The National Register.
London, England, 1823-01-06 00:00:00

THE NATIONAL REGISTER.

Lallr INTELLIGENCE. . by
proving that the wool sou sold o. the day the truster Is
Messrs. Nithelsees, most respectable wool factora.in Bader
COURT OP KING'S BENCH. ball street, for sh2l. le. Id., sad could, therefore, have ben
THU NSDAY, DLC. 3. worth On more.
111113Atil Or PROMISE OP menataor..—ESTEß e. NI WY: Proof wee given of the sale of the reel at the time for this
This action was brought by Elisabeth Ester, against Wm. slim, but the evidence of identy with that in question was not
`Hiatt, for breads of promise of marriage. conclusive.
Mr. C. Phillips stated the ease to be oar in which the Jury The Lord CbierJastioe left the Jury to soy, en this evidence.
were called epos to give large damages.—ms plaintslf, ruin what they thought a fair price for the wool. They found a
Ennobled' &ler, was the daughter of a respectable man, who . lundist fur the Pliialid.--blthagel 2521.25. dd.
livid the situation of clerk in a brewery. The delienslant WATERIIOI/sE AND I.THERS V. KEEN AND OTHERS.
was a person of large property. His father living in America, I 'This was an action against the trustees of a turnpike road la
Ile wee seat over to Eagtand for tiler:alien, and put to school at . the neighbourhood of Birmingham, to recover back monies ions
Itethnal-green. During the time ho was there it. went to trio Properly demanded by them, and paid under eompoiaion.
Louse of the plaintiff's father. When he left school be removed , Ploielitre were the owners of a stage coach called the Blearing-
to Liverpool, and left the faintly in which be bad been cherished, him Balloon, which passed every day through a turnpike galled
t. its expressions of everlasting gratitude. After on interval ef Re too-gate, between six and seven tu the asorning, and retested
years he smite to them again, with scarcely • shirt to his back with another set of horses in the evening. By the local set, 111
or • a aline is his ',Gillet, having leaded jo a stare of misendiler • Ge.. Il 1., eoutineed by sabeeqeeput provides., it was enacted,
deadtatioa rrota Ireland. He was again received u a relative, that no carriage, horses, or baste, which had once ',lid the
lodged and boarded for six months, daring which he sat deify toll, should be subject to the payment of toll for ;swirl et any
at their table, and received kindnesses which ou_ht
hive been effaced from his memory. During. this period he insisted on payment of toll en the return of the roach in the
thogeht fit to originate another Asir, Mack be bad also for- evesing, on the ground that being drawn by different horses It
'Alen ie the days of prompereas fortune. He socceeded in t was Sot wad" the ithoePthalt of i.e stabile. The "achatall
leg the Arranges of the plaintiff; and being very dear to accordingly paid, for a week, the daily sum of three shillings; '
all her relations, he made his proposals openly, aid they were but afterwards, fur the sake of conveigenee, paid the weekly
openly accepted. After some time be said that his father was I sem of one guinea, by direction of his employers. The p
'dead <width proved afterwards to be a fabrication), end was sew brought to recover IV. Is. lid. tha "they lo
that therefore he must return to America; but before he pad, which it WOO alleged the treaters had no sight to insist on.
weed, be asked and received a promise from Mies Eater, that The Solicitor Geiser's', for the Inmates, first objected that
she „nu iremnit am& till Mt. men, Ho otneieed abroad the action eaglet to bare been brought in the county where the
for six-or scree years; but the impression be had made oe the raise of action arose, because • clause in the act directed, that 1
heart of tb plaintiff was strtmg, said oho „twisty waited his I the trial of all actions for rimy thing dose in ties of lis
arrival. Meanwhile his father died, and he became possessed provisioes, 'Mould be thus restricted. He also contended that,
of property, as wield be proved by his own declarations, to the ceder the same cruise, the defen.ants were entitled to motion it
amount of sot less than 28,0001. tie now reminded the plaintilf action. '
Alter promise, which she expressed her readiness to perform The Lord Chief /satire thought that this chose "II applied
at any time when lie those to claim it. He resumed his visits; to tarts, and not to actions forested oil contracts.
and arranger:eats fur the wedding were in progress, when be The Soli:guar General then submitted that there will ao eel-
soddenly declared that be had changed his mired, and would ape Gigot Proof that the payment was compulsory; but further eel
searre, as lie Weeded to live Aegis' for life. This was false • dente was adduced to show that the trustees knew when they,
-but bad It bees true, it would furnish no excuse; for it was the received the mosey, that the demand would be resisted, cad
awed duty Oa mien folly to make tip his miad is this point, the °Nudism fall to the ground.
before he ventured to trifle with the feelings of a woman. He No °Pillirso was give of the math point is disisatai "to the
proposed, however, to make some weeds; be said that be aorsiraction of the act ; but a verdict was takes for the plaintiff
would give Miu Ester 3001. or 001. (of which scat he for *object to the oPiaiort of Hu Coact o. • &Puha'
actually advanced 101. to Miss Mary Ester, the younger I case.
sister of the plaintiff for her use) and would make her POLAND AND ANOTHER e. GLYN, BART, AND offline.
parents comfortable for life. This would hare been poor This was enaction by the assignees of Mr. Massada, a bolt-
meads, yet even this Le bad aot gives ; and shortly after be rapt, to recover 251. Its. dd. paid by him to the defembothe.
went and married the cousin of the woman on whom he bad a who are bankers in the city, is contemplation of bankrapiey,
inhaled this irreparable inie,y, What defence could he make and to the injury of his other creditors. The payment was
Dew 1 World he attempt to deny the promises / They would I made before the act of bankruptcy, on which the commission
be proved to have been solemnly made, and as soienlirly era- was Mended ; at this period the bankrupt was wader appreben.
lamed after the lapse of years; and could be further proved den of baiskuptay, bat he was not ea pressed for the NOOK? by
-by a letter in his own hand, addressed after his marriage to the I the defendants sato render its payload legal. It appeared
lather of the pleintiff. .In this epistle he expressed his bope that the bankrupt was is ember, assed eireamstances, and bad
that Betsey did sot take his marriage amiss, and concluded by been advised that he could only extricate himself from his dill •
• strange ociefision of ideas—which fortunately did not proceed "hie' by a eommi.aioe, bat be did mot himself positively drink
from an Irialuraa—foche sabecribed himself Your afiectionate that such, a measure moat be adopted. He had received a 1""e
nephew and amen, William Hiatt." (A laugh). perhaps the from his bankers, requesting to know whet would be done in
counsel for the defendant might urge the age of the lady as a his afar, bet bolding out no threat whatever. Ile said be
ppieffor ridicule she aertaialy bad grows older same she first paid them becausebe thought he might, is boomer, to give them
mieeived the addresses see the defendant, and was now 30 or 37 a preference.
years of age; bat ler'weekl disarm these sneers by at once I The Lord Chieflutioe eaplaired to the 'wry, that in point
consenting that all reinismee should be throw. out of the case ; of law, may payment made by a bankrupt in the ordinary case of
that the Jury should leave out of their consideratiou the *Bided I trade, or under the pressure of a creditor, before the ant of
Wert, the emdempt endured, the hope delayed, the blighted l benkreptey was valid; bet that if be voluntarily, while eon-
"specialism*, earl elsould oaloalate ride, the establishment which templatiog bankruptcy, paid a• individual creditor, the aseig-
the plaintiff bad lost. But before they threw these topics out sees might recover the mosey by action, for the beneit of the
el the ease, let them reflect on tbe feelings of women, infininify I estate. He left the Jury to say whether this payment bad
mere Ineerated than those of a man ; which no commerce with been made iu expectatiou of bankruptcy, and whether it had
the world assuaged—which she endured in Le solitude of see. been induced by any threat of the defeadaila.
rows, shuddering at the very lipped for redress, with no The Jury found a verdict for the
theutdits but those reineuthriences which haunted her like M. 14a.
spectres, and which bed no wink' hut the ruins of her heart.—
The learned commiel proceeded to urge the •• rare fidelity" with
which his client bad awaited the defendant's retina ; the desti-
(idiom amidst which she consented to his add ; and the
advantages, so long hoped for, of which be bad deprived her.—
Ile asked the jury to proceed on the maxim of inspired wisdom,
Do onto others as ye would that they should do to you"—to
say what they would think satisfaction if one of their own
'daughters bad thus bees throws OD the contempt nod rumpus-
eau of the world: this be asked them to give, mid he asked no
ware.
The Solicitor General, lbr the defendant, submitted that the
taking of 201. by the plaintiff, as part of the 3001. was a release
from the defeedant's promise.
The Lord CliiefJusLice said, if the whole had been paid it
aided bare operated as a release ; but the 201. paid fur a peril-
twist purse could ant be considered sufficient to induce the
plairdar to release him from his Funds*.
The Solicitor Gonersl then proposed to mama to a verdict
fur 3001. minus the 201. advanced.
M e. pltillipe refused to Recede to that proposition, unless 301.
s year, promised the father, was included.
The Solicitor General then addressed the Jury, sae contended
that 3001. the sun the plaintiff had considered entlieient coal-
psosation, ought to be the amount of the verdict. He com-
plained that Lis learned friend bad iMrodaced exterior
dietary aggravation iota this sae*. It bad bees opened
as a ease of grave, solemn, and sacred character. The plaintiff,
according to his learned friend's statement, had been much
Injured, and eelibeey was the result. The plaiutiff was a, this
time 40, and the defendant soave • ears younger. 'flue Jury,
as mea of the world, would never believe that elle would have
refused an ad vantagenus :bitch in the absence of this wandering
. swain. bad any such match ofered. When be left her to go to
Anlierina, did sae regret his going, or did she say, Had you
not better marry me before you got" It was really too much
to ask the Jury to believe the lady devoted herself to celibacy.
They could not take the high, powerful. and fanciful relation of
Ms Wanted Mend, as an iodueement to give more than the
1001. which else herself bad ooaiaidered sallicieht compensation.
The Lord Chief Justice, is his charge, said, the Jury were
not bound by law to confine themselves to lbw 3001. het they
sword no doubt consider what would be a satisfaction for the
Injury, nut forgetting at the same time, that the platting' nerself
bad there a dispositioo to receive 3001.
lice Jury fumed a verdict fur the plaintiff—Darns,
FRIDAY. 'AN. S.
gle•WOleru AND OTHERS, AIIaIGNEES T. PELLATT AND
ANOIHIN.
This was as action of I brought by the assignees of
Messrs. Tipped* and Grethaen, bankrupts, to recover 4401. Ile.
the alleged value of wool bonght by the defendants of the
bankrupt, after Nn alt of bankruptcy.
• The act of bankruptcy prior Lun' transfer was clearly proved
MA conviviality snob barterer was admitted to be void
The Solicitor-Cenral thee proposed to redeem the damages,

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AGRICULTURAL REPORT FOR DECEMBER.

From the draught at the commencement. and the subsequent
condoned Was. &considerable part of the wheat wed hoe hew
put in lattelsollt law The appearance, of the on" how •
vows itanheenelly good. Local diti»age has boon ft the
whew by the late goods. from which they are reeneerbeg ; And
throngs gamily. will receive a salutary cruet $, the late
Z esprontatileloanble weather. In our hat. ,we repotted from
tans the usual quantity of wheat had Mt been
sown thrirtaleloss'' wields boa bees contredieted by dlvect/y
opgaidenareortions 'no . nap his pool gram has
the
eraggegahkro*vators is as dleutisded at dm wpm prices.
that wig of n. have determined to contract Mt culturessa•
Report "take still morrfavourably of the turnips. slid of all
von guide craps.. Lamb hare bum far tauter dm* p.m wtlflar
ready for putting in the needy pulses ineeeekeif the semi
Neat
puma= of the market Christmas. vilest Um
smidy, and even advaneed i Ono • hivieneable alioneroantisse I
no doubt. resulung lion the pendent forbearance of landloeda.
Starage discrepancies of intelligence arrive from different parts
the country. In some parts it is pretended that the fanners no
loupe complain, and that • favourable turn in the tinier is in
prorgeet. Facts. and II slew of the case. forbid us, at pre-
sent, to be sanguine in itch a speculation. When we consider
the immense and unfailing supply of live stock at S field
market, so often to an overdrive, the prices obtained there cannot
be donned low; more especially as Use highest prim are seldom
er ever quo ed in the common lawns. Store cattle and sheep,
from the abundance of keep dunng the autumn. hare been sale •
able without any depression of prices; hut cows. calves. mut
foals. have been ni.st ready of sale. Pig brocaing has been
utterly. ruined in this country, by the constant and extett,ive int-
portatron from !remind. flue breeders are taking the
the most judicial steps; either thwaintinuing entirely, or reducing
their breeding
.stock one half. They write from several quarters
that " money is scarce ;" the English of which in fact ts, that
prices are low; for in no pert of the country is money deficient
Ste a profitable purports. whether in coin or paper. he. litre
the surplus or country labourers has been supported with as much
ease as was expected ; but the prospect, especially in case of a
hard winter, is gloomy. The dinaustactioa on accoint of the
tithe system gains ground in the country, and. indeed, iu the
minds of all who reflect; nor due, i, seem possible that such an
antiquated and absurd mode of supporting the priesthood can
possibly endure mum/ years longer, notwithstanding the °ppm-
tea of such powerttricontheting interests.

,J,Se

THE ATHANAINAK CREID.—The Alliall3Sl3l3 Creed,
WI,ICU IA fl c. ui yAI ttttt ten by the minds to be read on
Chrisint.troay. 0111111C41 that day at the Chapel
Hovel at Brightou his M.,jemy was present on :he
lit CaliOn • and tool, the sicrentent. A tiivistary of the
Church declared of the creed in question. " Would that
ti e Church were well rid of st r We du out know
whether ilia* is intruded tube asap Sowards the accowil
plwittnent o. this wish.

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