Star.
London, England, 1828-06-09 00:00:00

SINGULAR RACE

Tuesday last, Eli Mitchell and Joshua Brook, of Eland, colliers,
for a wager of two sovereigns, ran a mile on the Ralifax turnpike-
road upon their hands and feet. Mitchell performed this extraor-
dinary feat of quadrupedism in ten minutes and fifteen seconds,
having distanced his competitor. . L

THE FANCY. '
Young Dutch Sam and Jack Martin.—Friday night the third
deposit in Mismatch was made good. Neither of the men, were
present. . . jr 0•••1..“ rt..' ; 11'1

TO THE EDITOR OF THE STAR.
Sta—Were I called upon to name one of the most
noxious evils which can invade a people in any stage of
their existence, I should not hesitate to say, that it is a
passion [or theoretical Legislation. In a new country,
where no rooted habits, no inveterate usages, no ob-
stinate associations are to be overcome, and where no
inteinal impediments are opposed to the introduction of
a liberal policy—there those principles of domestic
economy and foreign relationship, which recommend
themselves to adoption by their obvious simplicity, as
well as their subserviency to the common good, may be
safely and advantageously acted upon. This country,
unfortunately, by the highly artificial condition in which
it is placed, is precluded from the prosecution of such
measures as enlightened minds, reasoning on general
principles, might be justified in recommending. A
corrective may be inexpedient, where a prevention,
seasonably applied, would have precluded the evil ; and
the experienced physician is aware that the administra
lion of a medicine may in some constitutions be salu-
tary, while in others it is pernicious. Rut Theorists are
prone to forget, that what is just in speculation may be
false in practice. Hence have arisen those difficulties
and embarrassments under which this country has suf-
fered since our premature return to cash payments,
and the threatened annihilation of one pound notes.
It would argue extreme fatuity to deny, that the prin-
ciples of the Huskissonian school are, in the abstract,
unquestionably just ; but, while I readily admit this,
I am at the same time fully persuaded that they have
been carried into effect without due consideration to
the practical results which, under existing circum-
stances, they might not improbably produce. Ido
hope that his Majesty's Government will-be induced to
reconsider the expediency of some measures recently
adopted, in respect to Colonial as well as domestic
policy ; and I feel confident that under their auspices,
while general principles will not be overlooked, ;he
real interests of the country will not be sacrificed to
political speculation and hazardous experiment.—l am,
Sir, your constant Reader, and

A FRIEND TO PAPER CURRENCY.
LAW INTELLIUENCE.
COURT OF CHANCERY, Jugs 7. .
EX-PARTE CROMPTON.

This was a lunatic petition. Mr. quiff; appeared
for the next of kin, in support of this petition; it ap-
peared that no Commission of Lunacy had issued, and
the Petition prayed that it should be referred to the
Master to inquire whether Honor Crompton is a lunatic?
and, if so, what should be allowedfor her maintenance?
Mr. Ching cited two cases in support of his application,
one of which was an order of Lord Rosslyn, in a similar
case to the present. _ _

The LORD CHANCELLOR—I have read the cases re-
ferred to, and I think Lord Rosslyn was right when he
said, in granting the order in one of them, that it was
an irregular order ; and 1 also think he was justified in
making that order, under the pressing circumstances of
the case. I am of opinion that such an order as the oi*
now prayed for would lead to the danger of great op-
pression and injustice; and although there have been
cases: cited in.support of the Petition, I am very unwil-
ling to be the person to make any addition to the nunk.
ber of precedents for such a dangerous proceeding., I
therefore feel it to be my duty to dismiss the Petition,
as I think nothing has been shown which can justify the
.parties in requiring me to grant the order. If a Com-
mission should issue, the costs of this application may
be taken out of the Lunatic's estate.
Several other lunatic petitions were heard, and his
Lordship was occupied until the rising of the,court in
the arguments of Counsel in two appeals in the causes
of Hornby v. Hunter, and Law v. Hunter, both which
were dismissed against the appellant, with full costs of
all parties.
COURT OF KING'S BENCH. JUNZ 7.
REX P. TAYLOR AND OTHERS..
Mr. Sergeant MEREWETHER applied to Mr. Justice
HolrOyd, who► sat in Court before the arrival of the
other Judges, for an attachment to be issued instanter
against the defendants, for a contempt of Court, by
'their resisting its process. A distress had been put into
Taylor's house in his absence, and the officer left a
man in possession: When Taylor, accompanied by the
other defMsdants, returned to the house, he held a
loaded pistol to the head of the man in possession, and
threatened to blow his brains out, by which the man
was so frightened, that he instantly ran away to save
his life.
Mr. Justice HOLROYD bad some doubt whether the
Attachment ought to issue instanter.—The other Judges
then came into Court, and the matter having been men
tioned to them,
Lord TRNTERDRN asked whether the Learned Sergeant
had any authorities? .
Mr. SergeantMERVVIETHER cited several ,authorities
from the Term. Reports, from the cases, import, 1-fara-
wicke, Salkeld, &c. and the Court directed that'the at-
tachment should issue.

SWEETING V. HALM

This was a case of an action-on a bill of exchange far.
1.57/. tried a few days ago. The plaintiff had sold Citft:
Stock to the amount, in order" to accommodate the de
Pendant with a loan of the money, and the defendant
had given him the bill as a securit-y. When the bill
became due, the acceptance of the defendant was can-
celled, and a son of the defendant wrfice on the back of
the bill that the Stock was to be replaced by a certain
day, and this was signed by the plaintiff. The Stock was
not replaced nor the money paid, and the plaintiff
brought his action on the bill ; and a verdict was re-
turned for•the defendant.

Sir JAMES SCARLET? now appllied to the Court for a
rule to show cause why this verdict should not be set
aside, and a verdict entered for the plaintiff, on the
ground that the plaintiff, who was an illiterate man,
had not consented to the alteration, except on the con-
dition that the bill was still to be a valid security for
the replacing of the stock, which was the originaliin-
tention of th parties ; and that, therefore, the bill ought
still to be available to the plaintiff, notwithstanding
the circumstance that the name of the acceptor was
marked out.

Lord TINTERDEN—Take a role to showtiatiie why
a verdict should not be entered' for• ihoptaiotiff, or a
new trial granted.

COLONEL BLIGN.
Mr. WynonT applied to the Court in behalf of Col.
Biigh, who is confined within the Rules of the King's
Bench, for writing threatening letters to the Earl of
Darnley, for permission to that Gentleman to proceed to
and reside on the Continent. This he did upon an affi-
davit of Colonel Might stating that he was sixty years
of age and in bad health, and that it was necessary for
' his recovery that he' should reside in a favourable cli-
mate, and that he would give proper securities for
keeping the peace.
Lord TENTLIMEN—What security does he offer?
Mc. ,WT-Witzl-day security that the Court may
dttn proper, ~.r.
d will not do. He must state
ipecifically what securitreile is ready to gives and let

w

him apply to Lord Darnley f)r his consett: This
consent will probably not be withheld, provided it can
be given with safety. We.will not relea.e.hiso on his
merely offering any secnrity.—The matter stands over.

WRIGHT V..BROWN AND ANOTHER.
This was an action against the S'.eriffs of London
and Middlesex, for an escape on mesne process. The
escape was only for one day, the debtor having been
arrested on the 15th, and surrendered on the 16th. The
arrest was on three several -bills of exchange, and the
plaintiff proceeded against the Sheriffs for the whole
amount of his debt, and had a verdict for the whole. A
rule had been obtained to show cause why this verdict
should not be set aside, and a new trial granted.
Mr. Cumtoon now showed cause against th?
The July were the proper Judges of the damages and
the interference of the Court with the damages was much
the same as if the Jury were to decide on a point of law
after a decision by the Court.
Lord TENTZRDEN—When the damages are very
.ur.-
reasonable and extravagant, we ate in the habit of send-
ing the case to another Jury.
Mr. CURWOOD was aware of that, but then he con-
tended that in this case the plaintiff had not one farthing
more than he was entitled to. He had only got the
amount of his debt.

Lord TENTERDEN—This was only an escape for one
day, after An arrest on mesnc process, and the plaintiff
had sustained little or no damage. You had better try
to make an Arrangement with the other party. If you
get .51. damages, and the costs, you wili probably be as
well off as you will be on a new

Rule fora new.trial absolute, unless'the one party
agrees to pay and the other to accept.—Damages St.
with costs.

THE KING V. PEACHEY.

This was an application for a rule calling on Mr.
Peachey, a Magistrate of the County of Sussex, to show
cause why a criminal information should not be filed
against him for corruptly refusing to renew the license
of an hotel at Bognor, ;fief it had been biirnt down in
June, 1820, and also for withholding the license on the
licensing day, without assigning any good and sufficient
cause for the refusal.
This application was made sometime ago, and ordered
to stand over until tit) present Term.
Sir JAMES SCARLETT, who moved for the rule, de-
scribed the case of Mr. Clark to be one of extreme
hardship. Having expended between 12,0001. and
14,0001. in fitting up his prendses for the accommo-
dation of company coming to Bogyor during the
fashionable season, he had the mi,fortune to have
the house burnt down. He then applied to the Ma-
gistrates to license two houses which he had procured
as a temporary hotel. The Magistrates were justified
in renewing his license by the 6.h of George IV. h'ut
it appeared that they had taken some offence, whiCh
they uid not explain, and they refused the renewal,
saying, the house had been burnt down at the wrong
time. Mr. Clark was compelled to wait, at great
loss to himself, until the licensing day, and then his
license was refused by Mr. P ache), and other Justices,
,on the ground that he was not a proper person to haie
a license. There was no explanation as to misconduct
on the part of Mr. Clark. The Magistrates wrapt
themselves .0p in mystery, and refused to reconsider the
application, or grant the license. By this mode of pro-
ceeding Mr. Clark had been ruined. without redress,
unless the Court should interfere to protect him against
what appeared as undue exercise of Magisterial au-
thority.
The SOLICITOR GENERAL, Mr. Sergeant RUSSELL,
and Mr. LONG, were this day heard against the rule
Nisi. It was contended that the Magistrates having a
power to adopt Police regulations w ith respett to the
licensing of public houses, were not bound to explain
their motives for refusing a license. It appeared to the
Justices that Mr. Clark was a person of bad character,
and they bad refused to license the house, not from any
personal enmity or corrilpt motive, but in the fair dis-
chaige of their duty. The rule, therefore, they sub-
mitted, ought to be discharged with costs.
The aaidavits of the Duke of Richmond, Lord W.
Lenox, and other Magistrates of Sussex were put in,
denying that they had been influenced by corrupt
motives in refusing to grant the license.

Sir JAM ES SCA HLETT, Mr.GUEN EY, and MY.FOLLETT
were beau! in support of the criminal information.

Sir J. SCARLET? said the law did- not restrain the
Magistrates from stating what breach of the decalogue
Clark had been guilty of. It was not forbidden to say
Whether th 2 man was dishonest; whetheohe encouraged
adultery, or kept low company to the injury of the
neighbourhood. The Magistrates oniy said they did
not consider him a proper person to have the license.
A man might be considered by some persons unfit to be
a publican because lie had a long nose ; others might
tbink.his nose too short; and others might object to his
person. Whatever the alleged 'disqualification might be,
the Magi.trates should state whet it was. Mr.C. hdd been
14,Flommiended by the highest inhabitants of Bognor as
ta, roper person to conduct the hotel. and those inha-
bi v had actually remonstrated against withholding
thatlicep,te. There being no complaint against Mr.
'qui': he was entitled to the license. Enough had been
lasiown to induce the Court to make the Magistrates at
least pay the costs of this application. In case the Court.
should be of opinion that Mr. Peicey had aetecUpar,
tialiy and corruptly, they would extend their protection
to the man who had been oppressed, and convince
Gentlemen in the situation of Mr. Peachey that the
rights of i'ndividuals must be respected.
The affidavits of Lord Egremont and Mr. Hiiskiison

were read, stating that•they considered Mr. Clat lc a man
of integrity, and a person fit to be entrusted with .the
license he claimed.

The Court, af:er hearing the whole of the arguments,
postponed their judgment.

CONSISTORY COURT, JUNE 7.

ASTLEY V. ASTLEY. .

This case, which was a snit of divorce by reason of
adultery, at the instance of Sir Jacob Astley against hks
wife, was fully argued last Term, and this day came on
for judgment. •
Dr. Lusnixcrox, at the close of a very able speech,
pronounced that the recriminatory plea of adultery had
been established against Sir Jacob, and he was thereby
barred-from obtaiuing the remedy now sought against
Lady Astley.
The COURT on this ground dismissed her from• the
citation in the cause, and from all further observance of
justice therein.

••

MANSELL V. MANSELL.
Judgment was also given in this cause. It was a suit
of divorce by reason of adultery, raised by Lady Mansell
against her husband, Sir William Mansell, for whom no
appearance being made, the Learned Judge, on the
motion of the King's Advocate, stated that he considered
the evidence completely satisfactory, and he had there-
fore no hesitation in signing the sentence now prayed tor.

• .*.

Prince GEOROZ Of CUMBERLAND, attended' by the
Rev. Mr. Jests, left town on Friday afternoon for the relidence of
his Royal Father at Kew.

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