The British Press; or, Morning Literary Advertiser.
London, England, 1825-10-12 00:00:00

ir *

TO THE EDITOR OFD E BRITISH PRRs,
_
Si,,—! observe in your paper of to-day, a report of the
examination of a person at Guildhall, charged with utter-
ing certain bills of exchange with forged acceptances rb,
person, whose name purported to be forged, was called to
prove the forgery, but was deemed an incompetent witness,
on the score of interest, the judgment in the prosecution
being capable of being given in evidence in a civil action.
Thie seems to have been the law since bills of exchange
have been in existence, but was denounced by a learned
Judge at the last Old Bailey Sessions, who regretted that
it was not in his power to remedy it, and through which
an acquit•al took place; but, that it is strange and ineoe.
sistent must be apparent to every person, and indeed the
Judges, as far as they consistently can, discountenance it,
always wishing to leave the credit of the person to the con-
sideration of the Jury.
In the case of the King v. Boston, 4th East, Lord
Ellenharoug,li calls this au " anomaly in the law ;•• and in
the case of Abrahams qui tam v. Bunn, 4th Burr. 2251,
Lord Mansfield, in a very forcible manner, pointed out 0,,
distinction between interest, which affects the competence,
and influence, which goes only to the credit, and his Lon!.
ship speaks strongly against this practice, which has unac-
countably crept into the administration of justice—fat as
the law now stands, if a person's name is forged, so as ex-
actly to resemble the handwriting of the person whose
name it purports to be, the prisoner upon his trial has the
satisfaction to find that the law will not reach him, and ge-
nerally succeeds in his fraudulent design, having reseivtd
the consideration of the bill.

Now, Sir, I cannot help deprecating this law, and ob-
serving, that a person who has had his house robbed, c,2
had any ether depredation committed upon his property, is
in primciple (though not in law) equally interested ; for oa
the conviction of the thief the prosecutor's goods are at all
times restored; nay, even if a pawnbroker or any other
person has innocently advanced money upon the stolen
goods, or has bou3ht them, they are in that case ordered to
be restored to dm original owner, who has never yet beer,
considered an incompetent witness.
The Statute 41 of Henry the Eighth cap. 11, math,
" That if any felon do rob or take away any money,
goods, or chattels, front tiny subject, from their person
or otherwise, and be found guilty thereof, os other-
' wise attaintod, by reason of evidence given by th,
party so robbed, or owner of the said money, good,,
or chattels, or by any other by their procurement, that
then the party so robbed, or owner, shall be restored to his
said money, goods, and chattels." And it is usual for the
Judges, upon conviction of the felon, to order immediate
restitution of such goods as are produced.
From these few remarks, I think I have shown that ac>
person who prosecutes a felon, to obtain restitution of
property, is equally susceptible of bias and prejudice as
who proves the forgery of his own name, far in the latitr
case he is liable for the amount (sumosing it to be genuirq
as before stated, hut if fictions, he Is not. In the former
case, he obtains possession of his goods again, of which le
stated he had been robbed.

It will probably said that a release may be givei, so
it may • hut this is an expensive proceviding, and whit
! persons have unwittingly received forged paper, they ste
not always willing to give up their right of actiou, for the,'
think it may be true, and Vex', the amount is recoverabl;,
However.in some cases it is impossible to give a release, for
he may chan:e to he liable to the prisoner (whoof course
would not he his own exe:ntioner), as in the case of a pro.
miasory note, where the prisoner forges the name of a per.
son as the drawer, payable to himself (prisoner), which he
indorses over to a third person ; the person whose came is
forged is liable in such case to him, and cannot be made a
witness, under any circumstances, sinless released by the
prisoner himself.
I could instance several others, but it is unnecessary, as
I have already trespassed too much upon the limits of your
' Journal, but feel satisfied I have succeeded in showing the
inconsistency, and I nay adi, the absurdity of the law in
this respect, and hope to see it repealed, inasmuch as it
tends to frustrate the ends of justice. I cannot conclude
with(' t observing, that I do not wish to prejudge, or in-
jure the case of the individual mentioned iti the commence-
ment of this letter, but to prove the incongruity of the
law in this respect, while the subject is fresh in the recol-
lection of your readers. I am, Sir,
Your very obedient servant.
A STUDENT AT LAW.
Ott. 11, 1826.

THE CHURCH.
The Reverend N. Tacy, M.A. has been presented :a
the Rectory of Swanton Morley, with the Chapel of
Worthing annexed, Norfolk ; patron, Edw. Lomhe. Esq.
The Reverend Robert Jefferson, D.D., Senior Fellow
of Sidney College, Cambridge, has been presented by the
Master and Fellows of that Society to the valuable Reaery
of Smith Kilvington, Yorkshire, void by the death of the
Rev. J. Green.

The Rev. George Vanbrt:gh, LL.B. has been installed
into the Prebend of Timberscombe, in IVilla Cathedral,
which he was collated by the Lord Bishop of Bath IA
Wells; and the Rev. Richard IVarner was on Tuesday in-
stituted by his Lordship to the Vicarage of Timberseombe,
on the presentation of the new Prebendary.
The Rev. Thomas Holloway has been instituted by Cie
Lord Bishop of Lincoln to the Rectory of Partney, and Mu
Perpetual Curacy of Spilshy, near Earshy, under the pa.
trunage or Lady Willoughby and Lord Gwydyr.
(►n Sunday morning, at eight o'clock, the Lord Bishop
of Litchfield and Coventry, attended by the Rev. Dr
Gardner, the Rector of St. Philip's, and the Rev. Geor;!e
Hodson, his Lordship's Chaplain; held an Ordination
St. Philip's Church, Birmingham, when the followir,;
Gentlemen were ordained:—

Drama—Frederick Leicester, A.B. Queen's College, (Word ;
Thomas Bonney. A.B. Clare Hall, Cambridge; James Buyer.
A.B. St. John's, Cambridge; Henry Hisbi.rne Cooper. All.
John's, Oxford ; and Cornelius Jess" A.D. Sc. John's, Or -
bridge.
Priests—Richard Buckeridge, St. Jahn's, Cambridge
Alfred Curzon, M.A. Brazenose College, Oxford ; nod
liempsoo, A.B. Trinity College, Cambridge.
MIN re I. RV9SIA.—Among the mines ditcover(d ee
the domains of the Crown, two are worthy of ncii‘v, ent
gold mine, the other patina. The former was discovcr,J
in Int, by M. Boiridoff. It is situated in the district f
Zlatuust, in the government of Orenburg, in the prosincr
of Zroitak, on the left bank of the Ouya, two vents from
the copper mine of Polikoff. In 100 pooda of and
gives from 11 and to 14 zolotuiks of gold. The mine Les
not been much examined. On June the 14th theaand
first washed, and ifs two dart Ip. Bet. tolotutke of Etell
were obtained. On account of ha abundance, this mine
has been called Blahodatne. The platina mine, contairing
a small quantity of gold, is in the district of Gorublaha-
dat, government of Perm, two 'erste from Kouchversk,
and twelve from the Isa. It was discovered last March.
The metallic sand lieu about one archive and a half bele:,
the surface, and thickness of the strata about two archives
and a half. In five pooch: of the sand half a zelotuik of
gold and five parts of platina have been obtained. The
strata have been examined for a considerahlediitancr, and
is found to be very rich, containing at least ten zolotuiks
of metal to every 100 poods. During this year 33 steel
of gold sand have been found in private property in the
government of Perm, which in general give one rolotuik
of metal to the 100 poods. The most remarkable are these
belonging to M. Demidoff, and to the heirs of M. Pierre
Vakouileff. The latter gave (ruin four to five solotuiks of
gold to the 100 poods. Traces of gold have also bee"
discovered on the estate of M. Mies, merchant, at Wl'.
toff, situated in the district of Kourgam, government o:
Toholek.

Yesterday a Wardmote was held in Bishopsgate
for the election of a Common Councilman, in the place of Mr.
Davies, deceased. Mr. William Stevens, of BiebnPefrite-
street, was unanimously elected. He professed himself to
be a " genuine radical," and assured his constituents that
he had much loftier views than related to a *. mere arrange-
ment of watchmen's boxes,"

To MAIL OATS PROVE DOUBLY 24LTLITIOUI TO
Iloasam.—lnstead of grinding the oats, break thcints a
mill ; and the same quantity will prove doubly nutritious.
Another method is, to boil the corn, and give the bona
the liquor in which it has been boiled; the result will be,
that instead of six bushels in a crude state, three buthel4
so preparei will be fouild to answer, and to keep the tot
mats iu superior vigour and condition.

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