ページの画像
PDF
ePub

pany with the deceased, Blundell; in consequence of a letter, witness waited on the deceased, who told him he was mortally wounded; witness told him he was sent by General Taylor to inquire into the circumstances, and requested him to inform him who were the seconds; he replied Hemmings was his second, Gilchrist the other's; be said, that Mr. M'Guire and he had an altercation, but that it was not his wish to meet Mr. M'Guire; he would have settled it, but that he was in a manner compelled; he said several officers had been to him, their names were O Brien, Dillon, and several others: that he did not owe Mr. M'Guire any animosity. It was between four and five in the afternoon when he went down to Blundell, he understood on the same day the duel took place; there were several persons in the room when he went there, but did not particularly observe any one. He went to Blundell for the purpose of collecting the particulars; he told him it was not his intention to have fought if he could have avoided it; that he had the adjutant-general's permission to go to London; that he satended to let the business pass over, and to have got on the halfpay, and that he was going off on that day. O'Brien and Dillon told him, if he did not meet M'Guire he should be discarded. Witness could not learn how the dispute originated.

Henry White was father-in-law to the deceased: saw him on the 10th instant, and was told by him he had received a wound, which he supposed would be mortal; said he was sorry to be seen by him in such a

༣ ་ ད

situation; that it was not his fault; it was a malicious business, that he could not help it, and that he did not wish to fight; that O'Brien and Dillon, and others, had come down to the White Lion the evening before, and he was obliged to do it by the officers he had been conversing with.

Mr. Dillon, in his defence, said, he was not aware of being impli cated in this charge, till yesterday morning; and from the shortness of the notice, he could not procure the witnesses he could have procured, if the time had been longer.

Mr. M'Guire said, he was a native of Ireland, and a stranger to this country that he was challenged by the deceased, and as a gentleman was obliged to accept it.

Mr. Gilchrist said, he was a native of Scotland, and that from the shortness of the time, since the transaction, he had not sufficient time to obtain his witnesses to his character,

Mr. O'Brien, who is a native of Ireland, said there had not been time to acquaint his connections with his situation.

M'Guire received a good character from Captain Davis and the Rev. Mr. Barwis. Mr. Dutch, the surgeon, knows M'Guire; he has borne a very good character. Captain Rayles gave M'Guire a fa vourable character. Lieut. J. Hu, som, of the 89th, had known Mr. Gilchrist since the year 1809; since that period he has borne the best possible character. Dr. Dunlop has known Gilchrist since he has been at the Depot; his conduct and character had been most gentlemanly.

Guilty

Guilty-Death; but respited till the 21st of August.

The sentence was afterwards commuted.

Winchester Summer Assizes. The King v. Bingham.-This was a Special Jury cause. The defendant, who is a clergyman and magistrate at Gosport, was charged with illegally obtaining a licence for a public-house, no such publichouse being in existence, and with stating in the conveyance of such house a false consideration for the same, with intent to defraud the revenue, by evading the additional stamp duty of 101. The case made out by the prosecution was to this effect:-A Mr. William Cooley Sweet. of Gosport, being desirous of selling two houses belonging to him, at Gosport, for 7001. which a Mr. James Cooper was willing to purchase, Mr Cooper had consulted Mr. Bingham as a friend, whether he should give such price, and requested of Mr. Bingham that, if he should purchase them, he would obtain for him a license for one of them as an alehouse. Mr. Bingham dissuaded him from so doing; but afterwards, without the knowledge of Mr. Cooper, and in the name of Mr. Peter Watts, of Gosport (who was the agent of Mr. Bingham), Mr. Bingham purchased those messuages of Mr. Sweet, and the same were therenpon conveyed to Mr. Watts. Mr. Bingham being at that time indebted to Mr. Cooper in 1,5001. did agree to get him an ale-licence, and to sell the property with such licence to him for 2,2001. whereo 2,050). should be the consideration for the houses, and 1501. for the

licence; and that the debt of Mr, Cooper should be in part of the purchase-money, that 1,9001. only, as the purchase-money, should be inserted in the conveyance deed, with intent to defrand the revenue of a part of the stamp-duty; that Mr. Bingham, for carrying such purpose into effect, caused the conveyance deeds to be prepared and executed, and 1,9001. only to be as the considerationinserted money: that Mr. Bingham did get a licence for Mr. Cooper, in the name of Elizabeth Breach, to keep an alehouse by the sign of the Audacious and Revolutionnaire, and which was used at these houses by Mr. Cooper, when they were converted into one house; and. that Mr. Bingham did afterwards cause the debt, wherein he was so indebted to Mr. Cooper, to go and be applied to and in part satisfaction of the purchase-money, and afterwards received the remainder of Mr. Cooper. There were fourteen other counts in the indictment, charging Mr Bingham with the offence in various ways.

Mr. Justice Graham summed up the evidence, and the Jury, after two minutes' delibration, pronounced a verdict Guilty generally; but the Counsel for the prosecution immediately signified they would only take the verdict on the first ten counts of the indictment.

Abstract of the Act for the Appointment of a Vice Chancellor, entitled an Act to facilitate the Administration of Justice.

After stating that, from the increase in the number of appeals and writs of eror, in Parliament, it las become

become expedient that an addititional judge should be appointed, bis Majesty is empowered to appoint, by letters patent, à person, being a barrister of fifteen years standing at least, to be an additional Judge assistant to the Lord High Chancellor, Lord Keeper, or Lords Commissioners for the custody of the Great Seal, in the discharge of their judicial office, by the title of Vice Chancellor of England. Such officer is to have full power to determine all causes in the Court of Chancery, either in law or in equity, as those to whom he is assistant have been accustomed to do; and his decrees shall be of equal validity, subject, however, to the revision of the Lord Chancellor, &c. for the time heing; and his decrees shall not be enrolled till they have been signed by the Lord Chancellor, &c. Further, the Vice Chancellor shall not have power to reverse the decrees or act of the above-named officers, unless authorized by them so to do; or those of the Master of the Rolls. The Vice Chancellor shall sit for the Lord Chancellor, &c. whenever they shall require him so to do; and at such other times as they shall direct, shall sit in a separate Court, whether those officers be sitting

or not.

The Vice Chancellor shall have rank and precedence next to the Master of the Rolls, and shall have a Secretary, Train-bearer, and Usher. He shall be removable by the King, upon an address of both Houses of Parliament.

A sum not exceeding 60,000). of the money belonging to suitors in the Court of Chancery, lying dead in the Bank of England,

shall be taken and placed out on government or parliamentary se curity, the interest of which, to gether with that of monies already placed out for the benefit of suitors in Chancery, shall go towards the payment of the salaries of the Vice Chancellor and his officers, in the proportion of 5,0001. yearly to the Vice Chancellor, 2001. to his Secretary, 100l. to his Train-bearer, and 80l. to his Usher. Power is given to change securities; and it is enacted that if at any time the whole or part of the money so placed out shall be wanted to answer the demands of suitors in Chancery, it shall be called in for that purpose.

An additional sum of 2,5001. yearly out of the fees and emolument received in respect of the custody of the Great Seal by the Lord Chancellor, &c. shall be paid into the Bank of England, and carried to the account of the interest and dividends of the secu rities above-mentioned,

The Vice Chancellor and his officers are prohibited from tak ing any fees in addition to their salaries.

Abtract of an Act for the further Support and Maintenance of Stipendiary Curates.

1. Non-resident incumbent who shall neglect for six months to appoint a curate after the pass ing of this act, or after induction, or the death or removal of a for mer curate, or shall for three months neglect to notify to the bishop the death or resignation of his curate, is to forfeit the benefit of his dispensation from res dence, and be liable to all the penalties for non-residence; and in every

case

case in which no curate shall be nominated, the bishop or ordinary may appoint one.

2. The bishop on licensing a curate shall appoint such salary as is allowed by this act, the amount of which shall be specified in every licence granted; and in case of non-payment, he is authorized to sequester the profits of the benefice to the amount due.

3. He may direct the curate to reside in the parsonage-house of a non-resident incumbent; and if the curate is not required to reside within the parish, the distance of his residence shall not exceed five mikes.

4, 5, and 6, Relate to giving possession of the parsonage-house, and to the registering of licences.

7. The salaries assigned to curates shall be proportioned to the gross annual value of the benefice in the following manner :-The salary shail in no case be less than sol. per annum, or the whole value of the benefice if that be less than SOI.; nor less than 1001. or the whole value of the benefice in parishes the population of which is three hundred persons; nor less than 1201. or the whole value in parishes with a population of five hundred persons; nor less than 1501. or the whole value in parishes with a population of one thousand persons. A proviso that the value of benefices less than 1501. per annum be estimated according to the returns made by the Bishops to the governors of Queen Anne's bonnty.

8. Where the curate's salary is equal to the whole value of the benefice it shall be subject to the charges and outgoings of the same. 9. If an incumbent or perpetual

curate be licensed to serve as curate of another parish, the salary appointed may be less by 30l. per per annum ban required in the above cases, provided it be never less than 501. or the whole value of the benefice.

10. In certain cases where the non-resident is rendered incapable by age, sickness, or the like, smaller salaries may be appointed.

11. The bishop may allow the rector, &c. in certain cases to de duct a limited sum from the cu rate's salary for repairs of the parsonage.

12. The curate to pay the taxes when residing in the parsonage, when his salary is not less than the annual value of the benefice.

13. When the benefice exceeds 4001. clear annual value, the bishop may appoint a salary of 1001. to the curate, though the population be less than three hundred per sons; and a greater salary when the population exceeds five hun dred persons, but not more than an addition of 501.

14. The act not to be retrospec

tive.

All the remaining articles are regulations in particular cases, limitations, &c. The act is declared not to extend to Ireland.

Abstract of the Bill for the East India Company.

Clause I. Declares that the former territorial acquisitions of the Company in India, together with its subsequent acquisitions on the continent of Asia, or in any islands situated to the north of the equator, shall continue in its possession for a further term, to be computed from the 10th of April, 1814.

II. That the exclusive right of trading to China, and of trafficking in tea, as now exercised by the Company, shall be continued to it. III. A proviso that on, the expiration of three years' notice, to be given by Parliament after April 10, 1831, and the payment of the debt from the public to the Company, the said term granted to it, and its exclusive trade, shall cease and be determined.

IV. That nothing in this proviso, or in other acts and charters, shall, however, determine the Corporation of the Company, or prevent it from carrying on a free trade, in common with other subjects.

[ocr errors]

V. Notice in writing signified by the speaker of the House of Commons, to be regarded as a due parliamentary notice.

VI. From April 10, 1814, any of his Majesty's subjects may trade to and from any port within the United Kingdom, to and from all ports within the Company's present limits, China excepted, in ships navigated according to law, subject to the conditions hereafter mentioned.

VII. The navigation act is not to prevent the importation of goods the produce of any places within the charter, China excepted.

VIII. IX. None but the Company, or those whom it may license, shall import tea from any place whatsoever, or export military stores to its possessions.

X. Ships in private trade to the Company's limits shall only clear out from, or import into, such ports of the United Kingdom, as shall be declared fit for the purpose by an order of Council.

XI. Ships in private trade shall

not proceed to any place within the limits of the Company's charter on the continent of Asia, from the river Indus to the town of Malacca inclusive, or to any island within its government lying to the north of the equator, or to the factory of Bencoolen, and its dependencies, without a licence from the the Court of Directors; and no such ship, unless specially authorized, shall proceed to any place within the said limits, except to one or more of the principal settlements of Fort William, Fort St. George, Bombay, and Prince of Wales's Island. The Directors are required to grant licences upon application, to the settlements above-mentioned; and when application is made for a special li cence to other parts, it shall be at the discretion of the Directors whether or not to grant it; but in case of their refusal, they are subject to the controul of the Board of Commissioners for India (Board of Controul), who may oblige them to issue the licence, recording their reasons for so doing.

XII. No ship in private trade shall proceed to any place more to the north than eleven degrees south latitude, and between the 64th and 150th degree of east longitude from London (except the ports within the Company's limits abore. stated), without a licence from the Board of Commissioners, who are to frame rules for granting the same; and in cases not falling under the rules, they are to record the special circumstances under which the licence is granted, and, communicate then to the Direc tors.

XIII. XIV. XV. XVI. No ship in the private trade within the limits

« 前へ次へ »