Star.
London, England, 1811-01-30 00:00:00

LAW INTELLIGENCE:

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COURT F ICTNV'S pENtit • JAN.

REFUSAL OP A PUBLICAN'S LICENCE.
Mn Ccaoroan applied to the Court for a Rule to
shew cause why a criminal inforrnation should 'not be
filed. against two Magistrates of the county of Salop,
for, refusing to grant a person of the name of Morris,
a licence to keep a public house in that county.. Ha
stated, that the person on whose behalf he made this
application to the Court, had purchased the house in
question, in the year 1809, and gave ,C3OO for the
good-will, and that it had been a public house more
than 300 years.
He was proceeding with his statement, when Mr.
Justice BAYLEY enquited hote)ong it was since the*
Magistrates refused to grant it ? and on saying it was
at the last Michaelmas licencing, the Court doubted
whether two terms should not have elapsed before this
application could be made, and therefore, until that
point can be ascertained, the further consideration of
the matter was postponed to Monday next.
LIBEL.—BELL v. BYRNE, •
This was an action brought by the plaintiff; who'll
a merchant in the City of London, against the defen-
dant, who is the printer of the Morning Post, for hav-
ing published therein a certain libel, wherein the Jury
gave a verdl4t fur the plaintiff—Damages Five hun-
dred pounds.,
Thisday Mr. CURWoOD, on behalf of the defendant,
moped for i-ritle to shew cause why a nonsuit should
•not be entereder.a new trial granted.
He stated, tlaaa,thetnatter charged to be libellous
was. an extract taken from a Dublin newspaper, which
recited the side of a late Attorney General fur
Ire-
land;,'• in' which".wert woofs accusing the plaintiff
(Mr. Bell) of being ".taken into,eustody in England
. on a chargers* •High Treason," and which extract
watt' Way ptilehslied; or rather republished, in the
Morning •Post:
Mr. Conwoon founded his application on two
grounds, the one that the evidence given on the trial
did nut support those counts (the 6th and 601) in the
declaration*, on which the verdict was given ; and the
other on account of excessive 'clathiges, illustra=
ted the first ground by adverting to the evidence, and
so the words of the declaration ; and the 2d ground,
on the priatifle that the plaintiffeould not be damni.
fled to au-extant like
.that given by the verdict, as he
had permitted the very same publication to be issued
forth into theviorld eleven years ago in Ireland, and
during all that period never took the least notice of
it 1. which he cOnr.etided would not have been the case
if the plaintiff had foirnd himself, iA the least injured
by it:. %dela shew cause granted;
Taeil tetice NNW. KIN&
14„Caiiiisnal O ti!.o.l4vi who intended some diyi'
since to move forimew trial, on behalf of this &feu.
dant, convicted of perjury, but could not for the ill:
stessd fits client; who was unable to appear in Court
during the motion, nose produced affidavits from ttirol
eminent surgeons, stating- that the defeAdant,dowri'tai
yesterday, could not leave his room without inuninenti
risk of his life. ;'which circumstance the learned Ser.:l
jeant was about to urge as a sufficient reason why thel
Comt should, dispense with the defendant's presence 1
duriewhis Motion for a new trial.
Lord'Eurtsonovon, however, interposed, and ob:
served, in which the other Judges concurred, 'That
thcCottrt -weld, upon no account, break in upon any
of .its established rules in this, particular. Were they i
to grant such an indulgence to one individual it would
open the iltacn: to the abuse of it in other initancel.
Mations of this kind must' always be made in the
presence of the party app,lying. The Learned Ser-
jeant must move on a day,' as soon as the defendant
can possibly appear in Court ; and an affidavit must
be proditeed at the time, that this was the first mo-
ment he could be produced in safety ; because, as
ill health is the ground upon which this indulgence is
granted, be must prove that on oath, or he cannot
swear truly."
28.---.TAIB XING v. FINNERTY. •
Mr. GARBOW prayed the Court for judgment
against the defendant, who had suffered it to go against
hint by default, for a libel.; but the Learned Counsel
consenting to the application of Mr. CLIFFORD, Coun-
sel for the defendant, to postpohe the judgment till
Thursday, a conformable order was.made by the
Court.
TAE KIND v. GREGORY; ZSQ.
The 'ATToRNET-GENERAL moved the Court for a
rule to sh-av cause why a criminal information should
not be filed against Captain Gregory, of the Royal
-North Glotilester Militia, for insulting Mr. Wilcox,
*late Mayor o,s: Blistol, with an intent to provoke him
=o a duel. .I.le option was made upon

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