The Sun.
London, England, 1833-11-30 00:00:00

COURT OF CHANCERY.L(THIS DAY.)

SUBJECT OF COMMITTALS TO THE FLEET PRISON.
Sir E. SUGDEN stated that in a case in which three
persens had been ordered to be committed for the contempt
of this Court in failing to make a payment of money, one
of the parties, named Risynsford, had been delivered over
to the custody of the Warden of the Fleet. By the order
which had been made to the Warden, be was ordered to
stand committed until the further order of the Court, but
in the original order of commitment there were no such
words as " until the further order of the Court." Th
solicitor for the plaintiff, at whose suit Raynsford bad been
committed, the money being re idy to he paid, had offered
to indemnify tiie Warden, provided he liberated the pri.
sorter at once, being satisfied there was no further cause
of detention ; but in consevence of the insertion of the
words already quoted into the order, the Warden did not
feel himself at liberty to discharge the prisoner without
the further order of the Court. Under such circum-
stances, the learned Counsel submitted that the Court
ought at once to strike out the words " until thi. further
"rder of the Court," or make another order directing the
discharge.
The LORD CHANCELLOR. was of opinion that the more
regular way would be to make another order, but in order
to save the prisoner that expense, he told the Warden,
who was present in Court, to consider himself perfectly
safe in discharging the prisoner, after what had passed.
Sir EDWARD SUGDEN then stated that there was
another subject respecting committals, which he thought
it right to bring to the attention of the Court. The
cause of detention did not sometimes reach the Warden
for a week, and sometimes for weeks, atter the committal
of prisoners. The consequence was, many prisoners
being ignorant persons, they knew not why they hail
been turned over to the Fleet, and any one desirous of
affording them any assistance was prevented, frequency
for a considerable time, from doing so, from that rir•
cutustance. The Court ought to lay down some rule,
imposing, as an imperative duly, on those at whose
instance prisoners were sent to the 1,1,,t for contempt, to
transmit within a given number of hours the cause of
detention.

Sir E. SUGDEN further stated, that there was yet an-
other source of complaint. He knew not that it was
absolutely necessary that a person, idler being ordered to
he committed to the Fleet prison, should be conveyed
thither. The warden who was present, complained to
him that many writs were issued, and many prisoners
ordered to be committed by the Court of which he heard
nothing, until long after the prisoners had been discharged,
and of which he sometimes never heard any thing
at all. These prisoners were discharged by somebody;
whether they were properly or improperly discharged was
not the present question, but he (Sir Edward) did
submit that if any person or persons were to have the
authority of discharging prisoners except the Court, after
the order for commitment had issued, and before the
prisoners had found their way to the Fleet, it ought to be
a superintendent appointed by his Lordship.
The LORD CHANCELLOR observed that those subjects
well deserved consideration, and that consideration they
should have. It had occasionally occurred, that from
motives of lenity, a prisoner had been ordered to he de-
tained by an officer of the Court, instead of being sent
immediately within the walls of the Fleet ; but in instances
of that kind, which had come within his own conscience,
nothing improper had taken place. At common law, in
the c ,se of an arrest, a Sheriff's officer was in the habit
of detaining a prisoner for a certain time before he was
delivered over to prison ; that required revision—and it,
with the practice alluded to in this Court, might very
well affird ground for some regulation to be made on the
subject, and which should have his Lordship's best atten-
tion with as little delay as possible.
Sir EDWARD SUDDEN begged to be understood as im-
puting nothing wrong to any individual, but only as being
desirous that goiters and the public should know what the
course was that the late of the land required. There was
another point which regarded a poor woman who had been
committed to the Fleet a few (lays ago, and upon which,
together with the others, probably his Lordship might
think it well to consult with the Vice. Chancellor, and if
they two would accept of any little assistance which he
(Sir Edward), together with Mr. Blunt, who had paid
great attention to this subject could give, they would he
most happy to communicate all the information in their
power.
The LORD CHANCELLOR said that nothing would give
him creamer saii4action than to have the assistance of his
Honour and of the two Learned Gentlemen in framiog
seine reeulations upon this subject, and which he should
certainly avail himself of.
A few 'rimers in lunacy were mentioned, which were
quite of course, and the Court proceeded to the further
heating of Rowe v. Gudgeon.