The British Press; or, Morning Literary Advertiser.
London, England, 1825-07-20 00:00:00

THE ARMY.

CHANGE OF QUARTERS OF THE GUARDS.
The second battalion of the Grenadier regiment of
Guards is ordered to proceed from the Tower, on the 25th
That., to Paddington, to embark on board canal boats for
Liverpool, on route to Dublin, to replace the Ist battalion
to the 3d regiment, which is ordered to England.
The lit battalion of the Grenadier Gnardb Is ordered to
march, on the 25th inst., from IVindsor to the Tower, to
replace the 2d battalion of the same regiment, ordered to
Ireland.

The Ist battalion of the Coldstream Guards has re-
ceived orders to march, on the 23th instant, from Lower
Westminster to Windsor, to replace the Ist battalion of
the Grenadier Guards, ordered to the Tower. _

The remaining battalions of the Guards will, on the
arrival of the Ist battalion of the 3d regiment from Ireland,,
change thriir quarters.
Detachments belonging to the 2d, &I, 13th, 88th, 48111. i
and 54th regiments of Infantry, marched on Mouthy
morning from Westminster, for the Isle of Wight.
Detachments belonging to the 70th and 96th regiments
of Foot, marchcd:on Monday morning from Westminster,
Ifor Winchester.

A detachment of the 90th regiment of Infantry marched
on Monday morning from Westminster for Portsmouth. '
A detachment belonging to the 99th regiment of Foot
maraud on Monday morning from Westminster for Gos-
port.

The Asian Air the County of Rutland occupied but.a few hours,
and the eases that were disposed of possessed not thi keit interest
whatevar to the public.
• •
LINCOLNSHIRE ASSIZES, Ltwcor.w, JOLT 18.
•The Leatind Judges, Hot-ImM and Paitz, meted this sky
on Saturday, and opened the Commission Pon thew and dt3
Their Lordships attended Divine service yesterday ; andthis moth.ins the business of the Assize Was opener Me. Justice HoLROTD
prniding in the criminal Court. and the latter sitting at Nisl Prins.
The business of. the Anize is light ; but sonic of the cases in the'
e dentin are of a serious nature. There are sixteen cases for the
county, and one for the city; viz. eight cases of sheep-steslir
two of horse-stealing, one of stealing heifers and it steer, a case
rape, m• of murder, two of highway robbery, two cases of -
sod maiming, and the rest of a minor description.
CIVIL SiD:'s.

Before Mr. Justice PAIL.
iittOWN V. CIIMICKV AND KIRBY.
This was an action of trespass. The plaintiff was the annual
tenant of certain premises under a 31rs. (Ninety. the tenant he
life. On the 6th of March that lady died, and the defendant took
oat admini•tration of her effects. On the 4th of April the defendant
&strained fur rent up to the 6:h of !larch, the usual time for the
plaintiff's paving vent being on old Lady-day. When this distress
was mad,, the plaintiff was about to have a sale of his cattle bj
auction, best the step taken by the defendant prevented it.
James Edg grove, the auctioneer, was examined, and proved the
above facts.
It was arraed on the part of the defendant, that by virtue of
the 32 Hasty Viii, chap. 31, the administrator had a right to die.
train fot the rent up to the time of the death of the testatator.
The Court held, that by the act of Geo. II; no distress could be
made for rent before the 6.h April.
It was proved that the plaintiff had paid 23rto git the distress
of his premises. and 11. 121. ad. for expense,.
The Learned Judge directed the Jury to find a verdict for the,
plait t ff for those two sumo'.
The Jury, after a short conoultation, sal] In their judgment the
plaintiff was entitled to large damages.
Tl;e Court said that it was very unpleasant for a man to have a
process burned against him, but itt this ease 261. la. was ail the
plaintiff had lost by it.
'The Jury, however, persisted in their opinion, and gave a verdict
for 331. '•
sLwwlKb.7oao. A •
This was an action brought by the plaintiff to mover damages
from the ," • for breaking and en• his house, converting
and

defendant._
his goods to his own use,
tnent.

•nd entering
foe an assault and ratio itnprisou.

........
Mr. DEMIMAW stated the ease to the Jury. The present was
one of the moat aggravated cues that he had ever heard of. The
plaintiff was a poor man, the father of a large family, living •ith
them at Bolingbroke, in this county. The defendant was an at.
torney, living at Tattersall, and filling the office of clerk of the
Court of Conscience in at Own. Some proceedings had taken
place in this court again the plaintiff', and the defendant, actirg
in the double character of clerk of the court and attorney for th-
other party, had evinced very great zeal in the execution of his
office. Ile sent his myrmidons down to surround the plaintiff's
house, who pitched their tents en his premises, and not being able
to stile either the plaintiff or his goods on a week day, they had ac-
tually done both on a Sunday, thereby violating tie statute of
Cher!es 11. which prohibits any such proceedings on the Sabbath.
The plaintiff, thus unfortunate, fotind himself, in the inclement
season of December, turned out of doors, his furnitute thrown out
upon the common highway, himself cast Into prison, anti his wife
and family left to the charity of the neighbourhood. It was for
these Injuries the plaintiff no* sought redress trees the Jury, and
he hoped their verdict would be such as to deter any man for the
future from violating the peaceful home of the humble, under the
specious pretext of law, and that too on a day which the law of the
land had consecrated as sacred.
Jonathan Velis examined. This witness proved that fires were
made and tents erected near the plaintiff's house; that he saw the
plaintiff come out and defy the men to touch him on the Lord's
day, but Parker Taaker, however, went into the house, and :Hun-
fon seized the plaintiff and said you are my prisoner. After this
the defendant said, they have gone beyond the law, but I will
bring them through it.
Ott cross-examination witness said he was rot intoxicated at the
time, nor did he offer to fight anybody.
Richard Blythe, son of the plaintiff; examined. After my father
was arrested I saw him with Munton at a Mr. Harrison's. He
remained there for several days; Manton was always with hint.
His father's goods were all taken to Mr. Harrison's, who keeps a
public-hones.
William Clayton saw the goods taken out of the plaintiff's house.
Had previeuely heard defendant tell the men to enter the plaintiff's
house on Sunday or whattle day (what.will-day.) Whattle-day
means any day you please. He said Blythe had gone beyond the
law, and he would go too.
P. Blackburn examined.—On the 19th December I saw about
sixty persons opposite the plaintiff's house. It was about ten or
elertn o'clock in the morning. I did not see Tasket or /Bunton.
I raw the goods lying in the highway. I saw Sir. Bogg atter, and
talked to him on the subject, when he said he would compromise
by taking lou money from the plaintiff' than the arrest and seizure
came to. The plaintiff was kept at Harrison's Sunday, Monday,
and Tuesday.
On his croan-examlnation the witness said, Bugg was clerk of the
Court of Requests, Tr Au was sergeant of the Court, or what was
called a hem." iVitViea was a relation to the plaintiff; and Led
subscribed 51. towards the expense of this action if the plaintiff
should lose it.

The Court considered this circumstance to make the witness an
interested person in the suit.
3lr. DEN wiar.—llia subscription is only an honorary one. Lie
may at all eyents.pay the subscription.
31r. Sergeant V A GITAN.—Come, sir, pay the 61.
The witncts here took out the 61.
Take care, sir, rot to pay it out of the subscription.
Whiten.— I will take good ma to keep it out of your hands.
(A Laugh.)
The witness re-examined.—The neighbours took the plaintiff's
children into their houses when the father was taken, and they sub-
scribed towards them.

Robert Harrison examined.—Part of the plaintiff'', goods were
sold by auction. Mr. Hogg had nothing to du with the aale. The
Roods were sold to pay rent. The renter:ller of the goods are on
witness's premises.
This was the plaintiff 's case.
Mr. Sergeant Vauturt AN contended that the defendert had never
been concerned in the case ; but that the whole proceedings were at
the responsiblity of the inferior officers of the Court, who had
acted only "accottling to the custom of the Court. The Learned
Counsel then called some witnesses to prove that the defendant had
never given any instructions for the parties to enter the plaintiff's
premises on a Sunday. and to show that the defendant had acted
throughout as an officer of the Court of Requests was required
to do.

Dsw)llAX replied, and contended that the defendant had at
least given a negative authority to the parties to enter the plaintiff's
house, and concluded by appealing to the feelings of the Jury, to
compensate the plaintiff for the injury he had sustained by the
illegal outrage inflicted on him at the defendant's instigation.
The Learned Junes then summed up, and observed that the
defendant could not claim any protection under the provisions of
the Local Act, unless he hal complied with them himself, which
he had not done ; and in acting as Clerk of the Court, and as At-
torney at the same time, he had incurred a penalty of 601., and had
violated an essential principle of justice. In estimating the da-
!nage* it must not be forgotten that the conduct of the plaintiff was
no ether than that of seeking to evade the laws, and which had
occasioned the outrage complained of.
The Jug, after a ohort consultation, returned a verdict foe the
plaintiff—Damages 301.