The British Press; or, Morning Literary Advertiser.
London, England, 1818-11-26 00:00:00

Pity a 'al-
to Gentle.

this Plume 4of
se
film
rn se the Whig
lee oho were ape
• Ones mops elable
e .n.extre of them •all
•
' " ..ouselcd this applies.
mimed Wrench and
.em ism perpetrating this
le* They were, of coerces
raw g staienteesreust cermu
horst. oe toy aI. ouo ',Med rite unmeeneee. Mr.
So•ertee ,hen mall from the allodrvitr, an armeet of a mire,
of Ililleic.preallesert, on credit, at very high rates, sent seta
to she Delherbets, for ready mosey, at pieces iti6eitety I.
New these demanded by the fate 'feeler. The sum of met.
In, the Leareell Cases,' mid, was—that, between the month
trfJune, 1617, sea March,llllol, the parties against whom
• 1/$ Moved receives, wine% to the amount of 1,153151. from the
Deemersts, for which She latter received 1,025 f a
din: ewer of 5951. Mr. &erten was proceediug to state
semmi ether circumstances, Owe—
n* Cusco, Joseice said—" Take your rule to she*
mow* It is better to say tei more, as it is as ez parte state.
asesil"
Dense Campbell, Esq. • Erotism's of very prepossessing
aerseaneur, moved, is persue, We a rule to skew ranee why
o Criminal lufurmntia, t.howld net be bird 'Velma Geer
Herbs, tsq Ore of Isis Aleojeatra Justices of the Peace fil
Ihr county of Midelleersi.
The Cuter leertco--0 Have you any of slavilsr
Mr. Campbell—" Yea, my Lord, several; but 1 with
'hurt ly to state the facts of the case ."
the Chew JosTkt—o Tioe regular course is, unless the
111.16011 be Wade by moue Gentlernru al the Bar, Sat hear the
effielsetts read, after which you nosy make any remota you
'tease. You ere moving against a Magistrate?"
Mr. Campbell—m Yte, my Lord."
The cuts, Jimrsc t—" Have you %even leim notice?"
Mr. Csiee:ehell-o" I lease not, My trail "
The Cilikr Jt.rlitt -" It is the turarislele rule of the
Cutest 1101 to entertain a mutiuu of thin kind against • Mr.
4istrate. esieless eeetice has leen give te to him
51e. tamp:sell-7" °retried', wy Lorel, wilier has 'tot here
given, and 1 am very glad it his not—breawe 1 think any
application to this Court will have all the ell'. et that 1 ar-
mee Mr. Hicks is in getters, a eery correct matt, but in
Shed instance he has erred. I repot that he .ill Cue do
what 011:111 to he door--,ed I hope 1 shall nut have any oc-
tati.ot to trout.‘ the Court agate."
31r. Campbell then withdstw.

Y

COURT OF COMMON PLEAS, Wrrnininnt,
WaostspAir, Novixau n.

i . .
Inc tollrltsslONag• or SEWrito iv Tag colllillUtOgtllll
Of RUE. NSOSOVR.
tThis was as action of trespass law peltig drown • dam
11 • soil sluice erected oil s navigable stream I t wits tried at
Lewes, in August, 18 It', and a verdict to for the Pisies
tiffs, with damages for Mit. ts. id. The following Mi-
chaelmas Term a rule had been granted to thew cause why
the veldid filmed soot be set aside. Last Friday, Mr. Ser.
yeant Rest rail Mr. Seijeatit Vaughan altered cause against
the rule; Hits day it came on for arguineut aTesia. The
sloe! point to which, by direction of the Cons t and egrets
merit of Lemur!, the ailment was reduced, was, whether
the Plaintiffs had sods pestansina of the prowerly injured
at. in entitle them to mitiatsio as Wino of In spume.
Mr. lorrjsaat Coke* argittil against the role. Ile Rest
cited the stalely ST (ire. 111. Chap. 130, at c 0, in suppert of
1. his armoured. He appseheoded these was nu principle is
law more iedispotable thee that here pu iou Was swlti-
yield to swppeet ay adios of trespass as against wrossg dm pi.
It Was to be essesielered,..therefOre, whether the I)efesidasits
were swear dodo, and instil they chewed an absolute veers.
) 'Ply fur shying what they dud, they must he considered so.
Te Cowl brut an Friday desired he •110U1141 rotate pi eparred
to slate whether there trrr was any ease of a pubic lardy
having the seperiutredetwas and cameol of public Works
maristsseiog an *termini as basing the posse. its them.
si Ives. Hut it was spode ialipusaffile to espouse soy sects.
case; 1w admitted there was oo such ten: to be fused, and
that the position was sot to be istanstairefi. But their Lord.
Arlo would see that is Ibis effiniseiose there was Sulkies eft.
pugilism. to his view of the pretest goedioo. There was Oa
uhveutss itisiluction believer the ease supposed dud that be-
fore the Court ; because Peeve the CoMosissionees of Setters
not only had a compiling power, but were the original
builders and miners of the wurha. Art oli-ervatiots had been
Mau throws may that no relicts could be brought against
the Plaintiffs, as being public officers ; bet allowing that,
the rouverse of the proposition by su means followed, or
was trite, that these officers could net snislutain tres-
pass. Another point IMIVIHINI to had brim as expres-
sion -of Mr. lattice Butler, That trichosive possession was
.wressary to grimed trespass. He WAR sure it was nut, sod
that if Ow CAAy alluded to were examined, it wtarld he
founts that the letermisatiort had brew made without refer-
rime to 11,:a circumstance. A tenant in Piaimuii, and a
joist hmes. might unquestionably have trespass a illuitit
jOIUIP. the jul ut 'white. lint agaiu it was said, the Plain-
lithi were a Court of Refusal; and how could a Court of
It. cold either be babied to or brim( an action ? lint to this
reloptiog he •pprrlarialeil there was a fallacy. 'I hey
sedately were as Court of Record for certain perposei,
lost Not fur ell. They had ministerial as well, as
• judicial ado to perform. Their commission 'visited nut
now), mititateriall duties, sod it was in such capacity
they sot 4 the I.)ef. ottani,. It was never to le• Asapro,ol
that l',.‘sriliss. es of Drat user?, Soreei'ortt of ratelustire,'
•.! the C.,,poraiihu of flit. Triiiiiy.Hoese, could not !wee
is aelion of trinpass —and Why nut Conimissiotiers of
4. WO vs! The nistenals is 'very stage, whether when Bout
turd...eel, Wrought ru the spur, or converted into the no.
out.hett *AI, arr.: the propetty of the I.l.tiotiffe, and to
nett plibfAlli..ole 101,04.111 their AArIFAUVII. The hu,,teu lay an
Is lAA thseat on Ate tither %idiots diva; that C.testrtlhottottess
t• St Wlllb hint 10.1.0 ever pro noted frtllll ISAMl:gtifing an
11,01 a grasp:ow tau the 1.4140e551..11 of thi !r workmen.
I he Citi LP JiAlret uh-e, veil, that the I 0111111...-11,1111111 of
tel. )attla tow tooth ettut.ztr pUPIICAtiIUII than tile Com-
o.lui.eis of Sesta,- but *btu had over hear( of Uttar
..iong Snaps...!
l to. thrall:oda, the Learned Serjeaid cootiiimil, were

1^

le

the property of the tin, as much as the Palace Si *idea..
one, sod we possession at them bested in lbe Co h•
The Commissioners were very far fmm hetes OA arprains.
tallies or the public at large ; they merely rupintWilllo6lhor
or tier thou. iiid iiiitividustA, also bad • particular Interest.
Mr. Serietiot Lama stated, that he wait to answer his
Learned Brother. He twit been driven to such a 1..00 fur
arguments, a. to huld that the Commissioners were sot •
public body-sand if that were so, their Lordships bad been
listeussgtu a very lung argument for uuthiug. His Learned
rrieuX.afglinieut was a pail io priori pii, thrusginisst,ltsfitm-
i;ift the very thing to be invited, the possession in the Phila.
tirs--or, • still Inure vicious mode of reunionist& Miming
the use from the pulatession, sad Illy posemoton from the use.
'neve wee tint a sttegestion in Collis to 'thew that the owner.
chip rkoulsd in the Cumutissiussei•. buck • riaht as was now
eustiended far dont, erwild very mach impede them in the ear-
Nokias (tribe proper duties assigned la them by their summit.-
sow intlivid.al possession or private property is the works
*as inconsisient with their place as a public burly. la the ram
so much relied upon fur this tight, Diver c. Simpson, the
Serys*ne of EttltMaftf was SI Ottliat CM the grimed, end a
inn kings beside him, with a pale In his hated, just *boot to
he driven tutu 11hr ground. when the wrung doer wrested it
alit of his totetteasion. Thal ease was therefore clearly quite
Ciffertut remit the present. Nu ease kid been cited hi establish
What was will bibelot the Cnowslissioners of Drainage, the Sur-
veriest,: Enclosure, and the Corporation of I he Trio i t y Howse.
It had been repeatedly asked ou the other side, in whom the
proprity was vested, if not iu the Plaiutiffs?—tee should mt.
serer, in nobody. The espetinient had bete already tried
to aisle the property of a public work reside in • number
of persons; bet tried sit vain. The comely of Devon
brought an action by the name of the " Men of Deena:*
neaiust a Mr. Russell, fur breaking one of tht it bridges with
his wauzun; tint the action had been enusidered out main-
. minable. The only mistily fur suet, property was by indict-
ment, and this was protected iu Metalline manner as all public
property. Emissive possession was necesesary to maintain
trespass, not in the popular, bill the legal sense of the weeds.
Coins directly laid it down, that worknks, wheat their
wages were withheld, and the owners of timber unpaid for,
were In recover, lost
,frogs the Cominitaitmers, hut before
them, as is Court of Record. The Commissioners were by their
commission stripped of all possible property is the works
for their own pratection, to guard theta against the danger
of having actions brooch, against Owe, and they could not
take it back for a partitalar purpose, to do what might be
done nand. better otherwise. If they succeeded, they should
he °bitted to take the claim, subject to all its congressman.
The decision would make them personally responsible to
saber men, and would be fatal to their interest. The
Psalletisal duty of the Consusissioners of Sewers, was to keep
np the navigation of the navigable ports and rivers of the
kindest: hrthetts-tiss siljacest hails wee bet a subordi
rate duty ; sod it ensehl nut be conteoded they had a right
is the exemption of the latter to do an act directly contrary
to the former, namely, to stop a navigable stream.
Mr. Serjeens Ilktreetw and Mr. Serjesat TODDY followed
Os the saute side.
The Cutest JUPTIC IL, after adverting to the nature of the
action, the powers, duties, and constitution of the
Commissioners of Sewers, as described in the Act by
whist they are appointed, with the arguments of Counsel
on both sties--oltservisig also that the negative argonsest
against the Plaintiff., that there was not a recorded instance
of
a similar action brought through • space of nearly three
centuries, GUM the year 1593 to the present—pr ell
that there dill not seem any resson, or any authority, for
holding that the Comusissiusters of Sewers had such pusses.
aims that they could briteg as active or trespass; that, there
Ire, the seituti was out maintainable; and that judgment
of mioseit should he entered agaisisst the Plaintiffs.
Mr. Justice Nen and Sir. Ju.tice BVILIROVen expressed
et lesig,th their cuncnnence in the &times of the Chief
Jail If!.

LOPEZ o. DE TIISTEPT.
After some conversation betimes bk. lierienot Beet •sJ
Mr Nerjeant Vauthatt, it was settled, with the permission of
the Court, that this cense should go to a sew trial, with
Iftyonvnl of the costa of trial by the Llcfrodassts--that the
damages assessed (3711M01) should, its the memo time, bese-
t-anal by • niescusittle house of uagnestiu•able credit—
thm in case the D.fendanis should not consent to have the
evidence of a 'duces material to the Plaintiffs, but who had
utithrguse so crou.examonalion, read (rum the record, a
coninsiasion alsoilidl be sent out, ■t the expense of the De-
feutlasols„ to Russia, where he sow is, to tale his testi-
ilintiy—aud lastly, that so new bill a equity 'tumid be lied
for delay.

INSOLVENT DEBTORS' COURT,
w tom caw•r , Nov ;puska 23.

The Court met this day : 13 elms were os t►is thsy's
10 stAutl fur la-mu/row, and 32 for Fridiy.
A eamitkeable part of t►e day was occupied is bowleg t►e
fAluwtag cur
Ira w. SMITH.

Mr. doormats oPpus;d the application of Alexander
Smith on ',reveal emends, the priucipal of which was • con-
trattoria of propel iy. The Learned Counsel said that be
opposed in behalf of Mesars. Leopard and Jelfreies, fur a
debt of upwards of 300/. due to them by the losulveul, who
traded to Neva Scotia.
The lessokent underwent • long examination by Mr.
A VOILIPINP., and elated in his answers, that in the year 1817,
be lad obtained watches to the am tof 5501 or there-
abouts, from Marrs. Jefferies and Ham. He took them
Nosily after the Futurism to North America, in the brig
Mary, of l'elerbead, of which be was the supercargo aid
freutheer. He Auld the property iii Halifax, sad remitted
to the opposing creiltrass 1051. un cement. He return.
ed from North Ansel Ora in the brig the Kink of 17ater.
leo, of tibiae he was half owner ; all he knew of this
'eke, was, that he discharged her Captain and Mate, and
that she was reported to him as haviiig sailed, during his
imprisomosit, with a abutter mid Mate appuinted by the
tether hallowiter. This was done without his courant. The
Insolsout dewed that he bad ever passed in society as a Mr.
:Manske, or Shand, or contracted debts under any such
name ..r names; he knew a person named Shand, is Ja-
=Awe, who was nearly twice his age. On his return from
his last voyage from Halifax, he brought bark bilk of eats
skimp to the aresonat of 5101.; owe of .them was a Tres.
envy hill for 5001. He bad Masi a consigionmet of bul-
buls in bulk, which he delivered as ordered. He made
me offer of payment to Jeffery out of the /1001. Trim
eery bill, but had proposed to pay him out of debt*
doe abroad. He sever eliesired him any bills of exchange
out of which Is meant to settle his account, but had in a
casual cusweisetion *hewn bins the seconds and third* of
bills Mass:, fismi Jamaica, merely to exhibit the form of a
furtive bill of exchange, certainly out with any intention of
s!iewing them as available securities, fur lie knew at the
time that Ike tint &wee bitt, or bills, had been paid, and
consequently that the duplicates, &c. were of uo *slue.
They were, in fact, the counterpart of bills he bail remitted
to lisp part glre to pay of certain debts. His partner's name was
Brysee, and he suderstood that the partnership still subeisted.
He was coutideili that be was at present possessed of pro-
perty, which, when wound up, would pay all his deism With
reference in the 54101. Treasury bill he had got vial for it,
lie beitred, its tae think note, hat sea not tett AM, at Mr.
Mawr's, hanker. He then gut a Bank post-Lill fur the 5001.
!sayable, he believed, to hisser, and remitted it in Mr.
Brasile, who eras a mariner, in Nut th America. The re.
asittaucc wan sent to New BilllnsMlCk, Slid he sieve, elate
kid beard at it+ rate a.a.cal—nor hart In: any memorandum
whatever of the slate or tau taller of the Batik oat-hill
which was by hem sit remilitd. He tsp.rted this Mr.
line tie evi s y day its England. Al the tiMe of 11'1 ari est, he
on, MI time tee Of sailing to North America the brig the
prisice of IVsterlou, a hick had dropped down to Eravesesid.
He had' ma altogether made up his mind sin wailing its this
remit, *hitch start in two or three wei !es from the
;Teri .11 of hie arrest, bat lie hail in Sc, lOUS notion of doing an.
The Ciiptte here addressed nlr. I'ollocc and Mr. Heath,
wbo wire C el for the Prisoner. and riled them %Online
it,. y hail ally Psi aectecy explanation to tend., ni the
ere i's tumor.:

Mr. POLLOCK rep'teil, that he saw no grllllllol made not
again•, the lu.a:v.w--all shat h.d was, that he
h .1 mote a reititti.l:ll.l: of 5001. to a man to wl:om lie owed it.
4 au . ADoL! UV! arid, that the credulity of the belief to

Ike 11,004 virglna en4ld hardly Wallow this part of the
losubrent's statement.
The COURT de-Ored Mira Adolphe. to prussic his cam.
The Learned Consort resumed the examination of the In-
solvent, who admitted, that in the WOW b of Na, last he had
gut 1751 from Mr. Mason, obis wes the agent for his ship.
He bad paid away this sum in disbursements fur the oleo's
wages, the ship's cuseitugencies, and his own travelling ex-
pewits, in a journey to Scuilaad, Like.; 271. wily remained
of it at the time of Isis arrest. Whole iu prism. lie had cer-
tainly offered to pay 1841. to the opposing creditor, but he
made the promise conditionally—he thought lie should have
got the m y from • friend, who la the cud roused to ac.
eomminiate him.
Mi. Jobsi Mason was next called.—lle said he was broker
to the brig the Pi iuce of Waterloo. He bad paid to the In.
'Niteroi 170/. on account of the probers!a of the said vessel,
and hid also paid 501. to him to settle the wages of the crew,
except the pay of the Master and Mate, which, owing to
di- pale, was not paid over at the neumenl by the Insolvent, but
which witness subsequently settled. The wages of the crew
were settled I. witsiess'eufher, sad he never Meal d Ginn the
solvent that the 501. be gave him was inadequate in pay them
off—bail more been called for it woo Id bare been paid. Witness
lied nu isles to what cuutingest expenses of the ship the In-
sulin sit alluded when be talked of having paid the 150/. for
ascii a purpose He thought the 501. be gave fur the specific
occasion, settled the ship's aetmuist.eacept the Arrears of Ilse
master mid mate, which witness afterwards, as agent fur the
ship, paid. lie recollected the latiolvent in the middle of
May, discounting the 500/. Treasury bill, but this was the
lint time IQ heard of the produce being remitted to Browne,
of whom he knew nothing.
In his erns-rearainareuo by Mr. Pot.t.mcg, the witness
Wild he knew nothing of the ship's contingencies, which the
turbulent' said be had paid.
John Ham, jun. said that his father was in partnership
with Mr. Arlferies' to whom the Insolvent owed upwards of
10/. He renienelsered having applied to him fur the amount,
and mentsuised the evasive manner iu which the Insolvent
postpimed the payment. He recollected his sbewieg two
500 f. bills, but in his crow-examination be could not say
whether they were air were nut duplicates of the same oe-
got Mble paper.
Mr. A DOLPRUS cisallesided, that he bad *hewn enough in
the ease of the 6Ml.hill, alleged to have been remitted, to
establish the feet of • coeseeeleuent of property. .
Mr. PoulAcia, for the Insolvent, replied, that nothing had
transpired to impugn the assertion of the money having been
remitted.
The Conan. is delivering ifs adjudication, observed, that
the Insolvoot described himself ass merchant—his debts were
set wit as being 1,5031.13 s Id.--his credits as 1,1001. lee. Id.
together with goods in Halifax, worth $4Ol. les. 10.1 ; and
it was quite impossible to believe, that a gentleman trans-
acting business in this manner could transmit, just is tho
eve of his arrest, a NW. Bank punt-bill to any arerespori-
dent, without preserviug some .....sedum of the number
nod 4s. in case oral:cadent. He must, therefore, be remanded
fur a curceelsnest of this 5401 bill.
The lamilmat was accordingly remanded.