The Sun.
London, England, 1829-01-30 00:00:00

LAW INTELLIGENCE.

COURT OF KING'S BENCH, JAN. 29.
REX V. RICHARD FITZHARDING JENNER.

Mr. TAUNTON proceeded to show cause against
the rule which had been obtained in this case, call-
ing on the defendant to show cause why a criminal
information should not be filed against him for par-
tial and corrupt conduct, in convicting and impri-
soning a person of the name of Dash. The defend-
ant was a Magistrate of the county of Gloucester;
and the circumstances under which this application
was made against him were these :—A decree was
made by the Master of the Rolls in 1652, by which
it was arranged that the Lord of a certain manor in
Gloueestershire should take five hundred acres of a
common in that county to himself, the rest of the
common being left open to the freeholders to take
fern and hushes therefrom, except such as surrounded
young trees--•where the bushes, &c., were to be left
to protect the trees from the bite of cattle; and it
was stated that the freeholders had exercised the
right to take such hushes, &c. as far back as the
time of memory. The manor had come into the
hands of Colonel Berkeley, and they stated that he
had brought an action against a freeholder for exer-'
c sing his right, and that a verdict had passed for
the defendant. Their allegation was, that the free-
holders had a right to take holly and hazle, and a sort
of wood which was not timber. Mr. Dash, the person
iii whose name the rule had been obtained, bad, by the
authority of a man of the name of Long, a freeholder,
gone to the ground, and taken a quantity of bushes and
also a stick of holly, with some hazle and thorn, and
it was said that this had been done in the presence
of a person of the name of Williams, a gamekeeper
of Colonel Berkeley. 'I he holly stick was from
eighteen to twenty feet high, and from sixteen to
eighteen inches in girth; but they said they had a
right to take it, because it was not timber. Colonel
Berkeley, they said, was very anxious to preserve
his bushes, for the sake of protecting the game ; and
they set forth that the defendant, Mr. Jenner, was
himself a great sportsman, and was in the habit of
shooting along with Colonel Berkeley, and was also
anxious to preserve the game on this common. Dash
was brought before Mr. Jenner, and ordered to pay
one shilling and sixpence for the holly tree, and fined
thirteen shillings, with costs, amounting, in all to
1/. Is. 6d. It was also stated by theta that Mr.
Jenner conducted himself in an unwarrantable man-
lier •to Dash. Thii, however, was denied by the
affidavits of several persona present. Mr. Jenner
convicted him, but informed him that he might ap-
peal. Dash then went out to consult with his friends,
and afterwards returned and said he would go to
prison.
Mr .13/totionlm and Mr. CAMPBELL followed on
the same side.

Sir• J. SCARLETT supported the rule, which, how-
ever, was discharged, with costs to be paid by the
Magistrate.

HABEAS CORPUS.

Mr. CADIPBELL moved for a rule to show cause
why a writ of Habeas Corpus should not issue to
restore a wife and child to the husband and-father.
He made this application on the part of a Mi. Wil-
son, now practising as an attorney, who, in 1822,
had married a lady with the consent of her father,
and with whom he had lived very happily till the
year 1826, when he fell into embarrassed circun►-
stances, and his wife and child went to reside at the
house of his brother-in-law. Mr. Wilson had now
commenced practice as an attorney, and had a
house ready for the reception of his wife, and had
gone twice to the house of his brother-in-lan•, from
whom he lived at 100 miles' distance, and de-
manded his wife and child ; hut the brother-in-
law refused to allow him to have any intercourse
with' them. _

Lord TEMTHRDEN—Take a rule to shoe cause.
JUDGMENT.—APOTHECARIBS' ACT.

Mr. F. WILLIAM called for the judgment of the
Court on a young man of the name of Clements,
who had been convicted of forging a certificate of
his having served a five years' apprenticeship ac-
cording to the terms of the Apothecaries' Act, with
a view to deceive the Examiners of the Apothe-
caries' Company. By the Act of the 55th Geo.
111. cap. 194, it was enacted, that no one should
be admitted to practise as an apothecary without
having served an apprenticeship of five years to an
apothecary.
An affidavit of the defendant's was read, in which
lie admitted his having been guilty of the offence,
and the propriety of the prosecution by the Apothe-
caries' Company.
Mr. F. WILLIAMS addressed the Court in miti-

gatiOn.
Sir J. SCARLETT, for the prosecution, said, if
this had been the only case of the kind the Apo-
thecaries' Company would be far from wishirg to
press for any thing like a severe punishment ; but it
was an offence of which others were guilty, and they
hoped that the Court would pass such a sentence,

a; would hare the effect of deterring othefs troth
committing a similar offence.
Mr. Justice BAYLEY said the sentence of the
Court wa,,, that the defendant be imprisoned in
eliester gaol, in the county of Somerset, for six
calendar months; and that in the mean time he be
committed to the custody of the Marshal, in exe-
6ition or the sentence.