Star.
London, England, 1804-11-14 00:00:00

LAW INTELLiGENCIL

COURT Op COIAMON PLIJLRIIOVEPAUR ss.
In the cafe of the fuppofed illegal detention of Mr.
Plaint. which has been already ment d
ioned, Mr. Ser-
jeant Batter cited (event inflames, which he foun
upon record, of irregularity in the proceedings of sr-
mil, and which be fobmitted to the diferetion of the
Court, as bearing force analogy to the cafe before
them. In the cafe of Barlow o. Hall, mentioned in
peg • 465 i f Mr. AtATIdII2T'S ad vol. of Reports. it
was hated, that the Defendant was illegally detained
in the &It inftance i and that he was then smiled
laccording to the form which the law required. The
Court was then of opinion. that of the detention was
originally illegal, the further continuance of fiseh de-
tention under the authority of the Court. was a re-
flexion upon their proceedings. and the Defendant
was difcharged In the ,d of Eatt's Reports, Page
So. it is mentioned that birJohn Stuart had come to
1 town for the pnopofe of being examined before an
Arbitrator His perfon was then fasted according to
law. He was, however. weeded. The parties, ate
that. found out that hems in town upon a hither('
01 arbitration. and they nqvilbed then claim to his
further &tenant. Another perfon cams forward anti ,
I Laid a detainer urea him for anotiver demand. •TM
Court was of opini•4l that, as the original a:raft wan
illegal, the feci nil, being a cootinuauna of that, was
alto Alex al..—Tbe Defendant was dikisarged with foil
coifs. In Mr. Henry Blackttooe's Res._ the ad
9"1. Page_ aps a cife is mentioned of the 4tgal deten-
tion of Mr.K. Ptaidow r he was haggis cuitody instil
a new writ was toed nut
seaiall him, and he was
then Mode& as was tuppofedloy the water, la a twit
tasener. The Corn was then sibs 4 niss;ww. that
shit which Is otnally illegal ia itfelf.asenot, by any
imuie of its senlboallo *mob ksat•ttai-tbst De
1 faidant ttitcbargwd.
1 The in Col se-Jostles oh& mei, that there was
not any one of theft cafes rudely the fame as, that
before the Court. However. they mould be taken
into confide:ado.. If the law obliged them to dir.
charge him. they molt do fos golds they were com-
p lled to take this Rep.
Mr. &least Bat LIT begged have to remind their
Lerdthips, that the officer had gorse down lairs from
the chambers in the Temple, to which his client had
been forcibly carried, and that be had acceded him
before he wen out of the outer door.
\Sir J. MANI/11LO then oblervcd, that Mr. P. could
isrie very fairly apply to the Court for rotation *mil
he was freed from the contempt under which he wise
at precept fubjefl. The Court. however, would eon.
fider the cafe, and the learned Counfel on the which
fide might be prepared to urge any argument which
he might thiok ezpodient baking forward its fupport
of the area.

_.
....
In the cafe of the King v. Donnelly, founded on
an information agaiult the Defendant, for felling fpi-
ritoous liquors withont licence. it was urged, that
flute the profecution had commenced. it xsat found
that the Defendant was in Indigent ciicumffiences,and
that his AllolllCri Clerk had hated that, if a mode-
rate coarpenfation would not be taken, fuib.a difpo.
&inn would be made of his property as to :prevent
any recovery of penalty. It was therefore mowed, that
the pleadings be withdrawn.
'The Court, however. was of opinion, that the arm
of Government was fufficiently thong. If an officer 1
of the revenue. or any other perfon. was obliged to
pr by virtue of his office. under fuch circum-
fiances the flay of farther proceedings might be or.
detect. But, when a common informer pepped for
ward to profecute of hi. own accord, he fhould fira
• confider well the rkfpoufibility of the party, before be
commenced his fuit.
tonstrsoo ... gleam
&Kent BUT rooved the conditional Rale for a
new trial granted in this cafe fhould be made abfo-
101*--it was an anion on a policy of infurance again'
the Underwriters, for the amount of the veffel called
the Lord Nelfon, which foundered
fernd funk on her
voyage from Oporto : the defence up by the Un-
derwriters was, that the vcfrel was not Da worthy
when The failed frto4 Oporto.
Setjeants BA iLE t and So IP 1111111 OppOred the Rule
being made abl.litte ; Rating, that at the time this
a&ion was brought, there were three other actions of
the fame nature depending ; the parties in theft ac-
tions agreed to wait the event of Thompfon and
Grace, and to abide by it ; accordingly it wai tried
laft Term, and the Plaintiff' obtained a Verdi& ; two
of the three aAions were fettled according to that ver
di& ; ib this the Learned Serjeants argued, that the
• vet-
parties in the other aBions being bound by that
;ha, it in foam tneafure bound the parties en this ac•
Lion to abide be it alio.
The Court thought the parties in the other *miens
were nut bound by the event of this t hot. that
fettle-
if on
a ac-hearing, the Verdi& was reverfed. the
'rents in the other anions &mild be reverted ally.—
Rule made abf,olute.