The British Press; or, Morning Literary Advertiser.
London, England, 1807-01-29 00:00:00

COURT OF Cil A NCERY...-JAN. 28.

Er-parse THE SURREY GRAND CANAL COMPANY.
This was an apelicanon made by the Surrey
Canal Cnmpany, for permission to pay into Court
5.i01., the purchase-money adjudged by a Jury as
qeivalent to the interest which several persons pits-
seised in an *pen common, through which the
Company thought necessary to carry their canal.
'I his was resisted by Couesel on she pert of the
Lord Archbishop of Canterbury, who is Lord of the
Manor, and also on tie* part of ;he persons possessed
of the right of commonage, on these, different
grounds : I st, That the condition expressed in the
A•A of the 41st of the King, had never been com-
plied with, stating, that each of the persons seized
of any right, or interested in any portion of ground,
found necessary to be broken up fur such naviga-
tion, should he separately dilated to attend the sit-
ting of the Jury on the valuation of their interest in
the said portion or land. 2dly, That a special pro-
vision in that Aft would be, by breaking up this
land, violated ; which enieled, that wherever a road
or way crossed the intended cut of this canal,
the Aft granted no permission to break this road up.
To that Arguments, drawn from the provisions cf
the Mt itself, the Solicitor-General added another;
that should tire Surrey Greed Canal Compeny be
permitted to pity into Court the sum in question,
they would proceed of emerge to take possession,
and convert the land to whatever purposes they
thought fit ; while the Archbishop and Commoners
would never be able to draw one penny of this Wl-
cit.r-rated purchase-money from the Accountant-
General of Chancery ; because, from the smallness of
the sum, and the many claimants thereto, it would
be totally swallowed up by the expences necessarily
attendant on the ascertaining their respeelive claims
before the Masters in Chancery ; which claims, it
was almost impossible ever could be ascertained, as
the land had never yet been separated into lots,
proportioned to the Ripe of Commonage of each
individual, though an AR had some time ago
passed; Tee such a proportionate division.
The LORD' CHANCELLOR observed; With regret,
the. frequency of late AFts of Perhatneut, relative
to public purposes of defence, canals, and even
estates, encroaching on the Constitutional right of
property in the K Mee subjects ; and thought that
ail Ads, in the least en:roeching on this great prin-
ciple of right, should be censtrned as strictly as
possible; sirce it was this assurance that the subjea's
property would not be encroaehed on, without the
most urgent necessity, that had hitherto made the
people bear, with such patience and fortitude, the
many grievous burthent, from time to time neces-
sarily laid on them. To proveathat this bad been incau-
tiously done, be would only remind them of the
decision of the King's Bench, on an action lately
brought by a person, whose house, garden, and
every other convenience o: comfort to his declining
years was levelled. to the ground, for the purpose
of erefling a fortification near Portsmouth ; yet the
Court, in pursuance of the A& made respecting the
Defence of the Coast, only adjudged him a trifling
annuity for t!:e time it remained in the possessrou
tit His slajesty's Forces, without gee itmg any
equivalent for the damage, nay, oonefile:e demo-
lition of his comfortable residence; this was a
growing evil, aid certainly should be prevented in
time. As for his part, he could endeavour to com-
bat it, by construing such Acts, in the widest sense,
whenever such construction would favour the sub-
jeer's sacred right of property. He had also to
Lament the rnisenievous and too prevalent custom
of late Acts, making the Chancery Court not only
th- Bank of contested property, but also requiring
the Court to dispsse of this property, in such a man-
ner as may be most productive to the real owner,
when slain: may be established. This practice, it
persisted in, would unavoidably throw SJ greet a
weight of business on the Court, that it could not
possibly attend to any other object. He then ob-
served, that from the seemingly doubtful nature of
some clauses in the Acts made relative to this
Canal, st would be his duty to revise them wite
attention ; till this cud be effected, lie would
reserve his opinion of the case in questioa.

COURT OF KINGS BENCH, %Vcsrmleserga, JAn. 23.

CONSTABLES ol.' THE NIGHT.
GENERAL CLAVIRING R. DEAN.

Mr. GA RROW, on the part of the DefenJant,
moved to set aside the Inquisition in this case, upon
the ground of excessive damages." The fats shortly
stated, were these :—The Plaintiff passing through
the Haymarket the night, happened to see a coach•
man, of the name of Caller, beating a woman, who
afterwards turned out to be his wile, in an unmer-
ciful manner ; he interfered, in oiler to prevent
misehiet, when the assailants suspended hostilities
against each other, and fell upon the General,
Who called the watch to his assistance, and
all the parties were brought to tl.e watch-house.
The General gave his charge against the Coach-
man, and the Litter returned the compliment, by
charging the General. The Defendant was the
Constable of the night, and that being only his
second night of acing in that capacity, he was al-
most wholly unacquainted with the duties of his
mice ; however, the charge being made on both
sides, and the Constable having no autbor:ty, either
to accept bail or discharge the Prisonisrs, General
Clavering had no alternative, and thereture prepared
to content himself with a seat at a very good fire,
provided by the parish ; but some persons belong-
ing to the watch-house (not the Defendant), in-
sisted he should not stay there, telling him that there
WAS a bed np stairs, if he choose to pay for it ; it no:,
he must go into the black•hole ; the former the Ge-
neral declined, and was ativalty thrust into a place,
only intended as :s receptacle for riotous and ill-con-
dueled persons, where he remained the whole of that
nigiit. The neat morning the parties went before
the Sitting Magistrate, at the Marlborough-street
Police•office, and the Coachman having made pre-
per corcessitias to the General, so far the business
ended. But. continued the Learned Counsel, the
rage of these parties was then turned against the
Defendant. as Constable of the night ; an a,:lion
was brought by General Clavering against him, and
upon en Inquisition taken before the Sheriff, the Jury
gave a Verdi: of 1001. Damages. He admitted
that the Plaintiff hid been treated in a most WIC-

• :.

feadeat perseoally ; he pleaded leirigaorinee of his
duty, and expressed a wish that the oush.ess should
be investigated, and some regulanoos adopted,
which would prevent and check in future such coe-
dit& ant suc:l impositions in watch houses. He had
no doubt that the General very properly meapt to
make an example of such peruses ; but so LIT'S! thi . •
Defendant was concerned, he was ready and willing
to make every atonement in his power to the G 1e
neral; he trusted the Curt would not see his Cr
dug in stmt a light, as in justify these heavy da-
mages, witch mutt inevitably be hisouin.. t
Mr. Justice LAWS LISCIS ObSetTed, that this was
by no means a slight offence ; turning a gontlematt
into a culprit, and cramming him into** hiatt-hole
for a who're nig:it. was not to Le patted over with a
slhtht puOihraent.
Mr. G•ILIOW replied, that he felt the olsserva-
lion the more strongly, having been onto in a simi-
lar predicament himself.
Lord EL tau SOROLP;I4 It may he a very large
sum.for him to pay, bin:a very tiiffing remuneration
fur a person of General Clavetiog's situation in life
to receive, for such an indignity, in being thru a into
a place only intended for common felons. I don't
know any sum that could soothe my feelings upon
inch an o:curreace. He should have tried the
mercy of the Plaintiff before he came irsio this
Court."
Mr. SC•IILITT, on the part of the Plaintiff, said,
that his client was ready to abide by any decision
their Lordships should make. One fart, bt.wever,
he begged leave to notice, which was, that a Gen-
tleman was in the watch-house at the time, who,
though a stranger to both parties, knew General
Clavering's person, told who be was, and offered to
become his bail, but this was rejeArd by the Offieer.
The rule was accordingly refused.
110RotIr.H ELECTIONS.
Mr. DA m Pica obtained a conditional rule for a
gnu T.:arranto against the Rev. John .1. Howell, call-
ing upon him to shew cause why he exercised the
privheges of a free burgess of the Borough of Bak-
al). By the Curter, it was necessary that a ma-
jority of the Burgesses should determine upon the ad-
mission and swearing of any person essitning a right
of freedom in that Borough. In the present case,
there were the. Mayor and five other Burgesses pre-
sent. Three of the Burgessses were against his ad-
mission, and the Mayor and the oher two were in
favour of it. The Learned Counsel hinted, that this
transa&ion took place in contemplation of some elec..
tianeering purposes.
FOREIGN COZY.
Tit( 11910 O. WY. PHILLTPI6
The Defendant, in this case, was brought up from
the Gaol of Werw:ek, in order to tender veil for his
enlargement, bein: charged with making csunterfeit
money, under the followinn ercutnetances
The Defendant was a tuntoti-maker, residing at
Birmi.,gharn. and upon the 14th of Deeembor het,
in consequence of information ',store Mr. W.lcocks,
a Magistrate of that place, the Police Officers re.
paired to the premises of the. Defendant, where they
found a large bag, with a comiderahle quantity of
counterfeit coin if the Ksng of Prussia. calied
graskint, some fiers'ied and VAMP unfinished, toge-
ther with a quantity of implements, dies. stamps, ice.
used in coiaing b use money ; some coccealed, some
half-fini.hed. and more in the rough sure, amount.
ing to several hucsdred pieces. In-consequence of .
waich, the Fri oner seas apprehended, and commit-
ted t.) take his u iii.
Mr. Guarato, for the Defendant, observed, that
this on'y amounted to a misdemeaaeur, and was,
there're, a bailable offen:e. He then said, that
his affid.vits gave a full a reason for the coin
lining found on the Defendant's premises; as he
stated, that a persm in the town owed him a
grudge, and had sworn to be revenged of him ;
one day, while he was from home, the wife of such
person (as sworn by his own servant,) came to his
work-shop, and left the bag, with the coin and the
implements in question ; as to that wh ch was con-
cealed, he who:ly denied any knowledge of it, and
could account for it no other way than that it must
have been there, before he took the premises.
Mr. GAR mow, for the Prosecution, said, that he
had sufficient cause to warrant the Court in not
permitting hail ; bat he should only then trouble .
their Lorddaips, in order to save time, by stating,
that he had ample 2111.1tiViti to shew that the per-
sons now carted at his hail, were totally insu.B:ieut.
Tree Court considered it a case of great suspicion,
and very fit far the investigation of a Jury.
The Defendant was accordingly remaadei.
At 2 o'clock, Lord Ecriessonouon sit at
Pries, when a few causes, of no public interest, were
disposed of.

•MI.

al C-1.0"

On Tuesday, C—, one of the print:pa
helpers in the King's Mews, was ordered to go with '
the horses, on the day frilowing, to meet His Me• •
jesty coming from Windsor. He replied, he could
not go. fear. Parker, the Principal Clerk of the
King's stables, sent for him, and insisted upon
knowing the cause ; he confessed that he had
pawned and sold all his litery, including his stars „
Clothes, alleging that he had peen compelled to do
so from not having sufficient to tumor t him. Mr. ,
Parker threatened to prnstcute him, and he went a'
avay. At two o'clock he was seen in Lis ,stables;
but not afterwards, until between nine and tea
o'clock yesterday morning, when he was fOIL1•1 iq ;
the hayloft, weltering in his blool, in consequence.' .
of hi, having cut his throat with a penknife. Life •
I still remained, and a surgeon was sent for, who said •
it was inicos.ible he could live; and, we understand.
he died about lour n'et.ck
mesmimoommisame
A Ere broke out a littlz before chie.o'clock !rester.
day taunting, in St. Margaret-street, Cavendish.. •
square, in the house of Mr. Son erre. a vender or •
mineral waters. "l :tie Armes spread tar the aeljoin. ' •
ing premises of Mr. M i,irgr;culttiral mole."
taint-maker, and upwards ot an hour items-"d be- • •
fore any mator conid ba procured, ester friar a •
patent pump in strop ot the latter. The Thor,"
where the firs broke out was completely destroyed,
and that of Mr. Mareorlsv coffered partially ; ai •
did also the premises of Mr. raotise, bricklayer, us
Castle-street. This ass the ezrem of the damage.
Another fire broke oat, about the same time. at
the house of Mr. Souris. in•Pitr street. Tottenharme
nowt-re:ad, wh4h destroyed the tater:or-