Star.
London, England, 1801-11-23 00:00:00

jeW ! 7~LbGBIVGL

COCRT OF KING'S BENCH, NOVEMBER zt
Tlemas Smith was brought up for jud eta, liar-
ing
been found guilty of a breach of narantine, ,
by bringing a lhip from the Bay of R lodes into,
the harbour of Ilfracombe, in Devonfhire, without I
waiting the ulital numbtr of days.
'flit Court fentenced him to a fine of tool.
I Iff,Mant Holmes was brought up to receive the
lenience of the Court, having been coniiaed of
atlatilting a Revenue Officer. -He was committed
and ordered to he brought up again on Monday.
Mr. ERSKIAE moved for a Criminal Information
againft a perfon of the name of Singleton, f.-ir a
L'iel. From the affidavit mad; in. this Caufe, it
appeared that a Caufe between him and the Bir.
mingham Canal Company had been referred to Ar-
bitration, in which matter a Mr. Horton was ex-
amined as a witnefs. The Libel complained of
was in the fhape of a Pamphlet, in which he ac-
cufed the Arbitrators, the Solicitors, and the wil-
nefs with ill cond u& and perjury.—Rulerrifi granted.
rpont was brought tip to receive the judg-
ment of the Court for a Libel. The Defendant
was an Officer of the t Bth Regiment of Dragoons,
but at the time of writing the Libel, was an At-
torney's Clerk at Deal. _

The Libel was a moll feurrilons Pitt, reffeCting
upon a family, of the name of Eagleton, living at
Middle Deal Honfe. This he got printed in Lon-
don, and had them dittributed in Deal. Judg-
ment was Coffered to go by default, and the De-
fendant in his affidavit limed his contrition.
Mr. GIBES and Mr. Ficcn: so, for the Defen-
dant, pleaded his youth in extenuation ; as at that
time he was not more than t 8 years of age. He
was committed to prifon, and ordered to be
brought up again the laff day but one of the Term.
Stephen Stoddart, Lieutenant of the 6th Regi •
ment of Dragoons, was brought up to receive the
judgment of the Court, having committed an af-
fault upon, and endeavoured to provoke to a chal-
lenge, John Prentice, Efq.
It appeared from the affidavit of Mr. Prentice,
that he was (-holm by the Company, Treaftwer of
the Ipfwich Affimbly. On the ad of Oetober !aft,
General Garth had entered that room without
having paid his fall fuhfcription. The Door-keeper
afficd Mr. Prentice if he thould afk it of the Ge-
neral in the room ? Mr. Prentice told him not to
do it, but in fait it feemed the man did it. Lieu-
tenant Stoddart, who was the General's Aide-de.
Camp, thinking it was unhandfome, took Mr. P.
afide, and treated him rather roughly, having
pulled him by the nofe. He had afterwards fa.-
fired judgment to go by default. He was ordered
to he committed,until the fecond day of next Term.
Mr. ERSKINE, in preffing the judgment of this
Cattle, obferved that the manners of the prefent
day had undergone a filent but complete revolu-
tion, and that perfons who flood the highefl for
courage and military fame did not hefitate, in
thefe cafes, to feek the proteCtion of the law : and
to further fuch good inclinations, and in order to
put a flop to the deftruCtive praCtice of duelling,
their Lordfhips had frequently declared, that who-
ever was convilcd of having murdered his fellow-
fuhjed in this way, ffiould fuller the courfe of the
law. Lord KENYON nodded his anent._ _

Mr. Serjeant Loan flitted that the Defendant
was an aCtive Officer, and Major in the Eatlern
Diftrid.

Lord KEN VON obferved that he was the more
bound to protea the County, and pram-ye the
peace among his Majefty's fubjefts.

THE KING V. THE INHABITANTS Or WVOISEPT.
This was a cafe from the &11-ions; and the luck
tion was, whether a pauper of the name of Kober
Williams, had become an inhabitant of Weobley'
fo as to gam a fettlement, by being rated
Mr. Gisas kid, that the cafe dated that the
pauper, Robert Williams, being an Officer of the
Eicife, and an inhabitant of Weobley, was rated
to the Laud-tax, hut it appeared by the evidence,
that he never paid the rate, the fame being paid
by the Colledur of the Excite, and not deduced
out of the pauper's Wary ; whereas, Mr. GI lißb
contended that to gain a fettlement, a man mutt not
only & rated, but he m) alto pay the retie. This man
never did pay the rate though he was rated, there-
fore, he fubmitted to the Court, there was uo quef-
tion in the cafe ; there were indeed CAIiS where a
perfon of this dcfcription having been rated with
the Land-tax in virtue of his falary, and having
paid the rate had been held to gain a fettlement,
although paid afterwards back to the perfou by
the Collator ; but here the payment of the rate
by the pauper was abfolutely negatived, and there-
fore he could not gain a fettlement.
Mr. GARROW fubmitted that this rating was fuf-,
ficicnt to gain a fettlement.
Lord KEN vow obferved that this money on which
the pauper was rated, did not come out of his fa-
lary, Co that he was not affefled by this rate ; the
payment by the Colle6tor was nothing to him.—
His Lordfliip added that the Court could not do
better than abide by the rrovifion of the Ad of
Parliament which governed there cafes, and which
provided that to gain a Settlement a perfon nNff la raid
and pay the rare—" rated and paying rates," were
the words of the Aft of Parliament. Indeed if
this were a queftion of the fill impreffion, on the
meaning of the Statute, he fhould incline to thins-,
that being rated to the Land-tax would not gain
a Settlement at all, for the meaning was, that thofe
only thould gain fettlements by the payment of the
rates, who paid paid!' rates, and he knew not how
to call an atfedinent upon the Land-tax, a parilh
rate. He thought that Settlements had thus been
improperly held to have been gained, but as there
were cafes in which it had been fo held, it would
he better not to hit that queftion now. But in
this cafe the Pauper had been rated, but had not
paid; and not having paid the rate, he had not gain-
ed a Settlement.
The raft of the Court were of the fame opinion.

NEW RULE OF COURT.
Mr. Mice LAwßs7ca Paid, in confecinence of
what had naffed in the cafe of Newman and Pin-
dar, it 'buck him that it might be advantageous to
hare a new Rule relative to ‘Varrants of Attorney.
He had a:cordingly framed one, which was—.

" That; after the fr day of next Tern, a War-
rant of Attorney; having a Defealanee attached,
no jildgmetit fl'onld be fig;ted upon fuck Warrant,
without the Warrant znd Deli:Ala:lce being filed
w:tlk the C kr!: of the Dockets ; and that no War-
rant of Attorney to bC prepared hereafter, ard
having a Defeafance accompanying it, &sold be
prepared without the Deleatancc being written okk
the Warrant, or a memorandum that it ss as fob-
jeka to a Defeafancc indorfed on the back." He
put this into the hands of the Matter, in order that
the Praaitioners might Rate if there were any al-
terations nece(fary.