The National Register.
London, England, 1823-05-05 00:00:00

LAW I N TELLIG ENG E.

-COURT OF KING'S BENCH.
.MONDAY, APRIL 28.
Mr. Campbell moved that • person named Joseph Garrett,
osommitted to prison by • magistrate of the county of Stafford,
on a charge of manslaughter, might be admitted to bail. The
circumstances were these :—A person of the name of Isaac
Whitehead, had tresi,..seil on a field in which geese were kept,
nod through which there was no thoroughfare ; and whilst in
act of climbing over a fence edjoining to the Birmingham
renal, Garrett att-ittpted to lay bold of the deceased. who
struggling to exiticote himself from Lis hold, accidentally fell
*tick auto the water, and as he, Garrett, had never learned to
swim, all lie could eo watt to call fur aaai.tance, which arrived
too late ; a surgeon was likewise sent for ; but the deceased
basing been aoove ten minutes in the water, Isis exertions writ
toeffeeloal• The learned counsel slated Dirt, a coroner's inquest
having ant upon .the body, they had returued a verdict of
'• Accidental Death ; notwithstanding which the magistrate in
question had committed Garrett on • charge of manslaughter.
The defendant has a wife and seven children, and is unable to
defray the expeece of being brought up ender • habeas carte.
On these grounds be moved that the said Joseph Garrett be ad •
witted to buil ; and that the proceedings of the coroner's
inquest be breuglit into this Court by certiorari, in order
that the defendant might be thereupon discharged. The Court
granted • rule Nisi.
THEiLltiO V. THE UNIVERSITY Or CAMBRIDGE.
Mr. Setgeant Len. showed cause to a rule obtained on al
former day, why • Mandamus should not issue in the University
of Cambridge to append Thomas Jeplison, Esq. Professor of
Mineralogy.
The Court directed the further bearing of the argument to
come on the first thing to-morrow, and then adjourned to sititt
Nisi Prins, on causes its the first instance clti,fiy undefended
WEDNESDAY, APRIL 30. '
THE MING a. BOWER.
A role had been•obtained, calling upon the defendant to spew
cause why lie refused to serve the office of constable in the
borough of Lancaster.
• It appeared that Mr. Bower refused to serve after he had
be,:n called upon in the seguhar way by the corporation -to exe-
cute the office, and in cuusequeoce of that refusal paid a line
•:' 51. b.. Bd.
The Solicitor-General this day contended, that the defend-
ant hoeing paid the line, was justified in considering himself
released.

The Lard Chief Justice cad the Court, after hearing the
arguments on bolls aides, decided that the payment of the line
did not release the party from his liability in dischare the
:intim: of the corpnrstion. It was intendedito in wee a prompt
obedience rather thee exempt the putty.
SENTENCE OF TRANSPORTATION.
WRIT OF ERROR.
Mr. D. F. Jones moved a writ of error in this, which was
an indictment at the Quarter Sessions, remoied into this court
by certiorari, for a interlemeturour, on which the defendant MA*
44,Irsead 6e:lty, and sentenced to transportation to New South

THE NATIONAL REGATEtt

Wales, or ore of 'the Weida adjacent."' The learned counsel
then said, lie moved upon this ground--that the above sentence
was imperfect, itiasmunb asilie several acts of Parliament sow
in force authorising transportation. but that the sentence should
ram thus:—.. to such place beyond the seas as his Majesty in
council shall think proi.er ;• or to suds place as the King stall
appoint."
Lord Chief fustice.—Your objection to She sentence is in
point of form only ; I don't say, however, that The defendant
is net enti'led to avail himself of mach informality, but as this.
is a matter that demands contideration, the court would direct
that it should be solemnly argued, by calling on the Attorney
I or Solicitor-General to skew cause to the rule.
Mr. Jones requested it might come to be argued this day
se'onight ;to which the anon agreed. Reis Nisi granted, •
Tilt ZINC o. TIMMAS RAY& .•
This was a cenviction of Mr. Kaye, a master clothier, under •
12 Ceo. 41., a 34, Itir ',tying a workman in goods instead of
money, in contravention of that rot which was painted to pro-
tect workmen from the evil of bring compelled by their nits-
ters 'it take part of their wages in goods. In this case the
master originally coutraoted with the workmen to payle goods,
and the question was—whether the statute prohibited such a
contract, or only Wheled a penalty on the muter who, having
agreed generally with his servant for wages, paid him alter-
wards otherwise than is money.
Mr. Solicitor General, Mr. Comma r segment, and Mr. Tin-
dall argued that the statute prohibited all payment etoept by
money, even when auell satisfaction was gives in pursuance of

a previous contract.
Mr. licarluit and itle.-Littlechle contended, on the oilier side,
that sects construction would be absurd, unjust, and io mauifes
restraint of commerce.
The Court suggested that there was a technical error-in the
conviction which wan fatal, lusamach as the words of the sta-
tute were not pursued. They therefore cowshed the proceed-
ings, without giving soy opinion on the mein point raised for
their derision. After the judgment had been given,
The Lord Chief Jestiee restarted, that the eels en the im-
portant subject of masters amliproirketea were extremely cal-
cult to construe, from the uncertain wording aid the come-
plesill or their prosiaioe*. As be observed three gentlemen
engaged in this case who bed seats in Parliament, ke hoped tae
might effeually draw their atteation to the state of a. brands .1'
the law so important to the public interests. He thought it
right to point oat the evil, but he would not presume to suggest
the remedy.
tHE ttens u. SOHN hanetroatt.
This ease which has cashed very cut.sidereltle interest in,the
county of Flint, came an-to-day oa a rale to show cause *by
an order of Justices for that roenty &mold not be quashed...--
The order was for levying MI. es. 6d. bra county 'Mooted
applying the same to the repayment of monies advanced for the
UM of the county by Messrs. S.nkeys and Lloyd, bankers
Holywell. The frets of the ease, as they appeared on the
former proceedings in this Court, were shortly as follow t—Mr.
Wynne, the late t for the county of Flint was empow
ered to borrow 1,0001. for the prosecution of certain er.tarty
works. Messrs. Sankey and Lloyd, bankers, on the faith of
this poem., advanced same from time to time, and received
payments from him—and, though they advanced more than
1,0001., the sum in arreer at any one time never amounted to
that sum. Mr. Wynne became embaressed—bis accounts were
railed for, and his life came to a sudden and melancholy alone.
At this time he wait indebted to the county between four and
tire hundred pounds, and the balance against bun on the county
account with the bankers was above 2001. The order in ques-
tion, was mole to provide fur the remuneration of Messrs.
Sankey and Lloyd fur part of the sum thus advanced by them,
on the supposition that they possessed the security of the
county to the extent or 1,0001.
The court, without hearing the cuonsel against the order,
expressed their opinion that it could be supported. It might
be a herd case to Messrs. Sankey and Lloyd but if they had
not continued to make the advantages, Mr. 1/4'Vynne's default
would not have been evident, and he might have been called
on to refund the sum which was due at his bands. Bevides,
they could not direct an assessment one year for past expeuses,
and therefore the order must be quashed.
Rule absolute for qualifying the order.
FRIDAY, MAY 2.
THE KIND V. CHURCHILL.

The defendant was brought up to receive the judgment of
the Court, having been found guilty at the Kent Assizes of a
misdemeanour, in making • signal oii the coast near Polkstone,
for a smuggling vessel to keep off, and thereby avoid the
revenue officers.
Mr. Justice Bayley delivered the judgment of the Court ;
and having animadverted upon the mischief which must arise
from open defiance of revenue laws, aenteneed the defendant
to be imprisoned three months in Maidstone gaol.
fox .KING V. NORM*,
The defendant also appeared to receive the judgment of the
Court, hawing been found guilty of • riot and rescue of his
brother, who bad been seised by the officers in a smuggling
transaction.—The defendant was sentenced to be imprisoned
six months in Maidstone gaol.

COURT OF COMMON rLEAs.
TUESDAY, APRIL 20.
Nis Majesly's warrant, pursuant to so act of Parliament
passed io the second year of the reign of King Ceorge IV.,
empowering the Judges of thin Court to sit in the vacation be-
tween Easter and Trinity Terms, at Sergeants' Inn, West-
minster, or any other convenient ',lave, to bear and determine
'dame, whether on the Pleas or Crown side, was read,
Tke Lord Chief Justirie laid, that with reference to his Ma-
jesty's warrant just read, it was mnterial for the despateli of
business at the end of the term ; and there being many mat
lets now pending from the accumulaticu of causes which other-
wise cannot he despatched during the present Easter Term, it
therefore became expedient that two or more of the Judges
should sit in Banc after the Terms of Easter and Trinity.—
W kilst hi► Lordship would sit to try causes at Nisi Prima in
this Court, the other Judges would be in an adjoining room in
the Guildhall of Westminster. On Wednesday the Sittings
after Term would commence at Westminster ; and on Thursday
the Court would adjourn to Guildhall, London, where it would
sit for a week, and thenteturn to Westminster.
BAINES e. SBEARMAN.
This was an adieu brought to recover damages for slander-
ous words, in which the defendant had imputed to the plaintiff
that he had set fire to a mill which he had rented. The case
was tried at tile last Summer Assises before Mr. Justice PArk.
It appeared from the evidence that when the plaintiff's fa-
mily were roused in the morniug by the alarm of fire, it was
found that two panes of glass had been taken out of the win-
dow in the parlour, • pistil was found near the premises, and
there were some oth.r circumstances which gave ground for
that belief that the lire had been caused by an incendiary. The
proof of the slander was, that on the market day the 'plaintiff.
his brother, the defendant, and some other parsons, being

together in a public house, the ootrversetioe tamed epos the
fire, when the-defendant, addressing the plaintiff, seed weeds
to the following effect :—" It barn been reported that I et my
brother, or you, let fire to the milli for myself I tan swear
that I did not, I am sure my brother did not, audit tumid only
be yeti." Upon this the pleintiff 's brother observed, " yoi
might as well say at once that my brother did set tire to the
mill," to which the defendant replied, " well then d—e it I
do say I believe that he did set fire to it, and 1 shall not be-
lieve otherwise until be prove' that be did not." - The Jury
gave 1001.•damitges to the plaintiff, which verdict it was sow
coutended wee not warranted, by the evidence, inasmuch as the
words charged had not bee. sufficiently proved, and that their
import, supposing them uncontrsdicted, was equivocal.
The Conn declared themselves of opinion, that the whole
qoestion had been properly led to the -Jury, and that. they saw
no sufficient grounds for disturbing the verdict that had been
• given.

. - -
A tote for a new trial refined.
MIDDLESEX SESSIONS.
ADJOURNMENT DAY.
PALMER'S PEINOIPLES OF NATURE.
THR 'RING sosreu wanton.
The defentlmt stood indicted for a profane
libel of and concerning the Holy Scriptures, sod calcu-
lated to 661'one-same into hatred and contempt.
William Smith stated, he is a Row-iireet ulcer; on
the 6th of March last he went itatifthe defendant's shop
in the Strand, and asked for Palmer's Prinetples of Na.
tore." The defendant' said he had not-pi it separoe,
hut bound up with "Tie Defst." Witness accordingly
pe : the 'nice, t/s. 'fur it.
Cross•examined by the defendant.-.-Has been a POlice
Officer four }elm There was little [my in the shop
wide the deiintlant when witness bought the boot.
The passages were read by the clerk.
Purton, ninother Bow-street odicri, was called. Se•
vital questions were put to h in by the defendant, to
Which he would not return direct auswers, alleging it
did not concern the case.
• Mr. Bolinnd saA, that was all he had to oirdr on the


past of the prosecution.
The defendant conducted hi, defence. He was stir.
rounded -with books, documents, Ike. from .s hide he
s iid he 'would quote passages in the course of his ad.
dress he had to make to the Jury. iie the delivery of
which be had made sery strong remarks upon the 01.1
Trstaturnt, particularly the 31st of N i hers, which
dress forth the interference of the chairman, whnitated
no deccnt mats could sit and hear it. The defendant
maintained the charge of blusptietny had not been suf.
ficiently establisked, and called upon the Jury by their
verdict, to nroutotr this book, and not suppress it.
The Jury instantly found him guilty.
Tim Cnatrutan pluceeded to puss the sentence of the
Court upon hint, which was, that he should be impri•
suited one year iii the House of Correction, and at -the
expiration of that time to find sureties for his gond be-
haviour for two ye. rsy himself iu 1001. and two others
in 601. each.
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