The National Register.
London, England, 1821-11-12 00:00:00

THE NATIONAL REGISTER

ing the case hafore Iha Court, there was no feeling of a
vindictive Haute, the sole object being to prevent an
kV provident e%tir 'Allure of the young lady's fortune,
and to protect her from the miseries which such an alli
once would in al! prithality impose upon her.
The Lord Chancellor.—W lien will you be ready with
your afililat its, Mr. !lomat', to answer this ease?
Mr. Itoupell conceived a very short time would be re-
quisite.
The Lord eltaneellor.—l understand the two Ttarlows
were in court yesterday, and I cannot conclude that they
refuse to 'Oulu], before the breaking up of the court. I
shall remain liete till half past one, and if they are not
then present, t shall conclude this ease.
The court was then occupied with other matters until
the above named little, when the Lord Chancalor depart-
ed without further noticing, it.
Ttrunso.tv, Noe. S.
CONTEit Pr couaT.— sl; Li:11 v. SARLOW.
Mr. Ittaipt ft AA, d that the affidavits on the part of the
tirfendant. eery or went tenth, and their contents were of
such a unitise, that he bid to request his Lordship would
hear him in hi: private room.
The Lorl Chancellor—" If the Coumel and Salicitors of
the patties nil' attend me now in my private-room, l hill
hear it
Ili., Lordship then retired, and after being absent an hour,
relented.
The Lord Clunicellor—" L hind some difficulty in hearing
this rase out of Court ; or any ca.e whew a ward of Court is
concerned ; hurt silt. re both parties CIIIISCIII, I 110 1011 111111 k
I 0114111 In refuse.•' Ills Lordship committt tl one to
ihr
custody of the nnrden of the Fles t, and ohscrved that lie
would read the affidavits, and further consider how lie would
deal with the other.

COURT OF KING'S BENCH.
WEDNINDAV., NOV. 7.
Rig/it of Dothing on lhj Sea Shore.
}MUNI/Ell., O. COTTAIt
When the Judges took their seats this morning, judg-
ment was given upon thi• interesting question. It was on
action of trespass tried b, fore Mr. Justice Bayley, at
Lancaster. The plaintiff, who is Lott of a Manor, and
owner of soil oil the River Mersey, where he claims an
exclusive right to fish, sought to exclude the defendant,
who keeps an hotel on the spot, from passing machines
between high and low water mark, for the purpose of
bathing. The defendant insisted on the common lass
right of all subjects of the King, to bathe on the sea
shore. The question censequently arose, whether per-
sons had a common law right to pass over the barren sand
of the sea for the purpose of Swathing?
Mr. Justice Best first fit lives ed his judgment upon this
important question. lie cot iiiii owed by expressing his
concern that lie VIM compelled to differ front the Court.
After giving this case ull the consideration be could, lie
found himself bound to say the subjects of this country
ball it common law right to pass over the sand of the sea
for the maltose of bathing. The right of fishing, claimed
exclusively lay a Lord of the Alatior, could not interfere
with the public right of the subject—all the legal authori-
ties be could find were against it. To claim such a right
was isiconsistent with the law of the lanal.,-••The leagued
Judge cited the dish of Judges found in var. legal
authorities, and ecrieluded by declaring, that the defeat-
dam, upon his tie of the la tr,was entitled to the judgment
of the Coml.
Ale. Justice Holroyil was of opinion, that the right to
tits the sea shore was not to be found in die
bow, and couseqnently held that the plaintiff, in this ease,
ought to have judgment.
Mr. Justice bayley said, the question in this case eras,'
whether there was a common law right in the King's sub-
jects to pass the sea shore to bathe, notwithstanding a
person had a prescriptive right to fish? lie was of opinion
the piddle hail not the right of going on the eta shore to
bathe. 1 be sea shore belonged to the Kitt:, wile Callict seal
the right of itaviation and fishing, but it dial not folio%
if•at they had the light of bathing. If that right did exist,
it wools, not be confined to one spot, hut extend to the
whole extent of the sr a chore. The Crosse had the right
of the sea shore, and it would out withhold the right of
bathing vf het e it did not interfere whit private property.
11 bathing had been allowed on any fit a:nl proper part of
the coast, it won't, become a right by custom. The pas-
sages front Lord Bale fell short of the estahli‘hinent of
die claim couteittled fur. The only authority lir• could
find to make out what the jar puldicuto was, he pound in
Itracion. These it was said, till' 10111:4* had a right to
fasten trees on the banks of all navigable a fivers, but could
it really be possible to allow that right in the absence of
authorities its show such right exists? Not satisfied with
the authority in Marion, the Judges considered the plain-
tiff hi this case entitled to recover.
Judgment was accordingly entered for the plaintiff.
csauwttag V. sita.s.
Mr. Scarlet' moved to set aside the verdict and enter a
nonsuit. It was an action against the defendant upon a
contract. It was stated in the declaration that the defen-
dant undertook, as a cumulous carrier, to convey It chests
of black dye, tour in a ship, to Mr. Chadwick, dyer, al
Leeds. Tim chests were nut sent four in a ship, and by
the breach the plaiiitiff sustained a loss. A a rutten order
wits sent to the defendant in the following terms To
he forwarded, four in a ship, to 111 r. C. Clanda ick, dyer,
Leeds." The paper was signed by the defendant's servant
Milli the initials W. 11. t lien the paper was produced at
the trial as evidence of a contract, Mr. Scariest contended
that it could not be received, being a contract which re-
quired a stamp. The learned Counsel now contended, in
support of his motion, that it ads evidence of a contract,
and could out be received without a stamp.
The Court held that the paper was 110 to be considered
a contract, but evidence of lite delivery of goods to the
wherlinger, upon which a contract arose.
The a tile fur a nommit was consequently refused.
hikikat U. INGHAM.
Mr Gurney moved for a nest ti tat in this case. It was
an action ou a bill of e xelaange for aol. The defence sat
tip lads usury. Tittle had to a disruuming of the bill,
and silver at lids A taken, to the 111110U111 of 101. At the
total, a person w Ito ass Jebel ibed to be a captain of local
militia y 1141141, that he look toe silver infidels to a pawn-
broker (Atchbutt) out the Smiley bide of Westminster
Bridge, who declared they were worth no more than 41.
The question arose on that c. idence, whether the plaintiff,
in taking 101., had rectivcd a usurious consideration fur
discounting the bill/
The Jury found for the defendant.
MT. Gainey now stated, that as soon as lbe trial was
user, the plaudit) strut to the ItAtA 'blacker, anti found this

story respecting the 41. a wicked imposition. The faet
was, they pawned the articles, and never made inquiry
respecting the value.
The learned Counsel said, he had the affidavit of Mr.
rclibutt, proving that the articles were pawned, and that
to the best of his judgment as a Silversmith, 101. was mot
an overcharge. The plaintiff had since endeavoured to
get an inspection of the articles, but without success.
The Court granted a rude to spew cause.
THURSDAY, NOV. H.
TIIE RING, V. TURNER.
The defendant appeared at the sitting of the court to
plead to an jiitlietaticsit preferred by the Constitittiomil
Society, for publishing Carlile's works. The indictment
was read by the officer, and the defendant pleaded not
guilty. He was toll his trial would come on et the Sit-
tings after 'f e
RICHIRDSON, P. SIR R. NEAVE..

This was an action against lite defendant, the Sheriff or
and another, for an assault and false imprimmucid.
e al., was tiled at Chttldhall before the Chief Jietice,
mid a verdict given for the de lentlani.
Mr. S..ailett in this instance moved for a new trial. It
appear.. I that Ow plaintaf, who resides in Essex, was going
to Loud sssss u lien lie a as stopped by the ()Dicer of the
of Essex, who said he had a writ of Ca. Se. against him.—
The plaintiff said it must be 'nine mistake, as he did not owe
any person the sum tar ii hich the writ was sued out. The
name in the a sit was William Richardson, and the plaint ill's
name ails John. The otlicer insisted on his caption, and
look the to Isis house, where it was discovered that
the a rut had been sited out by some malicious person, mid
the plaiiiiii,* was 41t-clutrlzeti. He then brought this action.
The Chirt itt.tire, in his charge to the Jury, said there was
no doubt the arrest had been malicious. hut the Jury had to
lictlicr the officer had received instruction stilt.
cient to point nut the plaintiff as the person to be arrested.
The Jere found a verdict fur the .I.4esolant.—Mr. Scaricit
now (-untended that no instruction received by a sheriff,'
officer could justify the arrest of a person whose name mai
tint in the aril.
The (out t granted a rule to spew cause.
lIPEtiT U, •PIDREVII. . .

Mr. Gurney moved lu set aside the nonsuil in this cats
and enter a verdict for the plaintiff. It was a penal action
upon an ace of the 55111 of the late King, brought in by Mr.
ILi vies Gilbert, to prevent parish officers supplying the poor
with provisions. The act applied to five parishes its Sussex,
111 1.111. of w hich the defendant was guardian of the poor.—
Si appeared he had made a contract to sell sheep to a person
named Griffiths, and it was contended lie had incurred a
penalty of 491. by infringing the aforesaid act of par Hamm.
The learned gentleman contended that the contract was oh.
vionsly an infringement of the act, which had been passed to
p v cut the very thing whidi the defendant had dour. If
half a dozen di:admits of the poor made contracts with the
farmer, they hail au interest in the provisions supplied, and
conwipiently could not exercise a proper superintendaure
over the concerns of the poor. In that view he subiniittd
the nonsuit ought to he set aside.
The ChiefJ witice.—T here is enough to induce the Court
to grant a rule to slier/ cause.
Cillit!teli v. eIiTON.

This action was tried before Baron Wood at Croydon, and
a verdict given for the defendant.
The Common Sergeant applied for a new trial, on the
ground that the learned Judge had rejected admissible mi.
donee, The question was, whether the signature of the
plaintiff to a warrant of attorney was genuine? Evidence
was called by the C 1111 l tllollSelielllt to prose the plaint If
was ion in the 111/111 a here the warrant of attorney was said
to have been executed time sufficient to :1114W him to virile
his mime to ice on the instrument in miestion. Ile also called
tile father of the plantar, who swore it was nut his sini.
band-writing. Four other %%Unease: were called, all ac-
quainted with the plaintiff's hand writing, and they all de-
posed I hat they did ilia believe it to be his sigitature.—The
Common Sergeant promised to call the inspector of forged
notes, and two inspectors of franks in the general post-office,
persons a ell skilled in judging of haul a ritinr, who lie use
instructed to say, would have stated their ()pluton that the
signatures in question acre forgeries.
The learned udge considered such evidence inadmissable,
and consequently rejected it. The Jury found a verdict fin
the defendant, therchypillirming the signatures to be genuine.
The learned Common Sefgeillat contended that the direction
of the Judge was erroneous, such evidence halving been re-
ceived by Lt.rd Kenyon, Jll4l4te Buller, Mr. Justice. Asliur•t,
and Judge (Muhl, on a trial at bar. The question urn
those authorities ought to be reviewed; therefore he (ru-in
the Coto I would grata a new trill.
The Court granted a rule to spew cause.

COURT OF COMMON PLE.4S, Not. 7.
11 VIIS V. TOP li A 9 K OF EMMA it O.
Sergeant Lens moved the Court for a role to shew
came
why a new trial should not be gratited in this case. The
!Nulled Sergeant staled, that the plaintiff had brought an
action against the Rank of England, to recover the value
of two sums of 3,0001. sacb, 3 per Cent. Consok. and 7.11.
Long Annuities, w hill' had been sold out by his brothel,
John Delay Davis, under a forged power of alto. liry
sod on the trial it was proved, on the part of the link,
that, on the 10th of January, being the time at which the
dividends on 3 per Cent. Stock were paid. John Remy
Davis had paid to the plaintiff's hankers, and to his credit,
the sum of 1.101., which was the exact amount of the divi-
dends that would be due to the plaintiff on his stock, had
it not been sold ; from which fact it Was inferred, that the
plaintiff knew, at the time this payment was made, that
his stock had been sold by his brother, and that lie Ewa
ecived the payment as interest on the debt doe he 4
by
brother, in consequence of making the sale. The phontid,
(said the learned Sergeant), Is now prepared to prove that
this payment of was made by his brother on account
of house-keeping expenses, the two brothers and !lull-
mother filing at the time living
together at their joint
e%petice ; and in support of this fact there was not only
the affidavit of the plaintiff, but also of his mother, Lad)
Davis, and of their Mailer, who keeps the family acconnt,..
As soon as Sergeant Lens bad concluded, the Chief
Justice said, "'Take you. role, and, as far as it is proper
for me to entertain it wish on the subject, I wish it may be
made absolute. It is a most distressing ease; it the Pr"
sent verdict must bt and, the innuctitt plaintiff will
.be-
ruined—and ruined, too, because he dela)eil to give In
formation to the Bank, which would have certainly led to
prosecution aids brother for a capital offence."

A ministerial paper states, that Mr. Baron Gra-
ham and Nr. Baron Wood have retired.

Volice.

BOW STREET.
TEE WE/Matra Rua.—On Friday a person acting as
shopinan to Mr. Dobree, a pawnbroker, at Charing Cress,
appeared upon a sonorous' to allsWef Inc complaint of Jane
Jones, a poor hui very deceit looking woman, fur refusing
so deliver sip a actiuili ring, which she had pledged there
for a small sum of money.
Mr. J ► said, rho had lived at Deptford ; but being some
time ago in London for a day or two, iipon husatess, her
money inn stunt, and sloe was o'diged le pledge her ring,
which was the only thing or viille she had atiout her. As
soon as she could raise the money, she came again to redeem
it ; w hen instead of her own ring, the delemlant gave her
one of considerably less value. But it was nut that lie
minded: sloe would not take ally oilier than her own, if it
were five times the value.
The shopinan declined, that the ring he gave her was the
ante %%his vit turd.
The round:6ll;4A said, she was upon her oath, and she
would declare most solemnly that it was out the same.
Mr. hall..—" is your husband living I— Mts. Jones.—
" Yes, Sir, to the bast of my knowledge ; but he is game a
long voyage to sea, and perhaps I may never see Min again."
Mr. Halls said, he knew what the feelings at wumeu in her
station were upon suck occasions, and the paw obroker A
find her ring if pussii,le, ur give her another ut equal value
ut till evens.
Mrs. Junes went away with the defendant, but soon re-
turned, and stated, that he refused to give her any other than
the one he had before utered. The wm thy magistrate
mediately gave nu order spun the paw übruker to pay her
the full salute of her tie; ill money.
UN 101 HALL. . . .

About seem) weeks;;;o,—,7l —TSCI%4IIIf girl, named Bar-
b:art 'Forrester, left a situation in a lilch she h..d lieen in the
mid ate proceeding over lilac kfriaisaliridge, with
her clothes and money tied up in a boodle, a hen she saw a
woman, of a decent appearanct-, stoop to the ground and
take op something. Toe %uutaut tai up in tier, and skewed
her the Hog, and said she %soukd disole the property with
her.—Tlic servant girl accepted roc ; they stalked toge-
ther an Flirt sired, and having reached a j. welter's shop,
the tinder of the ring put it into the hand of the servant girl,
and (leaned het nt go lido the shop and tisk this price of it,
addiinz, " L -use ti.c clothes wit flue w holey oil gut iii, they
are not half the value or that ping?' Tile poor girl did so,
but soon learned that the ring as as liruss, and ttlion running
out for her b Ile, timid that the ling lindcr had decamped
with it.
Oa Friday last as the servant a its passing tlirmii,ll the
Borough, she sass the thief in company a its a sailor and
charged her a ilk !lie rolthery. The sailor protested the
thief, aho easily escaped down one of the au irluw 1:111.•ry
An °raker, a ho nits passiag, took the sailor into custody.—
The estlor etas [nought below the inaAvaiate; a his pockets
acre found duplicates which he admitted be had gut (tom
the noman wlot was licensed of the ohbery. but denied that
he hail tiny acquaintance a its her.
The sailor's Capt AM gave I • /111 excellent character.
111 r. Chatitheis declared, as it was evident that the sidlor
had acted with imptup,iety, he should not gut r, it tioat tiny ing
the poor gift thiity sbillinrs, ;is S.I1111• teparatioit for her lass.
The Captain became responsible tor the sum, to the event
of nut Gliding the thief.

SHIP NI WS.

llASTlNGs,Nov.4.—Metanekofy Shipwreck —During
the gait of yesteithiy, the Damso gellwt Puling -Murtha,
I rum Boulogne to Bourdeaux in ballast, came on slime
between Hastings and Bye harbour, near the Monello
Tower, No. 33, and very soon became a complete wreck.
—As the gale increased, with a very heavy surf, it was
with the utmost difficulty that a boat could be gut off to
the assistance of this vessel; three ollicers of the coast
blockade, however, made the attempt, in a six oared
galley; but before they could launch ttwir boat from the
beach, they observed one of the crew of the galliot snug-
gling with the waves, and \l r. Uiake, admiralty mid-
shipman, immediately swain oil to his assistance, carry-
ing with hiin rope, the extremity of which was held
by Mr. Williston, who was tip to his neck in the sort;
and although the sea was very high, Mr. Drake sue-
ceded in reaching the unforumaie man, WIIO was nearly
exhausted, and security; the rope round his batty, he
was recovered rlOlll the devom tog element. Titers still
remained clinging to the wreck the master, three of the
crew, two women, and three children, all of whom
could be distinctly seen front the beach. Every exertion
was made by Nlessrs. Drake, Barnett, and Barniston,
midshipmen, and a party of seamen, to get a boat off to
their assistance; and they succeeded in reaching almost
within half of the w reek ; hot, imforiunately they were
driven to leeward a heavy sea acid 'ode, and being
obliged to make for the shore, their mat was upset, sod
they were obliged to swim for their lives. This did not,
however, deter them from making a second attempt, for
hauling their boakalong snore to windward of the wreck.
they launched her again, but they had scarcely Kos
through the surf when the boat skipped a very heavy
sea, and was upset, and, five seamen. comprising the
crew, those brave men were nearly sacrificed to their
humanity, Hug obliged to swim through a dreadful
suer to reach the shore. '('he scene winch hollowed was
distressing in the ltiOtest degree; the wizen mast was
carried away, sweeping into the sea two women with
three children, and two of the crew, they were seen fur
a short time struggling with the waves, but soon sunk to
rise no more. Two of the crew still remained on the
wreck, and were seen on the foremast, to which it is
supposed they had lashed themselves, but as the gale in-
creased, accompanied with a trentendous.sea, every at-
tempt to get to them proved in vain These poor fellows
remained in this situation for several hours, but the
foremast being carried away at eleven P. m. they must
have been precipitated into the deep. The bodies o:
two women, two children, and one man save been
picked up.

The following advertisement is literally copied
from a New Jersey paper:—" To be sold, on the
Sth of July, 131 suits at ksv, the property of an
eminent attorney, about to retire front business.—
Note.tlie client. axe rich and obstinate.