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the running of the tide one and a certain who did excite it, at a quarter, and for the slack three time when both parties were pur. quarters per hour, these vessels suing their course in the full pos. were approaching each other at session of all their faculties. the rate of sixteen feetin a second. There was one rule which was He mentioned these circum- well known to all seamen, and it stances, merely for the sake of was this, the ship which had the showing that, in such a state of wind, which was going largely, things, and such a rate of sailing, and which had the command of it was almost impossible that men her helm, was to take care of should be able to give any accu- those ships that were sailing by rate account of the transaction. the wind. Now, one of these It appeared to the master and his vessels was sailing 11 points from brother, that it would be hard to it. As to the Dundee, he (him. judge of the veracity of men en-self) and his brother, found no gaged in such a scene, by any fault with the sails she had up, accidental discrepancies of evi- though the other vessel was stem. dence. It was a scene of con- ming the tide. But the Dundee fusion, terror, and alarm; the was aware that the Princess Charhorrors of which nobody knew, lotte being in the wind, it was of but he who had been present in importance to her, so stemming it. In the case of a house on the tide, to go on steadily in her fire, however alarming might be course. Now, they did think, the progress of the flames, it that the Princess Charlotte was, might be said that a man had time at the time, going on in that to collect himself, and to meet course under a full understanding with fortitude so trying a situa. that the Dundee would take tion; but in the case of two ships care of her.” pearing each other with this velo- that only a few minutes before, city, the time was so momentary, the Adventure had cleared the and the peril so inevitable, that Princess Charlotte. It was perthe mind had no opportunity of haps important to consider the rallying, and the senses of a man time at which the Adventure were too much engrossed with the came in a line with the smack present danger to allow of his and the Dundee. The evidence observing passing circumstances varied from 5, 10, 15, 20, 30, with any minuteness. In the evi. to 45 minutes; and in the time dence very few circumstances of five minutes it was impossible were detailed, but those which to suppose, that the Dundee had arose between the period at which not kept a good look-out: if it the alarm was first excited, and was a longer time, then a ques. that at which the accident took tion arose, how far the Dundee place. Himself and his brother was acting with prudence in sailconceived that the blame of that ing in the very eddy of the brig's event must rest upon the party wake ; for if the evidence of her which first caused that species of own crew was to be believed, alarm, which first produced in she was certainly not more than the other party an incapability of forty feet astern of the Advenmanaging their own vessel. It ture, which would bring her was important, therefore, to as. within the effect of that eddy.
It did appear, She must have known, that, by the [On the petition of the proctor circumstance of her being headed for the owners of the Dundee, by the Adventure, rigged as that it was ordered to be referred to brig was, there was one arc of the registrar and merchants, to the horizon kept from her view, ascertain the amount of said and the danger she was incurring damages. ] was evident. Had she reflected, that, every moment she remained in this situation, she was liable to Court of CHANCERY, FRIDAY, go on board a ship, or any other
Jan. 19. obstruction which the Adventure might have run aboard of, she James Mudie v. Edward Thowould hardly have persisted in mason and Charles Jones.-Mr. following so close. As to the Hart, on the part of the plaintiff, Adventure, it was quite clear moved for an injunction to rethat she had not kept a good strain the defendants from exhilook-out. It was proved that biting, or selling, or offering for the master of the Adventure, ale, certain medals. The facts when they told him that the of the case were these ;-Some smack was coming down upon time previously to the year 1816, her, ran forward and cried out the plaintiff determined to exe“ Helm hard to starboard !"-a cute dies for a series of medals, cry that, in a seaman's ear, which were intended to commesounded very much like alarm morate the principal events of and fear indeed. The masters the late war. The dies for the could discover, on the other hand, first part of the series were, with no impropriety in the working of considerable labour and expense, the Princess Charlotte; and if completed in 1819, and the dethere was, the terror and appre- fendants, who resided at Birmhension of her crew might very ingham, were applied to for the well excuse it.
purpose of striking the medals. The other Trinity Master ex- During this negotiation, the depressed his conviction, that if the fendants assured the plaintiff that helm of the Dundee had been he should be honourably dealt put hard to starboard at the same with. The terms of payment time that the brig's helm was so having been agreed upon, the put, she could not have struck dies were given to the defendthe smack; and this, he thought, ants; but before this was done, was evident from their respective the plaintiff received an assurcourses.
ance, that all possible care should Lord Stowell said, these opi- be taken of the dies. It was also nions certainly decided his own stipulated, that the dies should be judgment, which indeed had all kept Jocked up in a box, except along travelled to the same con
when wanted for use; that no clusion. He must, in this case, medals should be struck, except consider that the Dundee was with the consent and for the use the wrong-doer; and he there. of the plaintiff; that all the fore pronounced her liable for medals which might be struck the damages incurred accordo should be sent to London; and
that none should be disposed of
by the defendants, at Birming- eight days after the office should ham. The defendants had, hown become vacant: and if they omitever, lately caused a large shield, ted to do so, that the right of ap'emblazoned with the most re- pointment should devolve to the markable events of the Duke of Crown. It was also required by Wellington's campaigns, to be the statutes, that the senior fellow manufactured at their establish- should admit the person elected ment in Birmingham, and had to the office of master, under pain also caused to be struck 25 of expulsion from the college. reverses of the medals belonging The subject came before the to the plaintiff, which they had Court upon two petitions. One placed as ornaments round the petition was from Mr. King, a shield. This shield the defend- fellow of the college, who prayed ants had brought to London, had that the Court, as visiter, would inadvertised for exhibition, and quire, whether the office of master had also offered for sale. In of Queen's college was vacant; and addition to this, the plaintiff had if it should be found to be so, whecause to believe, that the defend- ther the fellows ought to proceed ants had lately struck off a large to a new election, or whether quantity of medals from his dies, the right of appointment had deand that they had disposed of volved to the Crown. The grounds some for money, and that they on which this application rested had then in their possession were, that on the 12th day after others not ordered to be struck the death of the late master, Dr. by the plaintiff. Under these Milner, the fellows, in compliance circumstances the application with the statutes, proceeded to for the injunction was made. elect a new master, when Mr.
Mr. Hart, in the course of his Godfrey was chosen by a majority statement, said, the expense in- of votes. Immediately after the curred by Mr. Mudie in manu- election, Mr.Godfrey required the facturing the medals amounted senior fellow to admit him to his to nearly 10,0001.
office, when he was informed, that The Lord Chancellor observed, it was first necessary for him to that the terms of the agreement sign the declaration of faith rerendered it unnecessary to refer quired by the act of Uniformity. to any statute, and he, therefore, Mr. Godfrey, however, disregardgranted the injunction.
ed this intimation, and, as Mr.
King contended, went through MARCH 27.
the usual form of admission, by
receiving the keys and a copy of Queen's College, Cambridge. the statutes. The other petition The question at issue related was from Mr. Mandell, who was to the Mastership of Queen's the opposing candidate to Mr. college, Cambridge. The college Godfrey at the time of the elecwas founded by Elizabeth, the tion. Mr. Mandell stated, that wife of Edward Iv., and from her Mr. Godfrey obtained a majority the college received a book of of votes by voting for himself as statutes, by which it was pro- fellow for Middlesex, although vided, that the fellows should pro- there was at that time another ceed to elect a new master within fellow for that county, and it was provided by the statutes that The Lord Chancellor, after de. there should never be more than tailing the facts of the case, and one fellow for Middlesex at the declaring that Mr. Godfrey ought college at one and the same time, to be considered, at the time of Upon this ground, therefore, Mr. the election, as de jure fellow for Mandell claimed to be the master Middlesex, decided, that accordof the college.
ing to the intention of the staThe question for the Court to tutes, and the constant usage of decide was, whether, by the act the college, the admission of the of Uniformity, passed under master was not completed by the Charles II., Mr. Godfrey had not delivery of the keys, &c. In this forfeited his office. By that act view of the case, it was evident, it is declared, that if any master that Mr. Godfrey had signed the or head of a college shall omit to declaration of faith, required by sign the declaration of faith the act of Uniformity previously therein contained, before or at to his admission. His lordship the time of his admission to office, stated, that he would hear any obsuch office shall, ipso facto, be servations from counsel on the considered void, as if its possessor question of what ought to conwere naturally dead. The Court stitute admission. If no applicawas also to decide, whether, sup. tion were made to him on this posing Mr. Godfrey, to have point before Saturday, it must be forfeited his office, the fellows understood that Mr. Godfrey was ought not to have proceeded to duly elected master. a new election within twelve days, and whether, as they had not done so, the right of appoint- KING's BENCH, WESTMINSTER. ment to the office of master had not devolved to the Crown, Mr.
The King v. Clement. This Godfrey, in answer to the affida- was a proceeding upon a rule vits filed against him, contended, obtained by Mr. Denman, for that the form of admission was cause to be shown why the pronot completed by the delivery of ceedings in the Court below the keys, &c., until some subse, should not be removed by certioquent ceremony was performed rari into this Court. The matter in the chapel of the college, in question was, the fine of 5001. This ceremony he had gone imposed by the judges in April, through several days after he last year, at the Old Bailey, for a had signed the declaration of contempt of Court, in publishing faith before the vice-chancellor a full account of the proceed of the college. He therefore ings on the trials of Thistlewood maintained, that he had not vio- and Ings, contrary to the express lated the provisions of the act of orders of the Court, forbidding Uniformity. With respect to the the publication of any of the allegation that he was not en proceedings against those two titled to vote as fellow for Mid. prisoners, until the trials of six dlesex, Mr. Godfrey asserted, that others, included with them in the it had been the immemorial usage
same indictment, for the same of the college to maintain two crime, should be terminated. fellows for that county.
The Attorney-General showed
cause against the rule, and con- several parts of the county of tended, that every court of re. Kent, and arrived in Feversham cord had an undoubted legal in the evening of the 28th; and right to make such orders, with on the next morning, and not respect to its proceedings, as before, he saw a newspaper, should prevent any impediment stating the order for his attend to the ends of justice. In the ance, and also an account of the discretionary exercise of this conviction of Thistlewood and right, the order in question had Ings, and of the fine imposed been made, for suspending the on himself by the Court. But publication of the evidence and in this affidavit he did not state proceedings until the trials of that he had not absented himthe whole eight persons included self from his office, and left in the same indictment should be town, for the purpose of eluding terminated. The defendant, in
The defendant, in personal service of the order for contempt of the Court, had vio
He had therelated the order, by publishing, a fore no ground to complain of full account of both trials in the injury, by the fine being imObserver Sunday paper, of which posed in his absence, as he was he is the printer, publisher, and aware of the contempt he had proprietor; and, in aggravation, been guilty of, and might have of his offence, he had published been present, if he had chosen to in the same paper the very order offer any thing in palliation or of the Court which he had vio- excuse for such contempt. Headlated. The Court, in conse- duced several authorities to show quence of this contempt of their that the Court had a legal right order, did, upon the motion of to punish by fine, persons conMr. Attorney-general, make an. temptuously violating its orders. other order, for the personal at. He could 'not anticipate what tendance of Mr. Clement on a kind of arguments his learned subsequent day, that he might friend on the other side had to answer for his misconduct, and offer in vindication of the de. show cause why the Court should fendant's conduct, and if any not punish his contumacy. This should be offered, he hoped to order was served at the Observer be allowed the opportunity of publishing office, in the Strand; reply. but Mr. Clement did not attend, He was followed on the same as required, upon the following side by the Solicitor-general, Friday, the 28th of April ; and Mr. Littledale, and Mr. Gurney; ; the Court, for his offence, and and it was contended, that, if Mr. such contemptuous non-attend- Clement felt he had any reasonance, fined him in the sum of able grounds of palliation for his 5001. The learned Attorney- offence, or against the justice general observed, that Mr. Cle- and quantum of the fine imposed, ment had stated in his affidavit, the proper place for him to seek that on the day upon which the redress was the Court of Excheorder for his attendance was
quer. made, he went out of town, and Mr. Denman, on the part of on that and the two following the defendant, denied the legal days he had travelled through power of the Court below to Vol. LXIII.