The Sun.
London, England, 1823-03-31 00:00:00

CHAPEAU DE PAILLE, BY P. P. BLIBENS.

THIS universally admired PICTURE, known
as the CHAPEAU DE PAILLE, and , acknowledged
to be the Chef-d'Leurre of !WRENS 'in Portraiture, is now
Exhibiting at Mr. STANLEY'S ROOMS-, No.2IOLD BOND-,
STREET.—Admittance, One Shilling. Memorandum of the,
Picture, Sixpence. Open from Nine till Five.
It is expected that no person will attempt to sketch or copy
frpm the Picture.

BRITISH FIRE OFFICE, STRAND and CORNHILL,
ESTABLISHED in 1799 for Insurance of
Houses, Buildings, Manufactories, Goods, and ,Mer-
chandize, Ships, Vessels, and other Property, on the most
equitable terms, and on principles affording solid and per-
manent security to those insurcd.
DIRECTORS, &C.
Hon. DOUGLAS KINNAIR!), Chairman.
CHARLES FREEMAN, ESQ. Deputy Chairman.
Rt.-Hon. the Vice Chancellor Francis Freeting, Esq.
Sir John cox Hippisley, Bart. ‘Villiam Marsh, Esq.
Sir Robert Wigrom, Bart. Thomas Maude, Esq.
William Agnew, Esq. George G. Mills, Esq.
J.P. Auriol, Esq. John Soane, Esq.
Jtiliri Bebb;Esq. G. H. Sumner, Esq. M.P.
S. P. cockerel!, Esq. ', Robert Taylor, Esq.
James Henry Deacon, Esq.

JOHN HELPS, RecretArv.

TOOTLI-ACHE AND EAR-ALAI
DERRY'S ESSENCE has received the sane-
_AL flint and support of the most Distinguished Person-
ages in the kingdom, together with the united Testimony of
the first Physicians in Europe, and numerous favourable com-
ments in 'highly 'respectable Medical Journals, where it Ines
been declared to he the "...Best thing ever discore,red for the
Tooth-ache and Ear-ache."—lt instantaneously relieves the

most excruciating Pain, preserves the Teeth sound and firm,
prevents further Decay, effectually cures the Scurvy in the
Gums, fastens louse Teeth, and renders them Firm and Ser-
viceable to the latest period, and etfectus.lly Preven'ts tint
Tooth-ache. • _

_
Sold in Bottles, at Is. IV. and 21.9 d. by Butlers, Chemists,
N. 4, Cheapside, St. Paul's, and 220, Regent-street, (near
the Argyle Booing), Lon tlon'; 20, Waterloo-place, Editilstirqb ;
34, Sackville-street, Dublin; and by the principal Perfumers
and Booksellers throughout the United Kingdom.

SPRING ASSIZES.

DERBY, WEDNESDAY, MARCH 26.
CIVIL SIDE.

CLAIM OF THE CROWN TO LANDS DERELICT OF THE SEA,
ON TIIE EAST AND NORTH SIDES OF THE COAST OF LIN,

COLN.
( Continued from TIIE SUN of Saturday.)
Mr. DENMAN said, that nothing remained but to show their
view of the case, and, after his Lordship's exposition of the
law, leave the Jury to decide. The question was very short.—
The only possible difficulty-Would arise from overbalencing the
case with too much argument ; yet a stranger case no men in
the country could, remember The Judge upon the bench had
never met with one such in the course oflis professional career,
and the strangeness of it would warrant hint in stopping to
make a few observations upon it. There were two issues joined
between thesKing and Lord Yarborough. (Here the.Leritned
Gentleman quoted the terms, as they occur supra.) The main
issue upon which the defendants went was, that the accretion
was slow and imperceptible. He submitted, that this 'affir-
mation was made out by the evidence forahe plaintiff. In law,
in reason, in the nature of things, it could be taken as no-
thing else than an allnvion gradually accruing, not land left
by the sea. He would trouble them with a few citations from
books of authority, to give effect to his own opinions. The
first which he would quote was Bracton—De Legibus et Csn-
suetudinibus Anglia : " Item quod per, alluvionem agro tuo
flumen adjecit, lure gentium tibi acquiritur. Est autem allu-
vio latens incrementum, et per alliivionern adjeci dicitor, quain
ita paulatim adjicitur, ipiod intelligere non possis quo moment°
temporis adjiciatur. Nam etsi tota die iniigns intuitum tuum,
Imbecilitas visus tam subtilia increments perpendere non 'po-
test, ut eider' potent in cucurbita et similibus. Si auterri non
sit latens incrementum, him apparens' contrarium erit ewe
vis fluminis partem aliquam ex tuo prtedio detraxit et vicini prre-
clio appullit, certmn est cam tuam perinanere ; et si lorgini tem-
pore fundo vicini adheeserit, et arbores quas secum traxerit in
eum fundum radices egerint, ex co tempore rudentur fundo
'vicini acquisitor." The interpretation ought be given thus—
" For though during the whole day you should fix your eye
on the soil, such is the weakness of human vision, you shall
not be able to perceive any aggregation of the nice and in-
discernible atoms which consnose it. But it its different
between a latent and an open increase of those increments.".
That definition settled the question ; there was no argument
left. . The increase was perceptible at present ; but was it per.
ceptible while increasing ? No ; but, like the gourd er
pumpkin, that which was now the size of a balloon, not long
.ago was as a ball, a plaything ; earlier than that, it'ivaa as; the
apple of the eye, or any thing smaller.' It increased to its pre.
sent shape.; but the eye could not trace its progress in any;oe',9
of its changes. There, however it is ; end so Bracton 444.
quetitly the matter in question for them. Alluvion might mak,e
a perquisite to a manor by 'derees wholly imperceptible, and
then there was no question of its belonging to the subject.
The same was laid down in a valuable book of King James's
time, entitled " Canis on Sewers," who defined the right.of
the subject to increase by slow and insensible degrees with
the• greatest caution. So,"-said he, "of petty and imper-
ceptible increments for which the King takes. nothing ; for
de nzinimis non carat Rex." Then followed the authority of
Lord Hale, who was the only one cited by his Learned Friends,
and that so slightly that he would venture to enlarge the ex-
tracts. First, as:to the prima facie right of the King to the shore.
Lord Hale says—" It is certain that which the sea overflows
at high spring tides, or at extraordinary tides, comes not as to
this purpose under the denomination of litter marls; and, con-
shiently, the King's title is not of that large extent, but only
to land that is usually overflowed at ordinary tides. That,
therefore, I call the shore which is between high and' low water.
mark, and. no more." For the third, it is admitted that de
jars comatuni, between the high ,and low water-mark cloth
prime facie belong to the King, although it is true that such
shore may, and commonly is, parcel of the manor adjacenk
and so may belong to a subject. It then states " but it is not
to be doubted in the case of an arm of the sea because that
affects the King's prerogative." With this in view, he would
now lead their attention to Lord Hale's report of the case of
the Barons of Barclay. " The river Severn had gained upon
Shinbridge so much, that its channel ran over part of Shin-
bridge lands, and lost part thereof unto the other side, and then
threw it back again to Shinberg. It shall not belong to Aure,
(a:contiguous manor ;) neither was it all claimed by the King,,
though Severn be in that, place an arm of the sea ; but
it was restored to Shinberg., But the truth is, that there the
incrementa of that river belong to the Barorni of
Barclay, es shall be shown. Yet the propriety of the sail was
not lost to the owners that had it before. And the truth.is also,
that river, which is a wild unruly river, and many times shifts its
channel, especially in that flat between Shinberg and Aure, is the
common boundary between the manors of either side, viz., the
"lam aqua. or middle of the stream." Upon the prosecution of
Sir Sackville Crow, there was an information against Mr. John
Smith, farmer of the Lord Barclay, setting forth " that the
River of Severn was an arm of the sea, flowing and re-floiving
with salt water, and was part of the ports of Gloucester and
Bristol, and that the river had left about 300 acres of ground ,
near Shinbridg_,e and therefore they belonged to the Kingby his
prerogative." Here was as complete prima facie for the King us
could well be made out. The Jury would oblige him by attend-
ing to the result. Upon the evidence it appeared, by unquestion-
able proof, that the Severn at the place In question was an arm of
the sea ; flowed and re-flowed with salt water ; was within and
part of the ports of Bristol and Gloucester, and that within time
of memory these were lands newly gained and inned from
the Severn ; and that the very channel of the river did, within
time ofmemery, run within that very place where the land in
question lies—and that the Severn had deserted it, end the chan-
nel did then run about a mile to the west. On the other hand,
the defendant, claiming under the title of the Lord Barclay, al-
leged, among other matters, that by the cximmon custom of the
country, the.filum aqua of the river seem was the common
boundary of manors on either side of the river. When this
state of the evidence was opened, it was insisted uptin that the
river in question was an arm of the sea, a royal river, and a
member of the King's port, and therefore, lay not in preaerip-
. tied to be part of a manor. But the Court over-ruled that ex-
ception, and admitted that such a river, though it be the
King's in point of interest, prima facie, yet It buy be, by pre-