Star.
London, England, 1816-10-30 00:00:00

LArritivrktiotWE:

O)URT OPTIOVION. BENCH, UCTOBEIt 4
TIRE MUSTS* niP THE LIVEEPuoI. DOCK COMPANY E.
Qt./META HE:
This war a writ °terror from the Common Pleas
lg. the toduty P4latine of Lancaster. The actin's
was brought by Mr. Midst:me, a merchant and
owner at Liverpool, against the trustees of the Li-
verpool Dock Company, to recover back the sum of
424 ls. 9d. alleged to be improperly demanded
and received by the trustees, as dock dues in respect
of the ship Richard. upon her arrival in the port
of Liverpool, under circumstances stated in a spe-
cial verdict by t'e Jury. The facts of the case
were these :—An Act of Parliament was passed in
the 51st of the King, cap. 113, repealing former
Acts passed in the 9th of An ► And 2.1 George H.
empowering the Liverpool Dock Company to charge
certlin duiies upon ships trading •to and from the
port of Liverpool. The ship Richard was built at
Whitby, in the county of York, and was registered
at the port of Liverpopl, and had sailed from that
port previous to the passing of the Act in ques•
don, and bc.4ore her departure had paid the dues
leviable under the before mentioned Statutes.—
From Liverpool she went to St. Domingo, where she
took in a homeward cargo fur the port of Londoa,.
which port she reached in safety, and having dis
charged. her West India produce, took in another
cargo fur the, port of Liverpool, where, upon her ar-
rival she was compelled to pay the sum of AU !Os.'
in respect of her voyage to St. Doniingn, instead of
the sum of OW Is. 3d. in respect of her voyage
from London, which the defendant, in error, con-
tended was due, in respect only of the latter voyage,
and for which alone the Dock Company could claim..
The discussion of this point depended upon an exa-
mination of the provisions contained in the sth, 6 11,
7th, and I2ih sections of the Act. Atter a very ela-
borate argument upon the case.
The Court held that the point must be governed
by the 6th section, and by that the Company were
empowered to claim the duty only in respect of the
voyage from the port of London. Under these cir-
cumstances, the judgment of the Court below was
affirmed.

MIDDLESFX SESSIONS.

Yesterday the widow of a Member of a Benefit
Society prosecuted the Stewards for the sum of IVO,
which, by the articles, she ought to have received
after her husband's death. It appeared from the evi.
deuce. she bad applied to the Stewards on her bus.
band's decease for the re2o, bat it was refused by the
Stewards, on the ground Of his having becn seen
playing at cards in a public-house, and drinking
porter shortly before his death. On this refusal sloe
instantly applied to one of the Public Offices in the
Metropolis, and there two Magistrates deliberately
considering the case, ordered her the sum agreed on
in the articles. They however refused to pay that,
and in consequence she brought the present action.
Mr. BOLLAND stated the grounds of their objecting
to pay het the AM, and. argued the propriety of
doing so from various Acts of Parliament.
' Mr. Amonews however rebutted the arguments of
his opponent, from there being no appeal to the
Court from the decision of two Magistrates in a case
of this nature.

The Court unanimously agreed with Mr. Andrews.
The Chairman oberved, that in the Acts of Parlia-
ment referred to, the Legislatuie undoubtedly had it
in view to act liberally and for the protection of the
individual members, of every society. The rules and
bye laws of such societies were obviously to be under-
.stood by the wise provisions of the Legislature, .as
forming part of, and as incorporated with those Acts
of Parliament, provided they had received the neces-
.sary sanction of the Quarter Sessions. The present.
objection therefore to the order of two Magistrates
below, could not be sustained by the Court. These
Magistrates had acted b strict unison with and can-
formity to the spirit and letter of the law, and had
also conformed in every iota to the regulations of
the society in question. This Court durst not alter
their decision. It was for the Court to inquire wl!e
ther the decision of the Magistrates had been com-
plied with, and if it had nut, then the two defen-
dants (the Stewards) had been guilty of gross con-
tumacy and contempt of the authority of the Magis-
[rates. It was not in the power of the Court to go
into the maim of the case, and therefore the Jury
would decide how far the defendants had or had not
done their duty..
The Jury .found they had not complied with the
Magistrates' order, and the Court ordered them to
enter into their own recognizances of 4150 each, to
pay the prior woman on or before. Monday next, or.
then to come up and receive the judgment of the
Coin. It is perhaps unneceuary to add, that the
opiniotrof the Court was exactly agreeable to Mt.
Andrews's argument in the wbole of the case.
The Court reprobated these Benefit Societies as.
the source of too much litigatioaA without, in fact,
one benefit resulting from them to one in a hundred.
George Clerk was indicted for receiving stolen goods
from a :meant of Mr. Phillips, auctioneer, in Bond-
street, he also being a servant cif Mr. Phillips's at the
same time.

The Court and Jury thought' .the crime %Cie rather
felony than receiving the stolen articles, and he was
therefore acquitted of the charge, but intimation was
given him from the Bench and 'from Mr. Auxv,
that as no doubt existed of his being an infamous cha-
racter, and a determined thief, be might expect to
be'prosecuted for the felony.
Biddy Chajtmaa was indicted for assaulting John
Stout. The prosecutor stated, that he kept a shop in
Euston-place, and that the defendant lived' in his
neighbotirhood. She owed him a small bill, and
seeing her go in he followed, and knocking at the
door, it was opened hr. a Lady. He asked her for
Mls. Chapman, and an her coming forwaid he de.'
manded payment of his bill, and 61,6 a table-cloth
which site had of his; and this was done in a quiet
civil way. The Defendant, however, -first attacked
him with abusive language, and fiext, finally kicked I,
tins into they street, by which he was much injured.
tie was confirmed in his evidence, as to the kicking,
3y two persons, patsengers in the Street.
On the other side, Mrs. Cubit, the person who
opened the door, stated that she was a lodger in the
•sonse of the defer:dant, and that when the prosectr.
of *sited' for Mrs. Chapman, he did it in a 'iciest
.nantieh, and-whin she same forward he assailed her
eith abusive language, calling her an Irish wh—e..
sad demanding to Mow when his bill was to be

•••Y• • • •
{paid—tit the lure time Ittris. mg an oyster knife
which he held hishAnd, aid afterwards he proceoed
to lay hold of the delendartt, attempting to drag her
out of the house._ The Jury foiind the defendant
Guilty, and tae Conic sentenced her to pay a fine of
Forty Shillin; s.
Joieish S. stood charrrcd With .assatilt:n; a :qr.
Sewell, mit accountant'. tylvi had called for
payment of a small vim of Motley due to Ms. B(:).:j.e.
the assault +ppetted at Kentish ToWit, wf,..re tie
defendant livid when the circumstance tool;
Mr. ALLEY. for the defendant, said the defendant,
at the tune, was under mental derangement I,r the.
loss of his wife.—The Jury found him Guilty, and he
w.ts ordered by the Coati to find securi:ies to. keep
the peace for two years, himself in 1.100, and two
otlwrs in afNJ tach.

George Getoge and 114.7 min Meth were indicted for
an asstset on .I,t;in Btp.by, and he was indicted for
an assault on them. The Jury found all Not Guilty,
but as Busby is a well known chMaPter, having been
toimerly in the House of Correction for similar con=
duct, he was cautioned by the Court to take care
how he came there again.

S PORTIA' U N TELLIGENCR.

NEWMARKET THIRD OCTOBER, OP. HOUGHTON

MEE' tING-1 e► 6..

_TUr6D4 T, OCTOSIII v 9.

Handicap S..verpstai:e4 ot It s. each, for Sir-olds and ttps►ardd.
Mr. Wyndham b Sk.tti, by I.ohams; 3-yrs.old, Tst. tob. i
Mr. B byce's Nadeida, 4-yrs-old, 7st. tvlb. - 3
Mr. Mike. Pustn, 4-yrs-uld, ist. I ilb. - . 3
Mr. liaptand'. colt,' by eorcever, 4 yre old, glit. 81h.

leven start. d—Tbe Judge placed but •bree.
2 to 1 agst St tat —4 to I ag•t Bustn—: co I apt Mr. Usysantl's colt.
Fifty Pounds, for 2 yr•olds carrying a fcttlate ;• g.yr.oht,4 yot.
4• yr-ulds, i'st. 91b.; lest. 31b. ; 6-yr-tods, ton. 71b ;
and aged, est. 101 b. Last three mile, of the it C.
Mr. Wyndliam's bay colt Scarecrow, 9-yrs-r.14 .
Duke of Grafton's bay lily I) scord, 4• yrs 014 - 2
Mr. Andrew's coit, by Orville, 4-yrb-old 3
Duke of Portland's brown filly Claribel, 4 yrs-old - 4
Mr. Whaley's bay mare Madame Lavalette (late Sweetheart)
by Sir I'aul, 5 yrs.ol.l - _