The Sun.
London, England, 1825-01-25 00:00:00

THE RING ✓. A MAGISTRATE OF SALOP.

Mr. Castristu, moved for a rule calling on a Magistrate of
the county of Salop to shew cause why a criminal information
should not he exhibited against him. He should state in the
onset, that the affidaVits afforded no direct evidence either of
malice or corruption ; but it would, be for the Court to deter-
mine whether they must not infer some improper motive from
the conduct which he should lay before them. The applicant
in this case was Mr. Lloyd, a person in a respectable situation
in life, residing on his own property, and cultivating a large
farm. An act had passed for inclosing certain waste lands in
the parish where he resided, and he became the purchaser of
two of the allotments. It would appear by a plan (which the
Learned Counsel handed to the Bench) that a new road had
been set out by order of Magistrates ; but this road affOrded
Mr. Lloyd no access to his allotments, except by a very cir-
cuitous route, or by going across his own lands. At the bottom
of the old road was a gate, through which he was accustomed
to pass, but he was now surprised to find it fastened up by di-
rection of the 3lagistratF, and a notice affixed, that this was
done by order of the Sessions. Now, in point of fact, the Court
of Quarter Sessions made no such order.
The Loitp GitiEr J u STlcE—But may not the term " Ses-
sions" mean Petty Sessions ? By the last act, Magistrates at
Petty Sessions have power to make an order for diverting timed,
though it must afterwards be enrolled and confirmed at the
Quarter Sessions.
Mr. CAMPBELL submitted that the term " Sessions" must
be taken, in its popular acceptation, to mean the General Qua-
rter Sessions of the Peace. On the 22d of September Mr. Lloyd
went to the gate, and broke away the chain. Nothing further

PRICE SEVENPENCE.

occurred till the WI of November, when an oiicer came with
a warrant against Airs. Lloyd, and took her into custody. Bail
was offered, but refused ; she was obliged to walk, in a dark
and rainy evening, eight miles to Bishop's Castle; and, on her
arrival, it being too late to go before a Magistrate, was obliged
to sleep in the same room with the officer, in a bed without
curtains.

The Lorin CHIEF Jastrict —Do you bring home these
facts to the kanwledge of the Magistrate ? because these are
the aggravating circumstances.
Mr. CAMPBELL replied, that his affidavits did not state that
the Magistrate knew of these circumstances. The next morn-
ing she was brought before him, when he said that unless she
would buy the lane he would convict her in the penalty of 265.,
under the Act commonly called " The Wilful Trespass Act."

.
The LORD CHIEF JU w STlCE—Against whom as the tres-
pass said to be committed ? .
111r.C.A3truELL said, that he was not informed on this
point, but he-supposed against the commissioners, in whom
the soil was vested.

Mr. Justice BAYLEY—The Magistrate does not claim any
interest in the soil ?

Mr. CA arrisrLL sata.that he at least offered to sell it, and
pressed Mrs. bloyd, and afterwards her husband, to purchase
it. The case stood over till the Bth of • November, when Mr.
and Mrs. Lloyd again appeared to answer the charge. The
Magistrate repeatedly urged Mr. Lloyd to purchase the lane •
and, on his refusing, and. urging a right to use it, convicted
Mrs. Lloyd in the penalty of 265. Now, the Trespass Act
itself invested Magistrates with very large and dangerous
powers; but it was qualified by a proviso, without which it
would be utterly intolerable, to prevent its application to any
case where there was a claim of right ; so that it was scarcely
possible the Magistrate could honestly believe that he. had ju-
risdiction. A distress warrant issued on the conviction, against
the goods of the husband, tinder which a cow was taken. The
Magistrate who had thus acted, lived 8 miles from the spot,
and was not in the habit of interfering in the business of the
enclosure.

The ',our) Cif lEF JusTrcE.,-Does your affidavit state that
no order for stoppirunp the road was made at the petty ses-
sions ?

Mr. CAMPBELL replied in the negative.
The COURT consulted for a minute or two, and granted a
rule to show cause.

THE RING V. CARLTON' AND ()Turns

This was the rule against the British Press for a criminal
information at the instance of Sir George Chetwynd, which was
partly argued two terms back, and in which Mr. Russell still
remained to be heard.

Mr. RUSSELL stated, that he had received the peremptory
instructions of Sir George,f;hetwynd to press this case to a de-
cision. He theretbre entreated the Court to fix a time Ibr its
further consideration, as, without such appointment, it was
not likely to be called on at a time in the day when it could be
heard. _

The Lonn CHIEF JrsTicE said, that he and his Learned
Mufflers would consult with Mr. Justice Bayley, who had left
the Court, aiki try to fix a time for the discussion.

IN TILE MATTER OF ROBERT ESQ.

Mr. MEREWETHER beged to mention the case of this
who had been hve years a prisoner in the rules of
the King's Bench, and against whom, in consequence of vio-
lent behaviour towards Lord Darnley's family, an order had
been made, directing the MarShal to refrain from granting him
day rules. The Learned Counsel now prayed that this order
blight be rescinded, on an affidavit that i\lr. Bligh was afflict-
ed with a chronic . disorder, for which warm bathing was re-
bonimended, and that he had no intention of annoying anyone.
The Court inquired whether the affidavits stated that a warm
bath could not be obtained within the rules.

Mr. AIEREWETHER said they did not; but perhaps the
Court would allow him to mention the case again.
• The COURT said it would require a great deal to convince
them that a warm-bath could not be obtained within the rules.
Mr. MEREWETHEIt took nothing by his motion.