Star. — London, England, 1804-01-25 00:00:00

LAW INTBLL/GL►NCL! COURT OF CHANCERY, JAN. 24. LAST 4115USTA MURRAY, V. Hi! ROYAL HIGHNESS THT DORI or Lt/SS kl, •ND OTHERS. This Bill was filed by Lady Auguila Murray, pray ing, amongit ether things, that the Defendant, Mr. Courts, might be relbained by an injunaion of the Court, from pa) iiig to his Royal Highnefs the Duke of Suffer, a hum of Avoca. per annum. part of an annual penfion of 12,0001. fettled upon his Royal Highnefs ; and which rum of +pool. had been fettled by deed upon Lady Augußa, in confideration of her educating and maintaining the children (he al ready had, or might have, by his Royal Highnefs. It alfo Rated that Mr Coutts received the 12,c5001. under the authority of a Power of Attorney from the Duke of Suffer, who was at prefent at Lilbon, and out of the jurifdiaion of the Court. Mr. Coutts ad suitted the Letter of Attorney, by which he was au thorifed to receive the money, but dated that he bad Ito money in his hands belonging to the Duke of duffex. A motion was made during the fitting., before Term. it Lincoln's Inn Hall, praying that Mr. Coots might be ordered to retain in his hands, and pay over to the Plaintiff this fum of 4,0001. when he received the fame, on the ground that the deed (fated in the bill, gave the Plaintiff, Lady Augufla Murray, a fias upon the annual (um of 12,0c01. granted to the Duke, to the extent of 4,0001. a year. The motion vests refilled upon the ground that Mr. Coutts was Merely authorized to receive this money under a Letter of Attorney, which might be revoked at plea fttre by the grantor, and that he was, by law, ac. countable to his conllituent alone, for the application of the matey. When this Motion was firft made, the Loa:Xmas letitar, after expreffing much doubt upon the cub direCted It to stand over;. and this day, his laordfhip ftid that he had given every eonfideration to the fubjed, and ecmverfed with the Mailer of the Rolls upon it. That neither his Honour nor himfelf ever rceolleeted a fimilar cafe, where the grantor of the deed %vas not before the Court, arid whm, if pre lim, may let up many objeCtions, which might per. ))taps be fatal to the ezillence of the inilrument. His Lordlhip faid, it was impoffible in this Rage of the taufe to grant the injunftion as prayed, but that he raw no objetlion to reltrain Mr. Coutts from reeeiv ing the money at all at prefent, and if the Plaintiff chafe to make any other motion relative to the Appli cation of the money, that he felt fo much difficulty in the cafe, that he Ihould certainly hear it, affifted sy the jUdgMents of the Mailer of the Roll s the Isord Chief juftiee of the Common Pleas. COURT QF EOMMON PLEAS, JAN. 24. NEWMAN V. W f. Mr. Serjeant Cocaext. applied for a role to Phew CIA wby the verditt in this cafe thould not beret afide. The &Ilion came on to be tried before Lord At.- * and a London Special Jury of Merchants, at Bitting, after Lift Term. The plaintiff, Capt. New. man, was paffenger on bntrd a (hip, of which the de fendant was principal owner. The Captain and Pilot of the veffel, feeling themfelves incompetent to the UAL of carryin; it into Yarmouth, abandoned it to its fate; and in this emergency, the paffengers and crew folicited the plaintiff to tale upon him the manage. 19tht of the veffel. By the (kill and exertions of the plaintiff, the (hip was accordingly brought rare into port: The defendant was proved on the trial both to have (pokers and written in high terms of the fel. wicet rendered to the owners by the plaintiff. In a letter written on that inkjet% he declared his convic tion that the prefervation of the veffel was attribute able folely to the (kill, fpirir, and diligence of the plaintiff, and to that (kill, fpii it, and diligence, he delivered it as his opinion the refit was indebted for its fafcty, and that the plaintiff was entitled to a re• muneration, at leaft to the extent of soot. The owners, however, failed to make any compenfation to the plaintiff, in confequence of which, he brought an ter ion againft them for falvage, or for a compenfa. lion for the fervices rendered by him to the velfel and cargo. The Jury pronounced a verdia, finding that the plaintiff had, at the folicitation of the pall . ..tigers and crew, undertaken the management of t he sail, and that by his (kill and diligence the veffel had been &felt brought into port, and awarded him vol. for his fervices in that retpe(t. Mr. Serjeant Cocas:A. maintained that this verdift ought to be fet afide, on two grounds. Firft, on the plea that no perfon WAS entitled to falvage on account of any veffel, in which he might happen to be paffenger, his own per lima) fafety calling on him fur every exertion lie could make, to preferve hitnfelf, as well as the reffel ; but, fecondly, on the idea that he was entitled to a compenfation for any extraordinary exertions which he might hase made, the Learned Counsel contended, that, in the prefect cafe, excel five clam.les had been awarded by the Jut y on that account. Lod At.vavt.ry recapitulated the leading fratures of the cafe, and raid, that though a man might not be (Welly entitled ro falvage for preferring a st(Ll in which he WAS a palferger, it would be a dangerous and an improper doarine to hold nut, that on that account the exertions of Inch individual ought to go wholly unrewarded, although called fur and lulicitcd by his fellow paffengers. The Jury had not in the prefent cafe found the plAinziff entitled to f..lvage, but "merely to a compen. 4a: ,on for his (kill and indullry ; he having, at the ..el•le.1 0 thole on board, taken on hinifelf the ch 3 _ . . _ ....‘r-• of Captain of the ;effcl. Had he not undo• takes this refponlible (amnion, he might have elcap •d. By ender taking that duty, however, he became ound to continue in the wail, and became liable to n stelion of damages, had he mdcondiated himiclf. 'She learned Judge could hardly think that the dia. 'pages in this e.ife were exceifive, having been award ed by a Jury of London merchants, who could lint he prcfunied to incline to be too favourable to a claim like the prefent ; And the defendant himlclf having elm-effect his conviCtion that the plaintiff was At lead entitled to acs.:l. The cote, hots ever, being of impor tance, the rule might be granted. Mr. jiatiCC ROOK I concurred in the opinion deli• vcrtd by Lord ALVANLIY. tieljtAnt S. rii F RD for the plaintiff, inflanced caie iii which falsage had been claimed IA the ". -.am of Admiralty, by part •A A Cf CO' 4, :I.A t... 0 on the capturs and retaken the he ...ncrs Lontcr...lcdi that it WAS the 44) , 4./ the crew to • . if/ Co I and that, therefore, they were not entitled to falwage. Sir W. SCOTT, who tried the cafe, laid it down, that in general that principle was well founded, but that the crew had, in that cafe, gone a ftep beyond their duty, and had dune what was not incumbent on them. They were accordingly n snd entitled to falvage.—The Rule to fhew caufe was granted. FGINTON V. This was an aFtion brought by the Plaintiff. to re- cover damages for an afrrtat and faille imprifonmenr, which he Coffered at the hands'of the Defendant. Serjeant SHE?HSSD, Counfel for the Plaintiff, Rat ed the eircumliances of the cafe as follows :—The Plaintiff was coachman to a Mr. Frewthick. As he was driving his carriage from Duke-greet to Oxford Road, about nine o'clock in the evening, a perfon ran luddenly pail, and was firuck by the pule of the coach, which knocked him down, but he immedi• ately rote, and raid that he was not much hurt.— The Coachman drove on, hut had not proceeded far when he was ordered to clop, and conduded to Mr. Barber's fhop, an apothecary in Orford-road. The perfon who had been knocked down by his carriage was there. Mr. Barber demanded liven fhillings of him for dreffing the wounded man's leg, and infifled that he Ihould pay it that inflant or that he Ihould be given in charge to a conftable. The coachman gave his addrefs, but Paid that it was irnpoffible for him to par (even Millings as he had not fo much mo ney. Mr. Barber, however, infilted upon the money for his nribrocatios. and a conflable was fent for, who took the Plaintiff into cultody, till he had got the money from an acquaintance and paid it. The apo thecary,.he contended, had no right whatever to de tain the man, and therefore it was an (fault and a talk imprifonment. He then called feveral witneffes who depofed to the above fads. None of them, however, could identify the Defendant as the perfon who had detained the Plaintiff, which was fuppoled to proceed from the Defendant's being in a different chefs, from what he was in court, the family bents all quakers. Serjeant Burr, for the Defendant, spade an elo quent fpeech, and Lod, that though upon the Plain t;ff's own evidence, they could not identify his client, yet the Defendant (*corned to take a verdict on that point, as the truth was, that he was entitled to their verdict not only in point of law, but alto in point of jullice. He then called a great many wit neffes, the firft of whom was the pet fon who had fur. fered from the carriage running over him. He af firmed that he had been very much hurt, as the wheel had paged over his legs, and he was not well for a 'fortnight after. It was he who gave the Plaintiff in charge to the Conftable. The Plaintiff refuted to give his addrefs, or to tell his name. S 1 perfon. of Mr. Barber's family were then called, who expreff ly contradided the material part of the Plaintiff's evi. denee. The Judge (Lord A ) laid, that a vet diet malt be given againit the Conitable who had accept ed an improper charge, as he had no bufinef► to take a man for not paying feven shillings t but be thought the damages ought to be merely nominal. The Jury acquitted the Defendant, Barber, alto- gether, and found a verdia againd the coultable,Da mages One Shilling. COURT OF KING'. IFNCH, JAN. 23. •/• WALLS. A motion was made for granting the Commiffion ers of Sewers in Hampfhire, time to make a return to a mandamus, command ng them to repair a Sea Wall. The ground alledged was. they had not folly ii.formed themfelves with refpea to the level of that part of the coall on which the reparation was required. Lord E LLLLL OROVON obfervcd, that they had al ready had tofficient time for making every neceffary enquiry. What had recently happened from the ne glee of repairing fea *Ails rendered it highly proper that the Court fhould infilt on an immediate compli• ante with its mandates on filch a fubjea; befides the fituation of the country at the prefent moment pre. chided the poffibility of granting even the flighteß indulgence to the Comm.floners of Sewers, if they were negligent of their duty. The application was accordingly refuled. JAN. 2.4.. —TN! RING V. DOWLIT. Mr. EILSIIINs moved for a Certiorari to remove a Conviaion before a Magiltrate of the county of Sur rey, in order that Poch Conviction might be quaffied. This Writ of Certiorari to bring up the Proceedings upon Conviaion before inferior tribunals, might, in fome manner, be called a Writ of Right to the Sub jects of this Realm, to prevent the inconveniences that might otherwife be the refult, in Come cafes, of fummary Conviehon ; and although this was almoll a Motion of mirk, yet as it related to a fubjett uf great importance, the Court, he was lure, would with that whatever decifion they fhould come to, it fhould be come to fpeedily, for which purpofe it was proper that the Court Piould be now put into potter lion by him, not by way of argument, or in detail, but under certain heads, of the point which was to be argued on the Acts of Parliament which govern the queftion upon which this Conviction turned. Mr. Plaice LAwes scc afLed, what the Conviction was for ? Mr. Es r KINF raid, it was a Conviaion on the Aet of Parliament of the 43d Geo. 111. c. tat, and upon the 14th Set lion of that Ad, which provided," that whenever any perfon, enrolled in any Volunteer Corps in Great Britain or Ireland, (ball have ne glarled, rr refuted a demand made fur that purpole, to pay any mom of money required by Rules and Regulations, &c. towards defraying any es pence of the Corps to which he belongs, or to pay any fine or penalty, &c. then, and in fuch cafe, it (hall be law ful for any Jollier of the l'eace, reading in or near the place where fuels Corps (hall be, &c. to can& the fame, together with double the amount thereof. to be levied by difirefs, or tale of the goods and chattels, &c. of fuch perfon, &c. The fum fu le• vied to gn to the general Rock of the Corps, &c. The Gentleman nn whole part he made this ap plication to the Court, was fined by a Magiflrate in the Borough, a fine which would have been duly or dered, provided he came within this &Ilion of this .-Net of Pailiament, for i: was under this 1 4 th Sec tion of the atd of the King, that this information ao,aintl this Defendant was tried. lie was called for Ins D.tence, when he admitted all the tan: it..ts.l in the information—namely, his inrollment in the Storey Cavalry, and his ato:nce from the drill, and the dcinand of 'wawa ut bucs : but his de • • eke Was this—That at the time of this gthansons he was not a Member of the Corps, for that he had received a letter from the Commanding Officer, Hat ing, that any Gentleman who did not attend the morning drill on Monday in every week, for one mond, to tome, he fhould receive his Dirmiffal This Gentleman being in the Corn Trade, and hav ing no Clerk, and his partner alto being in a Volun teer Carps, the regulations calling that Gentleman alto to attend at the fame time, the Defendant could not attend as he was required without a relinquith• ment of his trade, Yet he was ready to do all he could; he fignified this to his Commanding Officer, he laid it was out of his power to attend, and therefore lie hoped that that would be taken as his difrniffal.— : He heard nothing to tie contrary, and therefore he had reafon to fuppok that his dilmilral would have been the confequence of this refignatiOn of his. He thought in filch a cafe that his difmiffal would have been of courte ; however his difmiffal was not effefled, and the Magitlrate convicted the Defendant. The Magiltrate had given an honed judgment on this oc cation, but it was to be for the confidetation of the Court, whether it was a legal judgment —The fads of the cafe were put fairly on record. The De fendant admitted them all, and the only queflion that would arife on this conviction was, whether this per. fon, on the fads and the circumflinces attending the tranfaftion, was fuhjed to the fine impofed upon him ? Which quellion would turn upon this, whether, in fad, he was a member of the Corps when the fine WAS levied ? The fedion of the Aft referred to the Rules and Regulations of the different Volunteer Corps, and each Volunteer mull in that refpeft be governed by the Rules and Regulations of the Corps to which be belongs; by which Parliament held forth that it did not mean to aft in an arbitrary manner towards the Volu n teers, but left them to make regu lations for their own Government. The firft Relo. lotion of the regulations of this Corps was this, that the Corps be inilituted ; for it was inaituted in the year 1798, and afterwards continued tinder the Aft which enabled his Majeßy to accept the fervices of Volunteers at the beginning of the war—That this Corps be inflituted fur the defence of the Borough of Southwark and parts adjacent, labial to be called out on invafion or infurredion, agreeably to the Ads of Parliament of the 34th and 42d of Geo. 111. Now with refpcit to the Ad of the 34th Gco. 111. it was an Ad to enable his Majefly to accept of the Cervices of Volun t during the IA war ; but it was an Aft which continued in force mit , during the war, it therefore expired on the concrufion of peace. The 45d of the King, e. 66, was the next Ad, and it was the Act under tire authority of which this Corps, and indeed every other Corps were embodied and afFem• bled. This was an Aft which pall when the enemy of this country firft held out his threat and menace againfl the independence of this country, which rout ed its inhabitants inßantly to its defence, and which th we now defy with ptide as well as confidence, beeanfe we all feel allured that whatever may be the wilbes of our enemy, they will certainly be difap pointed. Here be read the Preamble of the Aft re citing the expediency of enabling his Majeßy to avail hinsfell of the offers of his fubjeits to raife Yeomanry and Infantry Volunteer Corps, and the expediency of exempting the members of fuch Corps from ballot in the Militia, and that was all the exemption they had then, for at that time the Army of Referve Bill had not palled. The Ae then went on to Rate, that all perfons enrolled in fuch Carps, and attending the number of days Hated in the Aft, fhould be exempted from compolfory fervice in the Militia, but it afterwards provided, that thefe ex emptions fhould not be allowed, unlefs a mullet roll be tranfmitted to the Lieutenant of the County, &c. of the individual claiming the exemption having at tended the exercife a number of days, as prefctibed by the Aft. The fourth feflinn of this Aft applied directly to the cafe of this Defendant, and which he was now fubmitting to the Court. for he was entered in his Corps agreeably to the Aft of the 34th cf the King, and the A& of the 4ad of the King did not impofe any new regulation, or put any thing in the way ofezemption to Volunteers. Parliament had kept pale& good faith in this as in all other cafes, for which the Parliament of this country was remarkable; indeed Parliament had never attempted to violate good faith by the introdqpion of arbitrary proceed ings, which he fhould venture to call arbitrary, if it did. Under this Aft the Commanding Officer was directed to tranfmit to the Lord Lieutenant, and he tranfmits to the Crown, a lilt of thole, who being enrolled, and had attended the proper number of slayt, fo that the Crown might fee who was and who was not entitled to exemption :—and then the Aft went on to provide, that in this return there (ball be inferted the name of every per fon enrolled in every fuch Carps, as aforefaid, who (hall, (ince the date of the Tall miler roll, have notified to the Com mander thereof, his intention of difcentinuing his fervice therein, or have been difcharged from the fame on account of non attendance or other wife ;—and if any fuch perfon, dining his being enrolled, &c. (hall be drawn in the Militia, and (hall be exempted on acconnt of it (even if he had before been exempted) he 111411, on firth refignation, (what was reignation. he would alit, but notifica tion of difcontinnance i) terve without Ballot, if drawn before, and if there &Ad happen to be no vacancy in the Diltriet to which fuch pelf n be. longed, he fhould ferve as a fupernumerary. Thus the Ad of Parliament hated what the relignatien %mild be. Ile knew it had bees I;imetimes thrown out, that Ads of Parliament are very lot le in their words. as if the words of them were, L,metimes, not the meaning of the perfons by whole authority they were emote!, as it words got into fome of them as it were by chance ; but here the Acts were plain on the filbjed of exemption. The Command ing O(hccr et the C. rps was to make a return upon his honour, which, he had no doubt, was equivalent to an oath, of all perfons who may have been dif charged or may have quitted (ince the date of the hill mutter roll, and then, the moment that a perfon had quitted the Volunteer Corps, all theother compulfory services attached upon him, and Ile was liable to ren der his Cervices to the State as the Law of the Land required, percifely in the fame n anner as it he had never been is a Volunteer Corps. Mr. Essitiiis taid he limad not argue this cafe at prefent, but merely Hate the Statutes in their order, that the Curt might fee the view of Parliament thrL ughoot thi. fervice. This aft, %%Lich he had ju:l recited, I was palled u a moment when the er.amy meditated, I or rather publilhed. an Wed to defiroj iltat tem of Government which this Country bad the happinefs to enjoy for centuries, and which isenue tended to call us all forth; Co much ardour was felt s that almoft every man wifhed to he a Vskinteer. As to refignations afterwards. Good Goo, boir few he did not know that there were too. Volunteers Rept forward—Parliament took the advantage which this fpirit offered to the Country, and made nal*. lions Government became apprehenfive. not that the Volunteers would be roo few, but that they would be too many, fo that there might be a difficulty in having any regular army : in confequence of this, Government held its hand, and gave if to be trader. Rood that it would not accept any more Volunteers unlefs under certain regulations, and then came the Aft of Pat liament of theayl of the King,c. 82. which is commonly called the Army of Referee At; at this time between 1 and 36o,000rnen were got under arms. Parliament few and admired the zeal and ardour of the Public, hut they knew the Country could not be of iClually fecured by ardour alone, that there mull be men trained and difciplined in a given way, and therefore paired this Aft for railing this body of men as an Army of Referee; but again, in this A 6 there were Exemptions, among whom was the learned Conn he was now addreffing, as well as the Great Officers of State, who could not be (pared from the Rations they at prefent filled for the benefit of the community ; and all the Volunteers were 'alio ex• empted—fo that good faith was here again reli gioufly kept by Parliament : but if a pedal coifed to be a Volunteer, be then became amenable to comptilfory fervice under the Army of Referee A& The-treat Ad of Parliament was the aid of the King, c. 96, for Parliament was not yet Gti , fted with the Rate of the Country as to men being fit frtr arms, and therefore they pallid a law upon the fubjed of the Prerogative of the King—An Ad, the like to which, its England, was never paled before. That was an Ad touching the Prerogative of the King, which no Lawyer 6r good Fritiorian ever doubted, that of calling forth the Military Service of ad his Subjects in cafe of actual invafion—but the we of the Ad was manifell, fine it, made the cur cite if that Prerogative more prompt and eery. for his Majelly's Prerogative in that cafe only extended to Penalties in cafe of difobedience after the party was fummoned to the field; but in this cafe, the call was immediate. and could not be commuted by the payment of a fine. This Ad again kept paled good faith with the Volunteers. for they were all exempted from its provifions while they were Vo lunteers—but only while they were Volunteers, for Parliament provided, that if any one ceafed to be a Volunteer, either by his own refignation, or difmiffal, the provilions of the Aa fhould ießantly attach on him; for it was not by Ilrutting a few days in a red coat with a (bouldered milder that Parlia ment thcught a man thould be exempted compulfory Service, but upon voluntary Service the compulfory was out of the queflion, and rightly fo, for one man could not ferve in two characters at once, in a corn. pillory charades and in the charader of a Volun teer, and therefore if any nne was really and hewer fide a Volunteer, he was not called upon for any other ferviee ; thus chore who had the virtue to come forward bravely, which was always the moil advan- tageous as well as the moll honourable mode, always were exempted ; if any chore to hang back, they got nothing by it but reproach, for then they became fubjea to compulfory fervice. But in this Aet there was a provifion, that nothing in it (horrid mend to vary or alter any former Ad, except to far as the fame were therein expretily varied or altered. That part of the 42c1 of the King, which provided for 'hi refignation of a Volunteer, and which he had recited, was not mentioned in this Ad, and, therefore, under the provifion that no Ad was altered. but fuck ai was exprefsly fo by this Aa, that clank in the ea of the King, providing for.the refignation or difmif. GI of a Volunteer, was in full force. The defendant here maintained that by the rule: of his Corps, his diimitGl was, 1.1 courfe, after his refignation in the manner he made it, and that the legal confequence of that was, that the order ought to be qualbed. He ought to add, that this Gentleman had as much (pink for the defence of his country as any body. He had fubferibed three guineas a year to the expence of the Corp., together with that of a good boric, de. fit for fcrvice. Lord Ettasacieounit, interrupting the Learned Counfel, Aced whether there was any claufe in the lalt AEI taking away the Certiorari ? • Mi. Eastlws replied in the negative. He laid, the reafon why he had taken the liberty of expreffing himfelf at fuch length was, that their Lordfhips :night have all the AOs if Parliament before them, and that no man might imagine the Volunteers of this country were difpoled to withdraw themleives liom their duty; but on the contrary, that they felt she nature of their obligation. He concluded by expelling a hope, that nn man would with to put penal laws in force againa inch honourable and brave defenders of the country. The writ WA, awarded, and upr.n the return to it. the qucllion will be folemnly argiled. The defendant bas a moll limidahle phalanx is his intereli. He has retained Mears Elias's'', Gait. low, Gies', and ANDR tit' .5. The Arvoaiisr a-11 SOLIC ITOK-G Alla L ss ill, mutt likely, pl:acl for the Crown. BRIBIRY...—MATSTIRTS V. saviLts, !SQ., A motion WAS made to increafe the aims in acßion againft Mr. ias.:lle, ri dep.l../ Chrillopher At kinfon, tor bribery at the late Ileyd , n Eledion. It WAS Rated, that the objet of the fint was to mover three p,naltits of 58 or,cl. 48,0001. and 36,00c1. and that the defendant, having been fummoned as a Mesta. ber if Parliament, had barrieadoed Ins bottle, to avoid being ferved with any other proeels ; ha t•atl made it a parted Maifon Nary; and when any pet( • kno,ked at the door, a fervant halhwed from the t p that fie had direetion., not to receive any nieft.ge or paper. It wa% further merti• n:d. that the H: n. St nst r madeitaprafli:et einhile his C•4 1, 1e 011 h: tiro day of Term, and throw it open on the last. ; rite Court diredcd that SQI. might be levied on each reLalty. Yet erda, Frarcib dmirh, ennvietei at the laff &I lion for the mwder of Thomas Mil.: 4:OJ, at Ham. merfrui.h, rccc;ved ..is 1; jetty'. peiJort ou com.ition ut being inq r.ne year. LAI l , y on Nl..ndAy ms , rri:lg a Cerf.nel on dory in the (teeo's G 4 dcn a as eivcovele.l 411!er. and was takelk a pr &net by CapLaib HILL Lowe r . ... , • . . . . • • • . , LAW !WELL IGENCr. . . . 'in Cu;Co ; end that, therefore, they Were not entitled to tenet Seas thiso-That at the time of this Stimmons or rather publilhed. au Wed to dellroj that fyC falvage. he was not a Member of the Corps, for that he had tern of Government which this Country bad tbe C\ . . . . COURT OF CHANCERY, JAN. 24. • . . • Sir W. Scorr, who tried the cafe, laid it down, received a letter from the Commanding Officer, fiat- happinefs to enjoy for centuries, and whicb bienatte LAST AIIbUSTA MURRAY, V. HI! ROYAL HIGHNESS that in general that principle was well founded, but ing, that any Gentleman who did not attend the tended to call us all forth; Co much ardour weskit, • TH! DORS or SUSSEX, AND OTHERS. that the crew had, in that cafe, gone a Rep beyond morning drill on Monday in every week, for one that almotl every man wifhed to he a Vehinteen This Bill was filed by Lady Augulla Murray, pray- their duty, and had dune what was not incumbent month to come, he Ihould receive his Difmiffal As to refsgnations afterwards. Good GOSS hal fee / • ing, amonga other things, that the Defendant, Mr. on them. Thee were accordingly found entitled to This Gentleman being in the Corn Trade, and hay- he did not know that there were too. Volinteers Comm, might be relltained by an injun&inn of the falvage--The Rule to thew caufe was granted. , ing no Clerk, and his partner alfo being io a Volun- Rept forward—Parliament took the advantage vihick Court, from paying to his Royal Highnefs the Duke !GIRTON V. . teer Corps, the regulations calling that Gentleman this fpirit offered to the Country, and made aegala. of Buffet, a him of 4ocol. per annum, part of an This was an action brought by the Plaintiff, to re. alto to attend at the fame time, the Defendant could tions : Government became apprehenfive. net that annual pennon of 1 210001. fettled upon his Royal cover damages for an afrault and falfe imprifonment, not attend as he was required without a relinquith. the Volunteers would be too few, but that th ey would liighnds ; and which funs of 40001. had been fettled which he fuffered at the hands'of the Defendant. ment of his trade, Yet he was ready to do all he could; be too many, fo that there might be a difficulty is . by deed upon Lady Augufta, in confideration of Serjeant SHEPHERD, Counfel for the Plaintiff, flat. he fignified this to his Commanding Officer, he laid having any regular army :in confequence of this, her educating and maintaining the children the al- ed the circumßances of the cafe as follows :—The it was out of his power to attend, and therefore he Government he/d its hind, and gave if to be trader. ready had, or might have, by his Royal Highnefs. Plaintiff was coachman to a Mr. Frewthick. As he hoped that that would be taken as his difmittal•— Rood that it would not accept any more Volunteers It alfo Hated that Mr Coutts received the 12,0001. was driving his carriage from Duke-greet to Oxford He heard nothing to the contrary, and therefore he unlefs under certain regulations, and then came the under the authority of a Power of Attorney from the Road, about nine o'clock in the evening, a perlon had reafon th fuppofe that Ins difmiffal would have Aft isfPAI liament of theaed of the King,e.B2. which is Duke of Suffer, who was at prefent ar Lifbon, and ran luddenly pall, and was firuck by the pule of the been the confequence of this refignation of his. He commonly called thc Army of Referee AR ; at this out of the jurifdiftion of the Court. Mr. Coutts ad- coach, which knocked him down, but he immedi- thought in fuch a cafe that his difmiffal would have tiniebetween a and ro,ooomen were gotunder arms. mitred the Letter of Attorney, by which he was so- ately role, and laid that he was not much hurt.— been of catirte ; however his difmi ff al was not effeaed, Parliament few and admired the zeal and ardour of thorifed to receive the money, but Hated that he had The Coachman drove on, but had not proceeded far and the Magiftrate conviaed the Defendant. The the Public, hut they knew she Country could not be no money in his hands belonging to the Duke of when he was ordered to flop, and condated to Mr. Magiftrate had given an honed judgment on this oc- effectually fecured by ardour alone, that there mug dam Barber's (hop, an apothecary in Oxford-road. The cation, but it was to be for the confederation of the be men trained and difcipliced in a given way, and A motion was made during the fitting., b e f ore perfon who had been knocked down by his carriage Court, whether it was a legal judgment —The fads therefore palled this Aft for railing this body of men Term, it Lincoln's Inn Hall, praying that Mr. was there. Mr. Barber demanded liven fhillings of of the cafe were put fairly on record. The De- as an Army of Referee ; but again, in this A 6 there Coutts might be ordered to retain in his hands, and him for dre ffing the wounded man's leg, and infided fendant admitted them all, and the only queftion that were Exemptions, among whom was the learned pay over to the Plaintiff this fum of 4,000 1 . when he that he Ihould pay it that inliant or that he Ihould would arife on this conviiftion was, whether this per. Come he was now addreffing, as well as the Great received the fame, on the ground that the deed Hated be given in charge to a conftable. The coachman fon, on the fads and the circumainces attending the Officers of State, who could not be (pared from the In the bill. gave the Plaintiff, Lady Augufla Murray, gave his addrefs, but faid that it was inspoffible for tranfaaion, was fubjeet to the fine impofed upon Rations they at prefent filled for the benefit of the aAm upon the annual fum of 12,000 1 . granted to the him to pay (even &Hangs as he had not fo much mo- him ? Which queßion would turn upon this, whether, community ; and all the Volunteers were alto ca• Duke, to the extent of 4,000 1 . a year. The motion ney. Mr. Barber, however, infilted upon the money in fad, he was a member of thc Corps when the fine empted—fo that good faith was here again reli- ants refilled upon the ground that Mr. Coutts was for his nalprocatiots, and a conftable was Cent for, who was levied ? The feation of the Aft referred to the giouHy kept by Parliament : but if a perfon coifed Merely authorized to receive this money under a took the Plaintiff into cultody, till he had got the Rules and Regulations of the different Volunteer to be a Volunteer, be then became amenable to Letter of Attorney, which might be revoked at plea. money from an acquaintance and paid it. The apo- Corps, and each Volunteer mullin that refpeft be comptilfory fervice under the Army of Referee Aft. fare by the grantor, and that he was , by la w, AC . thecary, .he contended. had no right whatever to de. l governed by the Rules and Regulations of the Corps The-next Ad of Parliament was the 43d of the countable to his conflituent alone, for the application tats the man, and therefore it was an (fault and a to which be belongs ;by which Parliament held forth King, C. 96, for Parliament was not yet fatiifted of the mottey. talk imprifonment. He then called fever*, witnefes that it did not mean to all in an arbitrary manner with the Rate of the Country as to men being fit When this Motion was firft made, the Lou: Caen. who depofed to the above fads. None of them, towards the Voltmeters, but left them to make regu. for arms, and therefore they palled a law upon the tattow. after exprefting much doubt upon the cub- however, could identify the Defendant as the perfon lations for their own Government. The firit Refer- &Neff of the Prerogative of the King—An Alt, the ell, dittoed It 1 1 3 Hand Deer; and this day , his who had detained the Plaintiff, which was fuppoled lotion of the regulations of this Corps was this, that like to which, in England, was never paled before. (hip f iid that he had given every confideration to proceed from the Defendant's beingin a different the Corps be initituted ; for it was inftituted in the That was an AR touching the Prougative of the ord to the fubjeft, and converted with the Matter of the chefs, from what he was in court, the family being year 1798, and afterwards continued tinder the Aft King, which no Lawyer 6r good Hiftorian ever Rolls upon it. That neither his Honour nor himfelf all quakers. which enabled his Majefty to accept the Cervices of doubted, that of calling forth the Military Service of ever recolleeted a fimilar cafe, where the grantor of Serjeant Bor. for the Defmdant, spade an elo- Volunteers at the beginning of the war—That this all his Subjects in cafe cf afloat invafion—but the the deed Was not before the Court, and if pre- quent fpeech, and faid, that though upon the Plain. Corps be inaituted fur the defence of the Borough of ufe of the Aft was menden, !ince it, made the cur lent, may lit op many objeftions, which might -- who, tiff's own evidence, they could not identify his Southwark and parts adjacent, fobjett to be called cite cf . that Prerogative more prompt and eafy. for !laps be fatal to the ezillence of the inll rument. His • client • yet the Defendant (corned to take a verdia out on inva fi on or infurreetion, agreeably to the Acts his M . ijeity ' s Prerogative in that cafe only extended Lordlhip faid, it was impollible in this Rage of the on that point, as the truth was, that he was entitled of Parliament of the 34th and 42d of Geo. 111. Now to Penalties in cafe of difobedience after the party taufe to grant the injunftion as prayed. but that he t' their verdictnot only in point of law, but alto in with refpat to the AR of the 34th Gco. 111. it was was fummoned to the field ; but in this cafe, the raw no objetlioa to reltrain Mr. Coutts from receiv p oint of juilice. He then called a great many wit an Ad to enable his Majea}l to accept of the Cervices call was immediate. and could not be commuted by 1 ing the money at all at prefent, and if the Plaintiff neffes, the firft of whom was the pet fon who had fuf- of Volun t during the left war ; but it was an AR the payment of a fine. This AR again kept perk& chore to make any other motion relative to the :mph- fered from the carriage running over him. He at. which continued in force on)y during the war, it good faith with the Volunteers. for they were ell 4 cation of the money, that he felt fo much difficulty firmed that he had been very much hurt, as the wheel therefore expired on the concru fi on of peace. The exempted from its provifions while they were Vo. in the cafe, that he Ihould certainly hear it. alined had paged over his legs. and he was not well for a 45t1 of the King, e. 66, was the next AR, and it was lunteers—but only while they were Volunteers, fortnight alter. It was he who gave the Plaintiff in the Aa under use authority of which this Corps, and for Parliament provided, that if any one oared to Isy the jtidgMents of the Mallet of the Rolls and the isord Chief Juftise of the Common Pleas. charge to the Con(table. The Plaintiff refuted to indeed every other Corps were embodied and affem• be a Volunteer, either by his own refignation, or .7.—. give his addrefs, or to tell his name. S - 1 perfons bled. This was an Aft which pall when the enemy difmiffal, the provilions of the AR Ihould iollantly COURT OP COMMON PLEAS, JAN. 24. 1,1 Mr. Barber's family were then called, who expreff of this country fiat held out his threat and menace attach on him; for it was not by (trotting a few days NEWMAN v. w s. ly contradicted the material part of the Plaintiff's esti. againfi the independence of this country, which rout"- in a red coat with a (bouldered mufket that Perlis- Mr. Serjeant Coceate applied for a rule to thew donee. ed its inhabitants inftantly to its defence, and which men' thought a man Ihould be exempted compulfory : Clore why the verdia in this cafe Ihould not be fet elide. The Judge (Lord A ) raid, that a vet dill th we now defy with pride as well as confidence, Service, but upon voluntary Service the compulfory . The &Ilion came on to be tried before Lord AL• mutt be given againft the Constable who had accept- becanfe we all feel allured that whatever may be the was out of the queflion, and rightly fo, for one man 4 and a London Special Jury of Merchants, at ed an improper charge, as he had no Wind'', to take wiffies of our enemy, they will certainly be difap- could not terve in two charaeers at *ace, in a coma Bittings after laft Term. The plaintiff, Capt. New. a man for not paying feven &Wings ; but be thought pointed. Here be read the Preamble of the Aft re. pulfory charaßet and in the charader of a Voles- , man, was paffenger on Imerd a (hip, of which the de- the damages ought to be merely nominal. citing the expediency of enabling his Malay to avail teer, and therefore if any One was really and hew. fendant was principal owner. The Captain and Pilot The Jury acquitted the Defendant, Barber. alto- himfelf of the offers of his fubjeßs to raife Yeomanry a Volunteer, he was not called upon for any ' af the veffel. feeling themfelves incompetent to the Piller* and found a verdia againa the conftable, Da- and Infantry Volunteer Corps, and the expediency other (crake ; thus thofe who had the virtue to come talk of carrying it into Yarmouth, abandoned it to its mere One Shilling- of exempting the members of filch Corps from ballot forward bravely, which was always the moll advan- fate ; and in this emergency, the paffengers and crew in the Militia, and that was all the exemption they tageous as well as the molt honourable mode, always folicited the plaintiff to take upon him the manage. COURT OF RING', lIFNCH, JAN. 23. had then, for at that time the Army of Referee were exempted ; if any chofe to hang back, they got !Debt of the octet. By the (kill and exertions of the sea WALLS. Bill had not paired. The Aft then went on to nothing by it but reproach, for then they became t plaintiff, the (hip was accordingly brought fare into A motion was made for granting the Commiffirm. Hate, that all perfons enrolled in fuch Corps, and fubjett to compulfory fervice. But in this Ad there port The defendant was proved on the trial bath ens of Sewers in Hampfhire, time to make a return attending the number of days Hated in the AR, was a provifion, that nothing in it Should ext e nd to to have fpokeu and written in high terms of the fo. to a mandamus, command ng them to repair a Sea Should be exempted from compolfory fervice in the vary or alter any former Aa, except is, f ar as the • vices rendered to the owners by the plaintiff. In a Wall. The ground alledged was, they had not fully Militia, but it afterwards provided. that there ex- fame were therein expretily varied or altered, Th a t letter written on that fubjea, he declared his convic- ioformed themfelves with refpea to the level of that emptions Ihould not be allowed. unlefs a mullet roll part of the 42c1 of the King, which provided f or thi Con that the prefervation of the veffel was attribute- partot the coati on which the reparation was required. be tranfmitted to the Lieutenant of the County, Ike. refignation of a Volunteer. and which he had recited, able folely to the (kill, fpirit. and diligence of the Lord E LLLLL OR ova,' obfervcd, that they had al- of the individual claiming the exemption having at- was not mentioned in this Aft, and, therefore, un d er plaintiff, and to that (kill, fpiiit, and diligence, he ready had firfficient tune for making every necefrary tended the exercire a number of days, as prefctibed the provifion that no Aa was altered. but fuch ai delivered it as his opinion the veffel was indebted for enquiry. What had recently happened from the ne. by the Aft. The fourth legion of this Aft applied was erprefsly ti by this Aa, that clank in the asd its fafety, and that the plaintiff was entitled to a re• glee of repairing lea walls rendered it highly proper direCtly to the cafe of this Defendant, and which he of the King, providing for else refignation or &f o wl enuneration, at Teat to the extent of soot. The that the Court Ihould Malt on an immediate coolish. was now fubmitting to the Court. for he was catered Cal of a Volunteer, was in full force. The defendant owners, however, failed to make any compenfation ante with its mandates on fuch a Cubic& ; befsdes the in his Corps agreeably to the Aft of the 34th cf the here maintained that by the rules of his Co r p s , his to the plaintiff, in confequence of which. he brought fiaration of the country at the prefent moment pre. King, and the Aft of the 4rd of the King did not diimittal was, of caurfe, after his refignation in the an vetion againft them for falvage, or for a compenfa. chided the poffibility of granting even the Righted impale any new regulation, or put any thing in the manner he made it, and that the legal confequ enea lion for the fervices rendered by him to the velfel and indulgence to the Commillioners of Sewers, if they way ofezemption to Volunteers. Parliament had kept of that was, that the order ought to be quaffied. He 4 , cargo. The Jury pronounced a vcrdift, finding that were negligent of their duty. The application was poled good faith in this as in all other cafes, for ought to add, that this Gentleman hot as much (pink the plaintiff had, at the folicitatinn of the pall . ..tigers accordingly refuted. which the Parliament of this country was remarkable; for the defence of his country as any body. He had and crew, undertaken the management of the velfel, JAN. 24.—THR KING W. DOWLIT. indeed Parliament had never attempted to violate fubfcribed three guinea, a year to the expense of the and that by his (kill and diligence the velfel had been Mr. ERSIIINs moved for a Certiorari to remove a good faith by the incrodqpion of arbitrary proceed- Corps, together with that of a good boric, &c. fit f o r lards brought into port, and awarded him vol. for Conviction before a Magiltrate of the county of Sur. ings, which he fhould venture to call arbitrary, if it retake. io his fervices in that repel. rey, in order that filch Conviction might be quaffied. did. Under this Aft the Commanding Officer was Lord ELLSAIOSOUGH, interrupting the Learned Mr. Serjeant Coteau. maintained that this verdia This Writ of Certiorari to bring up the Proceedings di/eked to tranfmit to the Lord Lieutenant. and he Camila , alked whether there was any deuce in the law f. 't• ought to be yet afide, on two grounds. Firft, on the upon Conviction before inferior tribunals, might, in trod - mils to the Crown, a lift of thole, who being Aft taking away the Certiorari ? • i plea that no perfon was entitled to falvage on account tome manner, be called a Writ of Right to the Sub. enrolled, and had attended the proper number of Mi. East INS replied in the negative. He r a id, th e of any veffel, in which he might happen to be jells of this Realm, to prevent the inconveniences days, fo that the Crown might fee who was and who reafon why he had taken the liberty of e xp re ff i ng graffetiger, his ow n per fnnal fafety calling on him fur that might otherwife be the refult, in fome cafes, of was not entitled to exemption r — and then the Aft himfelf at fuch length was, that their Lordfi l ;p s :night every exertion lie c ould ma k e , to preferve hi ns i e ll, as fummary Conviction ; and although this was ahnoll went on to provide, that in this return there (ball be have all the AOs if Parliament before them, and that , well as the veffel; but, fecondly, on the idea that he a Motion of mule, yet as it related to a fubjed uf infected the name of every perfon enrolled in every no man might imagine the Volunteers of this country was entitled to a compenfation for any extraordinary great importance, the Court, he was lure, would fuch Corps, as aforefaid, who (hall, (ince the date were difpoled to withdraw theinfeives from th e i r d ut y ; exertions which he might base made, the Learned with that whatever decilion they Ihould come to, it of the left muter run. have notified to the Cum- but on the contrary, that they felt the nature o f t h e i r Couniel cootended, that, in the pi-dint cafe, excel. Should be come to fpeedily, for which purpofe it was mander thereof, his intention of difcentinuing his obligation. He concluded by expelling a hope, that five damages had been awarded by the Jut yon that proper that the Court thould be now put into potter- fervice therein, or have been difcharged from the nn man would wills to put penal laws it s fo rce a pi n g account.. fion by him, not by way of argument. or in detail, fame en account of hi; non attendance or other- inch honourable and brave defenders of the country. Lord At/setts , recapitnlated the leading features b ut un d er certa i n h ea d s , o f t h e point which was to wife ;—and if any fuch perfon, dining his being The writ Wes awarded, and upon the return to it s t of the cafe, and laid, that though a man might not be argued on the Afts of Parliament which govern enrolled, &c. (hall be drawn in the Militia, and the quellion will be frilemnly argued. be (Wetly entitled to falvage for preferring a yard in the queftion upon which this Conviftion turned. flan be exempted on account of it (even if he had The defendant has a moil f. amidable phalanx in . which he WAS aoa fferger, it would be a dangerous Mr. p l aice LAWRENCE a fa e d, ',tut the Conviction before been exempted) he than, on filch refignation, his interett. He has retained Mears Erts angle, GAR. and an improper doctrine to hold one, that on that was for ? (what was refignation. he would afk, but notitica- a OW, Giese, and ANDREW!. The Arroasier a , d account the exertions of loch individual ought to go Mr. En r KIN!' raid, it was a Conviction on the Aft tion of dircontinnance i) ferve without Ballot, if Some:roe-CFA s a•ti will, moll lik e ly, pLad for the ik wholly unrewarded, although called for and fulicitol of Parliament of the 43d Geo. 111. e. 111, and upon drawn before, and if there fheitld happen to be no Crown. by his fellow paltengers. the 14th Section of th a t An, whi c h provided, •' that vacancy in the Diaria to which fuch put n be• 8R181RY....--MATSTERTS V. saviata, tso, The Jury h a d not in the prefent cafe found the whenever any perfon, enrolled in any Volunteer longed, lie flualld reeve as a lupernumerary. Thus A motion was made to increaf e th e iff,, e , i n an plaintiff entitl e d to f o lvage, but 'merely to a compen- Corps in Great Britain or Ireland, (tall have ne- the Aft of Parliament hated what the refignatien aaion againa Mr. Saville, ri d e r.,,,, Chriftopher A t . , lizi.ll for hi s (kill and incluilry ;he having, at the gleeted, er refilled a demand made fur that purpole, Ihould be. lie knew it had bees sometimes thrown kinfim, for bribery at the late H e eda n El e ai nn . I t ..e1.,e.1 of thof e on board, taken on himfelf the chi to pay any firm of money required by Rules and out, that AA% of Parliament are very loofe in their was listed, that the objeft of t h e t e a w as to recover ii.!r-. of Captain of the vehTcl. Had he not under. Regulations, &c. towards defraying any es pence of wends, as if the words of them were, Idmecimes, three penalties of 58 noel. 48,00 0 1. an d 3 6, 00 0, and 1 .o te t, thi s re fponfible fituation, he might have elcap- the Corp. to which he belongs, or to pay any fine or not the meaning of the perfens by whole authority that the defendant, having b e en f u m m a nc a as a m em . ad. By under taking that duty, however, he became p en alty, &c. then, and in loch cafe, it (hall be law- they were enacteo, as it words got into fome of bet of Parliament, had barricadoed his }mule, to l ound to coloristic in the wail, and became liable to tol for any Jonice of the Peace, reading in or near them as it were Icy chance ; hut here the Aas were avoid being ferved with any other procefs ; he t-ael !'n itelian of damages, had he miteondireted hunf e le t h e pl a c e where fuels Corps (hall be, &c. to cattle Flair on the robjeft of exemption. The Command- made it a Ferret Maifon liar.? i and when any rd . a 'ri le l earne d J u d ge c ould hardly think that the die. the fame, together with double the amount thereof, I log Officer of the Carps WAS to make a return upon knocked at the door, a fervent h a llo we d f rom t b e a p ranges in thi• cafe were execifire, having been award. to be levied by shard's, or Cale of the goods and I his honour, which, he had no doubt, was equivalent that lbe had direetians not to teccive any fllefraZe or c d by a J ur y o f Lo n d on m e rchants, who could not he chattels, &c. of filch perfon, &c. The fum fo le• to an oath, of all Perfons who may have been dif paper. It sea, further m ee tian e d, that t h e Fa a . s e . prefunied to incline to he too LtvottiAbic to a Claim vied to go to the general Rock ot the Corps, &c. charged or may h a v e qu i t t e d (i nce t h e d ate o e t h e IA „ moor ma d e i t a p e „,oi :e t.i enthoe his Cal , ie Oil ,h: tiro like the prefent; and the defendant himfelf having Th e Gentleman on whole part he made this ap- mutter roll, and then, the moment that a perfon had day of T e rm, and throw it open on the late. elate:red his conviaion that the plaintiff was at least plicvion to the Court, was f i ned by a m ag oo rae , , n I quitted the Volunteer Corps, all theother compulfory The Corot diretted that soh might be levied on entitled to zoel. The cafe, hOtscver, b e a ts o f imp, t h e B oroug h, a fi ne which would have been duly or- services attached upon him, and he WAS liable to rcn- each peLalty. - tance, the rule might be granted. dered, provided he came within this Section of this I der his fervices to the State as the Law of the Land ---- ' ' Mr. plaice ROOK i concurred in the opi n ion Mi. .aft a t Parliament, for it was under this lath Sec- • required. wady in the fame manner as it he h a d Vetlerrlaw Frarcis Smi.h, convietee at the left Sef- ' vete. by L or d Mt. hetj,.atit Slit sot FRD for the plaintiff, inflanced aeaintt this Defendant was tried. lie WAS called laid he ( boo" not argue tics cafe at prefent, but inerfrohh, received ais Majefty's peidon on cunait• em c cote i i , o hi c i, talsage had been claimed is the apt Oir his Daence, when he admitted all the fan: merely Hate the Statutes hi their order, that the of b e i ng imy ar a ne d one year. aim of Adniiralty, by part of a cr e w a a,, laia larti-I in the inormation—namely, his internment in , Caurt might fee th e v i ew o f Parliament d m _ ug h o „ t L Ai l y on M,.nday merriag a Cereinel on dtity in ~ ..n tin the captors and waken the vette'. 'i he the Suites - Ca v alry, and his ablarce frnm the drill, ' this fervice. This aft, %%Lich he had jud recited, the (teeo's Gaiden aas d o atleep, ard 'was . wners tontcrolcd, that it WAS the did :y (.0/ the crew to an d t h e d eman d of paymint ti buts: b ut hi s d e . 1 was paced u a moment when the er.amy meditated,. takers a prifuner by Captain HILL to we Battaglia.