The British Press; or, Morning Literary Advertiser.
London, England, 1826-01-18 00:00:00

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U1)1..;1. Sl'.-INNARY bit 11'11 MINING

A SSOCI.4 r; ()N.

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.•• LA rM W„AYekli 2 :
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1 COURT OF CLlAirill''. . • * .
BAXIIIIDPT PETITIONS 7/1119' TlA.mikEtite /ler liairi'Lo
OP Tito ont.t.a eirtrito rOilli .cl eriN't;CL/Pk•
ri.ras ANII DEMIIIILERS TA'S tiarireiriftE Tat WE.
terawes:ii.oo.
Butler:4i kelition per order—Ev.satte 'totem:end v. Tottotelld•
In re Itobspn- Alorrig v Turner.
Part heard, roo Pax—lteerew Why, blame v. Sian*.
3layor of li•rwiet* r Atioiney- I berii!* r.fliek--Plea__..
litina-sit--Plea , hoherts • N teholis— uesoorrer
Munoz vDe (.rater—Domurrer Jickson y Rowe—Plea sod De-
Illackifirei v Sliirley —Wei niurrit
o,TOitt.in 'RT
Ro.
Orx ERA T. PETITION LLB zeirmy irzxt,
pyietow • lionthhy—Denurrer Alderman • Bannister, Seine •
irater V BOOIIIby—DCIIILIVVVV , SIIMC.—P!,III;
Unbar:Watch' s in—llerroirer Carter I Lonft—Denourren
RD°AYLIST
, TILE POT/I INST. AT SIX O:CEOCE IX THE tvtwtwo.
31assey r Dison, to Peach • 13110TellTILE
Hancock • Baxter
be mentioned Bellamy v Bridges IhoJeti v Nicholas
In re Browoe'r eta. lleming • Clare Pdwle,t •.Poirliet ,
city I
Maitland ir /VINO C Widge i Goe‘re4
AVinithem a Trotter Wetherby v Dixon ToWnly • Bechwell
:-',eeleo.. • tihelson Carlow a Castle Reynolds v Cathy
Erparte,hlviii %mall v•Small Smith • Esdai/e
Campbell rearimbell Brett v Cooke ' Allen i Callow •
Hughes • Intel.; Hurthesrlltimplereys ti lon ham v Mot.
Atkins • Beget[ Letiraisel It Iseliwind lispi
Wilkinson a I:Arton II eeip •r • Coad,win Ip re Thireeisidebool
Squire v tti3uire Slime v Kayser': Pine • Tate
~
Exparte Ineimb Reds v Rtss ' la reOrriotlon6iieleiy
Jones y Mot-lock PlitirillWilti • lialleoe Tiller i Brice.
Leehniere r Dreier YVartng v NVatinar • •:'
relitionA moat by Get down. 11.0 Mpiewlo4glth Or orlinvuer 1 , at
2 o'clock um the 19th instant. -...
1 ,
. COURT or. KING'BI Salege .
MIDDLESEX. CAUSLA TO DE TIIIIEI llf arebtAL MIMI-
THIS DAY AT :I•ESTO/NSTEX.
The Nile • Lister, I Same r Haddon $ Brett I Fisher.
first by order Brett • Beale/
TQ
_i•
LAW INTELLIbENCE.
1
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VICE-ctiANcELLoR'S COMET, TutepaY, JAR. 17.

The Proprietors of this Association met yesterday at the City of
hoodoo Tavern, pursuant to advertisement, to receive the Report
..... tiled at a general ineeengshf tile Shareholders '
held la Noveorted last.—About forty perionvrere, present.
Mr. II sdritt !MAl:ewes called to th^ Chair. lie coninvenced
by congratulating the proprietors upon the Opinions of the legal
gentl-men who had heett consulted. said thee were all clearly
i.• shairelooltlers nail a :tally- revilement, the testiiii-
titan of their Ilepiesits. He would Oat detail% the meeting longer,
but conceit, prise:ell to read the Report of the Cot nnit tee.
The folios ilia Report %els Ikea read,
" Your Committee beg in risort tiss,t, in pursuance, to the mos
lotion passed at the general meesiog of the shareholders held oa the
121 day of Novi:usher lam, they caused application to he made to
the Directors hut otrininsion to inspect the tiOnEs and proceedings
of the Compat,y, hitt although the Siiheitn, to the Company for-
warded such application to the Directors, no answe IssyS been pi `ten
to the **the.
" Your Committee alsit report that they directed their Solicitor to
lay a Eadinnesit of the whole of the case relating to the Association
before the Attorney and Solicitor General, Mr. Pollock, Mr. Tin.
(NW and Etiight, of the Chancery bar, and a Sub•Committet
atteuded the Consultations; and your Con.rnivee have the satisfac-
tion to report that all those gentlemen concur in opinion that any
original shareholder may ritaaatilts an action to recover back hlt; de. I
posit money, either at jaw ur in equity ; but they entertained con.
siderable doubt whether any action can be scope-tied by those who
are not original subscribers • at the same time. Mr. Knight, of the
Chancery bar, considered that those parties who haste so become
shareholders, although they could not rector,* at law the amount of
the deposits paid upon tile respective shares, n:ipht obtain relief in
a court of coldly. And with a view of furthering that object with
the inure facility, and to save expense, recommend to the share-
holders that they shoulri appoint trustees:, and convey to oath
trustees the whole of their elaitts in respect of the Awrociatim„ in
trust, to take such proceedings, on behalf of themselves and other
aharxhbVers, as might be deemed advisable for the general int rest
of the whole.

" Your Committee therefore recommend that trustees should be
named by the mee:ing, anti a Deed prepared to carry the proposed
trusts into immediate eirat.—Dated this 17th day of January,
1326. " 11Exits Chairrnqui."
The CHATItataX said that such was the nature of thh Report
presented by the Committee; but it was right to say that they were
possevied of more information than they thought proper to enmold.
Ideate or to entlooly in the Report. There was another circum-
stance which he thought it his ditty to state. lie and two other
members of the Committee had an interview with three of the Di-
re:tors yesterday. They did not tneet officially. but the result of
the conference wasobat the Directory proposed that three members
of the Committee and three of the Director; should meet, that the
mines and property should be sold, and the proceeds equally di.
aided. lie believed he stated the opinion of the Committee when
he said that they by no means recommended the proprietors to ar.
cede to such a proposition, although if a resent:a:A proposition was
made, the Committee would hare had no hesitation in recommend-
ing the shareholder to concur In it.
Mr. Roßtaxeox said be had hen pr'sent at the interview al-
luded to by the Chairman. uti4 thought it right td state more fully
the proposition made by the Directors. They proposed that upon
a sale of the mines and property their expenses should be paid ; so
that the whole lots in this unfortunate speculation would fall upon
the shareholders, whilst the Directors would tote nothing. Ile
(Mr. Robertson) had proposed that the whole transaction should
he left to the declaim of • Chanter* barrister. To this one of the
Directors acquiesced, but another declined. It was then asked. if
the mines were sold, would the Diree.ors forego their claim for
8(10 shares held by them 1 and this one Director answered unhe-
sitatingly in the affirmative, whilst the other refused to enter into
any such arrangement. The only result of the centimeter was,
proposal on the part of the Directors to nieet a tie/welkin from the
shareholders. The owl, course now open for the shareholders was
that recommended by the Report—she appointment of trotters to
carry the proper measures into execution. This woad alatplify
the proceedings in Chancery ; and as to the expense; no man
would be obliged to put his hand in his pocket, as it was only pro-
posed to deposit the shares in the lands of the trustees, bisected uf
money.
The Solicitor (Mr. KNIGHT) did not wish to takeupon himself
to name the probable amount of expense that would be it:wrest ;
but he thought half.a.erown a share would defray all 'mensal
expenses.
Mr. KNIGHT was hero stilled upon to explain the nature of the
proposed trust. Ile said the intention was, fur the great body of
shareholders to conrey their interest to five trustees, who could het.
ter seek and obtain redress than the individuals themselves. The
CM! was the same in principle as an assignment in trust for the be-
nefit of creditor Nor the same as aseignvis under a lisoktuptcy Att.
Mr. Ron t:h.ON said he wished it to beig&mally known that
those only who concurred in the proposition now matisiand de.
posited their shares, could participate in any beneficial results. Ile
mentioned this lest aeon should conceive that they could enjoy
fie victory without joining in the battle. This Cientlemeut ton-

male Wits OF itLnTroaD D. 1,,,0R DARTIVOTON*
This was tin (apatite application, h* Injooctiind to restrain
Lord Darlington, his ageois or workmen, fthroet;Celml:flg any Pit
shaft, edit, car passa4e untier certain oretnlses beiongiug to the
plaintiff The injunction sought' fm also went to prevent the
ptrtirs fro'm exploiting gunpctoder tier eath or near the 'AMC.
It appeared (rum the statemei,t of llov Pew., who wee
Coonsel for the plaintiff, that Ills cli:nt. the Marquis of pertibrd,
Was assignee of the tease of the ll'reinivis in question. 'a liey went
situated in the borough of Cainelferd, and fotmerly consisted of sr,
old inessuege and bullock shed. The. tat!lli shed having fatlett
into chins, the Noble Marquis erected three Sotuges on Its site,
and at the same tinie re:gatred the difieddted roefusge, and
' farther increased its value by erecting on it an additional story.
Local Dorlint,•ton, the defendant, who was proprietor of the he
simple of the premises, claimed, under a clamsd in the lease, the
tight of digging and Making search for mines under the nits/nage,
&c. •Accoritlngly, under pretence of carrying this object Into
effect, the Marquis's 'Kent sons a shaft within a short distance of
the premises, -and earned an edit ur.der the buildings, by.
Weir's et vihicb. and ,the explosion of "sampowder• the cottager
hod hem destroyed, it was elle td in the aflldsvita, that thews
*iced no foundation for the supposition that at y mines were
eheated beneath the prernhes in gondol-I, and that,thEldastidgand
Agit were solely taloned to Inc the purpose of demolishing them.
The Vfalt-CtIANCEI.I.OI- i um Ma itre! whether this Court
postmen a right to interfere, or can claim a jurisdiction under ell
the circumstances of the case. However. in order to put a stop to
the mischief likely tertske pitied by a continuance of the proceed-
ings complained of, take.= injunction, on an understanding that
notice be directly given to the other vide, In nrder that the quealice
of intistiktien.meg be argued end decided on motion for the dimeo:
lotion of the injunction.
COURT OF KING'S BENCH, WEirritxrrrit, JAN. 17-
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Sittings before Lord (lie Arne: ABBOTT and a Special Joey:
DOI, ON TUE belittle tit stUE DIsIZOP 03' LUSDoN, e.
Altatt•tf..
This was an action of ejectment brought by she Lard Bishop of
London. at! Local of the rams of Horneey, ttf terOvei too nose.
dosed pieces of ground from Mr. !flershr:ll,, the defanadat, as &lag
part of the a este of the said meteor.
The A T•conNEY.,GaNatialt., Air. (rue irt.w. TIN nos,
end Ms. WTdMTSYAN, conducted ire case on theratt ache Right
Reverend plaintiff, and Mr. Scsatievt, Mr. alsat*War, aoth
Mr. t:ttITTY, appeased on behalf of the t.
-r r" wince The /Wares which *at oddities/ to tiOe of the WS
at Blain, White. Roliaon, Clark and Robertson, !ere then
consisted of a great !lumber ofditt *be had fbr many years
appointed . .
trustees.
resided in the perish of Hornsey, and who remembered die two
eta CLARK said he could not allow this opportunity to pan 1 pieces of had in question as being part of the viwericlosed *sate;
hut le they lay contignons to the hotvse formerly ocCupied be the
without expressing his conviction that it' the shareholders supported
the niretures adopted by the trustees they would get heck their 1, tit fendant's fither„a carpenter, be had from time to time encroached
upon it by' placing his timbei !hereon, tied had eeen siew.ptts.ater•
money. He did not think the Directors were such fools no to let I
for the purposes 'Whitt trade. Bonne of the witneses remembered.
the case ever come into a Court of Law. On a former occasion be I
this to have been first done by hint **long as thle)Mits ago': hut
had said so much about the improper proceedings of the Directors I
that he did not think it necessary again to recur to the subject, nor;before that time the laud was unappropriated. aluch evidence 'MK
i
thould lie have presented hitnself to the ;fleeting but that he under.
Al4O entered nto to show that an ancient mail leaelng front Crouch-
mpg°
ttood his name had been confounded with a person of the same I and to Horsey ('hutch had run through this wastet_ead,_.
name. who was connected with the Arigna bun Company. He be. lof Court.roll 'was produced, by which It sispen'tctfthdt the lorli-Of
the manor had heretofore actually granted small 'torahs. of dui
lieved that person's name was John, and he spelt his carneClarke
Lind of which the pieces now cJaimed formed ti part. ' • •
with a final r, but his (Mr. Clark's) name was Witham, and he
Mr. SC ART.ETT relied Oh the testimony which lie had obtained
person, his name without an e. He had no connexion with that
cross-examining the plaintiff's annessevi and. having person, and his Clir. Clark's) conduct was very inconsistent with by,
Wished the tact that the defendant's father had uninterrupted')
rats-
the conduct imputed to that person. He knew that having his
name ounfontwied with that Mr. Clarke's had done him a prejudice, enjoyed the pieces of land upwards of fifty years ago, he strongly
nil contended that in the abserce of more direct and satisfactory proof
and he would not omit to lake the opportunity of dillelatraint e title of tof tl he lord of the manor, the Recent:option was that
connexion with him at the next meeting of the Arigna Iron Com. "
pany this land hod been formerly granted to the defendanre father or his
.
A SHAREHOLDER inquired whether it was necessary that those ancestors, together with the copyhold premises occupied by him,
end which had descended to his son, the present defendant. Lewes
who deposited their shares with the trustees should be original
A s/chidden? a principle in thin :AW of }}gland that all lands lying unenefosad
The Com n MAN said the proposal now submitted was intended i belonged to the proprietor of the soil nett adjoining; and not fo
obviate that objection. the lord o.' the manor. He was aware that a contrary opinion
genera'ly prevailed in 004 country, end he regretted It • tin it was
• 111 r. Ransivsow said lie had receives a letter signed " A
an opinion which had led to a great steal of Iniquity anti Injustice.
.10rierul to Juatlee," imputing very improper conduct to a Captain,
In the case of Steele and Prickett. where Lady Irilson, as the lady
who was agent to the Company in Cornwall. The letter as .
of the manor or' Hampstead. sought to recover a portion at land ad-
that the parties should be indicted for a conspiracy.
joining Mr. Pnekett's, Lord Chief Justice Abbott litho tried the
I cause) there said, that in all the cases and books which he had been
Mr. CLAge said he had that day spelsen with a Cornish gentle•
man, who infortued him that the purchase' made fur the Company
able to on:stilt, the land lying unencleeed by the sides of a public
In Cornwall were acne of the grossest deceptions ever practised by
road was always premed in the first instance to belong to the
owner of the adjoining land, and not to the lord of the mew
a set of deigning men.
After a desultory conversation, in which nothing of importance
,
passed, several Resolutions, founded on the foregoing Report, were and he (Mr. ttearlett) being Caubsel for her Ladyship laicals
proposed and agreed to.
eattse.nntwithstantling be pmved,that for three centuries the lends of
that manor had exercisedtSwnership rarer other slips ofs land lying
The thanks of the meeting were then voted to the Chairman, and
the meeting broke up. on the sides of the road,and which were situated similasly to that he
then claimed. Ile then insisted that there was Wu evidence here to
show that the land now sought to be recovered ever fouled part 'al'
The journeymen cordwainers of Birmingham have struck
e waste. No copy of Court.roll no presentment by the Lest
for higher wages. The masters unanimously resist the ad- jury of any encroachments, no act oil tire steward of the toed-N.40-
i vance, and express their determination to " submit no thing, in short, had been primed to satisfy the Jury that this was
longer to the tyrannical dicta of their journeymen." waste laud. ittit on the other bandit NO dee') pmved, that the de-
fendant and his father had had the qiiet en;oymentetit tot fifty
Two WAYS or TELLING A STOKY.—tpon the most
years. Occops:ion was the first cat all property. anti be
respectable authority, we, says the Perth Courier, gave
entreated the Jury to uphold it as they vahitd their own rights for
publicity to a paragraph regarding a man who was said to they might depend upon it that there we're but few tide In Zwir
have been attacked about a mile beyond the Bridge of t land, if strictly inquired int- that
Earn, dragged into It plantation and nearly strangled ; their legaiity than that wi
being a detail of the circumstances, orally delivered by the plaintiff-a min witnesses is
pretended sufferer to two gentlemen, from whom our in-
After a very eloquent and i
formation was obtained. We never hearth of even a stir- .41.ea,rzeiLcitnnsetnt contineelooltt,
mile being expressed all to the probable perpetrator of the original cirlyhold tenement, ca.
alleged outrage, till Friday last, when a jolly, good-na- on which riteroad was,
tuned, country-looking matt, called at 'our office with a copy enjoyment ought to be
of our last publication in his hand ; and pointing to the
beck,
running against
t rark tt, sfipor!
abovementioned paragraph, challenged the correcineas burtite„,, triiyoi
the abatement. lie briefly and bluntry stated, " This iitio jest, before they -en
true—it mann be altered.?. Upon beitig questioned, quite vicar that
" How do you happen to know ?" he replied, " miebody ana Out the personal s
can ken better; for I'm the
m'lnr the Itats't ihnnlit
Man.'. " You the man ! the na
certainly you don't .ap.pear to have bet!) much injured substitutionpossible the defendant
about the bead or face. ".04, oh, you're in a mistak'— trespasaing in depositing
I'm no the man that was hurt—l'm the man that did it; Own land. Ile trusted, t
I'm the villain. But, ye see, I'll just tell ve the Eery : themselves to thepurposei
Fin an Auclatermuchty carrier; an' on last Friday, i was roost: repent its
ordered to bring a huun free Perth to a gentleman's tn- of toe pisititt
mily, for the new year times. 11'erl, I bought the bunn, degrees he hid taken h hole
ate it cost me near 20 shillina. I was unco cartifti' o' the possessed be any of tho _,'s neighbours,
bunn, an' didn't pack it wi' the rest o' guide--1 carried made to fall under the same thianiptlon with that now —claimed
oh' the defendant himself.
it mysel' when welkin', an' it lay Inside me whew I set on inr;ave,ywroncht depend.
The I,mtn CHI a A JUSTICE, in r.imm'tig up the se
observed. that the *case of the laid ly of the.norl rof llamitthiM
h plantation ve s7natict tti lhecatinap' od'ntwhne essentially tliffcred from the present,- inasmuch us the defendant in.
tmoywcaairkt: a
n.lusatt a tthtahte
cart. A mile farer on I ehopp'd the cart an' mined i that action was the cevner of the freehold next to which the ;then-
the bunt:. Upon that I left my cart in charge o' a nee- closed laud lay; whereas, in thi rase .Mr. Marshall yr • only a
hour, an' ran hack lookise haith aides o' the road, an' just the unenClosest / ' foetid
at the plantation I o'ertook a man acourin' awa' wi' the I reeit t the
bum) in's oxte;, ` Stop, filen', says ye've gnt
something that's no ye're aim ; that's mine, an' I noun
ilea.' He refused it, an' geed aff the road into the plan-
tation, an" squarin' wi' his stick, kept me at defiance. De-
termined to recover my property if I cowl, I seized upon
hint ; but bein' out o' breath wi runnise, he got the better
o'rat, an' lay shoot' toe for a good while. I.lay as cpUetly
as possible below him, ih order to gain breath', detenditt
enysier as weel as 1 emit! ; but when the elder got my nose
attempit to bite it aff, 1 was oblig'd to muster a' rot
strength ; I threw him all; got o' the till) 0.111111, gaia
him two or three guid thuds, that I'll ng dent t troth I'm
apgry I hadni time to gie him sale !Pair. Aossomener,
I brought awa' my Munn, and left him there :--That's the
short an' the long o' the story—ve may mak' o't what ye
like—but the amid story winna ao."—Cil7sgers Chrrrick.

uired into, that could produce better evidetwataf
it that ,which hr had by the 'testimony of as,
itue,ses note established -to favour of his client..
tent and itemnentatire address to the Jury, the
concluded by °Miming, that. she 940414 re.
tme of 'fact, whether or not his was a pate the
tenement, or part of the common and etait. lila
ras micle.and on that questiOn the fad Oa yeast
obe dbcisire. As the ?aver prevented Itnrilts
inst the title of Ecclesiastical perrions, tha
preliminary that the tight of ibe Chur,th
so that no doubt could he enternsirred-baeha
nye a derision in favour of i,b chariot. 1 waif
tis action had originated oat of a initigt dispute.
al eretnies of Mr. 31. bad avai'ed damsels's ot
thop of Lanann, to Inatitut- these rnardingg as a
indictment for a nuisance to witi;'.l it might be
dant bad mate Memel liable, by occasionally
ositing pieces of timber on the road, sear his
trusted, however, that the Jury would not laud
porpo.es of these parties. who he had no doubt
nt die use they had made of the Iliskop's mune ;
vend upon it; that it's verdict shookl be givep
daimtift'to.day, his Lordship would ge on till by
ken away the whole of the land that *lO DOW
tf the defendant's nelgithaure, and that could be

closed laud lay; whereas, in this CAM drarrbell WM only
copyholder, and therefore the freehold of the uneticiosedtandtttoold
belong to the lord, even supprrslog it to. hate beets included in the
original grant of the copyhold ; the only qweittne thereon "Ur
did the original grant include these two plays of ground 7 Upon
the evidence. his Lordship thought the ptobabiliTY tfM, that the
defendant's fertiles had at that used the open piece of lattd,
being of little value, was a winless angered to paislintiodeed
but an occupation entire oath tireumitualicei could not vest the
right of the soil in the occupier: and ids Lordship could nut brio
fearing that if these kind of titles wept' to be etrougellell,llM
would in the end cause a greet deal of unfritnAlyfeeliegbotlotecf•.
tilt lords of manors and outlet living neect theft nOrelaidaat •
petty, us it would induce the lord no &O lat
tradramsn from leaking tali of any +wean
trilling in value to the owner, anl however desktoiltsillfkaoß..._ "MOO
be toeorine,beetturie if he should, it might happen that
henei this very person rti ight claim aright Of pro= Yo
Ithe title.of the. leak wheat benhtsi tied-bad, •
Jury would, however, judge for themselves, and say whether or nu,
• a:tooling to the evidence before them, they were of opinion that
the land in question was part of the waste. or hid been grer led
with tl7e copyh:ld prtrit:ses now SIJ by t: dervidant. Ia tae