The British Press; or, Morning Literary Advertiser.
London, England, 1824-05-19 00:00:00

FROM LLOYD'S LIST.

FALMOUTH, MAY 16.--Arrived his 3lesty's ship Grasshop.
per, from Plymouth. Sailed the Louisa, Robertson, for Peters-
burgh.
PLYMOUTH, MAY 18.—Arrived the Wanderer, Dixon, from
Hamburgh.
POILTIMOUTM, MAY 17.—Arrived L'Aigle. Starbuck, from
the South Seas and Rio Janeiro : she has on 'board the King and
Queen of the Sandwich Isles, and several Chiefs, come to England
to pay a visit to his Majesty George IV. Also arrived the l'igi-
last, Fox, fmm Cadiz; Zephyrus, Wilkie, front Carthagena;
Exmouth, Owen, from the Downs for Bengal; and Princess Royal
transport, from London.
HASTIXOS, MAY 17—Three French frigates passed here this
day, from Brest for St. Petersburgh, viz. the Kmg of Arethusa,
La Guerre, and La Peime.
Dovnn, MAT 17—Arrived the Monarch, Haywood, from
Galin, with the corpse of the late Duchess of Devonshire on
oard.

Max 17.—Three large frigates are passing this after.
noon, at the back of the Goodwin Sands, steering eastward ; no
colours shown. Passed through the following outward-bound yes.
seta, via. Marquis of Anglesea, Henry Cox, Ark, Triton, Colville.
Criterion, Thetis, Zephyr, Calypso, Speedy, Elizabeth, Brunswick,
Orwell, Naples packet, Nestor, and Vigilant. Remain the lady
Raffles, for India; Ilan Romney, Woodpark, Catherine, Thomas,'
and Earl Talbot. Of Dover, the Agile, —, from Havannah ;
and Wilhelmins, —, from Surinam.
. . .

GRAV ESE ND, MAY 17.—Arrived the Provident's, Agra's, and
Scotia, Liddle, from Norway; and Mary, Iludson, from blemeL
Sailed the Britannia, Evans, for St. Kitts; Abeona, Bluskaller,
for Newfoundland ; Britannia, Edmond, for Ilamburgh ; Eddy-
stone, Dale, for Prince Edward's Island ; and Louisa, Baran,
for Lnger:tie.

The Unity, Drysdale, from Alloa to Loudon, was totally wrecked
near Cromer on Saturday; crew saved.
The Royal Charlotte, extra Indianian, arrived at Portsmouth on
Thursday from Bombay and St. Helena; she left the former place
its January last.
The Prince Royal, Clowes, from Liverpool to Malta, was chased
off Sardinia by a suspicious schooner, but going at the rate of 10i
knots per hour, outsailed her, and the schooner stood in for the
Barbary coast. The Prince Royal was only It days from England
to Malta.

1 he Charles, Joy, arrived in the Channel from New Bedford,
spoke on the 2d inst. in lat. 44. long. 211. the Medea'. of London,
under a foresail, having lust her main and waren masts in a gale
on the 28th ult.

THE ARMY.

The second division of the Glst (South Gloucestershire) regiment
of foot has armed at Cork from Plymouth.
The 71st (Highland Light Infantry) regiment has arrived at
Cork from k errnor. The first division of that corps embarked at
Cork on the 13th instant, on board die Indian Trader transport,
for Halifax.

. .
The second dim= of the 94th regiment of infantry will embark
forthwith at Greenock for Gibraltar.

The second division of the 34th (or Cumberland) regiment of
foot will embark in the course of a day or two at Portaruoteli, for
Dublin.

Admiral Sir Isaac Coffin has been granted a patent for
an invention to catch mackerel ; a drawing of the ma-
chinery and specification is at the office of the Mayor of
Limerick, for the inspection of fishermen.—Cork Southern
Reporter.
SHOCKING ACClDENT.—Yesterday morning, about ten
o'clock, a fine young man, of the name of Dever, son of Mr
Gearge Dever, of the Slinories, was parsing through Newington
Butts, on a high-spirited horse, when the animal taking sudden
Night, reued and plunged so violently as to precipitate his rider
into the road upon his head, by which his skull was fractured. lie
was • y earrerycd into Mr. tides, sinter, at Newing-
ton, who rendered every assistance that could be given, and who
accompanied the unfortunate Gentleman to Job's ward, lluy's Has.
pita!, where he remains in a hopeless state.

FATAL Arrasy.—On Friday se'nnisht, a young man of
the name of Kinmont was killed in the vicinity of Dunning, under
the following circumstances:—The deceased and another man were
conveying away a Mend, who had been on a visit, and, on_ passing
a field where a Mr. Mailler, a fanner, was ploughing, Kinmont
went aside to the latter, and provoked a conversation tending to
irritate, upon which ,3lailler desired him to go away. The deceased
still persisting, a violent scuffle ensued, of very doubtful issue, till
M miller, having regained his feet, lifted a stone, which he threw at
Kinmont, and struck him on the bead, near the ear; the latter fell
down senseless, and was conveyed to the nearest house, where he
expired in about two Imam. 'Radler has been taken into custody,
and lodged in the gaol of Perth. It is said the deceased was much
intoxicated —Edinbmrgh Paper.
At ARMING FIRE AV KICIIMOND BARIIACRR.—YeitEE-
day, about two o'clock, a fire. of a most dangerous and alarming
nature, was discovered at the Richmond Barracks. The Commis.
nary engines RCM alone for some time endeavouring to extinguish
It. The engines of the different Dublin Insurance Companies ware
speedily in attendance. At seven o'clock the fire was got under,
after great rtertionso but as the flames rapidly spread, using to the
high wind, not before the Quartcr.Master General's store, where''
the fire originated, together with one of the wings of the building, ,
containing accommodation for 800 or 1.000 men, were completely
destroyeL The Commander-in-Chief and many officers of rank I
were ou the spot, u*ng every exertion to arrest the dtstructite
clement.—Dublin Errning Post of Saturday.
One evening lately, as the servants of a farmer near (7411- •
rots were servo! with their usual allowance of milk, one of them,
• young man, after taking a mouthful or two out of a jug, in •
which he had received his portion, thought that it tasted strangely,
when tasting it a second time, he observed it change to a yellowish •
colour. Ile then showed it to his master, who caused an inquiry to •
he made into its contents, when it was ascertained that the milk
contained some poisonous matter. Suspicion has been curbed to
a servant girl woo has since absconded ; and some altercation with •
a sweetheart or the girl is sampled as the cause of the rash at.'
tempt. It is fortunate that the lad escaped with only a slight bead.
ache fora day or two.—Ertialtorgli (Aar vet-.

LAW 12VTELLIGENCIr.

COURT OF CHANCERY, TUESDAY, MAY IL

JUDO3I ENT.

IN TILE NATTER OF SMITH, A SOLICITOR, STRUCK QFT

THE ROLL.
The Loon Cut xcerion, having taken his seat on the bench,
said, that in the MSC of Mr. Smith, a solicitor, who had been
struck off the roil by the Court of King's Bench, for subornation
of forgery, he did not know whether Mr. Hart (the Counsel fur Mr.
Sniith j had seen the affidavits sworn against Mr. Smith, and the
sworn oontradiction of them by Mr. Smith. His Lordship was
convinced., by his 'scrotal of these doeumehts, that the Court of
King's Bench did not bring their investigation of this cause to a
conclusion, in the light and superficial manner which had been stated
on the part of Mr. smith. It was submitted to the consideration of
3lr. Justice Bayley, of that Court, after the Muster had made his
report, and after the Court had come to their decision. The affi-
davits were laid before that Learned Judge, affidavits containing
direct contradictions to each other, and of course very gross perjury ;
Mr. Justice Bayley considered those affidavits, and delivered his
conviction that the Court of King's Bench could have done no
more nor less in the affair than it had done. His Lordship (the
Chancellor) felt himself bound to state this, as the character of the
Court of King's Bench was in some degreeinvolved in the ultimate
decision of the question. There was one most important fact al-
legcd against Mr. Smith, and not contradicted by him—viz. that
Ho hauler was absent front the town of Nottingham on the day (the
Bth of May) on which his name appeared to have been signed in
Nottingham to the bail bonds prepared by Mr. Smith ; it was fur.
they alleged, that lie did not morn Ito Nottingham till the 9th, the
day after that on which he was represented to have been in that
town. If that allegation of the absence of %Vheasley could be con-
tradicted, his Lordship should be very glad to see it contradicted by
an affidavit. Ilia Lordship regretted to see it in the adventeaffi-
davit& There was another fact which his Lordship saw with sur-
prise—ntsy, with astonishment. and that was, that Mr. Smith re-
tainal in his employment such a character as he bad described and
sworn this Il'heatley to he; his Lordship considered this as great
an offence in .11r. Smith, as that for which he had been turned out
of the profession by the Court of King's Bench, and one for which
his Lordship't Court would have considered him tit to be struck off'
the rolls. On every consideration which his Lordship had given to
it, even on the point of humatity, his Lordship's impression was,
that it was impossible to conic us any other conclusion than had
already been come to by the Court of King's Bench. His Lord-
ship
regretted to he obliged to say that the affidavits of either side
contained the grossest perjury he had ever seen ; he wished Mr. S.
would contradict the a&gatiun of the absence of Wheatley from
Nottingham. His Lordship was determined that the fact should
be tried by a Jury, and the offending party might expect to receive
the severest punishment.
Mr. Smith said lie should certainly contradict the allegation by
affidavit. . .

Mr. HORNE. the Counsel advmse to Mr. Smith, expected that
the afiidavit shouts be submitted to Ins inspection before It may be
laid before his Lordship.

COURT OF KING'S BENCH, TUZSDAY, MAY 18.

Their Lordships sat is beset), to hear arguments upon special
cases.

MORGAN v. PARE.

--...... .....__.
This was an action of tissumpsit, tried at the last Lent Assizes,
and a 'cutlet was found for the plaintiff for 4s , subject to a special
case. Several points were raised, but the only point really in issue
was, whether the plaintiff; a publican in (heat Yarmouth, was
bound to pay a fee of 4s. to the defendant, Mayor of (heat 'Ver-
mouth, on renewing the plaintiff's licence.
Mr. Rorrr. argued for the plaintiff; that the statute of Edward
VI. which authorised certain fees upon recognizance' entered into
by publicans, did not authorise this fee; and that immemorial usage
could not be 'dewiest where the origin is clearly within memory. It
was to be contended on the other aide, that the plaintiff had cot given
due notice of his bringing this action, and that he had paid in his
own wrong. To this he answered, that no notice was required, fur-
ther than in cases of money had and received. As to the payment
in his own wrong, it ought to be recollected that the plaintiff was
in a sort of duress; for it he did not pay, he could not have his li-
cence.

Mr. Justice BaeLEY—ls there not another ground--that a ma-
gistrate must act for the public good, and cannot make the payment
of a fee the condition of • licence ? _

Mr. Rorsz—Yes, he had thought of that argument. If a li-
cence was refused on the ground of not receiving a fee, it would be
indictable, and was in fact corruption.
Mr. DOVER argued for the defendant, and in reference to the',
last point suggested by one of their Lordships, he would take this
defensive position. If the defendant took the fee as a justice of
the peace, he was entitled to notice in terms of the statute of
George 11.
The Loan Cuter T rtIT IC E—There is a case against you on
that point, where it was held that that statute applied only to acts
done in the characterofjustice of the peace, and not to receiving
RICIORy.
Mr. DOVER proceeded to argue that the fee was supported by
immemorial usage, that it was recognised by Act of Parliament,
and that it was for a reasonable consideration.

The 1.01113 Cu irr JUSTICE, on the first of these points, said it
was impossible there could be immemorial usage in a matter which
originated within memory, licences being not older than the bth and
6th of Edward VT

Alr. DOVER inbmitted that this usage of taking a fee for au-
thorising the keeping of an ale-house within the immemorial
borough of Great 1 annouth, might be presumed to be immemo-
rial. There was evidence given of usage for SS years, and no evi-
dence had been offered on the other side to rebut it.

The boar) Cutzr JUSTICE said that was since the Aet of Ed-
ward VI.

AIL DOVER went on to his second point, viz., that the fee was
recognised by Act of Psrliament. The Act transferring the au-
thorny of two bailiffs to a mayor—reserved all fees usually paid.
But he relied still more on the reasonable consideration. It was
like giving liberty to exercise any trade in a borough. In the city
of !.anion ale-tees were paid to the Lady Itlayoress. It was not
qua Justice of Peace, but qua Mayor, that the defendant claimed
the fee. Ile then contended that the plaintiff could not recover
hack his money, even if it ought not to have been required. It
was a voluntary payment, and made more than once without any
protest. Ignorance of law could not be pleaded as ground of
action to recover._

.....
The LORD CHIEF JUSTlCE—lgnorance of a local cu4tom
may be very different from the ignorance of the public law of the
land. _ _

Alr. Dovxa referral to a ease in which it was held that money
paid for standings in a market could not be recovered. The
Mayor had only done what he conceived his duty. It had been
the practice of his predecessors, and he could not abandon it
without compromising, as he conceived, the rights of the bo-
rough.
The LORD en lEF JUSTICE was of opinion that the plaintiff
must recover. It could not be presumed that there could be an
immemorial usage of taking a fee for licences which were not re-
quired before the tune of Edward VI. If in the particular borough
the common law was restrained before Edward VI. he would not
say whether that usage would be legal or not, but it must be
established by different evidence from that in this case. No no-
tice was necessary, far the fee was not taken in execution of his
office as Justice of Peace. With respect to voluntary payment
not being recoverable bad been extremely well argued by 3lr.
Dover ; but to make the objection good, the parties mug have
been on equal terms, which was the fact in all the cases referred
to, but that was not the fact in this case.

'Mr. Justice BAYLEY was ofthe same opinion, for the same
reason*, and for the additional reason, that it was contrary to the
principles of public policy that a magistrate, granting
a licence,
ought not to be even exposed to the bias el any fee.
Mr. Justice llot.novo thought that if the bnmemoriaßusage in
this borough were proved, the considerations mentioned by his
brother Bayley would very materially apply to the legality of that
usage.
Mr. Justice LITTLEDALE was of opinion that the defendant,
acting, as a public officer, could not exact a tee for performing a
public duty. It could only be claimed on the plea of prescrip-
tion, or of an Act of Parliament. 'that pie.' entirely failed in
thin cote. Notice was not necessary in this case, as the taking
of a fee could not be held as a judicial art. Neither was the
payment voluntary, since there was a sort of threat depending on
hue refusal, and the plaintiff must be held to be in duress.
Postal for die plaintiff.
VierVitri OF sunrms. •
__ • -

Ills 111amty's warrant was then read, audtoruung any two or
more Judges to sit at beigeanes•lnn, or nny other place. on Tues-
day, the Ist of June, until Saturday, the Sat June, and again on
edeaday, the lhh of June, until the eantneucement of Trinity
Term, fur the despatch of such buhincsa u may remain undisposed
of in the present Term.