The Sun.
London, England, 1824-03-29 00:00:00

ROYAL NAVY, &c.

PORTSMOUTII, DIARCIr27.—Vice-Admiral Sir Grahani
Moo RE
R, K. C. 8., returned from the M editerranean command
in the ochefort, 80, Capt. Charles Scomberg, C. 8., last from
Gibraltar,
day. The in 22 days. Sir George struck his flag on Wednes-
Rochefort will sail. to-morrow for Chatham, to be
paid off. The Phaeton, Tribune, and Glasgow frigates left
Gibraltar on the 28th ult. for Algiers.
The Maidstone, 46, Comtiodore Chas. Mullen, C.B. arrived
from Woolwich, fitted for the African station. The Commo-
dore is expected to sail On Tuesday for Sierra Leone, to as-
sume his command. On Tuesday the Sparrowhawk, 18, Hon.
Capt. Dundas, and Arrow, Lieut. Powney, sailed on cruises;
and on Wednesday the Basilisk, Lieut. Hough, arrived with
seamen from Chatham. Remain at Spithead, Rochefort, Maid-
sone, Grasshopper, Basilisk. In the Harbour, Queen Charlotte,
Victory, Bulwark, Albion, Jupiter, Tweed, Samarang, Medina,
Cyren, Terror.
The Samarang, 20, Captain Sir William Wiseman, Bart. is
ordered to be fitted for the North American station. Major-
General Sir Howard Douglas, appointed to a command in
North America, and suite, will go out by her.
It is with singular pleasure we announce, that that highly
distinguished and respected Officer, Admiral Sir J. Saumarez,
Bart. G.C.8., Vice-Admiral of Great Britain, received his
Commission on the .24th instant, appointing him Commander-
in-Chief at Plymouth ; and he will assume the command on the
10th of April next. John llPArthur (2), Esc.i. Secretary to the
late Admiral Campbell, and Purser of his Majesty's ship Prince
Regent, is to be his Secretary.
- Lieut. henry Cooke Harrison, of the Gloucester, and Lieut.
Wm. Robson, late of the Tyne, are promoted to the rank of
Commander ; Messrs. Liardet and G. Pan spy, to the rank of
Lieutenant; Mr. John Thompson, late ,Medical Officer at
Ascension, to the rank of Surgeon, and appointed to the Bann.
•A part of the 95th Regiment will embark to-morrow in the
Royal Britain transport (2), Lieut. Ley, Agent, for Malta.
On Thursday 189 male convicts were removed from thehulks
at'this place, to on board the Chapman, for Van Dieman's
Land. Among the convict& are the following from this,. vici-
nity :—JoeepeChick, Leon:aid, J. Phillips, J. lloswood,
W. Shepheard, W. Cunningham,
.J. Rourke, and Thonias
Ware.

Admiral Sir James Saumarez, Bart. G.C.B. is appointed
Commander-in-Chief at Plymouth, and will hoist his Hag on
board the Britannia, at that port, this week. Captain Philip
Pipon is appointed Flag Captain.
The Gloucester is to he stationed in the river Medway as a
guard-ship. Captain Sir Edward NV. R. C. Owen, K.C.B. is
appointed to command her.

NORTH ERN EXPEDITION.—We stated in a for-
mer Paper, that the North Pole Expedition, under Captain
PARRY, will be accompanied by the William Harris transport,
Lietet. J. 'W. Pritchard, for the purpose of carrying out pro-
pelling wheels, to be used on the ships among the ice. It is
now intended that another transport shall proceed at once with
canoes and various necessaries for Captain Franklin's part of
the service, which canoes are to be forwarded to the mouth of
Mackenzie's river, to which spot Capt. Franklin will proceed
early in the ensuing year, to endeavour to penetrate from, that
spot westward to Behring's Straits—i. e. making the North Pole
passage. The canoes are of a light description,-but as they are
to be carried over the projecting headlands and promontories,
they are to he inflated when used. Captain Lyon will endea-
vour, by the use of similar canoes, to trace the coast from Re-
pulse Bay to Copper-mine River, whilst Captain Parry will
again pass into Lancaster's Sound, and in the neighbourhood
of Melville Island renew his endeavour to make a successful
passage thence to Behring's Strait#, and thus accomplish the
great object of the expedition. Every care will be taken to
prevent similar privations to those experienced by the former
land expedition.—( Portsmouth Payer.)

This was an action on the Black Act, 9 George I. c. 22., to
recover a compensation in damages against the hundred for the
felonious destruction, by fire, of 160,000 fir-trees, of more than
the value of 2001., by some person or persons unknown.
Mr. MARRY ATT (with whom was Mr. CHITTY) stated the
case. The plaintiffs were trustees of the late Mr. Timothy
Curtis, who had purchased a quantity of waste land on Frim..
ley Common, which he had planted with fir-trees, for profit,
about twenty years since. By his will, the plaintiffs were
made his trustees and executors. By the will, he devised his
Frimley estate, and the trees in question, to his grand-child-
ren. The woods had been placed under the care of an
authorised agent, who resided at Frimley. On the 6th May
last, a great destruction of the wood had taken place by fire,
which was willfully kindled by some
.person or persons un-
known. It was concluded to be intentional, inasmuch as two
unsuccessful attempts had been made to destroy the wood in
like manner, within the preceeding fortnight. The damage
sustained amounted to about 1,0001., but the plaintiff could only
recover 2001. under the statute. The usual notices were given
to the inhabitants of the hundred, and depositions made before
a justice of the peace, respecting the mischief which had been
done. Pains- were taken, by offering a reward, to apprehend
the offenders, but without success. Under these circumstances
the present action was brought.
Mr. Timothy Curtis's will was put in, to prove the plaintiffs'
title to sue. Other evidence was then given to prove the formal
parts of the case.
'John Tucker, gamekeeper to the Duke of Glocester, proved
that on the 6th May last he observed a fire in the woods in
question, between 12 and one o'clock. He made to the fire as
soon ai possible. He first saw the smoke at a distance of a
mile and a half. There was no lightning or tempest at that
time. Before he got to the spot he saw a man looking at the
fire. It appeared that the fire had broken out at the edge of the
wood. Pains were taken by himself and other persons to put
out the flames. 'Witness could not say in what manner the fire
broke out.
_ _ _

Cross-examined by Mr. BoLLAND—CouId not say precisely
where the fire began. Next day he saw the spot where he sus-
pected it commenced. That spot was near a frequented path,
near Mr. Laurell's land. The heath was very dry. The tire
had been burning to the distance of a mile before it had got to
Mr. Curtis's plantation. Between Mr. Laurell's and Curtis's
plantation there was a high road. The fire was strong enough
to get beyond the road.
Robert Gale, gamekeeper to Mr. Laurell, proved that about
one o'clock on the day in question, he went to assist in extin-
guishing the tire; before he got there, about 300 acres of his
master's woods were burnt; about 100 acres of Sir William
Curtis's woods were destroyed. Next day he saw some small
remgins of furze where the fire had been kindled on the
heath in the plantation.—The furze appeared to him to
have been brought there for the purpose of making a fire,
—Tire nearest house to the spot was about half a mile off.
in which a wo-kman of Mr. Lauren lived. Where the fire
broke out was half a mile from any regular road. On two
occasions, shortly before the 6th of May, there were alarms
of fire. This was about a fortnight before, in the night-
time. The fire on those occasions was put out. Another tire
had broken out in the middle of the day, in the park, on the
Tuesday preceding the 6th of May. On that occasion, he saw
a small firebrand close to the place where the tire began. He
saw some dry rush grass collected there. Witness had been in
the plantation on the morning of 6th May, when every thing
appeared safe.
Cross-examined.—All these fires had broken out first on
Mr. Laurell's land. The country was wild and open. lie
never knew of any trampers or Gipsies having been in the plan-
tations since he had been there. He had lived with Mr.
Laurel], for 16 months. Gipsies, and other persons of that de-
scription, never frequented that part of the country.
John Taylor, son of a farmer residing near the plantations,
gave evidence to the same effect. The fire was extinguished
by beating it out. Some of the trees were about eight or ten
years' growth. Sir W. Curtis's trees had been pianted longer
than Mr. Laurell's. Nearly the whole of Sir W. Curtis's plan-
tation was destroyed. In his opinion there was no doubt of
the fire having been kindled on purpose. He was of this opi-
nion, from other attempts made before to fire the woods. He
had lived in the neighbourhood 23 years, and he never saw any
Gipsies there.
Mr. Curry deposed that he had the charge of the wood in
question. Ile resided near the spot. He had given notice of
the fire to three of the inhabitants of the hundred. In his judg-
ment the wood had been fired designedly. He did not see the
mischief done until the following day. The depositions taken
before two neighbouring Justices respecting the fire were put
in and proved. The defendants were also proved to be inha-
bitants of the hundred of Godley, in which the hamlet of Frim-
ley is situated.
Mr. Luff, a nurseryman, proved that from 150,000 to 160,000
trees were destroyed. The damage exceeded 1,0001. The trees
wer 17 years' growth.
The case for the plaintiffs being closed,
Mr. BOLLAWD, for the defendants, submitted that the plain-
tiff's' remedy, if any, should have been founded, not on the
9th Geo. 1., called the Black .Act, but on the Ist and 6th
Geo. 1., which make the inhabitants of the next contiguous
parish, and not the hundred, liable for damage of this descrip.
Don.

Mr. MARRYATT and Mr. CHITTY were beard contra, con-
damageot efntdhine gl'itlhaact
Black
Act,forli fir
e Ivahes
la, damageundred w within the
liable.meaning
The LORD CHIEF BARON said lie would reserve the point
for the Court above.
Mf. BOLLAND then went to the Jury, and contended that
the evidence for the plaintiffs was insufficient to justify them
in coming to the conclusion that the fire complained of was oc-
casioned under such circumstances as would bring the case
within the Black Act, so as to make the hundred liable.
There was no evidence, he submitted, to show that the woods
in question were wilfully, maliciously, and feloniously set
on fire. The cause of the fire was mere matter of conjecture.
It might have been occasioned by some mischievous boy—
some tramper or Gipsy lighting his fire, and accidentally
igniting the neighbouring plantation. But supposing the woods
to have been fired maliciously, still it was proved that the fire
commenced, not in Sir W. Curtis's, but in Mr. Laurell's
woods; and the object being to injure the latter person, the de-
fendants could not be liable for an injury not intended against
the plaintiffs.
The LORD CHIEF BARON summed up the evidence for the
Jury, and left them to consider whether the injury complained
of was occasioned by the wilful and malicious act of some un-
known incendiary. The evidence upon this point was cer-
tainly loose and vague, but it was for the Jury to decide that
question in the plaintiffs' favour before they would be justified
in finding a verdict against the defendants.
The Jury found a verdict for the defendants.