The Statesman.
London, England, 1818-11-17 00:00:00

'IL .41

t)
.• consequ. very _ _.,. indisposition M. cIKII me order en ontieire.
iosa. . Omer
cite Lord Chadeesbr, the business of this C6drt was Aileen gelid steal of discussion, it Ares at lest or.
necessarily put off.-41is Lordship was quite ontble detects art the Petition staaid traraili Mbnalay *met,
and that in the mean time Rowle Infidel& affidavit of
to leave his private room in Bedford.square, and
all the iecumbrances on the lows ad. the mien since
that there is very little hope of his being able this
week, at least before Thursday, of resuming his ar- 11113 r Troltru. .F, I I
&loos duties as Chancellor. On Sunday his Lordship nelelleteer . • - , :
laboured owlet excessive pain, so much so as toes. C1)11flgT QE
ILING'AI BUNCH. Nov. 16. .-
sierra.
itt,,w A!110 41/Tll 114.14 WAY CANAL COmPAHY. •
oho much uneasiness among his friends, but he en-
dued all with the
.__ utmost firmness. air. •i AUSITON mnyell for a Mandamus spiel*
--orme-- • thWebove Company, to compel them to repair, lilt&
VICE.CIIANCELLOR'S COURT, Nov. 16.
again lay down, a certain tram-road they bad itife•
fared to become out of repair. By Act of Parlia.
EX-PARTE ROWE, IN THE MkTTER OW koWIL meet they were ordered to lay down certain roads,
In 1813, a Commission of Bankruptcy bad been from the Forest of Dean to the river Wye. In con.
taken oat aphis( Wilkinson ; and Rowe stated him.
sequence of their having laid does oue of these roads
self to be a creditor for 0001. &Aria, an agent for in a certairkdirestion, several Gentlemen had laid oat
Bowe, had been appointed assignee on the bankrupt
inimeriae sems of money in opening collieries sew
estate, through the iolluence of Rowe. In 1816, a the said raid; when the Committee of the. Compley
Petition had been presented to the Court, on behalf (nearly the whole of which consisted of proprietors
of the other creditors, praying that Brodrick might
of other collieries) suffered the road in quest,
for ion to
be removed from being an assignee, that a new es•
signee might be appointed, and that Rowe might fall into disrepair, and refused to renew it, the
have Do concern in the appointment. Another Pe. purpose of preventing competition in the coal-market.
Some of them had given other reasons for their re.
tition had been presented in behalf of Wilkinson, fusel; but one openly avowed his intention to de•
praying that the claims of Rowe milli/ be invest,-
gated ; and that the Court would allied him press any rival in the trade. By the Act of Perlis.
relief in Input, they had no authon • take up any road
authority to
a transaction which had taken place between him and
ad
Rowe, respecting the lease of a mine. On these
41)" fter they had once The Cosine granted a rule t constructe o
it.
show cease.
pliciations the Court had ordered that two special as.
signees should he appointed, and that the Commis. MANDAMUS,
Mr. A4ARRTAT moved, on the part of the Over.
sioners should be empowered to examine Rowe and seers of the Poor of Gravesend, for a rule to show
Brodrick, in order to ascertain the amount of the cause why • Mandamus should not be directed to the
debt due to Rowe.
Mayor and Aldermen, ordering them to proceed to
Mr. Rose now presented a Petition from the crp. the collection of the Poor's Rate. The Learned.
ditora, preying that the order of the Commissioners Counsel said, that, of 14001 of arrears of Poor's
be confirmed ; that the claim of Rowe be reduced Rate, but 401. had been collected, which was only
from 9001. to 5001's agreeably to the eet""te of seticient for the support of the poor for a single
the Commissioners;. that I3rndrirk be discharged week, while the officers were hundreds of pounds
from being an assignee under the Commission ; that out of pearl,
Rowe he nrdered to deliver up to the Petitioners the Mr. Mooua slated, that the Mayor and Aldermen
deed of assignment, by which he obtained the lease were most micros to do what was right, and would
of the mine from Wilkinson, in 1813 ; and that he be be guided by the advice of the Court.
ordered to account to the Peti'in"e" for the receipts Mr. ‘Jastice 13ATLEY intimated an opinion, that
of the mine since that time. IC was alleged, that those who neglected to collect the Rate, might, when
Rowe had forcibly and fraudulently obtained posse°. the period,espired to which their remaining in office
slots of this lease, which was said to be in the
~,,e1 limited, be debited for the sum then sit...
seine of Wilkinson. •Thwiatter being in 'mini., mending.
rooted circumstances, bad frequently to apply' to • The Curse JUSTICE staled, that such neglect *as
Rowe for assistance, and Rowe bad several times clearly a misdemeanor.—Rule granted.
advanced him sums of money. Rowe had long IMAM AND OTHERS V. !AMICK AND OTHERS.
urged him to make over the lease of the mine to him, This was a ease of ejectment, and was tried, at the
and in 1813 he consented. Krum led, to take 0140 .Wswatiek Anises,- before Mt. Justice Borrongb,.
step from his ignorance of the Table of the concerns when a verdict was found for the Defendants. The
with regard to which he had been deceived by Ruwe Defendants had, it appeared, ever since the year
stud Brodrick, who, on Rowe's recommendation,, inks, proceeded to work a coal mine on the follow.
lad been appointed superinteudent of the mine. The log terms :—On giving doe notice to the Plaintiffs
deed of assignment had been signed by Wilkinson, they were allowed to take an acre of land, yearly, at
and the creditors were enable to discover where the *certain price, until, acting on a species of aritlime.
lease was. The Commissioners reported, that Rollo, deal progression, they paid for the last acre 2251.
-in his examination before them, had been (eery °Y-- 'per minuet. The cease of complaint was, that they
'prevaricati• n, and that his evidence was not worthy had, without giving the proper notice, dug ender a,
of credit. It was also said, that Bred! ick's evidence certain Cote, or piece of land, called the Paddock,
was at variance with his former 'depositions ; that the containing, in fact, moreahern one acre. It was con.
vbankrupt had not been piety of fraud; and that the tended, on the other side, that, though no regular
leaite of the mine was the bankrupt's.
t *otice was given, yet the Plaintiffs were perfeatly
The VICE-CHANcELLOR said, that the Petition, es
I aware of the fact, that the Defendents were at work
to the consideration of Rove?, lease of the mine, was on this piece of ground, as they had repeatedly /l-
oot regular, because that paint was not reserved in sited it, mod must have seen it covered with swag—
the former order. The Court had ordered a meeting second, that although the extent of the piece of land
'elf the Commissioners, and the appointment of two wes not mentioned, yet it was perfectly well keens
;special assignee,. IVith regard to the debt due to —and third, that the right teethe land in question
Rowe, the Court lied ordered the Commissioners to was vested in the Defendeut, Parker. The land, it
enquire into it : they have done an, and now their appeared, originally belonged to three co.heiressee,
report comes to be considered. 'Dos Petition, how.. one of whom had married Benjamin Parker, the D'e•
ever, goes on stibslantively, to request the Court to fendent's brother. He tied died, and Defendant in.
I consider the claim of Rowe to a mine, and this re- slated, that all his brother's rights devolved to him.—
.quest is founded on the certificate of the Commis. Mrs:Parker, however, thought differently, and watts
sinners. The Commissioners had no right to certify Plaintiff its the present action.
on that subject, because they were not authorised by On a former day Mr. Datnecx`e obtained a rule to
the Court ; and he could not, therefore, look at their show cause why the verdict should not be set aside,
certificate. lie was hound, however, to look at the and a new trial granted.
examination~ of the Commissioners if they were re- Against this rule Mr. TAUNTON and Mr. WINTER
gvlarly brought before him. were this day beard—and Mr. PULLER in support
Mr. Morreefu, for Mr. Rowe, objected to the of it.
reading of the examinations. His Client had beets The Costal. deemed it necessary that a new trial
excluded from the room while Brodrick was esa. should be granted its this case, itt Order that certain
mined, and be had not been furnished with a copy, points should be settled by a Jury.. One of these
consequently 'he was not prepared to discuss them.— points was, whether it bad been the practice, tine*
With regard CO the mine, a gross misstatement of the year 1790. for the Defendants, or those whom
fact had been made. 'five truth nasi that the Leese they employed, to it iv e
_information of any kind to
of the mine was Rowe's, awl that Wilkinson had tire owner* of the sfficlis to the Patent i f any stir.
been trustee on the mine for Rowe. face they intended to work. The Court bedeeed that
r VICE-CHANCELLOR —From what you have said there had been such a notice—bet the G•,satiessen at
about the examinations, I cannot even proceed to the Bar differed with respect to the evidence of Mr.
trier them, at least not that of Brodrick, since your Wright, the principal witness.—Rule made absolute.
Client has not been served with a copy. --atallem.....
Mr. Rosa denied his intention of bringing forward, . COURT OF COMMON PLEAS. Nor. 16.
as evidence against Rowe, depositions which had The Court was occupied till after twelve o'clock in
been taken behind his back. There was no doubt heating bail justified,
that the mine Was the legal property of Wilkinson. BRPACH OF PROMISE OF MARRIAGE.
Mr. MoirrAnw complained of the manner in which . HARMIAM v. CAUsTON.
hat in this case,
his Client had been treated by the Commissioners.-- - Mr. Serjeant Corrmenttobtd, 1 .
When called before them, he tendered, as evidence, after reference to the Chief Justice, who had prestd.
a letter )',rom himself (Rowe) to Wilkinson, which ed at the trial, for it had been tried in Hertford, at
he wished to be inserted in the evidence; but the the last Assizes, by.a most respectable Special Jerfs
Comnvissioners refused to insert it in that part where and after full consideration of all the circumstances,
alone it could be of consequence. They freqeently they felt no disposition to recede from the verdict of
interrupted him, and when they bad perplexed him the Jury. He bad not been aware that his brother;
_with impertinent questions, about the number of his •
Serjeant Teddy had obtiined a' role till notice was
uncles, aunts, &c. they accused him of prevavicatine. served. lie was surprimAt to find that the relearn,
2
• f • the Court egards only debts and founded, not upon ate affidavit, but upon the record.'
The question be ore r
costs. The Court is not by an order to dispose of Ott 3EP -VITICE said, that brother Teddy had men-
property worth 60,0001. for which Wilkinson dots tioned the case as shortly as it was possible.
not pretend to have ',repaid a ferthing. Mr. Serjeant TARDY, who had c tme into Court in
The Vice•Ce MICELI.° a recounweeded that the Pe. the mean time, sled
it no* v
/that he had conceived
tition should stand over generally,and that the Master it to be the less necessary to detail all the circum.
should esquire windier Wiikioson was Unstee for 'snort's, is the
prectiedtogi and documents Were
no we's leash. published on the Other Otte!
' ' ,



contents.
Mr. justice Pitt.-11 betel", entered in my note°
book thes—" Role giestellrwilit the special View of
a mutual comprotnhe.'l/4,J"
Cello Joirrica.—Thlrenly question fi the evatsint
lAs damages, 40001. Thu law sets, if a int
snot pay in his parses be must pay in bib potion.
If, however, a misrepresentation had brewl gives of
the Dofendant's wealth, which misled the ;tory, that
might be'st good retain 'for a new WA. There *RS
Ito affi,lavit by a certain person, he should say no
More at present of hies, which declared his property
to he 9.001. a year in land. lie had no &tint that it
Was a gross case on the part of the Defendant.
Mr. Serjeant TATIDT agreed to take his rule be the
Defendant's Math. ' •ti
cioooctitte'o. tomtit*.
"• This case 'was tried !wrote -a Jury. The Chief
heltke presided. The Plaintiff is a glass-overcent
in London. The Defendant is Master of the Jimee
end Archibald, a regular trader from the Dumbeitors
Glass Company to London. The Plaintiff had last
leer received 30 crates of crriwn-glass, a consider.
`able part of which 'Wks ih i dilnegcd state. All"tho
glees on board belonging to Others was quite We.
'The action Was- brought to recover the damages,
I'Which was aftOrteards igreed to be 101. from the
Master, on the ground that the damage *as owink to
his negligence, in having Mon pigs insipid of sand
for ballast. erehl 'witnesses*Were called on bouts
sides, but their evidence was beside the case. No
evidence was offered of the snifter of stowage ; 'pig
iron was proved to he is common as sand in that
trade; no evidence whatever of negligence Outd,
flirt of the Master was offered.—Verdict 'fir the De-
fondant.
COURT OF ExcirEOEß. Nov. 16.
LEWES V. MORGASt.
After the motions of the day had been gone through.
Mr. Iltouninor (late the Plaintiff's solicitor) rots
'to Claim their' Lordships' Indulgence, in allowing
him to make a few observations on the statement of
this cause in the Newspapers of Saturday last, wherea
by it appeared that Sir Watkin had attriboted to the
millrace of his Solicitors (Messrs. Rontledge end
Heidi) an attachment having issued against him for
not speller putting in his•answer to the Defendant's
literregatorles.
.Mr. Baron GARROW.—This Court has nothing to
delloith Newspaper reports; we cannot interfere.
Mr. Baron GkARAIL—We rim listen to no appli-
cation which does not come before us on affidavit.
Mr. RourLEDQE.—I am ready to, prove to your
Lordships that no negligence or blame is attributable
to myself or partner; and, therefore willingly scolds
to your Lordships 4 proposition. •"
Barnes GIiAUAM and Gsenow.l--Thif Cowl ha.
nothing to do with the statements tin Newspapers;
your only redress is by an action for calumny.
Mr. Itouvractos —My Lords, I have no alight•
live feeling to gratify ; my sole object is Ao correct
any imputations on our professional chummier: 0o
'the minds of your Lordships and the Ptak;

• . '

IRELAND.
COURT OF COMMON PLEAS, Nov. it.
BREACH OF PROM['
lIIAIRT ET CATLA,
Mr. DootrERTY moc
lendint, who had been
Plaintiff, ander a writ
to special bail. The PL
'the lived at 32, Upper
square, in the parish
Middlesex; that in thv
entered into an greens(
Deponent, and never
woman, or on breach
Deponeut the sum of .
since married another.
Could not now fulfil his ,ag
and was therefore indibled ti
50001. This easel it
sappes
has lain over ainciOctobOr-
/fr. O'CoNNELL conr
did milaver any 'Mutat
derstion, it was 00.M01
,
agreement ; for a met* pi
soy consideratiin on th(
tutu, and no agreimer
.
grounds for party
thir;;Mr. O'COnnell rehietr,
Meg ifildavit only stated,
marry her at a /alai(
thb Obese period.
thletsaine 'Harriet
Viandwidow, an is now a
M4lllemiira; how; net
some futoie perfod be may become Is
be at lib•rty to marry her? and if there was
specified at which thii 50601. was to fall di
Conigthey say it "Wks due now?
It waiargiod by Mr. DOOMERTY, in reply to thew
objections. that with respect to want of considers.
tion, the Courts generally idferreil a mutuality 'of
promise in cases of promise of marriige s that where
there was no time specifically mentioned for the (el,
filment of an agreement, a ternisonabke fjpie.iive
usailly presumed ; and fiet?efaectOott priarise,
by
.the Defendant, conl4.not noir im„Pswied.yEithita
50(.4 rissoqa file fin*, he. living Mar. ded :epitther
woman, hi (Mi.. tlegkeityl hopf4,om,P.Aftw.°4o4
allow his motion.. el'-41. - •
On Mr. O'CO'Nutt.t.'s complaintng of lb, 110.0,0ta
of kept i Mr. Wilaman.l9 grisonA .
•
•


Per,

•
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,a, L4W INTE&LWENC44,4 ',ll tat ~ , wit•4olllS•Tifiqs--lemsto pro woorigateas on Rotsts'a , Pc..Sedetnt COPLEY.—Not by no.
be 1 (.1.,_141 JO VOILA 00 •/ lel'''. -10 11,.7,11 - ' ' Mr. Serjeant Tibvir.7,-,-1 mesa boty that they lrnrill
4,1., .
he "COURT.OF CH Af44CE.ItY, Nov. 16.' Vion.CiLlasollsoj...lf tbern are nvOrtgagees con. published not by us, for we pbsessed not the do*
in-
In consequence of the very severe indisposition bi• mood, 'Owl tiussnot even order en onqUiry., cumenfs.
lb. Lord Cherieptthr_ th• An cinema . raf this rilri pi ..r.. After • asist Le I J elitsw.....t.. :it ....... .• I.L.‘ ..-

• •
IROMI'iE OF MARRIAGE. 1
OW, a. RICHARD MINAMARAtjki.
loved io show cause why the 11%.
,en arrested at the suit-4116
rit for 50001. should tint be h Id
Plaintiff's sM.lstit stativd, thsrlt.
pper Oeorge.sureet,
.Brysnstdp..
It of Mary-104)On,, county
yof
the year 18111.,.:the tieleadent
talent under liii WOO Air
r live or cohabit with ail Ittqr.
ch of such promise, to
)f ,
Atis; ) . that
her.
..woroait , and illiald
I blsfigreenleni with :FA .
idebied tower irilhe 'eV le of
it iippealhx. thotiiir
.t op,
A
.0...,...5. .• ~-, .
:on t "OA ~.that as 'IA alptsit
,eall9, or pronilst.2*.r of Sri it.
~ . promise, tti_ f; .
stare then a Lms Nr, •R
4.o;iiii!ise os oritti.4l4iithestat
i thiother, is but a rtyrifitii Oai•
merit.. and *therefore 'intitillisr;:ilt
Y ie be held 'tg hail ; ead%fir.
I observed, that the Plair!tigita
ted, that- tbeOeten4aat agi'iresi
Isis -bees,. • but (loot tit !MA*
`a Soar," said Mr. O'Oonapli,
Caili, had been toil-sled 'herself,
D
and 'it liberty to marry Ali.
herefore, can, she say but that at
le mu, become a widower, and
y her ? and if there wacia Aims
ii 50(r01. was to fall aii, how
• 1