The British Press; or, Morning Literary Advertiser.
London, England, 1826-03-30 00:00:00

WAKEFIELD SOKE.

Sir Edward Dods;oith,llart., Godfrey Wentworth, Esq., Sir
Wm. Pilkington, Hart., and Joze Luis Fernandez, plaintiffs; v.
Ingham. defendant.
Second issue against George Haigh, David Luilly, Joseph
Rhodes. and Henry Lund, defendants.
For the plaintiffs, Messrs. SCAR LETT, MAUDE. TINDAL, and
HERWOOD ; for the defendants, Aleuts. BROUGHAM, PARKE,
HinsERT, and ALExaxnen.
. . .

This tri;llhas occupied the Court two entire days, without the
defendant calling any witnesses; and it is considered a question of
great local importance to this county, although to the public at
large of no general interest.
It was an action upon assigned issue, directed out of the Dachy
Court of Lancaster, to try whether the plaintiffs had or hadnot, by
virtue of the privileges annexed to certain ancient mills, in their
possession, an exclusive right to have ground at their mills all corn
that should be used within the township of Wakefield, and the
question to try was, whether corn might be legally ground within
the township of Wakefield, at any other mill than the old Soke
mill. The plaintiffs, it seems, derive their title from the Saville fa-
mily, to whom the Crown had granted those coke mills in the reign
of James 1. which grant was confirmed by Oliver Cromwell. The
Crown in those ancient times had considerable estates in the neigh-
bourhood of Wakefield, and when it granted those mills to the Sa-
, rifle family, it granted all the privileges enjoyed by coke mills.
These were originally granted for the reciprocal advantage of the
Lord of the Manor and of his tenants; the Lord being bound to keep
the mills in repair, for the benefit of the tenants ; and the tenants
to grind their corn exclusively at the mills, when they were in con-
dition to grind it. The general known privileges of ancient mills,
hstl been declared by two solemn decisions of the Duchy Court of
Lancaster, before whom this question has been several times agi-
tated. The last of these decrees was in 1761, when other mills
were erected within the township of Wakefield. The first piece of
documentary evidence produced was the charter of King James to
certain trustees, on behalf of Sir George Saville. The second, a
writ of the Duchy of Lancaster, in the year 1610, to do suit and
service to the ancient Soke Mills. After which the decree of 1761
was read, ordaining, that no inhabitant of Wakefield should spend,
sell, or utter, in their ,dwelling-houses, any grain not ground at
the ancient Soke Mills.

After a great number of witnesses had been examined.
3lr. Iliwt:c lIA sr rose to reply, and, in a speech which lasted
upwards of two hours, said, he should call no witnesses, but re-
minded them, that already six hundred pounds had been expended
in a tavern bill on one side only of the question, and (iod only
knew where the expenses would end. As regarded King James,
he thought the least said of him the best. Mr. Brougham con-
tended that nothing short of proof absolute should satisfy them
that those mills had been erected for the purpose of grinding corn,
to be consumed only within the Township of Wakefield, and act
for the purpose of its being sent to places out of the manor.
His LORDSHIP said, that the main question for the considera-
tion of the Jury was, whether all the inhabitants were bound to do
suit at the one set of mills or the other, and after expounding the
law at great length, left it to the Jury to tsar what they believed to
be the ancient custom, and to return a verdict accordingly.
The Jury, at six o'clock. retired to consider their verdict; and
which, at half-past two o'clock, when the mail left for London,
they had not returned.
GUILDHALL, FOR THE CITY_.

Before the Bon. Mr. Baron Ilum.ocK, the Loan MaYon, and •
Bench of Magistrates.
Michael Bell, a young man of extrema" gentlemanly deport.
meet, was put to the bar, charged on the Coroner's Inquest with
manslaughter. The following is • brief maim of the code :
The prisoner and the deceased, it appeared, were acquainted with
each other. On a particular evening the prisoner and the deceased,
(with some other persons in company) were passing up some of the
streets of York, when the deceased hallooed out to the prisoner,
" You black —, where are you going ?" which offending the
prisoner, a quarrel ensued, and the prisoner (who had a stick in his
hand) struek the deceased on the head, and inflicted a wound, of
which wound he died some time afterwards. The prisoner ab-
sconded, but delivered himself up soon atter to justice, and was this
day put upon his trial. The highest character for humanity was
given him. Ilia Lordship sentenced him to 14 day's imprisonment.

SI.IGO Assizes, MARCH 20.—The labours of the Sligo
Assizes continue to be severe. The business, both civil
and criminal, are very weighty, but the latter is most un-
usually heavy. In the Record Court, Judge Burton has
generally sat for nine hours at least, being usually in Court
before ten o'clock in the morning. In the Crown Court,
Baron Smith sat for eleven hours and a half on Thursday,
thirteen hours on Friday, and for nearly twelve hours on
Saturday, taking the bench punctually at eleven each
morning. Numerous , cases of importance have come be-
fore him, and among them several convictions, capital and
fur transportation, have taken place. There are charges of
murder, burglary, robbery, rape, ribbonism, whiteboyisin,
administering unlawful oaths, &c. One case of a very un-
common kind occurred, the indictment for manslaughter of
a Physician, on account of the death of a woman whom he
had attended in her confinement. Some very extraordi-
nary and unpleasant facts caine out. The Learned Judge
seemed to share in the impression of the Jury, who showed
much displeasure at the transaction. He advised them
against convicting of manslaughter. They returned a
verdict of Excusable Homicide.—Waterprd Mail, 25th inst.
At the Assizes at Cork, after the usual address by the
Baron to the Grand Jury, and they the Grand Jury had
retired, his Lordship proceeded to receive burning peti-
tions.—Southern Reporter, March es.
The utmost alarm has lately prevailed at Stratford-upon-
Avon, owing to the many houses that have been set on fire
in that neighbourhood by incendiaries. Many of the in-
habitants who haul neglected to insure, have applied to get
insurances effected; but the different offices have refused
all applications from that quarter, in consequence of the
heavy losses that several of them have already sustained,
and the claims that are daily coining in. A man has within
these few days been apprehended, of whose participation in
this dreadful conspiracy very conclusive proof has been ob-
tained, and it is hoped that through his means a clue may
be got to the discovery of the other offenders.
A letter from Wick states, that a fellow has been appre-
hended in that place, while in the act of receiving from on
board a vessel which had just arrived, a large box of base
coin, of Birmingham manufacture, to the nominal value of
about SOL They were principally half crown pieces ; and
were invoiced by the dozen, at 3s. 9d.! ! He is now in
gaol.
Ps: av it.--Monday se'nnight, the spirit distillery of
Messrs. Ramsay and Co. at Craigie, in the vicinity of this
place, took fire; and, before the flames could be subdued,
the malt kiln and roofs of the adjoining granaries were
consumed, and about 100 bolls of malt and rough grain
were destroyed and damaged. The loss is estimated at
about 3001. The property, we understand, was insured.
About four o'clock, on IVednesday afternoon, Donald
Cameron, travelling merchant from Fort IVilliam, was accosted by
three men on a sequestered part of the road between Erskine Ferry
and Paisley, who, each presenting pistols, demanded his money,
on which he tendered them a guinea note. " No, no (said they),
that won't do, you have more ;" on which they searched his
pockets, and finding nothing, they searched the lining ofhis clothes,
and discovering something bulky in the waistband of his trousers,
they cut it up, and found eighty pounds in bank notes, consisting
of three twenty pound bank notes, and twenty one.pound notes, of
the Bank of Scotland, which which they made oft: The poor man
stood rooted to the spot, when he saw one of the party returning,
with the intention, as he supposed, of blowing out his brains, but
on a signal from his companions, he suddenly ran off.—Cakdonlan
Mercury.
Mr. James S. a gentleman of distinguished wit, is an
attorney, and lives in Austimfriars. As ill luck would have it,
another Alt. James 8., also an attorney, came to live in the same
house. The consequences. of course, were very inconvenient to both.
After Innumerable mistakes, the 111 r. S. who had come late.. to
the house, called on his namesake with an open letter. " You see,
Sir (said he), 1 have opened a private letter of yours—lt is very
unpleasant that I should do au : against
me last week, and as the christian and surname art both at the
same, I do not know how these disagreeable things are to be avoided,
unless one of us leaves the house." Of course (said the punster)
it muu be you, for as yon have come here last, being James the
Second, you should abdicate."

A DILI,
FOR IMPROVING TUE ADMINISTRATION OF CRI-
MINAL .ICSTICE IN ENGLAND.
(As amended by the Committee.)

Whereat it is expedient to define under what circumstances per. I
sons may be admitted to bail in caeca of felony, and to make better ,
provision for taking examinations, informntionn, bailments, and re- i
cognizances„ and returning the same to the proper tribunals :
And whereas the technical strictness of criminal proceedings ,
might in many instances be relaxed, so as to insure the punish-
ment of the guilty, without depriving the accused of any means
of defence ; and the administration of justice in that part of the
United Kingdom called England might in other respects be ren-
dered more efficient ; be it therefore enacted by the King's Most
Excellent Majesty, by and with the advice and consent of the
Eords Spiriitsal and Temporal. and Catninumx, in this present Par. I
asseutbled,liament and by the authority of the same, that where ,
any person shall be taken on a charge of felony, or suspicion of
felony, before any justice of the peace, and the charge shall he sap-
ported by positive evidence of the fact, or by such evidence as. if
not explained or contradicted, shall, in the opinion of the Ju•tiert.
raise a strong presumption of the guilt of the person charged. such
person shall not be admitted to bail by any Justice or Justices of
the Peace, either in or out of sessions, but shall he committed to
prison by the Justice before whom he or she shall be so charged, in
the manner hereinafter mentioned ; and where any person shall be
charged with felony or suspicion of felony, and the evidence given
in support of the charge shall, in the opinion of two Justice' of the
Peace, not be such as to raise a strong presumption of the guilt of
the permit charged, or such evidence shall be adduced on behalf of
the person charged as shall in their opinion weaken the presump-
tion of his or her guilt, but there shall notwithstanding appear to
them to be sufficient ground for judicial inquiry into his or her
guilt, in such case the person charged shall and may be admitted to
bail by such two Justices, in the manner hereinafter mentioned.
And whereas it is expedent to amend and extend the provisions
of two Acts—the first passed in the first and second yearn of the, reign
of King Philip and Queen Mary, intituled, " An Act appointing
an order to Justices of the Peace for the bailment of Prisoners ;"
and the second passed in the second and third year"' of the same
intituled, " An Act to take Examination of Prisoners Sus-
pect ed of Manslaughter or Felony ;" be it therefore enacted, that
before any two Justices of the Peace shall admit to bail, or any one
justice Shall commit to prison, any person arrested for felony or
suspicion of felony, such Justices and Jusiice respectively shall
take the examination of such person, and the information upon
oath of those who .hall know the facts and circumstances of the
Mt, and shall put the same, or as much thereof as shall be ma-
terial, into writing ; and such Justices shall certify such bailment
in writing, and subscribe the same : and every such Justice shall
have authority to bind by recognizance all such persons as know or
declare anything material touching any such felony or suspicion of
felony, to appear at the next Court of Oyer and Terminer. Gaol
Delivery, or superior CrintinalCourt of aCounty Pulatice, or Great
Sessions, or Sessions of the Peace, at which the trial thereof is in-
tended to be, then anti there to prosecute or give evidence against
the party accused ; and pitch Justices and Justice respectively Khali
deliver, or cause to he delivered, all such examinations. inform'.
tions, bailments, and recognizances, to the Court in which the trial is
to he, at the opening of the court on its first sitting.
And be it further enacted, that every Justice of the Pence, before
whom any person shad be taken on a charge of misdemeanor or sus-
picion thereof, shall take the examination of the person charged,
and the information upon oath of those who shall know the facts
and circumstance% of the case, and shall pia the same, or as much
thereof as shall be material, into writing, before lie shall admit to
bail, or commit to prison, the person so charged, and in every case
of bailment shall certify the bailment in writing, and subscribe
the same ; and shall have authority to bind all perms by recog-
nizance to appear to prosecute or give evidence against the party
accused, in like manner as in cases of felony ; and shall deliver,
or cause to be delivered, all examinations, informations, bail-
ments, and recognizances to the Court in which the trial is to be,
at the opening of the Court on its first sitting, in like manner as in
cases of felony.
And be it further enacted, that every Coroner, upon any inqui-
sition before him found, whereby any person shall be indicted for
manslaughter or murder, or as an accessory to murder before the
fact, shall put in writing she evidence given to the Jury before
him, or as much thereof as shall be material ; and shall have au-
thority to bind by recognizance all such persons as know or de-
clare any thing material touching the said manslaughter or murder,
or the said offence of being accessory to murder, to appear at the
next Court of Oyer and Terminer, Gaol Delivery, or superior Cri-
minal Court of a County Palatine, or Great Sessions, at which the
trial is to be, then and there to prosecute or give evidence against
the party so indicted ; and every such Coroner shall certity and
subscribe the same evidence, and all such recognizances, and also
the inquisition before him taken and found, and shall deliver the
same to the Court in which the trial is to be, at the opening of the
Court on its first sitting.
And be it further enacted, that if any Justice or Coroner shall
off end in anything contrary to the true intent and meaning of these
provisions, every Court of Oyer and Terminer, Gaol Delivery, su-
perior Criminal Court of a County Palatine, Court of Great Set-
' Mona, or Sessions of the Peace, to which any such examination,
information, evidence, bailment, recognizance, or inquisition ought
to have been delivered, shall, upon examination and proof of the
offence, in a summary manner, set such fine upon every such Jus.
tice or Coroner as the Court shall think meet.

And be it further enacted, that all these provisions relating to
Justices and Coroners, shall apply as well to the Justices and Co-
roners of small jurisdictions as of counties at large.
And whereas divers statutes, taking away the benefit of clergy,
or creating felonies without benefit of clergy, have omitted to
take away the benefit of clergy under certain circumstances conse-
quent upon the indictment of the offender: and whereas a par.
nal remedy for such defects was supplied by an Act passed in
the third year of the reign of King William and Queen Mary,
intituled, 'an Act to take away clergy from sonic offenders, and
to bring others to punishment ; whereby it was enacted, that if any
person should be indicted of any offence for which, by virtue of any
former statute, such person was excluded front the benefit of clergy,
if convicted by verdict or confession, such person should not be ad-
mitted to the benefit of clergy under ally of the circumstances
therein enumerated ; and whereas it is expedient to extend the like
remedy to all offences which now are or hereafter shall be excluded
from the benefit of clergy ; be it therefore enacted, that if any per-
son shall be indicted of any offence for which, by virtue of this or
of any other statute or statutes now in force, or hereafter to be
in farce, the offender, upon conviction, is or shall be excluded
from the benefit of clergy, such person shall be equally excluded
from the benefit of clergy, whether he ur she shall be convicted by
verdict or by confession, or shall upon arraignment stand mute of
malice, or will not answer directly to the charge, or shall challenge
peremptorily above the number of twenty persons returned to be of
the Jury,er shall be outlawed upon such indictment, although the
statute or statutes taking away the benefit of clergy in any such
case may not expressly provide that the offender shall be excluded
from the benefit of clergy in case such offender shall confess, or
stand mute, or not answer directly, or challenge peremptorily above
the number of twenty persons returned to be of the Jury, or be out-
lawed ; and everything herein contained shall extend as well to all
accessories as to principals.
And with regard to any clergyable felonies, be it enacted, that
if any person shall be indicted of any felony for which the offender
is or shall be entitled to the benefit of clergy, and such person shall
on arraignment confess the felony, or stand mute of malice, or will
not answer directly to the charge, or shall challenge peremptorily
above the number of twenty persons returned to be of the Jury, or
shall be outlawed upon such indictment, in every such case such
person shall be deemed and taken to be convicted of the felony, and
"the Court shall award such judgment as if such person had been
convicted by verdict; and every thing herein contained shall ex_
tend as well to all accessories as to principals.
And for the more effectual prosecution and punishment of acces-
sories to felonies, be it enacted, that if any person shall become an
accessory, either before or after the fact, to any felony, whether the
same be a felony at common law, or by virtue of any statute or
statutes now in force or hereafter to be in force, the offence of such
person may be inquired of, tried, determir ed, and punished by any
court which shall have jurisdiction to try the principal felon. In the
same manner as if the act, by reason whereof such person shall
have become an accessory, had been committed at the same place as
the principal felony, although such act may have been committed
either mate high seas or at any other place on land, whether within
his Majesty's dominions or without ; and that in case the principal
felony shall have been committed within the body of any county,
and the act by reason whereof any person shall have become acces-
sory, shall have been committed within the body of any other
county, the offence of such accessory shall and may be inquired of,
tried, determined, and punished in either of such counties: provided
always, that no person who shall be once duly tried for any offence
of being an accessory shall be liable to be again indicted or tried for
the same offence. _

And in order that accessories may be convicted and punished in
cases where the principal felon is not attainted, or hath the benefit
of clergy, be it enacte that if any principal offender shall be in
anywise convicted of any felony, it shall be lawful to proceed against
any accessory either before or after the Elm, in the same manner as if
such principal felon had been attainted thereof, notwithstanding
such principal felon shall be admitted to the benefit of clergy, or
pardoned, or otherwise delivered before attainder; and every such
accessory shall suffer the same punishment, if he or she be in any.
wise convicted, as he or she should have Buffeted If the principal
bad been attainted.
And whereas it is expedient that principals in the second degree,
and accessories before the fact, should in alt cases be subjected to
the same punishment as the principal felons in the first degree; be
it therefore enacted, that every person who shall be a principal in
the second degree, or an accessory before the fact, to any otience
which shall be a felony at common law, or by virtue of any statute
or statutes now in force, or hereafter to be in force, shall be punish.
able, with or without benefit of clergy, in the same manner as the
principal felon In the first degree, although neither the statute or
statutes relating to the principal felon in the first degree, nor any
other statute, door shall expressly name the offence of the principal
in the second degree. or of the accessory before the fact, or do or
shall expressly provide any punishment for the same, and although
any statute now In force may expressly provide a different punish.
ment for the same: provided always, that nothing herein con.
tainted shall affect or alter any Act which bath provided or may
provide that accessories before the fact to burglary, robbery, and
larceny, may be prosecuted before the conviction of the principal
offenders.
And in order to obviate the difficulty of proof as to all offences
committed near the boundaries of counties, be it enacted, that in
any indictment for any felony or misdemeanor committed on the
boundary or boundaries of two or more counties, or within the
distance of NO yards of any such boundary or boundaries, it shall

he sufficient to allege that such felony or misdemeanor was We
mitted in any of the said counties; and every such telooy or mis-
demeanor shall, and may be inquired of, tried. determined, aid
punished, In the county within which the mote shall be so allegad
to have been committed, in the rams manner .ra if it bad bete
ac-
tually committed therein.
And in order to obviate the difficulty of prow, as to offences
committed during jnurnies from place to place, be is enacted, that
in any indictment for any felony or misdemeanor committed es
any person or on any property, In or upon any stage Ilesch. star
waggon, stage cart, or other such carriage whatever, empteyett SP
any journey, it shall be sufficient to allege that inch felony tie
demeanor was committed within any county or place through any
part whereof such coach, waggon, cart, or carriage *hall haw
passed in the course of the journey during which such felony er
misdemeanor shall have been committed ; and in elf cases where the
side, centre, or other part of any highway shall manstitute the bows+
dary of any two counties,it shall he sirfficielt tosalege that the felotty
or rniadernernor was committed in either of the said meatian
titrough or adjoining to or by the boundary. of any part whereat
such coach, waggon, cart, or carriage shall have passed, hi the
course of the journey during which such felooy or nffitdetaranor shaft
hare been committed; and in any indictment for any lekiny
misdemeanor committed on any person, OT on any property ota
board any vessel whatever, employed on .any voyage or journey
upon any navigable river, canal, or inland navigation, It shalt MI
sufficient to allege that such felony or misdemeanor wart commtned
within any county or place through any part whereof such resod
shalt have passed in the course of the voyage or journey divine
which such felony or misdemeanor shall have beau committed ; mad
in all cases where the ride or bank of any navigable river, c.nal, or
inland navigation, or the centre or other pert thereof, shall can.
stitute the boundary of any two counties, it shall he strificient W
allege that such felony or misdemeanor was committed in either of
the said counties, through or adjoining to. or by the boundary of
any part whereof such vessel .shall have passed in the course of
the voyage or journey, during stitch such felanj or misdemeanor
shall have been corrnnitted ; and every such felony or range=
meanor, committed in any of the cases aforesaid, shall and may
be inquired of, tried, determined, and punisheri, in the muesli or
place within which the same shall be yo alleged to have bow
committed, in the same manner as if it had been actually lOW
flitted therein.

(To be continued).

THE NEW FdlIT AND LIGHT-HallE
LIVERPOOL.

Our readers are already awerelrit a liatteyy ia now erecting id
Liverpool, at the Mile-house Rocks, on the north Awe, for the
defence of the port. Another, of larger dimensions, in about to
be commenced on the opposite shore of the Mersey, on the Reelo
Perch. It will be built of a beautiful white stone, from a quarry'
contiguous to the spot, and will mount fifteen pieces of °ulna:re,
42-pounders. The works are under the tuperintendance of Captain
Kitson, of the Royal Engineers, bj whom they were projected.
The foundation-stone of the Ruck Perch Battery is to be laid
to morrow morning by Peter Bourne, Esq. the Chief Magistrate.
It is not generally known that Liverpool is wholly defenceless a
even during the last war there were only four paltry forts for its de.
fence, two of which were situated on the piers of the Queen's sod
George's Docks, a third on the spot now occupied by the north)
end of the Prince's Dock, and the fourth on the 4te of the bat.
tery now erecting on the north shore. The formidable sittd-binska,
however, which stretch far nut to sea from the mouth of the Mee-.
sey, render approach to it extremely perilous, unless the vessels and
guided by skilful and experienced pilots. Still it is not right that
the second sea-port in the kingdom should depend for its defame
' wholly on the obstructions which nature has placed at the entrance
to its harbour. These natural obstructions, formidable as they un-
questionably are. are not so formidable as to deter seamen, Whcr
have frequented the port for many years, from running their ships
into it without the assistance of a pilot; and what one seamen had
done, another, and a foreign one too, may imitate.
But the erection of a fort for the defence of the port is not the
only object which the projector had in view when the battery at
the Rock Perch was planned. An object of higher importance
than mere defence in a period of war was at the same time contem-
plated, namely, the erection of a Light-house on one angle of the
building. %% hilst the fort will protect the harbour from the attack
of an enemy's flotilla, the light-house will serve to guide the marl.
nor into his desired haven in safety. At present it is a rare occur.
rence for a vessel to enter the river in the night-time. It is never
attempted but during moonlight, and when the wind and tide are
both favourable. The reason is obvious. The usual sea-marks
are invisible in the darkness, and it would be madness to attempt
to run in without seeing them. But, erect a light-house on the
Rock Perch, and a strong and brilliant light would, in clan:
weather, be rococo reflected down the Rock Channel, by the aid of
which vessels might be piloted into the port in the night time,
even when the moon was not shining. The value of such a build-
ing must be obvious even to the unprofessional reader. At present
vessels are frequently exported to the risk of shipwreck, when, ay.
riving off the kloating-light too late in the tide, they are compelled
to anchor among the banks until the next day. Others, again,
which could run in, were the passage safe, are compelled to 11.40,
and to await the return of day-light before they approach the
bank.
The fort and light-house will, when they shall have been erected,
be favourite places of resort. The land in the neighbourhood will
be increased in value; and, to crown the 'hole, an elegant hotel
will, it is expected, be erected in the immediate vicinity adds
pleasing station.