The Sun.
London, England, 1822-05-09 00:00:00

LAW INTELLIGENCE.

COURT OF KING'S BENCH, MAY 8.
EARL OF SIIAFTESBURY AND OTHERS V. RUSSELL.
The plaintiffs in this case are trustees under the will of the
late Duke of Marlborough, and the defendant is a collector of
the King's taxes. The Duke of Marlborough owed arrears of
window, house-servants, and other taxes, to the amount of
1,8001. for which the defendant distrained the furniture, pic-
tures, &c. of Blenheim House, the residence of the Duke, and
levied upon them the arrears due.
The arrears of window, and house taxes, amounted to 7001-
which was all (as the plaintiffs contended) the defendant could
levy upon the goods distrained, the legal estate of which was in
the plaintiffs, although the Duke had the use of them.
The SOLICITOR-GENERAL, on the other side, submitted,
that as the present Duke was the apparent owner of the articles
distrained, the defendant was justified in distraining them.
Verdict for the plaintiffs—Damages 1,1201. subject to the
opinion of the Court, upon the point disputed.

ROUGE TT NOIRE.—BERARD V. POPE.
The plaintiff brought his action upon the Statute of the etb
of Anne, to recover back a sum of money which he lost in play
to the defendant, at the games of Un, Trois, Cinque and Rouge
et Noir.
Henry Compton, a Clerk in the Stage-coach Office, Somer-
set House, said he knew , the defendant, who kept a house?.
77, Jermyn-street, St. James's. He went there on the 7th
Nov. last, and saw the plaintiff playing the game of Un, Trois,
Cinque. Pope, who was master of the house, was present. Lie
saw him take money, acting as the master. The plaintiff mt
down his money, and the witness saw him lose between Ow-
and 701. He said to the plaintiff, " I think you have lost be"
tween 60L and 70L" After that the plaintiff began to play. at
Rouge et Noir. Pope, he believed, was at the table dealing
the cards. The plaintiff lost, on that occasion, 301.
The LORD CHIEF JUSTICE sai4,_it was impossible the law
could ever be enforced, except they admitted the testimony of
persons who were present at play, and who for some reason or
other, may think proper to appear as witnesses. The Juel
ought to be sure the money was paid to the defendant or bI
servants. If the defendant, being master of the house, Plae°l
servants to receive money won, it was the same as money
into his own hands.
The Jury found a verdict for the plaintiff—Damages, 901.

THE KING V. THE INHABITANTS OF ST. itYsTILL.
This was a rule calling on Thomas Carlyon, Esq. to chew
cause why an order of the Cornwall Sessions, quashing en 35:;
sessment upon him for the relief of the poor of the parish .
St. Austell, in respect of certain mines alleged to be in bl°
occupation in that parish, should not be quashed. The glue"
for the opinion of the Court was whether Mr. Carlyon
could be considered as an occupier of the mines in q_uesril
within the intent and meaning of the 43d Elizabeth, at
therefore rateable to the poor ? Mr. Carlyon being the MO"
of the sod :in question in fee, had demised the surface, re'
serving to himself the minerals, which he had granted,
Mr. Joshua Rowe, and other mining adventuress, rends:L1
nd!
to him one-eighth share of the produce by way of r.nt. 11,
question was whether this reservation of a share in the r°
nerals produced constituted him an occupier, and therefore rO5
able ? The rate in question was made in respect of 40001-
upwards, the annual income derived by Mr. Carlyon under fo"
grant to Nlr. Rowe.
Mr. WILDE argued the case for Mr. Carlyon with consider'
able ability.
Mr. ADAM, contra, was stopped by
The COURT, who were clearly of opinion that this esee„,.../711%
not distinguishable from Rowles v. Gell, and Ren v. the 11"1":i
tist Mill Company, 1 Maule, and Selw. 612, and decided in
Mr. Carlyon was liable to be rated as an occupier, within I"'
statute, and therefore made the Rule ablsolute.
somoomumem.........mssins

FROM TUESDAY NIGHT'S GAZETTE"

DIVIDENDS.
August 27. J. Archer, Ware Park-mill, Hertfordshire'
miller—June 12. R. Prince, Luggbridge-mills, Htret.gcra,
shire, miller—June 1. J. Thompson, Atherstone, Win" ••
shire, linen-draper—June 15. J. W. Austin, Print,
Coventry-street, linen-draper—May
,28. G. R. OW/ si'u.lovr,
Minories, merchant—June 8. J. Washburn, Great Tucker,
Buckinghamshire, wire-manufacturer—May 28. J. 11. op,
Jermyn-street, St. James's, chemist—May 30. W. Chubb,Thoniro
Tottenhill, Norfolk, cattle-dealer—June 1. W. P. css-
Ad, chemist—Juneßailey, Merton, Surreit_...,
lico-printer—June 8. J. Rood, Porsmouth, common-brevirt.;
May 30. W. Hutton, Evesham, Worcestershire, porter-deaerks,
Wor
June 3. B. Gibbons, jun. and 'l'. Stokes, Level Iron 03,
Staffordshire, iron-masters—May 29. G;Lawrenct, Ereshil
Worcestershire, victuallers.

CERTIFICATES.—May 23. ibt,
J. Field, Picket-street, Strand, linen-draper-4•
Halifax, merchant—G. Illyth, W. Blyth, and F. 13131." of
mingham, merchants—J. T. Gray, Wardour-street,
coal-dealer—J. Herington, Fareham, Hampshire, togrcej:cre,
Holden, Ripponden, Halifax, grocer—T. Butlin,
street, Portman Portman-square, apothecary.
PARTNERSHIPS DISSOLVED. ter
L. Ridge and W. Cator, Lower Sloane-street, Chelootor
dealers—W. Price and S. Addenbrook, BiiminghaTn+ der'
founders—C. and J. Ellis, Mansfield, Nottinghamshire, io.
cers—T. Gosden and W. 11. Peachey, Bognor, Stisslk to'
chers—J. S. Barker and J. llaskew, Cock-hill, Ratcmnfey
bacco-manufacturers—E. Beatty and J. Armstrongi,73o.
Pool, joiners—M. and J. Barton, Liverpool. broke
ham and W. Laver, Gzeat Stamb itlge, Essex, farm,
Thornton, J. Thornton, J. T. L. Melville, and H. N•
ton, King's Arms-yard.

COAL-MARKET, MAY 8.
Ships at Market. Ships soldBl Price' (0
to es
Newcastle - 48,1. 30s Od 4ll
11 Sunderland - - i -31 s Od_tfoej

BIRTHS. iPeti
On the 7th inst. at his house in Devonshire-street, the
of James Alexander, Esq. M.P., of a son. die
hile'
On the sth inst. at his seat, Cuerden Hall, Lan
Lady of R. Townley Parker, Esq. of a son and hei_!............0,..."

MARRED.
On Tuesday last, at Rye, by the Rev. John SlYegiaoc-:
Lardner Dennys, Esq., of Teignrnoutb, Devon, W
only daughter of the late Joseph Haddock Es of
p(l'
S ussex.
On the Ist inst. at St. Heliers Jersey, Udny
of London, to Sophia, second daughter of Richard
sett, Esq.
On the Bth inst. at St. Clements Danes, oeY,
Wh
Esq. of Huntet-street, Brunswick-square, to Agitl of
youngest granddaughter of the lace Rev. Wee.
Bala/ 'A l'itA",
On the 6th inst. at Ilalberton, the Rev. J. Engles, f LP-
hter °
Wadham College, Oxford, to Elizabeth, second dattg-,con•
late Henry Nlanl-y, Esq., of Manley, near Tivertnnt-'l,e 66fr
Lately, at Drypool church, .John Fisher, p
regiment of foot, to Mary Henderson Vitty, aged Wal'
to PP;
and el en months. riYate t 4611
On Wednesday, at Leeds, Mr. T. Batho, gwcer'-degro,
bn ~rije
Elizabeth Whitaker, both of the same place. "I
and the
had been a disconsolate widower tr-caty
widow two months.
MED. the°

Daughter of Mr. Maurice '.; n '
On Saturday last, at Queen street Broupton,
Ql,l-1:,:. Iliad
guoeAonntrsy,C
clainfetrdo.i nast,i;otuenrstltho. ell,:l:toffettleLi
roitefußitk.a_ri(Trioil
1:01;EI Icsrsi
go..
fS)fhtfsaeisin2::Cbeyriajt:gt:,
~,,,
,5,,
,wid
RBuasisrtell,i,Urarstq. ,
811ilratpthaes tie, reCf'
On Wednesday, the f;th inst. at Long'sllotel, Bon-10 tb.
county of Durham, aoc'd 57. . I spa";
At Shalapoore, on the lab ,)f Novemb• last, deeply of the
servedly lamented, Lieutenant Charles Villiam Cottl C,. jr.
' sth Regiment of Madras Native Cavalry, eldest son c,,hevi ~'
lq.p , of gmoopeth cas
Cotton, Esq. of Kingscrate, in the isle ,f Thanet, tlevel+9
John Cotton, Esq. of -..ir.:vonshire-place,and of Joh
of
n r...;.,„,,
' Esq. of Queen Park, High Sheriff for lie cmnty
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ilo'
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Printed and Published for the PRO'IIIETOR,
AIA' ot_a
'
Office, No. 112, Strand, by J B. CAM

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