The National Register.
London, England, 1821-03-25 00:00:00

nuisance. in obstructing a public foot-path in the parish
of St. Lawrence, leading from Ramsgate by the cliffs on
the sea shore to Pe_well Rte.
AI r. Rolland with whom Was Al r. Chitty) led the case
or the prosecution. He stated it to be a case of very
considerable importance to the public, and more espe.
clans, to the visitors of Ramsgate, as a watering place,
%lime pleasure and comfort would be materially cur-
tailed if the prosecution failed. It also involved a very
important cptestion of law, which, if the learned judge
now presiding would not take upon himself to decide.
might be the subject of mature deliberation in another
place. For a period of time beyond the memory of
man, there had been a public foot-path leading from
Ramsgate to Pcgwell, by the edge of the cliff, which
had been mused by the inhabitants of the former place
without interruption by the owners of the land over
which it went. About 35 years since a gentleman,
named Rpose, built a marine villa on the sea shore, and
Inclosed a lawn and shrubbery, leaving a space between
the outward fence and the sea shore of about 3u yards.
That villa was subsequently occupied by Earl Darnley,
and afterwards came into the possession of the defendant.
During the period above-mentioned, the cliffs had re.
peatedly caved in to a very great extent, in consequence
of the violence of the sea, and the rain and frost during
the winter months. As these inroads were progressively
made, the foot-path was destroyed, but the persons who
had been in the habit of rising it made a fresh path far.
titer in land upon the adjoining soil, and even went O'er
crowing corn, in the exercise of the right of footway...—
No complaint W 35 ever made by the owners of the sod,
in cousequence of this encroachment. It must be ad-
mitted. however, that the farmers were in the habit of
ploughing the land to the edge of the cliff, or as as near
in it as sanely to toe cattle and ploughs would permit....
In progress of time the cliff was washed away to the very
edge of the defendant's fence, and in the result there was
no around left for the foot-path. The question now in
area was, whether the inhabitants and the public had
or had not a right to carry the path which they had here.
toforeenjoyed through the de:endant's enclosure, which
was now impracticable by means of the fence. which
he had ever since continued from the time he came into
possession, and which was the gist of the present in-
dictment.

No less than ten very old men proved that the path
had existed in the manner above mentioned fur upwards
of sixty years
The Lord Chief Baron, in his charge to the jury, left
to them the question of fact, whether the allegation in
the indictment that this was a public foot way had been
wide out. As to the question of law, that would de.
pend upon their verdict as to the question of fact.
The Jury deliberated a few minutes, and found a
verdict of Not Guilty, thereby negativing the claim of
ootpath.

CIVIL SIDE.
MARCH 21.—Bowyer v. ti'aikalane.—This was an
action fur words imputing that the plaintiff had feloni.
ously stolen a sheep
It appeared in evidence that the plaintiff, a butcher,
carrying on business at Fritisbury, near Rochester, had
purchased and paid for six sheep. Oti taking them
home one of them heta'ne ili on the road, and he left it
at a public-house whilst he drove the remainder to his
premises. Ott his returning to the public-house, finding
die sheep was past recovery, he cut its throat, and took
i: home in a cart at four o'clock iii the morning.—
Tim defendant, who was a bailiff to a gentleman farmer.
happened to witness this part of the transaction, and
suspecting that the sheep was stolen, followed the
plaintiff to Fritisbury, knocked up some of his neigh-
bours, an I called upon them to assist in apprehending
the plaintiff, charain2 him at the same time with having
stolen a sheep. Tile matter was afterwards satisfactorily
explained; but the defendant having a:rain repeated the
slander, and haviii2 taken no notice of two applicatio.r
made to hi in to 1111,1 J ke apolnay, the present action was
brought to vindicate the plaintiff's character, which had
been materially injured in the neighbourhood in conse-
quence of the accusation.
Alf. Rolland addressed the Jury in mitigation or da-
!nages, and contended that, as mere was evidently no
niihcious ittotsve totrutitt,le to the defendant, mere no.
initial idima.tes would satisfy the justice of the case.
The Jury, under the learned Judge's directions, found
a verdict for the plaintiff—Damages

CHOWN SIDE.
Stephen Green was indicted fur hurglarionsly breaking
and viiirt ilie dwelling house of the Afar us of Gala-
den, in the parish of Seale, in the county of Kent, in the
night of the 9th of Notewber last, and stealing a large
of household and other linen to the amount
,if 411.

It was proved in evidence that, on the mornine of
the loth of Nit ember, the laundry of the Noble Nies..
quis's house was found to have been broken °win,
during the preceding night, and the property in question
stolen. In the course of the same day a basket of the
linen stolen was discovered concealed in a quarry abort
a nide front his Lordship's house, and three men were
stationed to watch who should come for it in the course
of the night. Between twelve atilt one the prisoner and
two other men approached the quarry with a horse and
cart. The prisoner went into the quarry, uncovered
the basket, and was in the act of removing it, when the
Imo on the wa ch rushed out upon Inin. lie whole
party ran away, and the prisoner WAS not arrested until
nett day, when lie w.s taken in the neighliour hood, in
company with another matt named %Vhartom—Tl •
prisoner=s person was positively swot n to by the persona
who had seittiessed his escape,
James %Vitamin, an accomplice who had tu.ned
King's evidence, deposed that the prisoner came to hnn
on the 6th of November, and proposer; to bon to rob
the Marquis of Caunkti's laundry. It was agreed upon
between them, and tile witness went with Lireen, and
showed him the window at which he might most eisil
break in. On the met Saturday Melt Green came le
• ' again, and told loin that he haJ done the job on
tile Thursday Mont Lenge, that the attt was hidden to

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