Star.
London, England, 1805-02-18 00:00:00

LAW INTE4LIGINCL

COURT OP XING% BENCH, DUBLIN, JAN. 66.
• THE KING V. JOHNSON.
The Writ of Habeas Cajun, Return, and feveral
aitdavas were read.
Mr. MACA NNNNN moved that the Defendant might
be difcharged, on the round that the arrea was il•
legal. The offence charged upon him was merely a
mifdemeanor, and the arre(l attempted to be jnflified
uncial. the fi.:tnte 44th of the King. Here the Coon-
fd adverted to previons argument; which took place
in the Lord Chief Mice's hoofe. He quoted the
cafe of Wilkes, arretlt el for a libel, and afterwards
direbarged ; and from the arguments tired on that
°mill:Jo he particularly adduced the opinion of Lord
Chief Janice Pratt, " that 't is not bound to
find &reties of the peace."
Lord Chief Jullice DowN se obferved, that Wilkes
was difeharged upon the ground of having privilege,
and as to the expreflions quoted, it would be teen by
adverting to the former part of his opinion, that
Lord Chief Juffice Pratt mug have been mifrepre.
fented ; befides that in another report thefe words
are omitted altogether. In the former part he Pays,
that " although it libel is not a breach of the peace,
yet it is a great snifdemeanor, and requires bail ac-
cording to its circumtlances."
Mr. 2.facsavorr proceeded to argue that the ffa-
tote did not apply to his client, and he recited the
preamble to prove that the objeet was exprefbly, to
bring offenders to jullice, who than have efcaped ;
and farther, that the nature only embraced the
higher order of crimes, and was to aft prefpeaively.
Judge DAT fuppofed that the Counfel did not mean
to confine the word efcape to its limited fenfe,h, but
to any manner of migration; as in the cafe of a man
committing an offence in England, and there bcing
no defign of profecution, returning to Ireland, in the
ordinary way, to his original habitation, " you
would not," continued his Lordthip, " fay that that
was not fnch an efcape as would come within the Ad ?"
Mr. MACARTNEY certainly would not contend
againft that, but urged that fuch a eon:4o6on could
not have been generally in the contemplation of the
Legiflature. From the affidavit of Mr. Emmerfon
it appeared that the libel in quellion was alto pub-
hilted in this city, and therefore the ends of public
juffice might be attained bete, without removing
the Defendant out of the country.

Judge Dst.r;--" But it does not follw that the
publdhing a libel in England is the fame offence as
publifhing it here."
Mr. MACARTNEY did not mean to fay fog but of-
fered the argument to induce to a benign con ftrudion
of the Att.

Judge Dity—" It (bikes me that a perfon pub-
lifhing a libel in England and Ireland may be pu-
ranted in both countries ; the conviaion in one being
no bar in the other."

Mr. MACARTNET•••••" Then he might be puni(hed
in every county where the libel was publiffied."
Judge DAY—" A conviaion in the fame ifland
mightbe pleaded,but not between ifland and Mend."
Mr. Pastes SIRJEANT contended, that the cafe
came clearly within the ftatute, the enatffing words
of which were as plain as poffible, viz. " If any per-
fon, againft whom a warrant shall iffue for any crime
or ciince. fhall efcape, go into, rOde, or be, it (hall be
lawlul, &c. &c." The (latute clearly fpecifies four
cafes r—tft, The cafe of a perfon, who, after a war-
rant iffued, flies and efcapes, in the common i.nfe of
the word, to another place. sd, The Lcgiflature
then refleaed that a man, againft whom a warrant
iffued, might not have knowledge of it, nor intending
to fly from it, might go into another country, which
could not be called an efcape, becaufe the intention
might not be to fly from junice at the time. 3d, The
framers of the Aft appear in the next place aware
that there are crimes which may be propagated from
one country to another, without the perfon of the of-
fender moving from his refidence ; therefore, they
took in the cafe of a man who never might be in
the country where the offence was committed, and
therefore, though never refident there, nor efcaping
froin it, but altogether refident in another country,
and his domicile there confined, yet if the author of a
crime in England, should not be free from the hand
of jullice." 4th, But then it was feen that a man
might make this objeaion—" I never (footed from
England, nor ever was in England, and therefore I
cannot have come from it ; nor am I refident in Ire-
land; I am only occalionally in Ireland—my peculiar
domicile is in another place." To avoid any fuch cavil
they introduced the word Ire, that if found there, he
might be liable to a warrant from England. There
are the plain enaCting words. The cafes are perfealy
difiina and marked, and common fenfc (hews that
filch muft have been the intention of the Legiflature.
• Oppofed to the plain enacting expreffion, there was
made no objeition but the preamble, which only men.
Lions the word efcape; but the conclnfion urged does
not apply, becaufe the preamble cannot controul the
enaaing part of a datute. After having thus argued
upon the conftruaion of the nature, the Ptime Ser-
jearit proceeded to thew that it did not at all affea
the proteaion derived by the fubjea from the Habeas
Corpus Aft, but rather fecured that liberty by more
effeaually providing for the punifhment of offences
agamA fociety, and that in perfeft correfpondence
with the eftablifhed law of the land, which prefcribes
that the offender (hall be brought to trial where the
offence has been committed. As to arguments teem-
ing to arife a 6 iwcoameiderai, if they were to be admit-
ted, it would depend upon every man's private con-
itrualon, fancy, or caprice, whether the Alf fhould
be valid or not. Therefore, if any inconvenience calif,
it mutt be remedied by the Legiflature. If there be
danger from profecutions in Scotland (alluding to a
(tweed cafe put by Mr. Macartney, conne(ted with
the Scotch law of Nomfecten, or home facking), let
people take care how they offend there ; let them re-
Member the motto of the Scotch thifile, *me NW inorne
lac. With regard to another inconv,enience which
has been urged, that no bail can be taken, it cannot
occur in this cafetbecaufe no bail is offered. The war-
rant defires bail to be taken, but it may be faid that
that can have no effect upon the power of the King's
Bench, which cannot take bail. Here the queition
cannot occur, becaufe the Crown has confznted that
bail ihoald be taken, and therefore that inconvenience
cannot wife,
Judge DALTIS The flame does not give power
to a Magifirate to bail, and therefore it is argued that
, it does not extend to cafes bailable by law."
NINA SZAJIANT—i, If that be RN there its no

':meaning in the word rtmlrfinftor, fir evil doer.
fume converfation ettfacd on the legai meaning of the
term, in which it feeto.:d It( In under ;luta It ex.
(tended to inferior crimes.] The ten of the aryument,
((aid Mr. Prime SerjeAnt,) relates to the Itatu.e being
profpative, and not retrapeetive. It has a praise's.
as iTaing the warrant, and taking the N. fon, Lt.t
fays nothing with regard to the Oiferce. It extengis
to all crimes, whether ceminitted bctOle or after II e
aff." After anftvering fie minor obj,!elions, Utz
Prime Serjeant concluded.—( To le conthaud.)

MARK-L.l.vE.

CORN EXCHANGE, TER. IS.

The fupply of wheat to-day is confiderably greats
and the buyers not much in demand, has the circa of
a further reduition of full 43. per quarter. Fine
Dantzic at I to. We have a great many arrivals of
Barley, which is likewife lower. 1`441t has nut much
variation in price. White and Grey Peas, and the
two defcriptions of Beans came in ectreine peat, ;
thofe articles alto are cheaper. There are Wail trent
arrivals of Oats fruits Lincolnihire. which are quoted
at 25. per quarter lefs price. Flour is Bill iotopplyi
and inclines downwards.
GENERAL CURRENCY AS UNDER.
Wheat, 763. coos. toss per qr. Om Peafe 4Co. to 4416
Fine Ditto, icbs. Los. 04 Bess" 44i. so& et
Rfr, J IL 37.. od. Tick Ditto 37e. 445.
barley. 42% 481. ad. 004 MIL 31s.
Malt, 789.134 e. od. Poland ditto, 325. 331.64
White Pcafc, 465. 324. od. Rips Seed, 441. to 471 per lift
PRICE OF FLOUR.
Fine Flour 841. to SU. Seconds 775. to Us. per fag.

IRON THE LONDON OAZETTI.BATOILDAY, l'ai l6.
Average Price of Corn in England and Wales, from the uterus
ending the 9th of February, 1803,
Wheat. 1 Rye. I Barley. I Oats. 1 Baal Peak.
a. d. s. 4. a. d. a. d. a. d. a. d.
89 6 S 4 7 47 2 26 10 48 s so 3
The average Price of Sugar, computed from the Returns made
lo the week ending February :3, is 335. Bid. pct hundred weight.

• ,
tr. C q•••*e .
ning of the q
4
I t....L it c.. 1 1
~
1/4'i•
;try, ILlMellt, ,
atu'e being 1 1 t
•
a prapetl. S
..2i lon, Lit I 'lt:
It extentis 4i 1.
)r after 11 e .
, ,
elions, tits f' I.
;al.) tr' .'
:i
•
Ten. 18.
tbly greati
le area of
ter. Fine
arrivals of : '.
• nut much
;, and the 1
*Rfetity I
nail feat ' I
ire quoted
in tuppl7,
L.
1 1i
416
I.
a. 641
;
SA eitt ii
471 Per
:eta&
tuatt 10. i
t the returns
Peak.
a. d.
so 3
etums made
bed weight.
ng a new
:NCHBALD,
"a Marry 1
!'avuur.tbie
z.
Fottra.
Fable :-
been Gover-
enate by Sir t
ring his only
ate Me bears,
land, having
a her favour,
tfe. Solicited
effes, fecond-
led to yield
i and availed i
ins the aver-
rticularly to '1
:ing the caufe ,
;cite his pity.
g dlkovered
s return the
dies to do, if
tsrview with
ter manners,
whd, on her
d when Mr.
3entlanan to •
Tess to Ws,
eery) is peel- •
, lives feclud-
rith the ch.. t !
reveng-, and • '
motions of Sir . .
a obeys the
er father; but
company her. 1
ally dikover-
's borfe take
isforth, who, i
iftance, binds m
,os arriving, r'
1. thL.t. he has 1 i
Nile under his ,
esforth ; that I
,
r Ofwin, and ' I
o her, and the i
'. honk. Sir
ted what had
nwtseitrnoigftrom an o
i., ehepr.
neeto
~..
:.,
, :i. ,
is, Sir °twin, i
ad Danberry :
he proteetiod ,
lds daughters 4 .4.
!t: "
nbre a nom- IS
Idered eery
~ fithAinod ( -...
Ft, we think
nination of
audience is .
ivining the
d to rooted ,
lit into con- • •,,
ihowcver is
at not with
th (landing,
ned to have 1
tenth, that
1 ,
as they are
moor.: re- ,
le play are
have allud-
ma& little
beneath his ,
ein the dra- . ,
mid hardly :
of Fir,ler. a
I
the Ilage in
was loudly
ce through-
led by three ,
'lt order, as i
'a in att old •
and Mss.
riled.