The Statesman.
London, England, 1819-05-24 00:00:00

LAW INTELLIGENGT.

COURT OF KING'S 11101 CH. Mar 41.

►MAYOR or PETFOWIELn.
Mr. moved t.. snake the Ride tbaotate
which he bad obtained in this use. .

Mr. Sctaxcrr stated, that tadi Or: ;rnittected to
oppose the present application, whit vso far ,11 in.
formation in the stature of a Quo War-Selo, callinit
upon Mr. John 111 to show by *bat aathnrisy
be claims to be Mayor of Petersficl.l; and It se+rned
that it was founded on two objections to the election
of Mr. Meer*, to that office; bet be traded that he
should so satisfactorily answer these objectibns, that
the Court would visit the party applying for the
Role with the phylomit of the costa of Ike applies-
lien, which, as the affidavits were More eislemintia*
than any be ever recollected to htte tee's, he bad tie
doubt would be sufficiently linty. TM first istiltee
lion ams that the Steward had selected and semi-
slated to the Bailiff of this Coed the persons
who were to be temosoned to serve on the Jeri. :
and the tither objection was, that theie was sorting
on that Jury a persne not duly (testified by ►euisncV
within the joritdiction of the Cord, to act as a
Juror there: The application, be said, appeared to
be brooded upon a misconception of the otters of
this Borough. The affidavits did not rentals toy
thing about the Heroegh, bet simply slated it to Os
a Court Lek. A Court bet endoebtedly it was►
but it was an ancient customary Court, metaled
and governed entirely by casein. His !.pureed
Feletsd (Mr. Warms) bad In his effidavlts Introduced
a variety of Stewards, who 'toted the customs elf
I their Courts; and it appeared, though in general, be
admitted, shot they did sot nominate the Jell, t:•at
they all 'tried in some degree, and that none et
the precepts used by these wets consittent lelsh thsC
precept for sesamonieg a Jury, which he found sea-
tionrd In the learned t►eatise on Coed Lists by
Chief Justice Scrogsa. His Learned Friend (Mr:
Warren) had cited an Act of Parliament to show
what was Om ditty of the Sheriff in seninesnint
1 Juries, 11 Hen. IP. e. 9., end also 3 Ifni. VIII.
c 2. r►citing that ingoesit bad of late been taken at
Westminster by persons named to the Justices with=
net dee return of the Sheriff', and enacting that 114
indictments so made, with all their dependencies.
be valet and of no effect, and that thencelnrward
no indictment should be made by any tech pertene,
bet only by inquests of the King's lawful liege peepl•
duly 'mooned by the Sheriffs or Bailiffs of Franchises,
without any manner of noosioation to she sold Sheriffs
or Bailiffs of Franchises, except it be by the officer*
of the said Sheriffs or Bailiffs sworn or spp.inted so
to do, sod that if any indictment wad made contrary
thereto its any polo', It should be held altogether
void and aril.

The Larne., Counsel they, said, tit the Act cer-
tainly did declare that sio person stiouitl ouccest to a
Sheriff or Bailiff of FrancLi,et whom he. ass In re-
test,' the brie., bet that it cleat y coed not ap-
ply its a Cove Lee, because • Court Lee sea sot
bed by the Bailiff of a Franchise ; and, secondly•
become so mean coed be tried there by indictment.
Magas Charts hieing expressly declared, that ha
pleas Orb, Crows should be taken *Rhein Commis-
sion of the King.

Lord Chief Justice A aIIOT enquired what uss
Wart of the race in question ?
Mr. SCARLET-1' stated, that Petersfirld use an an-
deist Borosgh, which hid returned kleo.bers of Par-
liament as !oil as any Borough had; that there was
no Charter, end flat the only duty the Nlsy or had to
perform was to make the returns of these Members.
That the tight of voting was in the Frreholders,and that
it appeared from the affidavits of the preseotSteoard,
who bad held that dice nearly sitarists years, the flee.
James Cookson, Thomas Chitty, and others, souse of
whom, recollected the place fifty or sixty years, Bast
these freeholders had always bens towed to serve
on the Lest Juries, sod that the Steward had alma; a
been accustomed to insert the names of the Jurors its
his precept to the litilifl, esti that Nobody remem—
bered a different practice ; and be therefore contended
tINt as Magna Charts spheld the customs and privi-
leges of Coutts Lett, the Court could sour, on 607
principle, say, that these customs wet, vicious;
that besides, it must be a matter of indilfereisce, .Mo-
ther the Steward or the Bailiff selected the Jury, as
both those officers were appointed in the soma man-
ner. That unless his Learned Friend (Mr. Warren)
could show that the cesium was 'Scioto in tote, his
must take it as it eaisted, and could not cell on the
Court to Impeach any port of it, because It was SOL
anomaly on the Common law ; and, its association,
he stated, that he did not know whether the new lights
thrown on the Borough might sot discover some other
person to be the itetarniug Officer, but that he was
not yet found, sod he trusted that they should keep
the preseot.

Maattoot followed on the same Cole, sod
lugged, (bat as the Jaror who was objoeted as a
noo-resident, was a freeholder hawing lands withim
the boroegh, he was competent to serve ow the Jury.

Lord Chief Jestice Assor.—" The 1t,,. James
Cookson, clerk, is the parson objected to, as is.t be..
log a resiast—yos state that be has a freehold ?"
Mr. Jetties BATL[T.—." If be a freeholder in
powerless or net ; does he occupy ?"
Mr. MARRYAT said, hat it did not meet front
the efficient', bat that he eel told the prettiest' writ
in the occupation of a tenant._

Mr. Jeanie, BATLIT.—" Il+te you 11111 authority
which warrants the putting upon the Jury a man who
is not residents cutely upon ilia ground of his being •
freohoWer ?"
Lord Chief Justice
necessity f"

Mr. MAIIIRTAT said,
embetlty which prate'',

Jury unless he film oho
Mr. Justice BATLEY

Steward io this ease wig,
all of thew residing at
uotd like it trotter, at
Mr. SCAllLrrt.—"
the Steward is !snood hi
Lord Chief Jetties
the costae Is to swear ,
Mr. Sc*lLtrt.
her ef Feeirolders in the

are v. sun a■ the 'or,

ve•l,

WI
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i

,i,

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ASIOT.—" And Orithoot any ti
I, that be ass riot sears of any
,nts any body being pet on tins •
ho objection.
Then yes think that the
gh t have nominator( 13 persons,
Portsmouth, or If Mr. Swims
t Poteiburough ?"
1 do Dot say that, bet I nip , 4
by elm cutout."
AalioT.—" And pis Nayarit 91.,
persons oho are not reimits:" •
Yes, there area limited
nsm-
to Borough, sod those algae
• AI """liwalailllll.loninvya. •