The Sun.
London, England, 1836-04-26 00:00:00

HARDY V. PASS AND ANOTHER.

This was an action for an assault and false imprisonment,
tried before Mr. Justice Coleridge, at the Chester Assizes.
The facts were briefly as follow :—The plaintiff had some
dispute with other members of his family, relative to the
possession of a house which he claimed as heir-at-law and
agent to his mother, and having been shut out, and re-
fused admittance, he attempted, at a very late hour of the
night, to effect a forcible entry. The defendants, who
are constables, took him into custody on the ground that he
was committing or about to commit a breach of the peace.
The plaintiff remained in custody during that night, and the
following morning he was brought before Mr. Traver, a ma-
gistrate and discharged. Mr. Justice Coleridge left it to the
Jury to say whether the defendents had reasonable ground for
apprehending that a breach of the peace was about to be com-
, ,„, _ _ tb,.
A rule to show cause why the verdict should not be set
aside on the ground of misdirection of the Learned Judge,
and of the verdict being against evidence, was subsequently
obtained by Mr. Cottingham.
Mr. EVANS now appeared to show cause against that rule,
and quoted Dalton's Justice, Vol. 1., page 116, sec. 3, to
show that where there are violent threats or attempts to com-
mit a breach of the peace, a constable may arrest a party and
bring him before a Magistrate. The same rule was laid down
in Bacon's Abridgement—" If a constable sees a person in
an affray, or on the point of entering on an affray, he
may carry the offender before a Justice of the Peace,
or imprison him until he has given security that he will
not commit a breach of the peace." The Learned Counsel
concluded that, on these grounds, the Judge was perfectly
justified in submitting the question to the Jury, whether the
defendants bad reasonable grounds for apprehending a breach
of the peace—that there was no misdirection, and therefore no
ground for disturbing the verdict.
Mr. JERVIS and Mr. COTTINGHAM were heard in support of
the rule. _

The COURT was of opinion that there was no breach of the
peace, which could authorise the defendants in arresting the
party. There were sufficient grounds, certainly, in the plain-
tiff's conduct for an action of trespass, and if the inhabitants
of the house had called in the constables to turn the plaintiff
out, they would have done perfectly right. But the defend-
ants had no right, under such circumstances, to take the plain-
tiff and lock him up for a night, and then bring him before a
Magistrate. The rule, therefore, for setting aside the verdict
must be made absolute.

EXCHEQUER COURT.-(THIS DAY.)

ENGLAND V. BELL.

The defendant in this case was a publican, keeping the
Mercers' Arms. On the 20th of May last the plaintiff was in
his house, and was so riotous and noisy, that in order to keep
the peace of the house, and to enable him to continue his busi-
ness, the defendant was obliged to put him out. That having
been done, the plaintiff kept creating a disturbance around the
door, and made several attempts to get in ; a mob collected,
and the defendant, unable to carry on his business, was obliged
to give him into the custody of a policeman, and he was in
custody six hours and a half. He brought an action, which
was tried before the LORD CHIEF 13Artox ; the defendant jus-
tified, and the Jury found a verdict for him.
Mr. PLATT had moved for and obtained a rule to enter the
verdict for the plaintiff upon the third plea, as it did not justify
the giving of the plaintiff into custody for the threatening to
break in and continue his annoyances.
Mr. WORDSWORTH contended that the verdict ought to
stand. The defendant was surely justified in giving the plain-
tiff into custody, when he attempted to break into his house,
when he created a mob around his door, threatened to continue
thosa.attempts, ankso put an gpd to Ole business of the defen-
dant during the continuatiotrilf4tigl4lolent conduct. There
was here an affray which had not been put an end to, and of
course such being the case, this was within the principles laid
down by the Court in the case of Timothy and Simpson, and
the rule must be discharged.
Mr. PLATT contended that the defendant could not be jus-
tified in giving the plaintiff into custody, as there was evi-
dently no riot going on, and even a policeman or constable
would not be justified in depriving a man of his liberty from
threats.

The COURT held that it was all one transaction, and dis-
charged the rule.

SHIPPING.-(THIS DAY.)

(FROM LLOYD'S.)

DEAL, APRIL 25. —Wind N. E.—Arrived the Britannia,
Leath, from Mauritius ; and City of Londonderry, Lucius,
from Dublin. Arrived from the River and proceeded the
Little Catharine, Kopp, for St. Thomas's ; and Malcolm,
Bond, for Waterford.

PORTSMOUTH, APRIL 25.—Wind N. E. to E.—Sailed the
Alarm, Roulland, for Quebec.
PLYMOUTH, APRIL 24.—Wind N. E.—Sailed the Eliza
Jane, Conney, for Batavia ; and Marian, Thompson, and Oriel,
Rowland, for Quebec.
FALMOUTH, APRIL 24.—Wind W. S. W. to N. N. E. strong.
Arrived the Reynard packet, from Lisbon, sailed the 10th inst.
Sailed the Lavinia, Jones, for New Orleans ; and Wellington,
Gillon, for Quebec.

MILFORD, APRIL 25.—Arrived the Amity, Nicholls, from
Gergenti; and Letitia, Williamson, from Charente.
LIVERPOOL, APRIL 25.—Arrived off, the Brinda,
from the Mediterranean.
CORK, APRIL 23.—Arrived the Mary, --, from London.
BELFAST, APRIL 23.--Arrived the Ardent, M'Auley, and
Iris, Cuddy, from London ; and Sarah Sharpe, Merry, from
New York.

MILFORD, APRIL 24.—The Enterprise, of Jersey, from Mar-
seilles, was fallen in with 19th March, lat. 46, long. 14, With
loss of fore mast, &c., which was carried away on the Bth by
the Amity, Nicholls, arrived here.
TOPSHAM, APRIL 24. The Britannia, from Shields, which
caught fie and was burnt to the waters edge on the 19th
inst., and was scuttled, has since been weighed.
STRANGFORD
APRIL 22.—The Isabella, of Killough, in
coming out of Balshall Bay sustained damage, and has put back.
LEM, APRIL 22.—The Countess of Durham, Banks, for
Boston, in coming into the harbour last light, got aground on
the Weir, but got off apparently without material damage.

----
The Britannia, Tinneway, from Tralec, has arrived at Gal-
way; very leaky, and pumps choked, bound to Quebec.