The Sun.
London, England, 1839-10-18 00:00:00

SHROPSHIRE SESSIONS.

At Shropshire Sessions, which commenced on Mon-
day, the recent Act permitting Magistrates to establish
a paid county police force came under the notice of the
Justices assembled to transact the finance business.
There was some degree of hesitation in the Court as to
putting the Act into execution, one Magistrate esti-
mating the expense to the county at 10,000/. per an-
num ; some of the Justices observed that as they were
the parties most zealous in proposing the measure to
the Government they were morally bound to put the
Act into operation. A Committee of Magistrates was
appointed to inquire, consider, and report to the next
Sessions. The Duke of Sutherland, lately created
Lord Lieutenant of Shropshire in the stead of the late
Earl Powis, was present, and the external respect shown
to his Grace on his introduction, by certain of the Ma-
gistracy, is not a dignified sequel to their own preceding
conduct, and the sneers and insults of their creatures,
sanctioned and encouraged by some of them, particu-
larly the refusal to drink his health at she late dinner of
theSalop Conservative Club. _

On Tuesday a case of rare occurrence came before
the Sessions, being an appeal by a publican of Ludlow,
named Vaughan, against a decision of the Justices of
that borough, who refused to renew the appellant's li-
cense. It appeared that Vaughan had he n summoned
for having his house open during divine ser"ice, and fined,
and for a second similar offence he was fined 10s. and costs,
and the conviction filed with the Clerk of the Peace for
Ludlow. From this conviction Vaughan appealed to
a recent County Sessions, who not having the record of
the conviction before them, nor a certified copy from
the Clerk of the Peace at Ludlow, dismissed the ap-
peal, and thereby confirmed the decision of the borough
Magistrates, and made an order for Vaughan to pay
costs to the Justices, amounting to 161.
Vaughan not having paid the fine or costs, nor attended
himself at the Licensing Sessions held last month, the
five Magistrates present refused the license, but agreed
that if Vaughan should in a week pay the fine and costs,
then their refusal should be withdrawn. On that day
week three Magistrates were present, when a conver-
sation occurred, and it was found that Vaughan had
not paid, on which nothing further took place, and the
present appeal was brought in consequence. The
first defence on behalf of the Magistrates was, that the
refusal was the act of the five Magistrates, and that
three only had received notice of appeal. ounsel for
appellant with much ability urged that the refusal was
the act of the three Magistrates only, and that they
had been served with notice. The Chairman (Hon.
Thomas Kenyon) gave his opinion that the notice was
insufficient, the five Justices being entitled to notice ;
but several of the Hon. Chairman's colleagues dissent-
ing, the Chairman remarked that the Court had on that
day committed a high constable for non-payment of
county-rate, but suspended the actual imprisonment
until the end of the Sessions, to give time for arrange-
ment, which was a case in point with the five
Ludlow Justices allowing a week's time for reflection.
This remark of the Hon. Chairman not availing, he took
the opinions, by vote, of the Magistrates, of whom a
great number were on the bench, and the majority de-
cided that the notice of appeal was good.
Mr. Phinnore, counsel for respondents, asked the
Court to grant a case for the opinion of the Courts
above on this point ; and the Chairman stated his opi-
nion that it should be granted according to the usual
practice of the Court in cases where they had not ar-
rived at a unanimous decision, but a division took place,
and the Chairman was out-voted.
The Court then went into the merits of the case ;
Mr. Wedale Corbett for the appellant, argued ably
that it was illegal in the Magistrates to make the pay-
ment of money, however justly due, a condition in the
granting of a license.
Mr. Phillimore, for the respondents, denying the
fact of such a condition, stated forcibly that the pre-
vious offences of Vaughan, with his refusal to obey the
orders of every Court of Justice which had inquired
into the case, showed that he was such a person as
the Magistrates could not, in the exercise of a con-
scientious discretion, entrust with a license, or calcu-
late upon for obeying the laws for preserving public
order.
The Court, however, on another division, rescinded
the order of the Justices of Ludlow, granted the license
to Vaughan, and ordered the costs to be paid out of
the Ludlow borough fund, as well as the costs the
Justices had been put to, so as to indemnify them under
the powers of the 9th Geo. IV.
Attorney for the appellant, Mr. Williams, former
Town Clerk of Ludlow.
Attorney for the respondents, Mr. William Downes,
present Town Clerk of Ludlow.

The new Corporation and Justices of Ludlow are
Liberal, and the town is now represented in Parlia-
ment by two Liberal Members, by the exertions of

Mr. Downes, and other good Liberals. Mr. Downes
also, in 1834, canvassed the county of Salop for the
office of County Coroner, and was vehemently opposed
for being a Liberal in pi ; but after ten days'
polling of near 7,000 freet'iolder3, obtained a majority
in his favour. Upon the se facts having any connec-
tion with the recent decision, it would not be prudent
to offer an opinion.