The Statesman.
London, England, 1812-12-03 00:00:00

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04111624
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Sittingic )before thief' Justice Sir
• jitizt .MA'ri*FIELD. ' •

LtWRENCE V. OVVI. •

This was an action for a nuisance committed on
the PlaintitraPrsimises, and for a trespass, in closing
up a window which appertained to hii house.
Mr. Laverestee and' Mr. Obee, it appeared, inha-
bited two tenements, which forming the corner of
two streets, consequently stood in the form of tan,
gent towards the gardens behind. In the inside of I
the square, the latter constructed a water-closet
some years ago, the .wall of which necessarily co
verecl a portion of the, house-wall that belonged, to
the former. The Plaintikaccordingly opposed tho
erection, and maintained that, it covered a window,
which, though now closed up by a wall of the !hick-
ness of a brick, had formerly been constructed and
employed for all the customary p irposes. of a win-
dow.
An action was consequently entered, and
verdict, it appeared, had been returned in favour of
the Defendant ; application was made, and leave
was given to bring the whole to the issue of a new '
trial, and Mr. Serjeant LESS conducted the case on
the part of the Plaintiff.
The Learned Serjeant called several .witnesses,
who proved, that although the window in question
woo otirsed up
.pn
.the outside with brick, yet a
wooden sash, with panes of glass, was standing un-:
removed, through whir* !aye of light frequently:
broke. They were also positive that a window had
heen constucted in that_place at the erection of the
home, because an arch of bricks was cast over it,
a d other indications remained of its original pur-
pose and use. By tbe,manner ip w.tich the, water-
closet was constructed,.certain offensive smells were
felt frequently ha the Plaintiff's tenement, %shish ten.
dered the situation.qf the young man who lodged ia
the house exceedingly, uncomfortable. After a
ample exantioation of escidence on these facts, tht
Learned Serjeanteoncluded by maintaining, that a fai
inference was to be drawn from what he had proved
namely, that a window had existed in that pta
for the admission of the light of day within the
twenty years.
On the part of the Defendant, Mr. Serjeant Best
produced,a number of witnesses, who proved, thst
the water-closet was constructed on principles which
prevented any smell from arising; and also, that
the window, against which the building was con-
structed, had been walled up with bricks twenty-
seven years ago. No person had seen it in a state!
fit for admitting light, the bricks which covered it
had never been removed in the memory of any of the
witnesses. _

The CHIC, JUSTICE observed, that the evidence
on the part of the Plaintiff had failed in prov-
ing, that the place closed up by the wall had
ever admitted light as a window, nor Any of the
evidence show that it had ever been an " ancient
window•."

The Jury returned a verdict for the Defea2aut.
FRANKLIN V. INGILRY, BART._

This was an action to try whether the Defendant,
Sir John Ingilby, had a ctsmplete title' to convey an
estate to Mr. Franklin. The question would depend
on the custom of the Manor of the Forest of Knares•
borough, in Yorkshire. It was a copyhold estate,
conveyed by custom, is containel in the Rolls of the
Manor. The evidence laid before the Jury appeared
to be the Rolls belonging to this Forest, and a paper
called a CastomarN, found among the record; of the
Court. The firs, and great question wig, whether
there could be within the Manor a conveyance .of
what is called an estate tail created? or, in other
terms, whether the Defendant's estate mighT be dis-
posed of by the alleged custom of the Manor? The
evidence proved that it might, according to custom
which had prevailed since the reign of Richard, and
the Holy Wars. The evidence called a Customary
was at variance with the Court Rolls : the words of
it were," Every customary tenant within the Manor
lof linareshorough, may surrender his lands into the
hands of his Lord; to the use of any person or per.
sons for a term of years, or a term of life, in fee
simple, and not in fee tail."—The question the Jury
had to consider was, whether the instrument called
the Customary was to be relied on? or whether it was
not better to rely on the general custom of the Mattor
The Jury found a verdict for the Defendant, thereby
confirming his title ; but the subject will ultimhely
resolve itself into a point of law.—rho other trials
were not important.
•

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241LiTAttIOTHINS.

Wor-Ogirelleerl, 1812.
.1d Regiment of Dragoons, Chalet*** 41116Itone to be Lion-
tenant, vire 31m-siy, deceased.
William /hill Stapleton, Gent, to be entnet, vice Johnstone.
150 •Iteglimint of Light Dragoops, Lieutenant A.. 1.
be Captaiii of a Troop, by purchase, v Lie 11111:110tell.
1914 Ditto, Lionel tiotdsluid, lieut. to .bc Corset, by purchase,
vim Lucas, promoted.
Ist Regiment of Foot Lairds, Ensign Henry Mildes to be.
Lemur's:on. by piirelias:•, vire Itoliaison, w'i't retire..
•Colditmun Regiment of Pion Guards, En'igrt .1 oho .1111" to
be Lieutenant, vire E. Harvey. killed in action.
To he Ensiims —Ensign Willitun Kortright, from the 6811 i Pont.
vice Talb .t; and Henry Annytage; Lieut. vice Burgess,
kilkd in action.
To he Battulino Surgeon Assistnnt•Surgeon John Rose; vice
Cootnbev, linseed upon halCiipay.
To be Quarter-Master—Ensign aunt Adjosatit B. Seiway, from
the surrey Local Nlilitla. vice Holmes, placed upon the Re.
tired !AIL
Sd Regiment or boot, Ensign John Home to be Lieutenant,
vice Al' Arthur, dismissed the service.:
4th Ditto, Eiy.ign James Waite to be Lieutenant, without par.
cvase, h.n.iiing, wilo resigns.
To he Ensigns, w ithout purchase—George Gabh, Gent. vice
31' Veaglt, sell., resigns; and Ensign Edward Town, from the
' Portugueui, vice White.
7th Ditto, Lieutenant J. 11. Vi'estentt, fray the 734 Foot,• to be
Lieutenant, vier Meade, who exchanges.
2titt [Mk', Second Lindell:int .mule/ Rynd to be First Lieute.
mutt, by purchase, vice Gordon, -rometed.
Roiiett rranford, Gent. to be Second Lieutenant, by purchase,
vice. ItyniL
31st Ditto' Serjeant Astier, from the 394 Feet, to be En-
sitn. *idiitut purchase, vire Kirkb._nk, who resigns.
45th Ditto, Lirevet Denten:in:Colonel .101 in It. Ward,from the
27th Foot, to hr Major, it itlintii purchase.
Seth Ditto, To be Cnptains of companies— Lieutenant William
IVillstaire, vice Owens, killed in action; Lieutenant T. P.
Minchin, vice Todd. killed in action.
To

be Lieutenants Unsigii George Young, vice APPherson,
killed in action; Eu.1;0.1'011'1 Anderson, vice Wiltshire; and
Ensign Alexander Camphe•ll, vice Mitteltin.
To be Ensigos—Volunteer Robert Macalpine. from the Ist Foot,
vice "I(oung; -- Gregory, Gent. vice Anderson ; and Thu-
. nms Evans, Gent. vice Campbell.
19th Ditto, Lieut. %A Mimi] nicks to be Captain ofa Company,
vice Mnrlow, deceased.
Assistant-Surgeon John Parke, from the sfith root, to he As-
sistant-Swum', vice Murray, promoted in the Stith Foot.
44th Ditto, Ensigu Riehtird Phelan to be Lieutenant, vice I.en-
non, killed in action.
James AVlsite, dent, to he Ensign, vice Smith,dead of his wounds.
. Serjeant-alajor dames Christie to be ditto, vice Phelan.
45th Ditto, Edmund Ilesledon, Gent, to be Ensign, by purchase,
vice Herrilk, promoted.
setts Ditto, James Duff Mackay, Esq. to be Paymaster, vice
Croehley, deceased.
bid Ditto, Ensign the lion. William Browne to he I ieutenaut,
by purchase. vice Wood, promoted in the 6Sth root.
s!th Ditto, Major John Earl IV altlegrave, from the 12th Light
Dragoons, to be Lieutenant-Culunel, by purchase, vice Cur-
rey. who retires.
58th Ditto, To be Lieutenants; without porchase,Ensign Tbo. '
mat William ,lames, vice Clifford, deente.cd; and Ensign
Charles W. Itockley, vict. Sankey, dere to al:
To be Ensigns— -- Campbell, Geut, vice .lames; and Volun-
teer KWIC'S Traver; Bark-, from the 74th Foot, v ce Buckley.
To he Adjittaat—Lieut. Nathan Tipson, vice Holman, killed in
action.
61st Ditto, To he Captains of Companies—Lietitenant Gilbert
. Stewart, without purchase, vice Oke, promoted ; and Lieute-
nant Jam's Given, v're Owen, promoted.
To be Eleatenants James O'Brien, vice Steuart; and
Ensign Charles V;uutrettil, vice Given.
To be cmsigns-s. -- Atkins, Gent. vice Beere. killed in nc-
lion ; Volunteer Bartlett, from the 4tl Foot,.viee O'Brien;
and Edward Waldron, Gent. vice Vtuidreuil. •
73d Ditto, Lieutenant Thomas R. Meade, from the 7th Foot, to
he Lieutenant, vice AVestcott, who exchanges.
924 Ditto, Captain Donald Macdonald to be Major, without
;manse, vice Grant, who retires upon full pay.
Ciente° eat Johu Hill to be Captain of a Company, vice Mao-
donald. • •
Ensign Ewan Ross to he Lieotenaut, vice Hill. •
Serjeant- Major Ewen Kennedy to be Ensign, vice Ross.
3d West India Regiment, Coirad Heel, Gent, to be Ensign,
withoutparchase, vice Barclay, a ho resigns.
Ist Ceylon Regiment, Lieutenant Satiate!' Jenkins to bepe‘aieCel:
of a Company, without pile hale, vice Frederick, a
to the sth Veteran tlatt:,:ion.
ITth Royal Veteran Battalion. Ta!te tientenants—Ensie'n Ro-
bert llaY,viee Dourivai, play. d upon half pay ; EnsignHeary
Peach, vice Ilatersha u. pl,irP4.l on the Retired List. •
To be Ensigns—Serjeant- Alajar Alien M`Taggart, vice Hay;
Serjeaut-Major Wawa Austin, from the gbth Foot, vice
Peach.
floral Waggon Train, Lieutenant Bartholomew Horsell to be
Captain of a 'troop, without purchase.
To he Lieutenants, without purchase—Cornet George Hake-
well; Cornet Charles Carter ; Cornet Henry Green, vice Hor-
sell.
To be Cornets—George Richard Langley, Gent. vice llakewill
Atkiusoi,, Gent, vice Carter; Sojeant Edw. Smith,
vice Green.
The King's German Legion.
`..A Regiment of Light Dragoons, Lieutenantitolzenberg
to she sCaptain 'of a Trent); vice Schulze, deceased ; Cornet
Michael l.oning to be Lieutenant, -vice Stolzenberg.
3d Ditto, To be Captains of Troaistleutenant 11 illiam Ba-
ron Both,' Lieut. Christian Heise.
To be Lieutenants—Cornet Eberaard Friederichs, vice Both ;
Cornet Frederick Nanne, vier Ilefeek ( time henry Hum-
bolt Cornet Augustus Ileineeke.
To be Cornets—Regimental-S, rjrant-Major Christian Oelkers,
' vice Frlederiehs Cserjennt Lewis Krause, vice panne.
Ist 11am-slims of Light Infantry, Ensign John Baumgarten to be
Lieutenant, rice Frederick Baron tledetnann, who resigns.
The Duke of Brunswick Oels Corps.
I Wrap' ry—Lietitenant William Unruh to be Captain of a Com-
p:Wit, vice Radonita, deceased.
Eosjgn -- Berg to be Lietiteoatit, vice Unruh.
Serjeaat --•Bredow to be Ensign, vice Berg.
• BILE' ET.
To be Majors in the Army,
'Captain James Dennis, of the 49th Font.
Captain William Ilolcroft, of the Itoval Artillery. - ,
Captain James F. Fulton. of the •Witt Foot.
sCaptais John Williams, of the 49th Foot,.

Muanaa.—On Wednesday last, between six and
seven o'clock in the evening, Mr. Wiggin, a re-
spectable miller, who resided about two miles from
Bridgenorth, was murdered between that place and
his own house. lie was on his return front Wol-
verhampton market, and was met by a footpad abotit
a mile from home. It i; supposed that, on makiug
a stout resistance, the villain drew a pistol, and shot
him through the body; the hall passed iti a direct
line just below his heart. It seems, hoWever, that
the assassin was alarmed by his cries, as he made
off without taking any of his property, which con-
sisted of between 50 and 601. in cash and notes.—
It is remarkable, that the unfortunate man pursued
his murderer after being shot, for about a hundred
yards, and was found by some persons from a turn-
pike house, who had heard his cries, exhausted with
loss of blood, at a stile which he had in vain endea-
DI V I DEN DS.
Toured to get over in his pursuit! He was carried to Dee.. 22,3. taathis, Holborn, 'harness-maker—Dec. 21, 11.
the house, where he expired in a few minutes.—We Hooper. Sturrey, dealer--Dec. 23, R. Bath, Anderton,
have heard from good authority, that the deceased rae.-tn94aker—w—.
Hu h 26;
Ashw l'eutte, Zoottr:
was about being married to an amiable lady of WO- Dec. 23, R. liwans %Voila') - tinder-Edge, Gloucester hire,
verhampton, and that 'Monday next was fixed ftir soaltser—Dee. 21, lt. Siventlall, Bristol, dealer in horses—Dec.
the weddingd , 99, R. Tribe, Hambledon. Soutnisinptob, coon/nolo .brekver
' Dec. 21,3. razakerley. Liverpool. tailor—Dec. 23, J. and M.
, Suntne.—A young Lady, of the name of Dig,. Brown, ("74rliale, inanolacturers—Dec. YatPs, Mancnos-
geps, was, a few days since, found drowned in a ti:ll.ri'airialgelleacy',sasito.7r, I ilt,lf,::l%r•eseett
, linen-draper—lles.
pond, on Mr. John Tuett's farm, at Birdliam, near 21',"7"."WI'nekt, Chester, Ithei;s4raper—Dec. 22, W. Jarman,
Chichester, where she was on a visit. Her mind rsaaPsgate•oroot Without, aodestakee—Dec. ta. C. F. Heotz,
had for some time betrayed a roving melancholy ten- DAlt"4"11.11F11' tail","DeF•Y-3'LElwlrithYl Tlll4
motw"-lerivetlCr-Dec. Harris. yinout dealer
dency ; and the departure of her sister to a fereiga kirtron and N. E.' Kol4uson, Combat, wholesale
_
j clime, to • -tttached, it 1
suppoeed
mentioned.
Lieut.
who was
duel on
idiot of

lIOSP ITA L STAFF.
Edward Doughty, Gent. to be Assistant-Surgeon to the Forces,
trice Papps,Aippoistest t0.1.91k Foot..
To be Hospital Mates for General Service—E. M'Swyny, Gent.
vice Florae, promoted j Thomas Backhouse, Gent. vice Fry.
,hILIIORAISiDUII.
" •It °cm:it-Male Matthew Pierrepoint ie su,,ersedetl, being absent
without leave.

Ordnanri. (Mee, Non. 91, 1112.
Royal Regiment of Artillery.
First Lietenant Alarriott C, W. A ytoun to be Second Captain,
vice Rinwr.c, resigned. Dated July t!, 181 i.
Second l ieuten4a4 t:bailes Spearman to be First Licntcnant,vice
Aytoun. Dated Aug. 30, ldl2.
Commission in the ISd, or Ar2yll and Kate Regiment of Militia,
signed by the Lord Lieutenant of 11w County of Argsll.
, Captain Colin Campbell to be Major, vice M'Alister, resigned.

Jury, ugin,
ford Coffee-,
the evening

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situ use urpartuiG vi tier hISIVI lg.P a tyreigu --." i MC. hi, r”
.11)131•01:1411U i'l. X.. ILOMIISOII, %,orualill) wuutChiSlC
to whom she was most fondly attached', it is linew-draPlrsf
~ •
LEBTIFIGATES—Drc. 22. •
A operated to drive her to the melancholy end 1 .4.4soith, say &Mous Herefordshire,. farsner—J. Beaumont,
'ed. Verdict—Lunagy. iseecirolnel. iikkr6ictui, cahliort7inakex —C. Greig, New ftrickr.
. atter.' • Hia?kfr
t. John O'Hanlon of the Royal Marines, ! bail- -:_j----. c-041:4 o,l4lhaul'C.
-tiberetin"Dei,c•hcoalob.nlad:
Ls second to Lieut. Bagnell, in the late fatal • Illi 81 .., factor.
,Southsea Common, and asalnsi whouta ver., ;•:, - ...11141.,t't -- till
~ IP# D 4, SSOI.V.D,
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I rllllll4 Urar tr icitshire,
Wi/ful Murder was fountLtiy .the Cerauttr'e • • ' tE; • trims._ ffesvorth, Lanes-
Pip lately taken late ensfoft SA* Moat : sakes. said H. Robothim. bfilm-
it:
Iffee-kouse. He had din qua iiiis 4'4', .. ,l'il t woetri44llo, White Lloa-street, orton:tifaignr. Mat,
kseildpkh4ildWG:
Ding with a party Of friends a (hal hou*\ tnicn—J. Spencer G. D. Fisher, and R. Godby, Bradford.