The British Press; or, Morning Literary Advertiser.
London, England, 1821-10-22 00:00:00

LAFfr INTIfiLICENCE

COURT OF RING'S BENCII,
SATURDAY, OCTORCIL to.
Tile Court ewt this morning, pursuant to seljnernagent,
and proceeded to dispose of the cams remainiug from last
Tete" te the special piper.
• LORD MMMMM OXT 17. 111‘0.
'GIs wee a queetion interesting to agriculturists. The
Defendant had been tenant of a farm, and as action had
been thotteht againei him for a breach of one of the cove-
nants of his lease, by which he was bound to spread annually
as the arable lamb of the firm five kilos of lime, each kilo
coninitiiitg 240 bushels Wino heater messore. It was alleged
by Ike Plaintiff, that the Defendant, during the heat year of
his occupation, had failed to fulfil this covenant of she leas*.
An alio. had been brought, and a verdict obtained by the
F11;141,11 avinst him, tor this breach of coveumit.
Mr. Max:SING now apulied su have that verdict set senile
• epos a (see 'metered. The fats were these :—The Defeo.
daut had held a lease eel the farm in question for eleven
years. iii• term commenced at M ichaelmas, but by the cue.
tom of the country the its-coming tenant we. admitted to
take pure evetnn of sorb pare of the farm se were impeded
fur wheat by the 12111 of May preventing the Michaelmas., in
order that he might have lime to lime soil prepare such land
to. receive a SUMO/ of wheat. The Defendant had, accord-
legly, been arimitfed In ruck parts of the farm io question,
.whitb be prepared for wheat, laying tut livid spreading the
ueressary time sail manure. On lie expiration of his lease,
the Defendant contended, that leaving, previous to thee com-
mencement of his leiter, matured as.cumiug-in leant, be
had an equitable right to deduct such portion of manure as
outgoing tenant. '
The 47nutur, however, brie), dist the won& of the lease
were imperative, sad that he WA, 1/01111d by his lease to lay
the specific tit:saltily lime on the land. They therefore
Warded that the verdict fur the Plaintiff shonA be affirmed.
Several other reuses were callod on, but the counsel ur
altnrniee were nut ready.
The Com)lla110E observed, that the Court sat on Thurs.
day, when Hone of the augurs were ready: he now felt it
his dney to himself end the wdi.- to say, that militia coon.
set were really WO Monday to proceed with their cases when
called un, he should ureter them to be struck out of the
paper.

W ESTMINSI'E II SESSIONS,

SATURDAY, OCTOBER 20.
Rome colliers wire tried fir ordinary a.sults sod petty
the'ts; and nn the convirtian of one of them, the CuEIR-
MA3 rematkrd mem the extraordinary fart that nearly 11111
hie rOf i lit' pm/titers at she Sonatas were withers, who herd
auto.' the buenty of the public, and yet offered fur their
▪ for rwmmillisig thdu. bailees upon that public., that
th►y were an Munk at the time that they knew this what Ihry
Ivt,e Ittlit.g—in other wned•, that they bad matey eautigh to
wend in keeping themselves in writ a state as to be useless
s.•J nTeusive.
MR. TAYLOR'S ACT—TMPORTANT TO MANU-
FACTURERS.

This wn an appal against a runviction of Mr. Shahan',
the Magistrate of Bow-street, noon an information, p►eferred
against NI . COFIw, Delnfield, ■nd Cu. the extensive
Near', by 'he duet enotraelor for the parish of St. Martin,
N recover *arra pralters against them, for the removal
trepm one part of their premiers which is in St. Martin's, to
•nuthrr which i. in St Grorgr's, Bloom,loiry, of a quantity
of tinders. within the mrsnins of the clause in Mr. M. A.
Tqllor's Art, which weals the properly, to such eases, upon
t• removal, in the parochial coistiactur.

- .
All the feet* of the rare orre admitted, and the question
mime upon the legal construction of the Act.
Mr. ALT.v.i•, in support of the information, read the (loose,
*slue, pruhahoted all persons from carrying away, or going
•lout's" carry away, or remove, dust, ashes, cinders, kr.
•twos one parish to another, t xeept by order or roust at of
Om parish coutractur fur the came. It 1/.14 here admitted
thiit Itlesars. Cuntbe, Delafield, and Co. the extensive
'sewers, who cousnmed a great deal of coal, had removed
*large quantity of their ashes from one part of their pre•
'mites to another, situated in a delft:runt parish, and where
they again used it fur !nine purposes connected with their
Now. eilostevcr might be the policy of the Act, and
its or c3siona I hardship, it was quite clear that, by the clause
ILi. Art, whenever any cools were once cou•nmed in a
ti,e or fweiare. slwy, upon removal, became the property
of the parish contractor, who paid a large sum fur his con-
tract—in this rare lON a year.
Mr. ADOI.PBUp—We, uu the other side, beg the Court
to bear in mind that it is our owls t carryeng away
tour own coal from one part of nor own manufactory to
•outlier, and for oar uwu put poses in the process of our
trade..

Mr. ALLEY admitted that fact, but still contended. upon
the euthority of the Curlton House and Sir Joseph Banks's
rows that the removal was eimirary to Act of Parliament.
rte 14 vg....But here they are using it for their own
i'pwrposr• in tae omens of trade Do ,on atlas I that
r. Amer —We say that the moment the coal is used, the
lsrficinal owner 11.1 S nu right to carry it away : that is one
'view of the Art.
Mr. Cainivooo said he had to oppose his Learned ',ilea.]
'(Wh. Alley's) view of the Act, upon the construction of which
be 00114, however, make a few observatinus. The question
was simply Ibis : Could the contractor, within the evident
weaning and ititenti of the Legislature, step in and take
'llie aitiele of the manufacturer, while in proems of use in
LW hi einem, mot upon his own premises? Metiers- Cnmbe,
Dytallel4l, and Co. wen., a. woe stated. extensive brewers;
tbuir premises happened to be situated within the precincts
of two parishes. In our part of their premises they used
Jane quantities of coal in their process of brewing-1n an-
mire they used the small coal am) tineonsumed fuel, which
tell through the farmers of their large coppers, which it was
• necessary to rake and stir, for the purpose of preeertrieg a
Are of a eel-tato heat, for the purpose of boiling water to
cleanse their cask.. The hitt su used was not properly ashes
or dust, for it contained a good deal of coal, which fell, un-
reducid, through the gratings of the larger furnaces. HOW
•VMIIII'it possible then to construe this Act so as to prevent
- these applying their coal in the one case as they did in the
oilier. without at once creating a priuciple and precedent
which violated all the rights of private property, iu a man-
. nee which no Aet of Parliament could have ever contem-
plated r The case only required to Ir• stated to skew the
•t,straity of any such attempt.
Mr. At,Ley" We know that bricks may be made of the
refuse dust of coals; now, could the refuse be taken away
for srch is purpose without violating Ibis Act ?"
The CIRAIIIIIII&N" Iblak it could, if a man were
al. W• 1111 it upon his own premises."
Mr. CURWOOD —The plain facts here were, that the

•-• • ,
loe•house ease; for in tilit lies Coed would recoiled,
there was a eorputed claim of property, the refuse fuel beiag
claimed by some of the household ‘,„,ter a „man, of afire
as their perquisite. The Legislature, he contended, could
never mean to authorise the intrusion of a scavenger Into
any ,ion's premises to carry away hes unconsnmed fuel ; if
that were to be the construction of the law, then the con-
tractor might enter a goldsmith's workshop, and carry off
Iris settee, if the goldsmith presumed to move it from one
part of his premises to another to carry it through the pro-
cess of leashing, for the purpose of separating the gold dust
from the ashes to which it ltliarhed in the proems of the ma-
nufacturer's trade. He elan observed that a great part of the
coal was not used at all before in moval—many smaller parts
of the coal fell through entire.
Mr. ALLY, in reply, insisted that the elegise in the Act
was imperative. As to the statement that particles of
small coal might fall through and mix alp with the ashes,
that was nothing. They all knew that a cook, in hurrying
nit her dinner, often raked oil Euo4! rod ; bat was thrill
a reason why, when the dustman came, she should insist
spun his not removing thr dust Rum the dust-hole, until he
separated the particles of coat from the dust of the ashes?
lie admitted that many hard:hips were 'rollover, upon poi.
Tate individuals by the local Acts; for instance, the removal
ny sin,. where they had been standing for years; and the
consequent alteration and timiratiort of hails and porticos—v.
mil! while those Acts subsisted they mire, be ob. yed.
The CHAIRMAN, in pronoirecing the opinion of the Court,
said, that he could never pot th.• caostruction upon this Act
which was conteuded for ill sepport of the present informs
lion. It was true that the case was one of particular im.
portend In the parochial contractor, and also to the public
at target It must equally be admitted that the Act treuched
very much upon what were previously cousidered the rights
of private individuals. lie was old enough to remember the
time when diemmen were obliged to be prod large sums for
removing ashes and duvt, hot of Isle it. value and trees be-
coming better known, large atrtil. wrre given fur it, and the
expenses of removing arldit ails incurred by the parties
dealing in the commodity. It had loom truly said the* the
case of Carlton Homo. dust was lift; rout from ibis ; so also
was that of the late Sir Joseph Books; in the former was a
disputed claim of property, and in the later the case was
this :—Sir Joseph consumed in his house. in Solsovoquere, a
large quantity of coal, and was in the habit of temoving the
ashes, after they !rad pa-seal tbreugh their fu!l stage fur du.
mrotic use, 111 his place at II ^, in his butani-
cal pursuits, lie wished to apply them for his mauve uses.
Now that was the exact purpose for wiceis the Legislature
meant to preserve them Air the dust contractor, and was
clearly what the law intended to prevent. 'fire her did ant
tolerate a claim for coke nor for goldamithe arises in thin
Act ; and when there were such distioctions it behoved the
Court to examine each case as it curiae before it, and to de-
cide exactly as the merits of e.reli •ropeared to rcquire.
was the present case ? tVns it a (refill 111E111 th contractor,
by the removal of doss from one man's renit.., to he ap-
plied to the uses of smother, or to be made a profit uf, by
sale or application as a 41:stirret cemmodity, from that which
it originally was?—No anch thing; it was in a state ref
delivery as dust, but acitrally passim thrones an reterme.
dime process of consumption as fuel, in a manufartory where
that fuel was used. Such home the fro, lie thought the
information could riot he sus:aim-if, and oust be therefore
quashed.
Mr. ALLEY said, HMI Ise we' 'early to bow to the deck.
sion and clear disroictoor whir h the Chaiisn an deew be.
tweets this ease anal °Ours which had been decided under
the Act.

The CI►4tRIIAM obscis-ed, th tt the law never could have
intended to tile the ilit.t cutitririors the privilege of say.
int what was dust or whit was not. Whin II bet-aline dust
it certainly hee.une his property on n tnuval, bat not ether.
wise.

RIOTING AT lION ET AND Fll %NCIS'S FUNERAL.
At four o'clock; the regular burins of the &grim' hay.
tug been Wrought to a close—
Mr. Wat.Fostrt addressed the Clisirtniui, mail said, that be
had yesterday applied to the Court to bare the recognizance*
of two men, named Joins Fly and William Grigilbs, retreat.
ed. they not haying appear/it, is they were 1,,0ud to do by
their recognisaticea rowed into me the ?Atli August to
answer a charge of ►iot at Knightsbridge on the 26th or
lhat Month, and for which a bill of sudtrtnu•nt had been
found agaia•t them. Ile mow understood dist our of the
parties was forthcoming, 24111 he shunlil therefore raiment
himself with applying to hare the reenrtnlz•nrea of the other
polio Fly) e•treated. The Proweutorii wi re ready to go to
tiial on the indictment 'gaunt Griffiths, whu was now in
Court.

Woo. Griffiths was then put In the bar, and pleaded !Vol
Guilty to the indictment, for riotously arse aulallog at Kuigiats-
Widgeon the 261 b August last.
Mr. WALFORD 'laird the case ; he then proceeded I. cull
his wilnrsas. The first was

Geo. Edward Blanc.—He said he ws, a constable, lila.
Honed on the day in que•tion at the ba, r. •ka, Knightsbridge,
and the neighbourhood. Mr. Conant, tee magistrate, was
there. A large mob were untatilv. hooting very much, and
throwing stones over ihr ;masa Kant. The Magistrate
then mead the Riot Art, and witness gave notice, by holding
•p • placard to the mob. They atilt continued ihrowing
stone% and n: ones and other constables were ordered otat
dispense them. We said that if the) did not go away, the
military world he ordered out. 111tnea, believed he might
bare streiek the Prisoner, for be slid strike or po.li with his
stave those who kept on the spit. Witness heard the Pri-
soner exclaim, " Stand, you cowards, stand!" and he be-
lieved the words were addremeil to the mob. though the man
said afterwards lie meant them for the a,bliery, or the con-
stables, to keep them at their ditty lie refused to go home
when required, and said he heed it los llier'Y, joist ou
the spot. He made no resistance whatever to his caption.
{Vol. Creagh, jeweller, said he was a •oetial constable
etationed at the barracks. He eise the people riotous soil
huotiug: the Prisoner was hooting. Witneas order.d kiss
to go on; be said he would not, he way Ilene hie own home;
and be called Out " Stand, cowarila, stand!" He went on
very quietly when taken, nor dub hr make any resistance.—
He said be lived close by at his widher's, and did not mean
the expressions be 11$111 for the b
Mr. BARRI' said, that he ions counsel for the Prisoner;
but that really he Yaw nothinz 111 tie Cilie to render it neces-
sary for him to address the jury. There was no proof of the
Prisoner being riotous ; he bad denied at the time the ap-
plication to the mob of the expressions lie bail sited; he
made no resistance; and 1/1114 rietuyily carried away a pri-
soner because be would not quit his mothre.l dour, where
he lived.

The Jury here interrupted Mr. Barry, and said they were
qniie neighed.
A veriln s of Not (kitty was immediately recorded, end
the Prisoner was disebaraed.
CHILD DROPPING.

GUILDHALL.