The Sun.
London, England, 1801-11-16 00:00:00

DO✓ER, Nov. is..

A Bye-boat sailed this morning for Calais, with
several Passengers, among whom were Lord CLAN,
wit:LlAm, Sir Ro SMYTH and Son, &c.

This aftespoon sailed the ,Prtrce of Waes Packet,
Capt. SUTTON, with Mr. /Jut., who is going as
Secretary to Mr, jAcltsoN, at Amiens ; also Mr.
WIFFIN, the Messenger, and Dispatches. -

HARWICH, Nov. Ts.

THE Prin:e. orPrgu.ste Packet, Captain 3)ttoo,
with the Hamburgh.and Brernen Mails of Tuesday
last for Cuxhaven, meetiniwith a contrary wind ar
.sea, returned to this Port, after Po;it, Friday even.

1.0 2s.;I)(YN : Printed by B UCITA kIA N 11.1. AN, (of Pow-street, Covent-Garden.
At thp Spr!-QvcicE) No. 12y Strand N,vhcte 4civertistwats, Ofders I

LAW REPORT.

COURT OF KING'S BENCH, Nov. 14

THE KING V. OWEN AND MARDELL.

This was a Case of great importance to the Pub-
lic, of which an account appeared in our Paper.
The ATTORNEY GENERAL now prayed the judg-
ment of the Court on the Defendants. They were
called on their Recognizance, but did not appear ;
their Bail 'did, and by -their Counsel prayed, that
upon payment of 10001. being the penalty in which
they were bound, they might be exonerated.
The ATTORNEY GENERAL observed, that the of-
fence of which these Defendants were conviCted,
was enormous, it was much to be regretted that
such offenders had, by the pradice of the Court,
been enabled to escape from punishment. They
were men of considerable property. They had en-
tered into Recognisance for their appearance when
called upon ; now they were not forth-coming, but
had fled from Justice ; the Bail were here ready to
pay the penalty mentioned in the Recognizance in
which they were bound ; that was not the °bk.& of
the Prosecution—The objeta was, that such
.guilty
men should be punished, not that their Bail should
pay a sum of money, as was about to be done in this
case ; this had brought into his mind an idea of the
necessity of altering in future, the form of a Recot.:
nizance to be entered into by those who may be-
come Bail for the appearance of persons who shall
be convkled of misdemeanours, in order that am
evasion of justice, similar to this, may be prevent_
ed. He then suggested an alteration.in the form of
words of Recognizances for this purpose, which
Lord KENYON said, he thought, on the sudden,
might be very good, but that the matter deserved
to •be considered ; for that Recognizance of Bail
was not ad libit4m, but was matter subjeta to the
rules of Law.—As to the case now before the Court,
he remembered it perfeElly well, a thousand pounds
fine, supposing the
,Defendants had to pay it back
again to their Bail, was no commutation for the
offence—it could not be commuted, and he knew
very well the Attorney General would pursue these
Defendants as far as the rules of Law would carry
him, because the proper sense he had of his public
duty, would induce him to go that length, and this
payment of the penalty could refer only to the
engagement of the Bail. The Defendants would.
still remain liable. Their offence was certainly
a very bad one. They were Tradesmen who kept
two very large warehouses in Houndsditch, he
remembered.. All, however, that
_could be done'
now was to see that the Recognizance was entreat-
ed into the which was the King's Re-
venue Court, and the ioool. penalty should be taken
by the Court here, and paid into the Exchequer, in
the form which the pradice. of both Courts pre-
scribed, of which he did not pretend to_ possess mi-
mite and critical knowlege, but he did not appre-
hend.there was much difficulty.
After a good deal of conversation at the Bar, the
Bail deposited the roool. and retired ; by which, as
we apprehend, they ate exonerated.