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London, England, 1822-12-19 00:00:00

The forture was the cause oranien, and he agreed with his
Learned Friend that the fortune mho was the cause of tin!
dis-union. And Ittrat were the circumstances of this marriage
In a snug little place, called Button Bushel, in Yorkshire,
this child, taken from the nursery, wu married to an
officer upwards Of thirty years of age, and a terming Man of
the name of tand was broil& in, and, to use words of the
registry, " y consent ofJosin Ward Gone parties were mar-
ried." Bei ir once married, the husband wished to gel mat
trot over Cho fortune, but her judgment having been a talk
matured,she refused to comply, and that in fact mss Ilte
real cause of separation. ion. But suet, was the natural alveoli"
of the female !mart, that sometimes their fondness was be-
, stowed upon men quite unworthy of their regards. And here
we find this lads a suppliant un her knees at her husband's
feet, begging to return and lieu with lain, but because she
would- net cconsent to his conditions, she is Thing o like a
worthless weed away." God forbid be should stand thcre the
advoeate of the unprincipled edeiterer ; but let the Jury
take care that their excellent factions are not abused and
that their judgments were not warped to such a degree as to
render them incapable of drawing the proper distinctions.
Would they then allow the present action to be converted
into an instrument again to the husband, who had volunta-
rily deprived himself of the society of his wife. The Learned
Gentleman then commented upon the es idenee for the Plain-
tiff, and concluded by stating, that be should liu much de•
ecired if the Jury granted more than the tory smallest da-
mages.

The deed of separation was then read to -the Court, by
which Mn. Barker was permitted to bee in any place she
thought properP on conditions that the husband should re-
ceive an annuity of 3044.
William Lancaster was then sworn.—He produced the libel
in a suit instituted in Doctors' Commons between these
parties. . .

• Mr. Serjeant Lens replied. He often had reason to admire
the various and multiplied qualities of his Learnet Friend
(Mr. Serjeant Vaughan), but amongst all these qualities, va-
ried as they were, none did he admire se much as his extraor-
dinary boldness. Perhaps we are the wore surprised at these
powers wbicll we ptssess the least ; and such was the dispa-
rity between him adll hie Learned Friend in all qualities, that
where he moat trein ii his Learned Friend displayed the
most boldness. la had asserted dust the Plaintiff bad liken
possession of this young lady's person with a view to get her
fortune; but the Jury must have ebserved, that by the will
of her litUaer he could not get. the control over her fortune,
nod thit Mumma has- as e a that denial to such attimptitglion.
' He would adthit y and insignificanee or the cause of
d
I difference; be w even admit the perverseness of the
iot
husband, in persisting to live separately; but that never could
justify the criminal interposiliuo of the Defendant. He seem-
ed lobave used a must wicked speed to accomplish his base
purpose, just at the moment a reconciliation was about to
take place. He would then ask the Jury, has he then cries-
mittecl a grave offencet—does be &seer" punishment i —or has
he done that which would warrant the Jury in giving a shil-
ling damages, which would in fact say to the Delentlant—
" We commend your conduct, you have done well, we should
have done the same ourselves—your conduct was not strictly
legal, but still it is entitled to our commendation?"
The fLOOD Ciller -lemma then addressed the Jury—
There could be no doubt that the feel of adultery had been•
clearly substantiated. With respect to the law of the ease, it
had been held by some law authorities of great weight, that a'
deed or separation deprived the husband of his right erec-
tion ; but he confessed lie could not admit the justice of such
reasoning. If he wanted auy practical illustration of this
opinion, it would be found in the present case ; for here the
parties were separated in consequence of some unhappy dif-
ferences, more to he deplored than condemned. So strong
was the affection of the wife, that she sent her husband her
ring as a token of her desire to be reconciled. and eould any
man say that, bat for the intervention of this act of adultery,
this most desirable object would not have been accomplished
What the tendency of his opinion would be he should not dis-
guise :it was, that an action could be maintained, and was
properly brought by the Plaintiff—and that was a question pc.
calmly within the province of the Jury. It ass not regu-
lated by any municipal law, but by laws anterior to all muni-
cipal laws—the Natural feelings ufjustice and humanity which
belong to the human heart.
The Jury retired fur about half an hour, and returned a
verdict for the Plaintiff—Darnages soul.

POLICE.

MANSION-HOUSE.
TITHES OF THE CITY OF LONDON.

Yesterday the important question under the Act of the
37th of Henry Viii., as. to the right of the Citrates of the
several parishes in the City of London and liberties to tithes
to the amount of 25. ode in the pound on the rental of the in-
habitants, came oe before the Lord Mayor. His Lordship
was attended by the Common Serjeant and the City Solicitor.
Dr. Butt Owen, the Rector of St. Olive, Hart-street, at-
tended himself to establish hie dais. and had no professional
assistance. The Defendaat, Mr. Gitorgo Abbot, who we uu-
derstuid is a thAcitor, did not when stalled epee
sulasnoes, which Brazed the shun proved had been
properly served.
Dir. Owen shortly stated that be founded his claim against
the Defendant under the Act of the 37th of Henry NHL
nap. It. Although that Act authorised him to claim es. ed. in
the pound, be only claimed two shillings, and now proceeded
against the Defendant for • quarter's tithes at that rate,
upon a rental of soot. per annum. lie had made various ap-
, lineations for the money to the Defendant, who had removed
about three doors out of the parish without having paid it.
He (Dr. Owen) now, therefore applied for a compulsory
order against the Defendant, to compel him to pay the
money.
The Defendant, as we understood the Rev. Oentlemen, oc-
cupied a part only of the premises, but the law allowed him
to go to every occupier of a house, unless the rent was under
tut per annum when the principal was made liable.
The Lord Mayor said, as this was a question of great mag-
nitude to the camas of London, be bad delayed actingupon
the case in order to have the opinion of the City Law °Seers.
Of the merits of the question he did not consider himself by
any maths ciampetent to offer an opinion, and he should
therefore be silent with respect to them. The Act of Par-
liament gave him the power to withhold his decision for
three month, in order to enable him to take the advice of
counsel. Indeed he considered that the Act obliged him
, not to pursue any measures under it without taking legal
!advice, as the words were, that the orders stated should be
made " the LonlMayor and his asststauts." He had, there.
fore, called in the Common Serjeant atid the City Solicitor,
for the purpose of removing those dilliculties ra abide the
case was !evolved, and those Death:men would state their
view of the subject.
The Common Serjeant referred to the Act, of which we
give the most important words, as Ike Aet itself is bet little
known, and not within the reads of the body of these inte-
rested in its operation. It appeared that in the reign of
Henry VIII., upon the sequestration of Use Catholic endow-
ments in the City, contributions, which were considered
grievous, were ezacted from the citizens for the maintenance
of the clergy, and greet disoosteets were excited. Thee. dist.
turbithces are alluded to in the preamble of the Aet, which
states that, for the purpose,of appeasing them, an order
was made by Thomas, the Bishop of Canterbury,
and several Lords of the Privy Council, di/Voting
the puniest of certain tithes ; and the Act gees on
to rehearse an Ast sawed in the 17th year of Henry VIII. in
support of the Bishop of Canterbury s order.. and bmpower-
jag the Lord Mayor to commit those declining to joy until
they had made their pate* hut as tbo dues to the Chitty had
not been set forth so clearly as might be in the order, and es
great discontent, dill existed, the Act goes on to say, "And
to the intent to have a fell peace and perfect end betweeu
the parties, their hires, and successors touching .The
said tithes gad ablations, and other ditties for ever, he
it misfiled by the authority of this present Parliament,
that sneh end, order, and direction u shell be made,
decreed," ken " by the forenamed Archbishops, Lords
and Knights, or tar siz of them, 'of and concerning
the payment of tithes, oblations, and other duties, within
the sand City end the Utserlies of the same, and enrolled
in the Cage High Court of Chancery, shall stand, remain,
and he =ea AO of Parliament ; end /ball bind as well all citir
seas gad intablistets of the stud city liberties Ow the time
being, as the said peruse, clears and their citrates for ever,
according to the 'Sect, purport sad intent of the Lela
order and decree so be be made acid enrolled; and that
every person denying to pay for his or their tithes and
oblations: or other duties, contrary to the decree so to
be made, shall, by the coarandaseet of the Lord Mayor
of London for the thee Wier, and in his default, and
negligence, by the Lord Chancellor of Regime" for the tini*
being, he committed to prison, there to remain WI such time
as by or they have agreed with the curate and curates for his
and their said tithes, oblations, mid duties, as aforesaid."
The Common Segued observed that this Act positively di-
rected that the decree of the Archbishop of Canterbury be-
fore it be taken as an Act or Portimmoot, mast be enrolled.
la his opinion, the questioa depended entitely un the point
whether or not the decree bed been elevated. Now, there was
no evidence of the enrolment of that decree, and in his opi-
nion the Act was inoperative to all iateets suit purposes,
without such evidence.
The City Solicitor said, that he bad smirched the Parlia-
ment-Oleo, and found that there was • enrolment or the
decree. There was no paper whatever attached to the Act,
nor was there any symptom of the former existence of any
seised 110,11111e111. Ile had searched the *archives of the
Archbishop of Canterbury fur informative epos the subject.
and had found in them a book which noticed the Paul that
the decree bud not been enroted and gait somereasoos fur
the singular and important omission.
Dr. Owen said the ease had already been decided in a Carat
of law, and upon those decisions Ise relied, The Judges h
distinctly stated the eight to exist. In the ease of Ilellam v.
Adams, the enrolment wait admitted, and a verdict given es-
tablishing the claim. It hid been decided is three instances,
bad been eteried to the House of Lords sod confirmed, and
the decision had been acted upoe in the Courts below. Ho
presume.) that the Lew bad Seen proper', administered ii
tbose Gotnisised tit s% their doetsioas were well-founded; Soo

he eobeluded that the fart of the enrolment bad bees prey
sensed; fur many document' were now acted upon thatbudi
been lost Many documents had recently been destroyed by
the Arc at Cotton-garden.
' The Common Serpent said he was not settee of the said
ewe of the ease alluded to, and asked wh.:•ber it bad bee*
reported
The City Solicitor said, the case was not reported, but it
amounted to nothing; for the queeion, as to the enrolment
of the decree was not put in issue ; it ass admitted. The
Learned Gentleman remarked, that ai the deem. wai sub•
joined to the Aet in the Statute Book, it appeared to turns
part or the Act itself, but be contended that the insertion of
the decree was unauthorised, and thaqwittmot proof of the
'enrolment it was as of no more authority than a meta: or
anolation of the editors.
The Common Serjeant had oo doubt that Viz Act L 34
been enforced upon the presumption that the daeree had
been enrolled, but ho had no hesitation in dee laring, that if
the decree was not. °Medea. the 4ait was without efficacy,
and be would not advise tip Lord alayor to send a ("limn
to prison without satisfactory evidence of the enrolment.
From the stress that was laid in the Act upon that cir-
cumstance, speaking of it as the decree, "co to 1:0 mitrol.
ed," he considered that there could be no doubt upon the
st.hject.
The Lord Mayor, in tusking over ties. den ►rentars
it as a very singular circumstance ,it',)msftlited.tbeti,,,,,
of " Great men, Noblemen, . '• laion
payment of tithes in the City, sf 'r. ,Ity
occupied them tlicenselres. X.
lendant would claim eacmption-o • ins
either great or noble. •
Dr. Owen again submitted thAt question ...bet* de-
cided in the Courts of Ana* .snrheiently to authorize the Ma-
gistrate to act. The East ludie Cowpony Jtsd done tne
Clergymen of the City the greatest aiw.vice by elatiog the
question into a Cow t of Law, by which the claim had been
confirmed.

Tho City Solicitor said ttiM ju that caseation th.. question
of the enrollment hid never been mist& H was the sionmit
of the claim, and not the eighth, make it, that bad hem dis-
puted. •
The Lord Mayor said that, for himself, he game no opinion
upon the law of the question ; but, tinder that of lbe two
Learned Gentlemen assistd him, he hod oertaiela vttY
great difficulty. iu proceeding against the Ihtendant • As the
question was one or great magnitude, that agitated the whole
ity,and. aas loading to extenstie litigation, rt resold net be
ton cautiously considered; ther -lore he would adopt the sug-
gestions of the two I.ae Officers also assisted him, and tato
further advice from th !SC Counud also had been deeply en-
gaged in the subject. His Lordaliip directed that the ease
should stand over ; and he suggested In Dr..Owea that be
'should come vrepared. with professional apaioce. The
Recorder, would be celled upon to attend.
Dr. Owen mid lie had u d the &hellcat objection that the
case should be most hilly canvassed. Uh brought it before
his Lordship, that his parishioners might oot be put to-ea-
prose, otherwise he might have taken it to the Court of Es-
.
ehuei. ,
no Lord Mayor was satisfied that Dr. Owen was actuate
by the best toot's es.
The case nes then ordered to be resumed on a future day.

GUILDEIALL
• • •
ROFIRERIES IN PUBLIC MARKETS.
The depredations committed in the public markets, by .a
regularly organised set of fellows wbo attend, ostensibly, in
the characters of porters or basket men, and are tochoicadv
known by the mitre or ~ scuttle hunters;" hes become an sill
of the most serious magnitude. Mans, of these fellows have
a act of boys under their tuition and direction, and although
the persons of most or them ire known, it Is impossible;
amidst the bustle:and confusion in which business is dine
early of a morning. for the salesmed and. shopkeepers to he
sufficiently on their guard against them. Scarcely a week
passes without an offender or two 91 this description being
brought to this Oder, either from Newish's or Fleet marketf,
and yesterday, an colit,.grey4teaded sonde hooter, mussed
Jerry Hafripan, who has long
.haunted Nevigatemsarkel, wag
charged before the sittiog Magistrate, htr.Alderman Bridges,
for an offence of this kind; ind to MO [riding amount, com-
mitted early on Tuesday morning.
'rho prisoner is so well known in tbe. market as.a common
thief, that Rogers. a journeyinaa in the employ ~1 Mr.
Wace, butcher, in Rose-street, observing him loitering *bout
at seven o'clock in the morning; and suspecting Wall) be at
his usual occupation, took the trouble to watch kin), and
soon found that ho had flied lii* eye on two flats of butter
standing at the door of Mr. Bowles's shop, ii peighbour.
Rogers purposely w ithdrew a little, to avoid exciting the psi-
souer's suspicion, and shortly after paw the prisourt sere
deliberately move the smaller tat ',kick was uppermist, sad
as leisurely take the large ono;
,Which weighed about Soda.,
upon his shoulder and walk bd with it. The gene,ral appear-
ance of the man, the cool manner in which ho con-witted the
if robbers, and the pace at which lic walked minty with his • .
would -have impressed any by-stander with the belief
be can employed to ponce it hemp. Roger* however kq
better; sod gaze imnsodiele information of the si •
at Mr. Bowles's. Jerry'i person Cu as well liniment
at big neighbour's; but gaildid the hurry Of
early hoar, neither ha *of any of KW servants had
the transaction. Mr. Bowles himself innuediately,
the prisoner, and oveeloOlt Idea in Neargate.street with
flat upon his shoulder.. ~ ) .
The flat was prodliCed before the Magistrate, and its con.
tents, four dozen pounds 61 fresh butter, value 31. Weighted
by Mr. Bowles as his property,
The facts of the case being so clear againit him, the prig*.
user, who, ou former occasions had been tolerably eloquent,
bad nothing to offer in bisdefenee..
Several persona belongiNg to fhb market bore testiteav
to the general bad eharacter.or the prisotier, paid stampribed
him as one of those wbo kid a regular set of boys centweled
with him, whom* tutored and encouraged to commit siati•
lar depredations.
Mr. Alderman Burnam took Occasion to ohnir-Mg open MO
freouency and increase cif%getty depredatioas to the rnetesti
poi's, which Ire attributed, in some degree, to the mildew"
of the punishinasts indicted open offences of that descelp
lion, and contrasted it with the severity of those fur that dead
of offence on the Coalface*. Ile instanced a ease with:oniisS
own knowledge, which bad occurred at Bunksglia. Tie
valet of a friend of his, who had robbed his mashes se
Ma sas-
wastively small amount; soma throe or four louii-d
for that offence sentserceit to be branded on the s'o
to stand once in the pilfeiy, end really to be seat lie
gallies for live years. The Worthy Magistrate did net em-
press himself favourable to the adoption of similar severity iss
this couatry,but intimated it as his opinion that some greater.
degree of puuisbinent than was now usually inflicted upon
offenders of this class would tend most materially to Wass
their numbet.

The prizuncr liarrigals woifulty committed to Nevrgate tor

BOW-STREET.
MRS. TAYLOR v. MORGAN WILLIANYS AND
Mr. and Mrs. Morgan ;Canals appealed apes a watearit
Me former for assaulting MA. Taylor, of Llawlas.elreet.
- ' teftierfur ' '

Cvent-Ip ~ and This leiter
wearingiopparel, her propetiy.
Mrs. Taylot.stated that. stie was a cousin titbit. Morro!
Williams, ebo had lately eoltie to London from Swaim% and
being. ie ad oircumitanCes from want of he
Contrived tp find her oat. sb. bad assuted h ' wife
as enrich al lay In her piiiter, and had met but a • ISMS .
fur her kinituess, On ode occasion, having had
W her 10 Violsoxes of oae of tbe minor theatre..,
edlitemull Mt.. .Moreau Williams to acoonspany •
ski mosiemeats. Mrs. Williams said she r NW-
as • 2 1440 Sur to the play, but her apparel w 12
Asa inipossible for her to obtains • :
fibs (Mra.Taylor), to prevent disappoin
' . effaced tt lead her a peliste with fur
apitir et ppteot spring garters for the a „.
WI • ••• Pitthlll2s/Liftbart, a raffle for the ne*,
ne ,
to completely fit bet halt sled
• a.das Z.% ;Mitre, which were scooped by Mrs;
•• • is .
`• attired Isessielf at her house, and promised to Winer
_lash Inertly* play wee ever. She made ari assess to eeado
fiat oromilassi6ea naked to strip by complaining of the cold-
o6slsßbe weathets, bad went home in the apparel, and pro-
to rehire it sort day, but from that day to the present
she never could get. her clothes, and 51" rs. Williams had ever
siotee constantly oohs them.
Or Sitnday merging last she took the liberty of going to
Mr. Williams's haw for the clothes, when Mr. Willfamv
struck her;lied United her vote( the place.
` Mr. and Mrs. William. oolehtepped forward to naswee fur
themselves ; when Mr. Tailor called the attentions of his
!Wurship to the attire of Mrs. Williams, which aka declared
was the very identical appatel that she bad lent hoe to cut ,t
swell with Ia the boles at, the Cohnrg, " Look, year Wor -
ship" (said Mrs. Taylor), "at that bonnet and feathers, se-
how shamefully she has used it; and the pelisse is quits,
spoiled, 1 declare."
The Magistrate told Mrs. Williams; that *ha* he sum-
moned her to show cause why . she detained the property of
Mrs. l'aylor, he did not require her to bring her borrowed
plumes upon her person ; she weals' have acted sore de-
cently if she bad put another apparel of her owe.
Mr. Morgiui Williams entered spun his defence. Be ad-
Wiled thaftbe articles of wearing apparel were the property
6T Mrs. Taylor ' • be denied that be wasaulted her when she,
s) carnet demandtheir restoration, and accused her of has in.;
attempted 1.6 seduce Ann to lenve his wife, and go to Frame .
with her, and she told him, " That she did not care spin fur.
Taylot, her husband." tia also stated that Mrs. Taylor
owed him a debt contracted two or three years ago, at Swan;
sea of 4 las , and he detained the apparel till it was paid.
Mrs. Taylor denied having wished or attempted to seduce
Mr. William, ur that she owed him any claim whatever.
The Megadeals, told Mr. Morgan Williams that his defenco
lyts an ageavaticiuof his crime, and ordered him to be com-
twitted in default of bail; and he thought Mrs. Williams"
mitiduei, in coming dressed out in Mrs. TM
was a piece of inieuslenoe almost unparalleled.
Mei. Williams to deliver up the apparel to Ms.
atinter ; and in ounsequsace of her refusal, the
orders to take, by fume, what she declined els
matter of right, mid in a trw minutes We lady

•

*I - 4

4
r

1,
6~
~,

I

I

Mra. Williams's
ay Nes Mottles,
id. Us ordered
Mrs. Taylor in-
IN °Soars had
evils up as a
WY WM almost
. ,
. _