The Statesman.
London, England, 1821-11-10 00:00:00

THE ST ATKsm 141

and Gully to America. The plaintiff prodeced wit
sews atsthe trial, who gave an opinion that the six.na-
tures were the bud-writing of the defendant. Others
on the ceatrary declared they were not sr. Crewe's
writing. The writing was a vigorous hand, and Mr.
Crewe, who was described to be near fourscore, wrote
in a week nautilus manner. The Lord Chief Justice
left the Jury to decide upon a mass of conflicting evi-
dence, and they found a verdict for the defendant. .
The Souctroa-Gatanai now moved for a sew trial
on the ground that the plaintiffs were in possession of
better evidence than they had been able to procure at
the trial. He bad an affidavit stating that Berke, who
some time ago returned to England, had been lodged
in Stafford gaol on a charge of absconding from his
bankruptcy, and that they had not only Berks's evi-
dence, but that of his brother. which the Solicitor-Ge-
neral contended would materially vary the case in fa-
vour of the plaintiffs. In answer to questions put by the
Judges, it appeared that other actions against the Rev.
Defendant on bills negotiated by Harks, were pending.
The LORD Cesar Jessica observed it would perhaps
be proper to allow a rule to shew cause, in order that
the affidavit might be filed, and the defendant have an
opportunity of answering it. At the same time the
Court desired it might be distinctly understood, that
the conditional rule was not to prejudice in the slight-
est manner the question at issue is the actions to be
tried. Considering the situation in which Berks
staid with respect to the Assignees of his Commis-
sion, whatever came front such a witness would be re-
ceived by the Court with the utmost caution.—The
Solicitor-General took a rule to shew cause.
navrrepitsi tent P. HODSON.
Mr. Jenne moved to set aside the verliet for the
plaintiff in this case, and enter a flunk. It was an
action to recover penalties under the Hawkey and Ped-
lar's Act, 50 Geo. 111.. cap. 41. see. 7. The Act pro-
vides, that it is unlawful for any hawker or pedlar
going from town to town, with carriage, horse, or on
foot, carrying goods, wares, or merchandise, with li-
cense or without, to open shops for the sale of goods
in any of the towns through which he or they may
pass. Every person offending the provisions of the
Act in the above respect, is liable to a penalty of 30/.
The defendant, who is a travelling auctioneer, sold
books in a room at Stourbridge, which had been sent
in boxes by a person named Green. It was contended
at the trial that he did not come under the Hawker and
Pedlars' Act. inasmuch as there was no proof he went
about the country carrying goods with horse or car-
riage. He was described, however, to be an itinerant
auctioneer, and the Learned Judge who tried the cause,
was of opinion he cause under the intent and meaning
of the Act. The Jury consequently found their vet-
did for the penalty.
Mr. Jams submitted, on this occasion, that the de-
fendant was not liable, but the Judges held that the
verdict could not be disturbed, and refused the appli-
cation.

TU LORD. MAYON.
At twenty minutes after two o'clock the Lord Mayor
elect, the Ex-Lord Mayor, and civic attendants, en-
tered the Court as usual on this dry. The Chief Ma-
gistrate proceeded to the Bar, and Mr. Common *SR-
?NeXT made & JMOtioll to record some proceediug ton-
;wed with the rights and privileges of the thy of
Eiendon. After the Court had ordered the same to be
recorded, the Common Serjeant, in the name of Lord
Mayor, Sheriffs, and Aldermen, invited the Judges to
dine at Guildhall—The procession then withdrew.

CONSISTORY COURT. FRIDAY. Nov. 8.

Sir Christopher Robinson took his seat as Judge.
NULLITY OF MARRIAGE.
DAVIDSON, OTHERWISE BOODIN, FALSELY CALLED

CARLES, V. CARLE&
This was a suit of nullity brought by the wife
against the husband, on the ground of her own illegi-
timacy, minority, and non-consent of guardian (not-
withstanding the consent of her mother, who was pre-
sent at the marriage), there being no legal guardian
appointed by the Court of Chancery.
It appeared from the evidence in the cause. that
Frances Caries, otherwise Davidson, otherwise Booden,
the party promoting this suit, was the illegitimate
daughter of Margarette Augusta Davidson. spinster,
who lived as housekeeper with Major Booden, of East
Blacheter, in Sussex ; that on or about the year 1779
the said housekeeper was observed by the neighbours
to increase in bulk, and on the Bth day of August in
that year, was delivered of a female child, which was
afterwards acknowledged by Major Booden as his
daughter, and brought up in his house antler his own
eye. By the will of the deceased, Alajoy 8., which
was proved in 1796, he bequeathed the whole of his
property to Augusta Davidson, spinster, and in rever-
sion to his natural daughter by the said Augusta, the
whole of his freehold and personal estates, appointing
the mother sole executrix and administratrix.
The marriage in question was solemnized by license
at St. George's Church, Hanover-square, in 1798, be-
tween Mr. Caries and Frances Booden (the mother,
Augusta. Davidson. being present), upon the affidavit
of the mother and husband that the wife was then un-
der 19 years of age. The parties, •it appeared, bad
cohabited together fur 2 years. but it did not appear
that there had been any issue of the marriage.
Dr. JENNER contended, that here was sufficient
proof of minority, illegitimacy, and non-consent of
lawful guardian, so as to establish the rellui4ite facts
that such marriage was contrary to Act of Parlia-
ment, and therefore prayed a declaratory sentence of
the Court, that such marriage according to law was
null and void.
Drs. SWANEY and PHILLIMORE took objections to a
declaratory sentence being passed. on the ground that
the mother was pretient consenting to the marriage,
and which she believed to have been solemnised under
every legal requisite. It was further contended that
the identity. of the party promoting the suit was not
sufficiently proved.
Sir C. Roartsitox was of opinion that the facts were
sufficiently established in evidence to call for a decla-
ratory sentence of the Court, which was. that the
marriage in question being without consent of 'aerial
guardian and with an illegitimate minor. was, by the
provision of the Act of Parliament of no validity, sal
therefore the Court pronounced the said marriage null
and void.

On the higher ottl inClused laod about Boston, in
Lincolnshire, which is such as is suited to carrots, an
experiment is about to be wade fur grdwi Is rhubarb
for medical purposes. S•