The National Register.
London, England, 1819-07-26 00:00:00

TIIE NATMNAL .nEGISTEIt

Curers in England, have resolved to shot up their mill ;
and at the close of the resent week they w ill finally
suspend their operations."
NVe leant that the object of the above-mentioned
" Union" is, Ist, toads atiee the price of labour; and,
!Idly, to ensure constant employment. And the means
proposed for effecting these objects are, Ist, to dicoirsish
the hours of labour ; and, 2tlly, to restrict the weekly
earnings of the workmen to a sum not exceeding front a
goineu to 2-ts. a-week. This stn. it is supposed, would,
at the advanced prices, be obtained by eight hours' la-
bour in a day; and the supply or goods. the projectors
imagine, would, in consequence, he reduced to a level
with the demand, whereby better paces wools' be ob-
tained Moth at house and in the foreign markets.—Leeds
Met car y.
During the present weeks a paper has been zealously
handed about for signatures, requesting the Mayor to
call a public meeting, to dike onto consideration the
question of reform. On its being presented to the
Mayor, he deemed it advisable to consult with his bro-
ther Niaxistrates upon the subject, and indite end-he re-
fused to comply is ith the requisition. We usiderstand
that the reqiiisitionists hair, ii consequence, duke:timed
to convene a meeting themselves ; and an advertise-
ment, announcing the sante, • was acconlingly brought
to our office -last night; but for reasons which, under ex-
isting circumstances, must be sufficiently obvious to
every one, we declined inserting it.—Noilins hays Award.

LAW INTELLIGENCE.

COURT OF CoMMON PLEAS.
JULY 19.

ANDROS V. AN STICE.-

Aggravated Cale of Arnivlt avd Pulse Imprisonment.
This was an action fur assault and false imprwinnient, stated
to have been committed by the dehndam, Captain of the Henry
Pincher East fruit:Avian, Lilian the plaintiff; a Lieutenan in the
.65th Regiment.
Mr. tarrjeant Vaughan stated till case. The plaintiff had, lie
said, after having served many campaigns found it oeceasary to
return to England from India. for his health, which had suf.
.feted considerably. lie had paid Wu/. for his passage, and was
entitled to the most unquestionable good treatnient.—A dispute
.arose between the plaintitland defendant, before they reached St.
Helena, which ended in personal violence. The plaintiff chal-
lenged the defendant, end three shots were tired on each side,
on the Wand, after win:lathe seconds interfered and adjusted the
difference. The oefendant, however, retained a rtrol; Lenient-
branee of the quarrel, and chewed it is the following manner :
There was a young gentleman of literary attainments, named
Wharton, on board, the descendant of the pom. He ',rote a
letter, which he ilmigned to send to his friends en tile subject of
the rencounter, in which lie gave an untaroutable a intuit of the
defendant's conduct, Dy the advice of the plaintiff the letter was
' not sent, but was torn in pieces, and thrown into a nameless
place from which the ddenelant picked it. The watents were so
disagreeable to die Captain, that be immediately ordered Mr.
Wharton, VI ihl was a charter passenger, not to be allowed to that
part of the veal in which the gentlemen took ep their places.—
The plaintiffasked Mr. Wharton to his cabin, and was on that
account confined, though in an ill state of health, for upwards of
two months, to a wretched dark place, by his former antagonist.
On toe arrival of the ship at l'orranionth, and not till then, lie was
liberated. This war proved by the witueises who guarded the
plaintiff with cutlasses.
Sergrivn Copley called witnesses to prove that the plaintiffhad,
endeavoured to muse insubordination, and his conduct was in
other respects highly blameable. In this ho totally
The (lief Justice, in summing up mulniented with great
severity upon the conduct of the defendant, whose conduct had
been tyrannical in the extreme.
The Jury found a verdict for the plaintiff—damages 5001.
.awooma-
COURT OF KlN(i's lIENCII, Jror 23.

(Silliogv after Term at Guildhall before a Sperial Jury)

CO:f1.401,1 CAROILIts-BIKKITT AND CO. O. WILIAM.

This was an action bi might by Alt v v. airkitt and Co.
Airy-Natters, agaiii.t the propi ie., es of a stage conch fruit
London to Exeter, to recover .L 114 being the *rine of a
box of cochineal sent by the coach of the-defendant, di-
rected to J. Worthy, Exetet •
. it appeared that a letter aas ret.cived by the plaintiff.,
porporting to come limn J. Worthy. a dyer, ut .Ext lei.
with an older for the cochineal which ass ',cut' by the Ef.-
eter coach. After the snivel of the box at F.xeter, a
wan of the name of Mattel was desired by a p•rvon who
met into near the Inn, to go and usk for the package, led-
nag him the ptice was las. The man went and brought
out the box, which the slimier received and carried away.
The question a as, whether this was a delifery correspond-
log with 818 e direct inn. It was contended that the defend-
, ant was bound to deliver it to.J. Wurtliy,ofF.t.t•ter, instead
of w !deli hr 4101.14 rd it Ina stranger. The pi °pert., aft,
totally 1.1.1 to the plaintiffs, the *hole bring a trick play, tt
off by sharpers to obtain the cochineal. No older had been
sent by-Al r. Worthy tit' Exeter.
Mr. Alas ry I, ahostrpportrtl the pi:dna/re case, argued,
that the defendant., Is COIIIOIOII CHI I ler. were lie WV peg
the sable of the box., becate.e they haitlelivered it nude
circumstance. which made them answerable. They tacit.
not justified !Fruiting up a parcel to any one who happened
to know the pike chat ged foe conveyance, and the mune
of the licivou to whom it was nitec Led. •It was the did,
of the defemlain. to take patcels to the residence of the
peesusis to %hoist 114 y were directed, and it 81n2y aonld
detivt r goods in their effice, they should at lewd take
vouches, for the delivery.
Alr. Seat lett route-wiled, in behalf of the defendants—
First, anti they wear not liable for the elite of the geoids
because they had but been paid for in the Coact' office ac-
cording to value 5,c00n.4, that the plaintiff. hayhtg
Vat It'd with their tight in the property, at could
.uut vnpport an action. The person wiiti stood In ibr sign.
.sllOl5 of buyer, pianfely, Worthy, of Earter, could only
sue fur the non-delively. It war, tinder all the circuit
h, smelt a delivery ns any carder, exercising reasor-
I /sole cant in.. might have made.
The. Lektued Judge, in his charge to the Jury, vnid,

- - - _
before I detail >t a Olt Solip.tmsice or the ev tilt ore, I
minis to ;mar a less remarks :—Lly tLe ..of England,
founded on the F49•AI ancient iitictiples, a carrier is held
la tttict Willy in case of 1t.,., mid the 'mown 4)1
1 the kw it, that if he Or FOO FO .141,1.1.11.1M011 het n ern the
1 carrier alai his servants would lie JO easily made tip, that
no man would be safe. 01' 1411 t iiii F, 11.1)M111011 carriers
base tudravunrra to. exempt themselves from responsibi•

lily by r khibilina a itutirr,iu %lad' tli,. dads Ihr) Hill not
be uovtstrublr for v,kul4 *burr a btatpd value, talks,
butrked 411 d Pclld for ACCUldirlg to lbe value. 11 u ptrauti,

JULY c. 16.

afferlhis, chooses to tresthisit Roods,sately delivered,wiiliiin
temlipelyealn,ff
with the notice, and they arc n
nut make the earlier athweralrie ; but, in order to In log
the cart ier within the 1)11)04 of this ito:ler, it is
bent an hint to make the person delivering the goods un-
del staisil the nin tee, by either reading it, or putting it into
Lis heeds. This case does not raise the question, whether
the plaintiff in his tit knew of the notice ; in point of
fact, no notice was exhibited. The servant therefore
could not know it, end if carriers will not take the trouble
to make their desks or eervants deliver a copy of their
notice, they elitist not complain if they du not benefit. It
is argued, that the action against the carrier most be
brought by the buyer, but in this exec there is no buyer.
It is all a trick and contrivance, and being so, the property
remained in Menus. }firkin, and Co.—The Learned
Judge was of opinion there was proof of negligence on the
part of the defendants. A carrier might nos be bonend to
go to the residence of the person to whom the parcel. is
directed ; lie may deliver It at his officer bnt lie must rle.
liver it to the right per.an I if he dues not, be takes the
consequenee. Undoubtedly he might base found J.
Worthy, who awned known iu Exeter ; instead of which
he gives It to a stranger; and if a man will deliver goods
under melt eiretonstatires,be must answer for.neelii.,Penee.
One of the J a ors old,i evert, that no property would he
safe unless it was delivered according to Jireetion.
Jodge.—So it seems to sue. You intuit, hooves er. con-
sider, Gentlemen, what the carrier has done iis ;Isis in-
stance, rather than empire by what right he leas dune it.
Parcels, are often directed to be left till called fur, but
this was not directed so. It was directed to a mail well
known iti Exeter.

The Jury found a verdict for the plaintiff—Munagea
El 14.
Judge.—This verdict will do some good. It will sheer
cutlers how far they are safe in deliver ofgoodA.

VICE-CHANCELLOR'S COURT. MONDAY, Juvir 19.
"'HE DUKE OF MARLBOROUGH'S GOLD PLATE.

LORD SHAFTE6BII.I.RY V. Tit r DUKE Or MARLIIOIIOIfOIi..

Sir Arthur l'iggott this morning called the attention of the
Vice-Chancellor to the motion which was before the Court upon
a former day, on the subject of the gold plate of the Duke of
Nlarlholough. Ills Honour en that occasion made un order,
that his Grace should put in his answer to the supplemental bill
filed by the plaintiffs, by the next seal. His Grace had only put
in his answer this morning, so that no opportunity had been a-
lto-Jed for considering its contents. His (Sir A. Piggot'to object
in add re:sing his Honour now, was to allow a short tune for the
plaintiff, to read the answer, so that further means might be taken
for obtaining the übject they had in view.
The Vice Chance!lor.—You misunderstood me upon this mat.
ter. I was desirous, in the view in which this ease haul been pre-
sented to the Court, that his Grace should have put in an affidavit
lie had suffered the period for putsing in his answer to elapse.
-Mr. Bell apprehended that the answer would he thund to con-
tain a disclosure as full and complete as could have been had by
an affidavit.
Sir A. Piggott wished the motion to stand till Wednesday
nairring.
The l''are Chancellor said, that fin. :he purposes of justice, it
might be es well to have the answer teed now, as in all probabi-
lity the plaintiff* would have to amend their supplemental bill
before any order could be made. it would Ise saving time to
have the answer real now.
Mr. Bell then read the answer of his Grace.
It commenzed by admitting foe title of the plaintiffs to file
their bill; and also that the late Doke was possessed of divers
pieces of old family plate, and of other gold and silver plate; Ciat
this bail been conveyed in toot, in manner set out in the plain-
till's bill ; and that lie, the defendant, was left heir at law, and
customary heir of the said Duke. After sonic other adinhedorer
1610 the facto act out in the bill, the answer then admits that the
defendants did, about three months ago, cause the whole of the
gold plate to be removed from Blenheim up to London by Thos.
'friplasok, as his agent. for the purpose of raising money on this
defendant's right toad interest in stieli gold plate for a few months
only; and also the the pulpits.: of hating the new arms of
Churchill, lately taken by this defendant, engraved thereon : and
that this defendant intended having such arms engraved thereon,
to have such engravino finished, and the said plate produced a t
Blenheim by the 13th of Aogitia, that being the anniversary e f
the battle of Blenheim, when the defendant intended, as he had
before dune, to entertain his neighbours. The answer then goes
on to state, that in consequence of distresses arising from litiga-
tion, the defendant being greatly pressed for money, and par-
ticularly to pay the workmen employed in the grounds at
illenhenri.liouse, he had instructed the said Thomas Triphook to
deposit suell plate with acme respectable silversmith. to raise a
stint of money to enable this defendant to iii;cliarge the arrears of
wages due to the said workmen, and for other pressing oc tisions;
that the said Thomas 'l'riphook undertook to raise such motel
for this defendant in manner lust mentioned. And this defendant
solem-sly declares that he never authorized the said Thomas
Triphoerk to sell, pawn, melt, or to dispose of the said plate
otherwise than in manner aforesaid; and drat in case he Malt
otherwise disposed thereof, this defendant was not in any manner
privy or cionsenting thereto, and would not on any aceount have
permitted the same. or been in any manner instrumental thereto;
and this defendant verily. believes, that the said T. Triphook has
been himself deceived. in case the same bath ever been offend
firs sale. or pawned. or phtlged, or melted down, or destnived.
The defendant then stated. that lit had been inthnned by Trip-
hook. that he deposited all the said gold plate with a silveraniitb.
(excepting one plate, one knife. one fork, and one spoon, which
this detendant delivered to Thomas Hemmen, a working jew-
eller, who had previously engraved the whole of the Blenheim
silver plate, and which he had since got back into his own po—
sessitn,), for the purpose of hating his new arms engraved therein;
which silversmith lived in the neigliboorhood of I.incoles-ire.
fields, and had deposited the same in the bends of some bunk: r
for cafe custo.ly. 'l'he names of this silversmith and banker the
defendant could not of his own knowledge state; and Triphook
had refused to communicate the same to him. And this defee-
dant saith. that having been informed that some of the said ;dine
was offered fin sale by persons in whom hands it had got, after it
had been delivered to Trip hook. he immediately applied to hint
and stated to him inch information, when the said T. 'friphool;
expressed himself shocked at the tip eurnstrowe, which he Milli he
haul also heard, and assured this defendant that he had, immaili-
ately upon hearing thereof, taken away the gola plate t'rom the
person or persons who hid so offered it for sale, and deposited it
in oilier hands. The answer then admits, that in consequence of
the defendant's instructions, 'f hos. Triphook had raised
or I .3001. on the plate. for the use of the defendant; but he de-
nies it to be true, that he did. by means of T. 'friphook, or sty
other agent or agents, intentionally or knowingly cause any part
of the said gold plate to be eifered for sale to Nr. Guest, to lit.
Albion Cox, or to any other peraon ; and in CAW the said Tho,.
Tripliook bath offered the same In manner afuremi.l. he did so in
violation if this defendant's instructions, against Ida wiilmeii, and
without hie privity. He added, that he was unable to inform
the compile:lents where the plate now is, that he did not collude
with the said Thomas Triphrink. and that although cannot
believe MCI. plate bath been ili,posed of by the ;aid T.Triphook.
so es not to ):e forthcoming safe am' uninjured. let if it should
appear otherwise, he war moot willing to submit to indemnify
thetestator'scatate fat the value thereon.

JULY 16.

• TMINN* Chancellor.—Was Triphook a party to the supple-
mental bill ?
sir A. Piggoit.-I'a, my Lord, and he has made no answer.
Your honour will recollect that trc applied for time through his
Gnu's 4. Mr. Wakefield, until the an-wer of the I hike of
boroogli shoahl be put in. lie haa 11-ei an °marmot-my tie
what the Duke has said, and he can shape Iris atfidava
to cad answer.
The Vice. Chancellor.—l am only considering how I can reach
this vise with most safety and least delay. You are entitled, fano
the Duke's answer, to the immediate delivery of some of these
articles—l mean the gold plate. the gold knik and fink nerd
spoon, which he admits to be in Iris pussrssion. These I shall
order to be immieiatcly delivered to the Master. If Mr. Trip-
book has been served wadi the injunction ordered by the Lord-
Chnncellur, as I Ares he has been, he will of not ven-
ture to disobey it. it these things shculd nut be forthcoming, I
think, in a ease where they may have been retuoved by a party
entitled to the profits of this estate, that a Court 1* Fttuity hi
the power of making that person restorothem out of those profits.
You will take your iuuucat.rto order urea. the Duke to deliver the
articles, which he admits he has in his posatesion, to the Master ;
and that the plaintiffs shall have time to amend riteir supplemental
bill, for the purpos:: of enabling the Court to•urt air such a man-
ner as to enforce the restoration a tits property oat of die accru-
ing rmts and profits, which I cannot do as the bill is now framed,
Mr. Belk—Your honour need not make a t rural order, as I
am sure the article; of plate alluded to aril be immediately de-
livered as you may direct.. I am not an are how the Master's
office may be provided tier the sate custudy of such 01'6(1(.4.
The 'Vice Chancellor.—They had better fur the prcsaut be de-
posited with the bookers of the trttAee!,.
It was finally ordered, that the plate, knife, fork, and spoon,
in the Duke. f Marlborough's po.-ession, should be (I( livered up,
and that the plaintiffs should amend their bill, without prejudice
to the injunction already granted by the l'hancell.,r. Mr.
Ttiphook now have to account tiir the statement whirls he
has made, so much at variance with the answer of the Duke.

COURT OF CHANCtiVi, SATIRDIT, .frI.V 21.
TUE EEETOU INHABITANTS 01' ST. TILOBIAS'S THE

APOSTLE.

Mr. II art moved on the. pact ci the Rev. Harry Bristow,
the Rietorof the palish of St. TI 000000 the Apostle, in the
city of Londum, that the CIIIIITIMIttICIIS and rzrei al of the
p •.ishioners, (rosters of certain lands and tourineol.u, of
the rests solid profits of attach they were in the receipt,
might be ordered to produce and chow to the plaintiff the
m aliments and title deeds under which such lands and te-
nements were held. 'lle bill alleged, that although the
defendants, 11w trustees, had unquestionably beim in WM-
sebbion of this property for a very considerable period,
yet the plaintiff insistoil Cut there hail been a
cation of 11w rents and profits; they hail applied thein to-
wards the relief of the poor, whereat' they might to have
Bien applied towards i lug the living of the Recto...
The plaintiff insisted that his rights could nut be affected
by any len: th of time ; that he was not bound by the neg.
ligroce of his predrtessuis clainuieg the que
t:oo i and that there was such a privily br tweesi him and
the defendants, that hr was entitled to see the unsoinients.
The farts of the ease were these :—A pions man of the
name of William Citampness, before the Statute of Wills,
but by vi, toe of his privilege as a freeman of Lunidom
vigil's-it to devise lands in niortmain, in the year IMO, in
the 31111 Edward 111., gave by his wit eight marks, arising
mit of the tenements of St. Thomas's the Apostle to the
Rector fur the hale beiug, for Site purpose of saying
masses for the repose of his sonl, and in case of the lodine
of issue of John Atterville and Isabella, his wife, he gave
the rents and profits of the tenements to the Rector. The
ontitigeucy having happened, the Rector hemline entitled.
In the year 1317, In the reign of Henry VIII., an Ail of
Parliament massed giving to the King all the property
which had been devoted to superstitions uses, and tooter
that act these tenements had been seized, and aftervioids
granted out again iu the same parish. In the yea: 1641,
one William Cooper, by order of tile Lords and Commons,
who, at that period, were not gloat encouragers of Lectors
famed for their loyally, again took possession of these
premises, and upon their being restored to tie parish,
there had born a succession of Ite..tors down to the present
time, who had uniformly submitted to the application of
the fonds to the poor, without insistiog upon their own
tide to it. The plaintiff, how. see, 0.44 not inspirited to
relinquish his right, but insisted that the original iutentien
of the donor ought lo be eat ried into effect in his favour.
Mr. Wetherell, on the other side, obs,rved, that in ge-
neral it was the ditty of ii Rector to inter the dead.; but
the Rector of St. Thomas seemed more disposed' to rake
up the ashes and disinter the dead, thou ho leave them to
their repulse in the grave. lie had dog down through the
generations of the dark ages to the year 1360, in order to
discover this Wm. Champness, who hail given these eight
marks fOr masses lot his soul. Now, in order to get at
the estate ill question, though it might not be necessary to
go through tire and mate', et it woulil certainly he ne-
cessary to go through lire; for with respect to the identity
of the tenements, the great tire of London had destroyed
every vestige. The deirndattia, by their answer, stated,
that they were the legal feollei s of this property, mid
limier that title had raised money upon it by way of
annuity. _

The Lord Chancellor said, he would read the bill and
zaue.yer, belute he finally determined uu the rights of the
imittea.

SCOTCH JURY.COURT, JULY 10.

Ft 111101.73 DILIVIFO.—ALL•N V. 31•11.F.1811 AND OTHERS.
This issue in this case was as follows:

•• Whetlx. on or about the isth day of July. IRIN, the Wa-
terloo coach, of which the defenders arc proprietors or COlltr&C-
-tors, was overturned betwixt the North Qutensferry and Inver-
keithing, in consequence of the negligence or improper conduct
of the coachman or guard, whereby the pursuer, Men a passenger
in said coach, suffered Lushly harm."
The damsges were laid at, fur medical expenses, 2001. ; for
snlatintn, .1,0001. It appeared tiom the evidence in this case,
that the pursuer, on the 45th July last, was an outside passenger
on the Waterloo coach, running to Perth ; that after crossing the
ferry. and between it and the old toll-bar, *here the road brandies
off towards Duniferline, a one .horse having in It two Pettons,
attempted to pass the coach ; the coachman vas excited by save
cal of the passengers, and amongst them the pursuer, to keep
before the gig, and put his horses to the I,odlop. though desired
by the guard to pull up; whilst drivir.i.; at tins furious rate, and
turning a sharp tingle of the rorul, the coach upset. and the pur-
suer. with other pawengers, was dreadfully hurt : his ktt arm
was dislocated at the shoulder joint, his leg dreadfully maimed.
sonic hard substance about tile mach having perfortted it eirout,h
and through near the calf, lacerating the tenuous and %dotal ves
seise° much, as put his hle in the most imminent danger. and
Dr. Thompson deposed, that even at this time he was not out of
danger. and that lie thought the ainputi.tion of the leg must ulti-
mately tidlow.
Mr. JeKry replied for the defenders, and called three witnesses
whose testimony was iLtukled as a mitigatiok ci datk.tge:, and