The National Register.
London, England, 1822-06-17 00:00:00

LORE SONDES V. ILETCMEN•

The Solicitor General moved to set aside the damages
assessed by tne Jury in this case, on the ground that the
verdict for 10,0thil. was more than the circumstances
could warrant.—lt was an action on a bond, in which the
defendant had covenanted. to give up possession of an
utlvowsost, of which the noble plaintiff was lay proprietor.
he breach was, that the defendant had refused to quit
the living, being desirous of doing the duty.
The Solicitor General proved on the trial, that the life
interest of Mr. Fletcher was worth no inure than 7,0001.,
and he contended, on this occasion, that the Jury were not
justified in giving snore than that sum.
The Court were of opinion Mat the verdict ought not to
be iliNtier bed, observing, that she rev. defendant aught re-
lease himself by giving up the livin t.

THURSNAY, JUNE IS.

THE ZINO V. ♦ MAGISTHATH Of NOTTINSHAM.

Mr. Sergeant Vaughan moved for a rule to show cause
why a criminal information should not issue against a ma-
gistrate of the county of Nottingham. lie OM thil Oil
affidavits, which set tut th that the magistrate had taken
upon himself to consul an individual, under I Geo. IV.
fur inflicting sic ary punishment fur ical,eions mischief,
whose °lichee consisted in ienioving a batik which ob-
structed a way previously dedicated to the public. The
learned Sergeant argued that the circumstances tinder
which tills was done sufficiently proved that the magis-
trate hail been at tuated by corrupt motives.
The Court were of opinion, that no sufficient ground
was laid to warrant Mem in calling en th- magistrate to
answer ;he charge• In order to Mince them to pint any
gentleman in the commission of the peace to the anxiety
and enpence of showing cause against a role of this kind,
a pips faces case of corruption must appear nu time taila•
vits of the prosecutor. But lime it was petfectly con.
sistent with those affidavits, that a great deal of evidence
oil the oilier side might have been be, oi e the inagisttale,
and on width he 'fright have acted. At the A4llll' 111111C,.15
refusing this application, they did not prejudice the patty
who considei eel himself aggrieved, in the pursuit of any
of his ordinary remedies.

MN. CHARLES MUMRAY, HON. SEC TO THE "CONSTI-
TOTIONAL ASSOCItTION."
The Solicitor General showed cause against the rule
obtained last I••11)11 by Mr. Kutch, calling out Mr. Murray
to show wily lie should not render an account of loonies,
and pay over a balance to John de Wolfe and William de
Wulle, or to the original (muesli of the vessel called the
mgeronia.
. .

air. Justice Bay ley here suggested Mal justice would be
best dime to both parties by r reference.
Die Lord Chief Justice enforced the recommendation
of a refer ence as the best course, whether the present rule
could or could not be supported.
The role and all mat iris in difference were then referred
to Mr. Alderson, with power to enter into the whole me-
rits, whether he should Mink the rule sustainable or not,
and to make such interlocutory orders as lie should
think tit.

COURT OP COMMON PLEAS.
sitonuax , 10.
)11611TINGALIL V.
Mr. Sergeant Pell applied for a t tile to /hew cause why
the defendant should not pay the vlaiiititi's costs iii this
Clow, snider the swine 43d Geo. 111. It appeared from
affidas its piothiced by the learned Set geatit, that the de-
fendant had been arrested for a sum of 4001., that the
plaintiff had only recovered 951., mid that SOl. had for-
merly been paid on account. Li the plailrlilr6 demand
a bill of exchange for 10 had been included, and the
defendant slated it as his belief that the plaintiff was nut
possessed of this bill until after the aettua viais cuinuiesictd.
Tile Court granted the rule.
VvE.DNE&CAY, JUNE 12.

CL4HIL o. 8R0011.4.
The plaintiff, a licensed vitnaller, brought his action
against the defendant, to recover 101. and a fraction,
witch the deleadant had received tur him, and had re-
fused to pay over.
The defendant is one of those persons who. not being
attorneys, are allowed by the least respectable of those
who are admitted tni practice in their names, end the eine
rail of the rldiutitra Jettklud, gluouuttatz W 91. 175., w 4

a debt received Ly the defendant from a person named
Sutherland, who, bring sued by the plaintiff, had signed a
eognovit. The remainder was for a quantity aspirin' sold
to another person by the plaintiff. The defendant also
received that bill upon application.

Sergeant Pell eontended, on the part of the defendant.
that Brooks sieve, freCeitCli any money for the ',Lima iss
the character of his attorney. He u.is no attorney, but
clerk I. Mr. Isaacson, who acted as plaintiff 'a attorney.
It was tine the money was paid into his hands as Isaaesores
clerk, but Isaacson had die money, and to him the plain-
tiff ought to look for payment. With respect to the other
transactions, an endeavour was made to prove that UM
pl ' lf was indented to the defendant in a balance
arising out of business dope..

The plaintiff's case was conducted by Sergeant
Vaughan. He resisted the defence as a trick, got up to
defeat the claim of a fair tradesman, who was nut so well
acquainted with the chicanery of law.
The Jury, under all the circumstances, found a verdict
for the plaintiff fur the whole of his demand.

PREROGATIVE COURT, WEDNE‘DtT, Jams 12.
%%ILL OF HIS LATE MAJESTY.

Dr. Loulsington this day renewed his application to d.e
Court in behalf of the claims of Princess Olive of Cum-
berland, under a testamentary propounded, purporting to
be a bequest of 15,0001. Toe learned Advocate went
through a long and elaborate deduction of authorities,
from the reign of Henry the Fourth, Fifth, and Siath,
which had furnished cases in point, with the opinion of
Sir Edward Coke and other lawyers, that the right of be-
queathing private or personal property was inherent is
the Sovereign. The following is the substance of Ibis
curious decument:—

" We, by this paper, to which we hereunto set sue
royal sign manual, do give and bequeath unto
daughter of our royal brother of Cumberland, 13,0081.;
and we command our heirs and successors, after oar de-
mine, to pay the same to the oise of our said niece, as a
rezoinpence for the injury she may receive by keeping
the marriage secret."
The attesting witnesses to this instrument were stated
In be the late Earls of Warwick, Chatham, and Mr. Due-
ailing, afterwards Lord Aslibuston. fir. Dickinson, stem
ward to the Earl of Warwick and Mr. Vanewevre, proved
the genuineness of the Eat attestation, as did Mr. Lloyd, •
■n attorney, that of Lord Chatham, and Mr. Driest, many
years clerk to Mr. Dunning, his signature. That that
Edit of Warwick delivered this instrument into her bands.
in presence of the Duke of KrM, explaining other cir-
cumstances attending the transaction, and hie being
charged so to do by his late Majesty. The instrument
was dated in the year 1774, and the learned Doctor said
it was important that this was before Isis Majesty had
been visited by any mental affliction. So confident did
the individual 'mitten; and Mime respectable persons when
had supported her, feel in the justice of her daps), that.
as the Court were aware, she lied adopted a mode of pro-
ceeding which, should that claim not be substantiated,
would lay her liable to a criminal pioseection for forgery
and perjury. Application had, in the first instance, been
made to his Majesty's Government. bat they load wholly
declined to interfere iu the case. The only question now
to be considered was, whether it came tinder the jurisdic-
tion of that Court. lie had the same high authority (Lord
Coke) on the affirmative side hot, had lie no such autho-
rity, stately it could nut be fur a moment doubled that a
right of decision exined, wills which the Act providing
that the King may die intestate would he tendered trail
and vein.

Mi. lholnon wag altourt to follow, when
Ills Mojcmy's A.ivocate held a short conference with
Dr. Litsaingtoo, after which

Dr. Lthhington said,—understanding that a very in.
portant eutnnittmeittiou 11411 jts.t been made to his Mars—
ty'a Counsel, and which riot (Ica the interests of
client, he would beg the Court to pet nut Ilse caiie to *timid
over Gil ueat court day.—Ortlere.l.

Within the last week, not less than 11 horses,
llttuelled to the stage euaelies between Lyndon and
Cheltenham, actually sunk beneath the extreme
beat, and dropped lifeless on the road.
DARING RoUIIERY.-0.1 Tuesday mornintr. shoat
halt past three o'clock, a most daring and alarming rob-
bery was committed in the house of M ()shoo rise, 42,
Green-street, Hyde Park. Mrs. Osbourne. who is a
widow lady, and resides in the house alone with a teuiale
attendant, and had, she supposed. only jitst stropped
asleep, wnen a sudden glare of light passing across she
upper part of her lace awoke her, and site saw a man
standing at her bed-side. in the act of examining her
face to ascertain whether she was asleep, wick a dark
lantern. She gate a scream, but the ruffian immediately
clapped a pistol to her head, and with dreadful awns and
imprecations swore he would send her to if atter
made the least alum, and demanded all her money.—
Mrs. (Mourne, as soon as stir could recover her tonne
and senses, winch were completely overpowervd• aurae
terror, said, " For God's sake shim harm sue, and
will give you all I have," tad handed the robber her
pockets, cimiainiii.; two 101. notes, some sovereigns, and
sits cr. At this ttttt mein the female servant, who slept IN
the next room, being awoke by the scream, and hearing
bier mistress speak,c tiled oui,asking whether site wanted -
any thing. Tile rotmer, cm hearing her voice. started.
instantly closed ihe lantern, and started out /if the mous
down stairs, and let nintsell out at the front doer. The
servant immediately got up, and opening the window,
saw toe fellow she called the watch, but the
thief eluded pursuit. by jumping over the Park wall.—
An investigation into Me CircutlistasiceS took 4ilace at
Nlarltenosigh•street. and Plank, the %likes. stated. that
the thief hail made an entrance by cutting a round piece
out of the kitchen door, just under the holt, and ewideutly
had reconnoitred the house before night, as round the
place num winch the piece was cut had been chalked.
arid was mai ked so as out to Come m contact with this
holt, but immediately under it; and frost ether materiel
COCl:LllstAleri, the otheer was of opinion that the dud
must have been well esperieliced in similar raltences.—
Mrs. Usbointie is a very infirm o/J laity. and has beets
seriously tortivrosed since the robbery, wecaainorat by ells'
.:vssiv•