The British Press; or, Morning Literary Advertiser.
London, England, 1824-07-01 00:00:00

tried as one. Similar Instances took place daily in common law.
I*here various facts ware allowed to be e
is one anioe, and
cereiely a Court of Enmity would rot act otherwise. It was the
i fault et' the defeidant that there were two aztions.
- 1 The I'ICE-CHANce.t.c.na—Mr. Soliritor-C tmeral, the lustetion
FARQUHAR v. BALFOUR.
The LOUD CV Altt'ELLO a pronotmcAl it as his opinion in this at issue is, wilether one ctininbuoon ran be honied to examtne wit-
va.se, that Mr. Elliseught tube repaid the money he hail adsmeeel, misses for two distinct actions. This is what the reed
Counsel
an.; that the sugars in his poscxxion ought to be placed under the en the otiltr eiJe argues cannot be done, and this is the point to be
regulation and management of the ('nun.
! decided firm
Mr. Ac AR sugg:sted that an at should be Sled en the part ! Tho Sm.' t t
a-
t
rx r x Ai. then argued that there could he no
of Mr. Ellis, alleging that he Was not repaid any part of the MA:V.T hey:mei:ly in apnting too Commissions, and brought forward
which he had ads anced. several instances where the same mode of proceesling had takes,
Mr. H tine said he had received a letter from Mr. Ellis. expres- • Plem
sire of his readiness to give up the sugars to any person whom the I Mr. Sr an Ex followed on the same aide, and rested his argument
tiourt should appoint to vocalve them. . for a commission on the ground that it was in the power of the
,
ItAli 1: it 1... WRAY. Court to erant two conitoix.hms instead of one.
Mr. Green solicited judgment in this cause. tic was induced I The pier-Ctis,:er.l.T.Jß-110W could these commissions bey,
en make the reenest from the extreme of his ruixicty to have his, wooled. Mr. Sugden ? •
I erdshie's decision. Mr. Sri: mix was not prepared to answer the question ; but
The Loan Cuereceet o• replied. that the ease had not escaped . hoped his Honour would state what his opinion was upon the
his recollection. There sere judgments in cases of greater import- • stibixt.
an:- in the House of Lords which were utidixpetsed of. and tie 1 V:t k:-f L IIANCELOR—TIICTO has never been an inatanCe of 3
prritenre would be requited that day to attend at the Recorder's commissioo being granted to take evidence on pattimder points—it
report. has always been issued for taking evidence generally.
lIAISEAS coßprs. Mr. SUCHEN. with great submission to the Court. contended,
Mr. HEALD begged the attention of the Coen to a ease which
•that though there was no instaoce of the kind, he thought the Court
al!iteted the liberty of the subject. it was the commitment of a !might, with great propriety, make a precedent.
bankrupt of the name of (Homeroom who had been committed for I Several other arguments were brought forward for the plaintiff,
gtvirg unsatisfactory answers in his examination. Ile prayed his 1 the ptincipal of %Aid' 11/3a, that comnsions of a similar kind were
tits:bane., as the questions to which he was stated to refuse an an. ; frequently isseed in underwriting eases.
sate seer net to he found in the warrant for his ennimitnient. I The I ice.Ce eI.:CELL° it delivered his opinion at some length,
The Lott n CHARCEI.I.O3 3.. id that he would grant the than , and concladed he stating, that one bill of cmenti-inn for taking
eherge. on the ground maned' by Mr. Heald, as greater attention 1 evidence on two dirtieet cases could nest be issned ; and as two com-
e ettlit to he raid to the manner in which thine writs were made tinsel rout ions wiwild be injurious to the plaintiff at law, he confirmed
the demerrcr.
h 7 the rare time he roust say, that from reading the examinatiuns, 1
;hi bieeteure deserted to be committed.
In RE THE COIONER OF SALOP.
V. lion NE opened this petition. It was a petition from fil
f-, i:. , aue cf the county of Shropshire against the election of Mr.
Jr .:a to the office of Coroner. It prayed that the Court might di-
• Viet ::',../ .Ittrlf to mark a new writ for the election of the Coroner of
dee e,uto.-... el the ground of an informality in the late election.
On char ejca-irei there were two cantlidates--Slr. Jenes,• surgeon,
a' d 317. Set:than, a ettlieitiw, resident in Shrewsbury. The first
vb.:even male to the validity of the election was, that the Sheriff,
in villa:ion os' the rule of the statute, postponed the holding of the
Couety Court beyond the period prescribed by law, namely. from
the S'fith or 'larch to the %kb of April; secondly, that at the hold.
leg of the Court be did not give an opportunity. to the electors to
eiroceed to an election. Tit third point of the petition referred to the
infuse! of the Sivriffto prate-ed to an election, on theground that Mr.
Sauthern *es disqualifitd for the office of Coroner, its he had not
the amount of property required by the statute for a person holding
that situation. This allegation was met by the petitioners. be the
• sssertlen that nn evidence was tendered of such disqualification,
and that Me Senthern did possess a sufficient elnitable interest
to entitle him to hold the office. The Learned teentlentsn pro-
ceed:3 to advert to the several statutes which were successively
pa.tscd in the reigns of Edward 1. Edward 111., Henry VIII.
down to the lillth of George 111., irorn which be maintained that
the provisions of these statutes were violated in the election which
be now apt lied to hose set aside.
Mr. TAU XT ox followed on the came ride. Ile commenced by
adverting to the earliest statutes that had been enacted relatise to
the election of a Coroner. It was there requited, that he should he
the " meet wire and discrete knight." If this qualification were
regarded 311 as indispensable requisite, then was Mr. Jones as in-
eligible es Mr. Southern. far neither of then, were knights. In.
deed the strict observance of this rule would prevent any esquire or
Landman of the county front fulfilling the office. The next
statute was, the lath of Eels ant the Third, which stated the
property requisite was such
theyonl " whereof a man may an-
swer to all people." Again by Mth Edward the' hird, it was
?equine] that he should be the " moat meek and lawful
to be found ir the county." The Learned Gentleman then ad.
verted to the authority of Fiteherbert, in his Nufere flrevinet,
In support of his opinions, and other eminent legal authorities. The
construction which he gave to the terns " most wise and discrete
knight" was, listen did not requirethat the paean should be a knight
but a person of sufficient property and respectability to qualify him
tor the situation. The oely property which by the last statute, the
sfith Geo. 111., it was necessary the candidate should possess was,
Pe reunite a year in the county, and it could be most satisfactorily
pinned, that Mr. Southern, at the time of the election, was possess-
ed of that and much more.
The SOLICITOR-GENERAL appeared on behalf of Mr. Jonee.
fie commenced by adverting to the first of Gentry VIII. chap. 50,
whieh stated the eroperty which it was requisite for a etuulidete for
toe osiice of Comr.er to possess. but which it did not appear Mr.
Southern was seised of at the time of the election. There was a'
#roperty assigned him or purchased be him, but the deed of con.
feryance had not been executed which transferred the property ,
*clean, whim. The statute did not mention the word " Coro- 1
era,' t applied only to " Eseheator," but was always consi-
dered as confinnatory of the statutes which related to the eligibility
of coroners. It appeared morn:mute from the admission cf Mr.
Southern himself at the election, that he did not possess the 'f !Mill. ,
eitequalifications ; he even withdrew from the clettion.The Learned I
(knit. contended that his withdrawal from the contest amounted to a
total surrender of any pretension to gain the election. Ile lie.-
mined that although he was not qualified at the time, he could
,vet qualified. but with this requisition the Sheriff very properly'
refined to comply. If a candidate for a seat in Parliament were
tat withdraw teem the contest, he could not afterwards complain of',
bring unfairly dealt with, and in the same menner, be contended,
teat elr. Southern, after having withdrawn, had no right now to'
prefer a complaint against the return of Mr. Jones.
The Lour) Cuancerema—But if the electors insist upon it,
they can return a member against his will to Parliament.
. Ilse SOLICITOR-OENERAL raid that the eases in that respect'!
weredifferent. He admitted that a member should serve in Par-
liament, if he were elected, but there was no precedent of a similar
case is the instance of an election of a coroner. It did not appear
satisfactorily from the affidavits that a peel was demanded. Mr.
Jones was elected without opposition, and in justice to him, the
elsehon should not be disturbed. This circumstance. together
with the voluntary witharawel of Mr. Southern, constituted suf.
inclent grounds wby the prayer of the petition should not be ac-
ceded to.
Mr. Sicilia' eel. appeared on behalf of the Sheriff, whore duty
was merely ministerial, and whose only oh..!ert was to discharge her
duty impartially. As to the objection which had been taken to the
adjournment of the County Court from the inch of March to the
35th of Aprin it was made with the consent of both parties, and
with a view to their mutual accommodation, and that of the free-,
holders. When the writ for convening the Court for the election
was in the hands of the Undez-Sheriff; a request was made to him
hy Mr. Southern, or on his part, for the postponement of the dee.
Ile would sot avert that that consideration was sufficieet to satisfy
tlse statute, which required the election to take place within a limit.
eel period,; but pit was done in a spirit of conciliation, it ought not
tube made a ground of complaint ainst the Sheriff. Besides. the
likeriff committed lmpey, a high authority upon such millet-et, and
an the statutes which were there quoted for the regulation of the
election of Coronae, no mention was made of the question of post.
penetnent, or of the eeth of George 111 lie acted, therefore, on
the best information he could procure, and without partiality. As!
to his conduct at the County Court, it was simply this—an objec-
Um) was them taken to the qualification of Me Southern ; the'
Sloth, baud the arguments of Counsel on both sides; and aker a
relent hearing, decided, as he had an undoubted right to do, ac.
oardingto his Judgment, on the disqualification of Mr. Southern.
Ste.lionwe replied, and disclaimed. on the part of the petition.
ere, soy imputaeon on the conduct of the Sheriff. Ile did tot
.menn to barite partiality, but namele deft he did not ect in strict
conformity so the orisioos of the several statutes fie the regulation '
Mille election of Coroners.
7he Loan Cnenteeton mid that this was a petition that is.
v (Awed a question ofjucheial reference ; thin qu
_cation stn. erteetitee the
election of the 25th of April should be reAri.d as aa electioe at
eller not? If he were now to limit that It was an electleth _lt
might amount to a declaration, that the statute which provided
against the post tof the election ass a nullity. It might
be, however, either it was obligatory on the Sheriff not
to postpone die election beyond a prescribed period, or it was dis-
cretionary with him to do so if he thought proper. The construe-
tem sr this pail of the statute was of the utmost importance. The
eirevieion was introduced with a view of preventing Sherillis from
_ eniereg recourse to those manerumei of delays, &c. which may be I
settietimes resorted tri for the seceratnedatiOn of their friends. As to '
die 511th of George 111. not being found in Impel., which it sets
staled the Sheriff consulted, it was not to be wondered at, as the
statute was not passed till after that book had been published.
Until it was decided *whether the election was an election at all or
toe it would be unnecessary to enter into the other point, namely,
'what are the tivaliticationa requisite for the eligibility of a Coroner,
and did Mr. Southern possess them. If it should become necessary
be would give his opinion on the construction to be ,eiven to the
names of Edward I 1 1., and dime that had been inferred to. lie was
n oval present prepared to give at; opinion kiwi them, nor nes it
now Deers:sty that be should do so. lie sold see one of the
Judges in the course of the day, and would take the petition and eon-
... At. wi!h him on the question he had stated relative to the validity
sf the election.

LAW IYTELLIGEACE.

COURT OF CHANCERY, JrNr. 30.

COURT OF KING'S BENCH, WEDNESDAY, ivies M.

Mr. Gl' RNET prayed the judgment of the Court on Lewis
I Nathan and Elizabeth his wife, who had been conv.cted of an u-
-11:atIt at Guildhall. during the sittings before Easter Term.
The Loan Clime .Itscier read over his n.,tra of the trial,
and it anpcsred that the person assaulted was a young girl in the
service of Nathan.
An affidavit was pot in on the part of Nathan, setting forth that
he has a large family entirely depending upon his industry, and
thet his wife was very nese her aeconchement.
Mr. Agiot.mtt; s war heard in mitigation. and Mr. GURNEY
in aggravation; when
Mr. Jt. ticc !la rut,- delivered the judgment of the Court. The
sentt:.ett was. tn.,. 1,-wis Nathan be im ne prisod in the Marshalsea
for one month, th
that Elizabeth Na :an pay to the King a fine
of one shillinz.
Mrs. Nathan paid her fine. and withdrew with her husband.
EX-SHER Iris.
Mr. J rar sty sisciud cause nvirst a rule chtairol by Mr.
31ereweuthot, for a 1113!IliallItIA to the late s'•criff of Somerset,
culling upon hint to cause a return to be made to a writ of Isar:
Ji ins
The CoraT held, that no mandamus could be issued to an Es-
Sheriff; but a writ dr cr,.-llgone judicii might be sued out. There
were various 4 Mt 'es of (ttaining retirees, and the Court now can
' only be called on to say that this rude could not be sustained.
LIBEL.
Mr. A,VAN prayed the judgment of the Court upon Mr. Man-
thee, proprietor and editor of the Brian)? Mercury.
Mr. Justice TATTLETALE ?cad the notes of the trial, which
took place at Bristol, before Mr. Baron Gnrroe. The prosecution
was institute) by Sir A. Wilson. and the libels consisted of letters
reflecting on the character of the Yeomanry Cavalry; of which
Sir A. was the Commanding (Winer.
31r. A mist observed, that under existir.g cireuntstanos the pee-
-1 since of 31r. 3lsnehee was dispensed with to-day.
The Lonn s.r .It-sctcE—Why, have not all the matters
been referred to the blaster?
3lr. S.trg, art PELL (for the defendant)--The erpersea, my
Lod, which have already been enormous. The defendant has been
three tiros in howl to receive judgment, and a further topense
would be oppressive to him.
The Loan CHIEF' JUSTICE--Cal there be any difficulty now
in referring the matter to the Master?
Mr. Sergeant Pr.t.t replied, that he felt no difficulty in acceding
to his Lordship's Dropout-
Mr. Angst—Sir A. W'ilson will, lam sure, abide by any deci-
sion of this Court.
The Loin) (.111ET JL'STICE—Sir A. Wilson conducts himself
very becomingly; we hnve net mid otherwise. In ease, however,
that this subject should conic again before the Court, the defend-
ant's attorney must be prepared to give security for any (Inc that
may be imposed on the defendant in his absenee.

THE RING V. THE REY. MR. HOTINE.
Mr. Gun ,:t:v sheared cause against a rule obtained by Mr.
Scarlett for a mandamus to the Vicar of Orsiskirk, Lancashire, to
publish a notice to bold a meeting for the purpose of establishing
a Select Vestry, for the management of the concerns of the poor.
The answer was, that the time of meeting was Friday, when
prayers were read, and when the Vicar could not preside at the
meeting; and that the terms of the notice called upon the infix-
' bitants to establish a Select Vestry. while the Act of ;et Geo. 111.
only empowered them to call a Select Vestry, if they (the inha-
bitants) thought proper.
'I he COVRT gave it as their (minion, that another application
should be made I. the Vicar, and that the terms of die motion
should correspond more exactly with the proyislbria of the Act of
Pariiament. Any other day than Friday would be better fur the
meeting.
Mr. SCARLET? had uo objection to the rale being discharged,
ups. an undertaking that the Vicar would publish the neonsary
notice forthwith ; to which Mr. dualLY assented.

Rule discharged.
TILE KUM r. LOID TAIBOIIOOIIIT.
The Avvonxtr-Owstrnar. moved foe a rule to shew cause
why judgment should not be entered for the Crown, so* ulstant.•
The Lona CHIEF JUSTICE was of opinion that the fete of the
previous motion for a new trial in this case, precluded the Court
from listening to the pment motion, note.", the other side agreed
to it. The only other course was by writ of error.
The Com moN SEUGEANT said, that be had no instructions
upon the subject; and, at the desire of the Geurt, took tunc to con-
sider of it.

THE KING v. Pnirecv.
Mr. ADAM showed cause against a rule obtained by Mr. Chitty
for a mandamus to Mr. Phippey, one of the Justices of the county
of Somerset, to produce all the evidence in which a person of the
name of Cradle had been convicted under the Game Laws.
Mr. Justice BAILEY—Have any proceedings taken place under
the conviction ?
Mr. ADAM—None, my Lord.
The LOBO Cuter Ji ST ICE—Let the whole of the proceed-
ings be quashed on both sides. A witness is not to be fi'st examined
and then sworn to his examination The practice, I fear, is not
uncommon, though it is highly improper.
Mr. Justice Ilamtv—The sooner the impropriety of this
practice is made known the better. Every statement made by a
witness should be under the solemn impression of an oath, for
otherwise be might swear loosely and dangerously to himself and
others. To call an inquiry, as here, an affidavit, was highly int-
proper.

TAR LING CART.TCIN AND OTUT.LS.
Mr. RUSSELL applied to the Court en behalf of iltsGcorge Chet-
wynd. for the purpose of fixing a day L resume the argument
upon the rule for a criminal information against the printer and
publisher of the Britith Press newspaper.
The IsIASID CHI7:I JusTie —How, Mr. Russell, can this
Court 6x a tisy 2
Mr. Russet.c—gir Ornrge Chetwynd is oily anxious that it
should he generally knowr. he was ready aml desirous to resume the
argument.
31r. Justice LITTCEDALE proceeded to Guildhall, when he sz:t
at Nisi Prins. _

COURT OF COMMON PLEAS, WEsTmissTza.
WEDNUDAT, Juxx 30.

(Sittings is Basco.)

HAM V. CONSETT. I
This was a case tried at the Sittings after Trinity Term last year, I
on a policy of Lowrance on Aped* shipped on board a vessel from I
London to Maracaibo, in South America, rn nviedret for
the Assured was taken, subject to a special argument.
Mr. Sergeant VAUGHAN was heard against the verdict, and ar- I
I geed that his clients, the underwriters on the policy, were entitled
to the verdict, inasmuch as they did not insure against an enemy,
but only against the perils of the sea, and that if :Maracaibo had I
not, at the time the vesael stranded, been in the herds of the Roy-
alists, the goods would have been secured. The facts were, that
I the ship was stranded about nine miles from :Maracaibo, to which
port she was sailing, under the expectation that it was in the pert.
session of the Independents ; and that on her being wrecked at
that point, had that beat the case, assistance v.sruld have been ren.
tiered to her, and the goods saved ; but the town being in the
hands of the Royalists, they seized the goods, and therefore he con- ,
tended that the km was occasioned by capture and seizure, and net ;
by the perils of the sea.
Mr. Sergeant Rosier:nu ET, in support of the verdict, conterded
that the nion.ent the vessel struck no the sands, the goods were a I
total low, and that the right of the assured to recover WWI no.
feeted by anything that afterwards occurred. It was clear from the •
evidence, that if no assistance had arrived, the goods could not I
have been saved. They could never have reached Maracaibo. It !
was not to he presumed on the part of the urderwriters that the ;
vestal would have run into !ilaracaibo with the Royalist flag Vying ;
there, and therefore it might fairly be inferred that the loss arose ;
from the perils of the sea.
Mr. Sergeant Vxt; sinew, in reply, maintained that the Ines
nark place in consequence of :Maracaibo being in the halals of the!
Royalists. The vessel was specially destined for that pots, and it, I
as the underwriters believed, it had been in the hands of the hi.
dependents, she would have been approaching a friendly port, ui
would have received assistance, in which case the goods would have
buen secured, and therefore the loss could only in fa.mess he re.
!erred to reptant, front which the underwriters were spech-liy ex-
certed.
The Loan Cat Jr ST ICE, in giving judgment. observed that
his first opinion with regard to this case was, that it was a total
iota ; be afterwards altered his opinion, and was now ready to tie-
knowledge that he had come back to his original opinion. 'nee
ship in question was insured from London to Muaretibo, and if it
should appear that the loan was occasioned by the perils of the sea,
1 then it must be allowed-that it was a total lose. The fact was, that
the vessel was not stranded nine miles from Maracaibo, but off Sun
Carlos, a military poet, SO miles from that port. The vessel being
. at anchor at this point,dailtati, and eemequently, he als of (Tiniest.
I lost by the pesilanftbe sta. Certainly the Court he alway, held

VICE.CIIANCELLOWS COURT, JUNE N.

SIIACICILL.L V. MACAULAY.
'late plaintiff 1.7. the printer and publisher of the weekly vetoer the
J:1 r Bull. The defendant is a member of a !Society for the
A boiation of The plaintiff had publishal several articles
14 his 11C.W11p3rOr Wh:Ch the defendant contended reflected on his
e1.5r....-ter. and acre grows and injurious libels. Two in particular
w •re ot—.one published in October 2fi, and the
attic( it. Nurcxl -r t,, of the same year; two distinct actior.= were
sot con,...Jr.h.aze. Moitght monist him, to be tried in a court of LW.
511.1.*,11.1 lin 1/Wll4 a plea of justification. that what he had as-
-1,1,4 railed to the Court for a bill to Issue a cont-
Jai ha, tiael-tr,ao.e of akiug evidence in foreign countries.
.tlr. 0., p.trt of err. Ilacauiay, objected to this, and
ri: a. - .texx.r.r, on 01.1. ground that one cohnoia.sion mild not
be isr...l for t+ • i .:t atxtuns. brae p.trt of the octet:nee mutt
b: in A t'Tier., meat!!,:: in America, or iu Mlle other part
v.& the •.. n•,ancit c0..;b1 lie moose inennveMiat and unjust,
tort to t • ....or..issitin to comprehend all these. The cal-
aerate in •• , . • ,ht aITIVCItI Iwo month:—tress otheni. per-
I. not i.. ; a ,at .t would he unjust to allow any publica-
uac
;31' the tAi..le.z., :net of the arioes to take place, before all
the ovitle...ce of eld be drought. He then:fore objected to
SON bai, a ..t Vougl.t forward an instance of a decree in this Court
wlaiee applied pr..eireiy to this one—that of Thorp v. Macaulay.
stmt. vrott-liErituitc. appeared for Mr. Snorkel', and
steel that this wt. a very titranee instance of demurrer. The de.
fendset had chosen to make two actions, and therefore contended
thst one commission could not be issued. The action were vre-
ei.ely the some, sod there wan nothing to prevent them from bumf