The British Press; or, Morning Literary Advertiser.
London, England, 1825-07-09 00:00:00

. PrPORT • . • •
OF Tun ST-H.I:CT COMMITTEE OF THE MICA OF,
LORDS ON THE z•TATL OF IRELAND.

That the Committee have proceeded, in obedience to the order*
of the 'louse, to examine melt persons as appeared best qualified
ito afford information upon the various points reapectlng the state of , Ireland, which tell within the scope of the inquiry they were di-
rected to pursue.
As the inquiry has been proceeding, they have thought it tlesirs
able to lay before the !loose the whole of the evidence. which Will
he accompanied with an Index, affording convenient means of re.
I &fence.
In the present advanced state of the Session they do not feel
, theittivices enabled to do more than to select, Iron) the mass of ins
formation which has bsen brought before then,. some nr the sub.
jeers to which it appear. to them to be atlviauble dint the attention
of liovernuieut and of Parliament should be more especially di-
reefed.
With respect to the civil disabilities of thi Roman Catholics, they
, have examined a considerable number of persons, or various proles.
Mons and .4:different stations in life, in order to afford to the House
all the information which it was in their power to collect ; but they
abstain from making any obsenations upon that evidence, because
they are persuaded that upon a sulkiect of such paramount impart-
lance. and connected with mod) great c institutional qtteations. it was
the intention of the !Inure that their duty should be confined to the
collection of information.

It is materiel likewise to observe, that little eritlence has been
taken upon the ^abject of educttion. This duty had already been
delegated to Commissioners, whose Report, which appears to the
Com rnittet to contain most valuable information upon the branch of
this subjtnt relating to the education of the poor, has lately been
presented In the !louse ; and they understand that the further in-
quiries of the rminnistioners.will be directed to other branches, and
will bring the whole under tffe view of the Uovernment and of Par-
li.unent.

The Committee have received a great body of evidence on the
• actual state of the relatione between landlord and tenant, and arc
of opinion that the whole of thnt most important subject is deters,-
: jog of the attentive consideration of Parliament. Amongst the
great evils existing in the present state of those relations are repre.
tented to be the minute subdivision of laid—the number of persons
who intervene between the head landlord and the immetliete occu-
pier.-the extreme difficulty of preventing the sub-letting of land_
and the power possessed by every intermediate landlord, Rs well as
the principal landlord, to ditorain upon the occupying meant. It
is for the aiedout of Parliament to consider whether ally and,,
what improvement in the law relating to these subjects may be
expedient or practicable. Many valtutble suggestions on these.
as well as other points respecting the relation,' between landlord
1 and tenant, will be found in the evidence. The Committee oh-
serve with satisfaction, that the increasing intelligence of !and.
lords is nnw endeavouring to apply a gradual remedy to the sub.
division of land ; and they cannot but entertain a confident ex-
! pectation that, for the mutual benefit of both landlord end tenant,
this remedy will be as extensively applied as the nature of exist-
ing, contracts, and the comfort and well-being of die people, will
permit.
The extent of the burden brought upon the country by the pre-
sent system of Grand Jury Presentments has long been a subject
of complaint. Various suggestions have been made tot the iin-
prvenient of thin system, and some of the abuses to which it was
liable have been partially eorredetl by the Legislature. It is stated,
however, that more is mill necestaty to he done ; that the mode of
deciding what works are to be undertaken. of regldeting the expel-
diture, and of passing the accounts, it still in many respects in,.
perfect. It appears at all events desirable, that if it should be
Mund expedient to continue to intrust these lulu-thins to Grand
Juries, the publicity of that portion of their proceedings which re-
lates to the levying and expenditure of the public stoney should be
effectually provided for. It has also been suggested, that the
charges of Grand Jury asseesmente, for objects of a permanent
nature. ought tl, fall in future leases upon landlords and tenants in
their due proportion.
It has been strongly urged, that the criminal and civil business
of the Quarter Sessions 'Mould he kept entirely separate, mid that
all the criminal bushiest should lee first disposed of, so as to re-
; lease the Megisteivee, who arc eilled together for that portion of
the business belonging to tin Quarter Sessions, instead of retain-
ing them and the Juries :toil the witnesses, to their own great in_
convenience, and the increnseil expense of prosecutions.
It has been suggested as all improvement, that the assistant Bar.
rietersehonld not practice as Counsel in the counties whet e they sit
upon the Bench.
'rho constitution of the Civil Bill Courts deserves serious con-
sideration ; and at MI events it appears to be advisable to require
that their process should be executed by their own sworn officers.
or by persuns more trustworthy and responsible than many of those
who seem present employed.
Strong representations have been made to the-Committee against
the mode in which the process of Custodiam Writs in the superior
Courts is executed, and also respecting mesne process.
Several important suggestions have been made respecting the
office of Sith-Shertfi'; viz.—That each Sub-Sheriff should have a
regular office within his own county, where lie should attend at
certain hours ; that this appointment should be subject to the up.
probation of the last going Judge of .Assize ; that he should be
rendered legally capable of serving more years than one ; and, that
the execution writs should not be committed to any person, except
the Sheriff's Officere.
The administration of justice by the Magistrates in corporate
towns, has been stated to be more frequently exceptionable than
that exercised by county Magistrates ; and the levy of-tolls, and
the expenditure of the owe,' received, is stated to reeuire exa-
mination and correction. Obstacles are alto stated to be opposed
to the adiniesion of ,persons to their freedom, although entitled
thereto by birth, servitude, or marriage. The present remedy, by
•an application to the Court of King's Bench, is deemed to be
tedious and expeneive ; and it is represented, that justice would
be more easily rendered to the individual. claiming admission, by
giving double or treble coats io the case of an unjustifiable refusal
to admit.

Although upon the tame grounds upon which they have con.
tined theinstives to the collection of information, as to the civil
disabilities of the Boman Catholics, the Committee abstain from
doing more than to report the evidence they have received on the
prnetical effect of the present sta:e of the Elective Franchise, they
feel it necessary to state that it msy be found expedient to adopt
some further and mere effectual pro% ision against the creation
of fictitious or fraudulent qualifications, under tie law as it now
exists.

It has been strongly recammended that some rrovision should be
made fur the relief of the extreme distress or Ow poorer classes in
age or infirmity, if not by law (to which great objections have been
stated), at least by organising the collection and distribution of
charitable contributions.

In addition to the suggestions above stated, various others have
nlso been received, respecting the encouragement of emigration—
the extension of public works of unquestionable utility, by reason-
able facilities of by the Government—the extension of ffe
fisheries—improvements in the state of the lunatic asylums and
houses of industry—the regulation or abolition of Manor Coons—
the constitution and powers of Vestries—sand retpecing many de.
tails in the subordinate administration of justice. For these, and
other matters which are in different degrees deserving of attention,
the Committee beg to refer to the evidence, where they will be
found tinder the heads in the Index.
The Cothmittee cannot close this Report. without expressing the
pleasure they have received from the concurrent testimony of so'
many witneasas, who, in speaking of the different nieastires which
have been of late adopted for the improvement of the state of Ire-'
land, have, in a greater or less degree, agreed in attributing to
them n highly favourable effect.
Thee establishment of the police anti constabulary force—the re-
vision of the magistracy, so her as it has gone—the meeting of the
mngistrates in Petty Sessions the administration of justice by the
assistant Darristers—the change which has taken place of late
years in the mode of appointing Sheriffs—the public ivorks under-
taken by the Executive Government—the alteration in the system
of the Distillery Laws, and in the general mode of collectiag the
Itevenue—the remission of all direct taxes—the repeal of the Union
dories—and the increased facility of commercial intercourse, have
all contribitted not only to remove grievances, but to improve the
situation of the conntry.
The composition for tithe, under the authority of the Acts passed
In the two last Sessiaiis of Parliament, has been hitherto as rapid
and at beneficial us could have been expected under the circum-
stances of the times; and the greatest nilvantages ntay reason.
ably be anticipated from the further progress of this important
measure.

The resmred tranquillity of the country has already afforded the
opportunity for a mare extensive introduction of different branches
of manufacture; and should it fortunately continue uninterrupted,
the best hopes may be entertained, that by furnishing employment
to the poorer classes, one of the greatest incentives to disturbance
may he permanently removed.
July 4, 1824.

Messrs. Kingsbury, Parhury, anti Allen have just pub-
lished, on four sheets of Atlas, price 21. 25., a newly-constructed and
extended Map of India. from the latest aurveys of the best audio-
rides, including a scuarate sketch of the Burman Umpire; compiled,
principally for the Nine of the Oltieera of the Army in India, and
inscribed to MaiorDeneral Sir J. Malcolm, G.C.R. K.L.S. &c. &el
Among the great maas of materials used in the construction of this
Map, both as regards the correction of numerous positions, and
the insertion of much additional information, the following may
he particularised :—the surveys of Colonel M•Renzie in the My.
sore ; those of Brigadier Lambton, as well as numerous positions
determined by him in the course of his recent trigonometrical ope-
rations.; the eurerys of Captains Hodgson, NVebh, and Whhe in
the mountainotni distrieni; of Captain Franklin in Bundlecund ; of
Captain Johnson in Bhopal. Malwa is copied from Sir J. Mal-
colm's map. The surreys of Lieutenants Cheape. Fisher, and
Smith have also been copied into the map, as also the latest route.
of Mr. Meorctoft. The countries bordering on the {treat Sandy
Desert have been taken from the large MS. map by Captain Rey-
nold& These, with a great many other original and valuable
Drawings of various parts of the Peninsula, which have been done
under the superintendence of Captain Ijosigson, form the principal
documents from which this map has been compiled.
The light-bettrteriness of Frenchmen is attributed, by a
late writer, to the salutary influence of wine upon their sonstitu-
' thin • and. as an antidote to low spirits is so much needed by the
people of this country, whose enterprising cli—actiir stihjec%• them
to ao much anxiety and so mane vicissitudes, we are glad to see the
reduction of the wine duties followed by a multiplication of alluring
establishments, in which these exhilarating libations can he made
with en little damage to the purse • anti amonKthe ntortber it would
he disingenuous not to notice the new " Foreign 'trine Rooms."
1 opposite I.l"Yerie-sireef. Fleet-street, where the accommodations
are upon a scale of such great respectability, and the eir•ges upor
cuts of such resit moderation.

~ ~.-4'

LAiF
COURT OF CHANCERY, JULY S.

anceox v. castraosr.
In this ease, a bill was tiled by the plaintliffor himself and the
against the executor. The entree was heard on a Pterner oknasione
r other creditors or a teitator, praying an account of his Wet,. as
and the mniter referred to the .faster, with directions to take the,
account. The Menet, It appeared, refused to admit the proof
, which a bond ermine? offered of his debt. The ..aster's report
was enbsequently given in, and bxceptiona taken b' a Mr. Lowe,
as Solaiitor for one of the creditors, who was plaintiffln an action
at law for the recovery of his debt; tin the grounds Plat that Indivi.
dual who fllttl the bill was nut a creditor, and, therefbrey not entitled
to apply to ri Coma of Equity.
The Lunn Cuaweer.non *aid, he had read all the poets in
the case, and there were certain clectonstances in it which Indtwest
lam to lake nonce of Mr. home's objection to a certain extent. it
was said tint. that the decree hail been obtained by what tole
techniially called mining rmrnt ; and twit, that there was no debt.
A notion land gone abroad that actions ought to be hrtMght for the
recovery of legacies. instead of suit beiug instituted in Chancery
respecting them. Thie notion, houerer, could only be entertained
by those *lto did not recollect the practice in courts or jnotiee foe
. the last forte years. Lord Mansfield had a great knowledge of the
practice in equity, but it was no deprettiation of the talents of that
illustrious individual to soy, that lie had itterirerill so much lieekl
in common law, that he forgot a great deal of site Chancery practice.
And Mr. Justice Buller being of opinion that actions ought to be
brought by :egatees, devisees, &e. he advised One to be tried id
the Court of King's Bench shortly before the death of Lord Mann.
field. When Lord Kenyon (who knew no well the edict of com-
mon law proceedings as any man who ever existed, and who alsd
was thoroughly acquainted with the particular principles and
practice of a Court of Equity,) got into the Court of King s Bench.,
he upset the whole doctrine (het had been attempted to be set tro
by the two learned Judges just named ; and lie subsequently.
tooted repeatedly to hint (the Lord Chancellor.) that at Iris act.
vanced age, lie felt perfectly surprised how little he knew or
the importance to his Majesty's subjects to h.fer a Court oe
Equity, into which to bring such cases, rather than be driven into to
Conn of' Law. After this, his Lordship hail to say was, that
theschmits having been co long eetahlished, it was entirely Cu:
of the power of any man to alter them, and that it would be
impossible fo'r peroons wlin would consult the dicta orcommon Rena,
to say they should be ritteted : whether they might he improved
upon was quite another thing. On the prteent occasion the Court
would' take it tbr granted that the plaintill'had obtained the de.
cote by mumwelnriti, nnil would also assume that he had no debt :
but it was not to be lost sight of that a creditor who was threat-
ened with an injunction, in consequence of such a proceeding,
was not to be considered at liberty to let the suit go on to a hear-
ing, then to go to the Miesteen Office, and in the course of two or
three years after the commencement of the suit, rot the first
time, to come into Court anti take the objection, with the view Id
have the benefit of that objection. The Court, notiithstantling.
would take notfce of the objection on behalf of the other creditors,
and take care that.ns much justice should be done to them as if the
complaining creditor had come earlier. There were other points oe
form to be considered in the case, arising principally from the de-
mand of the complaining creditor, wind]. his Lordship said, lie
would hulk into, and be able to dispose of the whole to-morrow.
Mr. Beau) considered the complaint to have been made quite
irregularly., and that .11r. Borne (night nbt to have been !want, ap-
pearing upon instruction, as lie did. furnished by Mr. Lowe, the
creditor not bed :g before the Court by any petition.
111 r. House. stated, that Ile hat. received his Lordship's per-
mission to appear, and after having obtained that, it was only the
want of en:lotion courtesy on the part of his Learned Friend, that
could induce him to make such a statement as that lie ought not to
have appeared. Further he felt quite competent clearly to show
dud he was entitled to be heard, even if lie had not received the
Lace of the Court to appear ; but be did not think it worth while
to enter into that consideration tl:en.
Ills lionnsit to said, it made not the aliglitest difference to Into,
what the naive of the Solicitor on either side was, but he wan Or
opinion that Mr. Horne had properly enough appeared.
:MAKI:)100k: v. THE GI.IIIOIIGANSItInE CAXAL COMPAX.r.
Counoel were heard at considerable length in this case yesterday,
and the furdier hearing was fixed fur this day. Nt'llen the case was
mentioned.

The Lotto etiaNcet.r.on said he had fora lung time been
stAmotitiz about in this canal. and could not rocceed in finding his
way nut of it. Perhaps, the Counsel for the plaintiff could afford
him some ntwistance by producing the plans thick had been ad•
wench to On a former neepAjon.

31r. HEALD replied that they should be forthcoming in about an
holm

The I.oaD'ettaszcr.t.ton said, that unties all the circumstan•
sett it would, perhaps, be better to wait till to-morrow, he would
then see what could he done with the ease; he had attentively pe-
rused all the affidavit+. and 'silt that he could have but little ditfi•
eulty In disposing of the case.

DE BEAUVOIR r. RHODES.
This was a motion to dissolve an injunction granted by the
Vice•Chanailor. The case s-as argued at considerable length in
his Honour's Court.

31i.11.11.D,ii;the defendant, said that by common conaent—
a strange thing that the parties should agree on any point—this
case was fixed for to.slar. The Learned Counsel then proceeded r.t
considerable length to detail the fact% connected with it. The effect
of the injunction, lie said, was to restrain his client (Mr. Rhode')
I from excavating certain grounds, raising gravel, laying the fonnda-
dons- of houses, &c. on certain premises situate at Iloxton. 'nmc
I time ago, when the lease uf these premise's was about to expire, .Ir.
Rltrelcs, who was the tenant, applied to Mr. De Beatiroir, his
landlord, for a renewal of the term, and after some negotiation bs•
tween the partier, the premises were re-let to his client on a build.
leg lease. Mr. Ithodes forthwith proceeded to erect houses and
execute other plans which were projected by lira, in prosecution of
which he expended enormous sums of money. lie laid out a stunt
of no less titan 69,0110/. in forming a basin of water, part of the
Regent's Canal ; the other portions of the work ware tarried on 071
the same grand and extensive scale : in consequence of improve-
ments which required almost a princely fortune to make, the pro-
perty considerably increased in value ; and the Regent's Cane:,
which was before not much better than a ditch, became an eater.
sive and beautiful sheet of water. Mr. De Beauvoir, nceirg ti :e
great improvement which had taken place in the value of the pre-
mines, began to regret that he had granted the renewal at so low
a rent. Ile said that he had been imposed, that a fraud had been
practised on him, and that the lease could not stand in a Court of
Equity. Actuated by each an impression, he appealed to the
Vice-Chanc,flor For An injunction to restrain Mr. Rhodes from pre.
seeming the works which were then going on. His Honour, con-
ceiving that the lease Wan unfairly obtained, ordered that it should
he given up, and granted the required injunction, the consequesteas
of which were the almost utter ruin of Mr. Rhodes. All the per-
sons with whom lie had attired into building contracts brought
actions Against him ; he was plunged into lawsuits ; the workmen
had been necessarily discharged ; the works were suspended,
and falling into ruin and decay. It was therefore of the utmost Im-
portance to Mr. Rhodes that his Lordship should dissolve tha
injunction. Mr. Rhodes had used every exertion to ecnvinee
Mr. De Beauvoir that he held the land from him at a ree—
-1 .onable rent ; and in order more fhlly to persuade hint i f
l it, he procured Messrs. Nash Intl 'Sutton, and other gent'
11 men of great knowledge, practical as well as theoretical, and of
considerable experience in such matters, to survey the premises.
land state their opinions on relit to this Court. The result of that
examination was, that those most skilful gentlemen unanimously
declared the rent, which was 1.300/. per annum, to be ressonalle
' and sufficient. The learned Counsel then entered Into a nil-live
detail of the circumstances connected with the granting of the
lease. with a view to negative the allegation of fraud, and to show
'that Mr. Beauvoir had not been imposed on. The leases he said
were prepared by Mr. Clement. the plaintiff's solicitor, ;Ind by his
directions ; there was no haste in the matter, and least of all wan
there any connivance between Mr. Clement and Mr. Rhoden. After
some further arguments, al r. Heald proceeded to say, that when he
met Mr. Rhodes on a consnltation, that gentleman appeared so
horrified at some of the :tent imputed to him. and at the inferences
deduced from them. that his tew remaining bobs literally stood on
end,and really (said the Learned Counted) I am not quite sure whe-
ther they have sine: then resumed their former position. (A laugh.,
1 The het war.that Mr.De Beauvoir was so struck with the improve.
ments„ that he trumped up the charge of fraud, to try if under !:I
cover lie could get bark the premises. Ile saw so many lientititui
mansions, as it were springing from the earth—so many extensive
warehouses coping with the skies--then there was the Regent's
Canal, freighted with the richest products of every country. of
Paddington' of Camdentown, &t. (great laughter.) All these
wonderful improvements were constantly recurring to him in Ilia
dreams, and at last he determined upon going into a court of
equity, and seeking for the recovery of them. Hitherto he had
unfortunately been too successful; the injunction had put an end to
all the works, and Bloat extensive buildings, on which Mr. Rhodes
had expended so much capital and skill, were now neglected—they
were the den of beggars, and almost all the valuable material;
employed in the construction of them, had become a prey to
thieves.
Mr. ((tarn said, that in all his experience lie never knew or
injunction •to be granted on such ground's ; Van issue had b.,:t.
directed to one of the Courts below, and if a Jury found that ia,,
!ttte had been fraudulently obtained from Mr. De Beauvoir, the: ,
indeed, the case would have been different. Under all these circuit •
stances. he trusted his Lordship would dissolve the injunction.
Mr. HART followed on the same able. The Learned Gentletrso
appeared fir a Mr. Tibbut, who acted as the Solicitor of al:.
Rhodes, and in whose possession the lease of the premises was sat.(
to be.

The further hzating of the ease was fixed for Monday next.

C(WRT OF KING'S BENCH, rntnAr, .YvT.I. 8.
Mld.ilesrs eter Tribby arl
CHIEF JUSTICK and a CJI:M.,r,

LaTCOCa
'nig was an issue directed by the Lord Chancellor to tt.y
question, whether the commission of bankrupt issued against
Scholebeld was a concerted and fraudulent, or a bona hie coin-
miysian ?
Mr. Sr attf.VrT stated. that the plaintiff was a judgment
creditor of the bankrupt tn a larpe antonnt ; the defendant was the'
petitioning creditor, and the assignee of the bankrupt. The plait-
tillt7rotiglit an motion against Seholetield, which was after-
wards r.ferred. and a canaiderahle sum watt awarded en be due •
him. Previously :o an enerution being levied Mr. Scholettel4
gave s warrant of attorney to his relation, a Mr. Meson ; upon
which judgment WA% entered up, and a fi.
,fit. issued against hi,
property. About this time Scholefield disposed of his reversionary
interest in certain other property for a very inadequate considers.
I tins. and soon acier a docket was snuck against him by Mr.
.'inibler, who pro:ured himself to be appointed
sole assiCses

atalleT e.Cooet 8.
Thieves an amiss beimght thodormsdaut for committing
a traps* by -
.. eleei . amlliewswing and mining
the anise mak . sway dm mune.
The detonate ' , dm • * • Predication,
taktog that ""'" II BM • at
tbeleeeilbt 'ad *dr As voU
elltAligifd At - add wiry theties aim fee the Lielshe
ill lb tleorlei dot t
...NI. • ',NV
, . T olign4 twee Werwal,felehoi
. ,
~,,, -ir...•
....,„..4„, riltiLeintba Jwif, TM Pleindit Ins
s . g whit seseaßed A imwerth
-
" . --.a. - if Ham COWL The defines
NI '6-'' I* '
.....",., a tbe Board of Trade,
aid lid 1"....,40. - " " ag that the freehold
valbsizi
moelp ........ ' :xi- -ea the question to be
pied IN -; - ' •.- . MP ,entitled is the freehold of theme
peeseim -Ripped `to btu that the right of the Crown over the
pmmsety fit assmom-• , was of a very different nature from the right
w- Vibe froeNft He admitted that the Crown had certain rights,
.bet we of the set up by the defendant in his
plea. The • made was to the banks of a river
which ran t Ahem* Park. The river was divined
from its ancient
Anse
alleha years ago, by certain Com-
sionsfArters appfints4 bi, the CPesw. He would however first state
AIM manner in which this prapsity became vested in the present
et. Aimwordt . rem was itmaerly vested in the Crown,
.-:ot been so slate the time of Charles the First. In the
year 1628, that Prince granted the Park to two gentlemen in fee,
and he should produce the conveyance, in which no reservation
would be found of any river, right of fishing, or any other kind of
reservation whatever. A few years after this grant was made, a sim-
ply of water was wanted by his Majesty's llousehold, at Hampton
Court, and the Jury would find, that in 1838, allowance was given
•by the owners of trie Park for cutting this very channel for the
purpose of conducting the water from the old river, which be-
longed to the crown through these grounds; it, therefore, ap.
peaeed that when the grant was made, the river In question dad
not exist. The Learned Counsel then read the commission,
which wart dated 14th Charles, and was directed to certain Com-
missieners to cut a channel through these. lands, and that if any
person should refuse to grant their permission for them to do so,
then they were to take a view of the premises by themselves and
others whom they might appoint, and fie a reasonable price upon
the land to be used as the channel. By the terms of the corn.
mission, therefore, the commissioners were not authorised to pur-
chase the land, but only to cut the channel through it. if the
p,round then was never in the crown, it was impossible the de-
fendant could sustain his justification. But, if it should be con.
tended, that banks and channel were both the property of the
crown, he should prove that the banks were invariably used and
enjoyed by the owners of the land adjoining. The channel ran
through grounds which were obliged to be elevated to form a level
for the water, and to keep it from overflowing the batiks. That
was the place where the trespass had been committed. Ile should
show that the fields, when arable, were ploughed as far as they
c, old be towards the water's edge, and that when the land was
panure, it was mowed as near the water as it could be. lie should,
likewise, be able to show another thing, which he thought was
quite conclusive of the present question. There used to be an
ancient farm-yard, just at the point where these fields were now
divided, and that bam was actually fenced down to the river, and
the cattle used to walk across the stream to the field on the apposite
aide. How could this be consistent with the right of the crown for
'3l feet of land on each side of the river ? This fact would of itself
straw that the right thus claimed was merely imaginary. The
whole of this claim was quite inconsistent with the uniform testi-
mony of usage ever since the original grant was made. He, how-1
!IST, thought he could account for the ides that had been enter-
tuned that the right of property belonged to the crown. In 1800,
it was proposed to have an Act of Parliament for dividing, allot-
ting, and inclosing the lands and waste grounds in the parish where
Aiontorth Park was situate. Some of the waste grounds were
than the property of the crown. When the Act was passing,
a question arose respecting the ground round this river, which
nut through what was to be enclosed, as the Crown had always
possessed the right to go for the purpose of cleansing the
strum. It was proposed by the Crown to have eight yards of
land on each side of the river to protect its banks, but this was op-
posed ; at last it was agreed that there should be seven yards. But
even upon the very face of the Act these seven yards were not the
property of the Crown, but were only to he enjoyed by the Crown
as an easement. By this Act also, it was reserved to his Majesty
the rights which he formerly had, for the more effectually securing
the said river from damage or the banks thereof, and that ho per-
son should possess any right of way, or any other right whatever,
over and upon those seven yards so allotted to the Crown for the
aforesaid purpose. Before the Act, then, it was admitted that
thempervons had a right ; this Act, therefore, was rather an argu-
ment that the Crown had no title to the lands, because, if it had,
there certainly could be no occasion to secure the right it already
pemessed, as the Crown could have protected that right without
the intervention of an Act of Parliament. The Board of Trade
had, no doubt, conceived that this Act had established some right
in favour of the Crown, far they had attempted to use this land be.
fore 1818 ; for in two instances, under the direction of this very
defendant, persons had entered the land and mowed the herbage.
but in each case the tenant took the hay away and used it himself,
and refused to pay for the labour of mowing it. But after 1816
there was no doubt that the defendant had done what he could to
show that the Crown had a right, tar the trespass out of which the
present action arose was done evidently for that purpose. He had
no intention to say that such conduct was intended to be vexatious,
but if he showed that this property had been enjoyed by the pre-
sent owners, and those from whom they claimed, for so many
years, and that too by such pregnant circumstances as he had
stated, there could be no doubt that, although the river was cut ,
through these grounds, the right of property still remained in the
proprietors of the soil. In ordinary cases it was enough for the
party to prove the possession ; that would give him a title till some
other person showed a better. But he should, in this case, further'
show that, under the grant from the Crown, the plaintiff, and
those under whom he claimed, had enjoyed the right from that
time to the present without any interruption or any dispute, until
the present question was raised by the defendant.
A clerk from the Record-office produced a translation of the ori-
ginal grant from the Crown, and also a copy of the commission in
left
The LORD GRIEF JUSTICE asked, whether there was ally re.
UM to that comtniasion ?
Mr. SCARLETT said there was not ; he had merely put in the
weemoission to show that there was no authority to purchase. ft
wan not necessary for him to have put it in at all.
The LORD CHIEF JUSTICE—Can you, Mr. Attorney-Gene-
ral, produce any deed or any other act by which the banks of this
river con be shown to be vetted in the Crown ?
The ATTORNEY-G1:24711AL said he had no deed. The evi.
deuce on which he should depend was the acts of ownership. There
was no dispute that the river from which this stream was brought
todanged to the King, that the river beyond this park ear also the,
K!ng's ; hut all that his Learned Friend contended was, that the
river running through the Intermediate land was not in the crown.
The LORD CHIEF JESTICE.-1 think unless yott ran show
that there is some conveyance since the grant, it is impossible you'
can defend the action. I take it for granted that there will be some ,
usage on both sides; I wish not to prejudge the ease; but if all the 'I
evidence that could be had was merely conflicting testimony of
usage, then the Jury must decide upon the weight of such evi.
deuce; but here we have something to guide us. We have a.grant
of the park in the time of Charles I. and we have the commission
which authorises the cut to be made through the park, but there is
nut conveyance of the channels or of the banks of it. What must
bethe result of that?

The ATTORNEY-GENERAL—I must ark your Lordship that.
Mr. Se AAAAA T said it would be a mere waste of time to eater
into the evidence, as the question must resolve itself into what his
Lordship had stated at rut.
'The ATTOWNEY-OtNERAL then argued, that the commission
sod Act of Parliament were sufficient to vest the right of property
is the Crown.
The Loan CIIIFF JUSTICE.—But by the commission, the te-
mints of the land adjoining have a right to use the water 4 but what
would that right avail them, if you prevent them from getting to it
by claimilig the land which surrounds the water to be your's ?
The ATTORNEY-GF.NERAI. said, he felt the rumor his Lord-
ship's observation; but he thought. that from the situation in
which he was placed, lie ought not to give up the question of usage
altogether, without having some evidence on that point. lie there.
tore proposed that a witness or two should be examined, to see how
that matter stood.
Joseph Nedby was then called.—lle was 73 years of age, and
hid known the Ainiworth Park fifty rms. He lived with the old
Lord Veto and afterwards with the be of St, Afban's, when
the, were proprietors of the Perk. 21se term of the bode wed se
-, close to the water aide. The book t tesiattleero Se he fre
'se river,rand the cattle, while stood hi Me jail. bold drink
‘e water. - lie remembered the all she book being lop-
Sy the tenants, and the herbage on the boob wee by the deer.
witneu spoke at great length on other sets of ownership on
-sof the proarta*-- -' '. park. _

not known the King's

trees till within a few years put; certainly OasO'
,o years oh), anti had occupied the Peek as I,
years, during which time he lopped the trees and
amMation he said the Ring's people had never
time, though they used to mime yearly to cleanse
%GENERAL said he certainly could not dis..
this, and therefore the case must be brought
upon which his Lordship had originally put it;
is to tAe effect of the .docornents that had been
Lordship should think that upon those documents
e must prevail, thenthere was nothing further that
defence to the action.
CHIEF JUSTICE thought the justification had not
and as he supposed the question was raised merely
4 point, a nominal verdict would be all that was
assented to this.
therefore, taken foe the plaintiff. Demers 40s.
/311110 N PLEAS, GUILDHALL, Juty 8.
the LOUD Cntwir jurrtcs and a Special
Jury. •
WEDDELL V. er
111 brought by the plaintiff, a seaman on board
ilea wallet, to recover damages from the de-
Captain of that vessel, for having assaulted
to be shot in the neck by some Du•ct; soldiers
Ternai,.i, in the year 1023.
eat p)alesal a special justification, alleging that he
' to cam the soldiers to fire, as the plaintiff' and
were in a state of musing, which could not other.
wise be put down: The damages were laid at WM.
Mr. Sergeant WILDS and Mr. Pottocs, Counsel for the de.
fondant, claimed (as they had put in an affirmative plea) to wee.
dace their evidence first. Leuffned Gentlemen quottd several
eases, in which, under simile: circumstances, such a manner of
proceeding had been allowed.
The hosto Cater JOrr les assented.
Mr. Sergeant WILDE opened the case for the defendant. His
client ',fps Captain of the merchant (hip the Emily in 1821. In
Ithe course of his voyage to the South Sea he put into Ternate, a
Dutch settlement 111 the East Indies. Whilst there he permitted
one part of the crew to go en shore, the other remaining in the
vessel; but it was his special orders that every man should sleep
in the ship. Notwithstanding this, some of the crew remained on
shore all night ; and on his remonstrating with them next day, he
received nothing but ebuselin return. He forbade the mew, in con.
sequence, to go on shore, without his express permission. In spite
of this, the plaintiff and others of the crew went on shore the fol-
lowing day, and did not return till the mornitig after. This natu-
rally produced a great deal of irritation in his mind; and parti.
eularly provoked with the conduct of a man named Neagle, he
struck hint. The man then said, that if he struck him again he
would knock him (the defendant) down the main hatchway. Some
of the crew at the same time cried out from the shrouds, " That's
right. give it him well," or einressions to that effect. A state
of general insubordination then ensued; the Captain's authority
was openly resisted, and not one of his orders were obeyed.
The Captain in consequence went on shore, and having applied to
the proper authorities he brought back some Dutch soldiers, com.
mended by three regular officers. The crew, upon seeing them sp.
proacb, flew to arms.; some seising pole-axes, others harpoons,
hand-spikes, Ike., and declared, that none of the men should be
taken to be tried and flogged on shore. The Captain called to them
to lay down their arms and submit quietly, as did also the com-
mander of the soldiers. The sailors kept together round the fore-
mast, using threatening motions, flourishing their poles, and strik-
ing them on the deck ; and upon their further refusal to submit a
shot was fired at them, but did no damage, and had no effect In
altering their minds. Three other shots were successively fired,
and three men were wounded, of whom the plaintiff was one ;
the others, Neogle and a man named Ellis. One died in a few
hours, and the other in about a month. This was the termination
of the affair. The plaintiff recovered, and now came before them,
hoping to• get rewarded tor the example of insubordination he
bad set; but he (Mr. Sergeant Wilde) trusted that the Jury would
mark their reprobation of practices so dangerous to our commercial
and consequently national prosperity, as had been pursued by the
plaintiff:
J. Lancashire, and another young man, apprentices in the Emily
at the time, were then called. They proved various mutinous ex-
pressions made use of by the crew, such as " they (the crew)
would sot stand the fl'gging any longer." They also said that
" if any of them were flogged there ('1 ensues, they would begin
it there, but if not they had better wait till they were at sea, as
then the Captain could not get any Dutch soldiers."
Both of them then gave much the same account as stated by the
Learned Counsel.

.....
By the cross-examination it appeared that the soldiers consisted
of two bodies; Dutch and blacks, they were:ranged on the quarter
in
terval
between and the men were on the forecastle ; there was an
between their firing; they fired four or five times, and three men
fell ; Smith was one, he was shot through the left breast, and died
in three hours after ; Ellis was shot thmugh the groin, and died
in about five weeks; the plaintiff was the third, and was shut
through the neck. The Captain was an American ; there wan a
great deal of flogging on bard the ship ; there was a Dutch brig
of war about half a mile &V; the soldiers advanced towards the
hatchway after firing, and ordered the men who had fled below tr
come up ; they resisted for some time, but on being told that they
would be fired at, they came up, and were taken to prison.
Upon some question being put respecting a conversation among
the crew, about pistols, a week before its occurrence,
The Lorin CHIEF JusTicE observed, that no misconduct of
the Captain on a previous occasion could justify mutiny afterwards
by the crew. If such a principle were allowed it would be sub-
versive of the commerce of the country.
Previous to the firing the Captain pointed out the obnoxious
men to the soldiers, saying--" There is one (Smith), and there is
one (Ellis), and there Is that rascal that struck me"
(Neagle.)
!Mr. Sergeant Varomor then addressed the Jury for the plain-
tiff: Ile begged to assure them, in the sincerity of his heart, that
he had never felt more pain in addressing a Jury than he did now ;
and he was sure that there was no one who had heard this cause
who did not feel horror at what had been proved by the witnesses
of the defendant himself. They could all see that the defendant
was not simply a rash man, but violent and inconsiderate.
The LORD CHIEF JUSTICF. said that he thought the only
question at present before the Court was, whether there was a
mutiny that would justify the violent conduct of the Captain.
Mr. Sergeant Vauussart thought that all the pleas were at issue,
and

The LORD CHIEF JUSTICE thought not. The question was
concerning the mutiny.
Mr. Sergeant Vattounat said he was merely going to address
the Jury upon the observations which had been made by his
Learned Friend. lie was the last man to impugn the discipline of
the merchant service ; but the Jury had here to take a view of both
sides of the question, and when they had so done, they would say
whether that discipline was likely to be promoted by the course
which the defendant had adopted. Let them look to the facts of
the case ; they would remember that these transactions took place
nearly five years ago, and now it was brought forward after every
pretence to put off the trial had been exhausted by the defendant.
It had been pretended that the witnesses were not in England. but
they had been in England, and had gone two voyages since; but
this was indeed a part of—" the oppressor's wrong, and the law's
delay." Why, if the crew were in the mutinous state described,
had they not been indicted ? It might, perchance, be told them
that they had been indicted, but had been acquitted.
The LORD CHIEF JUSTICE—ReaIIy. rot* Cent% prove that.
Mr. Sergeant Vat:C.IIAX continued. The defendant had called
before them two witnesses who were in the ship at the time; but
hoped that on that account it would not he supposed they were
biased in favour of the plaintiff, if any thing the bias was in
favour of the defendant and yet. upon their showing alone, he
trusted that he might call upon them for a verdict in favour of his
client. He admitted that part of the crew were guilty of disobe-
dience in not returning at night, and certainly deserved to be
punished ; bitt when a captain degrades himself so fur as to strike
a man with his own hand, he could not but expect the sailor, who I
was but a man, should act es a man. As for the mutiny that was
an much talked of, there was nothing like it. all the men were at
their several employments. He should prove that the captain, by
his threatening s-eeches, induced the sailors to hold out when the
soldiers came. He had said in going ashore that he would make
one of them (Neagle) " dance upon nothing before night." Now,
he would ask whether this deliberate purpose of his mind, ex.
pressed whilst the crew were in a state of excitement, was not an
Incentive to what followed. The Learned Sergeant then went on j
to state the various circumstances of the case, and concluded be
hoping that the Jury would repress by their verdict any future die-
position of
then Captain to take the lives of his fellow men on such
frivolous prces. Captain
Rea happy that die defendant was not an
Englishman, but had come from Kentucky, in America.
The plaintiff's witnesses having been proved to be abroad, depo-
sitions by each of them were put in and read. They all denied the
asserted state of the crew's mutiny, or their being armed. In other
respects they gave no fact that we have not already stated.
Mr. Sergeant Wihnr. replied.
The Loan CHIEF Just mix then addressed the Jury to the fol.
lowing effect :—A. more important case, Gentlemen, I think has
never come before you for your consideration. You must remem-
ber, Gentkinen, that our greatness. our glory, and our strength—
that which enabled us to defend ourselves against the world, de-
pended upon the state of our marine. Nothing, therefore, can be
more important than that every one of its branches should be regu-
lated by wise hum and that those laws should be clearly under. I
Mood. One thing I must say before entering into Oda case is, that
in considering it you mist place yourselves in the situation of the
Captain ; you must consider the difficttltics and dangers which
surroundd him in that circumstance which you have heard
related. lam old enough to remember, that when a Noble and
Learned Lord now no more asked an Admiral whether what was
done by a certain Captain at sea on a particular occasion was right, I
I remember hie answer well, for the justness iir the reflection made ,
a deep impression on my mind. He answered. " Sitting by your
Lordship's side as I now do, at Guildhall, I should say that his
conduct was not right ; but had I been in his situation, hearing the
wind whistle through the shrouds, accompanied by all the dangers
of the ocean, I should have acted in the mine manner." This ob.
nervation (said his Lordship) I shall never forget ; it shows how
differently trim feel and act when placed in a different situation. I
am so anxious not to be misunderstood in this most important quew.
Don, that I have this day done what I never have before, viz. I
have written out my opinion of the law upon the subject. " The
master of a vessel has a right to correct a seaman if he miaeonducts
himself. If 4 a master strikes a seaman a blow, the seaman must
not resist, unless attempts to use further violence be made t then
the seaman will be justified in resisting, if the assault of the Cap..
taro was originally wrong. This is the law both of reason and sta.

'

!
401
t
t
•

/ no- lose io t 6 water side. The ---1
of the riveroand the cattle. whgestood k
lithe water. Ile remembered die IP
}eo by the tenants, and the herbage ea tbir he
11~t kri winless spoke at great length on of
ibtpart of the proprietors of the Park.
' , laa his crowessminatioo, he said he bad r

. •
. .
- vismosmogree people lop the trees till .4,,
'biGl6 Isc able to show that just before the commission far back as 40 years.
lensed KAMM end Ambler were ftequendy seen together Evan EVIIII9 was 76
A elevest discourse respecting the affairs of the former. It tenant fur eleven years,
washtub° be proved that the bankrupt had on Mend occasions mowed the hank,.
deelealt IA determination serer to pay Mr. haycock a single shit. On his „0„,,..,,,,h,
hog; bid at the sane that sating it was his Intention to pay all done either in hie time
other codlings As. M the pound. Mr. Layeeek upon these facts the river.
„mod a wetition to the Lord Chancellor praying that the COT. The ATT 0 It xvi•-t
nsistden slight be superseded : the facts, however, being disputed put, such evidence as
by thouppesise aide, his Lordship had directed this Court to try back to the point upot
the treaties, and it therefoge now became the province of the Jury that was to say, as to I
to lay vnether upon the evidence which would be adduced the read ; and if leis Loral
pleendff was or was not to be deprived of his superior claim upon the plaintiff's tide mu
the banersipt's poverty by, the yadgment which he had obtained could be urged in defe
trhilt. The Learned Counsel contended that the whole of The Loan CHIRP
r eftenestances were tainted by fraud, and dearly shoved that been made out, and as
Minenbelon was a concerted measure between Ambler and the to settle a diputed poi]
blikeipt. • necessary.
siveral obsesses were then called, who spoke of the transactions Mr. ScnnLy.rt am
hatreds as bankrupt and Mr. haycock, and den between him and A verdict was, there
thantlite partici, particularly with Mr. Ambler, the nature of
whidi wont to "ow that the commission was the result of previous COURT OF CO3l
egnarti bet beyond that of the parties their testimony was wholly
&Wirier interest. Sitange before the
Mr.-Onawas, on the artier side, contended that the warrant of
scanty St Mason, and the issuing of the commission, were bona
ride transeedons. ' 11
The Learned Counsel called evidence in sup- This was an action
port of Ale defence. the Emily, a South SrTß* Loan Cs ter Jverics summed up the evidence, all- ti
Pendant, who wag the
left the question to the Jury whether the circumstances were such
as in their judgment would sustain the commiseion or not. him, and caused him I
in the bay of Termite
The Jury, after a short consultation, considered that they were The defendant pin;
ret,aed foaled the hue in the affirmative, thereby vitiating the
cantalesion. had been obliged to a
others of the crew wee
st At NT V. COOPER. wise be pat down: T
Thieves an action brought against the defendant for committing .
A., gm. recent 11'1 LI