The Statesman.
London, England, 1821-08-06 00:00:00

I'

LAW ormur; B NCE.

V• CE CHANWELLOirIi (*WIT. lixTunoxr. Ave. 4.
Tat MASQUSSIS Sr &MISSAL V. ANNA MAT, VALSILT CALL
IMO RIMS/10 TMx MAROIIIOIIIIIIS Si oestmeato
This was an action on the pert of Mr. Arthur Chig
theater for a writ of prohibition directed to die Joh*
f :he Consistorisi Court of Lando% aratralaiog
from proceeding l a suit of saltily of amortise, Insti-
tuted by the Marquees of Donegal &gales& thb Mat-
t Meseta.
The motion was supported by Mr. NrSTOSSILL, Drs.
I.T.S.IIIXOTON Sad DI/DOOM sad Mr. BLADS ; and re-
sisted by Drs. Petniassons sad ADAMS.
MIST a very powerful sad eloquest speech fees
Mr. WITIZaIILL la reply,
The Vice-CosaceLLou proomteed his decision.
Hating stated all the points Involved ht the ease be-
fore the WWI sod the questions did mew est of It
to be dektled; bet however said, in the eeselesiees be
was to eonsitiet die ease as a case to be added
iple.es
They had, every day, peieleeeleler be the
«vie of law noel equity, in which fie same principle
wnli4;-4tainely, that where a party appeared to
s'efillysikfiefied and admitted facts, he could net
oilbieiew himself and (as it is termed is
SNOW) recoil from *ape fsets. The Marchisotes,
=lt (his WIWI, *OOO was umeeleuled hem
ling now. Then mane the important viefebea,
whether bones, she bad eencieded herself, she had
also concluded as intervening party. And this op
petted to be a most important point at first eight. But
the object of the law being for the benefit of persons
living oat of the lintits.of the jurisdiction of the Court,
she might wave bee right to such benefit if she chose.
Bat, then, could she wave the rights of others? Un-
doubtedly, if it could be mode out that Mr. Chichester
could be prejudiced in any possible way t if he (the
VisetChancellor) could fancy a case in which it could
prejudice him, it would go a great way to affect his
opinion. Bat be could conceive no such case. If
the jurisdiction of the ecclesiastical warts depended
us the locality of the subject, then, indeed, if Lady
Donegal had transferred the suit from the Court at A
to the Court at I. a third party ought not to be af-
fected by her set. But their jurisdiction depended
on the locality of the person. Now, how were the in.
terms of Mr. Chichester to be prejudiced by the pro-
ceedings being instituted is London, instead of
Ira
land ? So far from its being an inconvenience, it was
a rest convenience to him to have those interests
tried there, rather than elsewhere. His Houser' there-
fore, confining himself to those two points, was of opi-
nion, on authority and principle, that the Marchioness
of Donegal was now precluded from objeetiag. having
submitted to the jurisdiction, and that Mr. Chichester
was booed by her submission.
Motion refused.
The case oeeapied the Court for the whole day,
titan within a few mi sates of six o'clock.
ormismommislimenit
ASSIZ E BYTE 1,1:10 ENCE.

-••••M..-.

11014 g CllRCUlT.—Haarrona, Atmore 4.
The Assists for ibis sointy vonsdaded this day
about sae o'clock. Os t►e Crown side, which finished
tio Friday analog, there were seven capital convic-
tions, beat out of dreams were distiagnisked
enormity.

CIVIL SIDS.
Before the Hos. DAMON MOOD. Rad STICIAL RM..

Tinll6l4 *SD MILIBRINITT V. Bauman,
This was an action of replevin, brought by the as-
signees of Mr. Charles Baldero, to recover certain
goods and ehattles taken eider a distress by the de-
fendant in the family seat at Aspertoo in this county.
The defendant pleaded as an avewry. that the late fa-
ther of the defendant and the Bank being seised is fee
of Aspertoo. bad granted to the defendant by deed an
annuity of the sum of one hundred pounds sterling,
payable not of that property, with a power of entering
and distraising in the event of non-payment. The
avowry then alleged that certain arrears of the su-
nnily became due, and for those arrears the defend-
ant distrained. The plaintiff replied first, t►at there
was no such deed; second, that there was no arrears
due, and third, that the defendant had released the
annuity. This war the second trial of the same cause.
Several important questions were involved in the die-
custion, but it was now agreed o■ both sides to with-
draw a Juror upon terms mutually assented to.
1101littll V. GAVSSEK,
This was an action against the Rev. Armitage
Gaussen, Rector of the parish of Meesden, near Bun-
tinford, a Magistrate of this county, for causing the
plaintiff, a respectable farmer of Anstry, to he appre-
hended without any reasonable o► probable cause, and
conveyed in iron manacles and handcuffs to the defend-
ant's house, and for unlawfully imprisoning him fur
the space of four hours. The defendant pleaded the
general issue—Not Guilty.
This ease excited very general interest.
Mr. MARRVATT (With whom were Mr. Andrews and
- Abraham) stated the Plaintiff's case VW one of
great hardship and oppression. The Plaintiff was a
respectable farmer, of established morals and reputa-
tion. The Defendant was a young Clergyman of the
Churth of England, and bad recently been put into
the Commission of the Peace. Qn the Bth of May last,
the Plaintiff and some of his friends, respectable and
wealthy farmers, had been amusing themselves
In shooting young rooks on his feral. It
was agreed that the next day they should meet at
the Bell public housd in the village of Austey, to di-
vide the fruits of their *sport. They were perfectly
orderly in their conduct, and were quite sober. About
three o'clock in the afternoon the Defendant came to
the public house, and ordered the landlord not to draw
any more beer. This was a matter about which the
plaintiff was perfectly Indifferent. The defendant then
sent for a constable and charged the plaintiff in cus-
tody, and ordered handcuffs to be put upon him. The
• constable not being very expert at the business,
the defendant tookthe handcuffs and put them on the
plaintiff himself; and, being fastened to a person
named Wheeler, was, in that state, dragged to the
defendant's rectory at Meesden, about two miles dis-
tant. At this time the plaintiff was utterly ignorant
of the offence for Odell he was so treated. Re teas,
however, sent to the rectory, sad there confined
until the defendant's arrival, about two boars
afterwards. The defendant bad taken the key of the
handcuffs with him, and in the meantime went about
the neighbourhood boasting that he had gut the plain-
tiff in band. etre. In this ignominious state the plain-
tail wa* kept an hour at the defendant's house, hcfor: