Star.
London, England, 1829-06-23 00:00:00

. . SPORTING INTELLIGENCE.

TATTP.ItSALL'S.
The settling for the Ascot ,sup way the heavies and most noisy
we over attended; nothiog but plykig or wranglingfrom tke eom.
mencement to the rime. Doi diapute was ISUghltbie enough,...s
certain uninduential party having touched pretty Itand.omely, and
then NNW) to pay; at leas: such api.eared to be the case to the
bystelideto. It was the heaviest betting race of the kind ever
known. The few. beta made were coobned -to the St. Leger, as
follow-
-7 to 1 apt Lord Cb•veland's Volt:Are
to 1 Lord Longtord's Eir Hercules
10 to 1 Hon. E. Perre's itowton
10 to 1 ••1111. Forth'. Frederick
14 to 1 bir. Riddell's Lawn Sleeves
15 to 1 Mr. Gibeson's Lady Sarah
15. to 1 —. Mr. Forth's The Exquisite
25 to 1 Major Yarbargh's Pilgrim (taken).
EDINBURGH RACES,•Juse 17.
To a careful observer the Edinburgh races bier really
im-
proved in character within these few years. oat only In respect to
the sport, but in the arrangement of every department of the turf.
In the races which have just terminated, the public have been
highly gratified by a combination of every thing that could be
wished in the management of a pace course. •
A Produce Stake of 50 sow. each. b 6, fur three yr old colts st:d
fillies. One mile.
Mr. Baillie's br e by Champignon walked over
A Sweepstakes 25 sow. each, p p, for two yr uld sults and fillies.
Half a mile. •

Lord Elcho's gr cby Champignon .. - ... 1
Mr. Steuart's b f by Clumpignon ... ... 2
Mr. Baird's b f by Whisker .. ... ••• 3
Won by a neck.
The Gold Cup of 100 gs. by subscription of 10 gs. each, the over-
plus in specie. .
Lord Kelburn's ch m Parity, aged ... .. 1
Sir D. Kinlocb names Sir Malachi Malagrowther. 6 yrs 2
Won easy.
Fifty soya. given by his Grace the Duke of Buccleuch.
Mr. Allan's br c. Hai'pooner. 4 yrs .. .. 1 1
Mr. Stonebewer's bg he hlciot, aged ... ... 2 2
Mr. Gulland's b m Green Maude. aged ... . 3 c,l
Nine started, but only two were placed...
THULMIAT. JOSE 18.
Match—Mr. Blink's br c by Champignon apt Mr. Gilmour's
ch f by Dr. Syntax, 100 sues each, It ft.—Alt. Gilmour's fitly
walked over.
His Majesty's Plate of 100 gs, granted to the City of Edinburgh,
(or all ages. Four mile beats.
Mr. Davidson's b g Victory. 5 yr. ... ... 3 1 1
Mr. Baird's b g Dominic Skelp, 5 yrs ... 1 2dr
Mr. Cruickshslik's b c Navarino, 4 yrs ... 2 3dr
Victory the (avouch.. The ...coma beat was a beautiful race.
The City Pine of SO sows. for horses. Ste. that never won before
the day of entry.
Mr. Ballite's ch c Taurus, 4 yrs ... ... .. 1 1 1
Sir James Boswell's b c Shadrack, 4 yrs .. ... 1 4 2
Mr. Davidson's ch g itphesto, 4 yrs .. ...
_0 2 dr

The brat and ieconi heat; aforded excellent sport. The third
was won easy. EPbetus the favourite before starting. Betting
after the second beat 2 to l in favour of 'Vaunts.
A Subscription Plate of WI for Hones, &c. of all ages. Heats,
twice round the Course.
Mr. Armstrooes b g Charley, 5 yrs ... .. 3. 1
Mr. Mouro's b c Billy Messenger, 4 yrs .. I 3• 2
Mr. Gilmour's b h &frisch, 5 yrs .. 4 2dr
Mr. Ranisay's cb c Parson Harvey, 4 yrs ... 2. 4dr
The br►t beat was ktenly contested by Mr. Ram•sy's colt, and
only gained by Billy Messenger by about half a length. The other
heats were was easy.

lIIIIDAT, Joie 19.
The Scotch St. Leger of 95 Guineas each, 6 ft for Scotch bred three

year olds. Once round the COUrbe and a distance. . .
Lord Rkbo's b c by Fits Orville .
Mr. Gilmour's eh f by Dr. Syntax
The Marquis of Tweeddale'. b f by Champignon .
Mr. Bugue's b C by Clumpignon dr
..Matcb.-11r. Steuart's b f by Cbampignon, beat Sir James Bus.
weirs br f by Champignon, swo yr olds.; hilt a mile, 50 Km each,
p.p. won easy.
Fifty Sovs given by his Grace the Duke of Buccleuch, for horses,
Sec. bowifsiethe property of members of his Grace'. Hunt; two
mile beats; rude by gentlemen members of a racing or fog hunt.
iteg club.
Mr. Gifitiour's-b h 5 yrs . . •• •11 I. 1
Lard -Etches bh by Sitiolesisko. 5 yrs . • 2 dr.
Mr. Rair,d's b g Skelp, 5 yrs . . 1 sir.
The first and s.cond beats were wen contested.
Fifty Sovereigns, given by the night lion. Wen. Olinda., Member
for ibe,City of Edinburgh. Three mile beats. dr
Davidson's b c Victory, by Waterloo, 4 yrs 1 '2
ISt. Atnisrrong's b 'Charley, 5 yrs 3 1
Sir James noswell's br a Sbadrach. 1 yrs 2 3 2
first heat gained by a bead. second by a tenet's, and the iasc easy.
£7O by Sulncriptiou, for horses, &c. of a:l ages. Two mile hers.
Lord Keihurue's eh ni Purity, aged ... 1 2 I
cb h Sir Malachi, 6 yrs ... . 2 3 dr
SIT James ilusweiro br m Lela, 5 yrs ... 3 1 2
Ur. Stesibative's b g The Major, by Bustler, aged ... 4 4 3
Sir D. H. hf by Champignon, 4 yrs .. 2 Jr
This was an excellent race, particularly the last beat, %irth was
gained by about half a length. Urging• before. otbrtiug—Purity
against the field; 3 to 2 nil Leda.
The winner of the Gold Cup on Wedo•nlay was, we unsierstiod,
Lord Rlcho's b h by Sntolensko nut of Oliveira, and nut his b
Gondolier by Pits Orville.
ROWING MATCH FOR A SILVRR CUP AND COVRR.
Yesterday afternoon the River, its banks, and every place from
*berm a view of the Thames could br obtained, were thronged
with the admirers of aquatics, who assembled to tentless the
terming contest between eight tour-oared cutters, rowksi by ama-
teurs, for a Silver Cup and Cover, given by Mr. ('hands r, ad• the
Ship. The prize was contested for in three lwats, by the Aollnwtrig
amateur., viz.

. ' •
TILINT HEAT.
FLY ; Yo.Low—Downes, Deacon, Varley, Rook. •
Sussci; Gagni—Crane, Crane, Crane, Crane. • .
Run Bevan; Punt.—Vowlei Holnian,Wardell,WardelL
novas; Scallet—Two AJ Mb, Chandler, Harris.
ascoau MGT
RI4AL Puaria—Rowlcy,Webb, Webb, Pr ' •
Gunn, ; Worm—Fraser. Ilaney, Asl.ton, Minty.
CLAILIbret Rau—Turis Greeowoods llardenOyebtouil.
INITT is lit.io—Fineb. Tibet.; Derby, leach.
The first beat was well contested; but owing to some ("win,
on goingclarougliVanithill.bridge, in the second.keari it was, aft.-r
a lengthened discus-ion, .agrecd to let sis boats start for the grata
be*, lit ordbr to make every thing amicable. Accordingly, at a
little after nine o'clock, the tollowing boats took their statism, .to
• row.algust two miles and a half—vts. Rival, Unity, Glory, ad-
resor,,llover, ibescl lied Rover. Atter an eucellter cumest, they
coasilti .41.111wiv
• iteier.47i,... 1 Rival ..... 3 Glory

...,1

:4•

.....s

et•
Heti ROVir .. s Wry ...owl 1f darettrA%... t „
The Cup. which weighs shout hieoty.two Was pip
seated to the winners, with all due form, at she Ship.
GRAND AMATEUR diATCH.
The grand Amateur Rowing Match between Captain.oentheal
and kit. (hbaldestoo, two Gentlemen of the Ned I in(t•e CO,
came off lesterday. The distance was from Vautitall-bridge.to
Kew, and it was said lobe fur 1(00 nova. The match, front tlot
known excellence of botitibiotlemen as sculkr4, excited intense
spurting interest, and thousands depended upon the issue, which
was looked -for anzkowly by the porting world. Many of the
cutters of the aquatic clubs wers no the river, notwithstanding the.
unfavourable state of the 'weather; and the presence of many illu--
trious Noblemen, among whom we noticed the following, addrd
greatly to the peene.74be Duke of Manchester, Colonel Standen,
the Hon. Col. G. Aesop. hir. Slader, Mr. Hayford,. Mr. Catmint/
and other patrons of aquatic sports.
The terms of• the match were—Mr. o.baldeston and hiltcheU
(a waterman) of Strand lane, rowing in one boat, and Captain
Bminck and George Colf, of Whitehall, in the other.
At starting, both boats were level until passing through Battersea
Bridge, when the Captain went away in fine ltyle, and won by
upwards of three quarters of a mile. •
LIMEHOUSE REGATTA.

.

The annual cootest for a Wherry and other Prises. given by the
Inhabitants in the htunetliate vicinity of Lloishoure, took pram
yesterday. Six pad of sculls. four heats. The match was well
attended; andlo the grand beat the boats came in
Andett00......n.: Kidney Stairs Yellow
IL Walters
T. Stocks
The match was woo by a leogtb.
A calamitous °eminence took piece at Fraseiburgh.•
Scotland. lately. Five individuals procured a boatated
a fisherman to govern it, but theyasere not above a mile
from shore when it • upset, and-the whole party were
drowned. Ode female was moon atter got out rot the
ater, but she was qeite dead. The unfortunate sufferers
were two tradesmen, brutliers, named Athierion, be.
longing to Fraserburgb ; two since. named Leith, one
of whom was assarrie4 to one of the Anderson., Ale*.
ander Mitchell, and the ishernsan.

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LAW INTELLIGENCE:

ROLLS' COURT, Jess sit.
The Master of the Rolls held his Court in one of the
Committee Rooms of the House of Commons (No.
X 111). His Honour disposed of his list of cause petitions,
and beard some trifling matters of no public interest.
His HOWOUR intimated to the bar, that his medical
advisers were of opinion it was by no means certain he
would be able to go through witb the arrangement be
bad made for morning sittings. He therefore wished
them to consider themselves at liberty as to their at-
tendance on his Court. •
COURT OF KING'S BENCH, het et
Holm
THE ICING O. WELSH.
At the sitting of the Court Lord TSNTERDZII delivered
the opinion of their Lordships in this case, in which in
the last Term a rule had been obtained for leave to file
no information, in the nature of a quo warrant°, against
the defendant, for exercising the office of a capital
burgess of the borough of Wells. His Lordship said,
it appeared that a by-law had been made by the
Common Council of Wells, by which it was rendered
necessary to the validity of an election of a capital
burgess, that a previous notice of thirty days should
be given at a regular meeting of the corporate
body. The meeting .at which the defendant had
been elected was held in obedience to a peremptory mate
damns, at a time when it was impossible that the thirty
days notice should be given, and it was contended in
support of the rule that the election was invalid, as
having been made at a meeting held without giving
the thirty dayi' previous notice. On the other side
it was urged that as the election took place in obe.
dience to the peremptory mandamus, the effect of the
by law was, for the time, suspended. It appeared
also, that at the election the whole of the Members
of the Common Council were present; and certainly
they might, if they pleased, have rescinded the by-
law at the time. It further appeared, that no objec-
tion was made to the want of notice at the election by
any one present; and, besides, the patties who now ap-
plied for the quo warranto were those who had applied
for the peremptory mandamus, and they might have
made it returnable at such a time as to render it com-
patible a ith the 30 days notice required by the by-law.
On the whole, therefore, the Court, without at present
deciding whether the effect of the by-law was for the
time suspended by the mandamus, were of opinion that
all the parties considered at the time of the election that
it was 'in fact suspended, and' on chit gretind they
thought,that the
.rule for the quo warrahlo information
ought to.be discharged.—Rule discharged accordingly.
SCOTT V. BETAN.
Mr. CASIPIELL moved for a rule nisi for a new trial
in this case, which was tried at the late sittings at
Guildhall. The action was brought on a judgment re-
covered in the island of Jamaica, for 1,5544 16s. Bd.
current money in that island, with interest and costs ; and
the question was, how the amount of current money was
to be calculated in sterling money ? Oa the part of the
plaintiff it was proved, that in Jamaica 1401. currency
was estimated as equal to 1001. sterling. For the defence
it st,as proved that 22f per cent. premium were paid upon
bills rtf exchange drawn upon England, and it was con-
tended on the part of the defendant that this premium
. being changed into currency and added to the 1401.
would make the teal rate of exchange 1711.105.. For
the plaintiff, however. it was insisted that the rate of
exchange ought to be calculated at 1401. currency for
104'1. sterling ; and under the directions of Lord Ten.
terdan the Jury found for the plaintiff. the defendant
having leave to move to set the verdict aside. The
Liarned Counsel now contended that the real rate of
the exchange was shown to be 1711. by the premium
paid at Jamaica 'for bills on England.
Rule Nisi granted.
LANCASTER V. °REAVES.
In a former Term a rule Nisi bad been obtained to
set aside the nonsuit in this case, and enter a verdict for
the plaintiff for tool The action, which was for false
imprisonment, was tried at the Westmoreland Assizes,
Wore Mr. Baron Hullock, when it appeared that the
plaintiff had contracted with a person of the name of
Hullock to make a road near Windermere, and build a
wall within a certain time; having failed to fulfil his
contract, as information was laid against him before the
defendant, a Magistrate of the county, who committed
him to prison under the Act of the 4th Geo. IV. C. 84.
The question now was. whether the plaintiff came
within the description of persons contemplated by the
Act, as subject to the interference of the Magistrates ?
The Comm. after bearing Mr. Courtenay and Mr.
Aglionby against the rule, said, that although the in-
formation described the plaintiff as a labourer, it ap-
peared before the Magistrate that be did not stand,with
respect to Hullock, in the relation of a servant to a
master, but in that of one man contracting with an.
other, and that therefore he did not come within the
description of persons contemplated by the Act.—Rule
absolute.

COURT OF COMMON PLEAS, Jams as.
WILLANS V. TAILOR.
This was an action for a malicious prosecution. The
defendant was the proprietor of a gaming house in
Pall Mall, at which the plaintiff lost considerable sums
Of money. The plaintiff's brother brought an action
to recover three times the amount, under the statute
of Queen Anne, and the plaintiff was a witness on the
trial, upon which occasion he swore that he had lost
certain sums at the defendant's house on the 4th, sth,
,sod Sib of April. For the defendant. however, witnesses
.-were clii)ed, who swore that the sth of April in that
"year fell on Good Friday, and that there had been no
play in the house either on Good Friday or on Sunday.
They would not swear, however, that the play of the
Thursday night did not continue beyond twelve o'clock,
and thus run into the Friday morning. The Jury found
a verdict for the plaintiff. The defendant brought a
writ of error, and ultimately brought the case before
the House of Lords, where the judgment of the Court
below was affirmed. The defendant also preferred a
bill of indictment against the present plaintiff. which.
bill, however, was thrown out by the Grand Jury.—
He then preferred a second bill, and went hiniselt
before the Grand Jury to be emmined. This bill was
found. When the case was ready for trial at the Sessions,
Taylor lodged a writ of certiorari, removed it into
the Court of King's Bench. The plaintiff was thereupon
obliged to procure fresh bail, ned a Clerk of the prose,
cutot's then attorney called upon the wawa to whom
he had applied to become bail, and endeavoured to die-
suade-thees, by divers misrepresentatioas, front so doing.
For three years the prosectuot climbed by various ex-
pedients to keep the proceeding suspended over the
ties head; and when at length the plaintiff compelled
him to come to trial,Taylor bianself,although inCourt all
the time, and although mg a previous occasion sworn to
be a material witness,.was not examined. TheJury,witb•
out hearing any evitipnce on the part of the plaintiff
returned a ?erdict of acquittal. This was the prams,
tion complained et, and for which the present action was
brought. Ofi the trial of the action, it appeared 'that she
Jury had paused before they returned their verdict

and upon this grimed, as Well ai the contradiction with
respect to the play on Good Friday, Lord Chief Justice
Best held that the plaintiff, although he had proved es-
press malice,had failed to prove the absence of probable
cause, and thetefore his Lordship nonsuited the plaintiff.
Mr. Sergeant Caoss now moved for a rule to show
cause why the nonsuit should not be set aside and a new
trial granted, on the ground. as he contended, that the
plaintiff had given some evidence of the want of pro-
bable cause, and that therefore thecase ought to have
gone to the Jury. The Learned Sergeant went over the
principal facts of the case, and dwelt upon those cistern.
stances which, in his opinion, amounted to evidence of
the want of probable cause.
The Courts granted a rule to show cause.
MILLS O. COALETT9 CLERK.
This was an action for false Imprisonment, tried be-
fore Mr. Baron Vaughan, at the last Assizes for the
county of Suffolk. The plaintiff was charged before
the defendant, who is a Magistrate and a Clergyman,
with having unlawfully and maliciously cut, broken,
barked, uprooted, and otherwise destroyed a tree.
of more than the value of one pound, the property
of Dr. Baddeley. In the depositions, the plaintiff
was stated to be the occupier of the land on which
the tree grew. The Reverend defendant,.however,
committed him to take his trial for a felony, under the
7th and Bth George IV. in conseqbence of which he suf-
fered several weeks' imprisonment in the county gaol,
and was discharged by proclamation. It was for this
imprisonment that the plaintiff sought to recover com-
Pensation in the present action. On the trial two ob-
jections were taken by the defendant's Counsel ; one
was, that the notice of action proved on thealefeodant,
in pursuance of the directions of the statute for the
purpose of enabling him, if he thought fit, to tender
amends, was dated from Half-moon-street, Piccadilly,
London." there • being no such place in London, but
in Middlesex; the other and principal objection was,
that the Magistrate, having been merely guilty of an
error of judgment, in discharging his duty in a case
over which be had jurisdiction, the action did not lie.
It bad been admitted by the plaintiff's Counsel, in his
opening address to the Jury. that the defendant had not
been actuated by any personal malice or corrupt feel-
ing towards the plaintiff. The Learned Judge declared
his opinion that the plaintiff must be nonsuited. but to
save the expense of a new trial, in case he was mis-
taken, hedirected the Jury to estimate the damages.
The Jury accordingly returned a verdict for the
plaintiff—Damages One Farthing.
Upon which his Lordship directed the plaintiff to be
called, giving him leave to move to set aside the non-
suit, and. enter a verdict for a farthing damages.
In the course of the last Term Mr. Sergeant Storks
obtained a rule nisi to that effect.
Mr. SergeantWana and Mr. Sergeant Russect. now
showed cause against the rule, contending that both
objections were fatal to the action. The plaintiff was
not sworn to be the tenant of the _land, but merely an
occupier, and might therefore be a wrongful occupier.
But supposing he were the tenant, still there might be
circumstances under which he would be guilty of fe-
lony in cutting down the trees on the estate. The act
made no exception in favour of tenants or occupiers
wbo cut down trees belonging to others. But even sup.
posing the defendant had committed an error of judg-
ment in his construction of the Act, unless he acted cot.
ropily and maliciously (which was disclaimed here) he
was not liable to an action. With respect to the notice,
it was dated from a different county altogether Irons
that in which the party resided, and was therefore in-
sufficient.
Mr. Sergeant &oats, in support of the rule. argued
that the charge in the present case did not amount to a
felony under the Act of Parliament, and that therefore
the Magistrate had no jurisdiction; and having no kiwis-
diction, he was liable to an action for the consequence
of his mistake. The Learned Sergeant cited a case
from " Cowper's Reports," in which a Magistrate. who
had convicted a party of a second offence on the same
Sunday, in baking his bread. contrary to the injunctions
of the Act of Charles, was held liable to an action, it
being decided by the Judges that under that statute re-
peated violations of the Sabbath only constituted one
offence, and therefore the Magistrate had exceeded his
jurisdiction in convicting of a second offence on the
same day. As for the notice, it contained that descrip-
tion of the street by which it was best known, and con-
. trendy could not mislead the defendant. If he wished
to render amends, he knew where to send, and that was
all the Act required.
The Loan Curer Juszice was of opinion that the
Outwit was right, and that therefore the role must be
discharged. The only question for the Coen was, had
the Magistrate jurisdiction to hear the charge ? Now the
charge was conceived in the very words of the Act of
Parliament, for it charged the plaintiff with having
maliciously and unlawfully cot, broken, barked, Up.
rooted, and destroyed a tree of the value of more than
one pound, the property of Dr. B .ddeley; and that
was declared by the Act to constitute a felony. It had
been always held from the time of Croke, Charles, down
to the present, that where the party was charged with
felony the Justice was not liable. On this occasion
the plaintiff was charged with felony in the very terms
of the Act. But he could tot help here observing, that
either the Magistrate or his clerk had acted most re.
piehensibly in taking down the depositions of the wit.
tresses in the express words of the Act of Parliament.
insteadof according to the true statement of facts. His
Lirdship by no means acceded that the occupiers of
land were exempted from the penal consequences of
this Act, if they cut down trees belonging to the land-
lord. As, for instance, where trees wet e excepted room
a demise, there the party to whom the land was de-
mised, if he cut down any of the trees, was liable to
as action of trespass and not waste; and in his
Lordship's opinion, therefore, might be guilty of a
felony under this statute. But it was • not neces-
sary to decide that point at present. In the case
referred to in Cowper, the moment the Magistrate
convicted for the first offence he became/auks officio it
and therefore had no jurisdiction to entertain the subse-
quent charge. In the present case he did not exceed his
Jurisdiction-in hearing the charge; and therefore nothing
but cerropt or malicious motives (which were disclaimed
here) would render him liable fur a mistake; and even
theta it would be in a diftrent form of action, With re- I
spect to the point as so the notice of attion, his Lord-
*hip would gise no opinion upon it now, as the decision
of the principal question rendered it unnecessary.
Mr. Justice Pans was of the same opinion. He bad
- rd yesterday that 80 bills bad beers thrown oat by
the Grand Jury at the Middlesex Session ; now, if the
doctrine contended for here on she part of the plaineit
were correct, they might 'have 80 actions to try in this
Court against Magistrates for false imprisonment, al-
though moat probably the usornsietals were perfectly'
correct and proper according to the evidence. His Lord-
ship also took-Occasion to animadvert on the conduct of
those btagiseratmor iheir clefts who dare to take done
depositions from, witnesses in dm very words of an Act
of Parliament. One of his Lassoed Brothers bad com-
plained that this practice had prevailed all mad the

Circuit whichohe had•gone hst•spting. He (Mr. Jos:
lice Park) took this opportunity of giving. not,ca, tint
he should fine every Magistrate's clerk whom be iluruld
find doing so on the Circuit which he should be upon.
Mr. Justice Boanotrun and Mr. Justice GMIELZE
concurred.--Rule di,cbarged.