Star.
London, England, 1806-11-21 00:00:00

TKII WHIG V. JOSIlli 11111...11/4MII kumtincs..

Theft perfons, who are bun, tnd and wite, had
been found guilty at the kiampthire Atlizcs be-
fore „Mr. Baron Temper son, of Oinking, obliruilf-
ing, and putting in fear of his life, John Fox, an
officer of the .Revenue. The faits of the cafe were
as follow: The Officers Infpefted that the defendants,
who live in the We 'of Wight, had in their poll-elion
a quantity of contraband goods, and, for the put.
pole of a difcovery. Fos, accompanied by two
others, went to fearch the houfe. They entered it
without any oppofition, and were commencing their
operations without any obßruelinn, when one of
them thought that the wife teemed very large, and
;allied upon (catching her. This both the defen-
dants flrenuoufly refitted, declaring that the Officers
had no power to (catch a woman. They pertified,
and Fox feized the woman's hands, whilit fhe called
out to her hot-hand for • cafe knife, that the might
run ate fellows through. Eldridge was about to give
her a knife, when it was wreffed from him by an uf.
ficer, and they fucceeded in the examination. They
found in the woman's pocket about three pounds and,
a half of green tea, in a tin caniller, and in a clofct
in the fame room, about a like quantity of black
tea. There they feized, and the penalty of tot. was
afterwards enforced spina the defendants for hay.
ing it in their polletrion, without a permit.
After Counfel had been heard on both fides, the
Court threfted the defendants to be committed, and
brought up un Wednefday next.

—The affiritolt of beld.was (watt before one 13 rt
homme, a Notary Pubic at Paris. The fignature of
Bonhumme was verified by the affidavit of Mr. Slade- I
who &pored alto, that he was ti Magiftrate, duly
authorifed by the laws of France to adminitler nod's,
'and take affidavits, and upon this being produced
before one of the Judges of the King's B-nch, at
Chambers, he granted 'an order, as is uftral in fuck
cafes, to hold the Defendant to bail.
Sir Vicatty Goias, who moved the Rule AV, ob-
tained it upon the ground that an affidavit (worn in
a foreign country, was not loch an affidavit as was
requited by the §zat. t 2 Geb. I. which requires an
affidavit of debt, in order to hold the Defendant to
bail i and he cited Pomp v. Lodwixon, a Burr. 655.
to (hew that affidavits (worn abroad could not be re-
ceived.

Lord ELLansoention, Chief Jurlice lilted, that
upon inquiry it appeared to have been die praffice to
grant sutlers for the holding to bail upon affidavits
In fwmn and verified, as to the authority and figna-
ture of the perfnn taking the affidavit, for 7o or 8o
years back, tot the time of Chief intik, Lee, in 1740,
which was only five years after the pairing of the AIL
On the part of theVlaintiff, the cafe of Dalman
o. Barnard, 7 T. Rep. qt. was cited, wherein an
affidavit fworn before the High Bailiff of the Ifle of
Man, was received in a motion to fet afide an annuity.
It was alto raid, that it was every day's pralltce to
receive affidavits a this kind from Ireland, upon
which the parties were held to bail ; and it was con-
tended, that there cafes were not diilinguifhable from
the prefenr.
Lord E LLLLL otouost, Chief Janice, raid, that it
could not he denied that the pratlice was In, and

that there could he no diilinait'ln between affidavits
!Worn in Ireland, the Ifk of Man, or in Paris ; but
that the important qneilion would be, whether fueh
SIR affidavit WWI Me open which the party, if he ever
came to Eileen& cmildbe indiaed for perju7 cottl
if note tibetUr it ()nett to be received under the Aa
of Parlienstnt ? This*, thpsigbf a matt important
queflion, ana, order that% might be more fully
difraiffcd, the further argument was put off till next
Term.
Mr. Pea writ e referred to a pofition in Hawkins,
P. C. (but to which he could only refer (mom me-
mory) that upon an affidavit taken abroad, if a Court
of Juilice here be induced %m a, the party making it
may be puniffied as for peirtint, We have noticed
this cafe, although it It not &tided ; Pitt:ink it will
be fear to involve confcquences of great im;oftance.