The National Register.
London, England, 1819-05-23 00:00:00

LAIV INTELLIGEACE.

COURT OF KING'S BENCH, WESTMINSTER,
SATURDAY %I' 15

MOSELEY WOOLF.-.-Mr. Chitty at the rising of the Court
at one o'clock, moved for a writ ofievarififeitis, tar the purpose
of levying upon this defendant's goods anti chattels the amount of
the tine of io,ointl. which, as part of his sentence on Friday, he
was adjudged to pay to the King, on an affidavit, which stated,
that atter the sentence had passed upon the defendant, persons o❑
his behalf were employed in clandestinely removing ploperty ito
a very considerable amount front his house and premises, tor the
purpose of conveying it out of the country, which purpose would
have been effected but for the interposition of the Lord Mayor,
who had sent some of his officers to prevent the removal of the
property, part of which had been actually carried off. and traced
to the river side, in order to be conveyed on board a ship bound
for Holland. After the Learned Counsel had stated the object of
Iris motion,

Mr. Justice Bayley (the Lord Chief Justice being absent
holding sittings at Guildhall) haying conferred with Mr. Dealtry
of the Chown Office as to the practice in cases where the Court
had adjudged defendants to pay fines to the Crown, interposed,
and asked whether the judgment, as pronounced against the
defendant authorised the Sheriff to take out execution to levy die
line ?

Mr Chitty submitted, that it did, for by the judgment the fine
became a debt to the Crown instanter, the sentence being •• that
he do pay," Ac.
Mr. Justice Bayley asked the Learned Counsel if he knew any
instance in which the Court had directed a levari fiscias to issue
for such purpose ?
Mr. Chitty said he had made diligent search, and had found no
instance; but lie submitted that the Court, under the urgent
circumstances of the case, and upon principle, would interpo.,e
its authority to prevent the clandestine removal of the defendant's
property, so as to evade the sentence of the Court.
Alr. Justice Bayley.—As no instance can be found or quoted
to authosise such a proceeding. the Court can give no directions
upon the subject. At whose instance is this application made ?
Mr. Chitty replied, that in effect.it was matte in behalf of the
Sheriffs of London ; but in fact all parties were interested in such
a proceeding. The Lord Mayor's officers were now is po.scs-
aim), but unless the autl.o.ity of the Court was interposed, the
defendant's property would be at his own disposal.
Mr. JJStiCC Bayley —The Court do not authorise the issuing
of such process, but if you are entitled to it by law, the ht,v is
open to you.
Mr. Chitty took nothing by his motion.
It is said that the property of the defendant attempted to be
removed is worth nearly 10,000?. a circumstance of considerable
moment to the Sheriffs of London for the time being, win), by
the charter of London, are entitled to the line imposed upon the
defendant. _ _

Al one o'clock the Judges of this Court adjourned to the
Exchequer Chamber to tneet the tither Judges, for the purpose of
privately considering certain iximinal caes reserved on the late
Circuits.

MONDAY, :(AY 17.

At the Sitting of the Court, Mr. Hunt appeared, and moved
fa a Rule to chew cause why the Master ahould not review his
taxation of costs, in a cause when in Mr. Hunt had Buffeted
judgment by default, and a writ of iniquity wit; executed ..gainst
him at Winchester. The ground of his application ass, first,
that the Master had allowed 50/. for witnew.es; 161. for Counsel ;
and lastly, that he had only struck off from an extortionate
bill of 304/. tne sum of 171.1. leaving him to ray 178/.
The Court asked what ground he hail to objtct to the allow-
ance.
Mr. Hunt raid, he did rot complain of the Master; but the
misrepresentation of a Country Attorney, by whom the action
against him had been brought. He then handed ir. a :ong tsffi-
twit, by altich it appeared that he Lad ben mat for *each of

IC7

cotenant with respect to a farm, of which he was tenant. and in
the proceedings against him the attorney hrd introduced impri.-
Rer charges to the Master. He thercLnie contended that the taxa-
tion ought to be reviewed.
The Court obverted, that the affidavit contained much irrele-
vant matter, and therefore directed Mr. Hunt to reform it. con-
fining the content. to the taxation costs.

lie accordingly took nothing by his motion, but withdrew his
application in order to aniend the affidavit.

CONSPIRACY TO MAKE A BANKRUPT.

The flog v. Fa ih, Tate, Bodges, Brat A%. Taylor, Lame, Vi-
goy:, Sheroood, Shaw, and
Mr. GunxLY moved for the judgment of the Court on Close
defendants, who were convicted at the Sittings otter tau Term, ac
Guildhall, upon an indictment charging theta with Conspiracy to
defraud the Creditors of one John Smith, at Huddersfield, anal
elsewhere, by nuking. Lim a Bankrupt, and inducing him to
sanetiou a vast number of fictitious promissory noses, ILI mend
given by him for value received.
. .

" The ;even flratmientioved ddendants appeared in Court, but
of the remaining three, Shaw, who had auftt.real judgmeid to go
by default. had abaoduded ; and Sherwood and Brown did not
appear. 'lle latter were called upon their recc„mizanceb SAW:
their bail, but did not atelier. _ _

The Learned Judge then proceeded to read his notes of the
trial. which have already been published in our Journal.
The Court sentenced theta as follows :
Firth to IS months; Tate nr.d Hedges to IS months; Vigurs
to 12 months ; and Law, Brooks, and-Taylor to 9 months im—
prisonment in Coldbath-fields Pri.on.

WEDNESDAY, MAY 19.
THE KING V. TUE BIRMINGHAM CANAL NAVIGATION
COMPANY.

The Court was celltxl upon to decide w:ictlier an order of il.o
Quarter Sessions, which made the Proprietors of the Birmingham
Canals liable to pay parish rates in respect of that ptoperiy, wits
to be sustained. The Proprietors claimed exemption trout raten
upon the construction of the Acts of Parliament for making sal
managing the said Canals. The Judges were unanimously of
opinion that the Proprietorshad no just claim to exemption. The
parish had A vested right to rates, which could not be taken from
them. 'flit order of the Sessions was affirmed.