Star.
London, England, 1818-11-12 00:00:00

WEDB V. WALLINC.TON AND OTUERI.

In this case, in which Messrs Serjeant BEST and
LENS appeared against the rule, and Messrs. Serjeants
COPLEY and Huttocit in favour, the object was to
set aside an award by Mr. Adam, as arbitrator ; but,
after some discussion, the result was, that the case
was referred back to Mr. Adam, in order to hear
farther evidence. In the course of the discussion,
Mr. Serjeant LENS expressed a wish to know whether
any evidence had been tendered by the complainant
Mr. Webb, which the arbitrator refused to hear, or
what farther evidence Webb now meant to tender?
To this no answer was made.

Mr. ADAM declared that Mr. Webb expressed to
him his decided resolution not to meet the other par-
ties (Wallington and Brice) before him ; for he wished
that meeting to take place, his only object being to
thoroughly investigate the case before he decided ;
and he assured the Court that a good deal of what
had been stated by Counsel on the part of Mr. Webb,
was inconsistent with the facts.

The Judges, upon reviewing the affidavits on both
sides, bore testimony to the correctness of Mr. Adam ;
and the CUM! JUSTICE observed, that an arbitrator
was in all cases entitled to call in accomptants, or
other persons, for the purpose of giving him infor-
mation to guide his judgment upon the merits of the
case, without consulting either party, those parties
having no right to interfere with his consideration of
those merits, but in the statement of facts.

COURT OF EXCHEQUER, NOV. to.
IMITATIVE TEA.

Mr. Commos SERSEANT moved for a Rule to show
cause why a verdict given against a man named
Mallins, for having imitative tea in his possession,
should not be set aside. He made this motion on the
ground, that the defendant was not, in point of fact,
a licensed dealer in tea, it having appeared in his
license " that he had two rooms on a ground floor,
where he was licensed to roast coffee," and that he
was merely alloired to " keep tea, chocolate, and
coffee in these rooms." This being the case, there
was a particular Act of Parliament which made a
person who had tea for sale in his possession without
a license, liable to a certain penalty, which, however,
did not amount to more than half the penalty inflic-
ted on a licensed dealer who was proved to have imi-
tative tea in his possession. He contended, therefore,
that if defendant was to be prosecuted at all, he
ought to be prosecuted for having tea in his posses-
sion without a license, and not as a dealer for having
imitative tea in his possession, as in point of fact he
was not a licensed dealer. The Learned Serjeant
went at great length into the subject, and cited seve-
ral ease‘ in support of his argument.
The Court, however, decided that the defendant
was clearly entitled to have tea for sale in his pos-
session, and therefore be had been justly fined for.
ha‘ring used a sort of poisonous drug in its place,
which he wished to impose on his customers as real
tea. If the defendant had been prosecuted for hav-
ing had tea in his possession without a licente, he
would have had a good defence in the very words of
that licence.—Rule refused.
COURT OF REQUESTS, NOVEMBER al.

A Coach-master was this day summoned before
the Court, by a Gentleman residing at lbbotson's
Hotel, for an over-charge of Ss. for the carriage of a
portmanteau by one of his coaches, from Dover to
London, which, though weighing. less than 601bs.
was charged !Albs. The actual weight of the port-
manteau having been ascertained on its delivery, the,
Gentleman to whom it belonged went to the coach-
office five times, and gave him eight days to rectify
the error; but as the clerk then refused to return.
any part of the over-charge, he was brought before
the Court, who, having beard the case, issued an or-
der to the Coach-master to return the over-charge
claimed; and in case of non-pa} ment in a few days,
an execution will issue against his goods and chattels.

COURT OF ARCHES, NOVEMBER 11.
ANDREWS V. LINTON.

This was an appeal from a Decree pronounced by
The Consistory Court of Sarum, on the 16th of May,
1818, in a suit instituted by the Rev. H. Linton,
D.D. Vicar, of Dinton, in Wilts against John An-
drews, a farmer of the same parish,l2y reason of sub-
traction of tithes. The Judge before whom that cause
(Linton v. Andrews) was heard, had decided that the
sum of £18.85.113. should be paid by the defendant
(Andrews), together with all costs. It was now
prayed that such sentence might be reversed. It ap-
peared from the libel, that the original suit was in-
stituted at Salisbury in 1815. The tithes in question
were of three species ; and were claimed of crops of
hay, and seed, and of the agistment or pasturage of
calves and large numbers of sheep. • For some of the
tithes a compensation was offered by the appellant,
but rejected. In the answers of the appellant to the
libel, the tithe of grass Was stated to have been duly
tut, set out, and reserved ; but it %vac, permitted to
rot on the ground, without being carried away.
The Counsel for the appellant observed, that it was
proved in evidence that the tithes bad been properly
set out for the vicar, and it lie had not taken them
away within a proper time, there could surely no
claim be made on his party, for them, or for their
value ; that with resrect to such of them were not
payable in kind, greater sums had Leen pad into
Court than the higher amounts at which they had
been rued in the schedule.

Dr. ARNOLD, for the respondent, was of opinion
that the merits of this case lay in a very small cum-
pass : it had been proved, indeed, that the tithe of
grass had been set out ; but had it, as staied in the
libel, been duly set out? had that act been pertbrm-
ed in a ftill and proper manner ? or wit; the oath of
the appellant to be considered as sufficient evidence
of that fact ? Now it did• not appear that due notice
had been given to the parson or lessee of the tithes.
On reviewing the whole of the case, the Court pro.
incunced for the appellant, decreeing that he should
pay Ell. 10s. 7d. and no more, as the amount of the,
tithes in question, (discharging him from t he:pay-
ment of the Et, 18s:ld. inducted is the sentence now
reversed), and 'adjudging £lO no:tinc expen.sanor, in
the Court below, to the respondent. Each party to
pay his own costs from the time that the compcnsa-
, ton was tendered.

POI

Bow-mniert.---Yesterday
Islington, who en Sunday lost
infant sister had been taken out
chaise, attended before Mr. H:
Magistrates, accompanied by a
stances which are already heft
that they had found a witness
Pant, which is only a year and a
It MU left near the Asylum, it
peered to Me man a singular ci
to follow the thief, who, In tit
shop, where he had a Pass of
the liquor-shop, end had a full
and from his description, them
Mr. Horsley's. The thief :eft
towards London-bridge. where
Mr. Horsley was so much affect
ease; and Mrs. Horslef being ii
lid of the consequences. The
clearly 'elated by his friend, se
the seduction of the sersmm-gir
dug the child ; there was no do
been induced to take the childri
restricted from telly( them
near it; whereas she had bee"
crossing the Shepherd and Se
chaise with both her hands, api
She had not taken any precaute
bed no other clothe, but then
suspected that the went to a ho
near the Asylum. Her pars!'
friends, bad not heard any thin
she had been murdered or ha,l
not state their reason for thinki
should go to she Police-office in
formation, and they intended t
Office for the Home Departme:
Under Secretary of State.
The Magistrate. appointed to
the house of ill-fame in Mead's•
bring the parties who keep the'
The Officer. soon alter retort
clue which could lead them to t
Thomas Doltsir*, a decent
charged with defrauding Mr. 31
street, Covent-Earley, of silk
amount of £4 Rs. Mr. Munn
mums, where the prisoner Irdg
his selection, desired Mr. tilttni
The hosier went home and got
received, and told him to wai
from the next room, but he de
the change of the note aho. 1
the same evening, in company
he had given part of the money
U.non-Hatt.—Mr. Horsley
011 ice with an application
Carter, the witneskwho toll
the child, represents him as ver
high, between 30 and 40 years
dark curly hair, round face, r
blue coat, with yellow buttons,
notched leather under the strini
or angle boots. Ills appearance
Mr. Horsley expressed his si•
being also concerned with the
the child, he having been in ti
girl when she was out with the
and having been seen in her cos
The Ilagirtrate signed warn
the servant, Stevens, and the in
they were delivered to Glennor
to use hie best exertions for the
Mae tacseocatt.sratrr.— Yves
old, named Jahn DedAli, was h
charged as a rogue and vagahan
night the prisoner was found s:i
Man and Still, o.th:4.d-street, ;
were assembled round.l•ini,
son, who really thna!Alt be WV:
far assistance to convey him ti
Beadles went to the spot, and fe
Thinking wi.h the rest, that
gently from the ground, and
on either aide. When half vra,
gave a spring, tnocknd both hi"
peat agility Awards Caveudisi
was overtaken, and although o
desperate a resistanee, that itll
violently; in the struggle his
conveyed with dialculty to the
as belonging to a rang of beggar
town, and have of late been the
He was committed.

I HA troy. GA anrv.--Toterctal
years of age, residing in FOI.OOII
a warrant against an old man,
tempting to riolatt her person !

Elizabeth Holbrooke, thi
with the two children beloi
Canonbury-lane, Islington,.
on the Birmingham coach,
that place. The girl say
brothel, the man who inv
ter's, told her his friend
that he would marry her ;
ham coach, promising to f
above place, however, she
had been deceived, and rt
she knows nothing furthc
chaise near the Asylum,
would take them home.

818

A few days since, at Sidney-1
Major-General lialkatt, of a d
Monday, in the Cathedral Pr
the Rey. John Hirt, of a son.

MAR

Thurday, Major Reid, of
younrest dAughter of John

At Hatfield, in Yorkshire, or
lenn, Baronet, of Morvaren,

Fridq, at his father's house,'
pert Falsest.% R.N. aged 32, se
..ett, of Heppington, Esq._

.
Saturday, In Chatham Dock.
of the Royal Navy, and Inn of
Lately, at Modhury, Mr. C
apothecary. had been shot
few yards of his house, when
and expired immediately.