is plaintiff: I never knew of such a right. How is that in the the Exchequer, Mr. Clarke ? Mr. CLARICE said in all cases in the Exchequer the King had the right to reply. Mr. Justice PARK—But yours are penal actions ; how is it in eases ? Mr. CLARKE said the rule was the same in extents in the Exchequer Court. Mr. Justice PARK said that was very bewildering, as the case was so uncommon ; esp eiall as the ride in the Exchequer Was contrary to every thing of the kind in the other courts. Mr. Serjeant V.satotrocs said he would wave his own privi lege of reply, but he could not surrender the right of the Crown. Air. DENMAN said be wished he bad known this point would .have been started, he would have concluded his address in a very diftreut manner.. Air. Justice PARK said, in fairness the point ought certainly to have been discussed before the defence.. • • It was agreed, however, that, the individual right being waved, the right . of the Crown to reply, evidence not being of. fered for the defence, tifiould.be left out of the case. . Mr: Justice PARE: proceeded to sum up. He complimented both sides on the conduct of the case, and described the parti cular proceedings. He considered that there was only one issue, though, in form, it stood as two. Having set forth the question as it stood in the issues, he would proceed to state the law of the case derived to them from the highest authorities; then he would expound the evidence, and without :Whig 'one chnunent.of his own, leave the matter to their determination. He began with the passage in Bruton, which was again quoted by Lord Bale, who left out the figure of the gourd or puinpkin, seemingly to the regret of the Learned Counsel for the defence. ' The second authority warts M r. Callis, who, in the reign ofiamee, held a situation which, he was sorry to say, was now no longer retained—that ofreader to the Society of Gray's-inn. This gentle man chose for the subject of his lectures a law passed in the On of Henry VIII., called the Statute of Sewers, to which the coune try was greatly indebted at this very hour, for much of the clean liness and comfort of our populous ielaces. The writings in the time of James I. were said to be tinctured' with pedantry, mid Mr. Collis, in his comments upon the statute, did not seem to have perfectly escaped the infection. There was excellent sense and sound argument, however, to be found in his book, from which he could cite a little more at large that which bore upon the case before them :—Now occasion and time give me fit opportunity to treat of grounds which be newly gained from the sea. If, as I h a v e f o rm er ly d ec l are d, th e groun d s lie the King's, when they are covered with the water, so Must they remain vi t en the sea bath left them. If by little the sea sometimes decrease and leave some parcels to the land, and some other times run over the same again, this ground be.: longs not to the King. For these are grounds wereto the sub ject may have a property as in the grounds of the sea shore ; but otherwise" it is Where quantity of ground that bath always been drowned before, is left—that belongs to the King. The words int-rententum et deeremenewn marls are to be described by the said record of 49 Edw. IlDof the Abbot of Ramsey—. that is, that if the decrease of the sea he by little and imper ceivable means, and the land grown only in long tract of time, whereby some addition is made to the lands to the manor ad. junet, that is a perquiSite to the subject, and the King takes ne. thing—for de minimis non enrol Rex. The other writers have is Lex. "He then goes on to show that the right to any consider able increase must be in the King. So it is not fitting that a subject should have the grounds left by the sea, when so much may happen to be left as the King's own lands in the realm come to ; and so because trimium se exoltat in prerogativom Regis, I am of opinion that the new gained grounds from the sea appertain to ,the King as a royal escheat, and not to the subject. But in my case here is a prescription, where the owner of the manor bath ineronenttim et deerementoot moth of what force this is, is now to be argued,". &c. Then citing Sir Henry Constable's case, he says, " It is taken anti re ceived for law, that a subject's .manor may 'extend to low water-mark by prescrintion ;t' and again, "The lands where upon the sea flows, as they were the King's while covered by the waters, it must needs be held an inftilliiile ground, that they be also the Kings when the waters have left them dry. And when the waters lutd their being on thesame, the whole profit there aris. ing did appertain to the King. Yet 1 have known in some coon tries, wherethe frontagers have claimed thhe g r o u nd s , so l e f t by pretended instances of frontage, and some probable reason might be shewn, wherefore they should have the seine for,as the ground las nearest the sea, and so next to the charge to repair the de fence, and next to the loss where any overflow bappened, it might, therefore, seem reasonable, that ae they were put to the lneatest charge, and in peril of the loss of their lands, that so if ands were left by the sea affront them, that these lands might accrue unto them, as a reciprocal consideration for their charge and loss. But I take it, that of late the law bath in these eases been sometimes ruled for the king, against the subject. For at Croft, in the county of Lincoln, 1,60' acres were gained from the sea, affront the manor of Sir Valentine Brown there; yet 1-'was but to obtain a grant from the king thereof. Anti one .11Ushey, of St. Kegneys ' claimed grounds left by the sea by the mouth pretoded custom offrontage but they were decreed against him. For it were inconvenient that the subject should; have froitage, and yet no bounds prescribed thereto; so that 10,000 acres mat be left ufront it man's metior, which were not fit a subject should have this large' inheritance by pretence of such ./ 0 C.' :;/ allowed custom ; and I suppoae I May herein say in this case, as Mr. Plowden doth of silver mines, that it is intonvenient a sub bect should have the silver mines in hi* grounds, for so might lie ecome richer than the King."--:.Callis' needing on the Statute ofS'eers. So that from these authotities it wits plain that ittala left by the sea must prima facie belong: to the King. They cc next to Lord. Hale, who wrote a treatise De Are Maria. lie sat as a civil Judge during the usurpation, and refused to act in criminal matters, because he deubted• the authority of Crom well. This.scrupulous.character of his conscience was Panel to entitle his opinions to the greatest reverence. But, besides . this, he was a inan of learning; the most consummate. - The Jury, perhaps, knelt , something of his eminent labours in other branches of writing, but they could hardly judge of the excellence 'of his law books. Ile stated the King's right much as Canis did, but with some slight difference upon the elleeiOn. He re ferred particularly to lib. I, chap. 1. Ile ntaai not repeat the passages which had oeen cited put of that work ; but he would add the following, which respcted the prima facie title of the Crown The next evidence to the Kiag's right and propriety in the eea, and the arms thereof, is his right of propriety to the shore, and the maritima incrementa. The shore is that ground that is between the ordinary high and low water. marks. This dotlepeininfacie and of common right, belong to the King, both in the shore of the sea, and the shore of the arms ofalutlea.„ And herein will be three things txaminalle What shall be said the shore or Waal meek.. What shall be said an arm or creek of the sea. What evidence there is of the King's propriety therein. There seem to be three sorts of shores or littora marina according to the various tides, viz., the high spring tides, which are the fluxes of t h e sea et those tide s that happen at the two equinoxials; and certainly this cloth not, de jure communi, belong to the Crown for such spring titles many times overflow ancient meadows and salt marshes, which yet unteuestionably belong to the subject, and this is admitted on all hands ; 2d, The spring tides which happen every month at full and change of the moot!, end the *hoar in question is by some opinion not denominated by these tides neither, but the lands overfloOed with these fluxes ordinerily belotig to the. subject, prima. facie; unless the king bath Is prescription to the contrary ; and the reason semis to be, be cause for the most part the lands covered with these fluxes are dry and manorable,' for at other times the . sea doth nut cover diem ; and therefore ti UCi3g these sharp, mime hold that common right speak tbr the subject, unless there be an usage to entitle. , the Crown ; for this is not properly littus marts; and, therefbre ' it bath been held that where the King 'mikes his title to land as littus maris or parceitz /ittoris raoeini it is not sufficient for him to make it appear to be overflowed at spring tides of this kind." Ile adds in ano tlier place--" Although the, King bath prima jilt* this right in the arms and creeks of the sea, cotnninni jury, and in com mon presumption, yet a subject may have this right ; and this he may have two ways.—iirst,' by the King's charter or grant, and this is without question." It was char that, with the trifling exception which he had pointed out, Lord Bale followed the previous authorities, that prima j4eie the Ki n ' s; was entitled, 1.30 held Blockstone, a writer whose works were supposed to be inferior to no writings of the kind in any lar guage. Indeed, when it was considered properly, they mat .all feel astonished at the mind of an author who could in so small a compass perfect his commentary upon as the laws of England. Some people, it was true, found with his work, and endeavour e d to prove that it was full of errors. He was happy in not been critical enough to detect them. Though he wattready to admit, that in eu great a Work there might be some mistakes, .;they could not. be. ; numerous. The Learned Judge having shown the concurrence of the other authorities cited, proceeded to the matter of evidence. It eer tuinly went to show that the land was covered by the sea ; but it did nothing for the, claim of the Crown, because it did not show whether the lands accrued. by alluvion or dereliction.— It was true that prima facie the ping; was entitled, whether . by alluvion or dereliction. But the plea of the defendants went upon a particular character of alluvion, in which the Crown had no title. As the evidence failed of proving whether the elands grew by derelietioo or alluvion, so it was much less avail able to define the mere point whether the alluvion was tit' that nature which would allow the right of the Crown. On the other hand, the right of the defendant was left by the evidence es badly °WWI that of the CroWn. It was proved that hetIVT" joyed wreck, but that availed nothing. lie had shown no re. nervation of his own right, though all the neighbourhood stock -04 sheep upon it, and no evidence had been rendered by him to spew that die increase was adjacent to his manor. This was the law, and these were the facts of evidence. lie would give no opiuion upon the right one way of the other,. Ile had the firmest confidence in the onderntandinen and.sense of justice of the Jury, and he left it to their decision. The Jury consulted fur a minute or two, and returned a vie.. diet for the defendant. TILE KING V. LORD GWYDIR, MUD DOUOTHEA HAWKS, 1.17.1WA11.1) LIREATIIVAI), ESC/. TIMe eases were severally submitted, in form, and diaring ittle or nothing from the last, verdicts were innuediately taken for the defendants. TIIE KING V. WM. scrtoorp, ESQ. , This case differed in one Particular from the others. The issues were substantially the%Same ; the . plea of the defendant being as betbre, that the land , in question arose by" gradual imperceptible degrees of alluvion and increase of the. ooze, soil, sand, and other matter, sloWly, gradually, and imper ce ptibly thrown up, deposited, and, settled, by . and from the tinx and reflux of the tide and waves of the sea, in and upon and against the outermost and extreme parts of the demesne lands" of the defendant's manor. Isaac Smith was called to prove that the defendant's manor lay within a tract of marsh land called Porter's Marsh ; and that this marsh was between the fittees or new salt marshes and the manor of the defendant. Mr. 111ingworth produced from his bag a copy of a grant made 10 Charles I. of a tract of 2,200 acres of marsh lands, to one Endymion Porter; which tract had been called Porter's Marsh tdmost ever since. A fee-limn rent of tater acre was reserved for the Crown. Mr. Phillips, solicitor, proved that he had purchased this fee.farm rent of the Crown, and was in the habit of Collecting it from those who held the enclosures. There Were two dif. ferent persons from whom he collected it upon 2,200 acres. It followed of course by . the'plers for the defence throughout, that the tittees outside l'orter's4narsh mint be an acquest to the lord of the manor of Porter's-marsh, and the defendant had no title. ► Mr. 14.:14 MAN thought that the point was introduced tot) lute, and that isauc upon which the Jury were to find was allusion Cr dereliction. 4 This new question of title might have been good in IttePing the defendant nut of the pleadings, but now ccould be no answer to the affirmative plea of the de fendant. _ . . . :19 r, .luaticc Panic thought otherwise, and directed the Jtiry to And for the plaintiffs. 'llia defendant had no right to plead ; but if he had been let in by mistake, that did TIM in the least bendit him, since he clearly had no title. Tha Jury found a verdict tier the plaintiff. Mr. PHILLIPS proposed to have a special verdict upon the point of the title, with a verdict upon the issue for the de.i foldout. ...Ur. Justice PARK begged.tbat the Jury would not indorse the record with any such nonsense, lest ull Westrninster-hall should lauh at them, and the Court which would allow ',lona to do it. lie would, however, if . 1)Ir. Phillips chose, consent to a special verdict being taken on both points—tlie issue and the defendant's title. This was declined, anti as the verdict was already pronounced, the question was at rest. Thus terminated an experiment upon titles which, if sue. ccssful, was expected to have run round the Whole Coast, and would have shaken the xight of awhilship in all the lands which are created by the sea. What amount of property the Crown would have seized is thilicult to say, cousidertog the different value of products and uses of coast lands; but the account could not be light, seeing that the above Are only five out of fifty cases found by the inquisition in and about the coast of Lincolnshire. The public, will consider it quite ca well that the.net broke loose in hauling this in prey. Mr. Justice DARK. took the opportunity of etonmetding the full attendance of the gentlemen of the county on the serv;ee of the Special Juries S the more so, as he had met with no such example in his progress through the circuit. These trials lasted from nine in the morning till near six in the evening. Errattil—ln the paper of Saturday , for "":tir. Bayley," junior Counsel for the defence, read " Daley." Fur " A ore (a contiguous river)," read " Aure (a ebringuous nhinor.)" We are happy to he assured that did - Officer . who was among the numerous persons that perished in the Alert Livergool packet was not Major Kvt,t,lt, belonging to the Staff' of tivncral - EONWrolt, as was at tirst supposed . . Major K xs..ve is now in Liontlon,ui excellent hvalth,,