The British Press; or, Morning Literary Advertiser.
London, England, 1825-03-09 00:00:00

NORTHERN CIRCUIT.

LANCASHIRE ASSIZES,
____

ASTER, MARCH 6.

On Saturday evening, a little before eight o'clock, the Judges
(BAYLEY and HOLROTD) arrived at this place, when the former
opened the Commission in the usual manner. On Sunday they,
proceeded to St. Mary's Church, attended by the High Sheriff,
John Hargreaves, Esq. of Ormerod House. where a sermon was
pram:ba by the Rev. Mr. Ratcliffe, of Walton, from the 10th
ull dapter of Hebrews. verse FL
There are 59 prisoners for trial, and the calendar contains a few
serious offences, but only one for murder.
Both the Judge; will be occupied to-morrow in the trials of
criminals oily, vailer. Mr. Justice Bayley will charge tne Grand
Jury.
On Tuesday Mr. Justice Holroyd will preside at Nisi Prins.
At present there are about 100 causes entered, several of which,
we understand, are of an interesting nature.

Tun HIGH TIAILTFF OF THE BOROUGH.—john Holmes,
Xeq the new High Bailiff, has commenced his office with great
serf. In consequence of an intimation from the Recorder he at.
tended on Monday at the Borough Court of Record, and giving di.
ractions for the attendance of the Flesh-tasters (an ancient office in
this borough), who, it appeared, were not at all aware of the extent
of their powers and duties, read to them the oath they had taken,
vix. :—" To observe the flesh-market that there be no unwholesome
tiesh sold or exposed to sale ; and if any offend therein to present
teem that they may be punished." The High Bailiff impressed
upon these officers that it was their imperative duty to attend strictly
tti the performance of the oath they had taken as to this particular,
and that tl.ey were themselves liable to be fined for any wilful
neglect of this duty. Ha also intimated his intention of assembling
the beet Jury oftener than heretofore, in order that a more
frequent examination should be had as to the weights, scales, and
measures used by the shopkeepers, some of whom had been detected
and fined for keeping two descriptions of weights, the one beery,
by which they bought articles, and the other light, to use in sell-
log to their custotners. It was the duty of the Lea Jury, he said,
to present all persons so offending, not only that they might be in-
dicted, but that by the advertising of their names in the News.
papers, the public might be put upon their guard against such ycr.
Fens and their fraudulent practices. On quilting the Court of Re.
ant, the High Barlif paid a visit to the Borough Compter, and
observing the number of persons confined therein for small debts,
many of them with large families, gave dirxtions to Mr. Law, the
-keeper, to liberate all those who had children, placing et the same
time in his hands a slim of money sufficient for that pofpoae.
POACHINO.—Three poachers, each armed with a gun,
were destroying game in lord Crewe's plantations, very near the
Rill, on the night of Sunday week. The keepers, with assistants,
pro-eedsd to take them, when, after a shun fight, two were se-
cured, the other, having knocked down two men, got away. An
unlucky accident occurred in the scuffle one of the keepers, by I
misstate, discharged has piece at a Mal, one of his own party, the
recut:hi of which lodged in the poor fellow's thigh.--The men are
to Cheers gaols three pheasants, several hares, and
fare Cheers.
were found on them.
fat tritlay last, James Potts, Thomas Williamson,
Samuel Kemp Haliworth. and John Arnold, sat in the stocks at
Luiioekami•hy during FIX hours, for appearing drunk in the street
no. Sunday the 26th of Dectrriblr. 71,a worthy klagistrate had
sneered them to pay se. each, but this tney refusal to do, pre-
ferring to be modes public example of in this manner than to obey
Lis decision. The novelty of the sentence collected together a large
cvaegisrse of persons to natness it.
About It o'clock on the night cf Friday last, whi!e the
master of a sloop, then lying at the Beoendelari, was going on
bee* in comptiny with a woman, being both intoxicated, they fill
into the Clyde. The master was got out apparently dead, and
sasses/ to the house of Mr. Miller, Depute Harbour Master, where
the .dal mans for restoring animation happiiy succeeded. There
is rest en to believe that the unfortence woman was drTwned. Jt
issaid that she had rerpectahle friends.-6Lcbovi Paper.

LAM P —A patent has lately
for a most ingeni )us aril useful
and permanent light. The polo.
philosophical insti-ooment has conslierabli
mbinstior, which is beautifully ananged,
sulphuoic acid from the moisture of the
• the escape or evaporation of alcohol,
livery in this machine, and which is
chemical peroan. The specilics.
contained 00. a anitil metal hoe, five
it is divided longitudinally; one of
lamp, filio..d with .pipits of wine, or oil,
wick rises; toe other contains the sowe-
r which are, ji reel or revolving match ca,
pull y with a silk stung, which may he
,ottle half filled with pure sulphuric acid.
stopper, and • bos: of rnatthes Farwell
with the wd4knowu compositioo of oar roiurnate of potasi:. TM
ingialias being placiii in the reed, bear againat the stopper, which
nosoessilleg by meat., of the pulley or the band at pleasure, gives a
maul drip to ignite the match, which pasateg to the wick iostantly
asp 1,4111 to the lamp. A close COW! as ties maimed, which will
tee airy hears, at • willing eapeese.

.-

pirnmwmpT•iv!Frierp

LAW INTELLIGENCE.
COURT OF CHANCERY, TuzsDAY,Antis 8.
.7031C1 e. CIESIDA.--W4llO OF COURT.
This was an application to commit the defendant to the custody
I of the ll'arden of the Fleet Prison, for a contempt of Court, for
having married a young I.mdy without permission, and against the
consent or her guardians. The young !Joey, on coming of age,
will bit entitled to a fortune of nearly 8000/. and the defendant is
also entitled to considerable property. An attachment had been
formed between the young persons nearly two years since, hut the
friends being unwilling that the 'mica should take plate, they at
last resolved to elope, which they did, and went to Scotland, where
they were married. Their present residence did not appear to be
known, and under the circumstances it was thought liettn, in t4e
first instance, to order their attendance on the Lord Chancellor,
before the issuing of the order of committal.

SHEPHERD T. HOUGHTON.
In this ease s question arcse with respect to the payment or a
legacy duty. Ills Lordship felt considerably inclined to doubt that
the oninion which had been expressed is right; the Master of the
Rolls, however, Is generally so accurate on such questions. that
his Li rdship will take an opportunity of asking him the grounds
on which he decided this case, and it is ordered to be in the paper
again to-morrow. His Lordship at present was of opinion that
it should be paid in the way in which the Stamp f3fEce thought it
was payable.
RXTARTIT LATHAM, IN THE HATTER OT LATHAM AND
TARRY.
His Loartextp has not only been looking into the petition pre-
sented for Mr. batham's certificate under the new Act of Paris..
ment. but into the papers in the petition which had been pre.
sented in this matter before, with a view to dispose of the whole,
which his Lordship will not be able to accomplish till Friday
morning.
INSOLVENT DEBTORS' COURT, TtrzsDAY, MARCH 8.

Thomas Stock was brought up on his petition to be discharged.
On reference to the schedule, &c., it appeared that the insolvent
was described as follows :—" Thomas Stock, late of Bermondsey-
serest, Surrey, Gratitman"—itod it also appeared that the silver-
tisetnent and notices served on the, creditors contained the same
description.
Cure COMMISSTOWER—Who that vs. the advertisement in
the Caizette could by possibility surpose that the said Thomas
Stock, described as a gentleman, should be nothing more than •
poor broken down woo:-stapler ?
ATTORNIT—IIC Carrie/ on no business.
CHIEF. Cosisriestortwa —And you think that a sufficient rea.
son for styling him to be a gentleman ! why not describe him as a
labourer ?
Insolvent-1 have not laboured for these two years.
CoußT—Then designate him as • yeoman every person having
a penny in his pocket is now called a gentleman—howe►er, the poor
old man may be discharged.
NOVEL CASE.
Edwin Bown, late of Matlock, Derbyshire, spat-manufacturer.
was opposed by J. Gilbert, Esq. on a debt of 101. and costs 1401.
The Chief Commissioner wished to be informed by the opposing
creditor the nature of the objection he had to the insolvent's dis-
charge. The reply was, that it was on account of an injury lie
(Mr. G.) had sustained by an unwarrantable trespass committed
by him upon his demesne at Matlock aforesaid. The declaration
in the action was read, and owing t 3 the serious charges therein
contained, a long and interesting discussion took place as to whe-
ther this case came within the purview and meaning of the Act of
Parliament.
Among other things the pleadings set forth that the insolvent
went into a certain field and cut down several hundred trees, shrubs,
Sowers, &e. and committed dicers other dilapidation' on the pre-
mises of Mr. Gilbert, the plaintiff in the action, and the present
opponent, who now submitted that the present was a case of great
aggravation.

After referring to the Accof Parliament, the CHIT? COMMIS-
SIONER said, that he wu not vested with authority to remand an
insolvent unless he had committed an offence within the meaning
of the Act by which the decisions of the Court were governed.
The points for consideration appeared to resolve themselves into
two; lat. Had the insolvent done a malicious injury ? and 2dly,
Had he set up a vexatious defence to the action brought against
him for such injury, provided it had been wilful and malicious ?
It was impossible for him (the Chief Commissioner) to sit there
judicially, and strain the meaning of the words in the Act of Par-
liament.
Mr. PoLLocu—Sir, there is no malice alleged in the plea, and
if the Court had any doubts on the case, he (Mr. P.) would like to
discuss its merits. The Learned Counsel then referred to a cue
of dilapidation, which was heard in that Court before Mr. Ser-
geant Hunnington—it was a case where Sir William Manners,
Bart., oprost d an insolvent, for dilapidating and tearing up
the floor of barns, &.c. The Itith section of the Act referred to
seduction of the plaintiff's Daughter, and Crim. Con. with his
wife.

Col:it—Yes, and ft also refers to malicious injuries and ma-
licious prosecutions--the question fin us to consider is, what parti-
cular injury is intended by the words " malicious injury."
Mr. Poxtocx proceeded—This was a case where the insolvent
and others were mining, and he would cede the point that they
were trespassing at the time, by having exceeded the bounds of
propriety, though not the limits of their employer's orders. He
(Mr. P.) considered that an injury became malicious when it was
performed without any colour of right, and so it was held, he be-
limed, in Sir Wm. Manners' cam.
The Coital* inquired whether judgment had been obtained in
the action " Gilbert v. Bown ?"
Mr. Pot.Locx replied that it had, and the costa were texts at
133/.—(the case was tried before Lord Chief Justice Best, and
lasted half • day).
The COVRT then remarked on those kinds of malicious injuries
which referred to maiming cattle, &c. where malice was proved to
exist from the perpetrators against the proprietor of such cattle.
Mr. Pot.Locx said, he was aware of the dilute to which the
Court referred ; but it could not be alleged that the insolvent and
his party had malice against the trees and shrubs of the complain.
ant. He (Mr. P.) was aware, that if a man went into the street
with a loaded pistol, and discharged it, the act wsa deemed in law
a malicious injury against all mankind ; but if a msn goes into a
geld and cuts down a tree. &c. &e., the owner of which he did not
know, that would not be a malicious injury—such would not be a
case when the law would assume malice. _

The Cuter Coustissiox E R said, as this was the first time a
case of this kind bad come before him, it appeared to require ma-
ture considerat,on ; he would hear the case, but deter giving his
judgment upon it.
Mr. Pottecit spin reminded the Court that the malice was
alleged, and that on some occasions there might be trespasses
under the assumption of right. As the thing stood nt present, it
was a mere action of trespass under the mining laws. lie considered
that. in order to bring the case under the 18th section, previous
mai:census. be made apparent to bare existed in the mind of the
Insolvent.

Mr. Gilbert said, that *ben Mr. Ctiumissioner Bowen was on
the Circuit at Derby, he remanded an insolvent similarly circum-
stanced ? and as tlr. Pollock bed cited a ca.o which occurred in the
Court above, he(Mr. Gilbert) submitted, that he had an equal tight
to refer the eourt to that decision. . . . .

The Cusur Commiestownt wished to know whether the in-
formant was in Court at the investigation to which he had
alluded. But, in order to be rightly informed, the Court ordered
the schedule of Tomlinson to be fetched from the office; by which
it appeared that Mr. Commissioner Bowen remanded the party for
three months, under the 16th section, and not under that (the 18th)
which they had been discussing.
,Ir. Gilbert was then sworn—The witness stated, that on
sundry occasions he saw the insolvent at work (mining) on his
premises—be saw the i'teolvent cutting a tree with an axe (but
the witness denied this in his cross-examination). He proceeded
to complain of the irreparable injury he had sustained, and sub-
mlited to the Court that the insolvent's application ought to be
resisted.
The insolvent was afterwards examined. He stated, that the
overseer of the yi armote Court, which is established by the Duchy
of Lancaster, had been sent fur by Mr. Gilbert; and that gentle.
man, who is overseer of the mining district, said they were not
acting illegally, but according to established usage.
After a lengthened discussion, dating which the Court had
great difficulty in restraining the irritable helings of the com-
plainant,
The Come COMMIISHOWZR ordered theease to stand adjourned
until Monday, the 21st Met— when the matter should undergo a
fell discuasiou; and in the meantime the section of the Act might
be considered.

POLICE.

•
re4.811,F-ILLU11111,1•TTNO
beet *Wined by Mr. H. Berry f.
lilac/Oho-Mr protiaciag immediate
cip:a Ortbia compact and pliilmopi
nerebtir„r.ot only in it+ etanbinitio
bet le the mode of securing sulpha
airworikbere, and pro:notify the e
whirA i a Most raluable ersooreri
apY:)'"eabie to a variety of other chi
thee 41teetribes the apparatus u CO/1
long end three wide ; it is
We Onieloos cott,inr the lamp, 6
fna •rtiici. an asbrstos wick rims
use. the principal parts K which ar
nage. with three points, a pully w
extended any length, a bottle hall
in whit dire& conical Mapper, II

iii,