Star.
London, England, 1803-11-10 00:00:00

DOE ON DEMISE OF PASCOE V. MADDY •HD OTH Elf.

In this cafe an application was made to the Court
for a new trial. Mr. jIKYLL Rated, that it was an
action of ejeament, tried at the late allizes for Corn-
wall. Doe was feized in the fee of a houfe in Pen.
zance, which he bequeathed, along with his furniture,
Rock in trade, and other effeas, to his wife, Joan
Pafeoe. The Rock in trade, furniture, and effeds,
he cleared, by his will, might be applied in eztinaion
of his debts, and if thefe were not adequate to their
difcharge, then fhe was to fell the houfe, in order that
ate might be able to clear all his encumbrances with-
in a proper time. • It, howevtr, turned out that there
were affets fufficient to dilcharge all the debts, and
the therefore did not fell the houfe. She married I
once more, and her hufband furvived her, and at his
death deviled the property to the defendants. The
queftion, therefore, which would ultimately fall to be
decided, was, whether the widow took the eftate in
fee or for life ? The' learned Counfel con ended for
the latter propofition, and in fupport of his argument
quoted feveral cafes, and particularly the cafe of Due
on demife of Allen.
Lord ELLEN BOROUGH Paid he fhould look into that
cafe. In the mean time it would be neeeffary for the
Court to be in polleffinn of copies of the will men-
tioned by the learned Counfel.—Rule granted.

n0v.9.--caamis•t. 111$01MATION.
Mr. EISRINE moved fora Rule to thew caufe why
a criminal information thould not be filed againft the
Rev. John Royle, who is the Reltor of Highley, in
the county of Norfolk ; and he included in this ap-
plication a perfon of the name of Thomas Stenfon.
The charge made on Mr. Royle, by the affidavits,
was of a fimilar nature to a cafe very recently bef Ire
the Court. And although the inhabitants of a parith
had the privilege of returning to the Magiftrate, a
lift of thole who were to be Overfeers of the Poor,
the Magiftrates were not bound by their choice, but
might appoint any other perfons not appearing on
that lilt. Yet when that rcfdtance was made by the
Magiftrates, the Court would expect it mull be done,
as all other ads of Magiftrates were fuppufed to be
di.oe, from a pure intention ; and if it lhould turn
out that the choice of the parith had been rejellcd by
this Clergyman, who is a Magiftrate, and another
put in his room as Overfeer, that he the Magiltrate
and this Ovei leer of his own choice, might alter the
rates fo a. to relieve him of a tax on Lis property ;
and that if afterwards it thould appear pretty
he had induced a few of the inhabitants of the parith
to offerable together to make another rate, arid jull
the day before the Garter Seffions were held, fo to
prevent any appeal, and keeping the Overfccr out of
the way to prevent him from being let ved ; if there
falls fhouid appear on the affidavits, the lubltance of
which he was about to Itate, he took it for granted
the CiAirt would grant the Rule.
This application was made an the affidavits of
Wm. Jones, Efq. the fslarlhal of the King's Bench,
and other Gentlemen.

It appeared, that nn the gosh of March lad, a
was held in that parilb, At which moll of the
principal inhabitants attended ; And it aa► un*ni•
mousy refolved, that as the value of the IteElory had
been inerealed from between 3 and }col. a sear to
Airiest food. confbnii epee nfUlis Gentleman having
tauud his rents and tidies, it was thuugl►t rcafunable

that the Rev. John Rnyle fhottll/41 be rated at sool.
head of 201. Its. The amount, at '2S. in the pound
on soot one half of the living, was soh inflead of 21.
s. ad. which he ufed to pay. It alio appeared that
Thomas Stenfon and William Noble were appointed
Overleers of the Poor by Mr. Royle inltead of Tho-
mas Ogden, who had been prefented to him by the
parillt as a tit perfon for that office, and the other two
very unlit. Although this Clergyman was remon-
*rated with on this bible.% he laid he was determin-
ed to have Stenfon and Noble, the full of whom only
rented about 4.1. a year, and the other lived in a
dillant quarter of the parilh, and was an illiterate
man. The other two Magiltrates who attended at
the fame time, gave Mr. Roy le credit for the purity
of his motives in making that eleelion, and there tore
gave up to him their (hare of the jurifdiOion. Thefe
two men were appointed Overfeers of the Poor
through the means and influence of this Clergyman,
without the concurrence, and Apia the will of the
That the sol. had been traced from the book
of rates which this Magiltrate was to pay ; and there
was the old fum fubllitnted in its place of zl. ts. zd.
on the 201. t zs. Stenfon admitted the book had been
altered, but would not Rate by whom ; In that this
man was to he contidered as an instrument in the
hand of this Magilti ate, to do this corrupt ad. The
thing then flood thus : a regular rate had been made,
by which this Clergyman's coma had been lifted up
from 21. Sc. 2d. to Sol. in confequence of the life e.f
his property to ICOOI. a sear. He gets a creature of
his own to be Overleer. lie flid he WAS not queflion-
ing his jutildi lion, but was looking at his motive.—
He knew no authority could alter this 501. rate with-
out the commiflion of a crime, and therefore he gets
a few of the pal ithioners to meet and to make a new
rate, bringing him back to his original atfeffments
and prevailing on the other perfon to keep out of the
way, to prevent an appeal againit that rate. This
appeared fo plainly to be a corrupt a& in this Magif- •
trace, and alto that this perfint wat his instrument,
that they were-conneeted together as fora mifdemea•
nom- ; and therefore he humbly applied for a Rule
to thew Cjllle why a criminal information fhould not
be hied again(} Ihele two perfuns, fur cohipiring to-
gether to alter that rate.
Lord Et t ENSOROUG 14 —Take a Role to fhew caufe.

WHARTON V. LUPIWkI.L.

Mr. PARE moved for a rule to thew calif.: why a
new trial fhould not be had in this caufe, on the
ground of its being a verdia againft evidence. It
was an aCtion for the penalty of 5001. in an Al made
agaiaft Bribery at Elations of Members to ferve in
Parliament, tried at the IA affizes at York, before
Mr. Baron Timm rsow, when a verdia was found for
the plaintiff.
There were feveral counts in the declaration, but
he Paid it was fufficient for him to name one of them
—The perfon who was Rated to have been corrupted
was Alex. Gleaner, who was fail to have been cor-
rupted by the Defendant to give his vote for the laft
eleaion for the county of Durham. The declaration
Rated that the laid Alexander Gleaner, who then
and there had a right to give his vote at the laid
eleCtion, to induce him to gise his vote to Richard
Lambton and Michael Angelo Taylor, Efiirs by a
corrupt promife, which the defendant then and there
made to the Paid Alex. Gleaner, to give to him the
fum of 71. and bear hi: expences to the laid eleetion,
and to pay him, the Lid Alexander Gleaner, fur his
101 l of time on that ocearion, according to, and in the
fame manner as the laid Richard Wharton fhould pay
as and by way of reward :or him the Paid Alexander
Gleaner, to give his vote at that eleaion for the laid
R. J. Lambton and M. A. Taylor, contrary to the
ftatute,&c. There were two other counts, Rating, that
they did corrupt this man by making to him a cor-
rupt promife, &e.
The Ad of Parliament was that of the 2d Geo.H.
c. 24.. fec. 7. and he would call to the attention of
the Court the words of the Alf as they were applied
to this cafe, which Rates, " That if any perfon (hall
ark or receive, or take airy money, or office and emo-
lument, to give, or to refufe to give, his vote, or if
any perfon by himfeif, or any palm employed by
him, do or fall by any gift or reward, or by any
promife, engagement, or fecurity for any gift or re•
ward, corrupt or procure any perfon or perfons to
give his or their vote nr votes," then the penalty is
to attach of Soot. and the other penalties which at-
tach under the flame.
The evidence of Gleaner he believed he could ,1
Rate pretty accurately to the Court. When he went
to the houfe where the Defendant was, ire law the
Defendant, and anced him if he was a Freeman of the
City of Durham ? He anfwered, I am. He then
anted him who he meant to vote for ? I told him Mr.
Wharton. He then alked me if I owed any ohliga
tion to Mr. Wharton? And I laid, No, I he under
nn obligation. He aiked me if I would vote for
Taylor and Lambton? I laid I would nor vote for
them, firr I had promifed my vote to Mr. Wharton,
and that I would not change my voice. This, Mr.
Palk laid, was all that paired on the fird occalion.—
They met again; and lie anced me, laid the witnefs,
if I would not change my vdice ? I laid I would
not, I had promifed my vote, and I fhould Rand to
what I had laid. Then there was a third meeting.
The Defendant laid he would pay me 71. it I would
change my voice, betides my travelling expellees to
Durham, it I would vote tor Lanibton and Tayinr.
':hat was the whole of the evidence oat the part rt. the
Plaintiff, to rrove tl:e fags as laid againit the Defen-
dant, with this addition, the witnets laid, and that I
fhould be paid at Durham the fame as Whatton's
men for lots of time. The Witnels raid too, that he
never prnmiled to vote for Lambton and Ta)lor, and
that he aanally voted for ll'harton.

CHIEF Jusrick—Did he fay that the prornife had
any corrupt etfeo for a ti.ne on his mind ?
Mi. Pasta—" No, my Lord, never." lie In Rated
and pertilted in it over and over again, that it had no
effeCt upon his rand. Mr. Parra then coutended ;liar
this was not to be considered as a promifc within the
meaning of the A't of Parliament.
Cuter Jusrsc —ln order to mak." the promife,
you contend, in order to maLe a corrupter, the other
mutt be a corrupted.
Mr. Putt laid, that he never went the length (nr4-
(hfluid he, as the cafes were tht other way) of con-
tending that it was ne;:tfary the party (honkd vote on
the I;eie the idle' v. is made, hut thit he thould either
take the money, or that the promife mutt have had
fume cilia upon him at the time ; and this /tensed to
be the opinion of Mr. Baron Th, mpfon upon the
trial, well as that U! Mr. jUaiCC C;:ambit at au

...tiler of the fame V.ind at Darham, which Mr. Pali
quotcd, and then ohfetve,l, that in every view this
WAS a very serious cafe, the penalty was great, and
there were many inconveniences attending it to the
Defendant, for which re tion it flunild he thoroughly,
fif:cd, and he hop ,l the Court would grant a rule to
(hew eaufe.—Rule granted.