Star.
London, England, 1824-02-14 00:00:00

_

• •


--.'sst 16, . Cambridge,
Noarote.—Saturday, Mardi 20, at Thetford.
SUltrOLL—Saturday, March 27. at Bury St. Edmund's
'NORTHERN CIRCUIT.
Before Mr. Justice BAYLISS' and Mr. Justice HoLsoTD.
Thisugm—Saturday, February 28, at Durham.
Wirramassaans—Monday, March 1, at Appleby.
Cussasacasm—Thursday, March 4, at Carlisle. .
Noasuunsaat.mos—Friday, Mrch 5, at NeWatitlet
LANCASTlR—Wednesday, March to, at Lancaster.
Yoaxanteri—Saturday, March 20, at the Castle of York. •
CITY or Yose.—Same day, at tee Guildhall of ditto.
s;COURT OF. KING'S BENCH, JANUARY 13. .
IMPORTANT PAROCIIIAL CASE.—RICHTER V. HUGHES.
This was an
_action against the defendant, who is
Collector of Parish Rates for Islington, to recover da-
mages
from him, for an alleged trespass, committed
• upon the plaintiff, in- imptoperly, levying upon his
goods. The defendant by his plea alleged that he was
"acting under the warrant of certain Trustees-of a Local
ACt of Paeliament.: -to which the plaintiff replied that,
these trustees bad exceeded the powers given them by the
Act, awd this lseirig denied by the defendant in his re-
joinder, joinder in demurrer came therefrem. -
The facts of the case were shortly these : a private
Act of Parliament passed, giving to certain trustees
powers to raise £30,000• by loan, annuities, or other-
wife; for the purpose of building a new Church, at
Islington providing, flue salaries .fora Clergyman,.
Clerk, and fl-other general purposes in forthevance of
the Act." Towar4s.payilie the interest of this sum,
the dues arising out of burials ,were appropriated, but,
the trustees were' also empowered to make rates frOns
time to time upon ,tbe parishioners (never exceeding
`2s:6d. in the pound), if the dnesWere insufficient topay
the•interest. The Money it appeared was raised, and
salaries struck out for die different individuals about
the3Obirroh; but in order to increase these, and to pay
off a part of the -original loan, the trustees borrowed
A:2,43170 more, and proceeded to levy for, the interest,
not of 4;80,000 as-contemplated by the Act of. Parlia-
ment, bet of 132,600. It was upon this disputed *loca-
tion of.their hiving exceeded their powers, that the
question came before the Court. It was one of coml.
deralsle interest to the parishioners.,
Mr.-Peat appeared to support the defendant's plea.
He laid dawn these two .positions--that unless a rate is
a priori illegal, no objection can be taken to the levy ;
that when an objection lay to the quantum of the rate
' or its.future application, it should be discussed by ap-
peal before the Quarter Sessions, and not in this-Court.
In this case it was not pretended that some rate npoa-
the plaintiff was not lawful. He was a housekeeper,
therefore a proper person to be rated. The defeadanti
was acting under the warrant of trustees, who had a,
power, which was not denied, of levying for the interest'
of,tbe original loan of £30,000. But it was Said that,
they were confined- to the specific sum of £30,000,
Certainly, under that Act, they could not bistro* more;
than 1'.3t15000 originally, but they had_a general power,
given them to further the general objects of, the Act,
and therefore the details of these objects were entirely
in their •discretion. He would contend that the
could levy rates indefinitely (not exceeding 1_
the pound, however), and that if they Misapplied
they were answerable in another way. The
fore, in itself was not illegal, and the plaintiff
no exception to it here.
_ Mr. Justice BAYLEY.—By which I understand,
say, that although these trustees were empow,red 'to
raise 1.30;000 under a particular Act of Parliament, yet
they can raise as much more as they please._,....
Mr. PARK adverted to the case of poor.ratat, where
there is often more levied in a year than is wanted .f
the poor, and the residue is suffered to stand over 16
the next. year.
•.Mr. Justice Bartey observed that the case.was very
different from this, for in the case of the, poor the levy is
made prospectively, and it is not always easy to calcn-'
!Ice -what sum. may be a anted for the next year. Here
everything was definite; the Clergyman's. salary seat,
fixed, and.to were all the other expenses; so that tbegh
could be no difficulty in knowing the sum that wool: 4
be accessary: - .
Mr. eARK again referred.to the general powerssw‘t
which tbs trustees were vested, of carrying the Act 4*,
effect, and cited the case of the King v. St. Mary. a;
Gloucester, in Cooper's Reports; in winch it was held;
that, unless the rate is, on the face old' it, uneqs4, it,
must be valid. Here the rate was, in the first iettanee;
improper, whatever its stibsequerit application might, Iry
and the plaintiff should have appealed against the+
lowance of the collector's accounts, and not questioned
altogether the validity of the rate. .
Mr: Caarri was on the other side; but the Court"
said they had made up their minds upon the case, and
would not trouble him. -
The COURT then decided that there was nl• pretence
for keying this rate. Here was an Act of Parliameitt,
empowering certain persons to levy rates for paying the
. interest .of 00,000, but they go on to levy interest for
&WO. Who - could pretend that they had not ee-
ceedei their powers ? The case of the King v. Glouces-
ter was.qeite distinguishable from this, because there
the funds 40 be provided for the poor could not be
- **Lily ascertained. Here every item of the expense
mast.defined and known, and therefore the Commis-
' committed the first sin in raising any more than
at
and the second in levying rates to pay the.
-at the £2600, which they ought never to have
, bokoitiii—Judgment for the plaintiff. .
- -
..- -ittlitT OF COMMON FLEAS, -FEBRUARY 13.
. . **Si SPIKES V. --- TURNER, ESQ. SHERIFF OF
SURREY, AND TWO OTHEIV.
".. is leas an action brought against the Sheriff of Sur.
ret.`hieunder-bailiff, and an auctioneer, for. having inn;
prOp .wj7 'doled an execution upon thegoods of the plain-
t*
.4, appeared from the plaintiff's evidence, that she
was the daughter of a half-pay officer, and was a young
Lady of considerable accomplishments, who, haring
dO6tett her atiention to nittsical pursuits, had coal-
iiteiceit'ilie pitifesslooof a teacher of that science. She
hsd besides opened il i! Rsoisertory for the sale of music
and )mosieal..instwime.hier. at No. 2, New Terrace,,
wilditnisietil instrumentt; and, at-the time of the execs'.
Apijigntlevie'd', ViOklikplissession of i,v4riety of piece,
of sidle Tavhith *eget seytetl with the rest of the pro-
-3w ;hsv,-bonse,,, the •esecution being levied against
"i• ' -prepetticatthe shit of one Jonathan Mar.
SOY; lbribe ittib:Of
.081. it was also proved that
'She Mid Purchaseri.dte,mtisic in question on her own ac-
count, that she liatpaid for a part, and stood debited
for the remainder in the books of Messrs. Burchall, MI.

-:7lf

lantern, and of. Mr. Gale. The value of the musk was
stated at sixty gitineas. The ;defence set up wes,",thif
all-the property in the hotise belonged to the father,
who bad taken ft on his own account, and had made
himself iesportisible for the rent.—The-son of the are- .
ticineer was called.to shew that the music had mild-may'
for about 71. -On his cross-examination he gated thee"
the quantity of music mentioned in the, eatalaguebell
been put in by mistake, but-that the-mistake 4d.been
corrected at the time of the sale, and that hectienidered:
every thing had fetched a fair price.
The Cuter JUSTICI left it to the Jury to consider,
first, whether the proof of the purchase of these pieces
of music by the plaintiff was not sufficient to establish
her right to them? and secondly, whetherthey thought
She was entitled to a larger sum than the 71. which they.
had fetched at the sale?
The Jury, after some consideration, • returned a vet
diet for the plaintiff.—Damages 481. ,
Mr. BINGHAM and Mr. Serjeant VAUGHAN Eppeared
for the plaintiff, Mr. Serjeant Psis, for the defendant.
FEBRUARY 12.
GROOM! AND OTHERS V. SIR T. CHAMPNRYS, BART.
Mr. Serjeant PELL, being called on'in his turn, said
he was sorry-to bring before the Court the name of a
person who. had been so often before it—that of Sir
Thomas:, Champneys. This Gentleman, the Learned
Serjeant continued, had long been in a state of embar-
rassment io money matters, and that he was io Ilchester
Jail, under very great distress; but that his affairs had
been placed by his trustees under the management of a
very respectable Solicitor, Mr. Tyndale, of Lincoln's
Inn-fields, for the purpose pf an arrangement, whiCh
it was very probable would speedily take place.—
The defendant's advisers found that there was no
possibility of extricating him from his difficulties, but
by- a sale of his estates. In order to carry into effect
that object, three 'most respectable trustees had been ap-
pointed, one of whom was a very eminent Member of
the Chancery gar, and all of .whorn had
,very hand-
otnely consented to undertake the trust vested in-them.
Under these circumstances, and considering that if the
defendant should be deprived of the benefit of the Role
he had obtained, it would make a difference of tfi,bbo
in his property, he the Learned Serjeant trusted the
Court would enlarge the time of payment until the first
day of nest Term.
Mr. Serjeant Oust ow opposed the application. Hi
admitted his brother Pell-had put his application in the
most powerful manner. He(Mr.Serjeant Qnclow) had
attended particularly to the affidavit on which the pre-
sent motion was fonudesi : and he observed that it did,
not state that a single deed had yet bolo executed, but
merely that the defendant had consented tragertain
rangements. What would be the situatioe,e. hir clients
in the event of the defendant's denial !War:Lordships
would recollect that the an4uities were ufon two 'lives,
and in die event of thedefepdsent7s dense before the,
proposed arrangements were completed, they would sus;
rain a great loss. The Learned -Serjeant urged the delay
and inconvenience his clients had already eaperietieed,,
d also the lost they had suffered by the shange:in the
value of money.
• Mr. Iistice.BURROUQU observed, that the defendant
was known to have large estates in Somerietshirt.
Mr. Serjeant Ottawa& wets about to resume, when ,'
The'COUni thought, 'that under the circurnstantai:"
disclosed in. the affida 141)1

1130LTIINT DRITO*II'. COURT, Flif3RitAtillr la. ~ .
• Y-ftiirirriiir a ii*Vat Officer on h4pay, :vit.-4
posed by Mr. Nip ir. on bebair niAt r.iolmes,. It,
agent, in Lyon's Inn. , . -'t -.. e ... 1.,.;'
The ground of Mr.•Holisesla eiraplaint was, that at
insolvent borrowed la. of him itt QeM ' ber latt and 54'
'on the I:Sth of fleecy:llse:4 i few.ol4‘ys folfothe went 'roi
prison.- The advaace was .made .01i.auhsecitteat hill!,
' pay to t 1 et dental-dm 81st It Decembers and payabloi
nil:Cc: it
tit.ttet liiiirtn ovter the ridavit:llltiss6vibviCh-tt
416oattle!
he witneis was able to receive itirealthe Nair Beard.
It was on this affidavit that he made the adVantes. •
Mr. IhAtR contended- that the ifiablvent being in
'son, and contemplating the benefit-40i ilit, he was
.
• in a condition to assigh over any. of Nis e ects, .
-Mr. Hohbes replied, that liii oppositif was bi'lle:
'Arial to the insolvent,* 'OM be to lay a Irptlition.
before the.Board,,4 vi,k440.14 A "too*
,o, -
the insolventa :In this matinusni.ibe court,. egikuisce,d,
The insolvent sal Mr. flohites held a power of at,
torney, ii)tlltivon hale even in the affidavit had lie
not been arrested..
. c hi'i4 a wile and .'Aye. chiqiivo, a-bd '
considering be hid seen thirtY•two years' service, his
pily was very trivial. • •
The COURT ordered the'irtsOlvent Oa ;Atli the
vit, when he roped, 40' he. was *plod 0. mi. ititt.
pay his wife and family.W9nlo ioetitablY li",4tiii4.t,
-The Learned Coorusaatonta observed, that they
bound to do justite..—litiOlVeMdiseharged. .. , ,';'.'l
COURT OF KING'S kn./oi, Ii OBLIR, nadi.
TALiot v. notate.- ' , , :-: , - •
Our Readers will recollect 'that; iit'ilbinelfflte ago
gave a very full report of the diictissilin in thliase, n
the Court of King's Beech. It was an application on
the part of Mrs. Talbot, the 'wife. of the pnplilar actut
"of that name, (Or a ctithing information arai#st Mt.
Verner, the Sovereign ei Uelfaitt;fot an act 41. Ma isle. '
vial oppression.—This day, the Court delivered its jntlg,
men!, for a criminal infbrbtationoand (uttered that the,
defendant (as in the case of the- King tes,.•.Ctamists)
'should pay the proiectftnr% "initpf this aPptiefitioh-o-
and if the defendant sjioUWObitictji) ,flo
,sp, then tre'
conditional order for a criminal informatl4.l.lgillia.h!al
shied be made absolute. , Their Lordships„ also ob.
ailed; that the -,fllciSion of the COtirt upon the present
appliCatioii,.
,Mtist Mat -preltidte" Afi prosecutors right
to seek further satisfaction by way of action.
Mr. DOGHIRTY (K.C.) appeared as Counsel for Mr.
Werner, and contented to the terms- imposed by the.
editit.L.The i ilk was thetefore discharged
'
*::=2
•tt• - te 1 ig, yaw rr.ef, reggaes, anti. gt.4pe, west yeitertley
exposed for sale in , iept4arderkttarket ; eaultfitititt3
vegetables, asparagus, celery, and radishes, werUitliojo
'the in raft.
ViridlieslaY'ltsr,a9F ihßslz., Lady and het duo*,
ter were passing aloair . sr.;.j.w&zn4gb abottrittiok ts ,
'were ovettakett by about -sit Wiliam. whoctinPumled
Item, lint ifor4t manceot.prevanted ;heir. Pen riMni.rit
`few minutes afaerwarshi, the Lasky perceived 4ss sOrac
and pinticoat had been cut, and part-of het poet* sot pjf,l
containing about 41. a pair of spectacles, handkerchief; St.c.

~tr:3136, I I -WV:
4
I.

•
LAW INTELLIGENCE.
• -
LENT•ASSTERSo.44IOII.BOLIE CIRCUIT.
Rehire Lord Chief Justice ABSOTT and Mr. PARON GRAHAM.
lluczneassasantaa.--Tburiday, Blare!' 4, at Aylesbury.
Bearoamsstaa.--Wednesday, March 10, at Bedford.
HusTmopowsnias.-rSaturday, March 13, at Huntingdon.
Csataatucitsulaz...—Tuesday, Marsh 18, at Cambridge.

ere entirely disclosed hi. the a davit, the time 0t413 to be en
the trustees laxged : the money was secured to the plaintiirs.by inart
g 25;•6,1. in mew,, and they would, receive interest for it in. tile
Pl Olga, meaaftinie. **s
rate, these-
'Ail entaitiojiptof. pl t awc co.alftbegronteil, itta,
could take lb. *wen" Amu. shoilifoto gala on*
• Grit day it neat "eadbocAites list traass.#
rand ynn to on that thdatistialtlik; •"'
'tn