The Statesman.
London, England, 1818-11-19 00:00:00

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COURT OF KING-4 BENCH, Nov. 18.
RLLLUCK u. norms.
The COURT interrupted Mr. Mo (tiling in his reply,
by stating that he need not IThour tl.e point as to
chose: in &ion vesting in the Cr•own.uoder the ward
cataila, in the Statute of Edward' 11. • Such-properq
vas always taken under an ePiteßt., though not undo,
a Fi. F.. It was therefore too late to argue thaksuch
. words as bona et cutalist did not pass ektises in action
accruing before attainder; he might proceed to argil*
the point as to closes accruing after attainder. Mr!
/IANNING then cited several authorities to sho* that
ench property vested in the Crown by relation (1 Le.
vine S. Noy, 143.); ensl if the Court should thiek
that an office was necessary, the plea in the present
instance amounted to an °dice. In, cases where such
a doctrine had been disputed, the plea.. had been bad.
Staunford 60. a. was an authority that a confession
jra plea was tantamount to an office found.
The Court postponed judgment.
REX 0.-DEBERRAM.

Mr. NOT, tr 4 argued in support of an order of Sea-
lions, tuuthing a 'settlement.- -?rbe ttnestiow was,
• it bether the books of a parish. ',could be evidence of a
certificate entered in them, against third persona ;1
which, on the authority of several cnsei, Mr. Nolan
'contended it could TIM. The 421 Ceo. 111. c.
'wide perish beef's' evidence of.apprentice indentures,
when properly entered ; bat if the evidence oowcww.
ientled for could be admitted; such an enactment war
'memory.- It appeared, too, that the parish hooks
had not been duly authenticated under the hands of
the nveyseers. The principal casp cited was the Lard
Mayni of London t. Lynn, U. iit 214.
Mr..ScAntryt o the other side, said, that if this
111iittlace vt'te refo,ed, no other could be brought,
certiOcate isett having been Inst. He argued,
nesket.the books tit I parish were a Sort of public do.
~.'eutnent, end could nut be likened to a private hook.
•jo the present instant*, too, it had •been the usual
..•
pi, course Of the parish to make entries of this descrip-
.; Sion io the parish books, so that there could ho no
ground for supposing them entered with en interested
sie.e. The book was not bronght to prove the
•whis.lecase, but only to confirm imperfect evidence.'
The COURT, after espressing its sense of the im-
portance of the rules-of evirleree, and its unwilling.
aies3 ro infringe on those rules, and stating that this
was tte'vely coc.tattrin.shiett:A-=iionol r; stem of
*iiderace ',listed, held, that dr/ bitok in question
could not,. tiotler titrcircountapCes, be givers in evi..

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• , -77514..Wir ••,-

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-TenCite'tre parties making the entri ib es in e book
being interested in those entries.
NEW STREET ACT.
Mr. CHITTY moved for a rule to show cause why
a nAs, Writ of Mandamus should aotissoe, directed
tp the,Commissiciners solder the 52(1 Gee. 111.. foe
making the new street from Carlton.bouse to the Re-
.genra-park, commanding them to issue their war-
rant to the 110 liailiirot Westminster, to impanel
'a Jar', if_ aqui', into and assess the, damage*
doe to the pccopsfit of a hosicira Picadltly, in the
'line. of the • new. street, whose premises wore ;Diana
'in coniequeoci of their Proximity to a house giikew
down for the purposb'of ciivrying the Act into eaece'
lien. The retuned' Crisinie) stated, that the rade•
vits*on witicii- he made bitiOrition, complained that
"the applicant's hooey, furniture, end premises were
materially injured in consequence of the raising of a
house immediately next door; that he had applied to
the Commissioners to grant him compensation, but
they had repeatedly refused so to do, notwithstand-
ling the provisions of the New Street Act, which con•
tallied a clause in favour of persons who might be in-
jured by reason of their vicinity Wale new strgetl
when made in pursuance of the Act.
The COURT being satisfied that the case presented
to them v•lisheti the words of the clause in question,
granted t rule to show cause.

COURT OF COMMON PLEAS. NOT. 18.
ALLEN V. WALREGRATE AND OTHERS.

The Plaintiff had contracted with the Justices of
Bedfordshire fur building a bridge over the Ouse.—
The m, nay %gas to be advanced by instalmentt. They
hid failed to advance two instalm.ints of 8001. and
6001. The Plaintiff, in consequence, brought his
action against the live agendatits, who had been
elected Ivy the other Justi-es to superintend the build.
ing. The case oat now argued upon a demurrer,
that the Magistrates were not personally Gable.
Mr. Serjeant IRLO.SET areaed for the demurrer,
that the Act of Parliament distinctly provided, that
every action and defence on the subject should be in
the name of the Cl•irk of the Peace.

Mr. Serjeatit Coriiv, for the Plaintiff, argued,
that the Act only 1444. • that the party may bring hi%
action against the Clark of the Peace, and, therefore,
that it was not eeclaaisely binding to tiring the ac-
tion against him. The Defendants !Ad been tho
contracting party do the oar Ade, aid 'therefore bound
to perform their part. The action arose, not from
the Act of Parliament, but from contract.

The Can EV JUGTICE was of opinion. Mat, not only
from the terms of tee Act,but from the genera l princi-
ple and propriety 4f the law, the action khould have
been brought sgaislat the Clerk of the Peace, who
had a regmlar mod.s of indemnification pointed out)
while the. Justices Isod none.
Judgment for the. Defendants.
rOTUERGILL 0. WALTON•

This was an seism upon a charter party.—The
Plaintiff, as it was alleged by the Cannel fur i the
Defendant,. was employetflo• go to Heititideittrace,s
in order to take front) thence six pipes of brandy to
Tercert, sod to britig home a cargo of fruit. But
site Plaintiff took his ship direct to Tersera, and
bang onahle to obtoita firm the person to whom he
wkeiaireettid to appin any cargo of fruit, he return'
id to &glint WM:odt it. The Defendant therefore
refused to pay him the (might, and for the recovery
of ills freight the action was (nought.
Upon the trial of the action it was contended, that
010IP %sere toe distinct covenants, and that although
the Plainvitf, had opt gone to Ilavre-de.Grace he was
entitled to his freight for the voyage to Tersera ; and
the ittry concurring in this opinion, a verdict was
friend
.actordinglic •That verdict the Court, after
hearing Coutr.el tri.day, declined to distort), con.
ikeitive:thattlbere were two distinct covenants, and
thatit was absurd to suppose it could he necessary to
take sin pipes of brandy to Tersera in order to oh.
tarn a cargooffruit. The Court concluded with ob.
serving, that if the Defendant felt himself aggrieved,
it was open to him to bring an action against the
Plaintiff for breach of covenant in not proceeding to
liavre.de.Grace.—Rule refused.

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S'fArIIESNA;*".

POLICE.

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*MAR- LBOROVGII-STREET---Sotah Bull, sgrvent t 0
--- Cochrane, Esq. of Westbourne-green, Padding.
•toti, was charged with robbing her Master to I eon-
siderablesmount.—The Prosecutor had been robbed
foka length of tim,and a watchumu being suspected.
he was discharged, and his wife, who was laundress
'to theiacnily, lost'hir.einployment also. .At length
it whireictrtained that the Prisoner, who was em-
ployed's, a laundress at the Prosecutor's bruise, hid
pledged a men's shirt, and on being taken she wes
laearched by Coates, a Mary-le-bonne constable,
who found a alone full of duplicates concealed about
her person, most of which led to the property stolen
''from Mr. Cochrane.—The Prisoner was remanded.
' • HATTON- CiAnDEN.—Yeatentay, J. Murray, an
Irish labourer, was brought op on suspicion of mur-
dering his new•born child. A constable in the neigh.
hourhood of Saffron-hill, where the Prisoner lodged,
having heard that a new-born child had been mur.
tiered, and buried in the cellar, went there, and
I found in one corner the earth as if newly turned up.
On digging to the depth• of two feet, he found the
body of the child; and learning tint the Prisoner's
wife had been recently delivered, set a guard en her,
and took her besband. The poor fellow in his de.'
fence said, not his wife had beep delivered of a still-
' born child, which the Doctor could Testify. That
(he being a Catholic) it was. not oval 'far them to
bury still-born children in consecrated ground, and
therefore he had deposited it in, the cellar. The Ac-
touchear, whoarteuded Murray's wife having proved
that he delivered her of a child which died a few
minutes after its birth, the poor fellow was immedi-
ately discharged.
I,Amasni-svesetes—Yesterday James Dowline,
a weaver, preferred an irtformst' againet ilte OW.
liens Byrne,. a. master silk-weaver, its:Turk• street,
Spital.fiettia, for prising less wages SreJames (Am.
bees, a jorirtreymert weaver, i hots were allowed by
the 13th of Ge. 111. c. 48 which enacts a penalty
•elibtas. to "loch rases. 11 appeared in evidence, that
this pe,porlant had given 'sir inure than srl for work
whioleougt.t to have been 'enumerated at Is. 3d. per
yard. Defendant was convicto4 le the penalty of
50!. *hive goes to the Weavers' Company, and will
- be distribeted amongst the unemployed or distressed.
Ustrase.user..— An indescribable seems of credo.
fusion anti riut ecr.urred on Tuesday night in the Bo-
rough, occasioned by the following circumstances:—
Between four anti .6se o'clock on Sunday morn-
ing. a chaise.cirt, driven by one man, and followed
on foot by four or five others, was observed by
Wilkinaoni the night consohle of St. Saviour's, and
one of his assistants, proceeding along St. 'Dimas's-
street, Southwark. Suspecting that something wrong
was going on, they attempted to stop the horse, for
the purpose of searching the cart; but were pre.
vented from succeeding in their intention by the men
on foot, who jostled against them,, and by forcible
means prevented their near approach to the vehicle.
The party at lest stopped in front of St. Thomas's
Hospital, and three sacks, conteluing something of
a bulky appearance, were conveyed from the cart
into the Ilospital,, by the driver and the five men
who had followed on font' Anil :immediately after-
wards the whole petty drove, off in a hasty manner.
.she nigh! constable, on the following dry, stated
la- several respectable inhabitants of St. Thomas's
what had occurred ; anti a report circulated through
:the Borough that extensive depredations had beets
committed in some adjacent burial-ground. Upon
there particular enquiry it was ascertained that the
body cf a Miss M—, which was interred on
the 7th instant, bad been turn from the grave: the
friends and relatives of the deceased, together with
the friends of ttel4lllltother persons who had been re-
cently interred in the burial-ground contiguous to
Ilsrpea's Chapel, .I.ondou.road, proceeded to that
fleet on Tuesday evening, attended by several toe-
otaides,anditemediately commenced opening the graves
of those persons who had been recently interred, and
its the space of a few minutes four coffins were dug
•op and found to contain nothing hut stones end dirt.
The horror and indignation felt by the with' ing re-
latives and friends of the persons thus dragged from
their place of rest cannot be described. A vast crowd
of persons.had assembled to witness the proceedings,
end execrations horst from the lips of every itidisi.
deal, and curses were denounced upon the beads of
those who had unfeelingly 'littered, for interested
purposes, the mansions of the dent!. The whole
neighbourhood became alarmed; husbands implored
the constables to search and ascertain whether their
wives had been removed ; wives for their husbands,
Mid parents for their children, made the same appli-
cation, and a scene of confusion ensued which battles
ill description. it was at last determined that au
application should be mule to the Magistrates upon
~the subject : a cart wits procured, the empty coffins
were placed upon it, in such a manner as to be most
eoespiciroo• to the public ,iew, lighted torches were
[held by some of the party, and followed by upwards
ail a thousand persons, the friends of the disinterred
.IProreartied to make their complaint to the Magistrates
at Urlion.hell. There being no person in custody,
, dor any particular person pointed out as the offender;l
the Magistrate could only join his regret to that of
the-Complainants without being able to redress
the.grievauce. It was finally arranged that enquiries I
alitsuld be made, and that the subject should be again '
brought under consideration at an early day. The
coffins were deeerited i;i the Office.
ROBBERY BY A St‘ EEP.
Gutuntat.L.—William Davis. to tinnily fellow of sixteen. watt
'on Wednesday charged with robbing the boast. of Mr. Kiev. at,
the Castle and Falcon, Alderwite-street, of a amber at Snores
and forks. The charge arose in a singular way. out of the dm-
covers of a theft, committed by the Prisoner upon hi+ employer,
'Mr. Kermit, the master chimney sweep, of Haggis I ne
Mr. ,Kernot said:that having reason to sop Lowe Said ihe Prisoner
was in the constant habit of carrying away quantities of soot
(an article of considerable salter, particularly for manure), and
disposing of it, be set a watch 'Ton his filmdom. and marked hi
sacks fur the purpose of identity. Oa Tuesday he left the Pri-
soner in one of the cellars. at such a time as be thoulht he might:
'.arrow his practices, and having procured an officer they waited
at a short distance outside the house. t o a few moments the
Prisoner approached. wish a sack upon hi. back, and was
stocked. He said it was but a load of tinders, which he.
wit. •• privileg-d to lake by professmo." The sack, how-
ever. being examined, proved to coniaiti mithing bestsool
14e quantity tieing at lent worth seven shillin,:s. Bringchargek
With other thefts, he denied them ; but the officer demanding the,
keys of his boxes, the latter were searched and considerable
iseoperty consul. This consisted of attlokt.every portable article
which might be ex peeled to be found lying alum' a house, via.
-eraser, larks, lines). handkerchiefs, keys. bummer?, 'admit
ether instruments anddivers articles. A pair of Irand.colltwere
who :timid, the key of which (vetted his own chest, nod was cal-
'totaled to °pm; various locks.
Mr. Kay said, the knives and forks (sir mil) found in the.l