The Statesman.
London, England, 1820-01-19 00:00:00

.IP.XB.3TLTB 71HT

'repai;-s. a:, 1 which concurrence. It appeared, they migh t
or might a•it refuse. The Spiritual Vein, it seas ad-
mitted, weld nut cotupel a church rate, neither could a
blatitlanut. the absence, therefore, of all remedy at
ttommon law, was the strongest claim which the plaintiff!
could set bp to relief in a Conti of Equity.
It was answered—hy the Cermeti for the defectilauts,
that the plaintiff manly brought about his own wrong,'
fbr it was the law that, as soon as the repairs were pre-
sented, the rate should be made, and the elevation of!
the repairs should he subsequent to levying the rate,
and not made to precede it, u had been publicly doss ia t
this case.
The VICE-CHANCILLOR.—it is plain, upon the whole
of this case, that your prayer must be fur a rate. It is
evident that you cannot he relieved in a Spiritual
Court, nor yet by a -Mandamus. The only way is
which I think you can obtain a remedy is, by praying al
special *goitres against those who concurred is autho-
rising you to proceed with tha repairs, and yet abstained ,
from making their sanction of any validity, by pursuing.'
the course the law directed. It is quite true, that the
sanction of the 'majority of a Vestry bib& I the whole.
You may say, and say truly, that the resolution upon
which von ilisbursed your money, warn the resolution of
the majority ;. but yet, whatever that i.iajority might be,,'
it hail certainly nu power to authorise von to expend'
Your money before the rate is made, the policy of the
law absolutely prohibiting such an act. I am then
obliged to tlisittise this bill, and, I fear, wlthi•costs. •
bf. ei

and shoe-maker, Skinner-street, Saow-hill, was exa-
mined before Mr. Alderman THORP, the sitting Magis-
trate, on a charge of felony, under the following cir.
en moan/TS:—
A pair of ladies' boots, it appeared, had been missed.
teem off a horse in the shop, on Thursday morning last,
,lisder such circumstances as rendered it almost impos-
sible that they could hare been taken away by any other
,person than the prisonor; suspicion, of course, fell upon,
'open her—every inquiry was, nowever, made, previonsly.
rto charging her with the theft, and it was not until Sa-
,tunlay evening that Mr. Miller could hriug his mind
•to take any steps against her, as she had lived some tints
in the family, and bad conducted herself with much pro-
priety. At length, on Saturday night, Worrell, the
officer, was sent for to search her 'box. The boots, how-
ever, were not there, bet the first thing that presented
itself was a very capitally contrived dark-lantern, fully
trimmed ready for action, and appearing to have been;
very lately in use; several duplicates were also disco-
vered, particularly one for three sheets, and another for
two pair of pillow cases, all of which,upon application to
Mr. Fleming, the e)wnbroker, preyed to be Mr. Miller's
property, and bearing his initials.
The prisoner confessed pledging the property, Wl'
said she intended to have redeemed it when she received
her wages, which was ISIL per annum.
Mr. Judder, however, observed, that she hail received
a quarter's wages lung subsequently to the dates of the
at, -tea.
for trial.

tuilicat.
Jr. romst..t•stava.--liet us suppose the vase. so eol3ll:llitted .
thurchwartlena who. as
.all churchwardens are, is Gab( et .114Trom-tiaatota.—lnformation was heard yesterday
to be punished it the chereli is not repaired. Ile Seal +, 4441 Mr. Robert Spike, poulterer to his Majesty, re-
ll Vestry—the Vestry refuse to inactive a vote—the slaihg lg- St. Jansen's-market, charging hint utuler the
ietiOri is is not repaired—what is he to do in that cue? latt Art of Parliament relating to game, for having in
ait Vicii•ctiaatcei.Loa.—The Apirltnal Courtproreed‘ his possession a quantity of game, consisting of ph-a-
shy a citation to this churchwarden. Rut, I believe, the sants, grope, and partridge, which subjected the de-
refusal of the parishioners to repair the churchertisislite feudant to the penalty of 51. per head.
1 WU-lent to mikse his from any • kipirilouti 4,11141110Pri An information was laid at this office a few days ago,
t4nte Spiritual Court je this case can kreoreed to Ace& ' and a warrant was granted by the Magistrate to search
aitunicate con, judjv Of die
:parishioners. With the premises of Mr. Spike: William and Edward Read
1 tegard to arrows is the preskt ease, 1 iiiirleikas in were the Officers dispatched to eneeete the warrant.—
' 'sty power to relieve the plaintiff f them. lint I fear ' Thp °Akers stated that they searched the defendant's
HI cannot. Lett.the pas Auld over fur a itygittitime, amt shop, but could find no gaiste whatever; they procured
I.lf any thing nerur4 to the..Vonn‘el fur the.pbotttil. that a ilott, and searched the lower kitchen, and found ron-
Anighi he likely to °iterate fin his &tar; I Chill be • cesied in a closet or pantry.. twelle head of game, con-
.

SO Uyt
thankful to hearit: •

.. .
slating of pheasants, grouse, and partridges.
eery produced the birds.
Mr. Spike, in his defence, stated, that the birds were
obi his property ; that nine of them were the property
of his Royal Iligaess the Prince Regent, and were sent
by his Royal Ilighnesa's cook to be cleaned and pre-
*red for the spit.
• The Magistrate asked Mr. Spike to bring forward
evidence in proof of his assertion.
A gentleman came tiro ant, and being sworn, said,
miltat he was cook to his Royal Highness the Prince Re-
nt ; he hail seen nine of the hir.ls then produced her
re at Cariton-house; they were sent by him to Mr.'
.to be cleaned sod oiritparml fur cooking. The
! her three birds he knew nothing of.
r The 31agistrate asked Mr. spike to account for having
die other three birds in hi. possession. Mr. Spike iin-
'metliately acknowledged that the three birds were sent
Flo bins to be cleaned by Mr. Torrosend, the police officer,
`rho was generally in attendance on the Royal Findle.
'',Fete Magistrate dismissed the rare as to tfie nine biiils
belon.ring to the Prince Regent, tint told the officers, ifl
ay,Citose, they might proceed In the-charge against'
r apilte for having the three birds belonging to Mr.
*fisend unlaolflilly in his possrssion.
The officers expressed great disinclination to prbeeed
aping a brothel- ofllner, and the case was dismissed.
elsigmaossorou-Sonant.—A.uptad oliaractes, named.
! Grego, *as charged with knocking flows a geollmnatea;
' tint, in Carendish-square, ou Monday night, ant
1 bligr Man Of his watch. - • •• .
e prisoner accosted the liroliecutot, and asked his
"line to a certain street; whilst in convet•sation, he
stitched the mails oiit of the pneket of the latter, and
bide off. •At the lame moment another fellow knocked
tithe prosecutor down, bat he identified the prisoner as
lAe man who stole the watch, and he was fully commit-
pill for trial.
! ROllllElll' AT Tog .tnMIRALTT.
Bow-S•rasr.r.—Yesterday, a man employed in binding
hooks.at the Admiralty, was brought before Riensrtn
flume, Esq. the sitting Magistrate, charged by Mr.
l'hillipson, the Keeper of Records to the Admiralty
Olhiie, with feloniously stealing a large number of log-
books and other official books and papers.
The Magistrate issued a search-warrant to search a
house where the documents were suspected to be depo-
sited.
On the rohhery being diseorert•d yesterday morning.
Aman employed .at the Admiralty as a porter, and sup-
posed to be concerned *Ms the prisoner, absconded.
i •

• r)'s•. ;I

ofh-

COURT OF UAW'S 111111iAliht.1.tx. 17.

. .. .
krlie V (Silting* in Scijeants' Inn .11till: -Al—) .
. . ~. I ..,
BATTLET r. wIII.IOIIM AND AXOTIICR.
111111 was an action of trines, upon the ratio, on pro-
'raise`, to recover the stint of MN. 'owlet-II a foltowing
t•iretini.o.ineest—The plaintiff, residinvin Sonttead, be-
ing co, 1111 l iv.ioneal by a farttv.r iu Fife,:tire to pro: are
for ifiiiils Certain trantiti of spring wheat, urowane in.
1?411 to the defendant. his agent, residing in Loaltqa,
desiring the latter to ship him the wheat ordered. 11144
defendant accorliugly shipped the wheat, wasrantieg
it to be of the-deseriptiltn desired. On delivering &a.
wheat to the Fifeshire farmer. it was sown In thc•tpring,'
in expertetion of i eror in the ensuing :month, Pett it
turned oat that the article delivered was winter- instead
of spring wheat, and the crop wholly Weil. to son-
(sabe
sequence of which the plaintiff was stied in the * •
Courts upon the breach of contract, and after Ave years
litigatiou,•theplaititiff was adjudged-4o pay-the,ston of
.itpta iii ousts and damages. Vor thie sum the present
action was brought, anti the defendant pleaded the Sta-
tute of Limitations. • at the trial before 111; tiller .fiti::
tire, at the lanvlon Sittlegs after last Trittiti Terns, the
plaintiff Was nintenited, the Learned Jade Inshahei alit
the action arts barred by the Statute in 3lichaeltuas
Term hest.
Air. St 41{I ETT obtained-weal* Nisi, for setting aside
shwaseanaCt, anal granter* it, new trial. enniellogidiff".
...40;
Ine tensieesst adieu tlitl„, naa minuend i ! the paintin w
damnified, and consequently that the CAM' did not corm
within the itirani ng of the Statute of ',imitating:l. -,
Mr. Mammas.? and 31r. F. Pottore new showed
cense against the rale, arid contended that the cause of
rattan aeon itnnie,liately on the breach of enutraet by
the defendant, and cuneequatly that the Statute of Liiiiis
nations operated. 1
Mr. Setiti.err and Mr. Tistnak. were heard on the
other side, and
'rite Corer were unanirnonsly of opinion, after refer-'
ring to the express words of the statute, the' the rause 1
of action having accrued immediately after the delivery'
oldie wheat, it was Wu late on the part of the plaintiff
so.wait mail the snit against him in the Court of Session
was deteriained, before he brought this action, and
consequently that he was without remedy.
Itule discharged.
1
There was ire Ow eget worth owptioning.
r , _ . -

18.