The Statesman.
London, England, 1821-11-13 00:00:00

donbtecily at the trial the defendant's Counsel bad se
means of shaking the witness's testimony upon the
question of identity, for at that time they could not an-
ticipate what he would venture to state. But now be-
ing prepared with so palpable a contradiction, the jus-
tice of the ease demanded that the defindant should at
least have a new trial.
Mr. Justice HOLROTD having read his notes of the
evidence; which confirmed Mr. Breoghar's statement
of what occurred at the trial,

The Court granted a rule to chew cause.
TUX MOOR' &C. OF faIIZZNROROUGU, V. °ARRINGTON

♦ND OTHERS.
This was a case of considerhble importance to the
free oyster dredgers of Queenborough. The plaintiffs
declared in trespasr as a corporation, created within
the time of legal memory, for breaking and entering
their several fisheries. The defendants pleaded their
right to fish therein as members of a prescriptive car-
poration, before the plaintiffs' charter of incorporation;
and also an ancient usage to fish for their own benefit
is the plaintiffs' fishery. The plaintiffs took issue on
the usage, and denied the immemoriality of the cor-
poration by protestando. At the trial before Mr.
Baron Wood, at the last Assizes for the county of
Kent, it was held that the plaintiffs might give evi-
nce on those pleadings, tp shew that the corporation
was of modern creation, though no issue was taken
thereon. It was also held that the plaintiffs declaring
as the Mayor, Junta, and pailiffs, of Queenborough,
might maintain trespass against the freemen of the
borough, for acts done in violation of their property
in the oyster fishery, and that as such they could not
be considered as tenants ip common ; and it was fur-
ther held, that a corporation may prescribe for a se-
parate fishery granted in an arm of the sea, since the
time of Hen. IL The plaintiffs had a verdict at the
Assizes, and now
Mr. Serjesnt LAWISS 0004 to set aside that ver-
dict, and obtain a new trial; and after bringing the
points above mentioned under consideration,
The Courr were clearly of opinion that they were
well decided at the Assizes, and therefore—Refused the
Rule.

MURRAY V. HUTCHINSON.

This was an action by an innkeeper at Whitebavea,
to recover the amount of his bill for entertaining tbel
friends of the defendant, who attended his father's re-
mains to the '°Tare. The sum detnande4 was 21. Ss.
part of which was composed of a seta of Ss. for spi-
rituous lienors'supplied to the mourners on the melan-
choly occasion. At the trial before Mr. Justice Bay-
ley, at the last Assizes for the county of Cumberland,
the plaintiff recovered only the sum of 11. 155., the
Learned Judge being of opinion that the plaintiff
could not recover the Bs. for the spirits, being con-
trary to the letter of the 24th 0,0.11. c. 40, s. 12,
which declares that no person or persons whatsoever
shall be entitled to maintain any action to recover any
demand on account of the sale of any spirituous li-
quors, mama the debt shall be contracted at one time,
and shall amount to the sum of 20s. Of upwards.
Mr. D. T. JoNze now moved to enter the vei
for, , with a view to costs, and made two po
.
in his house, and charging for the spirituous
drank, was not within the contemplation of the Act,
which clearly bad reference only to retailers of spirits
to the lower orders ; and, 2, that as the spirits were
not supplied to the defendant himself, who was not
present at the funeral, the case was not within the stw-
tote. He brought the case of Jackson v. Attrill ;
Peakes N. P. C. 180. Scott v. Uillmore, 3 Taunt.
226. Spencer v. Smith, 3 Campl. 9. And Gilpin
v. Rendle, Selw. N. P. 71. under the review of the
Court.
The COURT were clearly of opinion that the case
being within the express words as well as spirit of the
Act, the verdict ought nor to be increased.---Rule re-
fused. •

TIE ICING V. NAST ANN CARLILE.
In thrs case Mr. 11. Cowin' obtained time until to-
morrow, I. move for a new trial on behalf of the de•
fendant.

SWATTNIN P. TA PLIN.
This was an action in the case of libel and defame,
tioit—pleas, the general Issue and justification. The
tattoo was tried beim Baron Darrow, at the last As-
signs for Oxford, and a verdict taken for the plaintiff
for SOL
It appeared that the plaintiff was nursery-maid to
the defendant, who is a Magistrate of the county of
Northampton, and that upon her referring to him for a I
character when she Lad left hini and was getting ano-
ther place, be *rote a letter, in which he painted her
as the vilest of women. He concluded by saying that
instances of her misconduct were easily capable of
proof. At the trial he endeavoured to prove these in-
stances of misconduct on the plaintiff's part, but totally
failed. The Jury therefori gave tire verdict against him.
Mr. Caoss moved to set laid the verdict, on the
ironed that malice whit sot proved against the de-
fendant. The Learned Counsel was proceeding with
Me argesrent, wires he was interrupted by the Court,
who said they were summoned to another place.
,The
argument stands over fur to-morrow.
Their Lordships at two o'clock proceeded to the
Coen of Btreberpter, to assist in the choice of Sheriffs
be the wanting year..

A Novi'. Seamusov Orrexcz.—ln the night of
lut Wednesday some evil disposed person
opened the doors of a barn belonging to Mr. John
Catt, fanner, of Westfield, Susses, and let in three va-
luable cart hones to feed on some vilest which the
thresher had cleaned up, and left in a heap on the
barn's floor. Of this the horses ate freely, having, it
Is supposed, conerned about a bushel and a half, after
which they were tomatoes, and the doors of the barn
again closed by some miscreant, aware, no doubt, of
the offsets which the wheat wosid produce on the poor
salsas, who all died on the following day, to the
great Injury and loss of Mr. Ca I.—Quere, in this
uses, what panidoment would follow the conliction of
the offender ? •
" BISa sold them ilk" This is4he wind-up of all
Advertisemeats. When alluding_to the Three
Thirty Thousands of a former Lottery, it was " litsu
sold them all I" and mentioning the Capitals above
2001. drawn last Tuesday week. it was " Bun sold
them all!" In fact, as Bralgroddery says Ii the play.
This —o has got the philosopher's stone," for be
has mid. the only 30,0001. draws this Lottery. sad the
odds are more than urn (as gportimen would my) that
hell bag the ethos tam