The British Press; or, Morning Literary Advertiser.
London, England, 1824-11-26 00:00:00

THE XING v. BENTHAM.

Mr. 31 shored cause against the rule obtained in this
cause. It was a question winch related to the election of a burgess
for Colchester, and the point of consideratial for the Court was,
whether the defendant was a free burgess, entitled to the privileges
of a head-luau (au appellation of a elan of local magtstrricy in
that turn.) Ilis appointment was front the Crown, and the
Learned Counsel was of opinio.l that there was nothing to invali-
date it.

The CurnT cninchled in the opinion of tie: Learned Counsel,
and waS tI rc i,re unwilling to et:rim:in the rule.—flute discharged.

THE LIED V. I'IF.LLT.

Mr. J. ll' t.Lt•m; nyplieit fur a rnietcishew cause why a eri.
Initial info:ll,4,am should rot he filed against 11:,, detendsnt in this
case. The pc,,,,a an whose behalf he e;•peart 1 1735 Jlr. Strathan,
an inhabitat.t of the borough of tVet,thain. The dcf,filant was a
Magistrate, and generally Chairman of the bench of Magistrate., is
the neigl.hourlinotl. liis client task out a lice:.te as an innkeeper
of that town. la that license there sal inserted a conilitien that lie
should not sell ports or beer; and accordingly he was obliged to
provide Lis CUSIMIVA'S whit potter and beer from a neighbouring
public-house, as he was not himself pemitted to cars on business
na a publican. lie had advanced considerably in his busine.s, and
opencd an account with Calvert's house in London; but his license
wan stopped ea the seecad year of his application for it to the bench
of Magistrates. Then the defendant was Chairman, and to hint was
principally attributes, the cause of the refusal of the license. The
license which his client obtained was not sufficiently ample, but
contained restrictions, which, according to the Nth of George 111..
I the Magistrate hid so right to impose. The affidavit proceeded

to state, that during the time that his client had the license he did
nut, iu any manner, so misconduct himself as to diseet file him to
its renewal. It further proreetltd to attribute the tlentAl I.r refusal
of it to the circumstance of a person of the name of Elst having a
similar house within a short distance of the house of islr.
who was Lord of the Manor of iVi:tharn. lharing the period of
Mr. Strathan's enjoyment of his !iodise he sold, in nee year, 300
casks of beer and porter; and it was apprehended that business
would too much interfere with East, who heretofore enjoyed a
monopoly of the business of the place.
Mr. Justice BATLEY suggested that the Alagistrate had perhaps
I sufficient reason for not rrmitting a publican's house to be esta-
blished in the place where it was sought to ',Lee it.
The 1•01 D CHIEF JUSTICE was cf opinion that no corrupt
motive had been shewn on the part of the Magistrate. The Legis-
lature vested him with the exercise of a due and reasonable dis.
cretion; and unless there were shown some corrupt act or motive,
the Court would not interfere to control him in the exercise of the
discretion that belonged to his office. r

Mr. J. W ILL 1.4173 resumed. and said, that prirdreSerVe WO-
perty was the principle ten which the Chairman re the appli-
cation of his client for the license. The Learned Counsel pro-
cerlrfl to state further grounds to warrant and support his ap-
plication.
The LORD CHIEF JUSTICE said, that sufficient grounds had
not been stated to itiduce the interference of the Court.
Rule discharged.