The British Press; or, Morning Literary Advertiser.
London, England, 1804-11-17 00:00:00

MTELLIGENCE.

OtTRT OF KING BENC;I, Westmtwsrew, 4,e. 15.
The Court was occupied until after 1 o'clock
this day, in qualifying bail ; we do nut remember
for many years past so great a numiier of perms
qualifying : 25001. was the Ltrge;t debt in the list.
After this the Court went into law arguments,
which occupied the greater part of Merest oftheday.

PI t“,4IA %I v. SEI.III.E.
This was a case cinder the late Act of Parliament,
for indernuifying persons whose lands and premises
should he taken for the public service and exigencies
of the state.
The Plaintiff, the Rcv. Richard Bingham, via:
possessed of certain lands and premises near Gus-
port, which he held under lease from the Bishop
of Winchester. Those premises were Atte, wards
given up ro an officer of tha Board of Ordnance for
the public service, pursuant to the. Aft, of Par-
liament.
An inquisition was held, and the Jury awarded a
sum of 47 sol. to the Plaintiff for a certain part of
the lands, and a further sum of Idol. for another
part, which he held as incumbent of the parish, and
on which a house had been erected, for the use of
the incumbent. The verdia was certified to the
Defend Int (who was Receiver General), and win
according to the Ad, was to pay the amount of such
verdia. This he refused to do, upon the ground
that the assessment of the damages was excessive.
An anion was tried between the parties in the Couit
of King's Bench, Westminster, the Sittings after
last term, and a verdict obtained for the Plimtiff,
sub jea to a point of law. •
The question before the Court for their considera-
tion was, whether the Plaintiff was entitled to re-
cover full compensation or not ?
On the part of the Plaintiff, Mr. So ewer, in a
most learned argument, contended, that, under the
Aft of Parliament, 'the Plaintiff had a right to re-
cover full compensation. The aft .was passed to!
the express purpose of indemnifying persons whose
lands were taken for the public service; Juries were
to give such compensations as. they should think
proper; and, upon a certificate of the verdia, the
Receiver General WAS bound to pay the amount, on
demand. There were, in this case, but two princi-
ple; upon which objeftions could be founded ; the
one, that the issuing the warrant was irregular,
which was not disputed; and the other, that the
Jury had done something by their verdict, which
they ought not to have done. This latter roust ap-
pear on the face of the verdict ; .and, unless a ma-
nifest want of jurisdiction appeared, that verdi 2 must
be conclusive against the Receiver General..
There were three objections taken on the part of
the Defendant.
Ist, That a gross sum could not be a compensa-
tion for a temporary possession, of an uncertain
duration.
Cd, That the proper parties were not before the
Court ; and
3d, That it did not appear, on the face of the in-
quisition, wirat interest the public took in the pre-
mises, on which the atiard was made.
All which propositions Mr. Sr a RaiT most ably
argued against.
M. G4ZIEL&F, on the part of the Defendant, con-
tended, that the only way in which the provisions of
the aft could have been complied with, was assess-
ing an annual rent, and not by giving a gross sum
as compensation. I-k then cited several clauses in
this and other ads, in order to shcw, thai it was not
the intention of the Legislature, that Government
should take any tenure of this description, for a per-
petuity ; but that it was meant by the ea, that an
annual compensation only should be paid for .the
land, so long as the exigency of the state might re-
quire the use of it. He further contended, that the
Jury should have taken into their consideration, the
interest of the Bishop of Winchester, from %%hum
Dr. Bingham held the premises.
This being a case of very great importance, after
the Court had heard Mr: Scarcer in reply, the
further consideration of the question was postponed
fur aftnere day. •
HABEAS CORPUS.
Mr. ELM:4E applied for a hahea, corpus to bring
np rite body of Robert Douglass, wholsad been im-
pressed, and was now on board llis Majesty's ship.
the Hero, against his own inclination.
This mutton was made on the grounds of Robert
Douglass being a freeholder, and 'messed of a
considerable landed property.
It appeared by the alhdavit, that Robert Douglass
had been a ship-carpenter, on board an Indiaman,
and that, previous to his being impressed, his uncle,
Thomas Douglass, died on the dth December,
1803, and, by his will, made Robert one of his Ex-
ecutors, and devised to him a considerable freehold
messtrage or tenement, situate at Shoreditch, in the
county of Middlesex. He then obsersed, that it
was a case well worth the consideration of the Court.
Lord ELL EN BOROUGH observed, that he had been
aelually in the sea service on board of a merchant-
man : at the time he was impressed, he could not
see what objeaion he could have to the King's ser-
vice, snore than to any other. If it had appeared
that he had fairly quitted the service, and resided
upon his freehold, it would have been another ques-
tion • but that did not appear, and the Court was
bound to refuse the application.
Mr. Guess applied for a Rule for 'an information
in the nature of a Qua Warrants against Henry Da-
vis, requiring him to shew cause why he claimid to
be a Burgess of the Boroug4 • j Caermarthe.. To
constitute a Burgess, he must be possessed of d tree-
hold of 31. per annum for tour years.
The affidavit stated, that at an assembly of the
Borough, in 1799, the Mayor and Recorder made
no scruple of receiving several persons of one patty,
without any scrutiny as to their freeholds, while they'
were very exalt with those of the opposite party.
At that time, the late Mr. John Ball, a very wealthy
matt, was Lord Lieutenant of the county, and had
five persons admitted, four of whom were his own
domestics, and the fifth the Rev. J. Lewis. who was
brother to his law agent. The affidavit further
stated upon belief, that the titles produced by these
person were merely fiaitiOJl ; and that Mr. Ball
aCtitally received the rents of the premises. out of
which they claimed to derive their title. Informa-
tions had been preferred against three of them, who
had suffered judgment by default.
Lord ELIAMBuiLOUGH said, it was suspicions;
but r.. .a more than suspicious. The of did not

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