The British Press; or, Morning Literary Advertiser.
London, England, 1822-04-29 00:00:00

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LA W
WORT efr CHANCEIeY, latecoues Ire, •
• SATUILDAy, Aran. 27.
A barrister from Somersetshire, for the first lime,
appeared in this Court, and • was proceedinte, ex
parte to open the came of one John Clarke, whoa
he described es being a destitute young man, in
consequence of being in his infancy in America
ellen his father died in England, leaving con-
siderable property, which had been the cause of •
law suit, end it judgment given contrary to Ida
joferest. His Lordship asked if this young man
litho ..oppesriesUb Court) had been send as a
party in the proceedings and lieing answered in
the negative, said, that the whole of the proceed-
jive, from beginning to end. and every word
of the itidgmenr„ had been wrong. He could do
do tag in tise.sonse suit. The young man could
neither claim nuy interest, nor be called upon to
answi.r any demand made in consequence of those
proceedings ; but if he had any thing to bring be-
fore the Court, he must file a bill in the regular
manner.
The Leamed Gentleman pressed very strongly to
he permiiied fully to open the e.ae of his client, but
his Lordship interrupted him and said, he wished
.to be considered as humane as any mail living, but
he could on no account whatever allow ircegulee
proceedings in the Court. He would, however.'
Hike the affidavits and papery, which the Learned
Counsel was supplied with, and peruse them.
ott.t.o• WN. PARKER.
Mr. Dillon. in the dress of a barrister, has for
several il.ivs•beaso laboriously employed in opening
this bill claiming to be heir at law to the Talton,
Hampton-in-Arden, Salisbury Court, and Short-
er's Court estates:. and slier having employed roar
hours of the'Cansrt's time this days he said he had
finished fur the present all the evidence he intended
submitting.
His Lordehip then replied, that he would hear
the opposing Connie! on Tuesday, and ou Mon-
day he would send down a note mentioning what
motions he would then also dispose of

COURT OP KING'S BENCH, Werristiersit,
SATIIRDAY, Aran. V.
MEDIAN V. THE CAST INDIA CONFARY.
This, as it will be reclillected, was mu action of
trotter, tried before the Chief Justice at Guild.-
: hall. to recover the value of • quantity of indigo.
A verdict was found for the Plaintiff; under the
i following circumstances, for 4,oool.:—The indigo
in question had been shipped at Calcutta on
board the Cerbesas ou account of the Plain-
till's here iu England. The Cesberws was wreck-
ed at the Cape in her way to England, and
some of the cargo got on shore in a damaged
state; the indigo was amongst the cargo saved.
underwent •,eurvey, and was sold with the rest of
the cargo, under the authority of the captain, by
piddle sale, purchased by the persons who were
the real defendants in this cal.-, and forwarded to
England. The Plaintiff brought his action of
trover, to re' the value of the cargo, on the
ground that the captain had no authority Weed,
but ought to have transhipped the goods, and sent
them forward to England. The Chief Justice
was decidedly of that opinion, and the Jary foetid
a verdict. fur the Plaintiff.
The SOLICITOR..GBX UAL DOW applied for a
new trial, on the ground that the captain had by
law a right to sell ;" and even if not, that as the
Defeodants were bona Jfde parchosers in a public
market, they were entitled to retain the properly
against ',vary nue. .
The Cower refused the rule, en thermic's! filet
the Master had a right to hypothecate the ship
and cargo, but beyond that be had 00 right.
If a ship should be wrecked akh •perishable cargo,
or where there was ao means of trenahippiug it, ,
there the Captain would have a right to sell; Ind
in any oilier situation he should not legally go be.i
yond hypothecation. In this case the cargo was
not perishable, and there was ample opportunity
of reshipping and sending the indigo to England,
which ought to have been done.—Rule refused.
TIIR RIND V. NNA,TCTIBUI.I, AND OTEIBIta.
Mr. &mixes said die Defendants in this case
had beau found gpilty of a couspiracy, sad were
desirous to apply to the Court for a new trial, when
it would, of course, according so the role of the
Court, be necesssry they should all be present.
The Defendant. Icoatchbull was at present a pri-
, Auer in or fleet, and he had now to apply .to
their Lorikiiips for a habeas corpus to enable hint
to attend.
The CHIEF JuRTICIt observed, .node', these cir•
cniustalics, uolesa the prosecutors .objected, the
Court would dispense with his attendance, sad save
the vspeorst of a writ.
. Mr. Guaviev said, the prosecutors would most
readily assent to the suggestion thrown out by the
'Court.
HARDT e. BOTcIII.
Mr. Serjeant FAURE applied to she Court to have
a new trial in this ease, in which the verdict had
been for the Platutiff for 3,01., or to have these du-
•gee reduced. The action was vied at the late
, Assizes for Norfolk, and was one entirely new in ite
.ohoracter. The Plaiutiffi were great iron-masters in
Staffordshire, and the Di-readmits, coach-masters in
Norfolk. The present action was brought to recover
4 compeosation in detnages for an injury which they
alleged they had received by the curies* driving of
it the befeudant's servant, by which the coach was
worertstrneel,- and • servant of the Plaintiff's, mimed
'Francis Butteofield, sustained very serious personal
',injury; It appeared that Butterfield was a traveller
iiu the service of the Plaintiffs. The accident occur-
.red on the 16th February. Butterfield lingered in
treat miser/ till the 15th April, on which day he ex-
pired. The Pleimiffs declared for the expensee they
bad been at in supporting their servaot during that
,petiod, for.the Amount of medical attendance, fur
.two mouths' wars, and for the loss aurtsineti'by
being deprived of his services. The Learned Ser.
:jaunt contended, that the men having died. his
,etold•Yera could net snittato the action, and even if
theptusuld..the damages mete excessii-
. The Court granted a ride to chew
•

COVRt Or COItIION PLEAS, WESTSV
SZTVIDAT, APRIL 27.

saris. .3►•'u la. 'maws:.
HERIOT ON THE HORSE SMOI

Mr. Scrirant PILL laid, that tit

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ONO IV . • Nallmnial Crurland, Esq., and Defets;•
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kircits Joseph Jekyl and Thom*, Csst ~, ingipors
re. trustees under the will of the late Sir Cloird,
ilonbare,,Bart. The
section was bniuglo. by phi
Pliiiiitiff as. Lord of the Manor of Pork Ha!!,'
Essex; to • tiliciverto roosiderable sum of money,
the produce of horses sold at Tettersall'a. the pro- ••
perty of theilate Sir,Cherles Bunbary. in right of
his Gerdshiii, as heriois fur a copyhold estate, hit
which Sir Charles ))ad a life interest. The que,-
~
tiara was one,of very great novelty and of erouider- '
able iniportriute. The copyhold estate held by the
late Sir C. Sunbury, semi 11 very small ow, mot hail
in contequence tif the for of tranansiisioa (wee •;„
adopted between owe sister and another, been mink . •
div•siihre into foroneen separate parts, end the
real question was, whether the toed of the manor
did not therehy, Oleo) the death of the heldes'o lire..
interest, become entitled!, not to one heriot, iieen+
log to the original form of the eipyhold, lint to . •
fourteen, in condrecinewce of itelourteen subonptek• • •
divisibilities. Sit Charles Banbury, it oar well i
known, wus ageolletiosti whO kept up a very Woe
and valuable land of horsev. At the time of has • i
death, hr had 22 .valuable horse* at hist grazing
farm of Barton, in Suffolk; sod he hold besides a ,
most valuable race-horse, called Sateknae. who was ..
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in the cure of a gentlemasiii the north of England.
&no/ens/to, with tinrteen other hotses„ were saildi'lat
Tattersall's after the death of Sir Charles ; the racer ' •
brought 1,300 guinea, and 1111 action was brought
by the lord of the manor to recover the produce of
that *ale, in virtue of his right to the 14 heriotr.
The Jury found a.erodiet for the Plaintiff, exclud-
ing the value of Smolensk° ; unithis preseuf appli- •4•
cation was for a new trial, ou the ground that the. -o,
exclusion of that horse from the amount, was
against the evidence upon which alone the Jury
,_ il"
were bound to decide. In making this application.. ''.
he was perfectly aware that the Court would, frown -
the nature of the claim, extend to him no relief
wales, the demand was clearly imperatitre in law,
end such as no private consideratiou could evade.
The special case mew before the Court seats, w
tier or not Smolenske ought, according In the eno f".;;....:
deuce, so have been included for the fuint** as -
tali
one of the 14 horses to which he was entitled as ~
heriot. He knew that it was extremely,Lat,d upon
a Gentleman who, in igunrance of law, .laccae
possessed of a sisall copyisold property slot woith
snore than two or three hundred pounds, 10 be ..
sobject, in a claim of heriot, to a deinand, ill.. •
ceeding by many hundreds of pounds the 'whole
value of the copyhold in virtue of which the .
heriot wee mode. Then to consider the nature of ...:'• •
the case. The Jury Nand a special verdict in these
words ;—‘. A verdict for the Plionttff for the pro.' 4*
duce of as 'buoy lieriots as the Court thought he
was entitled to. from the farm of Barton, to Sujoi.
folk, because Hierriesc when he went. to look, mot •
he bad seen enosigh there." This navies was the
'messenger sent by the Lord of the Mew, after
the death of Sir Charles Bunbury...to.naquire into
i
his stud. When he wept he saw the. hood•gr000l• „
who gave him, ass seelellot *I the liaise, end ho re- -1.
doted this weetteint-tworriting in a IM, at the heed a
of
which was Snualeguko, whom the groom fold hink 4"
woe then (and Ilia ben for two months before Sins*.
Charles's death) In q,e care of Dr. Clarke, at .•••
.Ferry-bridge. in •Yorkshire. Herries was then strewn
lereirty-two other horses at Banos ; sod after •
P
this, he said, “he had seen enough,"—words to
which, it we, clear, induced the decision of 'The
Jury, hut entirely owing to a misapplication of
their intended inesuiog by the messenger. It wire
important far the Court to bear in tared that the
,0.,
Ommeager merely went over to irscprieetesperliSig7.,.
thehorsea, with the vie* of aseertaiuias tit; nature
ofithe property on which the heriot imp fall, aid
not at tile time for the pnrome ormaking any
particular claim, turd the Lord Chief Justice left • •„.•
it for the Jury to say whether. according to that •
evidence, it was intended the Lord of the Manor •
should make his claim for heriots upon fourteen
out of the twenty-two horses at Bartotr,,or to iii-
elude in his demi Smolensk°, who was then away ; •
and the -Jure found, us he (the Learndd •Serjeant9 -
hied mentioned, upon their understanding of the •,
.
words of the messenger, who, after seeing the •
'twenty-two horses at Barton, said he had meet. os ,
enough. He thought it quite clear that the Jury
were to this ease actuated by a sense of she ahnosttst ::-..t
of the valise of Smolensk°, and had decided :ill
,•,:g
consequence of the slim, in a manner in winch "'.•
they would not have door in die case of any other .
species of right.
Mr. Justice PARK inquired for what purpose did
it appear on the trial that Henies went to din -
tip
farm ? .
Mr. Justice litcneansots--••• Did he go to ~,
make a particular claim of harlot. and did he fix .-
sr upon any specific filusteen horses e•
Mr. Seojeant Pet!. replied in thenernive, and .41
46
said, that he merely went to ascertain what borate..lo..
were there. preparatory to making the claim of •.'`i
heriot, and he put down the name of Smolensk° at . •
the head of his list. He was, as it were, the fore horse
of the team, and the Jury had manifestly aqte4 ..,,-••
under a mistake, when they supposed he had fore- t'
gone his claim upon that valuable horse. ' ' 10
a
Mr. Justice Buaituusiii expressed a strong apie
Winn ninon. grin kkkkk g the rule.
The Lots Cater Jostles reworked that /he '
only -question ~ow was, whether there war tulfiqsaot '.
apparent reason to suppose a mis ftodsio{ of so c
Jyry, to opeu a itworisideration of thermic ? The .•.
point was not whether the demand was
... odious, bux -•,•• s
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if it was attainable at law. .
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The evert, after • onsulting for • shor6iit
granted Mr. Serjeaut Pell • rule to ahervCOU
'fire other applications lot new trials were won.
terestiug. I

f.

..11

CONSISTORY COURT, SATuatuTe

NULLITY OF MARRIAGE.
Tab 111•ROVI1 V. VIASCHIONESS OF

..&r C. Rostrisow this dry gave ji
Art protest of Arthur Chithester. Esq.
,riollitp of marriage between the Mul
,Marchioness of Doilegal.
The - •of Is— • this vase. after harin;

t.;

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P accicient UCCOIf -15- 3
held lingered is •
which dry he ex- CONSISTORY COURT, SATURDAY, Arnim 27.
E , '
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he expenses they • NULLITY OP MARRIAGE. .. .
C 'not duriog that '
THE 11•RDUIS U. lIARCHION ESA OF DON IGA L. 'l4F
.‘
attendroce, fur Sir C. tioninson this dry gave judgment on •1,.
• • protest of Arthur Chithester, Esq. in • suit of _ "
littlity of taarrirge between the Marquis inid
using
heweel, i LoggeuLtdnaileenddet:S: chbri:
, Marchioness of Donegal.
tine. and even " • The point of law in this ease, after havint)der. , 1
*sive.
Irma much discussion before Lord Stowell, new
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is
* cause. teams to be re-considered. The question at'inol be..
• ESTMINSTER. %tweets. the parties being to try lice validity ota this
,marriage,ntrisge, *sr tibe ground of Miss Anna Mu? lK ,t l. i '
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risi /....:-.: - .ore. ittalletineate minor, and wanting the consent? •
owasoe: .. , the Court of Chancery. .
t Plaintiff in this This suit involves the question of the legitituacyii.o:
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