The Statesman.
London, England, 1822-04-15 00:00:00

HE EDITOR OF TIM STATESMA.N.

•Your paper of the Stb inst., came into my
sterdav--observing a statemeot of the amount
Attorney's Bills, for actions brought against
dred or Cnonty of Surrey, (as I am no law-
s not certain of which,) however, as I am an
nt of one of the d:•.triets, in some way or other
se, I mast pay my share towards repairing the
in the houses of those who refused to Monti-
to the acquittal nfonr persecuted Queen. Who-
plied you with the statement, ought to have
t more of the facts which are well known.—
re in yonr remarks, as Editor, a reflection
at respectable body, called Quakers, in which
tot atrree—Of one of the parties alluded
)ave a little knowledge—l mean Mr.
A more peaceable and gentlemanly man does
in the County of Surrey. Were he to know
said, I hare no doubt but be would be able to
ritat he was not the promoter of these Law-
'—What must other nations think of a Govern-1
tl.kt will tolerate such things? (it winds reform-
I :ball be glad if any of your correspondents,
faros the Public, how many items are paid, (in
II%) out of any one County Rate.. The demand
neon the parish for so much to be paid to the
ter of the county ; this generally goes out of
collected for poor•rates ; then the cry is, howl
ills high are the poor-rates.—Admitted ; but was
! to the poor, would they be so much ?
ratio have the power in these eases were to do
a'r. the public would be nenefitted ; but what
expected from such men as theginmsaker?—
thlse who sent him, (I don't mean the Maxis-
were very much driven, when able to find no!
erten to go to oppose Reform.
7, April 12, 1822. A. B. C.
choted like lobes, what this Mr.ll SWST E a has to
Id to see how he would male it oaf, that he was sof
gee of the law affairs above alluded to. The Attor-
eould not brinsthe actions-Ulan,' his authority.
way have asked him for that authority ; but, is Mr.
rut 'itch a simple man as not to know the costae-
of his giving an attorney such an ameaerityt We
st this pLin quest ion to him: Does he think it HIV
vieinage should be put to such charges as a punish-
'muse it did not rise and figftl, to prevent a few
iglus lo his windows from being braktn?

immediate surrey is to take place for the most
• situation to erect telegraphs between London
!'°oath• A communication from the Aduiirrlty
:cumuli takes place directly. and each station is
the superintendence of a astral officer.

niovset.e vra woo/sec.—A correspondent ti-
es that Vyse, of Ladfate-street, is vending
thorn hats, of the new fabric, upon the same
priociples as the celebrated Messrs. Todd and
D the terror of the trade aid the London Leghorn
trchants.

Tb. followiale Peddes was Ipfatewlimi Is the Nesse
of Cowstess es the 11th Meek task by Mv. Wedehesee.
Anther for the Oesety of Node& As the esliost of
it is generally istreetleg.. we Save hies ladeeed to
give it iseertios. snmalsiai that we de sea esewhies
*smite, reepeseible is. say maser fee the eilligiole
eosteined is it:—

TO TIM C 0341101111 1101/11101 II SOWS
OF GROAT OIIT.IIIX, &0., SIG xow AISS/411140.
" The humble Petition of t►e moderaigsed.ooo lo Pro-
fession with the Pee* called goakers, of tk. Parish
of Margaret's, is the City of Westminster-
--

" Shimoda—That an illiterate female, who bad arrived
at the great age of betimes seventy and eighty years,
died is the year Bights.. Hundred and Fathoms, to
whom year Petitioser h a joint heir, and that a penes
who was, and had bees her active wet, did privately,
aid whilst she micas her dying bed, prepare sad make
a will, purporting to be the will of the said female,
wherein the said agent illegally constituted and tsp.
pointed himself a joint executor, sad a residuary de-
visee with two other persons (all strangers in blood), Se
the said female, to a property concealed Roder a residue,
to the amount of fifty thousand pintails. excluding the
rightful heirs at law of the deceased from say share if
her property, with the exception of a small legacy to
two of them.
" That a Trial of Biectniest was (Int institated with a
view to amid the said will, and that the isms was tried
in the Court of King's Beach is the year 1815, when,
from some very important °missiesa and irregularities
io the phi:realism analog est of some persons cos-
awned for the plaintiffs, a verdict was given for the
defendants.

" That a probate of the aforesaid agent's will was
afterwards/raated in the Ecclesiastical Court, Doctorii.
Commons, solely on es-parte evidence, there having
been no allegations exhibited in behalf of the plaintiffs.
" That in consequence of the aforesaid agent Laving
presumed illegally to make himself an heir to the said
female, your Petitioner bath been a sufferer to the
amount of one-fourth share of fifty thousand pounds.
" That your Petitioner bath reason to believe that
other persons have bees injured and defrauded by agents
illegally making themselves heirs to testators, and that
the increased practice is recent, and brought into action
from the example of your petitioner's case.
" That it appeareth to your Petitioner, that the suc-
cess of the defendants in your Petitioner's case bath
operated as an example for similar fraudulent and illegal
practices, even in the principality of %Vales; as it bath
been communicated to your Pe4tioner, that within a few
years only several instances have occured where agents
and other persons ha►e made themselves devisees under
wills they were employed to prepare, and that it is stated,
that such illegal prateoes bad never been known to have
taken place there before.
That in the County of Radnor, two of those frau-
dulently obtained wills have been annulled in the Court
of King's Bench, solely on the ground of the illegality
of any person making himself an heir to any testator;
and that the County of Radnor was under great ferment
and alarm at the discovery, and that it bad caused some
testators immediately to examine the wills they had by
them, and many persons bad discovered attempts at the
sarne illegal imposition.
'• That it appeareth to your Petitioner, in • cause at
the Summer Assizes bolder' at Cork in the year eitrbteen
hundred and fifteen, before Baron George and a Special
Jury, that a will made by an agent of the testator, going
to deprive his family of the said testator's property, Ivan
annulled, on the ground of the illegality of ao agent,
or person making himself an heir to a testator; and that
The instructions for making the will (in this case also)
ctsuld not be produced.
" That it appeareth to your Petitioner, there was no
precedent on record prior to the year eighteen hundred
gni fifteen, where a will made by a person, who was an
heir under it, that had been disputed in the Ecclesiastical
Court, and allegations exhibited, which had been con-
firmed ; or any decision in the Court of King's Bench,
or in the Court of Chancery, that went to the establishing
of such wills.

" That it appeareth to your Petitioner, the practice is
one which the wisdom o(our ancestors the Romans held
to be so dangerous and unjust, even at the direction of
the testator, that they enacted a law making it death
for any person who made himself an heir to a testator,
via. " Lee cortielia qui se scriprit hereduni, quamois
dirtaote Testator puma capetali officiator:* Whichlaw,
it doth not appear to your Petitioner, bath ever yet been
repealed.
"That it appesreth to your Petitioner, if such prac-
tice is once established, it would prove highly thing,-
tons, from its placing persons who prepare wills, in a
situation of great temptation to commit fraud, and by
its holding out powerful inducements for the formation
of conspiracies for the committiog of frauds on the illi-
terate, aged, and infirm ; and at a time too, when they.
may, from a series of afflictions, be incautious and indif
ferent as to temporal affairs, and in a state incapable of
comprehending, or of detecting such impositions.
" That it would frustrate the due administration of
the law, inasmuch as it would preclude the evidence of
the person who prepareth the will, and deprive both
plaintiffs and defendants of evidence on very important
points, such as they could not supply from any other
quarter. So that what wool.' be a source of security
to the fraudulent, would operate as an instrument of ob-
struction to the recovery of the property of rightful
heirs or legatees.
" That your Petitioner bath marked the rapid pro-
gress the example of his case is making, with the deep-
est feelings of regret, and is anticipating with the ut-
most solicitude the direful effects it is calculated to pro-
duce on the rightful heirs and legatees, so fatal to the
peace and happiness of families, and of the community
In general.
Do, humbly, most solemnly, and tly implore,
that this House will be pleased to take into. their most
serious consideration, this momentous subject; and
enact such l►ws to prevent the case of their Petitioner
being made an established precedent, as to their wisdom
may seem meet. And your Petitioner shall, as in duty
bound, pray, &c.
(Signed) " EDWARD OLLETT.
" Margaret's, Westminster."

CALanowtax Atrimum..—.The sth Asni y Fes•
Oval of the shove excellent Inatitutioa was held on
Saturday evening in Freemason's Hall. This Society
has for its object the cluthiag and educating the
children of Scotch parents who have died or bee. dis-
abled in the service of their country.—At 'clock
Sir Charles Brant took the Chair, in the absence of
kis Royal Highness the Duke of York, preveeted
leading by official busine■s. The Chairman was sup.
ported by the Right Hon. Lord Stowell, Sir W. U.
Heir, K. M. T. and several other distinguished per.
sonages, together with a numerous and respectable,
company, many of whom were clad in the Highland
costume. After the usual loyal toasts, the Chairman
proposed the health of their President, the Duke of
York, which was drank with loud cheers. In the
coarse of the evening, 30 of the boys supported by the
Society piraded the Hall sod received much applause.
The company. entertained by Messrs. Collier, Broad-
, burst, and others, did not break up till a late hour.

L.fir


COURT OF SESSION, (FIRST DIVISION.]
Tinoweatre CASS 111 ASUICIIILTCRISTS.
As the following tem seems to esta►lish a principle
important to landlords sad (enters, we think proper
that it should be made public.
Two penes, possessed, as tenants, the farm of
&emirates, lying in the perish of Stewarton. Ayrshire,
beloagieg to C.I. Somerville NacAlestee of K .
As they bad paid up their rent prior N crop 1821,
the landlord eatertained no suspicion offing,. and bad
taken oat too sequestration, bat the s•oek and crop
stood of metres hypothecated flit the renter crop 181 h
Oa the night between the tt►,tind 6th November last.
in or sic tenants of neighbilitring farmeassembled at
Cemegatn, along with the family of Bla tacksmen,
when the whole livestock, coasistiog of thou twenty
bead of cattle and berme, were chtedestllNly driveller
In lots to planes! eoseselatent. The Bete, which rh-
omboid untbresheds and *early the whoa isetblug
idi-
plemeats, and the greater part of the furniture; werl
also carried off. All this took place at midnight, of.
before 4 o'clock in the morning.
Several corn steaks still remained is the yard ; but,
oe examiaier them, it toned out that they had been
peerioesly threshed, mod built op la the form of stacks
of notireshed eon.
At Ant, the parties who had assisted the tenants
Judea tbat they bad bee, present; but the landlord
hating aseertaiaed their names, a precogsitiun was
take, before the Sheriff, mod the fact of their having
boss present, and of the clatehtstine abstraction of
the stock (ally attoblished. But these parties still
withheld all lefonmatitte as to the disposal or places
of coacesloient of the live stock. The Precognition
being laid before the Lord Advocate, his Lordship '
,lined to prosecute at the Instance of the Crows,
thinking it a ease which shoald more properly pro-
ceed at the instance of the private party.
A summary complaint was therefore p d is
name of the landlord, with concurrence of the Lord
Advocate, to the First Division of the Court, craving
their Lordships to tied, that the tenants of the farm of
Croesgates bad bees guilty of fraudulent bankruptcy,
and that the r ceomplices who assisted thew were alders
and partakers thereof; u and to declare the whole
parties infamous, mid incapable to pass upon inquests
or anises, or to bear witness in judgements and to is-
flict such ether punishment on the defender., by fine,
imprisonment, banishment, or transportation, as to
your Lordships may seem suitable to the *Beare ;" and
to lad the whole defenders, conjunctly aid lly,
liable to the landlord Ia damages equal to the rent, and
in all the expeests. _ _ _

At moving the complaint, their Lordships seemed to
entertain no doubt ofits competency, and of the whole
conclusions being relevant. They therefore granted
• warrant for apprehending the whole parties com-
plained of, so as they might be brought to the bar
to undergo an examination and find bail. On being
apprehended under this warrant, the whole defeodere
immediately joined in granting security to the land-
lord for his rent and expenses, so that he did not
consider himself called on to proceed farther with the
criminal conclusions. From these proceedings, how-
ever,it numbs Inferred, lst,that when a tenant,althongb
set ander eeptestration, privately and clandestinely ab
streets his stock,so as to disappoint the rightof hypothie,
and deprive the landlord of his right, this amounts to the
crime of fresaaleat lostakruptey, and may be prose-
cuted before the Court of Session, and punished in
terms of the Statute 1696 ; and, 2dly, That those
neighbours who assist the tenant in clandestinely car-
rying off and secreting the stock and crop, are held to
be actors art and part in the crime of fraudulent bank-
ruptcy, and as such not only answerable to be punished
criminally under the act 1696, but also personally
liable to the landlord in the rent and expenses in name
of damages.

T Tli 13S.
(7110* THE WEST BRITON.)
We are concerned to find, that by an oversight the
following observations made by the Rev. Mr. Walker,
at the late Meeting of the Owners and Occupiers of
Land at Bodmin, on the subject of Tithes, were omitted
in our report of his speech.
After his ob ions on rent, the Rev. Gentleman
said, that lie could not omit submitting a few remarks
lan the subject of Tithes, which, as at present col-
lected, were a great grievance, and especially taken in
kind, they were particularly injurious ; as they were to
their bestioterest as Christians, by their tendency to
break in upon that spirit of peace and charity which
is the essence of Religion and the bond of Society.
Hear !)—The present mode of collecting tithes was also
injurious to the receivers ;—for it should be recol-
lected, that there were numbers of Clergymen who had
only small livings to support large families ; and who
had conflicting duties to fulfil ;—if they gave up what
they deemed their legal right, for the sake of peace,
they were, perhaps, resigning the only means they
possessed of educating their children, or providing
fee their widows and families, should it please Provi-
dence to call them from this state of being. But
though he highly disapproved of the present mode of
collecting tithes, he felt himself justified in saying.'
that foe Clergy of England, notwithstanding a few
exceptions, were not, injgeneral, craving.
He would go so far as to say, that the new and fro
proved system of husbandry now in practice, could
not be carried on, under a rigid enactment of tithes.
lie himself knew a farmer who had paid 1000/. in the
purchase of an estate, and who had shortly after laid
out 1001. more in the improvement of it. Now,
if they supposed the estate to be worth 401. a
year, when it was purchased, the tithes payable
on it, at three shillings and sixpence in the pound
on the rent, would be worth 71. By laying out the
second 10001., the farmer had not gained even legal
interest for his money, though he hadjdoubled the vs
lie of the estate :—the Tithe owner, however, might
claim another 71. on the improved value, leaving the
farmer but 33!. as a return for the expenditure of
10001.—Oa the whole, though he had ne►er heard of
any plan to be substitited in lieu all', present sys-
tem of tithe laws that was not objectionable in some
particulars, it was still his most anxious wish that
some fair measure of commutation might be discover•
ad, which would establish a lasting peace between the
Clergy and their farishlooers, and tend to the better
encouragement of the Agricullural Interests of tLe
nation.—(Loud applause.)

1.4 W iNTISLLIOSNCE.
~. • -.rail...
4 COURT OP EMITS DILSCH, Mini IS.
.' +HR STITUTIOEAL ASSOCIAMM.
Tat king CUSSES'S MUSKAT, stn louts ggirit.t4
NONbUlt N WAIN, AND /WWI mummies
At an t hoar in the morning - the. Comm wee
Wowded to, *cm. As men as the Lone Corso doo-
dles took! is seat on the beach, the cote of" Tim
King o, rray sad others" satin called on by Me. Ats•
soy?. ne Special Jaren anstmred to their rams,
bet nip encased encased by both parties az the gemmed of
orient llopidoest. A calea was prayed on. behalf of the
pemsecutioa, and four comma jerors introduced idle
the box. The special jurors sworn were—John Leaeht
Edward &ghee. Wet. Whitworth, Thomas Peas, J.
Scott; Thomas Todd, end Thomas Parker: the corn.
men jorers—James Pommel% nouns Eichm.lso%
Richard Wilms, and John Trigge.
MMus. Scanner, DINSIAN, and EVANS, appeared
es Colffialel for the prosecution ; sod M . Onatinv,
TaNDALII, and Aboirus for the defendants
The hay being sworn, Mr. Evans stated. the so.
smote of the charge. The ittbcttnent alleged that
the defendanta, being evil-dlsposed persons, end Jr.
signing to usurp several of the prerogatives of the
King, and to bring them into contempt, to sabrert
public justice sad the liberties of the realm, and to op.
press certais individuals, and to extort from them
money, goods, and chattels, did conspire to threaten, to
'indict, lad to indict, divan of his Majesty's subjects
for the publication of pretended seditioes and treason.
able libels, they (the defendants) nut being personally
aggrieved by the pretended libels, nor being required
40 give evidence respecting them, nor holding soy of.
See under the Crown ; and also, that they emisplred to
extort money, goods, and chattels from certain person.,
ander colour and pretence of abstaining from further
proceeding against them, and for su abstaining to pm.
ceml. There were various overt acts of the conspira•
ey laid in 1 counts. There wes also a count for
administering an unlawful oath ; counts for extortion
without laying the conspiracy ; and a count for impro-
perly compoasding prosecutions to the prejudice cl
public justice.
Mr. ScseLrry opened the case, in a clear and im-
ressive speech, and stated, that the defendants had
been guilty of that which, if done by the Attorney-Li-.
sera] himself, would have rendered him liable to he
pediment. He informed the Jury, that the evidence h
was about to offer, would prove, that Mr. Murray, i-
concert with the other defendants, had presented, and,
in seine instances, threatened to present indictments,
against different individuals, and had abandonel
them, or forborne to present them, on those indi-
viduals submitting to the terms imposed by this Socie,y.
IS one case fsf. Lad been obtained from a man Ram-.t
Atkinson, in another 561. from Mr. il'arilell, the Edi:o
of the STATESMAN newspaper; and in other instances If, .
prosecutions had gone on because the persons indicted
refused to submit to the proposed terms. Ti..,
Learned Gentleman dwelt with considerable force or
the dangerous tendency of societies of persons unkdow.
sad irresponsible, usurping to themselves the (ow.-
dam of officers known to the law and constitution, and
responsible for all their proceedings. Had this Sc.
clety employed its funds in procuring information .r
eff:nces, and then laid such information before hi,.
Majesty's Attorney General, no one could have com-
plained of their conduct. if the Jury did not by their
verdict put a stop to the Association, it would estah.
lisp SS imprimatur of the worst and most dangeron'
description. He then proceeded to call wit nt uses.

G. Galloway stated that he knew J. B. Sharpe, and
could swear to Lis hand-writing. The signatures tc
the papers now produced are in his band-writing.
There were then put in and read, the decal/sr issue
by Mr. Sharpe, as Secretary to the Society, and the
copy of the affidavit of Sharpe and another, deposit,-
to Atkinson, a bookseller, in the London road, Flamini
sold seditious publications.
%Vm. A tkinson,a pamphlet-seller, in the London-ron4,
was next examined. Heswore, that in March, IS2 I, !teem
ted on a Judge's warrant,ohtained at the instance of
Mr. Sharpe; that lie was detained in custody five dart;
Mr. Murray insisting on the usnal full notice fur in.
(fairy as to bail, although the Jude. considered that
the hail offered by witnesses were sufficient. That a ne.
gociation was afterwards entered into, in consequence of
which he gave up to the Association a quantity of hook'
and pamphlets which they considered to contain
objectionable matter. That he then understood
no further proceeding's were to be taken aga;ns'
hint, but he was informed afterwards that he mu.
pay 11/. for costs. That by pleading his poverty
and his total inability to raise the sum, and attending
at the Office of the Association, where be was introduced
to the Sitting Committee, consisting of the defend/ate,
nt length, the suns was reduced to 3!.. which In
raised and paid to Mr. Murray. No bill of indictuseti
hail ever been found against witness.
Crossamatninvil by Mr. GCRNZY.—After being re.
moved Irons Horsemonger Jail, Mr. Bradshaw might
have been to Mr. Murray's 'Ave, and stated that nit
mess was sorry for having published those works. et,
'Mr. Murray returning a second time, he told witness
that he had. deceived hint, by steeling his publications tr
the house of a friend ; went to Fussey's house, and bun
the works there. Mr. Price accompanied Mr. Marra;
this time gave up at that time some Black Dwarf.
some copies of Medusa, a few Numbers of the Itepub•
limn which he had for his own titivate reading, and not
for sale. Witness believes in the New Testament ; but
cannot say that he has never asserted the contrary.
Re-examined.—la consequence of Murray's three'
that ha would prefer a bill of indictment at Kingstoi
Assiz :s. I paid the
Mr. Wm. Bradshaw is a stationer. Offered hail fot
Mr. Atkinson; has sufficient property for that pnrpose.
Mr. Murray refused his ba;', not having had 4S hour.
notiee. Called at the defendant's office; saw Mr. Sharpe
there several times; told him that he had come to adjust
the atflir that was between 31r. Atkinson and Murray,
Mr. Sharp said the committee did not sit that day; h• t.
the nest they did he would mention Mr. Atkinsou'e de-
sire to them, sad let witness know their determination;
afterwards rereived a note feign 31r. Sharpe. who intro.
iluced him to the committee. S;r John Sewell, Mr,
Murray. and several others were there whom witoes•
did not know ; called at the office several times before
any thing final was arranged; at length it was agreed
that the publications were to be given up, and Mr. At-
kinson was to pay the expenses. After Atkinson wtp
released from prison, saw Mr. Murray in Wood.
street, who told him the expenses were between eighteen
And nineteen pounds; represented Atkinson'. poverty,
sad on attending the committee again, Ste John Sewell
Mr. Murray, and Sharpe, being there, desired witness to
go into another room, and on waiting there some t,
they agreed to take M. Mr. Murray pressed very minds
for payment of the money, and unless it was soon paid
he said toe shoohl go on with the proceedings.
Mr. James Barstaw, a stn.ient of Grey's inn, know•
Mr. Robert Wardell. Itetollects golng, about Easter