Star.
London, England, 1819-01-19 00:00:00

SENT QUARTER SESSIONS.

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•• • •
•
LA ne INTELLIGENCES

COURT OF CHANCERY, JANUARY is.
The LORD CHANCELLOR resumed his Sittings thii
day at Lincohi's Inn Hall. His Lordship sat in his
private room, and at eleven o'cloek the causes set
cfovio for hearing were regularly proceeded with.-

, OORDON O. GORDON.
In this case, which stood over for his Lordship's%
judgment, the LORD CHANCELLOR said he had, with
.tfie greatest attention, read over the different papers
and allegations of the respective parties. .The con-
clusion he had come to was, that there were some
diEficulties in the case, on which he found it would
be necessary to hear farther argument ; be would
therefore willingly hear any observations that mi4ht
be wished to be made, as early as they could, with
convenience to the respective parties, be briiught for •
ward. For this purpose his Lordship ordered the
case to stand over.
- --------

CUMMINGS V. COMMINGS.
In this case.• in which it will be recollected the
plaintiff, the wife of the defendant, had obtained an
Injunction, restraining her husband from receiving
the rents and profits arising from the estates named
in the pleadings, an application was made by Mr.
HART to dissolve the injunction; on the ground that
every endeavour had been made by the defendant to
serve a personal notice on his wife withoui success,
she having, as it was 'alleged, kept out of the way,
for the purpose of preventing, the notice in question
being served on her. The notice having been served',
on the usual piinies in cases of the nature of the pre-
sent, and the Lady not appearing to it, she hadcoin-
mitted a contempt of the Court; on which ground
the Loan CHANCELLOR refused to hear Counsel in
her behalf on the present occasion, and dissolved the
injunction, at the same time ordering the money to
be paid into Court.
His Lordship rose at three o'clock ; he appears, we
regret to say, to have suffered severely from his late
attack, and still walks very lame.

COURT OF RING'S BENCH, JANUARY ie.

BUTLER V. BEVERLEY.
This was an action on a policy of insurance, effec-
Jed on the 4th October, 1817, On the ship Providence,
at and fiom Faro to London, with a cargo of fruit.
biterest averred to be in the plaintiff, and loss, perils
of the seas.-4t appeared in the evidence that the
providence was a Danish-bUilt ship, and having been
captured during the late war, was condemned as a
prize in the Court of Admiralty, in 1812, and,sold
to the plaintiff in 1817, for £2OO. Having com-
pletely repaired her, he sailed with her on a voyage
to Rouen, in Normandy,- Which she performed ex-
ceedingly well, and having met with a trilling acci-
dent on a sand-bank, in enuring the Seine, she re-
turned to England, and was ;gam put in a state of
complete repair, when she went oat in ballast to
Faro, and was h6Ured with the defereant upon the
voyage- homeward with a. cargo of fruit. She sailed
from thence in October, and -&Id been at see seven
or eight dap, dining Which she encountered very'
-severe weather, when one of her planks started, and
she drew water so fast, that in a few hours the crew
were obliged to abii%don her to her fate, and with
great difficulty reached the coast of POrti;gal. BOOR
afterwards the vessel became a complete wreck, end
the present action was brought against, the plaintiff
upon his policy.
The defence set up was evaMvortbiness; but the
evidence on the part of.the.plaintill being so per-
fectly satisfactory, die Jury, under.tbe direction% of
the Lear rad Judge, found a verdict Siseth,e
Vunages, £2OO.

-
A. Geoideman of the name Of anima had his
pocket-Seek-cut from his pocket yesterday afternoon
is Bond-street, which contained 1:47 in Bank of Eng-.,
land notes, severalbills of exchange, and other papers.
Monday se'nnight, a fine yorh, about 14 years
old, apprentice to. a bookseller in Blandford-street,
se :urnirtg home with a few books under his arm, in
crossing the upper part of Bond-street, about two
o'clock in the afternoon, was knocked down by the
pole of a gentleman's coach Diming fmm Oxford-
street, the horses trampling, and both wheels passing
over the small of his back, crushing his spine, ribs,
&c. dreadfully. He was taken to the nearest doctor's
shop in Bond-street, and from thence to the Middle-
sex Hospital, where he languished in the most ex-
cruciating agony, till neit day about the same hour,
when he breathed his last. A Coroner's Inquest was
held at the Hospital on Thursday evening, and after
two hours investigation, the Jury returned a verdict'
of—Accidental Death.—lt is hoped this will be ano-
ther warning to coachmen to be more careful in.
turning the corners of streets so quickly and sharply,
A few nights since, about nine o'clock, as a soldier,
of the 52d Regiment, was on his way from Dublin
to the country, he was overtaken beyond Leirlip, by
four men, who, having entered into conversation wa
him, attempted to seize him, but he drew his bayone4
and kept then, at a distance. - Not wishing to travel
in such company, he endeavoured to climb over a
gate, bat was unfortunately held fast by iron spikes
placed on the top of it. The four ruffians at-
tacked hint, took his bayonet and thrust itrough
his neck ; they also robbed him of 41. and ' ar-
Whilst , pillaging the • Mow
approaching, and e
unfortunate so
bayonet'

i

OLD BAtatimoußy. is..
Francis Macke) was carnal; indicted for haiki
forged and cooterfelled sr C-1 acceptance-to a bill
of exchange, to the amount of .4. 17s 2d. with intent
to &Baud Was: Mound and John Matind.
In consequence of the. absence of the prosecutor,.
whose rec9gnizance was • estresed, the prisoner was
acquitted.
The Middlesex Jury were then requested to leave
the box, for the purpose of alloyiift the London Jury
to enter it. The Foreman of the Jury then rose, and
holding a paper in his hand, addressed the Bench.
He stated that, with the leave of the Court, he would
read a paper which had been -drawn up. by hiniself
and his fellow Jurymen. The language it contained,
he said, was wholly inoffensive, and he hoped he
should- be allowed to read it.
The Court assented, and it was read, as follows :
• " We, the Middlesex Jury, being on the eve of terminating
Cur most painful duties, most respectfully wish to represent to
your Lordships, tk.it *the verdicts which we have given on the
evidence which has been subrnittad to us, will, when reported
to his Majesty's Privy; Council, be considered as only the deci-
sion of fallible men. That we are convinced. that all sanguinary
punishments have not only a tendency to destroy those princi-
ples of humanity which it is our duty to cultivate, but that, by
their frequent occurrence, they render the heart callous : one
loptanee el which has been brought before us, of a youth having
picked* Gentleman's packet, while the dreadful sentence of the
bwelres recently carrying into effect on four unfortunate persons.
•“ We disdain all visionary ideas and principles. We live to
*sprawl, or wit hie in vain r With these feelings and sentiments,
'We *,fly request, that when these cases are reported,
Viva iirt this Divine injunctiOn--! 14111 have mercy, and
OW (signed)
, Pause Jason, Foreman, *Tnosaselmats
• Rim. Tartan, W. H. AV:I/1014
Tau AS Cu**, J., IL &suns, -
Jonas MATSUI, WILLIAM Ihrann,
T. 1). Dana, Wit.u.kx BLAC faux,
Joan DATUM, Join, Ewa.
The London Jury was then sworn, and the trials
on the London side commenced.
Dorothy Reeves was capitally indicted, for having
uttered as true a forged £1 Bank-note, knowing it to
be a forgery.
It was proved, that the prisoner entered the shop
of a Mr. Shilcox, a cheesenronger, residing in St.
John-street, Smithfield, on the evening of the 24th of,
'Decemher (Christmas-eve): she bought some goods,-
'and.gave a a forged Bank‘tiote in payment. The
address of di Jones, No. 1, Great Saffron-hill,wins
*kitten upon the note, from the direction of the pri-
-saner. This name and address were proved to be
incorrect. •
• By other witnesses the guilty knowledge of the
prisoner of the forgery was proved, and Mr. Lam
the Inspector, proved the note mentioned in the in-
dictment to.be a forgery.—The Jury brought in a
verdict—Guilty.—Death.
THZ 1110 H-STREET Gsue.—Wariey "and Hchait
the two miscreants who were -sentenced to twelve
months' imprisonment, at the Middlesex Sessions,
an offence of a detestable.naure, were placed at the
bar, and arraigned capitally for the full perpetration
of that horrible ctime. - -
Mr.. Asiturnust as Counsel • for the prosecution,
stated-to the Court and Jury, that in consequence of
what had occurred some few days since at the Mid-
dlesex Sessions, the parish of Marrlasbonne, whom he
had the honour of representing, had considered it ne-
cessary to prefer a bill for the;capital offence against
the two prisoners at. the bei: Since. that, however,
h had most carefully perused ill the evidence that
could bebroaght agaitrit die prisoners, and the ye-
;!ilt of that perusal was such at induced him to be-
hese that it would be insufficient to convict them
capitally. He had thought, therefore, thatit Would
be better to spare the an% of the Court and Jury the
' pain -of listening to a detail so odious and revolting
to liciniatrnature.- fie shotild, therefore, under these
circumstances, decline offering.any evidence..
A verdict of Not Guilty was immediately recalled.
Mr. Justice Bunnotiou observed, that he had read
Mall the depositions against the prisoners, and he agreed
with the Learned C,ounsel, that the capital charge
could not be sustained; he had, therefore,' in his opi-
nion, done right in forbearing to go into a detail so
repugnant to every human feeling..
The prisoners were taken from the bar, and it was
with great difficulty the officers could suppress the
feelings of indignation, manifested towards these
wretches by an extremely crowded Court.

Yesterday Mr. J. lUenawsow presided as Sitting
Magistrate at Lambeth-street Police-Office, for the
first time Since his appointment, in the room of Mr.
Rooaas, who has succeeded the late Mr. LEACH, at
Hatton-garden.
C. Goats°, Esq. of Wiston, Sussex, has declined
any longer acting as Magistrate, after holding his
dedimus nearly half a century.
TRONA' LEE Honors, Es is elected Chairman
of the Quarter Sessions for the Western Division of
Kent, in room of Earl Eames% whe resigned, after
filling it nine years. •
The General Quarter Seisioni for the Peace for
the Eastern Division of Easel; which commenced
last Friday morning, were the heaviest that ever oc-
curretithere, fijiy riaittgartiß having been.
laid before the th-anct Jury..
The Norwich Sessions cot root on Tuesday
last. The • • were unttsualli autderdtiv
diem seei#

'ANT

PELL -
POOR OF

1101 M
IVIOON.—,
DlasErING
A1th...8 V. OUARDIAMS air
is case excited a conshle.
iii tunsequenee of its having ..eara at great
length at the last Quarter Sessions, without any po-
sitive issue. On that occasion, after able arguments
'MI both sides, the Magistrates retired, and •upon a
scrutiny of opinion it was found that they were ex-
actly upon a balance—an equal number being for
golfing and exempting from rate the Chapel in ques-
tkM. Hence the necessity of a new proceeding.
Mr. BEATettS again appeared for the Appellant,
and stated, that this was an appeal against a Rate
issade by the Guardians of the Poor at Chatham, in
consequence of their having neglected to include in
diat rate a dissenting meeting-house, known by the
name of Ebenezer Chapel, which is within their pa-
rish. The buildihg in question was vested in Trus-
tees, and was the source of very considerable profits;
and that which he had to contend was, that in as
touch as the persons who attended this place of wor-'
ship participated in the advantages resulting from
the poor's rate, they were equally hound with the
members of Ile Church of England to contribute.
their share towards so beneficial a fund. The Trus-
tees were, of course; the bona, fire beneficial occupiers,,i
and therefore upon them the rate should have been
imposed. The law.upon this subject had been clearly
defined, and the proposition which he had to sustain
was' supported by decisions of the highest autho-
Isity, who had decided that the Trustees were the
only persons who ought to be rated. Upon the jus-
tice of the case, namely, as to the liability of every
Jerson deriving benefit from the poor's rate c0n...) i-
)uting their share towards the general burden, he
*ought it was unnecessary to offer a remark ; and
that this proposition was incontestible, was fairly to
'be inferred from a recent case iu the county of Sur-
vey, which was not yet in print.-There an individual,
as in the present instance, had thought proper to ap-
peal against the poor's rate in consequence of Mr.
owland Hill's chapel not being included. The de-
cision was precisely that which he had now to ask
of the Court ; and that that decision must be ccnsi-
dered as unquestionable, was to be deduced from the
fact of no attempt having been made to remove it to
the higher Courts. The trustees of that chapel were
held to be liable to pay the poor's rate, and they
were now regularly assessed with the rest of the
parishioners. 'The case of Rowland Hill's Chapel
was that of the chapel in question. People were
appointed, to receive the rents, and a regular price
rwas fixed upon the pews. Of Late years, however,
with the view of frustrating the legitimate demands
'of the parish, the word " rent" or the pews was
abandoned, and the Clerk of the chapel now gave
notice from his desk, at the end of each quarter, that
the contributions or subscriptions of the Ladies and
Gentlemen had become due—in other words, that
persons occupying pews, were expected forthwith to
pay for the accommodation which they enjoyed.—
This subterfuge did not alter the fact of rents and
profits being received, and it was upon the existence
of this fact that he rested the justice of his client's
appeal. He should prove that the lowest price paid
for a seat in a pew was 2s. 6d. per quarter, and cou-
pling this circumstance with the size of the Chapel,
which he should also prove, a fair estimate of the
annual profits might easily be obtained.
After these facts had been proved in evidence,
Mr. CIIRWOOD submitted, that the only point for
discussion here was, ,whether the meeting-house in
question was taxable with the poor-rates or not ?If
the Church were liable to that tax, so was the meet-
ing-house; but he humbly submitted that the one
was no more liable to this tax than the other., lie
could not deny, if it could be proved that large pro-
fits had been obtained out of this chapel, that those
profits were liable to the poor-rates. No such proof,
however, had been or could be adduced. There was
proof whatever of any contract ; and all that
could be elicited from the witnesses was that they
made a voluntary contribution amongst themselves
every quarter for the support of their Minister. That
such contributions could riot be made the subject of
a tax was clearly proved by the judgment of the
Lord Chancellor in the case of the Attorney-General
v. Foster, 13 Vesey,jun. 187, in which an application
was made for the appointment of a receiver. His
Lordship there held, that he had no power to appoint
any person as a receiver of voluntary contributions.
It was clear in point of law, before any step could
be taken with regard to Ebenezer Chapel, that a be-
neficial occupier must be found. if so, who was the
beneficial occupier? The Deacons, it was proved,
were mere spiritual officers, who had no contronl
over the funds ; and the Trustees were only appointed
to superintend the observance of the doctrines which
were to be preached in the building, without any
reference to the money which might be collected
among the congregation. Hence, in point of fact,
there was no-benefical occupier ; neither were there
,any profits or rents accruing, • which were liable to
the poor's tax. Contributions were raised, but they
were purely voluntary, without contract, and solely
for the support of the Minister. These filets he would
prove by, persons perfectly conversant on the subject.
- Mr. Posammt spoke to the same effect.
The -Court retired to consider of the decision. On
the CHAlltgetzt stated, that the Court
that the raw shOuld be amended, and
shookd be rated

their

other err-AM PiOnvlcn pessioui coonwasmiscr w% augaGais
his neck ; they also robbed him of 41. and y A.
weir return, the CHA11014..% stated, that the Court
tides. Whilst engaged in pillaging the poor Mow, last. The prisoners were minstrel muilletiddr.- had decided that the rate slinuld be amended, and
At the Sotnerset Session! there n* tiiii°lews • gibenner.Chapet shook). be rated at 1.:200.
footsteps were heard approaching, and dterinhde sof. . „,dir. . .
tattler ' • • od ede uziee
This person seeing the unfortunate , . . 'titled • - i - Mr. 'Cu:swoop applied7for
.and obtained a case to
h• At dm &afford Sestions, alibi& aemitesicad..On
on the iron spikes, with the bayonet' satkini( • * carry the question into thaling's
.13encb.
fleck, procured assistance and the
,thare .*in 'Wien Wednesday last, Mr. CARY-wpm the.Cisabinan, re-
.. A vay-. another upped, of Which notice was
drain ; severely, but it is tbotteftt noidhaserad Y
it' marked, that although bttetliketdforitha.:llMltiro , eiven-to the.Desscoor of tbenetet Chapel. Although
hart; the bayonet was stuck se inbis neck, that - since the ~Pe°iOdi SeiidddS Id b•kit be_tfilli:.l4. • ' asii embraced preciselythessainTquestion as the last,
it required consideraleforcete drev?it'Otie After Calendar contained More' thai'lol4---atm„ 1 can mut be supported bt ilie evidence, at
Coarse • :Val to -ItiPPo • .', same
ailiad:die , thatt the number of person! 01111104 0 . `-'mnt? ..t4ra evaironiii request it.inst gone into for the put-
• a short thee it pursuit wait entered cid, nib- ,aii
was
t.i),___.
ir..a.,,w, . ,
• brrettere overtaken; and, we are bIIPPY tb Rh that ventelr;;le eig;,:i7rvT, , Viato eerra.t y. account
40 aseertainla be - 1 -the of the'
von of
.coittralintiosts trppn wilitelf.the rate eras to be -made.
airee.of the nefaiiims gang have been itientited bj dm intenua
riratim . ~, .
..
~ . . . , .
.tha .
soldier.
e
die biale le the nit a a 1110eililiel 4111;:ielapyiee al Aridtait•. ilk tberate ought to be
,Au audacious robber/was comn.theed,.... at_ ~ ,-,- - disteied 6.,..ti. : w;i• '• • 7.'"1...* *.' • ' Pyrii" amendedrend tint lbearaor (lapel should be rated
of pivt Kino,E,s. at Kintvilletneir wnnows'', on parktatitoo• -iiiik - ,,, ,~ , • L..., 7., exts.. , . ~.
.. . .
; et - • " ' . .
theiegratelt°i%sildnesdar__,7" "Wit' - -.. li. • - modish in mow .
__,s.— , '• St. CtitiOns*, in this eppeeli. likewise succeeded
07 e gang cs:twsive°eff',2:!, • • 't Akins threw eleven inte seri it ell e
~,..!,, 7' ikg • • ig• sax nfor the copii4eigion. of dm Court
• five whom iMade their W:fr Int° • • where th Were -
11114
, .
~
beta4ehau,. lWrobbed him 951. in monis, ~. et 0 ii.,.*• .. ..iireilecaliwortic - ~ , . iniigmwspmnmpmr, .
. iriti,jl and some silver spoons. •••• • • a gel or A PA, ' • lasersclap. kcoackinats was c,pnvicsed at the Pub-
• .):.
.'. Monday, during a violent sots Of thAtltsll4 sued oieewie oak. saner tioetadoold 111.4X1it% or Birmingham, is accitmulatesU penalties
gitunfag, 4 rick of wbeat, belongleg .to BIA UM* and takint,ntl durcair; stsweimitartat .itit . • .10est. . tor tbe =amoont. of 901. for suffering luggage to be
DEN, of Alitchehleer, was set on Ilte by tbeliglito 'et"; bialy dirt& a 641 siixiipirs vs.co •astfed litsdif Ms catch beyond the height allowed
ring, and entirely destroyed. discovered. by law.