The National Register.
London, England, 1818-11-08 00:00:00

COITRT OF KING'S BENCH, FRTSAY, Nov. 6.

The Court did not sit till neatly half past one, when the new Lord
Chief Justice (Abbott) took Itir seat, accompanied by Mr..luitice
Bayley and Mr. Justice Ilidroyil. Sturdy at ter lib Lordship entered
the Court, he atldreed the new king's Counsel, Veisrs.
()welt, Wingfild. Horne, and Heald, successively in the following
form --•• II is !loyal Iliglinets the Prince Begetst, in the name and
on the behalf of his Majery, has been pleased to appoint you ode of
hir. Majesty's Counsel learned in the law. You will therefore take
your place within the bar accorMigly."
F w cases of plate interest CAllle on.
Mt. Scarlet movial fin leave to file a criminal information against
flic!,ard Ftocks, a magistrate in Yotkshire, on the ground that I e
had employed Ms authority in compounding a felony lets we Under-
rood) for his own profit. A Mr. Taylor, it was stated, had an ay-
current with Mr. Bentley. the whole of which had, however,
h -en cleared at a settlement the parti. s came to some time since. A
little time after that settlement Mr. '1 aylor was iirrested under a
warrant charging him with tOrgery. The charge was, that he had
Koren a bill of exchange accepted in the name of a person not in
existence. Mr. Taylor ttlii ull to deptbit the amount of the hill as
security, if by such means he could obtain Ins discharge. This.
how !ver, was refused, and Mr. Taylor was kept in custody that
Light. The next morning the parties concerned were told that they
ba.l hettet settle the business together. and Mr. Stocks stated Ciat he
hial no objeition to a bond being given for the purpose of' a sobmis-
tion of the whole matter to arbitration When the bond wits bronglit
fnr execution the next day, Mr. Stocks objected to one of t;a: secu-
rities, and asked for some other nme. At that moment it wa• rot
pobible to procure any other. Mr. Taylor was remanded into custody,
and Mt. Bentley bound over to pto..suite. Mr. Stock► aft:rwards
cameos Taylor. and told him that Bentley would eons. of to arbitration
without requiring further security. Under throe circuiusuinces an
award was nta•le,and against Taylor.
The Cita Justice said that enough had been stated to induce the
Court so allow an information.

COURT OF COMMON PLEAS, FRIDAY, Nov. 6.

Sir Robert Dallas. appointed to .iiceeed Sir Vieary Gibbs, took his
seat, for the first time, as Chief Justice of the Court of C.wmon
Pleas.

ITSORAVE V. lIIFF.DOX.

Rerrcant Copley moved for a rule to show cause why the defendant
might not be allowed costs, and he 116eharged from execution. Ile
stated that this ease had arisen from n tii.mitte between the parties re-
s vexing the costs of a aisle. Toe plaintiff had consigned property of
the amount of nt,Onul. to the detendant's father, than rci ling nt
Gihralar. At their first se:Lenient. the defendant accounted to the
p:.iintiti for As„nnol. of the ahtne slim. and the remaiauler was to he
htaihel in the kinds ot the def.:luta it till the cents of ,411.... and other
charges should be determined. After these had been defrayed, the
rlaintisr maintainod that a balance of i.tiOol. ought to revert to him,
,N )Ilie the thStsenthttlt tallt,`ll the surplus to be only 3501. An rnr.st w.,s
tr Al. d against the detendant, and being unable to procure burl to the
a %fount required, lie ItIO. MIMI *UM to pli3OO. The cause, after
every possible delay on the Tart of the plaintiff: had at lust been
haluebt to triad; and with the concurrence of both parties. it had
be n referrkl to the arbitration of :tie. Tindal, who Mond that the
whole stun due by defahhon amounted to Xti•tl. Ile made the pre-
.
sm t tootinft tinder nat. 45 or Gm If!. di. 4t.t. in which it is pro-
s• led. that if the plaintitv do net ream& the %lade stun fur which the
a, rim is raisfvl, the defen,'em shall be ;witted to costs, after deduct-
* . 0 e sum o-creharg,, .
Tbe CLxf J tigiu.t. —1 Lts the arbitrator taxed the coats?

NATIONAL REGIATPR

sere:mut Copler....My Lord, helms not autliorLi.xl to tax mats
n :legnuuted. Ma Court adjourned after having rat about half a I
hour.

SERGEANTS' INN HALL. Novemacrt S.

CTILE LireaTT or TAM IWNSECT AND DILL O 111411 T—

WILLIS V. mnivota.

Thii question, which was one of very considerable intim! t •
ante, as regards the libes ty of the subject, tame on to be
argued before their Lordships.
bIr,COMMOn Serjeant for the plaintiff. stated, that it was
au action tried at the late Horsham Assizes, and was cue In
which the plaintiff sought to recover from the defendant
dant:igen for false imprisonment. A liaise, was then reserved
for the opinion of the Court. The defetidant was is blagis•
trate ; the plaintiff a gentle mail of property, who, for some
offence with which he had heel) charged,vrhich it was unneces.
sary to state. bad been summoned before the defendant; who,
tin hearing the case, (nth.' ed him to enter Into secitritil s few
two years, himself in SOW. and two snretirs iu t'..101. each.—
The plaintiff tendered his ottn security, and one surer).—
This the defendant would not nerept, and immediately made
out his wars alit, by which he committed the plaintitf to pri-
son for two years. The point seserved was, whether this
was or was nut a legal commitment ? He was to contend that
it was not. and lie trusted should do so suceessfolly. The
Learned Counsel then pi (weeded to cite authorities from the
Law it.mks, from the reign of Henry VII. to the present time,
to 'hew that 3lagistrates did not possess this power. By law
lilies hail, he contended, use power to bold to bail, and take
reeognizaiii es, fount thdirtione of taking them till the nest
; and lie euntemkul, a 'Magistrate could not by his
wan :Int 4.0.1.5110 for a longer peliod than that for which he
could 11.6,1 to Otherwise, a Magistrate had only, to
aimeer his wan purposes, to demand excessive bail, whirl) a
det.eadant not luring aide to procure, he might commit him
:11).010114y for any period of time tie thoneht proper. In the
case of Andrew Robinson Bowes and Lady Strathmore, in
which an application was Mettle by Mi. Erskine to the Court
of King's Bench on behalf of Mr. Bowes, who had been held
to bail by the Court for a period of 14 years, on the ground
that the Court haffnut power to hold to bail for suxli a term,
the Judges indeed held that they had tha power ; but he
trusted it would not now be said, that a Country Justice also
piessented this high and 'enget cuss pi et °galley, • prerogative
which, lie contended. was in the very teeth of the Bill of
Rights and time libel is of the sit 'Ore%
hies Serjeant *faddy , on the other hand, contended, that by
the terms of their eoannis;ion, tinder the Act of Elizabeth,
and confirmed by sabseqm nt Acts, Magistrate's haul this
you cr ; and as far as regarded the present case, lie contended
nn action would lie lignite,: the Ug fendaat, inasmuch as lie
Irul been acting ooh on a subject within his jorisdiction•;
and therefore, though lie had acted erroneously, yet it was
unit an error in judgment, for which an action would not lie
ag Magistrate.

The Common Serjeant, in his reply, again contended, that
the doetaine omitended for by his Learned Friend, was an
iuva•inn of the liberty of the suhject,itnd in direct opposition
to the Hill of Right.. it it %vete once established, an indivi-
dual might be called un to give security, or be imprisoned
for life.

Mr. Justice Bayley said, s case might arse, in which it
wont(' he :accessary to call for security tar life, lle teeol.
!pried a ease in Willlll it had been dome. A person, other.
wise sane in every sespect, was, as far as related to a certain
is dividual, mad, and vowed to sactifice him %litlev er lie had
an opportunity. The Nafrty of the innocent person could
here only be set-tired by woliiiing the other, or cabin! on him
to find continual ,centiry. The pre.eut tpiet:tion was, ins.
ever, one it %cry great importance, and the Court would take
time to consider its judgment.

MIDDLESEX SESSIONS.

MONDAY. Nov. 2.

. .
C. Charnan was indicted for assaulting Isabella Hatchfield,
a girl about In years old, in the month of June last, with
invent to violate her person. It appeared that the prosecti-
dix had been nursery-maid at the house of a publican, in
Swallow street, Piccadilly. In getting water and other
ner . ies fur the children, she had sometimes occasion to
go into the tap-Poem of the public-house. On some of these
occasions she used to see the defendant, who seta fart ier,
residing in the aeighbontimod, and who frequented the
house. Elizabeth Lowe, another set vapt in the house, hitt o.
domed her to the defendant, and he appeared very fond of
her. She then received permission from her auut to visit
him; she accardiuly called at his lodging in the month of
June last, but found he was oat. A man of the name of
Smith, however, was there, and said he w ould show her where
the defendant was. She accompanied him for that purpose;
and they went to a publu• house, where tie•y found him. Slie
sat there for 4 short time, hot fiudiii the eve ' g advance,
she it fused to remain ony The defendant then pre-
vailed on her to tt mk with him in the Regent's Palk ; and
after tiles had wallsi il some distance, and got to n private
place, he dragged her user a fouler, anti executed bus in -a-
noth• pdui,ose. As 50011 at he let her go, she implored hint to
assist tier to one of the outlets of the Pall ; lie refused to
give her shit at sistabee, and poured neon her the grossest
and vilest otiose, sit!, int: 11131 311 his trouble was about the
loss of his stock, wide:, it seemed is as lost in the struggle.—
The proseenttix returned home to a frie..ti, as well tat the
C.)4111, and tit-closed her situation. It silts protect that She
cuottinneti for $4411e time in lii, gut mest agility. Her acquaint-
ances described her as a %u?% modest and careful. girl. Her
injury was proved to !save (Anil ed surgical assistance. An
attempt was mode, fin• the detsditlaut, to contradict the state.
'tient of the gii es tuutlesty, but it totally faded. The Jury
returned on instant t eritiet of—(;silty; and the Chairman,
after an'ttuadverting in tile most severe terms Oil the bratality
of the pi isoner, 'vitt:awed him to.lwo years' Otoprisunuiteut iii
Nesvgatc.

Fifteen of the Balmier linen-weavers were on Tuesday be'nnight
committed to the house of Correcting. at ‘Vaketield, by a Beta of
Magistrates, on a charge of Leavtn their wock in An unfinished state.
The men urged in their own defence. that they haul bent each master
a written notice of enslit days, pret ions to (riming their work, and
that three of their fellow workmen who laid flt,ishcd tlijr work had
he: it refused payment of the same. The weavers were inn committed
until After three distinct ()Ili's% had been made by the Magistrate, to
liberate thmn. if they tiould return to their work : but this offer
being considered by them as an abandonment of the object of their
turti-out, they decided to go to prison.
A man, named %Volk, has been committed to Durham gaol by
the magi,tratc:s of Sunderland. on suvielun of mill; Cuncenwd in
muniesiirt the servant-mid. and settinu fire to the house of Miss
Smith (now lady Pear) at flarringtou. moue years ago.