The British Press; or, Morning Literary Advertiser.
London, England, 1818-11-19 00:00:00

THE HERRING FISHERY.

Nearly all the fishing boats frees the Yarmouth herring
fishery arrived at Whitby, on Tuesday sensiglit. They
have bees spot she whole very sumensfel; one beat having
obtained 30 last, sad several upward, of to each. The price
per last this year has been St, besides OW. fur each boat
steerage emery. The anunber of heats free Whitby, Robin
HOW'S Say, Renswieb, and Smiths, is M. Each beat car-
ries sit men sad two buys. The Huse nasally employed is
Asking is about sus weeks. &apposing then the average to
he IS lasts per bum, the asesaber ed Impala IC at W. per last,
and M. nod best sleeved, uneasy, the Mal predate of the
Ashety to the lisbersomi this year, will be 11,0111. ! The pm-
mods of each fishing espeditien is divided into Ws mud a half
aborea.—one share is assigned tithe owner for the beat, one
share to emit of the live mew, and the half slime to the sixth
man. A new boat mete abontlWel. besides 1001. for &Wag
Tear, or M. per seamen& at the Ave Men ceatri►ntiag his
Ware of labia, entitle. A last of herrings is 10,500, reckon-
ing six were and twelve le the hussar* se that a last is, in
fam, 13,10.50. It thirds!, appears, time according ti the
staled average, the astonishing •ember of 111,1144,1100 her-
rings ►ave herr taken by theme Id home, is the sheet space
of six weeks.

/ART SUICIDE.

thews Tho Nomadic agniele]

For same time past rumours of a wont shetekiug occarreace
hairier taken place is the county of Northisnibrrland, have
bars current is this towel, sad we are sorry to agate, that
they have proved to he but too tens. To oar peat surprise
we have ant brand a ward upon the subject front say of our
northers correspiludents, bat 'rebate?. the fallowing par-
ticulars to be wearlycerrect.:—
Os Tuesday last two Walters, of .ths none of Young_
husband, resipactidie tendert; vaiidltig at Meekly" Grange,
sear Alawick, were footed lyiiig dead is ewe of their owe
fields, with their threats int. Iu the course of the after-
stiou.'sor of thew had been soperintendlag theses plough-
ing, and had given the saes orders to unyoke their harm,
when be was called iels as atrjoieisg field by kis brothero—
The stew aeriesdiagly *eat home, and MOO tints havirit
elapsed, and their masters not cOushag house at their uses.
hour, search was instituted, when thriy bodies were found,
is the laid Into which the sae brother bad called the ether,
tying widiiii twenty yards of sorb other, with disk &Nob
cut, and a bloody reser lying at the side of each.
A Cveoser's Inquest wan held out the Maks ow Wednesday,
and sat till owe o'clock oe Thursday osoresing, whew it was
adjuaraal. It agaia met ea Theraday, Cud sat the whole of
that day, and was again adjonnued.
The deceased 'weseisperartia of ad yews of age, in alluent
circluaselaaces, and enselpetelde composioss.

EXTREME DISTRESS.
An inquisition was glign minds, afternoon hefure
Thuds, Natt.rom, Esq. Girona at the Eagle sad Child.
Shue.lane. on the body of Eleanor Newman who wig found
dead, on Tuesday morning last, ender i @tattle Fleet-market.
Mrs. Martha Widen, landlady of the Goddess Key, Fleet.
snag keg, deposed, that so Monday night, abseil nine o'clock,
the deceased cams into her hones and asked fur a glees 'of
gtii ; she seemed very mach agitated, sad bunt into tears;
she afterwards took soother, glass, and asked witness for a
piere of bread, which she wive bet. The &leased then ii.
formed witless that she was in great distress • her bus.
hand had dose. tea her, and she had no hems to ;better her.
Abuitt eleven o'clock maim. eight the deeMdeel toot lota
witneloe's house again, sad asked for a gbas aim of gia ;
witness informed her that she had *ma eithegh ; Acre-
plied that she wiss pedettly sober. The *ended went colt
of the her and about amen u cheek ow the followilit morning
witness beard of the deceased's death.
Mr. Wittion, mimosas in Fleet.marktf, depeird, that on
Tuesday mu ruing, shoat live o'clock, bells. in Flemmsarker,
and saw the decries-a hying under Mall No. 2 ; her 4,4 y was
reposed to the weather, and he covered her; she was then
esker, lying too her fade. Wiliam wont again to the de-
Mama in an hour after,
. and sew bee lying in the seine
place ; she breathed very bard. About half-peal six o'clock
the deceased wail discovered to he dying: a surgeon was
sent far—but it 'was a quarter past *even before any espial-
ante cense, and the dreemed was des dead. Witness had
frequently wren the decemed tying about The market,
but had ,resailvtil Out to interfere, because a short time
ago he saw • woman lying in the street in the mid.
ilk of the night, in Holborn, when he told a watchman to
take the person to 11. e watch-hollow, and he refused, and
threatened to take site witness there if he slid nut gut about
his lousiuess %Illness did nut hesitate to ray that If medi.
amletanee had arrived 110Ulitt, the &ceased might have
recovered. Witness gave a female a shake( to fetch a gill
of wine, and she abocessard with the money.
Mr. Moookhaso, Resistant to Meares. Wilmot. chemists,
Ste. lloollsoros-hridge, depuorol, that he was called to attend
the sherbert! on Totraday merging ;Seam her about a qn er-
ter met arrest o'clock; *he was then dead, and appeared so
have expired *hoot des amianifee. die understood the tle-
reseed was in the habit at *Whist excessively; rf she was
KO limier on Meade, eight, sad was Ames, lying on her
face, he shooed think she wee suffocated by the tremor, °Here-
a kr she might have died frees being exposer, to the weather.
_ . . -

The Jury hoped that la future the matehunen of the mar-
ket would mot stiffer poor penman to he abated espossil to the
aorlencmey of the anther.
Mr. Lre, the Beadle id the Ward, stated tie the Jary, that
it wits impossible tO prevent persons lying alien. the market;
he haul taken between aft and SO persona, for three der me-
iotic whom be had apprehended in the saasket, before lag
bird Mawr, soul still the evil existed.
Vesilict—Died by ?he visitation of God.

Then. is at preoesit in the garden of Mr. STFPIIEK
K KMULK, at the Grove, haror Durham, s
ha:IMM tree in full Woos

LAW INTELLIGENCE.

UNCEII.OIIII COURT, Wmanantaa
WzairssatT, Nora es Is.

Ray V. JOUST.
Sir Amin tie !honon stated, that this was a bill
filed spinet Abe Defendnut (or the 'Neale per-
formance of a contract. Iltibtlenduint had agreed
to purchase from the resounded's!, of a Mr.
Bunke', deceased, • certain estate, for which he
was to pay Ilse sum of i. 600/.; he afterwards re-
fused to copiplete the sale, on the plea that the
Plaintiffs could not wake • geed title. and it. was
sent to the Master to inquire and report if a good
title was vested in them, and he hod reported that
it was. The Defendant hid taken an exception, to
the Master's report, cud it came before his Haunter
ou that exception.
Mr. HRSLIS, Counsel, for the nefendont, said,
that the testator, by his will, bequeathed the estate
to his three daughters Mod their issue, and also to
the childrem of a deugtter,Who was dead at Mite
time be made his will. His first ground of 'mew-
tiou to the Master's report was, that some of the
children of the daughters were minors, and could
not legally part with their isitereitsia the estate.
Sir ARTHUR Plocors—" That is provided for
by the proposal of sale, which allows the purchaser
to hold iu his possession the respective unionist of
the shares which the infants are entitled to. until
they obtain the age of SI, ou his paying five per
cent. interest."
His Honour the Vice..CllANCel.'l.oli—"l thielt
that objection sufficiently answered."
Mr. Hx•Lo said, his uext objection to the title
was, that the two surviving daughters of tile testa-
tor might have further issue, who would be enti-
tled to their aliquot shares, said they could not be
represented in the deed of sale.
Sir A. Pioneer—" There can be no danger
from the claims of their future issue, fur they are
upwards of 70 years of age."
Mr. HittiLD-4, In a legal view their great age
makes uo difference. I believe it was never defined
or determined, in a legal pond of view, when • fe-
male was passed child-bearing. Lord Coke did
say, that if a woman was 100 years of age and up-
wards, she could not be declared in the legal sense
to be beyond the possibility of having children. I
confess myself ignorant ou the subject, and the only
authority I can find is that of Lord Coke; and on
his I rest my case, for if a woman of 100 years and
upwards was not legally divested of the probability
of having issue, it is impossible that a woman of 70
cam be. There is another objection to the title, for
by the will of the testator the treated cannot give a
receipt to the purchaser for the purchase-money of
this particular estate, although that power is vested
in them by the will for other estates."
The Vaci-CHANcELLoa—'s Hand me up the
will."

Mr. &mg, Counsel on the same ride as Mr.
"(BALD, said, that the first thing the Court had to
determine was, whether the physical impossibility
of a female haring issue after she arrived to the
age of 70, could be considered as • legal impos-
sibility ; if the Court came to the decision that it
was, then a question would arise, whether the
physical impossibility was correct. His Learned
leader had told the Court, that Lord Coke said,
that a woman being of the age of 100 could not
be considered as a legal disability as to her baviug
children.

The Vick-Cnaticzu.oft—'4 As to the possi-
bility or impossibility of • female's bearing child-
mu, on account of her advanced age, this, Court
never came to a determination. The only' instance

of this Court's interfcriug has been, when a aim
of money has been in Court, depending on the
issue of a woman ; and when she bss arrived to the
age of 70 or 00, without issue, the Court hes or-
dered it to be paid out to the expectant, he giving
proper security to refund it iii the case of issue.
But that question does not bear on this case; for
on 'oolong into the will I see that the dougliters
of the testator, with the consent of the children oaf
their deceased sister, might sell. Their tltildree
certainly have in interest, but it ass collateral one.
I thought your best ground to suppekt the excep-
tion, Mr. Heald, warn that relative to the trustees
not having been given the power hy The will to sell
the estate, and give a receipt for the purchase-
money ; but that is made unnecessary by the will
itself, in which the testae* declares, that his three
daughters, and the children of his fourth daughter,
then deceased, might sell the estate : and further.
that they might sell their component parts without
the consent of the other parties. Under those cir.
cumstances I disallow the exceptions, and confirm
the Master's report."

COURT OF RINGS BENCR, Warriatsara,
WrIDOIDAY, Is.

Tag KING V. Tilt INHABIT•NTI 0/1 Rst!Moult.
On • former day, • rule had been obtained to
shew cause why the order of the Justices, for re.
moving • pauper of the name of Driver. to the,po.
rich of Oebenham, should not be quashed. The
Defendants admitted, 'unless they could shew that
the pauper's father had originstly been allowed to
reilide in the pariah of Debetiliant, under a eerlifi.
cute from the neighbouring parish of Kentluim, by
which the former parish was exonerated from any
burden which his residence Might appear to create,
that then Orient's settlement was • correct one, and
they were bound to provide for him. In support
of their case, they did not produce such •Certift:.
cute. bet they brought forward a book, entitled,
g' The Register," coNtaining a variety of orders and
notices, amongst which, ender the date of 1771 s
were found two entries,

Cawthorn. with cert ideate from the pariab of Keatti•int.
- Driver, do.
Mr. NOLAN was now heard in support of the de-
vision of the Justices. He argued. that, if three en-
tries were allowed to have weight in the case, a
would be a precedent for receiving secondary evi-
dence. Indeed it would be an encouragement for
parties wieder ainitidr erroasObstailcira„ to fabricate
deuce for thentgelves.

Mr. SCAULETT, o,i the other side, contended,
that the evidence produced was the best that could
he °Gird, the origuial certificate bring lost, and
ought, therefore, to be received. The doemneot,
it also should he observed, was found in its regular
place,oluongst other records of a wind ir nature--a

'cirenipstance that destroyed the idea of its not
being "genuine.
. The Cotner held. that the entry in question was
undoubtedly secondary evidence—end that it would
be completely contrary to the estuablished rules of
evidence to receive it. IT it. were received. it would
be sanctioning a system by which persons interested
lit ones of this kind, might feel themselves en-
couraged to create evidence in their own cause.
•c• BuLtocK v. croons..
.This case, our readers will recollect, wits argued
before the Judges at the late Siii togs et Serjeasit's
lino. Hull; but, being of great impoitatice. their
Lordshipr desired that it should be re•argssed.
The question was, whither a knot), ettaiiiird of
Capital felony, his sentence having ,been, commuted,
cooliracquire such a title in propertj, us to be able
to maiistankin action in his own right., The Plano-
titriiiid been convicted of cosicealidg his properiy,
he being a bankrupt—but the capital punishspeut
woo remitted, and he was. trasasported to* New
Sonth Wales.. He there received the Governor's
Ikea*, to return to England. and wss pardoned
conditionally—.but that pardon had not passed the
Great Seal at the tissue he sued the Defendant on a
bill of exchange.
„A plea, in bar of his action, was
patio. Itwas supported on the ground, that the
Plaintiff having received no reguleriondon. mauler
the Great Seal, he could not maintain his suit, his
property. of every description. being forfeited to
the Crown. Two questions were to be decitleil;:
first. whether chaser, in action, after attainder of
felony, were vested in the Crown, without reco-
very ?—and next. whether, iustead of a plea ill bar,
it should not have been a plea in abatement ?
Mr. MANNING yesterday, it great length, sup-
ported the proposition, that chores in action did
vest iu the Crown. Sifter attainder of felony., utiles*
a pardon were grouted under the Great Seal—and
also, that a Wets in. bar. and not in abatement,
was the legal course of proceeding in this case. He
quoted very largely from Broeton, and other ancient
writers in support of his opinion.
Mr. F. Pott.ocit, coon:, argued, that the
plea in her could not be sustained. Re chntended
that there were no dicta, and still less decided duets,
to prove that a chose in action. after attainder of
felony or outlawry, vested in the Crown. All that
could be said of the prerogative of the Crown in
such a case was, that it extended to personal
goods and chattels, actually in possession of the
felon at the time of his conviction.
Mr. MANNING was this day heard in reply. Ile
did little more than recapitulate hit farmer argu-
ment.
The COURT intimated, that, as this question
was likely to affect many persons in society, they
would take time to cousider it thoroughly, before
they gave judgment.
, .
THR BING v. the INHABITANTS of BAMFORD.
Mr. MARRBATT stated, that this was au appeal
against the decision of the Magistrates of she
county of Bucks in Quarter Session assembled.
who had confirmed the removal of a pauper of the
name of Smedley, to the parish of Bamford.
Mr. 3ustice BAYLNY interrupted the Learned
Counsel, observing, that the case laid before him was
not signed by the Chairman of the Quarter Sessions.
It bore. indeed, the strustures of the Coutirel em-
ployed. as if it were a special case reserved for
their Lordships' consiskration. This Was a course
wisolly unprecedeuted. The paper placed its hie
hands merely stated, that the Justices confirmed
the removal. leaving it to the appellants to apply
for a revision of the judginent to the Court of
Kutig's Bench. if they thought proper. Their
opinion was wt. however, called for, in the regular
way. by a document signed by the Cloormats—and
no facts weee staled Su the paper placed before
them. If. therefore, the fOurt prciceeded with this
case, it would he a 'precedesat tor irregularities of
every description.
Mt. itchnth hoped the 'Court Would hire the
tube sent back to the Quarter Seisions, in order
that it might be wore regtilarly stated. He hoped
the parish, for which he uppeorid. would not be
ousted. in consequence of ati informality which had
occurred at the Quarles Sessions.
The Cs:Alia directed that the 'case should Stand
over. Chid Geutlecuen would then have KO opiiortu-
'My of applying to the 'Court of Session to put the
atatteela a proper Nth'. On affidavit being made,
the present return might be taken from the tile,
and a worm reliular form substituted. This was all
the COurt could do.

'MAN DAUM.
Mr. MARRYArr unwell for a rule to thewettoc
why a writ of stomiustme should not be directed to
the Mayor and Janata of the Borough of New Rom.
ney, ordering them to admit Mr. John Sawyer to
the freedom of that Borough. There were a Va.
riety of modes by which a person might beconie
entitled to the freedom of any of the Cinque Ports,
and. amongst the rest, of thellorough of New Item-
iiey. One of these was, the resitleoce of a person,
for a erratic, period, in the town, mid Ms pnrchise
of freehold property to the amount of 40s, per
annum. Mr. Sawyer Irst gate proof of the gene.
nil custom, its extending to the Cinque Ports, and
applying to New Romney; newt, of his having re.
sided iu New Romney; and lut, that he had mei.
quirrd freehold peoliertY there bed the amount
of 40s. per annnin.—Rule granted..
Mr. Casimir moved for a rule so die, 'emote why
• Neowelawale should not be directed to the Commis.
Rimier. 'appointed under the New Street Act, cow.
minding them to isstie their writ to the Eailtif, in
order that he might eisipminel a Jury to memo the
damages sustained by --- Ellis, iu consequence
of their proceedimes. Mr. Ellis gave them the re-
gular notice., lavt )ear, that he had fu.tained di.
'nage to the minting of i,0007. The damage
complained of was of the desctiptien for which the
Act of Parliament provided. Mr. Ellis formerly
resided iu Piccadilly, and the home neat to his
being in the direct line of the new street, was
pulled down by order of the Commissioners. This
operation atirscreel Mr. Ellis's house very 'smelt—
ia couiegurfice of one of the walls felling
down, he had been obliged to gen.—Rule vented.
Mr. %VIM LI A MS moved for • rile to skew ~.use
why Robert Rinses, 1141 attorney of the Court,
should pot pay over time boos of lAN. to a lady of
the tome ufStultes, and also give up to her all
papers, in his posaession, connected with het' af.
fairs. This reittlemais lied hens employed by Mrs.
Stoke', out, lie L.liritd, to rusticate any tkoksi,

•
• r.
• •
secs lei k-olln, snd, to Jane, 1.317. lie was tag*
to butte 'forked WO/. ais liar otecuilt.
Air. Jostler .11Airt.E.V Inquired. whether this
snowy was rccorertti is. soy metioicbruliglit in that
Court ?

Mr. %Vir.i.`fams answered. iluit it ona not re.
coarred iss ruy eisuoe--hist shiwirtite that Mr.
Barites war an 4111/11117 of the Cusiri.
Tile CHIEF luefitg.." %V. interpose.
unless the person 'unveil ugliiiibt lb.s acted in hi 4
character 14 iittorury. Ilea, itua'tver. he appeals
to have he!ii • !nese agent."
Rule refused.