The Sun.
London, England, 1823-11-07 00:00:00

GolilkLAY 'v. THE DU 'CD OF SOMERSET.

The LORD CliAl4aELLOlt, just before he left the Court,
alluded to this case, and observed upon some statementsinade
relative to the marginal notes of Mr. Justice Park. His Lord.
ship said he had this Morning seen that Learned Judge. and he
had complained that the notes had been taken from his book,
having never been signed by him.
Mr. HART 'observed, that the Learned Judge had mentioned
the same circumstance to, him. ' •
The LOAD CDANCELLOIt would hear nothing more said
about these notes, tinless they were immediately returned to
Alr..Juitice Park. He had made up his mind to 'hear no ob-
servations from either side upon.this ease, until the papers he
had required were delivered to him.

VICE-CHANCELLOR'S COURT, Nov. 6.
Pint Day of Term.

The Court sat for two hours, during which nothing was taken
but motions of course.
A person without the bar complained Oa cause, in which he
had been a suitor for 15 years, and had 'spent MK, having mis.
carried, and judgment having been given against him.upon
some point which he now sought to have rectified upon an
affidavit of his own.
The 'VICE-CHANCELLOR said; that he could not hear the
motion in the absence of the other parties. He advised the ap-
plicant to have professional assistance ; and upon the latter
declaring that he could not afford it, his Honour said, that he
had only to put in the usual affidavit to 'that effect, and the
Court would assign him counsel and a solicitor, But remem-
bering the merits of the case well, his Honour thought that he
had better give himself no further uneasiness cr trouble, as it
was very unlikely that he could unsettle the 'judgment of the
Court upon it.
All that could he learnt from these, occurrences respecting it
was, that there were some parties in it of the names of -Bateman
and °reeves, and that the applicant was now prepared to prove
a partnership between them, which he had failed in doing before.

COURT OF KING'S BENCH, Nov. 6.
This was the first day of Michaelmas. Term. The Judges
took their ,eats at one o'clock. Reports on thestate of the con-
victs on board the Hulki and is the Penitentiary were read
shortly by the officer, and deposited in the usual custody.
, .
THE trisect, L. JOHN SMITH.
Mr. PLATT moved that a conviction, whereby the defendant
was convicted under 45 oec. 111., c . 121, s. 7, for Wising certain
brandy in his posiessiion, should be qua:died is insufficient and
informal. The statute imptised on any person who should be
found in the act of carrying away. foreignbrently " subject to
forfeiture outlet that act, or any law or, act relating to the re-
%%anaa custom or excise," a penalty of treble the value of
thespirite, or,of 100/., at the option of the Commiasioners by
whom a prosecution shoold be directed. The cortviction in the
present case neither described the offence with Which the de-
fendant was charged, nor pursued the words of the statute, for
it alleged that he was found conveying brandy " subject to for-
feiture under the laws 'against smuggling," and was therefore
clearly illegal.
The SOLICITOR-GENERAL for the Crown, contended that
the offence was described, as the biandy was stated to 'he con-
tained " in casks holding, seven enkers," and that the expees-
skins " laws against smuggling" included all laws relative to
the customs and excise ; and, conseqnently, on both groundi
the conviction was valid.
The COURT, hoWever, held, the conviction bad. It did not
state that the brandy' Was imported in the casks in which it was
conveyed, and therefore did not substantially describe the of-
fence, nor did it pursue the language of the statute ; for a man
might " smuggle" goods which were neither excisable nor cos-
tornable, but contraband ; rind therefore the words " laws
against smug ling" were not tantamount to " laws relatinto
the revenue of customs and excise." Rot it would not since'
even to pursue the words of" the statute ; it was a wholesome
rule that in every conviction the facts should be stated, so that
the Court might see at once whether the Magistrate had rightly
applied the law to them ; and to this rule the Court were de-'
termine4 adhere. The conviction must therefore be quashed.
Mr. PLATT then moved for the defendant's discharge, which
was ordered, and he was immediately released from custody.
ie THE MATTER or TROMA9 'THISRTELL.
Thome* Thurtell, , the brother of John Thurtell, the patty
charged ive principal its the entiraet of WCikrtt, 'Attended in
Court, in the custody of Rohm the officer, on a writ of
habeas carpi, hived' that he might be surrendered in discharge
*this' bail'in no less than seventeen actions.
Mr..CHIT TYi on behalf of the bail, moved that he might
be charged with the actions in their discharge.
The Corny inquired whethii the ariswer, of the officer was
endorsed on the writ; and, finding it was not yet endrirsed, re-
Lfteted to entertain the motion till this form had been observed,
but signified that it might be renewed afterwards.
Mr. Cuzi"r r, at a late period of the day, renewed his
motion.
The answer of Ruthven was then read. It set forth that he
'had teken and detained Thomas Thuttell, in obedience to an
.annexed , warrant, which • purported to be . issued on an
indict-
ment against Thomas Thnrtell and John Thurtell, for con-
spiring to defraud Mr. Barber Beaumont, the managing di•
rector of the County Fire.office, of 1,9001. tis. 9d., end ob-
' taining that Stun' from him in 'pursuance of such coupirsey;
Mr. BR °mac fr; for the prosecutor of the indictment, prayed
that the Court would commit Thttrtell to the New Prison at.
Clerken well, instead of to the custody of the Sheriff, in order
that he might be brought up to the Court of Sessions for Mid-
dlesex, ant plead to the indictment without delay ; or thavhe
might be remanded to the custody of Ruthven.
The COURT, after considering the subject, said that they
could not adopt the course' suggested ; because; neither the
keeper of ..the New Prison nor the Officer would be liable to
actions for escapes at the suit of the creditors, in cue the prl-
esioer sheuld_ fly. Their safe and proper course was to commit
him to theMerabal, with directions that he be remitted to the
custody of the Sheriff; charged with the indictinent.as well as
the fictions rpent his custody he might at ;my time be brought
up by habeas circasf to the Middlesex Sessions to, plead.
The order for such counnittal was accordingly made, and the
prisoner left the Court lei custody...
THE EttetS V. vitonEnTs.
Mr..RICUATIDe moved' for a 'rule to she* cause why the
writ of eeetioe'es-i.i.remoVing this case from the greet:Stallions of
Carnarvun, should not be quashed. It was an indieunent for
libel preferred against the defendant by Me, David Jones, who
had removed it by this writ from motives ,which the Court
Would not sanction. • •
The COURT " asked whether they could quash a writ of cer-
tiorari issued 'at the proSectitoris instance?.
MreßltliAaDe submitted that they might, when the writ
was sued out alvewedly to vex, acrd harrass a defendant. Ile
lead affidavits itatieg that the proeecutor hid declared his de-
termination, to annoy the defendant and put him to expence ;
that wheel remonstrated with, he said, "he did not care ;"
and added, that Roberts '4, should have the luxury of another
Sitrawabury trial."
The LORD Curler JusTics: asked if the defendant hid any
witnesaea material to his defence who, lived near the eptiti ob.
serving " that it was very seldom any witnesses could be called
for a defence in a case ' - •
Mr.. Rtou ARDS, replied, that the affidavit
.stated =expressly
that could not,l
testimony in tile superioeCoUrt • ,
The Cou az, under the pecu liar CiretIITISUUICeS stated, granted
a rule to show cause.

'CITE KINO V. O'TIEARA, ESQ..
TiIN case was called on In *the CrOwn Paper, but, the day
beinK tar advanced; dr; etly rt ordered it to stand over to a future
•
occasion. .

COURT OF 'COINIMON,PL.P.:AS, Nov. 6,
Miazidours Derin. : '

This was the first day of Tani. After entering thel-kall with
the.taual State, algrig with the other Julges; mat one o'clock,
,Mr. ,;Justice PARK and Mr. Jusiti.:c Bunn° noit took their
SOMA in the new V:. -Chancery Court, 'which ha,3 been tem.
poraray fitted up tisr the o :asiun.
The Lord Chief -T.i.tstice DALLAS was prevented from. attend-
ing by a 'slight indispasition, and I\lr, ',Justice RrelLi.niisorr
is, we understan&at 'Malta, for tlieheriefit of his' heats:. The
Court 05 tutu+ smaller than the old Corrizion Pleas Court, *.ere
king azarcely stif.ikient room, Co;uneel and A tnrnies ,
who usually attend. want or gallerie.i renders the
venience in this resp.:::: greater. Tild'eourt was oceo
for sputa time attar it suet nuxeceiving juititice:ion ef;tmil•
,other business done was of no interest whatever except to the
partiek immediately conctlned. Before tl:c Court rose, it ti a 5
intimated to the liar, that the .sittings at Nisi Priut, which
lied been fixed for.Siiturday at the Guildhall, London, would
not be held or. that day (in consetpienee, we pre-antic, of the
preparations for-the civic feast.),