The British Press; or, Morning Literary Advertiser.
London, England, 1818-11-04 00:00:00

COURT OF CII.4NCIMF, L•utotk's.iax, Nov.

The Loco ruANGLi.i.on came into C"iort this
itinr.ing at iWell'y mtout;a past t. op. The
Cl)11111,0 Mid SoilC.tairs were «tows, spas ohshricg
-
sirr,eiar. ont or artin.ct to the memory of Sac
SAMUt.t. ItuttlLLY, vdPnit (10 y 10o0.0iest 04 d
repincird lor I.is inolcorion.Ll alchtits, nod toted
for his kiwi and

()u the Loup :eollog the Court,
permni 111141rt444ril him, 11.1Ve 1144:
honour 1411/rebel), Ile your 1'r11444444, C41411*
1414111411;! ut the 1:41/14111C1. ILA. eft,..ffi Officers uf punt
Court."

'l•he LORD CHANCELLOR—"I %11 rend it 1.1
thy cottrpe °I the tidy, mitt answer it to-morro‘v
mothitig." 110. Lutd..hilt lira to•e
much ulfecierl. the tears rolled duty., his cht oat
he left the Court.

1116 Ilutiuur the VrcE-('H4XVF r. Loa dtil riot bit.

LAIV INTELLIGENC!.:.

COURT OF KING'S BENCH, NovLmcilt 1.
Slitingt «I Serjeanes- Hal, before ,'Gr. JoAtire
ii,tve.tv, ilk. Justice Ausur. r. and Mr. Just.re
lloLauVo.

MANTON t. ME1.1.131i.
This action Wee brought by the a C 11...
firmed guti-mskrr, to recover ri ti a I).ftualuoi,
an officer in the army, the value or a fooling-pit-4e.
The circumatances were !hese : —Cs:opium Mrdiah
:rave all order to the PlJitototE Ito no tke I ts luvbia
sii2-piece, which unb to he vent to him, in York.
shirr, where lie resided when the outer uas
S time after hr was obli,ged to join hit. regietirut
iii Poring tl, awl, iu ooua tluruce. he mote tfj All.
Thomas Alellibh, rrtlnrsnuK Il:In to inform the
tittliff, that the foaling-piece sootaid be trot to
Ina (I)elendmit'!.) agent, Mr. Liodegien, at Port*.
month, who would ship it for Portlig4l. %Volt tln4
mandate the Plaintiff eosatt,ited, and die fowling.
piece wit+ regularly 'stoat Ittil Wheat it arrived at
Purt%mnuth, however, the Co-tout-house Office'.
arited it, as it was uulawCul hr export Urfial without
a licenbe, and no licrube Math been oh:anted. Chide
3lenivh, oterer Ita%ing received Lire Hutch-, rtfooKed
to pay for it, and !tie Pltentldi bontigtit his eterttun,
in which he succeeded.

It was now sought to set aside tl,e verdict and
to procure a Hew trial, on the gromol that the
being the urlrr of the at tan,, ought to
have procured a licen.w, and ty.ty thhi; ntLessaly
to the effecting the rsportatitto It
Ott the other side, tt w.,a argued, th it the Plain-
tiff had manufactured the Ina Inte-pit. ce, without
au)• circa WildleVer 10 exportation. lir Was di;vord
to send it to Yolk.lutr, hy the Defendind, who
afterwards countettnitole,l that order, and wodie.l It
to he pilaw] in the Vl4l'e of AI•.
alone—the Pki.itiff obeyed los directions—and
w s no further arCoU citable.

The Count held that the Plaintiff having done
nll that he wit 4 required to du, was no further re-
sponsible-s-and th.d, therefore, there *us uo ground
fur disttithing the verdict.
LLB th BRIDGER.
111 thin case, the Plaintiff, r gentleman farmer,
brought an action far fulbe imprisonment alpinist
the I)efenilint, a Justice of the Prtscr, which
waa tried at flushuiii„ when a verdict was
given for the latter. It appeared that the
Plaintiff' had been ordered, on some °minor.,
the nature of which did not appear, to rhint
securities to keep the peace, himself in .5001. end
two suret4s in 450 t. each. lie et.tereo into his
own security, and lie alma procured one of the 4.501.
suretier, hut, at the moment, lie was Ulithlr to get
the second. The I)eleiulnnt, consequence,
made out a warrant, committing hint In the nearest
house of correction, for two }V.114—(.11141 nut until
lie could procure the additional buret)) —on the
ground that lie had refused to enter into the se-
curity required.

_ .
The CoStStoN SEILJEAXT this day contended
that the verdict could suit be maiishainrsi.
as the Defesidaut had itiflietetl a punishment a hieli
exceeded hi. authority. By the Act of the 3d of
Fleury VII. the recognizance. were returnable at
the next ensuing Session, which clearly ',roved that,
in default of entering into security, the imprison-
ment could not be for a longer time. The Alagiv-
trate could only procure security of the peace, by
recoguitance—and, if the person called on could
not ur would not enter into recognizauce, the secu-
rity mutt then be some place of imprisonment.
But the warrant of commitment, and the recogni-
zance, must be co-extensive and commensurate
aith each other—and that warrant which went be-
)oliel the extent of the recognizance niust be ille-
gal. The Magistrate certainly could riot bind a
man longer by imprisoomenr, than he had a right
to do by recognizance. It was monstrous to sup-
pose that a nisn, refusing to enter into recogiii-
zances to keep the peace for six months, that being
all the necessity of the case required, could legally
be imprisoned oue or two years, as a puidshitient
for this default. If the Magistrate could not take
recognirsiice for two years, and, by the Act of
!teeny All. he was debarred from doing so, neither
could he imprison fur that peiicol. If the contrary
were the fact, he might imprison for is r. The
Act of Ileury VII. was nut a mere directory
statute, but a compulsory one, having a great legal
object in view, namely, the giving persons, com-
mitted for %ant of sureties, all oppuittiiiiiy of ap-
pealing iu Court, at the next Sessions, and giving a
statement of their case. Ile should be extremely
sorry if a contrary principle of law were now to be
which was stianifestly op-
posed to the Bill of Rights, one of the prOVISImi4
Ur a hltil was, that no man should he held to exces-
sive bad. If tins verdict were suffered to blood, a
viogle Justice, hiving asked bail which it was no-
pus-able to procure, !night, by his wit lent, coirrniie
all individual fur life—a proceediug which voila
nor be justified tinder nuy circumstances. Tilts
present, he contended, was the proper farm of ac-
trim. If the Magi.traze had exceeded his eutlii•-
rity in committing, air injury was the cutivegurlict,
and she complaining party had a right to ilia acii..ii
for false iniprisoinnent. The Learned Geisileioi,is
fortified himself by quoting the authority e,f *L-1,1
!Lie and other elislttriii
1;!, TMIDY nrgui

ttruit wrifrrs.
ircl, contra, first, that Ole ,% .r.
1. trCO, ti, tildl tvr:, Its a
•

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not so, no action could he against the Defecoloot
in this case. With respect to the first point, as to
the legality of the warrant, it was proper to inquire
• heiber the Justice lied or had not a right to grant
it ? That fact loud depend on his commission,
wheels they must et once examine, to see whether
the Kt/4; delegated such an authority to him.
Sow( the reign of Elizabeth, the commission, by
which all iblagi.traie4 were to be directed, was of
the same form, and was of very great importance in
this ease. By that commission alley were first de-
*trod to take proper measure" to preserve the pence,
...d elect no loesr mod determine *itch cases as might
b before them. Prratoss refusing to give
fecoorot, oe) writ dl.,tied to co eeeee itt and keep in
safe cosoody till they loulad the neceassry security.
oas 8.0 limit to the warrant. 'They were ex-
Illicitly ordered, at persons did soot find proper seen.
toy, hi the first instance, to ituinssom them till they
did. His Learned Friend argued that the commit.
meta could only be till the next Session, by the
Act of Henry Vll—but there was no mention made
of • specific period. One year or two years was loot
poiseed nut as a proper limitation, but inertly the
imbliiiite term, the nest Session. Touching this
very point relative to warrants, one of the oldest
writers says, " And if lie, A. 8., refuse so to do
Chad is to find security), then him convey, or cause
toafely to be conteyed, to the 11r3il gaol oilier Ma-
' jelly in the county—and he muy be brought before
the :testier, at the nest General Session of the
Ppm e, and ordered to declare why lie ill.' not sic)
*s." Here certainly an opportunity was given for
stating why he had not found secuoity, but still he
was to be imprisoned till lie did. With respect to
the Act of Henry I. though it soot that reeng-
'titmices were returueble tat the nest Serrault% it dad
root compel a return. There was no penalty
at-
tached to the omission. It war, in fact, to directory,
not a compulsory prosi; . The recogootz onces
might, under it, he returned at any future Session—
sod if that were the case, what became of the argu-
ment, that they must, peterupturily, be returned
at the next ?
Mr. Justice ABBOTT—" Yon mean to say, that,
if one Sessif a he passed over, the return may be
postponed for many
Air. TADDY said, that was the law, if the Alogis-
trate chose to rush it to that relent. There was olio
losolitetion mentioned in the veeiuua Cie.rs he had
hero, nor in tile law writers who had treated ou the
sulj• et. The statute of Henry VII. called fur a
returu of the recogniz trace, but did not at all inter-
fere a ith the Alagtstrate's warrant. lit the brCuliti
place, the Learned Gentlemen contended, (het,
allowing the warrant to be ill. grl, no action cnuld
lie brought against the Magistrate. The Magis-
trate was called sin to perform Various duties, some
of tlein very diff mail in their nature. Amongst
liar acit, he was obliged to act as Judge. And of,
*coil% within his jurisolettool, iu clecidiog ohs onatteis
sod things cognizab!e by Ilion, he formed an erro-
*Aeolis judgment, hr was tout lothle to nu action, fur
*the eoustqu-tiers of his error. This doctrine was
deafly supported by the case of Parker v. Far-
'qultarson, Made and Artery., 11. 4;3. That case
originated in C4.1(11111 Frutrctitllg‘ had in the
titusl Court against the Katona', who, without re-
ceiving due notice of the pooceeoluags, was a ke0111...
tnni:icettd. Ile, in coustqueto e, brought his
.:Tunis in the Kitig's Bench. Lunt Elleisburough,
VII that occasion, counuesiced Ids charge by seyiaog,
" action is vet maintainable, if the Spiritual
Court has a general! jurisdiction over hue subject.
matter." Now that a Justice of the Peace was
Jull,:e of record, was Ind down by many resilient
low authorities. He had, in that captivity, jurio.
diction over ,4110111 s 11141416 1111 d AllllOllO
the rest, lie was bound to take cogioreoce of secs.
cities for the preservation of the peace—and if, iu
judging on thst point, he bad happened to form au
erroneous opini 1111 l lie oat not liable to air action.
The Learned Gridiro's', in support of his argu-
mead, quoted copiously from the %swings of Lusa-
bat, t'romptun, loud various other great
law aulliontles.
Mr. Ju.tice Ilvet.ee—" This is a case of cosi.
saalerat,le impootaisce to M.sgladralrbit. general, cud.
clot Court call take time to tonsider of at."

~
~i

MIDDLESEX SESSIONS, Nov. 3.

After a PIP unimportant cases of aosault bad
liten gone 11prough, the Court proceeiliAl to the
atl•4l 1/1 vdKno.t,..
John Thompson, a vagrant, cumitsterl of misre-
pirentisig 'Mimelf to the tiocit ty for the Suppre.-
of Mendttity, :41141 0111:116111g ‘ariolls 131111111
front it, while ut the tame time receiving rigular
relief, Was Stlilelitril to three 1114111111$ iutpri-
•onment iii the House of Cornet ton.

Thomas Junes, a vagrant, accmted Mrs. Jane
Duff, oil the -20th of October, mar Lanitis Con-
duit-stiert, fur alms, and received fur answer that
aim had no money but a pound note, winch Junes
ward horn her, and on her taming, said lie must
have is. She %rut ii:to a house, and had irifor-
tration of this given to the pari,ls beadle, who ap-
prehended the vagrant, and brought him t• the
watch-huuse, allele be could scarcely be prevented
Irortt assaulting Mr,. Dolt.
the Chairman, F. CONST, 11"..41. tuld Junes,
that had lie but tet did iu übtaiiiing the noir, he
would have had him indicted fur highway rubbery.
lie was sentenced to flake months imprisonment
in the House of Correction.

A few other perscrub, upprtlitudtd vagrauts,
sere dipeltargt d.
The (.wall utijourued fill Thursday twit.

gettllTNl DEATII.—On Sunday lam, at his lu.nse, in
rsithmtreel, Subu, Mr. U. R. 110*Ltii, prunes, aged 31),
*Ade conversing with another Gentlamas+, hr fell down •nd
initartly expirid On examination atter death, the cause
of this uralinthuly recut was found to be tbc militate of a
large aacuriian, which had furined iu the pituctpal artery,
at the place where it I •he heart. l't.terslay tirsinig
wag appinistid for the Iraquesl. Lut Lc cut being
able to attend, it waa puatpuutd till thia

CAt.T IRON BRIM:L.—It innpoped to erect •
I•tuprodous bridge over the river Froth, at Queeta-
ferry, the hue of whirls is lii Lot gia at high-
water mark, near Newell's bin, and it to trart.ret
the ivlond of (Lurie, lit • !mint, and terminate at
the battery ruck on the north vhore. The length
atilt bridge will be one futlong, slid its latglit
stoutly feet Amor the *AMUR tide. It is to La of
out iron, urn the prineirle of viler talon.

I