Star.
London, England, 1803-02-16 00:00:00

SIE 3 UESTR A 710143. he IN SCOTLAND.

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LAW INTELLIGEACE.

COURT OF KING', BENCH, FEB. iz.

r.ars V. DICKIE.

This was an application made by Mr. Dickie,
flationer, in the Strand, in a cafe in vdiich J. Ark,
Goverrol of C'•ldb:tth-field. !nil-n, was plaintiff,
and himfelf defendant, to I offer the caufe to be
tried before a Shet iff's Jury. His affidavit Rated,
that the defendant was unable to pay the expence
tr) ins the cafe before the Court of King's
Bench and a Special Jury.
Lord ELLENBOROLIGH obferved, that this was a
tqueltion of confiderable importance to the plain-
tiff, inafnnich as he was charged by the defendant
with having caufed the death of two perfons under
his care—a charge amounting to tithing let; than
tniirder ; it was therefore requif.te to have it triad
before a competent Jury.
Mr. GAR Row agreed to bear the difference of
expcnce, and the cafe is to be tried at Wellminfler.
THR EARL OF STAMFORD SIR GILBERT H►ATH-

COTE A!.D OTHERS.

'r. ER SKIVE, on the part of Mr. Dimock, one
of the defendants, having obtained a Rule to Blew
catiit why there (hoold not be a trial at Bar in this
cafe, Mr. KELLY, on the part of Sir Gilbert H.rath-
cot:, anothtr of the defendarrs, walled the tau&
might he tried in the county r f Lincoln.
Mr. ERSKINE, in fupport of the Role, laid, he
had the honour to reprefent Mr.Diniock the Cham•
',ion of England, and it was rally out of refpeel to
the' Court that ht had rat mad: this motion on
liorfeback. He had thrown down the gauntlet,
and no man had been bold enoinh to take it up
but Mr. Kelly. A 'Trial at Bar in' this cafe would
be attended with many conveniencies. Some of
the records to which they mull refor t for evidence
were not very legible, without the aid of a large
burning glafs. Twenty-one toss fillips or parilheo
Avert iiitcrefled in this land, which confided of
i0.5c0 acres, and was of the value of do,aool.—
Theft claimed a tight of common with rcfpeet to
7000 acres of this land. He did rcpt mean to fey
it would not have a fair invefligation on the fpot.
But certainly there was a pretty lively intereß,
adhere In many perfons were concerned. A 'Dial
:it Bar, with the afiltlance of all the learning of
the Court, would remote every objthion. The
evidence might give t ife to many important codf
tions of law. And this being the cafe, where fo
ruany perfons were concerned, it would tend to
qoiet the queftion much more than an ordinary
Trial, efpecially where, as in this cafe, in conic.
quenee of an At of Parliament, a great number
of people were to receive fomething in lieu t f
their rights, which was to be
_dealt out to them
by another meafore than the rules of the Common
Law ; they would with to have their caufe tried
before the higheft tribunal, and with all that atten-
tion which its importance deceives.
Mr. Gin's, on the fame fide, Rated from the
AR of Parliament, that the Legiflattsre forefaw it
might be deferable to try this cafe in the county of
Middlefex •' and therefore it fisted, that it might
be tried in that county, if the Court permitted it
Lord E LLLLL ottotia uthonght there was nothing
to diiiingnifh this cafe from every other cafe of a
right of Common, except that there was a greater
quantity of property, I o,yo! acres; but though
the acres were many, it did not follow the points
of law were many. And the Court had filch a
mars of bafinefs accumulated before it, from vari-
ous caufes, that they could no: try it (however
much inclined they might be), without robbing
others. The Court might otherwife be difpufg.N.l to
make the Rule abfolute.—Rule difcharged.