The National Register.
London, England, 1822-08-26 00:00:00

AMERICAN TREATMENT OP DRUNKARDS.

NBW YORK, Jot.Y i6.—By an act concerning the
estates of habitual drunkards, passed March 16, 1821, it
is enacted that it shall be lawn, for the Court 01 C 11.111•
Cerl/ to exercise a jurisdiction in regard to the estates of
persons who shall be incapable of conducting their own
affairs, in consequence of habitual itrinikeimess,
iuttlar
to the jarisdiction exercised by that court in regard to
the estates of lunatics. A commission in the nature of
writ de lunelico inquirendo, which was executed at the
Futon Hotel on 7 iturstlay last was probably the first
proceeding which has been had ler the above act.-
1.1 was directed to Peter A. Jay„ Dr. I) Hosack, Dr.
Ackerly, S. S. Gardiner; and Henry Post. jun. com-
manding them to enquire by the oaths of good and law-
ful wen, whether J. H. was incapable of conducting his
own affairs, in consequence of habitual drunkenness,
and if so, then to enquire concerning his estate, Sec.—
The jury having been sworn and charged by the pre-
sidtug co 11111 l issioner, Mr. Dycktuan, stslicitur for the
petitioner, called several witnesses. Dr-Crick :estified
that lie hail atiended Mr. H. three or four times tai hin
the last two years, :or mania, produced by intoxication.
Dr. Seaman had attended hint, toixtlm with the last
witness, twice during the last year. Both the physicians
were very certain that these attacks, which were ttly
severe, and each of which lasted several weeks, were oc-
casioned by excessive intemperance. They had cautiened
him repeatedly, but in vat's, against the use of ardent
spirits. A number of other witnesses, the friends and
relations of Mr. H. testified that lor a long time past hr
hail been in a state totally unfit for the transaction of
business, being continually either to a state of intoxica-
tion, or sufrerisig tinder it e consequences of it. Mr. H.
attended in rrson, and cross-exansined some of the wit-
nesses, but his appearance and manner were strung tes-
timony against I . It appeared that he was a grocer,
that lie had begun business with little or nothing, and
by industry and good management had acc 111111 l !aka! a
handsome fortune, which he was now wasting: His
family had applied to the Chancellor for attic 1111111 l 141011
as the only means of saving hint from row The testi-
mony being of the strongest kind, without any hesttatton
signed au inqinsition finding I • incapable of conducting
his own aflairs by occasion of habitual drtitskenness.—
A committee will now he appointed to take chirge of
his estate, and his own acts in relaion to it will bt void.

VOYAGE or DISCOVERY.-- the Coquille corvette.
e mimanded by M. Duperrey, Lieut. de Vaisya'', the
fi ang out of which has occupied some months at ToU-
-10 I. mailed from that port 011 the II th of the pr..seiti
M nob. She is about to undertake a voyage, fr•int which
res Its interesting to the proaresas tit geography and
physical science may he expected. The equine will
first sail for the Cape of Good Hope. She will ader•
wards proceed to the Great Archipelago of Asia, severai
parts of which she will explore. Site will also t isit the
points of the western coast of New Holland, wild:,
were observed towards the last, and commencement of
this century, by Hear-Admiral Emirecasteaux, and Cap.
liaudin; and after putting 11110 liOlllC of the islands id
the Pacific Ocean, discotered by Cook and lisuimain.
ilk, she will return to France t.y doubling Cape Hum
M. Duperrey is to avail himself of all the faint:tripe
circumstances which this lima voyage may resew, to
make different cdoervations reknit e to the configuration
of tie gldue, the inclination of the needle, &c. br...serai
01 tl e members of the Academy of Sciences and the
Office of Longitude have manifested their zeal tit com-
ntunicatim; to I instructions fur that ptirpoe. No
meat a oh ch could prepare ihe success of slits txpeditton
have been negLcteil. Tile corvette ham been fit,e.l out
with part' .ular care. The crew consists of picked sea
semi. I event of recommet dation are I ttttt islicd to the
amnion &Ira of such foreign establishments as the (*o-
riel* may 'ilk. Finally, the zeal of all the supe-
rior lacers alior‘ls reason to hope that the
tnitf,tl to th•tu will be egcct tab us the Amu satiafactury
Gunner.

THE NATIONAL HEM:

ASSIZE INTELLIGENCE.

BRISTOL.
DOZ, DOH ISE Of HILL IL clime's.

This was an ejectment brought by an uncle to recover certain
property from the bands of his niece. The lady defended for,
Mary Matilda Creswicke, being • minor, her father, Humphey
Creawieke. stood as defendant upon the record. The case,
which was one of some herdship, raa thus : —Mr. Benjamin
Hall, of Baldwin-street. Bristol, died &boat the middle of the
year 1809 ; and passing by his son, the plaintiff in the present
cause, left his property to his married daughter, Mrs. Mary
Matilda Creswicke ; at her death to her children, sees or
daughters. At the time when the testator made his will, Mary
Matilda Creswicke, had a daughter, the present do facto de-
fendant; and • son who was levier; at that time being since
dead, that daughter, the present Mary Matilda'Creswicke, be-
came entitled to the property.
Mr. Gaselee, who led the case of the plaintilf.—John Bart-
lett Hill proposed to prove the defendant, Mary Matilda Cres-
wicke, an illegitimate child ; she having been born in the horse
of her grandfather before her mother's marriage with her re-
puted father, Humpbry Creswicke, and while her mother did,
In fact, still pass and go by the name of Mary Matilda Hill.
The certificate of marriage was then put in between Hamphry
Creswioke and Mary Matilda Hill. It was dated July, 15110.
Mr. Thomas Strickland, attorney at law, who made the will
of old Benjamin Hill, and who bad been acquainted with bits
for many years previous to his death, swore that the present
Mary Matilda Creewicke was born many months before the
marriage of her mother, and while her another atoll passed hy
her maiden name of Mary Matilda Hill. The fact at the time
was generally notorious in the neighbourhood.
Cross examined'—The witness admitted that Benjamin Hill,
the testator, had always treated the present defendant as his
grand-daughter.
Mr. Sergeant Pell. for the defend , dwelt upon the engra-
Oleos nature of the action, and contended that Mr. Strinkland'a
evidence was too general to sostein a verdict. There was a
farther point for the consideration of the jury ; a marriage be-
tween Humphrey Creswicke and Mary Matilda Hill might have
taken place secretly, prior to the public manner of 1506. If
Benjamin Hill bad not been satisfied with the conduct of his
daughter, he would not have behaved so favoufably to her and
and her children.
Mr. Justice Burrougb said that tbn Jury would not be war-
ranted in presuming • pier marriage. The question was, whi-
ther the defendant was a legitimate or an illegitimate child ; and
that question must he decided upon the evidence if Mr.
Strickland.
The Jury retired for about half an boor, mad at the expiration
of that time found a verdict for the plaintiff.
PIPPIN AND HUSBAND IA ELLIOTT.
This was an action for negligence by the defendant, whereby
dangerous injury accrued to the plaintiff. Mr. Elliott. a butcher,
residing in Bristol, puts a screen over the the front of his shop,
to protect his meat from the beat of the son. On the Ist of
of October last it happened that the screen was left out after
dusk ; and Mrs. Pippin, a milk-woman, striking herself against
the iroa of it, was knocked down by the blow ana very seriously
hurt.
H appeared from the evidence on the part of the plaintiff,
that the accident happened about six o'clock in the evening.—
Mrs. Pippin was coming along with a pail of grains upon her
head. When she struck herself against the
fell with her head upon the curb-stone ; she was takes op in
sensible, and carried into the defendant's shop. After some
time the plaintiff was takes home in • chair. She was evi-
dently much hurt. Four doctors attended her, bat she re-
covered notwithstanding. She remained ill and incapable of
work fur nearly five menthe.
Mr. Sergeant Pell, for the defence, contended in the first
place, that admitting negligence to have occurred on the part of
the defendant, still, if there had been a want of reasonable earl
by the plaintiff, there could be no recovery in the present action.
The declaration of the plaintiff, as soon as she was Weight to
herself, and while she was still sitting is the shop of the phis-
shop of the defendant, clearly proved what, at that time was
her own view of the case ; she said to Mr. Elliott, " the fault
was my own ; if I had let go my pail the thing would not have
happeoed."
Mr. Adam, in reply, insisted that there had been no culpable
carelessness on the part of his client.
Mr. Justice Burrough said, that the fact of this screen having
been left out after dark, would of itself have been sufficient to
support an indictment ; but an action for damages must stand
opoo different ground. Now the jury would dismixe from their
minas altogether the argument as to the plaintiff 's having • pail
upon her head ; she was entitled to carry the pail opus her
bead, and to walk upon the footpath with it, and to walk unob-
structed as far as any reasonable height with it. Artisans of
every description were in the habit of going along the streets,
towards the evening particularly, with their goods upon their
heads, and the streets most be kept clear that they might so
peas along in safety. If the jury were satisfied that the
plaintiff had sustained injury, they would understand that
she had sustained it in the ordinary and iawful exercise of her
occupation, and they would be bound to give her each tempe-
rate damages as might recompense the personal buffering to
which she had been subjected.
The jury, afier retiring for a few minutes, found a verdict for
the platuutf—Damages $Ol.

RAE V ACRAWAN AND OTHERS.
TUESDAY. AUGUST 20.—This was an action for a nuisance.
Mr. Adam led on the part ;f the plaiotill, and Mr. Serorrant
Pell appeared for the defendants.
The plaiutiff is a timber-merchant carrying on business in
Bristol ; the defendants are great anchor-smiths, having conti-
guous premises in the wine city ; and the complatot was, that
Messrs. At roman. had of late much estended their manufactur-
ing operations, electing new furnaces, forges, and engines,
whereby so much smoke and foot was driven into the deal yard
of Mr. Hankie, that his goods were injured, and his repository
rendered untenable.
It appeared from the evidence in support of the ease, that the
incouvenience sustained by Mr. Rankin rr as considerable. N car
live and thirty dues ran from the manufactory of die durendants,
which covered the timbers of the plaintiff with grit and soot
to such a degree as diminished their tradeable value.
Mr. Se r aaa I Pell relied, for Messrs. Acraumus, the deka-
dant', upon showing that the priority of occupation was Mittens:
and that the plaintiff(Mr. Rankin) heti talen Its premises sub-
ject to a very matenal proportion of the iocouveuieuce be now
complained of.
Mr. Justice Barroagh, when the cause had occupied some
time, 'Nei:eater' the advaotage to bolo parties, of a reiCrence.—
It was well kuowo that these chimneys could be made to CUY•
clinic their own awoke.
Mr. Sergeant Pell said, that he would make the plaintiff an
uiterr. The derentisats mete undo% to take his y and uli
Ingia4s, g say rent which a lair appraiser au‘ty. pig epos it.
Kt. Jetties Barrant limiest the popes& awe:rusty res.