Star.
London, England, 1801-02-09 00:00:00

•
Otani' tifkiko BENCH. FEBRUARY 7.
'•:'

• On • Wei-leer(lay "(what is called Crown Day)
• the Othriiiif King's Bench exhibited a Difference
of:opinion in .the yockes, on a •Seßions Cafe from
Durham. Tire gocilion was, whether a Free-
&shier, Who had let his Tenement, and lodged
era; his Tenant, gained it Settlement, not being
the legal bcettPierl Holtuyd and Hul.
loefreontentled very fireenoulty that 'he did riot,
and fnpported their opinion with great ability.—!
'Mr; Wart eadoiseetircri to fhb*, from the fpirit
of thowitaie Lit 6 end, no elaborate enumeration of
dies, that he did. Lord KENYON raid, that the
I.;impreffion critic 'skill fnosn the beginning was,
that:he did; end led if a Freeholder. it ho was
.)sound to Suit and Service in the Manour-court;
-would be removable t But that his opinion was
er7much firengthened by what had fallen from the
wevylearned I:ierfon who had hill fat down (Mr.
Ward), to whom he confcffed him fell macho bliged
• for scale which had efcaped his memory; but- of
which he was Pure he had a note, and was deci-
five. Judge Gees, agreed with him ; but Judge
Lawasacs Argued the matter at length sigma
this opinion.. jgdge
.I.pekatic &exited to incline
no Judge LAW Rf NCI, 1041 laid he wifhed to confi-
der the cafe, cited by Hr. Ward, before he decided,
and the matter flood over. If he had agreed
with Judge LawitsNci, it is curious, from the
Court's being equtillY divided, no judgment would
be given, On Friday Lord KIIIYOti on enter.
ing the Court,: fold they bad looked into the
authority in the above cafe, and were unanimoufly
of opaiOni 44tAtriiiiper gaLiteik a Settlement. :

• •sAiriotam,y, rase.t Arty 7. -
Mr. IfiLAC 107014 It on a former day having 01);. I
bitted a RuJic.tkflfew mute why a Side 13ar.nd
which had been cibutined, -and in confequence
; which a eertieraii had illued from the Crown
fice, direfled to: the Magiftrates at the Goats
for the Qounry of Buckingham, &odd
not be difcharged, to.day caufe was alma agaia4
. that Rule. The ohieft of.the Writ was to rt3l3oVi
from the jurifelktion of the Quarter Setfons, an
Indielment than depending, and which was about
to be Wei. The Quitter &Mons conceiving
that the Writ had not iffuedi agreeably to legal
forms, paid, no attention to it, hut proceeded to the
trial of the Indiement. The Counfel who (hewed
eaufe again(' the Rule contended, that the Ma:
giftrates below had nothing to do with the man.
ner in which the certientri had dcen Wiled, It was
'their duty, the moment it reached them,. to. flop
• their proceedings, but intlead of that, they had
proceeded to it mode-of trial to which tome fever;
but juft epithets. were applied. It had alfo
been fuggeited 'as a 'reafon why the Magifti-ates
. had not obeyed the Writ, that it was not prefented
to them in a manner fufficiently reftseillul.•
The. Counfel who. fiapported the Rule, though
he flood alone again('. the united Itten:gth of thq
learning, ability; iodecperience of the Gentlemen
. on the other fide, faid, ha conceived that he was
entitled. to basic:his Rule made. ablolnte. He
fated the provifions of a number of ilea bf Par.
Lament, to (hew that the Writ had iffueeF irregu,
Ltrly, and that confequeatly the Magifiates werq
not bound to pay arty regard to it. If they bad
obeyed it, it would have been inconftilent with?
and would have overturned their own prataicc.
Lord lEttivou.--" Their praaice mull be con:
formable to the law of the land. I impute no
blame to thefe Gentlemen. •Thige Who ad as
Juaices of the Peace confer as great a benefit al-
moft as men can do on their country. They had
not all the learned precedents in the Crown Office
to guide them in their proceedings, but.whether a
xfau (lands on both his feet or bends on one knee,
whether he or:dints the Writ with his right or left
land, when it comes into their poffeCon, to be
furs it mufthe obeyed. I Ipeak this without the
lean reflection on earth as meaning to fuppofc
that any thing was doge amifs intentionally : but
I think, in this cafe, the Writ ought to have been
obeyed. The Rule multbe difcharged with coils."
Rule difcharged.
Lord Kalsrott, in deciding a Settlement Cafe,
earneftly wilked that the hfigifirates were not
preffed to referve fe many cafes. They had been
increafins of late : they greatly enhanced the
Poor Rates, and at a time when his Lordflaip faid
be had been told that in fome parts of the kingdom
thefe rates had increafed fisfold.