The Sun. — London, England, 1821-11-08 00:00:00

THE LW\ OUN DAILY EXTRACTS FROM TU MORNING PAPERS, November 8. [7.IOEZNING cnaoxlcLE.] The Speech of the King of France on opening the Chambers, which arrived yesterday by ex press, and which our Readers will find in another coiumn, describes in strong language the internal prosperity of France. " if we take a view of our domestic state," he says, " what motives have we not 'to bless Providence ! The sensible progress of industry, agriculture, and the arts, attests that of commerce ; and very soon new channels, by multiplying the means of communi cation and of traffic, will extend the general good to all parts of the kingjorn." Stress is also laid on Theorosperity of the finances. We rejoice at this prosperity of our neighbours, which affords another proof of the vivifying effects of freedom, and th - best refutation of those 'who condemn the Revolution, the parent of the institutions which have called forth. this activity and pros perity. Though the amount of liberty enjoyed by the French falls far short of what ..was in the contemplation of the great and good men of the Constituent As.sernhly, still it has been of incalculable benefit to them. .The ex ample, we trust, will not always be thrown away on unhappy Italy. As was expected, an allusion has been made to Turkey. What is said, however, is ,exceedingly vague. " Great cala mities'aillict the Elst. Let us hope that they approach their termination, and that the pru dence and cordiality of all the Powers will find the means of satisfying what religion, policy, and humanity may justly demand.", This may mean any thing, and in the'present ticklish state of 'affairs, it would not have done to be mere ek- F lieit. The negociatiOns at Hanover, the Berlin Gtr:ette Declaration, the reports from St. Peters burgh, all point to the difficulties which the, Allies have with respect to this subject. We have our doubts with respect to the cordiality. The Greeks, in the mean time, seem to be gain ing additional advantages ovei• the Turks. Tri poliza, the capital of the Morea, is reported to hayelallen into their hands. EITRITISH PRESS.I - Thp reference wade by the King of France to the affairs of . the• East of Europe are of general importance, more especially as they are accom- Futile& by an expression of his•conficlence that ,his relations :with Foreign Powers: will expe rience no interruption of the - friendly terms on which they are now maintained. Els Majesty sees reason to hope that the difficulties now sub-, sisting between Russia and the Porte - will bead- 1 jUsted. • The terms used by his Majesty would, however, imply that no final accommodation has as yet been effected between the rival Powers.— :Nothing can tend more to conciliate the affection of the people of France towards their King than' 'the anxiety he evinces to lighten their burdens, as quickly as may be consistent with public conve- ' "nience. It is but a short time since a large pro portion of the land-tax of France was remitted, at the suggestion of the King himself, and now his 'Majesty again directs the attention of the Depu ties to the probability . that may arise of still . furi ther diminishing the weight of taxation. A King so benignantly alive to the iiterests and desires of his people merits their warmest . gratitude ; and 1.7 a find from the tenor of the Speech, as it pro ceeds, an assurance that the beneficial results .of his Majesty's Government are beginning to be appreciated by his subjects in general, for ." every where- passions are .subsiding and sus picions wearing away." The King has effected a triumph in the breast of many of his enemies over prejudices and passions the worst and strongest •that could be entertained ; but this triumph as yet belongs to the King personally : by the influence, however, of his Majesty's cha racter, it is possible that even theßourbons may, as a family, once more become popular in France. [NEW TIMES.] Letters from Smyrna.to the Ist October, and from Odessa to the 9th, were received yesterday. At the former place, but little business was doing, in consequence of information that the Greek fleet was still at sea ; for it was rationally enough appre hended that these cruisers would not be scrupulous as to the property they might seize. At Odessa, on the contrary, trade wasagain become very briSk. Orders to a large amount had been received from England; but the letters were very silent on politics. Some persons augured war from the :favourable reception given to Baron Strogonoff by the Empe ror Alexander,who is said to have bestowed on that Diplomatist the Order of St. Wladimir ; but we own that this circumstance (if true) would, in our opinion, bear a different construction. We should suppose that the Emperor felt himself obliged to adopt a more amicable policy than that acted upon by Baron Strogonoff, but that consi dering the Baron not to be personally to blame, he had adopted this mode of relieving him from any odium on the subject. It will not fail to be observed, that the language of the King of France to the Legislative Chambers is strongly in favour of the expectation of peace. His Most Christian Majesty expresses a hope " that the prudence and cordiality of all the Powers will find the means of satisfying what Religion, Po and Humanity may justly demand." • -~- Our Neapolitan letters mention a most im portant fact, which we hope soon to see officially announced.'. ft is' that Count Frimonf, the Aus trian General in that kingdov-, feels himself so secure of the tranquillity of the kingdom as to . . propose that the Artily of Occupation shall be reduced to 30,000 men. This is a triumphant answer.to all,the bold assertions of the universal prevalence .of a revolutionary spirit in that.king dom. A few rebels called themselves " the Nation ;" and their imposture obtained implicit credit from The Times and The Morning Chro nick ; bn . t the real nation has cheered with plea sure the return of legitimate order.—(kid.) • • [THE TIMES.] We have spoken of - the — dependence of, Police. 3lagistrates as an unconstitutional and inconsis tent abuse, in a country where the -independence' of Judges was recognized as a prmciple essential to the public liberty. But there is another ground on :which the complete independence of the above Magistrates ought to be established by Parliament—we mean the policy of increasing ,as much as possible the respect of the people for those who administer the l'aws. The Magistrates throughout England, who act without pay, enjoy, in general, the respect and confidence of the nation. They are not generally suspected of a .corrupt bias in favour of the Crown, because they owe to it no obligation. The Government is, on the .other hand, the- obliged , party : the talents, the time, the activity, and resolution, of educated-men, being devoted gratuitously to the maintenance of public order, and to the distribu tion of justice, the most universal and precious of all social interests, it would be unreasonable in most cases to suspect their motives, and a public injury needlessly to impugn their acts. But this is not the feeling entertained with regard to sti pendiary Magistrates. All men will incline to canvass and depreciate.the judgments of those whose personal interests may be affected by their judicial conduct. Every man who is punished, or reprehended, or accused, will think himself aggrieved by a Magistrate under the slightest taint or imputation of possible bias : the law then, comes in for a share of the odium incurred, how ever underservedly, by its ministers, and Govern ment itself loses, by a necessary chain of Causes, the most powerful and secure of all its means of ascendancy over the popular mind. [MORNING POST.] A Pamphlet has just appeared under the title of " War in Greece," which, independent of the interest naturally associated with its sub ject, will be read with delight by the enthu siast in the Greek cause ; with gratification by the more sober-minded philanthropist ; with attention by the' calculating politician, and with information by all. The author reasons with no common stock of acquaintance with military tactics, and particularly as applying to a war. of defence, upon the means to be used by . the Greeks in order to bring the mighty conflict for their liberties to a successful termination: He first treats rather superficially of the Greek .cha racter- in the earlier ages, and gives an energetic description of the present state of that unhappy people. An interesting comparison is then drawn between the moral and physical powers possessed by the Greeks and. those of their barbarous op pressors. •0 f the Greeks it is said•—: lst. They are far more numerous than their enemies. • 2cl. They possess equal coinage. 3d. They possess the greatest part of the country, and many large tracts,. dnd some islands where the Turk, even in the day of his strength, never mild penetrate; and these fOrm so many impregnable fortresses from which to draw supplies: 4th. The Greeks have sailors; the Turk§ have none. sth. The machine of Turkish GOVernment has, in ail its su bordinate parts, been worked by Greeks, and will go on badly without them. 6th. The Greeks are better informed on all sabjeets than the Turks. 7th. They fight, not for civil and religious freedom alone, but for existence ; extirpation is certain it they are defeated : whereas the Turks have Asia Minor to retreat into; and only fight for a province belonging to their Sovereign.' Bth. The best troops the?ultan hadin his army are amongst those Greeks now in aims against him ; and • 9th. The . Turkish army may have courage 'and arms, bpt no thing else, and is not entitled to the name of •an'armr; it is numerous banditti, so bad, that the last Emperor lost his life by an attempt to restore discipline, and introduce the European system among the Janissaries. Against these nine advantages, may bp placed those on the . side of the TurkS: • _ _ Ist. They have an established government. • 2d. They hold most of the fortresses. 11. The Sultan may hate great Command of n - loney if he acts wisely. 4th. Ile has greater means of forging arms and making gun powder. A total ignorance of the art of :war, and a complete want of discipline, is a disadvantage ctiihmbn to both Greek's and Turks ; but the former have the advantage of being aware of their ignorance, and eager to remedy the defect. - This feel ing is a host of strength on their side. 'Thus nine points are in: favour of the Greeks, and four against . them : the matter then resolves itself into this. The Greeks must labour with energy to gain the ascendancy in the four points of their weakness, and to maintain it in the nine of their strength : bow to do this is, not, difficult to skew; it consists in the formation of a civil and a military 'government : the first to draw forth and regulate the resources of the country, the second to wield them. PROVINCIAL JOURNALS. .Wehave often observed, that leisure and reflection enable the Provincial Journals to form a more accuratejudgment of pass ing events than those ot the . Metropolis, and few are more en titled to attention in this respect than the Paper from which we have taken the subjoined Extract. [From the Leeds Intclligencer, Nov. 5.] A writer in a neighbouring print asserts, that,the Tory Jour nals urge two reasons for the 'dismissal of Sir Robert WilsOn; " either of which they contend is.suffiefent, as a justification-of " the treatment he has received. One of these is Sir Robert " :Wilson's conduct in aiding the escape of Lavalate ; the " other is his attendance at the Queen's funeral." The " Tory Journals" contend no such thing ; but some'men have . effrontery enough to say any thing, to defend a outorionsly bad cause; and, with professions of " candour" always in their mouths, they are distinguished only for the disingenuousness with which they pervert the arguments, and misrepresent the statements, of slieir opponents. The Tory Journals do not contend, that the conduct of Sir Robert Wilson, in the affair of Lavalette, is a sufficient justification for his dismission now ; but they do contend, that it was the clemency of the King, which preserved him from being struck off the army list at that time; and that, after such " flagrant misconduct," and the cen sure then passed upon it by his Majesty, Sir Robert had no right to expect impunity, if he again offended. Neither do they " contend" that " his attendance at the Queen's funeral," simply considered, is sufficient justification of the course pur sued towards him. But that attendance was coupled with othe circumstances, which, we repeat, rendered Sir Robert's conduct a disgrace to the army, and an insult to the King, who had been his kind and generous benefactor ; but whose cause, with true 'Whig gratitude, he has deserted, because •his own selfish ends have not been fully gratified. As an attendant at that fu neral, Sir Robert Wilson saw the King's commands braved by a lawless mob and the King's civil and military au thorities assaulted by a set of ruffians—a disgrace to the name of Englishmen. •• And what did he do ?—lnstead of ranging himself on the side. of the King and the laws, he " interfered" in behalf of the rioters; and thus gave his influence and coun tenance to their atrocious conduct. The fact of his " inter ference" on that day is not disavowed—it is made a boast of by his friends ; and it is ridiculous to think, that, after such con duct, he could be permitted to hold his situation. The efforts of faction, have, however, completely faded in making Sir Ro bert an object of public commiseration. His subscription amounts to a large sum, to be sure; but nearly 40001. have been subscribed by fourteen individuals ; and of the rest, the greater part conies out of the pockets of Sir Robert's parliamentary coadjutors. The people of England look upon his dismissal as deservedly incurred • and consider it as simply a just and equi table exercise of the King's lawful prero.gative: LAW INTELLIGENCE. COURT OF CHANCERY, Nov. 7. ELOPEMENT WITH A WARI: IN CHANCERA% r SEALE V. THOMAS AND JOSEPH BAIILOW. This was an application made by Mr. CHISG, on the'part of the friends of a young Lady, to commit the defendants to toe Fleet Prison, under the following circumstances ;---Miss Scale, who was a resident with her aunt at Derby. being . ' entitled to a sum of 10001. on attaining the age of 21, had been indUced to elope with th 6 defendant, Thomas Barlow, who was a journey man to :his brother Joseph, a toolmaker at Derby. The De fendant, Thomas, it was stated, had_ by some means olltained information that the young Lady was entitled to a fortune, and had accordingly paid his addresses to her ; but the circumstance becoming t known to the aunt, she forbad him the house, and • informed him .that her niece was only 19 years of age, and a.' Ward in Chancery. This however did not induce him to with hold his attentions to the young Lady, and on • October 8, they eloped and contrived to remain undiscovered for some time. Application was then made to the Master of the Rolls, for a writ of Habeas Corpus, to bring up the body of the young lady, and it' being discovered that the parties had gone to Liverpool, a Solicitor was sent after them, who ultimately traced them to Staverley. The order having been served on the defendant Thomas, he at first refused to deliver up Miss Seale, hilt after a lapse of two hourssonsented to do so. The young Lady was then conveyed .back i to Chesterfield, and from thence m Lon don, accompanied by the two defendants. She was then com mitted to the care of her uncle, with whom she now was. Mr. ROUPELL said, he had been applied to • by the defend ants, who had been in Court yesterday, and who glad informed him ,that they could rebut the greater part of the allegations against them. The LORD CHANCELLOR intimated, that it;might be too harsh to issue the order at that moment, as they might appear in the course of the day. . COURT OF KING'S BENCH, Nov. 7. RIGHT OF BATHING ON THE SEA SHORE. BLUNDELL v. CATTERAL. When the Judges took their seats this morning, a decisior was given upon a question of considerable interest to the pub. lie. It arose out of ah - action of trespass tried before Mr. Jus. tice.BAXLEY at Lancaster. _ _ The plaintiff,svho is Lord of a Manor, and owner of soil on the banks of the Mersey, where he claims the exclusive right of fishing, sought to deprive the defendant, who keeps an hotel on the spot, of the power of passing machines below, high and low water-mark, for the purpose of sea bathing. The defendant insisted upon the common law right of all the subjects of the King to bathe on the sea shore. rfue Jury found for the plaintiff, subject to the opinion of the Court. _ _ _ The question consequently arose whether the public had a right to pass over the barren sand of the sea for the purpose of sea bathing.. Mr. Justice BEST .delivered a most luminous judgment upon this interesting - point; He commenced by-expressing concern that he was compelled to differ from the other Learned Judges in the opinion he had. formed. After giving the case all the con sitbrationle could, he found himself obliged to say, the sub jects of this country had a common law right to pass over the sad of the sea for the purpose of bathing. When he men tioned bathing, he considered it only as part of a greater right. The subjects of this country had the right to use the sea shore, for the purposes of navigation and commerce, and they could nut be obstructed in the enjoyment of that right by the erection • of buildings on the sea shore, except those buildings were wharfs and quays for the purposes of navigation. This was a most,important question, because, in his opinion, it was impos sible to say the people of England had not the right of bathing in the sea, and using the shore for that purpose. England was a maritime country, and the use of the sea shore was the com mon right Of, the people. The right of fishing exclusively claimed by the plaintiff, could not interfere with the right of the public. No Lord of the Manor could say to a person walk ing on the sea beach, for the purpose of bathing, Sir, you shall not bathe without my consent. All the legal authorities lie could find were against it. To claim such a right was incon sistent with the law of the land. The principle upon which he formed his opinion was this Lord of a Manor derived his right from the King, to-whom the sea shore belonged. It was impOsSible the Lord could:have a greater right than the King, who had no right, in the soil of the sea shore, to prevent his sub jects going over it. The King held the sea shore in trust for the public. The sea, by the Common Law, was open to all the subjects; and by the same law the public had a right to pass over the sand, which was the only approach to the sea.— The King had a right of wreck upon his coast, and .the public were expected not only to secure a wreck, hut assist the dis tressed mariners. If persons had not the right of going over the sand, how could they afford the assistance expected ? No pre scriptive right could be good which deprived the subject of the fuse - of the seashore. The sea had been called by an eminent writer, the great highway of the world; and it had never be fore been contended that the sea shore could be considered pri vate property, upon which the public had no right to land. If any part of the sea coast was inclosed as private property, the in closure, unless it was for the purposes of navigation, must be re moved upon indictment for a nuisance. There was no specific part of the sea coast where persons were prolnbiteafrom bathing, and no one had ever heard that the Lord of a Manor could pre vent persons bathing. Then it had been said bathing machines were a new invention, and could not be allowed. .If bathing was the right of the subject, decency was nevertheless required, and no objection ought to be made on that account. Without those machines females, and persons suffering under infirmities, would not be able to bathe. 'I he right of fishing was only part of the great right to approach the sea. Free access to the sea Was: one of the great interests of the country. The business of a mari time nation could not go on without free access to the beach:— Could it be said a ship coming from a long voyage could not land upon the sea beach without the permission of the Lord of the Ma nor ? The Learned .Judge, adverting to the law on the question, referred to Hargrave's Law Tracts, where a passage is given from Bractonn e stating that die right the public had long enjoyed upon the sea-shore, was established on common law. The banks of rivers were free to fishers. Rivers perpetual, as they are termed, were public. The shores of the sea were also pub lic. Bracton's-law had been impugned by Judge Buller, who was of opinion that was not the common law, but Callas adopted the passage of Bracton, and considered it as forming part of the English common law. if Bracton's doctrine was law ,in the reign of Heim the Third, it must be law in the reign of George the Foarth. The Learned .Judge cited the dicta of .Judges found in various legal authorities in support of his opinions, and concluded by declaring that the defendant, upon his view of the case,.was entitled to judgment. • Mr. Justice 'Joni° rp commented with great legal know, ledge on the passage in Bracton, which was copied from. Jus.: tinian, lib. 2. s. 1. That doctrine he held to be contrary to many sound decisions in cases which the Learned Judge cited. He was of opinion the right to bathe on the sea shore.was not to be found in the Common Law, and held that the plaintiff in this case ought to have judgment, Mr. Justice BAvi,ET and the LORD ChtiEr JUST ICE also' held that the public hail not the right of going upon the sea • shore to bathe. The sea shore belonged to the King, who corn ferred the right of navigation and fishing ; but it did not follow that the right of bathing was conferred. If that right really did exist, it must extend to the whole range of sea coast, and in that case mischief and inconvenience must unavoidably arise. If a person had a rant of land extending to the sea shore, was he to be obstructed in the enjoyment of it, either fbr recreation or any other object by machines for bathing? The Crown cer. tainly would nut withhold the right of bathing where it did not interfere with private property. If bathing had long been al, lowed in any part of the sea coast, it would become a-right by custom. Having considerable doubt on the doctrine of Bruton, both the Learned Judges decided, that the Plaintiff ought to have a verdict, and judgment was consequently entered for the Plaintiff. COURT OF COMMON PLEAS, Nov. 7. IM ANTPORT CASE. Imvis v. Tilt BANK OF ENC LAND. • This day, Mr. Serjeant LENS' moved this Court for a rule to shew cause why the plaintiff, Mr. Horitio Davis, in a cause in which the Bank of .England were defendants, should not have a new, trial, on the ground that he was taken by surprise in a material fact, which had led to a recent verdict against him. It will be recollected that Mr. Horatio Davis, a gentleman of consideration, had brought an action to r ecover f r on t the Go vernor and Company of the Bank of Enkland,tWO MITI:: of 50001. which stood in his name in the 3 per cent. Consols, and 75 Long Annuities, and which bad been fraudulently drawn outof the Bank, by 'Mr. Davis's brother , Si r. J . H. Danis, whO was wrest ed' on a charge Of forgery upon Messrs Drummond and Co.,and who afterwards escaped, in female attire, from the Poultry Compter. Mr. Horatio 'Davis, as was his right, proc , eded to recover from the Bank that amount of stock ; tie Bankialthougb bearing similar losses when no suspicion attaches to the claimant who is forged upon, resisted the payment on the ground that Mr. Horatio Davis was appriSed by Ins brother, while in custody at the Poultry Compter, of the forgery he had committed, and had not disc ose'tha circumstance to the Bank. Illtt what principally induced the ve rdictfor the Bank when the case came before Lord Chief Justice Abbott, was the defendant's shelv ing that on the 10th of January, the day when the dividends upon stock became payable at the Bank, the brother, J. 11. Davis, had paid to the plaintiff's banker on his account 1501. which was the identical sum due out of the 3 per' Cent. Consols Annuities. From that fact, then for the first time introduced by the Bank, all inference was forcibly raised that Mr. Horatio Davis must then have known his brother had committztd the yJr g ery, and by not disclosing such knowledge to the Banlq. had preclud..d himself from any legal claim against that 4 , :stablishment for any reinibutsment- of his loss. Mr. Se.r jeant Lens now tendered several affidavits, for the purpose of sheWing•that had not the plaintiff been taken by surprise at the trial;_he.cduld haVe,satisfactrifily proved that the 1501. was dis tinctly paid on a housekeePing account, which was-conjointly, kept between Lady Davis and her sons;. and which on the day m question amounted to 4501. and each in - liquidation had paid 1501.'50 that as far =as,the particular paymmt - Went, the infe rence upon which the :fury went was.-,altogether fallacious. It wastrpon these grounds that he , applied for a new trial. The Court gr;nted a rule to slilir. cause. The Court notified that they would not go into the City to morrow, as was published on the paper, owing to the Court in Guildhall being in preparation for the i ord Mayor's festival. PREROGATIVE COURT, Nov. 7. IN' THE GOODS OF - CHAMBERS, DECEASED• [The iJou7trOsevelie.niy, having been entirely occupied with motions in the usual course, and these, with the following exceptiOn, poksessing no public interest] : In the above case, Dr. JENNER stated that—. Chambers, Esq., late a Captain in his Niajesty's navy, had died abroad, leav ing a will, by which he bequeathed property to the amount of 2,3001. Under this disposition, he had left his mother, the Hon. Dame Chambers, a legatee to the amount of 6001., which sum was directed to be secured to her for her own use, free from all con- trol on the part of her hi\iband. The learned counsel added, that Dame Chambers was appointed executrix ; but her husband not appearing in this Court, no proxy being offered • for him, and he, in point of fact, having been under sentence of excom munication passed by the Spiritual Courts so long ago as the year 1803, and it not being known where he could now be found, he (Dr. Jenner) 'was instructed to move the Court that administration with the will annexed should be granted to the Hon. Dame Chambers. _ _ _ Sir JoH NICHOLL said, that though these circumstances were very peculiar, and though no opposition was offered to this prayer of Counsel, the more regular course, and that which he should direct to be taken, would be, to give due notice of this application on the part of Dame ChamberS, by publishing it on tne of the Royal Exchange, and by advertisement in the public newspapers. If no appearance should, after Chi:; be given on the part of her husband, within the usual time ordered by the law in such cases, the Court would feel no difficulty. in decreeing as prayed. IMPORTANT TO MANUFACTURERS: NOTTINGHAM SESSIONS. KAYE v.IIOGEItS. This was an appeal against a warrant of distress issued againSt Kaye, the appellant, on the.complaint of Thos. Rogers, the respondent, a workman in the silk and cotton trade, that he had been paid the sum of £79 wages due to him, in,goods 414 not in money, contrary to the provisions of the Act of the 12th of George I. • Rogers was called, and deposed, that abciuf three years ago he obtained work from Mr. Kaye for two warp ma• chines, at the full price, and was paid in money ; he had been working before at another place, and, was paid as four for five. When he had worked for Mr. Kaye a month, he was told that he must receive half his wages in goods and half in money, as the other men did; and lie consented, receiving watches - ,'' breeches pieces, a parasol, lea-caddy, prints, and such like articles, some of Which, were produced Court. Thus he worked for a long time, and at length made a fresh contract for' some figured work, for which he was to be paid all. in money. He was not paid. according to agreement, and applied to the Police Office for the payment of the wages which he had, been paid in goods, and on this complaint the magistrates made an order for the payment, and granted a warrant of distress. Af. ter Mr. Hurst, for the respondent, had been heard, an attempt wa4 made to comproMise the matter, but it failed, and Mr. Par sons was heard for the appellant. The learned Record,:r said he would look into the Acts of Parliament referred. to, in the course of the evening, and would give the j udgment.of the Court on the following day. Accordingly, on Friday, the decision of the Court was pronounced in favour of the respondent. Mr. Recorder ob served, that the facts, in this case, were not disputed ; the only question was, as to the construction of the'Act of Parliament. It was admitted on both sides, that providing the payment in mods was a lawful payment, nothing would now be coming to Rogers, he would have been paid the whole of his demands ; but if pay ment in goods was no 'payment in law, it could not be disputed that the magistrate had a right to grant a warrant of distress on the complaint of Rogers. This question turned principally upon the construction of .the 3d and 4th clan* of the 12th Geo. I. c. 34, the provisions of which, by the 22d Geo. 11., had: been extended to the cotton trade. He believed this was the first judicial opinion which had been given on' this point, and , after a very careful perusal, on , the best construction he could put on the different Acts, he was bound to say that he thought the magistrates were right, and that the warrant was good and valid. The third clause enacted, that the payment should be . made in good and lawful money ; now if that had been all, the proceeding must have been by indictment : but it proceeded further, and said that the payment should not be made in goods, and fur non-payment in money the magistrates were to issue their warrants of distress. Now it was not contended - that there had been any payment in money, and therefore the warrant was properly granted. Mr. Parsons had ably contended, that if so, the 4th clause, which enacts a penalty for payment in goods, was in 'this case nugatory, but he thought it was accu mulative; and that this was an additional fence and guard for the workman, against the oppression of his master in bad tim.s. Under all these circumstances, his judgment was; that the pay ment in goods was no payment at all under the Act of Parlia ment, and, therefore thai. the magistrates had done right in granting their warrant of distress.—Appeal dismissed. Mr. I'arsons instantly signified his intention of removing it to the Court of King's Bench eif he should find that he had power so to do. • CIUSTER 1" outcE.,—We congratulate our fel low citizens on the vigour and promptitude with which our worthy Chief Magistrate, Mr. ltoc-Eas, has commenced his Mayoralty, with a view of enforcing the laws of the land against breaches of the peace and good order. His Worship has .dUring the last week issued an advertisement, announcing his determination to suppress the practice of keeping- open shops on. the Lord's day ; to proceed against common - beggars, and other disorderly persons ; regulate the hours of shutting up public houses ; and 'likewise 16 enforce a due regard to weights and measures. And especially we rejoice to •see, that he ex presses his determination to correct that most flagrant and disgraceful nuisance, arising from! the crowds of disorderly per Sons; both male and female, which nightly infest our rows, particuil larly on the evening of the Sabbath. This is an evil which has long been the subject of complaint and regret both to residents and strangers, and which calls for not only the interposition of magisterial authority, but for the zealous and concurrent exertion of every inhabitant who has a proper regard to decorum and the well-being of society. 'We believe the notoriety and gross ness of the fact is so strongly impressed upon the minds of our respectable fellow-citizens, that if the Mayor would solicit their personal assist ance, for effectually, putting down the evil, his call would be answered with alacrity and effect; and that he would certainly secure the " co-ope ! ration of the heads of families, in assisting him in preventing this offensive nuisance."--To every reasonable mean which the !Mayor may adopt, for effectuating the laudable ends-he proposes, he will at least have our best wishes and thanks, as well as 'our most cordial support.—(Chester Cow ant.) CARMAGE BRIDGE' TO THE PRINTERS OF THE KENTISII GAZETTE. GEATL EM EN-1 request you' will correct• a' statement which appeared in your Paper of Fri-- day last, relative to the repair of the CAR"' itl GE "LODGE at the tail of the Abbot's Mill. in% this City,. in which it was erroneously said they bricked arch had given way and sunk, and that, it had become necessary to stop the passage, or_ carriages over it. The fact is this, the workmen: employed had omitted to ease the centre upon the completion of the arch, as was directed by the Surveyor, and upon the sudden removal of the centre on Thursday morning last, the natural set- ement of the arch caused the parapet waJis to sink in the middle only, but no injury whatever, was done to the arch, which is built in the most substantial and workmanlike manner. The pas sage of carriages has been obstructed only durina. Friday morning, the time required by the work-' men to repair the parapet walls ; it is true that• an application was made to the Mayor to put up' barriers, but such proceeding was to the meanest. capacity quite unnecessary, as no danger what: ever could arise from passing over the bridge.--' In reference to the observation, that a consider A able expellee might have been saved by a repair of the old bridge with timber, the public should- be informed that the estimate for such repair, de. livered at the last Sessions by a builder of this city, was upwards of 601. whereas the charge for the present much more substantial work not exceed 701.'The incorrectness of the statemeot , that the main timbers of the old 'bridge " were, as sound and firm as when first laid by the late- lessee of the mill, Mr. Alderman Simmons,'; may be ascertained by viewing their rotten aol" dilapidated state in the yard of Mr. S. Ilaclieft builder, of this city. AN OBSERVER. Canterbury, Nov. 5, 1821.. • CAUTION TO FARSIERS,CARRYERS, AND °nag s ! —There are -snme men traversing this Count/ with the view of making a sum of money by lay' lug informationS'against the owners of waggen g / caravans, &c. which have not the proper nanle and place of abode of the owners ; it therefore behaves all those who have any carriage of that description to have them properly marked, whic h ' according to the statute, must be painted on th e body of the carriage in the most conspicuous parr thereof, and not on a tin plate or piece of bo ar ' nailed thereon ; .and the Christian and surnam e must be in words at length, and the name of t he city, town, or parish in which such owner resiJes' otherwise the Magistrate before whom the it"' formation is given must inflict the whole penaltY for every waggon, caravan l cart, &c. not thus Pf °- pe rymark ed K. - en/Lit Ga7,ette, Nov. 6.) BO ROUGH GANG OF RESURRECTION 1110 1 ' .- : On Friday last, three fellows named 5 )104 Thomson, and Collins, belonging to this ja g. "' mous gang, and who forfeiter', their at the last Maidstone sessions, were returning to town a cart, having six dead bodies, whio they must have stolen from some church -yard ill the neighbourhood of Footscray, and were sta ; ped at that turnpike-gate ; but the villains e `; fected their escape, leaving, bow ever, the h or % and cart with the dead bodies behind. It Or the same horse -and cart they , had at Seal, oea j Seven Oaks, some time ago, when they attemPtew to rob4 ; hat church-yard. : This subject is - or . , being investigated by .Mr. Ell ' E•Nl?,j an active ). " gistrate of that , neighbourhood. On the sa rl 'a night the two Crouches (,llrothers,) //a7viel, 31 ,15 another fellow, all belonging to this gang, were stopped with a'horse and cart allula dead body at Epping. The . hOrse and cart 3.tier the two Crouches were secured, and the latte r safely lodged in Barking • giol. Barnett and 1 0 ., other fellow escaped by knocking,downthe c,c)tv stable. T‘vo or three aotive• oifice - rs .are look-out for the, whole of these desperadoes' r o ar On Satvday -afternoon last, between ' and five o'clock, as EDWARD BUCK HA M, a 91 1 , 6 man who assisted' his father and mother i n management of a small farm near Ponteland, I LI driving a _cart laden with manure on the e near Bullock-steads, 'there being three rajoa carts returning from Newcastle market bel' r.; him, the driver of the last, W. Bitows, a fa rn ,' e r t, son, when about '2OO yards from the dung"--rifi, set oil at a gallop, passed the . other two 3 jo ci, which continued their Usual pace, a nd l'a c jv only reins to the shaft-h Oise, drove his clirt ,ted rectly upon pOor P;uckbam, who had r etr % of behind his own vehicle for safety ; the sha—iiis Brown's cart was instantly forced through cifbody, body, clothes and all, and the end brActile short, protrUning both ways ! Of course co, sufferer died instantly. The author of tbis t c; tastrophe drove on at a trot, but was called ret‘ by the spectator's, when he evinced his rejs On Monday an inquest was held on the bnufaiet S. REED, Esq. and the Jury returned a v er i . o ttr of Manslaughter against Brown. and he - a S 0 14: mitten ny• the -Coroner to-Moriwth gaoll ' his trial at the next A,ss;zes —(Ber---ick ) 1 tezer.) Pric e ll 4. l Snider >°,o' Lold - - - t ,ct tie' 'Mt COAL-ILAR.a.I7I, No v. 7. Ships at Market. Ships sole, 105 Newcastle - • • 894 I'~IfITJJS, ...5iti.,.... .. o . On the `.39th October, At Paris, the Lady of Ale:can j, • , Tr` '• man lilacleod, Esq., of 'Harris, of'a son. On the Ist inst. at Catharine Bank, Scotland, N r t . of a soil. • MARRIED, °I) . 0 of fr '' , l'' g, ~,* ' .()rtthe Grit ingt„ at Angrnering, Mr. 11 , i' 13 - ° g —, lyo -t . ~....„.„," dean, in the Parish of Rottin;-dean, to Mary An"e7 ter of the late J. liolmwood,'Esq., of Aogn ier ing. . t, se ° DIED. o - e ' . e On the 7th June, at Calcutta, Mr. .lohn Finchara; oss . iiP son of the late Mr, Francis I'incham, of Gliar in g -c •dolf ° ',l Yesterday, in her 'dfith year, Mrs. 2,lillington, "w l s oli late Isaiah Millington, 'Esq., of tireenwich. be C 3t' Lately - , the Rev. John Sw ,, te PrelyendarY 0 " ~,11,.,i( .1 , Church of Exeter. _•!,.., ~r a rt'', , r, A few days since, at Potter's - Par , in Norul'i r ,acP c :of ~ , the Rev. Isaac Gardner, many Scars faster of 1 t,l; . , vo ior Congregation of Protestant Disser.ters,. near Cambridge. ... e. 7 ,4 4f . - - Printed and Published, for l fhe O Fit I-I.:T 111'on:I, -„ OFFICE, il`3, Strand, by J. 73. c,tw.o-1, •