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DIONMÖUTBSIIIRE. MONMOUTH BOROUGH COURT. The Court for the trial of Causes, which by a very ancient Charter was granted to this Borough, and which has (alien into disuse for nearly half a century, has been recently restored, and two actions were tried on Monday last. There has been some difference of opinion among the inhabitants as to the benefits likely to result to the town from the re-establishmeut of this Court. The long-experienced want of some cheaper and more expediiious mode of recovering their debts than by a resort to the processes of the superior Courts, has led many of the tradesmen to hope that that want will no longer exist • whilst, on the other hand, the manifest disadvantages of a small local juiisdiction, and the unfitness of such tribunals for the present state of commercial affairs, create doubts of its bene- ficial tendency. The experiment, however, is now likely to be fairly tried, and we sincerely wish it may succeed. Subjoined is a condensed report of the two actions decided on Monday. Keddle v H'atkins. This action was brought for the recovery of 51. 8s. for twelve bushels of malt de- livered by plaintiff to defendant in May last. It appeared tiom the evidence that the defendant, im- mediately upon receiving the malt used a part of it., notwithstanding be was then told it was of inferior quality. The defence principally relied on was in shewing that the goods were really so very bad as to be of no value. A sample of malt of very in- different quality Was produced but the witness who produced it, not haviii"- taken it from the bulk himself, there was no positive proof of its identity. p Two witnesses were called on the part of the plain- tiff to prove that laro-e quantities of the same mall had been sent to them" which had proved good and for which they had paid the plaintiff- Mr. Owen, attorney for the defendant, was about to address the jury when Mr. Ives, the plaintiff's attorney, submitted to the court that there was no defence to the action, inasmuch as the defendant was aware of the quality of the goods when he received them, and had used a part of them that he had never rescinded the contract by giving "oticeto the plaintiff, although he had sufficient opportunity to have done so. The following cases were then cited by Mr. Ives :-Okell v. Smith, 1 Starkie, 107 Ross on Con- racts p. 336 Grimaldi v. White, 4 Espinasse, p. 95 Bluett v. Osborne, 1 Starkie, p. 381. The Court agree- ing in opinion with Mr. Ives, directed the jury to find a verdict for the plaintiff, for the amount sought to be recovered. Parry v. Vigors.- This was an action of trover, brought to recover 5s. 9J. being the value of three feeding pens (otherwise old tea-chests) delivered by plaintiff to defendant, and which the latter had re- fused to give up. Mr. Owen, for the plaintiff, called witnesses to prove that the articles were the property of the plaintiff, and that they were delivered to the defendant, and that a demand had been made to the defendant to de- liver up the pens, which he abruptly refused, saying he would be d- d if he would. Mr. Griffiths, for defendant, cross-examined plain- tiff's witnesses, and endeavoured to prove a partner- ship between the belligerents, but failed in doing so. A receipt was then put in, to shew that, at the set- tlement of a former action (brought by the present plaintiff against the now deieudaut) the defendant asked the piaintifi if he had any other demaud upon him, which was answered in the negative. Upon cross-examination of defendant's witnesses, it turned out that the settlement of an item of 55. 9J. included in that account was lor money lent, and not in pay- ment for the pens now in ques ion. The Town Clerk briotjy summed up, and a verdict was given for plai sit lil-i)a niatres, Eighteen pence. The Jury expressed their disapprobation of such actions being brought, and wished they could fine each party forty shillings. MONMOUTH.—The long disputed question, respect- ing the liability of the Borough to the payment of the o-eneral Rate made on the county, has again been revived and we understand a vestry meeting has been called by the parish officers, for the purpose of taking the sense of the parish on the subject. INSOLVENT DEBTORS' COURT The Court for the Relief of Insolvent Debtors, was held at Monmouth on Thursday week, before J. G. Harris, Esq.—John Patisen Smith, ot Monmouth, stone mason, was de- clared to be entitled to the benefit of the act, and ordered to be discharged.—William Morgan, of Llanthewy, to .the county of Monmouth, shoe- maker and publican, was opposed on behalf of the detaining creditor, Mr John Corles, of Ross, tanner. Nothing, however, arose from the cross-examination to affect'the insolvent; and after being asked a few questions by the Court, he was declared to be en- titled to the benefit of the act, and ordered to be forthwith discharged. The learned Commissioner congratulated the county ot Monmouth on the re- duction in the number of its insolvent debtors. COMMITMENTS.—A man named James Roberts was on the 2d inst. committed by the Rev. W. Powell to the county gaol at Monmouth, charged with stealing a cow, the property of James Yarworth, of Clvtha, gentleman and, on the same day, Hannah Price, convicted of being an idle and disorderly person, was committed by the same magistrate, to be imprisoned and kept to hard labour for three calendar months. This Roberts, and a rnau for sheep-stealing, who has been about a month in confinement, are as yet the only prisoners iu this aol for trial at th next assizes. The latter stands charged with stealing no less than 46 sheep, the property of a farmer at Newchurch in this county. It is reported that he took the sheep to Bristol, but not making a good salesman suspicion was excited, and the clerk of the inarlcets there had him apprehended and with the sheep conveyed back to Chepstow, when it was disovered to whom they be- longed, and the sheep were restored to their rightful owner, actually before he had missed them. ABERGAVENNY AND NEWPORT RAILWAY.—It is in contemplation to form, i" connexion with the prqpo- sed Cambrian Gloucester,and London Railway, a rail- way 22 miles'in length, to run from Aberg lVenuy vid Usk, to Newport. The survey has already been made byMr.Hodgkiss civil engineer; and the expense is ex- pected not to exceed one hundred thousand pounds. It i<» proposed to fix the rate ot tonnage at a half penny per mile per ton on iron and coal, and one penny per mile on all other goods. BAIL COURT KING'S BEVCH —Mr. Godson moved to admit to bail William Jones, committed in Den. bighshire on charge of manstuu^iUei. The tacts, as stated in the affidavits, were, that the person killed had been seen walking in Abergavenny, the prisoner following and abusing him. Jones struck the de. ceased who fell back on his head, and expired almost directly. Jones was taken tip, atid after examination before a magistrate, committed on a charge ot man- slaughter. The two sous of the deceased did not now object to Jones being admitted ..to hail Rule granted to admit the prisoner to bail. Evening Mail. CULTIVATION OF WELSH LITERATURE.. —A so- ciety ia ely formed at Abergavenny for the cultivation of the Welsh Language, held their first meeting at that town a few days ago, when the chair was filled by a highly respected Clergyman. The meeting was merely an initiatory one for the purpose of coucertlll measure? of public and more extensive operation but from the talent and great respectability of the gentle- men present, we anticipate great advantages from the formation oi the society. SEWP IKT—STATE OF TRADE.—The trade of Newport in the two principal articles of business, coal and iron, is in a most flourishing state. The coal owners and the ironmasters cannot execute the orders as fast as they come in. This, after the depressed state of the coal trade of Newport a few months ago, is most exhilarating intelligence. NEWPORT.—We extract the following from the Morning Herald of the 25th instant as a matter possessing some local interest. It relates to a suit in the Exchequer by Sir Charles Morgan, Bart, to establish his claim to tithe of Coppice wood. in the parish of Monythusloyne, in the county of Mon- mouth, instituted in consequence of the provisions of a recent act of Parliament, which required the pro- ceedings to be commenced by the 16th August last. The application was made on the part of John Hodder Moggridge, Esq. one of the defendants, who disputed the legality of the service of the subpoena before that day, and refused to enter his appearance, to enforce which an attachment was issued against him. Sittings in Equity before Lord Chief Baron Lyndhurst. Morgan v. Moggridge—Mr. Simkinson moved in this case to have an attachment issued against the defendant set aside on the ground of an irregularity in the service of the subpoena. The subpoena had neither been personally served nor left at the dwelling house of the defendant. It appeared from the affidavit of the clerk of the attorney for the plaintiff, that he gave the subpoena to the son of the defendant, whom he met at a short distance from the defendant's house. He contended that this was not sufficient, and that the subpoena ought to be served at the dwelling house. Lord Lyndhurst—This is substantially serving at the dwelling house; it was served on the son of the defendant, on the defendants premises, within his gate, and on a private road leading to the house, and this must be considered in every respect a sub- stantial service. It was not necessary to knock at the door and put the subpoena in it was quite sufficient for every purpose to serve'it as had been done in this instance, and on that ground the application must be refused with costs. -———— LAUNCH.-On the 12th inst. was launched from the building yard of Richard Watkins, Esq. at Chepstow, a very handsome ship of about 450 tons register, called the Bombay Packet. She is intended to sail from Cbepstow to Bombay, direct. CAPTURE OF A ROBBER --i family of the name of l}urrice) residing iu a retired cottage (an encroach- ment) in the woods at Great Diuham, near Chepstow, have long plundered the neighbouring farmers with impunity, and defied search warrants, and every other means of detection. The Rev. H. Berry in par- ticular has been a great sufferer by their depreda- tions. On the nio-ht of the 12th or morning of the loth instant, one of his barns was entered aud robbed of a quantity of wheat •, early iu the morning he re- ceived information of the event; he immediately despatched his bailiff. for a search warrant and took his station at the robber's house, with one of his men. In order to prevent the removal of any Stolen property, in executing the warrant they took William Burrice the younger into custody, (the father absconded ou the first alarm), and on searching the house they found five four-bushel bags of wheat the bags were princi- pally the property of the Rev. H. Berry a quantity of heat in the chaff, one sheaf of wheat, and a great deal of wool, as well as a bloody bag, which had the ap- pearance of having been used to carry the carcase of a sheep, and numerous indications of an extensive system of plunder. The following day the Rev. gentleman attended before the magistrates, when Wiliam Burrice the younger was remanded in order to give time for the appieheusion of his father, for which purpose constables were despatched into the hills, where it was thought he had secreted himself. However, on Thursday evening, the suspicions of Mr. Berry weie excited by a pauper, and he resolved to set out as soon as it was dark, attended by his bailiff and two labourers, for a lone house on Erlswood Common, a noted resort of thieves and poachers, and having by a little manoeuvre obtained admission for himself, Ue soyu Cuuti(I that the object of his search was there concealed; who, in fact, then made his appearance, armed with a formidable weapon, an im- plement of his trade, he being a carpenter but, upon signal given, Mr. B.'s attendants entered, and their prompt appearance put aside the intention of Burrice, if he had any, to use his weapon, and they made their capture, and conveyed their prisoner to Diuhain, for the night. The prisoners underwent a lengthened examination, on Saturday last and were fully COlli. mitted at Usk, by Colonel Lewis, to take their trial. The house of an associate poacher was searched, and some stolen property discovered. It happened singu- larly enough that while Mr. B. was engaged with the magistrates on the duy that he captured the elder Burrice, a young man was seen runningat fullspeed past his house, pursued by a great number of people, hoot- ing and hallooing '• Mop vliief, &c." The Rev. Lewis Williams, of Mathern was riding up to the house he immediately joined in the pursuit and captured the fugitive, who had it seems, escaped from custody, upon a charge of stealing the church plate ot Llausaw, when retaken he had a knife and lar^e stake iu his hand, and upon his person were found picklocks and keys. [We cannot but remark that the spirited exertions of the Rev. II. Berry, as above detailed, must be re- garded a signal triumph iu the neighbourhood; we understand from other sources that a gang of mis- creants of whom the prisoners were distinguished members, have for a long time past successfully carried on every species of robbery upon the farmers. This example canuot fail of having a most salutary effect. ]-Glouceter Chronicle.




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