The Statesman.
London, England, 1821-11-08 00:00:00

sTATts

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the public. Igo Lord of theldeniir chola say to it
Person walking on the tea With, for the purpose of
bathing, Sir,' you shall' not bathe Without my content.
:Ali the le4lit ItuthOritias be could find *ere against it.
o claimsail's-right was intotialiftebt trith the ltw of
•
the find. The principle upon tibich he fended 'his
!opinion was this :—The Lord =of .a Manor derived his
right frOnitheKitig to 'ihbin the lea shore belonged.
It was iinpossible the Lord could hire a grater right
than the King, who had no right in the soil of the•iea
shore, to preient Ms subjeCts going over it. The King
held the sea than 'lntrust far the Ohne. These*, by
the Common haw, was open to all the King's subjects,
'and by the- same lair die PubliC had aright to pass
'over the sand which *u the ooly approach to the tea.
The
Lid die right of Wreckidpoi his Coast, aid
the ptibliCWere expected int obly to secure wreck,
but assist the distressed mariners. If persons had
not the right of going orerthe siiid,ltbw could they
afford the assistance expected? NeiPrescriptive right
could be good Which deprived the subject of the use
of 'the sea shore. The sea had been tined by an eimi•
nent writer, the great bighatiykif the world ;' and it I
had never. before been contended 'that the' lea Akre,
could be considered privateproPerty;UPOn which the
public had no right' to land. If 'any part of the sea,
coast was behind as private property, the inciestire,
unless it' Ss for the purposes of navigation., 'Most be
removed upon indictment for a aufsanit. There was
Po specific part of the 'sea coast Where persons were
prohibited from bathing, and no one had ever heard
that the LOrd of a Manor could prevent persons ba-
thing. Theo it had been said bathing machines were
a new invention, andcould not be allowed: If bathing
was the right of the subject, decency was neverthe-
less required, and no objection ought to be made on
that account. Without those machines females, and
persons suffering under infirmities, would not be 'able
to bathe. The right of fishing win only part of the
great right to approach the sea. Free access to the
sea was one of the great interests of the ennntry.—
The business of a maritime nation could not go on
v.ithout free access to the beach. Could it be said a
ship coming 'from a long voyage could not land upon
the sea beach without the permission of the Lord of
the Manor ? The Learned Judge, adverting to the
law on the question. referred to Hargrare's Law
Tracts, where a passage is given from Bracton, stating
that the right the public had long.enjoyed upon .the
sea shore, was established on common law. The
banks of rivers were free to fishers. Rivers perpe-
tual, as they are termed, were public. The shores of
the sea were also public. Bracton's law had been
impugned by Judge Buller, who was of opinion that
that was not the common law, but Callas adopted the
passage of Bracton, anal considered it as forming part
of the English common law. If Bracton's doctrine
was law in the reign of Henry the Third, it must be
law in the reign of George the Fourth. The Learned
Judge cited the dicta of Judges found in various legal
Authorities in support of his opinion., and concluded
by declaring that the defendant, upon his view. of tile
case, was entitled to judgment.
Mr. Justice HoLROTD commented with great legal
knowledge on the passage in Bracton, which was co-
pied from Justinian, lib. 2. s. 1. That doctrine be
held to be contrary to many sound decisions in cases
which the Learned Judge cited. He Was of Opleilon
the right to bathe at the seashore was not to be found
in the Common Law, and held that the Plaintiff in this
case ought to have judgment.
Mr. Justice BATLEY and the LORD CHIRP JUSTICR
also held that the public bad not the right of geleg
upon the sea shore to bathe. The sea shore belonged
to the King, who conferred the right of navigation
and fishing; but it did not follow that the right of
bathing was conferred. If that right really did ex-
ist. it must extend to the whole range of sea coast, and
in that case mischief and inconvenience must una-
voidably arise. If a person had a grant of land ex-
tending to the sea shore, was he to be obstructed in
the enjoyment of it, either for recreation or any other
object by machines for bathing? The Crown certainly
would not withhold the right of bathing where it did
not interfere with private property. If bathing Lad
long been allowed in any part of the sea coast, it
would become a right by custom. Having consider-
able doubt on the doctrine of Bracton, both the
Learned Judges decided, that the Plaintiff ought to have
a verdict, and judgment was consequently entered for
.he plaintiff.

',hewing that had not the been taken by sur-
lprise at the trial, he cOuld bays satisfactorily proved
`that the 130/. was distinctly paid on an house-keeping
.account, which was conjointly kept between Lady
'Davis' and her ions,' and *Milt on the day in question
amounted to 4501.- and such in ligniditieu had paid
1501. •o that as far as the particular payment went,
the inference upon which the Jury went,• was altoge-
ther fallacious. It was upon these grounds that be
ipplied for a new trial.
The Court granted a rule to chew cause.
The Court notified that they would not go toto the
City to-morrow, as` wad published on the•paper; owing
to the Court in Guildhall being in preparation for the
Lord Mayor's festival.

POLICE.

MANSION•BOUSE.••••411100g14 a number of persons
who applied for the assistance of the Lord Mayor
yesterday, was a. girl, whose case was one of peculiar
interest.
She said her father Was a soldier of the 35th Regi-
ment of Foot; she 'was horn in camp ; her mother
died amidst 'the hardships of the service ; she was
carried from plies to place 'with the regiment; and
Was ultimately left at 'Palermo by her father, on the
departtreof• the regiment, in the service of a wealthy
merchant, named Noble, with 'whom she resided for :a
long time in great comfort, and at length was married.
to one of the other servants. Not long' fter this event,
the NeaPolitati Revolution took place, when her was-
ter's hobs. Was attacked, btritt 'to the ground, 'zed
both he and her husband murdered ; she escaped to
Malts. The Government procured a passage fat her
to England, where she arrived in the hope of finding
her father.
An Officer was sent to the War Office, who soon re-
turned with the intelligence that her father (who
served in the regiment as stated), had died soon after
his return to England, leaving no arrears either of
wages or prize money.
The Lotto MAYOR said that this was one of those
cases which had been overlooked by the Legislature.
f and for which no provision had been made by any of
the numerous • charitable institutions which did ho-
nour to the metropolis. ilis Lordship said he would
consider of some means of disposinrof her ; and or-
dered that, in •the mean time, she should be kept •in
the Compter, and be well taken care of.
GitlLDUALL.—Yesterday, before Mr. Alderman Lu-
cas, the Sitting Magistrate, a youth about 17 years of
age, who gave his name William. Whitaker Court.
was brought up on the charge of Mr. Mills, whose
son, a boy about 14. had been very dangerously
wounded by the contents of a gun barrel, discharged
by the prisoner on Monday evening in Fleet-market,
where a number of disorderly boys and others were
assembled, letting off fire-worts, &c.
Mr. 'Mills stated, that his child had ben IFDI on'
an errand towards that quarter, and was nnfottnnately
passing at the time the prisoner fired the gaa haryl,
and received its contents immediately over the • right
eye; by the violence of the explosion the or frontis
was fractured, coal to expose the brain, and the child's
eye drsadfolly lacerated. and almost dese4/1...,,:i. He•
was taken to St. Bartholomew's Hospital, I) wae be still
tromaits, according to the Surgant's certificate, is al
very dangerous state.
The prisoner, who was in tears during the whole ot
the examination, seemed deeply alelted at the come-
quence of his imprudence. He protested that it errs
entirely anaccident ; •that be did not know the unfor-
tunate sufferer, and did not plot the barrel at any
one. He had aid* off once before, and bad no sus-
picion of any aniident ; there were several other boys
letting off pistols and fire-works, and the watchmen
standing by offered no molestation.
The Alderman remanded the young man until the
state of the 'sufferer should be known, giving directions
that he should not be pat among those confined for
wilful crimes.
LAMBETK-STESlT.—Yesterday Edward Beanet, a
stout fellow about forty years of age, well known to
the parish officers of the Metropolis, was brought up
as a vagrant found begging. On searching him there
was found on his person 31. 3s. 2fd. in silver and half•
pence, and it was stated by some gentlemen who were
in attendance, that he hail 7001. in stock. . The pri-
soner was committed br five months, to hard labour it i
the House of Correction. .
UNION.HALL.—The day before the anniversary of
the Gunpowder Plot, the Magistrates of this office re-
ceived a letter front Messrs. Hawes. proprietors of an
extensive soap-factory, • near the old Barge-house,
DAVIS V. THE BANE OF ENGLAND. Christ-church, Southwark, requesting the assistance
This day, Mr. Serjeant LENS moved this Court for of the Police in preventieg the making of bonfires in
a rule to shew cause why the Plaintiff, Mr. Horatio the neighbourhood, on the sth inst.
Davis, in a cause in which the Bank of England were The Magistrates accordingly directed that a nuns-
Defendants, should not have a new trial, on the ground her of officers should attend in the visinity of the pre-
that he was taken by surprise in a material fact, which mites of tbe soap-factory. Between Sand 9 o'clock,
had led to a recent verdict against him. Hall and some other officers went to the place and saw
- It will be recollected that Mr. Horatio Davis,' a 60 or 70 persons collected arouod,a large quantityof
gentleman of consideration, had brought an action Ito the most choice materials for a bonfite, mothers of
recover from the Governor and Company of the Bahl tar-barrels being amongst the combustible!. Thabre
of England, two sums of 60001. which wood la his had just been kindled: and the restof the datgerous
name in the 3 per cent. Console,* and 75 Lott Armai- sport was. -about to. commence, when the .officers
ties, and which had been fratdulently drawn out of Itemised *helm and told Memo,' to disperse quietly.
the Bank, by Mr. Davisstbrother, Mr, J. H. Dills,' Several of. theassititede walked away, bct,theinnment
who !as arrested on a chile if iergery uponli'essrs. they titeugh,t the police were.out of reach of .the bets-
Ornmmond and Co. and who !afterwards escaped in riusent. they returosd and re-kindled the bre.. near
diiguise, from the Poultry CoMpter. Mr. /rota& the plice where the cousbaetiblea lay was a largewatts-
pavisoks was his right. proieeded to recover lions home containing 2,000 barrels of rosin and_ other
the Biink thit amount of stock ; the sank, although property of humane, value.. T4re were ale 16 the
bearing iimiler losses when no suspicion ittaihei to. neighbourhood *great many 'old 44tahaafiaa Wilt lag'
the claimant who ia (pitied' at*. resiite4 the pi "nient' wood, and containing articles- witieb-- nould` lot 'coo-f
iii
on the mind that Mr. tioratinDaels. was ap Hod tribute to the extinguishing of; a fire, If so dread.
by hii brother, *while in custody • et* the • iniltil ful a calamity took place in so close and "etbydikti a•
Compter, of the fOigery he bad Committed; and bid situation.
not disclosed that ciicumatinia to the` Batik. • But ivistf The Offiteit had, ti64ti.,lone but a ebteet .1•411.-
principally induced the verdict foi the' Beak when the tame from the.spot'aelectWor'lbt• Metteetiest. itpd•
case came before• Lord thief Justice Abbott, iris the returned just as the IN been reiclindled. 7They
. . ..
'Defendant's shiwing that on the 10th of January: the' extingiii.bed the.ate a' fiticiatiethne ; but. tihile:therr
,iday when the, dividends Opon siock. became payalile int were so employed;
.-they' t EcalVed very. ' reigte.tteet
Alt;
.4.01 t, the VrOtker, J: H. Wvis.•lta Paid to the. 'Meat fiennutink eine iiitili;trho ran into the.lerges
Plaint's Banker on afeenunt 150 L which has the which Were lyling•ii thellyer,ijind petted ikons' -With
. ~
identical sum due out of the 3 per Cent. COnic4 An coat. 'The ' hfileirCOSok• eintielivitrt' named Ate-
niitiee. **Fretn'tsi tict;* tbei fatthe 'first time intro. , 'ling Into 'itiiiddsi, stnd"eiiirgid hitt beiere 41/Wilhite
: Aimed by the, Bank, en inference-was forcibly raised glitrateibilti itting-lieetilitid of the thodiaitive :et
•
1 qi.4.lkj i. Heri!:lo;Datie- Misfit then hive known liii theitiOwd.. • ' . •
last(ter bad coutMitt'est pie 'fotiete,. 'andby*.sioe dii- lit. Miglithitits llivtifilY.:ciondespned..the noinitiet of
chwieg adds kuo' wiedge;to'the Itiak, burpirecAndied" pOrsoitsw. 1,6; 4 nitlited' Hilda dengeroits• Ximpstsi-siod,
fi• .- • • i f.• • • •
himself' sett legal 'chair ig. i4a.V*Hiat'Esieldillsidsint fidied;fhat lielitilibtenttrailirkifrayi'folibir... , - The de-
' 4r any
sreinshirseitent of his loss; 11;.'iceireiiiiitJnii WNW was lliehlieteta 'bait
nillw` tendered- several alfidaiitig' fOi "the sPelifiiiiVuf Forty-ifireetelithil; lirideit/ifty-boybpartegew-goo.

COURT OF COMMON PLEAS, WEDNZSDAT, Nov. 7

IMPORTANT CARS.

'ileted of baringoti the-night of 'the Sth Wire..
sqiihs, rockets, Ronnie 'oettillesk fte; Twenty4h,t,
.of them paid the line (MOs. esch)# the tliseviVelehtss
the House of Cortectio'n for a'ntnik.,..
George Wright. a boy 13.yedrtettid, 'lets Aired
with haring robbed the shop of Mr. Wright, 441p1i
mondorreqturre. On Tuesday *tstrelet, •es toys 44.
dente stand, the boy got behind the olitintatutiltlioth.
flintily **rent tea, drew out the till, end poeket4
contents. He was suddenly seized in trying se:
and •on him were found six shillings. *at its
, twiny one of a.desperate. gang that infest theisdo.
boorbead of Breaswick-street. The 2daglstrati eon.
nittod him to the House of Oorinetion at Brixtisi
with orders that be should be kept to bard loses fst
three months.

The gennekeeper of Mr. Pit, of Penney 'Wank
Nassex, tact week, breight to blig tar. am bingo;
snipe tad a partridge. His twa'Ar ire' ilia eelpe.• ht.
the partridge rising at same wettest !they tee' 4
gether.
I.:onONt NOT ts..--Mestevdiir lifttnvotrit wk.
quisitien • was tikes at' tlre 74Wrtbwreberiated Arale.
corner of Charlotte-street. andGoodge-strect, Tank
batercourt-road.` before Mr. Stirling, (witsadii,
steal ter his father, the litter being unable to. diem
s mecum% of the injury he sustained by the seeding
thel preceding day,) owthe body of Mr.
sett; aged'B6. The desT proceeded weeks a vise
`the hodv,•'wleleh 4ay in a MOM' oe>a the attiolstatyeelai
house, NN). 8, Bennett:street, itaithboae-plate; whirl
the. decased bad lodged for'2o years. The room,alititi
-who' very dark, presented a most wretched appease:tee.
The .fkirnitsee consisted of one old • chair, a table, a
frank lOr t,Fo, an old stump• bedstead, and ahi it
straw on which the had laid. .in sae emir
was a heap of maws; wad'the cupboard eontained airy
potittoe prelisas and a stale roll. The body of ale
deceased, which lay in a coffin. presented a pictured
exti•ememisery and starvation, although he had soh.
inil .. and had property in the funds to the assist of
Ibllo/. The Jury bavipg rpturued, the following eel.
deuce, was then taken :
• airs. Ann Gordon deposed, that she was house-keir
to 2.lrs. Catherine Saint Paul, at the Vicaraie-hease,
Put ney. . She knew the deceased. and was in the
ha-
bit of calling on bins vixen she came to town. lie
possessed considerable property, although he Heel is
the greatest, obscurity, • and would let no person kit
wit nest enter. his room, the door of which he always
halot padlocked inside, for fear of being robbed. Me
alv.says laid on his bed in the day time, and sat spat
night, without any fire, and burning a lame. Sou.
day evening, about seven o'clock, witness called satin
decaasedoriesaras then very much indisposed. Gelid
that many people would be very glad to linger his cask
but they.should not, On witness leaving him, she said
slitawould call .again on the following day; he thee
41014 her to lock him in the room and take thskry
with her, ; She for some time objected. but lie psnid-
ing in it; she did lock him in and put the keyla her
pocket, lend en her going next day, about two o'clsilt,
she found the deceased lying on his bed with his
clothes on quite dead. He had made his wilt wat shut
six months ago. wherein he bad appointed her as sr.
cutrit to his property, which was divided betwfta
Mos And the, nephew and niece At decessede-41
boast in which he lived was his own freehold.
Mary Prow, the niece of the deceased, depend
that her uncle for the last 11 years never *Allis
clothes off, in which he carried large sums of mosey,
t•vwn up in different parts of his garments. Oath
nit ht • previous to his death, he sent fur One eystn,
halt a pint of beer, and pennyworth of figs, which he
ate, and after drinking the porter, laid himself dews
on the straw, were he was found dead. Verdict—Did
by the Visitation of Ood.
Another inquest was held before the satne Coronet,
at the Coach and Horses, sear King-street, llolbora,is
the body of Mr. H. Marling, aged 70, who destroyed
himself by cutting his throat with a razor. Tbe de
ceased was a hair-dresser, residing in Holhorn,asiltsi
latterlybeen in a melanchaly state. Verdict—Temperate
Derangement.
Tuesday an ;arrest was takes on the body ref
llar-
riet Hinton, a girl aged 12 years.—The deceased eN
servant of a M. Fowler. cabinet-marker. On There
day week. about seven o'clock, Mrs. Fowler, who was
getting out of bed, was thrown into considerablealun
at hearing a violent screaming down stairs ; aid es
peoeeediag to where it ascended from. found the dr
ceased running is a state of distraction about tit
ground-floor parlour. enveloped in dames. No pews
being then at, hand capable of assisting in puttiagot
the dames, the clothes were nearly burnt to a dodder
time unfortunate sufferer's back before the fire cola le
ietctinguiehed. A medical gentleman attended, win
afforded her temporary relief ; she was soon after or
vexed to Guy's Hospital most dreadfully burst—
lingered is the most excruciating pain staid Satealle
'night, when ;she expired. The deceased accoussed for
the fatal. aecident, by saying that her clothes tools fire
while standing with her back to the pylon. gum
.dressing, one .of the..thildrea.—Verdict, Arsielsotat
Death.

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