The Statesman.
London, England, 1819-11-19 00:00:00

WRIT OF PARKAS CORrus.

111 TUt MATTAIL •r lITANIAT GOODAS; A *AIM

RUPT.
The LOOM CUANCELLOIR on coming at. Court,
ebteired, that he lied recoolered this ease, sod We
',Tiniest OAS not altered. that the commitment of the
'Commissioners was goad, therefore it was out of his
power to order the discharge of the bankrupt; it
would, however. be satisfactory to him if the bank.
rapt took the opieloo of the Court of Riog's Beach
er Comae. Pius es the subject.

WRIT OF ERROR.
TILE LORD MAYOR'S WOURT.
amino:, AVe mita+ V. MURPHY.

TAO ATTORNEY Gamuts stated he bed a motion
to make, se set aside st writ of error, grassed by the
Great Seal. There was a pi:otiosity is the circus-
statues of the at. that entelnly made him at • lose
bow to address dm Coed es the subject. He bad
!bolted into all the books that bore on the subject
and he was sot able to lad a proudest where Web
h writ had been before granted on a similar proceed.
ins. The Plaintiffs brought an action against the
Defendant is the Mayor's Count of the City of
don, to recover a large sem of money. bet he did
not appear, anti, of coarse, was in contempt of
Court. An otteelintowt was theo issued by that
Court against Lubbock mod Co., the holders of five
shonsand els hundred portals, the unties of the He.
fondant, to which attachisent Lobbied' end Co. re-
turned that they bad no efforts of the Defendant
the Mayor's Court gave a verdict agent.,
Lubbock sod Co. for 50001., as garnishee; the
meaning of which was, that the penes recovering
the mosey from the garnishee should bold it, has if
the Deegan, the person indebted, pet in an sp.
penance or bail in • year and a day, the eionin
were to be retonsed to the garnishee. In this es to no
each bail or apprentice bad been ante. - I by the De.
fondant, sod the writ of error was g•I: ft! to the
garnishee, and it weeds, fret iastanco of such en sp.
pliestion having bona mad. ; no blame could attach
to the Groat Seal for having grained it, for every
person knew how it was obtained, by the mere rou-
tine of the boldness of office. lie would not tumble
his Lordship with the facts of the canes they appear-
ed in the Mayor's Court, as, if he did so, it would
show that the writ of error wee merely applied for,
for the purpose of &ley. Under these considerations
he had no doubt bet his lordship would gnat his
Motion.
Mr liot.easn followed, and stated, that a plain..
tiff sued a defendant is the Mayor's Court in the
saw. .ay es be would la a Court at Westminster,
with this eaceptioa, if a defendant remained la mese
tempt, se ettechmest issued naiad his goods sad
his mollies whinier Need le the City ef Leeds..
The garnishee thee, in this case, had es 'Memel;
if there was as error Is the record, the Defendant,
by clearing himself of the contempt, might NM 18
end take adventop of it, sod met the proishee.
Mr A RAPIN followed oe the nate side.
Mr. NORTON, Counsel for the proishee, cage
tended that his Client had an letterset, and the writ
of error was properly granted; for, If be paid the
money under an erroneous jadgmoot of the Mayor's
Court, and en action was brought against him by the
Defendant for the recovery of It, he would not he
able to defend himself on an invalid record. It
oneM not I ,theirs be improper in him to let his
Lot,,,ltip hare en itt6ght into the Me. Th.. Defend.
•rot, Murphy, witr sae io t foreign country, con.
,igoed • quantity of goods t., Pinuard and f:c.,
they paid the proceeds of ins sale of the 'triads to
Lubbock and CO. for the en of the Defeadant,—
When the cause was tiled heron the Recorder, evi-
dence was offered to be given, that there was a long
pending *cement betweeo the Plaintiffs and the Ds-
fes•dant, but the Recorder said he could not try
that ; be therefore contended, that the Recorder was
in error. for be ought to nave tried that point, which
was sufficient glowed why his Lordship should set
Brent the motion.
The ATTORNEY GENERAL replied, sad said, that
by the admission of his Crooned Friend, Mr. None.,
the writ of 'nor could not steed; for if the name
of too Recorder was wrong, they ought to have takes
eaceptieos to it.
The Loss ellAIICBLLOIL•-'s It appears to me
that the rub of error most be quashed. We have
gnat difficulty here. Mr. liollaod, of knowing
whether the Lord Mayor's Court takes notice of
nitrify."
Mr. BOLLAND.--" It does not, my Lord; bet
the Recorder sits in another Court for that psi.
pose."
The Lose CRENCELLOII.—" I thought se; and
when he has as much jails/liaise es I here."
Mr. BOLLAND..-•" Where he has jurisdiction, bet
set to the eaten of your Lordship."
The LOUD CUANCILLOR..—" lAPT the writ of
error be weashod, with liberty to search if ever such
a writ had before Wood le • similar sae."
Ills Lordship was eccepied the remainder of the
s'ay entil we o'clock is hearing motions of no lets.
rest except to the parties ceneersed At that hear
Ibe Caen ten.

COURT Oh RING'S BERM. Nev.ll
TUI WWII P. THEIBARTHEI.
On the motion of Mt, &gimlet Pau,. S. Troy,.
thin oat broteght op foe jadgmeat, he Weise bolo
frond gooney of obstructing some Rennes Menlo
the discharge of their defy. is elm chin a winsome(
assistance in see of the Scilly bloods.
The Court. after a short conseltatioe together,
sentenced the Poisoner to two swathe imprboomeot
in the gaol at Beduin.
THE ZING o. ems STOE.
On the series of Mr. Jeers+, Price Soar, Esq.,
el breoght op for judgment. for bathe bees cou•
victed of an assault es Bodham, Est , a Sot-
ore or of Tatty.
From the notes of the trial it *prated. that the
Pru.eceser masa Serveyor of Tales is a district
iu
llerefotol. The Delt‘deat was a Gentleman of can.
sidetakte property, and a Captain in the Ssafordohire
Yromanty. At a pablis dieser, the partite had
lapen sitting together, skeet a Wig Hu proposed,
MLirh the Defrooslast refitted to drink, upon skich
i.e ri;,becatta tai; la a 121 toot, bat tied cc cgs%

to be heard by the Defendant, that it was ongeotio-
wanly to refs.. the twist, and that they who re-
fused might leave the room. Ups. which the Da-
lewdest said, that be (tie Promoter) was a rascal,
or word. to that elect. Tba Promoter asked.
46 Who?" and the Defendant replied, 41 Yes," and
taking a decanter, throw It at his bead. Ti. Pro.
Nestor held op Warta, sod thereby sated his bead,
but ',mind a mere cot on the elbow.

The Comte hers asked why it was that this stator
had twos removed from the Qoarter Session.? They,
of coorso, felt that the eondoct of the Defeat'loot
was sot jestifiable, bat then they saw attain is it to
have pot hi• to the caprice of appoarisi ban for
jodgo.est.
M. J saris said, that as employed fir the present.
lion (which ww soderasood was conducted at the *a-
mmo of the Board of Tsars). Ito hod In disrharoo
his defy there, is priyisi the jade:soot of the Overt;
hot be would is this instituter, as he always fait dia.
posed.* do, bow with deforests@ to soy gauntlets of
the COMM

The COURT said, that they semested twigs& bet
could not help rearetiieg the mode which hid been
edepted on the wont occasion. If, however, Ike
Counsel for the prosecution pressed the Issuer, they
would hear it on both sides.

Nlr. Juni' Impressed his readiness to molest, in
any thing nhich dui Conte sight think 'staling.
Tim Count then proposed that Mr. Slot should
enter into s recognisance of 1001. to appear and
rervise judgment .ben called upon. sad that in
the mean time ho should keep the peace towards all his
Majesty's subjects, and the Prosecutor in particelar.
This rerogni bating been given, the Defend-
ant left the Coed.