Star.
London, England, 1810-10-19 00:00:00

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411 k '
• • HYMN, '
----
Composed for the Children of the Hospital, and sung at the
AnnivetsJi y Chariiy Sermon In St. nchael's Church, Duni-
' tries, Gictoher 7, 1810.—See Matt. vi. th3th vets, to the 31st.
()Tule who rest the mighty whole,
Bidtrst .tins rejoice, and planets rot,
Who guides illy wand'rer in his way,
Alia proves thyself the orphan's stay.
Thy mercies, like the dews of Ev'n,
Drop sweetness from the smiling Heav'n ;
'Thy b'essings, like the sun-beams, fall,
To chid, refresh, and nourish all.
0 rtiou! who cloth'st the flow'rs more fair,
Than all the tomp tint Monarchs wear,
'Who feed'st the ravens in the wild,'
Wilt sure protect Anction's child;
Vi'ilt to the orphan's pray'r attend,
And to the fricridle.s prove a friend:
. • And T/I ou that li- t!e flock wilt mve,
For which his life the' Suer/lain gave.
l'hou bidd'st the benefactor kind
• NVith truth illume the darken'd mind;
The naked clothe—the hungry fee:—
And to thrill' the erring lead.
0 ! LORD of mercy! GOD of grace !
In pity still lschold our race ;
In ev'ry heart compassion move—
And let thy kingdom all—be Love!

w. CILLZStIE.

• •
PR;fit faii filthi7l7"aril rr SPEAK2'.R:I
As the snit now Alone between these two GeniteL.
men must speedily be brought before a Jury in West.
minverliall, and as the points to be discitss‘d. ate
not only of great import to the parties immediately
interested, but also of great public and constitutional
inagnitude ; and ;;s it has therefore been deemed by
the Judges entitled to the most solemn investigation
that a Court of Common Law can institute, namely
that of

TRIAL AT BAR,
We consider it a duty, at this crisis, to give the public
a _summary derail of the nature and practice of the
proceedings in that mode of process.
In early times all trifling • suits were tried in the
lower Courts, such as Courts Peron, County Courts,
and the like ; but in matters of consequence, where
actions were bronteht in the superior Coons, the trials
there were all bad at the bar of the Court where such
actions were Commenced. But, in process of time this
fell into d suse, because the number of cases litigated
increased so much, that it became an intolerable bur-
then to suitors to be compelled to bring witnesses and
jurors from distant parts. of the kingdom. So that,
first, by the Statute of the 13th Edward I. a power
was given to try all common causes in the county
whbre the cause of' action arose ; and now, by virtue
of the Commission of Nisi Prius, all such common
causes are tried both at the Assizes and at the Sittings
at London and Westminster..
A Trial at Ber can now only be obtained by mo-
tion in Com t, made in Teim-time, and granted upon
affidavits, stating the intricacy and importance. of the
cause ; and if it be allowed, it must be upon the con-
dition that the jurors must he special.
It can only be had in Term-time, because the Court
must; sit in full Bench, i. c. the four Judges of the
Court must be present. It is wholly in the discretion
of the Court to grant such trials, and they are never
allowed but in cases of the utmost importance,because
they are not only extremely expensive to the parties,
but they are also productive. of great hindrance
teethe business of other suitors; and it is•not enongh
that the affidavits upon the application for such in ,de
of trial should merely say generally that 'the cause is
expected to be difficult, but the particular difficulty
must be set forth, as was the fact in the case of Rex
v. the Burgesses of Carmarthen, Say 79.
There arc instances where the Court allowed Triale
at Bar without an affidavit, but that has been where
either a Judie of the'Court, er a Master in Chancery,
had been a party us the suit. See Merton v. Hop-
kins, 1 Sid. 4'07.
In granting this mode of trial, the Court is em-
powered to impose upon the respective parties what
terms they please, particularly on the party applying,'
as that he shall receive only Nisi Pries, or Bar costs,
as they'may deem it expedient.—Holmes v. Down,
Doug. 426. It cannot be in an issuable Term, un-
les the Crown he interested. See Denn v. 'Lord Cad°.
gan, and others, Burr 273. and the Corporation of
London v. Lynn, 1 C. B. T. R. 206.
Bnt if the action be laid in London, the cause can-
not be tried at bar, because of the Charter of London.
which exempts its Citizens from serving as Jurorsout
of the City.-2 Sal. 614, and Str. 356, unless the Citi-
zens waive their privileges (which they may), and
then trial may be had. Sae Locker v. the East-India
Company, td Wilson, 136. It is always moved in one
Term, to be tried the nextee--Cook's Rep. 66. Nor is
it ever granted until issue be joined, because it would
be infra dr:gnitatem to grant it, until they previously
knew whether the isue joined would be a matter of
difficultyor not. See the case of the Borough of Christ.
church, Strange, 606. Except in cases of ejectment,
because there, as issue is seldom joined till the Term
is over, it would in general he too late to apply fir
, such trial after it is joined—Anon. Seg. 155.
the truly philen- 1 When the Court allows a Trial at Bar, they always
rich) preached a fix a day for it, previous to which the pleintitf must
the benefit of the give 15 days notice to the defendant of prosecuting
ent in this town, his cause, otherwise he loses his Trial at Bar, but he
Ethiopian change, may countermand it ; which if he does, it cannot
Thea,may ye also' again be brought on unless the Court will appoint a
' , evil." From day, for which the plaintiff must make application ;
were brought up , but it is to be understood, that a second motion orthe practice of rule cannot be had between the 'tame parties in the
it the early same Term.—Cantillar v. Lord Montgomery, Fite-
seeds of religion gibbon, 267:
might bestrongly In summoning the Jurors, six days' notice at leas;
ime when likely must he given to them, otherwise the trial may he put'
neglected ! off.—Rex v. 9wen, Say 30 And in Hi!. 6 Ann. in
in:
spring up, the Common Pleas, it wits held that the Pleinties '
eeions, unworthy-
Attorney must, before Essoin Day of the Term, in
' degree of brutal whiCh the cause is to he tried, give notice to the chief
.t, upon cakuia- Prothonotary or to his secondary, of the day whereon
the labeetrinet it is to be tried, that it may be set down in the Court
ad or write—and Book, otherwise, without the special direction of the
!
.ficence of indiyi- Court, it cannot be tried.
tr • which he was I There have been instances where the Court allowed
h to see the edur
the trial to proceed, although all the Juorors summo-
mied. He verY I lied did not attend, the plaintiff praying a tales. But
able exertions of ti at was when the ensuing 'Term was an issuable
and noticed, as a , Term, when Trials at Bar could net be had; and in
" that out of i the case of Dena ee Cadogan, Burr 273, before reci-
-1 by him, amidst ted, the Court ordered a tales, to save. the parties ex-
apelis; nut a S:n• ptnce, and although this was on the Seturda'y, they
as a criminal in a ordered it to be returnable on the Monday following,l
:he greateapart of which is the only instance of the like upon record.
Lomirtiously, could 1 New trials may be granted after Trials at Bar, as
the authority of well as after Trials at Nisi Pries. Bright v. Eyenon,
is modern distin-
Burr, e;95.
ivantag,eS of early
In all cases of Trial at Bar, the Judges of the
a religious view ; ; Colin where thefrial is had must have copies of the
issues deliyered, to them four days at least before the
Society foi.bettcr.
much regretted day appointed forsuch trial. Rule Mich. 3 Geo. IL
the Llgi stature fur
no regular pro.- I
the educatiou of, resin' oeNEwoArE!—Mr. [Abets occupies the best
tally nee( scary with apartments in Renate ; has free ingress to, and egress
'hereby he rendered i from, the he leceper's use ; and lives, and looks, well.
tri- en ,bler defen-
ianot so happy. His accommodation is bad, ,
1
liieees ; and as ! and he is literally lingerint out his span of being I
of I.J-rectory and
Fliefe/d, who shot 'at the 'Ting, now sells walnuts in
azidgdod thii.prison.-e-),Reheratedouble-ironed, seems ill at ease ;
•uCtioaatnieig the : and tries to 'pull his hat over his face, whenever visi-a
coristiiuted the tors chance to inttude.—Blizabak Hinchclife, the t
ibuted sulargely to young girl who was sensenctd to death for designing'
iddling and opulent to j)oiton" her mistress, but was previously !seem!).
;at a very edeeteex.l sheltered to mercy, appears quite stupid., even oafish ;
course, wetaaakeill and says, that her mistress used her 11, having peva
edged to Beneath her clothes to heratta her decease !
collection ht both '
being a larg r satet, eettfdaffererning early, the house of Mr..1c:,4,5,
•
beeei Loved here on a • AL laoxton, was broke open, • and robbed' of a. large
- • ; quantity of linen, wearaig apparel, oct.