The Sun.
London, England, 1851-10-28 00:00:00

CONFLICT OF IIJRISDICTION.

Mr. BROOKES then called the attention of the
Court to the fact that some members of the leet jury
had been summoned to attend the Westminster Ses-
sions, and wished to take the opinion of the Court on
the subject.
The Hung STEWARD—We think this court has
priority in the first instance. The question vs to
whether you are bound to attend the Middlesex Ses-
sions at all is quite a new one, and we must; take
time to consider it. As at present advised, I aut in-
clined to think you must submit.
Mr. BROOKES—But does that court take prece-
dence of this ?

The HIGH STEWARD—NO ; I consider this court
takes precedence.
Mr. CLONES (one of the jurors)—l attendeel the
Westminster Sessions this morning and took ten ob-
jection to the summons, stating that, being under the
jurisdiction of the Duchy of Lancaster, I considered
myself in a kind of extra-parochial position, and that
if I served it must be under protest on the part of the
duchy and my neighbours, and it was for the judge
to decide whether he could enforce the law or not.
His Lordship said the case was rather novel to him
—that under the new Act the High Bailiff of West-
minster was entrusted with the duty usually per-
formed by the Sheriffs of Middlesex, so far as regarded
Westminster, and that it was not yet a decided point.
I pressed for a decision, on which his Lordship said
as the matter stood at present if I did not serve he
should fine me. I told him that I had received a
summons to attend a court leet, and that if neg-
lected to do so I should be fined there. His Lordship
then said, " If you do not serve here I shall fine you,
but if the High Bailiff attempts to enforce the fine he
may get himself into a serious scrape. My duty is to
fine you. However, I will permit you to go to the court
leet, and state what I have said to the authorities of
the Duchy of Lancaster ; but you must be here to-
morrow, otherwise I shall impose the fine." The in-
habitants of the Savoy look to this court to place them
in a right position, for they cannot be expected to
argue the matter every day.
The HIGH STEWARD—The jurisdiction alluded to
is quite a new one. The Middlesex Sessions is not
confined to the city of Westminster, but takes in the
whole of the western part of the county. It seems to
me, if the jury is to be summoned for Middlesex, it
must be done by the sheriffs, and not by Mr. Smed-
ley (the High Bailiff).
Mr. CLUNES—My objection is, that we in the Savoy
are under the jurisdiction of the Duchy of Lancaster,
and not under the jurisdiction of the court at West-
minster. Doing service under the Duchy of Lan-
caster, we do not acknowledge the jurisdiction of
Westminster to affect the Savoy. The judge said
there was reason in the objection, and it might be
law, but repeated that if I did not serve be should
fine me. As an individual I cannot undertake the
responsibility of trying an action.
The HIGH STEWARD—The way to settle the
question is this. When you are called upon to-mor-
row to serve say that we have discussed the question
to-day, and are decidedly of opinion that the court-
leet summons has precedence over that of the Sessions
Court at Westminster, and we also think that the
court-leet summons exempts you altogether. If you
are compelled to serve you must serve under protest.
Of course the attention of the duchy, who are the
proper parties to entertain the question, will be called
to it, and a decision will be obtained. It would be
hard to throw the expense upon you, and if there is
sufficient ground to go upon, the duchy, I apprehend,
will try the question in the name of some of you
gentlemen.
Mr. CLONES—I told the judge that if I did serve it
would be under protest, and that neither the duchy
nor my neighbours should be compromised in my
person.
The HIGH SHERIFF—The High Steward is of
opinion at present that you should pay attention to the
first summons you received.