The Sun.
London, England, 1811-01-26 00:00:00

• LITI, REPORT.

COURT OF KING',IIO4CII , AN. ts.
COk F.; E
Mr. GArtjtow had to make a nrotion as 4whieh
lie tntert,ined some doubt in point of frt 'The
papers had just .been nut into -his handilind he
tubted the Court's being entitled to go at once; the
whole ktigth of his motion, though he was .con-
vi neediu the circumstances which . he,. should
to relate, the,Court woultl,, feel every it clination to
do so. His motion was, that an lxnnerator be en-
wed on the bail-piece, in this case, on these grounds,
that 'a Commission of Lunacy Anal been regularly
stied out against the detendarit, in October last, that
he was now in the custody of one to whom the Laic:
of insane persons Was entrusted, and that he was
now in Court ready to be surrendere,t in disk birge of
'his bail but though this was inc Case, the iNlarshal
might not be inclined to receive hitn,- hating no fit
acconunodation for persons in the defendant's unfor-
tunate situation.

Mr. , .
Justice Le 131. i lac asked, had any proceed-
ings been taken againSt, the bail ?
Mr. GAft ROW Ravin; answered in the •affirpative;
Mr. Justice LE Bi.ANC said, Then*hy not'mnve
to liSve-the proceedings against the bail st.iy ed
Lord ELLENBOROUGH remembered a similar ap-
plicition having been made) and asked,' if there
v, as an affidavit o all the fads stated by tie Learn-
ed Council ? • • •

•
Mr. GAIUtOW said,. there was an affidavit siatir.g
that the defendant had been regUkuiyniade a lunatic
in October last, that he had since been under the
care Of a person entrusted with the cusio,Voi
sane persons, and that he was now. in Court ready
to be stmendeied in discharge of his bail. With the
permission of the Court, lie should take his rule in
the altemarive, either IA by an Exontrator shotild
tibt be entered 'on. the bail-piece, or why all prQ•
eeedings should not be stayed.
Lord ELLEN/301160GL' bald, it woul.t be better to
sluve the rule agieeahly to what it iA as itiOst pro-
bible would oh ionnely. be the irpinion of the Court.
It would be. better to wove to enlarge the period for
retidering the delendant, as that was likely to
.be
tlq: kind of relief. wbieb the Court would finally be
inclined to give.
Tnerule was accordingly drawn up in this way.

MALITINDALB tl. LOVELL.
Mr. TpPPING applied for a rule to shew.. cause
why the defendant should not be alloWed his costs
in this case, he having be&t held to bail,for a larger
soot than,thaf recoveredfrom •
' The odton was brought, for the price of 'a quan.
tity of paper, Nit of which had been founduhfit
for use, and as such had been seleded by a set vant
of the'plaintiff's ow,n.to be returned. ', On 'the trial,
titelf-Mftly so selected was prove! to Ite Of,the Va-
!tie of upwards of 80!, redoeing the plaintiff's de-
mod to 6x61, and yet lie had boa the defendant to
bail for 7001. and Upwards.
Lord Et LeNnottouott said, the 'amount of the
quantity of paper :,elected and set aside :ts aunt' tor
use, Was the very question litigated on th, trill!, It
would be too much to say That 'he plaint iirhat.i nut
reasonable ground for swearing to the amount of his
claim., 'founded as.it was, on the represenotioia.
others—a representation, too, which they vouched
bylt heir oaths.

Mr. Justice Gttos a.' could nbt.cOnCeil'e this,to he
in the, nature of a vexatious arrest: Such a case as
the present could never lvive been in thesontit!mplaj
tion of the Legislature when they passed the Azt on
which the present motion was. founded.
Rule refthed.

THE KING V. THE MASTER OF Tun ELIZA SLOOP

OF WAR.

, •
Mr. JEnvls, in the absence of the. AftOrney-Ge.;
fiend, shewed.Caese against the issuieg of 'the Writ
of 'Habeas Corpus moved .for in this case during the
last term, theVule in which had been enlarged till
the present term on the application of the Attorney-
. General. The application was made on the part of
William Cliallender,: on the ground that he was not
liable to be impressed, being a Master mariner, and
his affidavit bore, that he being the toaster and part
owner of the .Alery, a vessel employed in the ,coal
and coasting trait, had been iiiiptessrd in the river
Swansea; on the 3d of November last, but had 'been
dischinged the ' tellowing • day, On the Bth of the
same month, while on board his own vessel, a person
named James Murray, whom he understood to be
a midshipman , belonging to the Eliza, came
on board. his vessel, and told him 'Captain
Natter, the master of the Eliza, wished to
Ike bun. accordingly went to, Captain Not-
jet, and
,was Again -.impressed, and had since been
detained, his vessel not being in, a condition tci sail
from that period,. the registry being with .Qhfillender,
%;)10 had it in his pocket. at the time of his being so
impressed. Mr. Jervis agreed, if the
obithad been
inciVed fur on the ground of irregularity,lind If it were
, trite 'that the person complaining had been induced,
by any fraudulent device, to go from a place where
he was but liable to be impresssed, to where he
was liable, that that would have beeo a good ground
for the application. This, however, was not here •
question, theapplication bring grounded not' on
an irregularity, but on this, that.. the person, com-
plaining was not liable to be. irripresed. He ad-
mitted that if the Acti of the fith and 7th,,and of the
Bill of by wbieb Masters et. coasting ,
sets employed in to coal trade were intitlecl to ex.'
empt lops for certain of their nisi, WCle still in force,
that this would'
.go to imply that they themselves
wire meant tu.baexempleil also: Those' Aets, how-
ever, were of a temparery nature,. and could have na
efial, upon the quest!oth
Mr: asstPtex presumed
.be
questioned. that after, th 6 decision,
in the case of Gellatly, this. point could hardly
; .
; • .
Lord ELiawnottouou--" •
Though the Aes'vveie
tvroporary, is not the iniplication...to which. you al-
luded perpetual, Mr. Jervis.r
Mr. Jsavis submitted that it could only be tern.: polary.
did the' Learned
Lord Et.noritionnuott asked,
Counsel con'end that any Captain in the mercantile:
service might be impressed as a common
rearm r%
For instance, would 'it be contended that Coniiiio-
dare James, . who.frt the service of the East
•