The National Register.
London, England, 1821-11-26 00:00:00

THE MING V. BUHTON.

Tlic defendant, a constable at the Court house, Folks
snow, appeared to receive judgment, after having been
ffiimil guilty of an assasitt Oil a person mooed Dirkinsmi,
an officer of the Cost , who was pursued by an infu-
riated mob at the lime he was going to give evidence
before the magistrates. The defendant was stationed at
the door of the hall, •s•itlt ostlers f the klayor of the
town to let no 111'1.111 in. Mr. Dielien4oll, who wore his
Cdl/11! %ilk his sword drawn, pelted with Monet
and moil by the mob, and entleavrisired to pass the defrn•
dent, who refused to let him into the Court-hun•e. lie
assaulted him, and declared lie would hose his life before
lie Moonlit go in. The Jury, at the trial, were directed to
Like into consideration, whether the defendant was Acting
from milers received fr ilia superior. The Jury were
of opinion lie had gone beyond Its duty, and hound I
guilty.
Mr. Justice Bayley, passing
.indgment, observed, that
the defendant must have known the officer was flying to
avoid the attack oldie mob, anal it was his duty, as a peace
officer, to protect I rather than keep him out of a place
where he expected such rescue and protection as the law
could istford. The sentence of the Court was. that the
defendant be imprisoned in the gaol of Canterbury t*o
lis, and find sureties fur his good behaviour, himself
1001. and two others in VOI. each. _ .

Soon after our &Hoek, Mr. Justice Holroyd sat at Nisi
Prins, and tried several causes.
Ise Lour' this day heard Special Cases argued.
TIJEsDAIi, NOV. 20.
THE EARL OF JENSEY o DEAN.
This was directed by his Honour the Vice-Chancellor,
for the pin pose Of taking the judgment of the Court oipoil
the legal operation of a fine levied by the Lail and C 01111.•
less of Jersey. The question appealed to be. whether
the levying of this fine was a fin (entire of the estate set-
tled att Lady Jet soy in her marriage settlement.
Mr. Lynch on a former day was licalol in behalf of
Lott' Jersey. Ile contended that the estate could nut be
divested by the acts of the parties.
Mr. Conte addressed the Court this day, contending
that the estate was forfeited.

Tor Lot d Chief Justice, after beating the whole of the
at pollen', intimated, that the Judges mould consider be-
fore they gave judgment. His Lordship observed, the
ase lied been extremely well argued ors both sides, and
mar in the heirefit of the clients.

Ike on ihs Demise of CuLE tr. J. FITAGERALD, Esq.
This was an action ut ejectment against Mr. Fitzgerald,
the defendant, to recover certain premises in question.
They consisted of two old dwelling-houses, known by the
name of Beauchamp, fronting the turnpike-road, in Ram-
sey, two cottages io the west, a smith's shop, and four
cottages limiting Love-lane, with oilier premises. In
ISIO, two cottages were pulled down; and iii August,
ISI2, Mr. FilWleralit began to erect a new dwelling-
house on the scite of the two cottages. On the If th of
November, last, lie made his will, and among oilier
bequests devised as hollows I—
" 1 give and devise my dwelling house and premises al
Rornsey unto Elizabeth Cole, of Ramsey, tot and
her natural life, and utter her death gis e and devise the
said dwelling house, garden, and premises to her son
George Fitzgerald Cole, now an infant, w ho was baptised
in the parish of St Giles in the fields, in the county of
Middlesex, to hold the said premises to the use :if himself
and his lieu's for ever, lint in ease Geoige Fitzgerald
Cole shall delta' t this life under age, and without issue,
direct the said dwe Hung house, garden, and pieinise
shall become a part of the residue of my estate and ef-
fects." The testator also gave MIA. Cole all his furnitare
amid effects. His estates situate at IVexford and Water-
ford. in Ireland, lie gave to John Turner and J. Purcell,
his heirs.

The lessor of the plaintiff, Elia. Cole, cohabited many
years with the testator, who died without revoking his
will. Before his death he moved out of the old dwcfling
house, called Beauchamp, into the new house he had
heeu building, and the question was whether the dovisee,
Ali v. Cole, took the w hole of the tesiatto's property at
ItAtetotry, tinder the words "footage, gortleti, and pie-
used in the will, or only pail of the property,
erotbisting of the old dwelling house, without the new
house, cuttagt s, and spot; tenmices. The question, ill
tile tot ill of a special cam., Caine before the 4:roirt.
Mr. Denman, as curativel tor the lessor of the plaintiff,
contended that the testator, by the words house, Rai deo,
and enlists, intended to give tlits lady, Airs. Line and
her soil, all his property aI It iiiii bey.
111 r. Adam, on the other side aigued, that the lesimr of
the plajitiar wa♦ not Willed miller the heipterti to I stain
villa' the new liotoe or Immune removed tutu it.

'lke Conn were clearly of ',Minim, that all stir testator's
ptaluott) at konivey passed to the devisee nutter the 'emit
sit the will, and gave judgment for Mrs. Cole, who will
enlist quiesill) he udmitlyd ut possession of the property.
The Letrel Chief Justsce at two u't.lut.h, wbeu the. Cuuti
NHS rising to sit wills lite test (tribe Judges iu the Exelie-
quer. said, lie understood several persons were attending
to act:cave the jitilelitent of the Court ; it would tiles elute
bee best to pioceed with Judgments to-niorrow,'lliursday,
and Friday.
Mr. Venison reiniodt.d the Court, that they had allowed
Ilion to muse, this day ut tismoriow, fur a es tonna' inlet-
matt 111 l H isinst a magistrate, tar abuse of Isis authority.
Lord CliiefJustice.—q e will hear you to-morrow.
Mr. Peal min.—Unless it come on to-mori ow, there will
be n difficulty in the proceeding.
Luria Chit t Justice.-11'e will hear you to-morrow.
'the Jussh s a theu lobe and proceeded to the Exchequer
Chain tier, to hear arguments of Counsel upon a point of
law as isilig at the trial of a Gown case.