The Statesman.
London, England, 1822-12-03 00:00:00

COURT OF RING'S BENCH, Dlc.2.

•
• R. cARIALK v. ----PARKINS, isQ.
• . This was an action brought by the plaintiff to rams
%tot the 'defendant, one of the late Sheriffs of Middlesex
'wet London, a compensation for the alleged injury he bad
`.'detained by the Sheeiffs having retained his property,
" la their bands, instead of selling the same, as directed,
by the Court.
. • • The plaintiff', ease was conducted by Mr. SCARLM ‘
.4.41 Mr. Joe. Keane; and the defendants by Mr. H.
• • Noaper and Mr. ARcituOLO.
Ls • • Mr. ScARLETT stated the case on behalf of the phis
fiff. Mr. Carlile, who, by this action, sought to recover
,s compensation in damages for the injure he Lad m-
\isdeed by the conduct of the late Sheriff, the present
defendant. He hall no knowledge of Mr. Carl& per-
%ovally, but he had heard much of him. He had no:doubt
Oat the'Jury had also heard much:of that individual.
n. should, however, sod to conduct this cattle as
if he had never heard the name of Mr. Carlile before,
Ind he bad no doubt the Jory would discharge their
ciory in the same way. la his opinion, unless tbs Jury
this day found a verdict for the plaintiff, a precedent
hi,ylily dangerous toll'e liberty of the scbject would be
established. If an individual was for soy offence len-
tinekd to fine.and imprisonment by the Court of King's
Heck he could not believe that the Court ever intended
of the law would tolerate, that a Sheriff should so
*errand the power which the law gave him in such a
case as to entail on the defendant ruin and imprisonment
for life, by the seizure and detention of his property until
the aspiration of the teem of imprisonment—and,
having done so, then say. "Now take your resources,
• yourself." Mr. Sheriff Parkins
present case. He had detained
Carlile in iis bands in the man-
-1 plaintiff, as the Jury well
ailty of publishing certain libels,
sentenced to three years impel-
heavy floe. Immediately after
(trap Acids was issued by the
irectieg him to levy the fine of
.'apeoperty. This writ seas issued
•., a as he should nowconteod,
e soldkiamediately, and without
what did the Sheriffs do? Why,
ten to the Courts, which he
in 'compliance with the writ
proceeded to sell the pro-
and bad sold so much as pro-
, they bad paid 241. for King's
inhobited by Mr. Carlile. The
their baud, ready to be applied
direst. They then proceeded to
leader of the stock of the shop
r.....fi1l is lkeizJtande, and that they waited the ditec•
Cod sit the Court bow they were to dispose ofit. The
ourt by its writ 'aid " we direct you to sell and not to
wide the stock;" but the Sheriffs replied that.amonget '
Ifie stock there were
.copiea•of publications Whicklami •
Bien declared libels; suppose there were, wis Odd ally
encase for the Sheriff ',Weiser alye.wboleetoCklptheir
?ends? Why, emongsttbesi libels, as they art called,
were twebty-five co ten of Dr. Watson's Defence or the
plble—a meet excellent wock. There were other works
niftily unexceptionable and valuable. The whole stock
teal worth not less. than 30001., hit it been sold then ;
*re mu a valuable stock of periodical publications,
which, bed they. been sold it that tine, would have pro-
diced a very considerable aim bet heeler been now
etained and locked op by the 'Sheriffs for three years,
yam worth nothing erecept for waste paper. He contended
thet eves eupposiag there had.beestsome libellous works
apanst this sto ck,t hafieriffs oarb t to have soli all wb ich
wipe cot so. If the conduct which bad been adopted by
{tie defendant could be justified, what would be the et-
teeth-NI of any booksellei ceoivicted of and offence which
isidected hint to fine and ',imprisonment? There was
pot a bookseller's stock• In existence in which some
reek might sot be found which a Sheriff might not con-
tralto to be libellous. Fir instance, any volume of
t` klume's History of England," or any volume of poems
pa Metaphysics, or Historical Work, would furnish
?hat might constitute libel on some one living or dead,
an.tho estimation of &Sheriff. and enable him to detain
the stock of an individual, all the period of his imprison-
saw. and so reduce it le rale., as had been done in this
ease, that at the expiration of the lodieidual's imprison-
ment, although at its commencement it might have bees
worth ten times the sum, it would not produce sufficient
to pay !defies., and he be thus, as Mr. Carlile was et-
tetly raised, and reduced to imprisonment for life. He
concluded by again calling on the Jary to decide in this
cps is if they had never heard of the name of Carlile;
and he was convinced they. would then find a verdict
eompensating him for the injury be had sustained.
. Jar, HATWARD., Solicitor to the plaintiff, put is the
writ of /rearijacias, and the return of the Sheriffs,
staler, that they had levied and sold to the amount of
141. of which they had paid 241. for taxes, that, the re-
Poloier 301. they retained in their bands, waitins"tbe
t4ortions of the Court. The return farther enumerated
penstock still retained by them in their heads, which
OOP knew riot how to dispose of. consisting of maw
(ewe copies of the Republican, Tom Paine's Works, Co-
*m of the Mock Trial. of the lillacl, Book, of Sherwin's
Register, of Cobbett's Register, Letters to Canning,
&Item to Sir Charles Abbott. Charles Phillips's
lipeeebes, Cobbett's Drumm:. Csritomon Sense, lisle
1/sioes's Speech, lac. • Is' •/ ' •
a •Mematexamined.—Knows melp Celine', shop; there
were certain,inscriions COM pod within side the shop;
"The Temple of Reason," se as within side the., shop;
don't recollect whether thery. was such an inscription as
0 Office or Repository for tip e sale of Republican aid De-
Weal Works," or, "Office for (beagle of the Repablican
Arid the Deist." The let/ era now banded in art: in the
itand-writing of the plait 'tiff. . .
lir. Aacasozo here f.bjected, that as the !odgrrtent of
Oe Genet wee not put Po and ;trotted; the writ of lerari
Viriskirsoald. not be re/Jel Yid Jo evidence. •
t • - le, 'Sea s cart i wit). eat* my friend trouble on this
point ; I have a coil tfor takier the goods In trove..
3lr, A acnnoura—That, my Lord, will put the plaintiff
bit of Court.
The Cutudiregigic; bo looking at the record, over-
ruled the objeotiott,:: The jodalment of the Court was
laffielentlf penalty the role id' Court for lasting the
)11/23i, -,.. - - I
Oharles torn deposed that ;be was placed in the care
ditike plakteiff's 'bop on 'the 16th •of November, the
.1•110.14 the Optima:* Was bet tight up for jadgment.
Herkivoie4 the Sheriff's officer; was the person whit came
istiestioOk possession of the oboe, mid .all that was in
air'Ow Hopwood sealed the parlour door, and the shop
'dtlegiiee front was 1301::N1 ins' tie. It remained in that
Ahlp six orieven weeks; T•te IM‘Okg he removed, the
)6. hold Militate wi s sot I, Vi'itness was in the shop
dpe4
Hopwood 4uittet. pus- i•ssion ; every thing was re-
id,except the she) ves a i:1 counters,
,141oai-examined.-1 lie s' lop was open ill day till the
,owtoong •
;dyes not rey ,allect Abe inscription " Th. Tempi*
•esf lai°ll9olll. or Office :for ft. F. isle of the kepobliceo sad
Dulatk" but thinks t!‘ ..y 111 Ight be op. Hopwood cause
'into -possession about tour tor live o'clock.. kletook pos.
f Ashen of ail the boo ks in the shop.
J 411114 Griffiths di tows r that he bad seers the schedule
of the stock. and ell alatt ' the 'value, with•the exerptioa
of a few books. Tito. I yelped amounted to:1,140/. ;
r
. with a few excepll4 is I ay Were now worth nothing
except fur waste pa :tar- t
Crosii•ellansined-. Can' 1- eldeolate who shey.woedd be
• worth to sell id. e nose,Yl valued the.. at retail price
• —rani say how Its ter the I, weskit have taken to sell by
retell, perhaps two yeart , bat understood they bad a

q~

II

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and manage them for yourl
bad so acted in the preset
the property of Mr. Carlill
ner now described. The I
knew, bad been found guilty
;or which he bad twee soots
1e
meet, awl to pay a heal
• judgment **tit of leval
6 ' .rt sql the Sheriff. directi
. . , on't be derendast's,ra
tinthe,loth of November. am
the ;Sheryl ought to have sot
&Joy t iasteed Of whkh wba
Mcorcf4g to their owp tete,
e;oild read, they 'said, that i
directed to them, that had
petty et Richard Carlde; as
doted 541. of which mint th
Tales due on the house, inbi
pther3o/. regained in theii
a the Court should direst
fetnin that the remainder
.... . . .