The Statesman.
London, England, 1814-04-30 00:00:00

fendant, 'With force and arms,• debauched the
tinideaghter, per quasi-seer:ilium aullstt.
hoed Etteeeqeennues-It Appal!, from. the
rift wring in the registersbreok, noel (rpm the w
ks of entries,. that this. ection,exed to be ben
',isarespass, although it kir litierlY been .triihiii
&Unction upon the case, which for many purpose,
lis-'1 The Court, therefore, reslerethe old law;
SIC the last decision.
klog
r.. Justice &taw referred „te,a moist ,
'Jae. MIL-40 vwflofPfi• •
Mr. LtuTtarrow moied for, a Reit rtia,i. iesessle
/the Churchwardeoe, lac.. of the parish of Brae
1 Yorkshire, from levying certain rates which
'hail determined were necessary for the accomi
;sent of certain objects. They had fixed on
toldettay the expeuces of repair* to the chergis
Bradford, and to enable them tort:chase& field.
the purpose of enlarging the•buryingsgreund ba
ing to the said church. Now the Learned.
mail apprehended, that they had Ito right whattrieivi
to levy any rate for any such purpose, merely
they had determined that such a purchase w
expedient.—Rule granted.
HOWE V. Itkr.TYR.
Mr. Serjeant SELLos applied for a Rule
cause, why the verdict which hall been obtak
this case should not be set aside, and a new
- - -
COURT OF KING'S BLNCII, Aram 29. granted. It was a qui tam action for tinnier
logs, and was tried at the last Bedford ,
"DIREY o. MARQUIS Of 111""°". . There were many counts in the proceedings,
Mr. PARE moved to set aside the verdict for the general verdict was obtained- for ,iii amount . '
Pleintiff, which had been obtained at the last York : dealings,
;
which was 17731.; but as the proof
Assizes, before Mr. Justice LE BLAwc, against the' went to some of the counts, when the presi
Defentlant,`who claimed a right •of-common on Hat- , ;Judge said, that the Plaintiff had the law in
field-chase, in the West Riding df the county or, your, for the construction which he put on
York, in respect of. 119 acres, of which the Do- _s,
dealin
g the Plaintiff was, thereafter, to en(
fendant Was seized, in right of his Lady,, part of a his verdict on some one.of the counts.' Hitherto
farM called Bradholm, the farm-house not being a ' had not been done as he contended it eagle '
*cotninon.right house; but the Defendant had one ! been; but that might not affect his motion,
within the manor of Hatfield, which was : this manor : moved respecting the whole of the transactlo
of Hatfield was, by letters patent of sth Feb. 4 Car. I. •
grounds on which he made this *polled to
granted to Sir Cornelius Vermuden, Kit. who had dealings.
'undertaken to drain the wastes of the manor, in con- : Mr. Serjeant &tassel., Counsel for the
!iteration of a grant of one-third of the lands from ,21., having been called on by the Court, stet
• the Crown in severalty; and by a decree in the Court the usury was committed hi the course-of a
of Exchequer, in 163 t, made *between Sir C. Ver- , lending and borrowing on bills of exchange,
maiden farmer of his Majesty's manor of Hatfield, ! were discounted by the Defendant ; that some
Plaintiff, and I'ortington and others, Defendaut!, bills were produced on the trial ; that as the ,
it wasdecreed, that a conveyance should be made to - then said, that in point of law they had made
' the tenants, it-,c. of the manor of certain waste lands, , their case, they did not go further into it, and,
&c. (being the waste or common in qiestion), in as the rain of the Defendant-roust have been
lieu of their right of common over the rest of the, sequence, had they determined to proceed
I manor wastes, as mentioned in a deed of feoffment, penalties on the whole amount (the penalty fop
dated 15th July, 1633, between the said Sir C. Ver. being three times the amount of the dealing
: muden, and J. Gibbon, Esq., who had become ie. had wily resolved to proceed on one of the
terested under him of the one part ; and Henry
As yet he had not heard that any count had 1
I Lee, and fifteen other persons, of the *nee" solved on.
of Hatfield of the other part. Tr he deed re- ;
JAMI ,•r, A II LENBOROUG said, that this was
tiled, that king Charles had before appointed car- ' improper use of the indulgence extended
fain Commissioners to treat with the tenants and in. Plaintiff at the trial, that he must determl,
habitants of an 'hie townships, Precincts) 6';°' in el'd to-morrow, and that for the sake of Riese
adjoiiiiiig• .othe wastes, cisme% right of coma on. regularity of their proceedings, Mr. Serjes
there, touching what part of the commons to be WI had tiotel, oc„,poib, his Tostoli till ro-nlerso,
proved they would accept in foil satisfaction of their tiott deferred.
right nod title to the residue of : the same; and fur. : • - .
—.sp., ____,,_•
-
• thor, 'that disputes leads (trims-between
,the 544 Sir i occkgsstotty col* T: tiotreorts' COM:
C. Velinuden, and thellenants and inhibitaiits of the i Arai& 941.
said manor, tee. which were referred to the arbitra. : nOttatesr.• #. IROKAPZEI...
This', was a cause of divorce, instituted-by-
tires of certain Commissioners appointed by the
Crown ; and it was by them awarded, that the te- R.amanel, the husband, against Ann Romanel, hit
wife, by .
reason of cruelty and adultery. The.
mints of the manor of Hatfield, and the members
husbond pleaded in forma pauperis, and the case
thereof, should have unto them and their heirs, or
such persons and their heirs as they should app'bint, came before the Court on the e admission of the libel,
their former allotments for their common confirmed
which stated that the marriage betweee the parties
thsolemnized on the 10th of February, 1811,
unto them, according as they were set out by former "was.
Commissioners therein named, on the 14th of Mirth, 1 parish church of St. Leonard, Shoreditch •
nethe firstactof violence committed by tbi;
and that
1627,
.with certain additions therein stated.. The
wife towards her husband, took place at a very
Defendant in the present action +claimed his right •ef
common under the 31 Geo. 3. c. 30, sec. 39, which early period, namely, on the evening of the day of
excepted only such lands and hereditaments as marriage. The libel also stated several other acts of
Win not legally entitled to any right of common,husbandobliged to quit
violence;.. and that the was
and- also except such landi and hereditaments which, • his wife in consequence. of ill-treatment, after the
on the Ist day of January, 1808, were not the pro-
..abort cohabitation with her o.f. five
.weeks. The libel
party of any person or persons, who was the owner
eery
charged the wife with various acts of and.
of any messuage or hereditament within the parishes . committed by her with divers pekoes in the
or townships of Hatfield, Thorn, and Fishlake. Mr. o. r o
• Reig.hb 0 h od of Shoreditch.
'I he libel was opposed by Counsel on the part of
Park contended for this right in the Defendantl.l
wife, the ground of delay in the husband in
because he was the owner of a commies-00f the ,on
bowie annexed to his land, although the farm-house . not bringing the suit sooner.
of his land was not a common-right house; and cited' The objection was over-ruled by the Learned
Benson v. Chester, S Term, Rep. 396. : Judge (Sir W. Sewer), who, under all the. circum-
t Lord Eramastortoneu held, that the house must '
b.
mug first re-formed..
stances' of the case, admitted the libel to proof, after
' belong to the land ; otherwise commoners would
acquire unequal rights, according to their capacity of '
annexing land to houses. There • was no principle of
law, which a house annexed at random could confer a
right of common.
Mr. Justice BAILEY.—One-half of this common
was given to the owners of houses, without consider.
ling whether they had laud or not, and the other half
to the owners of land, if legally entitled, and also
having bosses in the. parishes or districts. Is this
landiegally entitled ?—%ou go and get a cettignin•
oozed to it aliunde. If it appeared, that the Cottage
had been invariably annexed to it, you might tome
within the words of the Act.
Mr. Justice DAMPIF.R.—YOU are excluded by the
word legally in the Act, which means that you shall
not have a house in one place and land in another.—
To support your colour of right, you have always
thought it necessary to have a house in another place.
—Rule refused.

BOVAPAIITE told General CAMPBELL, that the plan
of sir TMOMAS GRAHAM at Bergen.op-Zoons ws
4ilfully laid ; but that his General had been apprised
of his design, made acquainted with the whole plan
of his attecl44 tilt. number of his troops, and that the
goides were instructed to lead the first who entered .
astray.
,01 Wednesday se'nnight Captain ntotancaroN,
on the Impress service at Lynn, received orders to
pay off and dismiss the pressgang, which, for se
many years had excited a terrm, to the sea-faring
part of the inhabitants. It is impossible to expresk
the demonstrations of joy which took place on the
occasion ; even the British flag, which had been con=
s:antly displayed at the rendezvous, was torn piece..
meal, and the staff burnt by the wives and families
of the sailors who were thus liberated from the fear
of being impressed.
The Ligidning sloop of war, having under COUP
voy a fleet of transports, sailed on Tuesday from
Plymouth, with about 2000 Spanish troops on board,
for Corunna. These men were broeght from Rol•
land, where they were either detained as prisoners
by the French, or employed•in, the French service,
till they were liberated by the restoration, or by the
Allied arms. •
OLD ilamtir...-.-Yesterday 34 phony., were tried,
20 of whoM were convicted of &talky, Mid .14.aere
acquitted.-7-Berrgeger, indicted with others for a
conspiracy,
.epPiered in Court., bet tlist:tevisg
spAi-
cient bid:, wits `committed to Newgate.

DITCHAII 74. BOND.
Mr. CAMPBELL moved the,Court in arrest of juag.
etent upon this Terdici for the Plaintiff, Wien action
of trespass, in which a count for heating ,a servant
per quad servitium umisit as joined, whereas that
form of action, he contended, under the authorities
of 2 Wilson b 5,. Bul. N. P. 128, COoke v. Sayer,
6 Fat, 388, Parker v. Ironfieldr lb. 391; and
2 Term. Rep. 167, ought to be citse, and not tress-
Pao.
tint tin' Court referreti to the last case on this
questiqu in the Common Pleat, viz. that of Wepd..
ward ,tt. Walton, .A News .147:6, is which it 'ulisi itir
r
~.., tlefi( Rtnity. to the.ppinions of Mr. Ai:
dee Buller C 1,1 r., 14. AO, a), asul‘of J4ord C. J.
Holt 4Lprd I, yet..W.l2),.that theacgon for .e4c.,
tiott,wo trespalgr Ati4 o.qt tiefPa4,on•tbe Ws; 404,
consegoeptly, Altet Aiessint :fur brell*.ita ond ,entsse-
'kg tie, 'Plaintiff". .Iwelintg.hourl, aqd aebaAching
his daugh-'r, whereby lie lost her ,ietviee, stay be
joined with a count, .omilting the trespass to the
. dwelling-house; and merely stating that the De-

M /AMIE& •
'Monday. at Stepney Cksoch, Mr. J.' C. -4.11402, GINO%
.41 Hew Joon, of Blackikal.

DI4P. ' .C 4. Ctlotoit
- -
CO WedneidV, in Shßife.-oltert. 11‘.. Irietait
Wyoyard, of the ONlitrenot filial*, ewe olikkgilthel.. °col'
shoted by. repented .ottodo of Waleborshilltver

~0,41)0N Primed and iNaillitihed by D. inym,L., ai the
STatEsdAll 01/111c11. Ni, Vlertwdregt.

iar
I Plain.
rpm*
ftnOtlitt •
brmight.
rated as
po!es it
lisf, and
ist Cr°. .
litstrairt ,
radford,
ich they
omplisha
a • red
eldt for •`'
I liAiig.:4
Gettilt4
AWN*?
besaiwo.
✓abid IN,
• •
to shove'
tained in
ew trial.,
DIU deal.
Assises.
and a
of of the -
oof only"
presiding•
in his fa.
on those
enter up
herto this
it to hits
n, for he
lons, the
2 all the
m Plain-
ited, the
series of
le, which
me of the
the Judo
made oat
and, that
a the cow- -
d for the
for usury
ng), they
e counts.
I been re.
as A very
ed to the
1:;e before
;ening the - -
Int
ow.—Ma.
JAIONS, : •
mane!, his -
ery. 'fbe
the caw'
f the libel,
the parties