Star.
London, England, 1831-01-21 00:00:00

LAW REPORTS.

COURT OF CHANCERY, JAN.2O•

PHILLIPS V. WORTH AND CITRUS.
Fir K B Soonest moved to set aside an ender made in this causeby
the Vice-('I arcellor, and that three persons might be discharged out
f custody under the following circumstances :—The bill was filed by
the creditor• of the late 11r. Acton, to have the bentfit of his estate.
Mr. Acton carried on :he business, in partnership with Mr. George
Worth, of a enschmaker, at Shrewsbury. When he died he was in-
detited to the defendant., possessed of considerable personalty, and left
George Wo-th, Mrs. Worth. and Mr. Smith, his executors and execu-
trix, who took possession of the property. An application was made
for an injunction, and the defendants put in their answers. Trustees
having been appointed who had refused to act, an order, appointing a
'vetiver, was niai.e on an ex-parse motion. A notice was next served
upon the defendants. calling on them to deliver over all the testa-
tor's hooks and effects to ilr. Harris, the receiver. The answers
stated that the household property had been taken possession of by a
Mr. Black. to whom it had been pledged by the testator, sold by
bin, and that the amount arising therefrom had not extinguished the
debt which it had been intended to cover; that the personality which
had been collected in had been applied in discharge of debts ; and that
the books and certain other things were in the possession of the defen-
dant, Mr. Worth. as surviving partner of the deceased, which he had a
right m keep (all patties solvent), and which he therefore refused to de-
liver tip. On the 30th of November, upon another application to the
ore his Honour made an order directing the defendants to deliver
ever all toe books and effects of the deceased to the receiver within
eight days from the date thereof. On the B.h of Decen.ber,
the order was served. On the 10th of December a writ of execution
a the order was served, calling on them to make the delivery within
fourteen days from the date of the order. On the 21st of December
they were, having still disobeyed, taken into custody, and committed
to gaol in Shropshire, where the defendants had been even tried. It ap-
peared that the plaintiffs, finding they had not sufficient time for the
due service of the Order of the 30th of November, within the eight
clay., went behind the backs of the defendants, and without
rotice to them and to the Court, got the original eight
days enlarged to fourteen days, which he (Sir E. B. Sugden,)
considered a fatal irregularity, independently of the merits of
the case. \Whether the enlargement of the time had really been panted
by the court or not, the defendants knew not ; but assuming it to be so,
from the terms of the writ of execution, they were led to believe that the
delively called (
December bit was to be within fourteen days from the date of
it (the 10th of ), and yet the had been imprisoned on the 2l t.
As to the merits of the case, the Vice-Chancellor had been decidedly
wrong (according to the learned counsel's argument) in making the or-
ders at all, for the defendants had nothing to deliver up. that any per-
son, under the circumstances (which, however, he declined to go into),
had a right to call for.
Mr. Pepys, on the contrary, endeavoured to persuade the Court that
the course adopted here had been in unison with the strict and esta-
blished practice of the Court.
The original order was produced, in which the eight days had been
struelc out with a pen, and fourteen days written over it in a different
hand and with different ink.
The Loan CHANCELLOR said, that such a slovenly mode of making
and drawing out orders might be in accordance with the venerable
practice of this Court; but if it was, it was altogether at vari-
ance with the common law practice, and in the teeth of principle.
Where the liberty of the subject was involved, every accuracy
ought to be attended to; ss Lord Mansfield had said, the party
seeking to commit ought to be held to the very dot above an
The Court would take till tomorrow to inquire into the practice. His
Lordship did not choose to rest satisfied with rashly acting on the in.
formation he might get from a question put to the Registrars at the
moment, because on asking a question of one of them the other day, re-
specting a very important point, be got an answer that the practice was
one way, and on which the Court acted, although on making further
irquiry he had ascertained that the Registrars differed on the point
among themselves—further, that they and the Masters disagreed. If
such uncertainty of the practice as this therefore existed, it would be
dangerous, in important cases, to act on any thing that might be said
at the moment. The parties here should certainly not be kept in prison
ore moment longer than was absolutely necessary.
COURT OF KING'S BENCH, JAIL 20.
SCAVAGE.
THE CORPORATION OF TES CITY OF LONDON V. TER COXEIUIONRRS OP

Till CUSTOMS.
Mr. ADAMS moved for a mandamus, commanding the Commissloncn
of Customs for the Port of London to pay to the Corporation of London
311. claimed by the City for scavage or ahewage upon the goods of aliens
brought to London. The right on the part of the Citizens of London
to claim this ancient toll, which was once taken by all Corporations,
was not denied, but the question which it raised relates to the extent of
the toll The City claim swage for the geode of all aliens, and the
Customs confine the claim of goads to reddest aliens.
The Court granted a rule to show ening.
THE BIRO T. THE TUTOR OT IIIWICK.
This was an application for aro warrant° against the gentleman
who is now Mayor of Berwisloo %gabs by whist authority he supports
his claim to that office. The goossion is whether Mr. Ordc was a real.
dent in the Borough at the duo of his election. It Ls contended that
he was not, and contwqmstwip ire hb elusdon Is void.

eslyng :%e the King's

two seem The facts
was the mother
-brood. Both possessed
his mother, and
They were last seen
ships were supposed
Unfits the above dr-
. ground that illegiti-
widows, have no heirs,
butard being coast-
, no heirs but of his

'aux.)
, under the following
4 had, he stated, been
Hammersmith, where his
' Mr. Bothwell's out.

according to the contract,
*to Ms Bothwell for pay-
ees& _ lattin applicant of having stolen some
a rgat, the yaw et which he esthaned.at Ns and on account of which
I. a magistrate for a warrant. His (Mr.
!!M's)Ywas=before a magistrate on a charge of felony, and
the aulghteme% whir minded la the neighbourhood. committed him for
Win inek upon which be (Mr. Platt) now moved, stateti, on
no past d rise *sienna, thee there was not the slightest ground for
ageramiss, which bad been got up from malicious motives. Under
nese cinneastattess the Learned Counsel rayed the Court to grant a
writ of Habeas Capes
Mr. Janice J. Pars!!.—Take it by all means, Mr. Platt.
ROLLS' COURT.
!MIL or DEaIT V. GEES.
In this case it appeared, that the Earl of Derby had been a trustee
ta two marriage settlements—the one of Sir Watts Horton and Miss
Henrietta Stanley, the other. of Mr. lhomas Horton with Miss Elisa-
beth Stanley. Having had in his hands 6,0001. in which a Mr. Pollard
and his wife were interested under one settlement. while he had occa-
sion to advance a mum to nearly that amount to Mr. and Mrs. Rees,
parties to the snood settlement, he handed over to the latter the greater
part of the Pollard fund, mortgaging for its security the term vested in
him for raising the fortunes secured to them (the Nees') under their set-
dement. The Pollards having been dissatisfied with this arrangement,
had filed a bill in this Court, through which they had it rescinded. The
present bill was therefore filed by Ertl Derby to recover hack from the
Rees' the money advanced to them. The bill succeeded without op.
position.
The Court was occupied the remainder of the day in matters devoid
of general interest.

COURT OF EXCHEQUER, JAN. 20.
BATMAN V. CARRINGTON.
This was an action against a clergyman for not taking away the
.ithes of calves. It was tried at the last Assizes in Gloucester, when a
verdict was returned for the plaintiff.
A rule to *hew cause why the verdict should not be set aside, and a
new trial had, having been obtained, and argued in the last Term,
kb. Baron BAILEY, in delivering judgment this day, observed that
the objection made on behalf of the defendant was, that the plaintiff did
not keep the 10 calves until they were all Mired. whereby the clergyman
might know if he had been fattly dealt with. Now calves were brought
forth at different parts of the year, some in March and some in June.
and it would be unreasonable to compel the farmer to keep those calved
in March until July. Suppose nine were calved early in the sea-
son, would it be fair to oblige the farmer to keep those until a
tenth were calved, which perhaps might not happen until June or
July ? If such were the law, the farmer certainly should submit to
it ; but Gibbs, in his Coder, pnge 708, says that, by common right,
the pan= was entitled to the tenth calf. Burn lays down the same
position, in his Ecclesiastical Law. There were several other *mho-
ruin to the same effect, from which it was to be inferred that if the
tenth calf in order could be ascertained, it belonged of right to the pas-
sim ; but if there were ten calves, and it could not be ascertained which
of them was the last brought forth, the parson should have not the best
nee the wont, but that which should appear to be of an average value.
The Court was therefore of opinion that, when the order was as-
certained, the parson was liable to an action for not taking his calf
away after it had been properly set out, and that, consequently, the
rule for a new trial should be discharged. The rule was accordingly
discharged.

PANORAMA OF THE BRITISH

EMPIRE.

SUSSEX ADVERTISER, JAW . 17.
The parish of Maresfield is now receiving the reward of the liberal
measure established in Isl 9, aod continued ever since ; namely, of
paying all abte-bodied agricuheral labourers the wages of twelve shil-
lings per week, whether married or unmarried : this, and the paternal
care taken of the welfare of the pessantry, no doubt, are the CUM
why there have been no Mitarbeiter+ in this parish. At the com-
mencement of the present year, Sir John rad Lady Shelley's annual
premiums to the labourer who had brought up the largest family with-
out having recourse to the parish feeds ;—to the occupiers of the
neatest cottage, the best cultivated garden ;—.to the woman who had
earned the most money for out-doors labour I—to the woman who bad
earned the most money for in-doors labour;--to the boy whoproduccdi
the best testimonial of character and length of service in one place,--the
like for the girl. This year two more are added, for the boy and girl
above the age of thirteen years, who have been out at service, or work-
ing for their parents. or were most constant in their attendance at the
sunday school. The labourer who gained the first premium had
brought up nine children without assistance from the parish ; there
were several other candidates on the list, w.th six and seven children
each. A hespi,able dinner was given at the same time to the children
el
the national and sunday schools.
[AI! this is as it ought to be, and we have pleasure in recording such
attention ; but we doubt whether the thirty-sixth of a quarter of
wheat is a competent remuneration. For 700 years labourers got from
the fifteenth to the twentieth. What a change would be produced In
comfort and general prosperity, if the good old proportion was re-
stored. However, Sir Jobn Shelley is evidently a local patriot, who
aught to be an example.]
We are sure it will gratify our readers to be informed that the case
of Thomas Goodman, who was condemned for Arson at our last As-
sizes, has received the favourable consideration sf Government, and
that his sentence is commuted to transportation for life. However
much we may regret that the execution of poor Stubby should have
been considered necessary, we ball the reprieve of Goodman with the
sincerest satisfaction ; not merely from a sense of humanity, but as an
evidence of the unwillingness of Ministers (as well as of his Majesty)
to enforce a sanguinary sentence wherever a reasonable ground of
mercy can be discovered. We hope that this disposition will soon be
strengthened and enlarged so est* meet the general feeling of the country
on the subject, and cause the entire abolition of those revolting spec-
tacles, which, while they painfully distress the good, only render the
hardened offender more brutal and desperate. A relative of one of the
incendiaries lately executed, was beard to leave the fatal scene with
threats of vengeance : it is unknown what be contemplated, bat it is
certain that a terrific fire almost immediately followed, the perpetrator
of which has not yet been discovered: The celebrated Burke remarks,
" I believe it will be found that conspiracies have been most common,
and most desperate, where their punishment has been most extensive
and meet severe."—[Sentiments of the Susses Advertiser are similar
to those of every provincial paper, and we hope to see a general
amnesty.]
About half-past six o'clock last evening, Mr. John Pickett, of nib.
bert's Farm, Horst, was stopped by three men, between Cobbs Mill
and Cobbs Mill Gate, near the Hickstead turnpike-road, and robbed
of a silver bunting watch (No. 28.496,) and about six shillings in
silver. The rubbers knocked Mr. P. off his horse by a blow on his
head with a bludgeon, and when down, one knelt on his head, and the
others rifled his pockets.
The Landholders have taken alarm at the rail-way from London to
Brighton. A meeting has been held, and some resolutions passed. Sir
Benjamin Hallowell Carew in the chair
That a rail-way from London to Brighton is not wanted, for the
purposes of commerce ;,and that the country through which it is to pass
being merely agricultural, and the present mode of conveying pas-
sengers from London being sufficiently expeditious, that so far from
being likely to produce benefit, it is considered that the measure is in
many respects likely to be of great injury to the community.
" That the rail-road will cause very great loss to the owners of the
said lands, as it will divide the fields throughout the line, in a highly
cultivated country, in a very inconvenient manner, and will bring an-
noyance and facility of depredation by its publicity.
" That if the bill proposed to be brought into Parliament shall pass,
the agricultural interest will be prejudiced by the diminution of con-
sumption of farm produce, and eoachmasters and others engaged In
the conveyance of passengers to Brighton will suffer extreme loss and
injury: and many of the labouring poor will be thrown out of employ-
ment. '

EMITIOUNIII, Jaw. 14.—A farmer in this neighbourhood has for
some years past allowed his labourers to rent of him os very moderate
terms, half an acre of land each, the produce of which has bees ea an
average. 100 bushels of potatoes, and 10 bushels of wheat, a year, thus
giving to each labourer SO weeks' supply of Sour and potatoes
for his family, besides enabling them to bring up a pig or two.
The same farmer, also, supplies his workmen (who are at liberty or
net to take it) with good sound mutton at 441. per pound, and
• bog at Ss. per stone. This land is first ploughed and the crops
carted gratis.
At St. Augusdne's session. on Tuesday week, in an appeal case,
witness war asked by Sir Edward linatchbull to relate what toe&
place between him and his master, which he did as follows :—" I told
him he was a d—d liar." Chairman—" Very improper language."
Witness-0 I can't help that; lam come here to speak the truth,
and you have got it."
It has long been wished that Schools of Industry might be es-
tablished in the neighbourhood, and the present Master of the Infant
School, has taken suitable premises in an Open 'and airy situation is
Southover, for the purpose of establishing sash schools.
On Monday evening a meeting was held at the Crown Inn, in this
town, to take into consideration the propriety of drawing up a recd..
=ion to our Chief °Seers, to cell a public meeting of the inhabitants
fee the purpose of preparing s petition to parliament, preying foe
Reform In the Representation, sad an Investigation of the present dio•
tressed state of the country, ate.
Mr. RuueU, of the Theatre Royal, Brighton, opens our Theatre,
tomorrow evening, with the whole strength of his Brighton Company,
hi addition to which, Mrs. Egerton, and a distinguished Amateur, are
to make their appearance. Mrs. Egerton is now the auxiliary
at the Theatre. She is, indeed, a sterling actress with those who
seen and listened to her, there can be no contrariety of opinion on that
point.
Mrs. Gilbert has considerately allotted garden ground for needy
forty familes, to be cultivated by them at their leisure hours.
The King and Queen purpose giving an entertainment at the Pm&
lion on Friday u'unight, the Lath instant, upon so eateoded a ask
of invitation, that from eight hundred to a thousand persons are 100' I
petted.
MARRIED.—At Newdigate, Surrey, the Rev. Alfred Lyall, to
Mary Drummond, fourth daughter of James Schudi Bruadwood, Esq.
Dl RD.—Mr. John Screw, of Bonham, 7.3, deeply lamented by his
numerous friends.
CHELTENHAM JOURNAL, JAN. 17.

A few days since we notices! the trials of a crowd of men for ma.
chine-breaking, at Gloucester Assizes. The following sentences will
evince the propriety ef an early general amnesty :

- -
Fourteen Years' Transportation—Thomas Bishop, Samuel Seal,
Henry Compton, Joshua Stevens, Robert Stevens, James Silk, and
Joseph Edgington, convicted upon two indictments, for machine.
breaking, and received sentence of seven years' transportation for each

offence.

Seven Years' Tramportatioa—Robert Bull, Joh. Poole, Worthy
Mann, Elia. Parker, Wm. Jefferies, Wm. Spencer, ins. Edgwortk,
Edward Musto, Richard Cole, Thos. Weaving, John Hunt, William
Mitchell, Thomas Smith, Henry Eldridge Benjamin Timbrill, Rich.
Vanwe Isaac Bouiton. John Mitchell, Eldridge,
Cowley, and Christo-1
pher Panting.
Three Years' Imprisonment—Thomas Welb, convicted upon two
separate indictments.
Two Tears— Robert Miles and Charles Ferris.
Eighteen Months —Robt. Parker and Edwd. Scolford.
Eight were sentenced to be imprisoned for Twelve Months. two
for nine months, ten for siz months. and twenty-nine were discharged
on entering into their own recognizance of 101. each, to keep the
peace, and to appear to receive judgment whenever called upon.
There are reports in circulation that their Majesties will visit Chel.
tenham, Bath, Bristol, &c. this year.

MARRIED.—At Cirencester, the Rev. William rye, to Maria.
retta, daughter of J. Crippe, Esq. M.P.
DIED.—At Cleveland House. MI, Selina, widow of Richard Pul-
ler. Esq.

LANCASTER GAZETTE, JAN. 15.
Number of Marriages at Lancaster, in 1830, were its; Rapt.
384 ; Burials, 301.

Preston. for 11129 and 1930—Baptisms, 976-840; Martlagas,97o,3o4
Deaths. 629405.

Leeds-- Marriages,l,l3o ; Baptisms, 11,455 ; Burials. 1,314.
Cow.—The Comet mentioned to Ur. Herapath's letter, published
in the London newspapers, was seen here on Tuesday morning. it has
a full and bright nucleus of a bright colour ; the tail was about two or
three degrees long, and pretty vivid. It rises in the South Bast, a little
before lye o'clock in the morning.—Gore's Liverpool Adserfiee►.

A bounty having hitherto been paid by Messrs. Feilden, Throp, and
Towoky, of Blackburn, to their weavers who turned of above a cer-
tain number of pieces per week I in consequence of their determination
to abandon this system, the weavers turned out• On Monday and

Tuesday they went to tke worts edifiers. B. Eccles and Co. sad in.
dead their men to turn.out. Meows. F. and Co. bandged a few
fresh hands, they were beset and M-treated by the old s.—Ekiek.
burn Gwen&
Lnrsavoot. Assasstesrrs.-..The number of tenements in this town
liable to be seemed to the poor-rates is now 27,786, of which there
are— Aseessesent. Dwellings.
selo and under.......
15,113
£lO and ander £l5. 3,140
Alb and under MO.
2,468
£lO and wader MO.
410 and under £4O 1,349
£4O and under .150. . . 743
IMO and upwards
At Kendal, In 1630, the Barometer averaged 29.67 Thermometer,
45.79. Rain for year 58.03 inches, and 194 rainy days
Guries Csaartv..—On Saturday last, 705 yards of linen cloth were
distributed to 190 poor persons residing in Turton.
During the pest week Mr. Denham distributed the annual bounty
of the Earl and Countess of Wilton to 508 poor persona redding In the
townships adjoining to Heaton Park. Besides an allowance of broth
and provisions, there were distributed 1150 yards of linen, 1148 yards
of flannel, 395 yards of woollen cloth, and 115 blanket.. Moles. than
1584 children also partook of this bounty. In the school supported by
Lady Wilton, there are 70 girls and 183 boys, and these all dined to-
gether and received new clothing.
MARRIED.—The Rev. R. H. Thorpe, B.A. to Mary, eldest
daughter of Mr. P. W. Dumvile, solicitor, Manchester.—At the Min-
ster, Beverley, Captain Unett, to Miss Mary Anne Mmes.
DIED—Mr. Thomas Ryding, Mount Pleasant, Preston, in the
68th year of his age. He wholly employed himself in making spring.
trusses and in Innnetaating children. He kept an account of tke num-
ber be has innoculated for the last twenty years, which is 16,666.—
Mr. Baron, many years solicitor in Wigan..—Mrs. Cooper, wife of the
Rev. 11. Cooper, of Hoghten, near Blackburn.
CARLISLE PATRIOT, JAN. 15.

New agricultural markets are proposed for erection at Carlisle, on
the Sheffield plan.
In a discussion at the last Sessions about gaol salaries, the following
comparative statement was exhibited of the duties and salaries et
various Gaol Chaplains in England s
Winchester.—Two services on Sunday—prayers daily— frequent it
visits to prison (per annum) - • ISO 1
Gloucester.—Two services on Sunday—prayers Wednesday and
Friday—frequent visits . - 200
Derby—Two services on Sunday—prayers daily—one visit weekly ISO
Hereford—Two services on Sunday—pray en Wednesday and
Friday—frequent visits
illorpeth—Two services on Sunday—no prayers during week—
occasional attendance
-
Durham —Two services on Sunday—prayers daily...frequent
attendance - - 201
Aylesbury—Two services on Sunday—prayers daily - 200
Shrewsbury—Two services on Sunday—Prayers three times a
week—frequent attendance - l5O
Northampton—Same as Aylesbury - - 200
.
Bedford—Two services on Sunday—prayers daily - 250
Cambridge—Same as Aylesbury - - 50
Bury—Two services on Sunday—prayers daily—frequent at-
tendance -
Ckelmsford—Same as Bury—daily attendance
Bodmio—Same as Derby
Reading—Same as Bury ,
Dorchester—ditto

. 180

. SOO
-sot
-1n
- 200
-200
-350
- 200
.-4o
- 200
Carlisle, ditto • - IBS
NEWCASTLE AND CARLISLE RAILWAT.The line of this great under-
taking, which has been commenced from mar this city, is now being
proceeded in with much spirit. The stupendous bridge at Corby also
will go forward prosperously. The road le already laid down for a
considerable distance, and great prepared= has been made in exca-
vating the tunnel near Dayton.
John Daly, 25 years of age, weaver, was apprehended on Monday
enondes lest ; and committed to take his trial for having, with many
idiom &toady assembled in the parish of Saint Mary, Carlisle, and
porissed the extinguishment of stub, which bad been feloniously
set as ire.
The wool market continues brisk. and low German work under
Ss. per lb. are still in request, which has occasioned an advance on
that kind of wool, in the London market, equal to eve or di per
OWL
An explosion of ire-damp occurred in Lady Pitt, Workington, last
week, by which live men were burnt—one of them severely.
Considerable agitation prevails in the Penrith Library, on the sub-
ject of a bequest of a large collection of books, made by the late Har-
rison Wilkinson, Req. to the president and committee, as trustees for
the ben* of the inhabitants at large. It appears that the collection
includes a large number of books, both political and religious. deemed
by some persons, of a very improper character, and this circumstance
has induced the committee to decline taking charge of the bequest.
MARRIED.—At Kendal. Joseph Sweinson, Esq. to Anne, young-
est daughter of the late Mr. Alderman Webster.—At Liverpool, Mr.
Samuel Lytbgoe, surgeon. Of Waihsea, to Miss Appleby, of Egre-
mont.--At Stough, Mr. George Bailey, to the only daughter of the
late John Devi, Seq.
DlED.—Thomas Simpson. Seq. of Watt's Reid, Kendal, aged al.
—an eminent coach-proprietor, and well known en the turf.—Mary
Ann, wife of Adam Askew, Eft. of Redheugh, in the county of Dur-
ham, in her 74th year.

Prettow—ditto
Kirkdale—ditto

___,
—The Court granted ; ruh illaw atm
Mr. CRESWELL 0101111111, OW* umanhanaa, calling
Advocate to try, la at. We at law, whether
in entided, under a wilkitertlift lIMPIIII a ha two
K.
:wed to the Con* Ma. C..........
of two children lAD want shrewd.
property. The. trial Ira all ha had
the younger by to hlshoothsr. I
It Elan's; M. meling la Meow oh
to be lost, . . dim board of. Uo
. "f tbs praparty, on the r
mate - ' '#'`
111""tw" karlag Wow or wido,
and ''''', Wills pumonality—a b
dared . kl% se" iwallinajamis, can ham
mow, •
. a nib laths. atater.
° SAIL COURT.
(.11Mmt We. Andre James Pairs.
likilhoisimmt Oa • wit of Babas Corps, tit
diippluimihrialis pora for whom he applied ha
litidlgiAlpetitialmata NEW Botitwell. at Hams
dim, ttr, to repair am of I
law The week was UMW amoral
NOW SIM oboe as application was made to Mr.
wow. 'nu Lass, Dower, acestardth! apecant of
__. _