The Statesman.
London, England, 1821-12-10 00:00:00

INTEMISTINO TO POSZMASTERS.

• UAW'S& SESSIONS OF 111 E PEACE.—Eencsoiss.
—.......
A case of material interne to the Postmasters woo
tried on the 26th ult., before the Law Committee of
the Quarter Sessions, is the 'county of Edinburgh;
wherein Mr. Mill, lessee of the post-berse duties In
Stetlaed, was plaintiff, and MINIM William Glenville
and Robert Stevie, Pastmasters in Edinburgh. were
defendants.
The plaintiff raised prnsecutionst against the do.
feltdants, before the Justices of the Peace of the
county of Edinburgh, in order to recover penalties
alleged to have been incurred by them, under the
Acts 25 Geo. 111. cap. 51., 57 Geo. 111. cap. 59. and
1 On. IV. cap. 89., for not personally attending him
with their Stamp Office weekly accounts. It 11111
pleaded, ass preliminary objection, by the defendants,
agaiast the prosecution, that by 1 Oeo. I.Y. cap. 91
and 5, *kith enjoins that all persons prosecuting
for recovery of penalties under the pat-horse duty
Acts shall give notice in writing of his intendon.
to apply to she Commissioners of Stamps for leave
to commence such prosecution, /suttees days prm.
viols 'to making such applleadoe. saij hat the —_
tit* must set forth the offence committed, the day
cdmmitting the same, and the moon of each p.
niilty intended to be recovered. That as no lntiosa-
tion had been given by the plaintiff to the defeadasts,
of his istootion to apply to the Commissioners of
Stamps for leave to prosecute, sad se such
application haviag been made. nor liberty obtained,
the proseditioa was therefore unwarranted and sun-
theriesdand, as t provision in the statute bad not
ben contplied wi the prosecution fell ..to be 1111-
i
missed. It was a end, on the part of the plaintiff,
that the enactment in the statute above quoted did not
applyie prosecutions by informations before the Jus-
tices of Peace; but wu merely in addition to the 27th
sett. of 57 On. 111. cap. 59. which required the
limiter of the duties to obtain the consent in writing
of the Commissioners of Stamps, before commencing
_ . _- .

a prosecution "is any of his Majesty's Courts in
Weetesiaster or in Scotland," for the recovery of pe-
nalties; and that the terms "action for omit," which
are made use of la section sth of Oeo. I. nap. 88, did
net. in the English law language. nor in this parti-
celar cm, comprehend prosecutions before the Jos-
tkes by isformation or complaint, but applied pro-
perly to prosecutions in Courts, a single Justice of the
Peace not constinstiag a Coate.
TMs view of the case was adOptei by the Justices
before whom the question came first to be tried. A
pitition and 'appeal was pawed against the jacig-
metrtl he /tdefendants to the Quarter Sessions of the
Peace, in, followed with answers for the plain-
tiff, wherein the question was very (ally stated ; and as
it appeared C. the Quarter Sessions, that it was a qass.
tie° otconsiderable nicety and importance, they ea-
sulked it to the law-Committee to hear Counsel apse
the point, ittd' deter tlatt- it. Camel were aim&
i ngly heard epos the 16th curt. when the point was
very ably and ingeniously argued. It was decided by a
great majority of the Law Committee, that before the'
plaiatiff coolttproseeute before the Jestices of the Paula
for the reeostryofney penalty alleged to have been lo-
dated under the post-horse duty acts, he was bound to
comply with sec. 5 oft Oeo. IV. by giving the requisite
nosh* in writing, and, in respect such intimation bad not
been given, the information was dismissed, and the plain-
tiff found liable in expenses, which, with consent of the
defendants, was modified to 151. sterling.
HIGH COURT OF JUSTICIARY.—EDINIIIIIIII, Dec. 3.
Donald Raskin* was put to the bar, to receive gen-
tence in consequence of a verdict of guilty of robbery
being found against him at the Circuit Court of love-
rary, but remitted to this Court to try the validity of an
objection made by the prisoner's counsel respecting an
error in the date of the verdict, and which had subse-
Two ly been decided. After a suitable address by the
Lord Justice Clerk, who informed the panel, that the
recommendation of the Jury for mercy should
be transmitted to the proper quarter, be was sen-
tenced to be executed at Inverary on Friday, the 18th
day of January next, between the hours of 2 and 4 o'clock
13. in.
Donald M'Keasie, painter is Edinburgh, was next
pet to the bar. charged with robbing Lawrence Scot.
land of gold chain and seal at the foot of Brodie's
close, Lawn-market. on the evening of the 19th day
of September last. The panel pleaded Not Guilty.
Mr. Scotland gave evidence as to the; robbery, and
identified the chain, seal, and key ; several other wit-
nesses were examined relative to the circumstances at-
tending the robbery, among whom were a number of
boys who gave the alarm, and otherwise aided in the
apprehension of the panel. The Jury communed
for a few minutes, and returned a verdict of--Owilty.
The Loan CLERK JUISTICS commended the witness
_Peter Mill, one of the boys who pursued the prisoner,
for his conduct in this respect. and observed, that if
all other boys were to follow his example, he believed
less depredations of this kind would be committed.
' He was sentenced to 14 year's transportation.—
Whereupon the prisoner threw out some reflections
against the Court ; and. on retiring from the bar, ex-
claimed—" Justice! What *Court of Justice I"
Eliiatt and-- M'Phie were then charged
with unlawfully abstracting from a house in Darling's
Buildings, Stock-bridge, a white cotton counterpane,
awl a silver plated candlestick, by means of entering
an open window of said house, about four or five feet
fiom the ground. on the afternoon of the 2d day of
Jnoe last, and of being habit and repute thieves. The
prisoners pleaded not guilty. The rubbery was dis-
tinctly proven by one of the Serjeants of Police, who
bad traced the delinquents to the place where the rob-
bery was committed, and, along with another wan, con-
trived the whole transaction ; and who also deposed
to a conversation which took place between the wit-
ness and the elder panel Elliott, in the Police Court,
recording an acknowledgment of the crime, and
upon the offence; the panel ob-
deponent that allthat could be inflicted
nine months in Bridewell, or at farthest
for seven years. Both of the prisoners
he least affected ; particularly M•Phie,
years of age. who sat playing with his
ronnd him the whole of the trial.
ithout retiring from the box, returned a
1g the cha-gcs of the indictment proven;

:;

bat unanimously rocatummsding the junior panel.
114Phies to the clemency of the.Cuurt, on account of his

tender age.
The Lona /MIMI Cutout then aedressed the pri-
soners, saddler alluding to the erroneous calculirdoits
which What had made respeeting the punishment dos
to the crime. sentenced blur to transportation for life:
and on account of the unanimous recommendation of
mercy by the Jury to the Court. and the age of the
panel commuted his sentence to twelve months'
imprisonment in Bridewell, and to be kept at hard la-
bour. _ _ _

___
On renseviag the prisoners from the bar, WPitie,
the yesinget delinqueot, began to weep, sad said that
"he would rather prefer transportation for seven
years, thou the punishment which was shunt to be in-
dicted upon hitt."

LAW INTE ',LIG HNC&
COURT OF OF CHANCERY, Div. 8.

This morning. upon coming into Court. the LORI,
Cnsecau.ou informed Mr. Stunwsu. and Mr. SU Cl-
ara, that his Majesty bad been pleased to appoint
them two of his Comm' Learned in the Law. and he
therefore desired that they should take their seats
within the Bar. The Learned Oentlemen accordingly
took their seats within the Bar.

purilshtnent ezii
4'r ►ervang to the 4
~ upon him was n
transportation I
appeared not *tho
( a buy only 13 y
cap, and loukinl
)
The Jury, wi
verdict, fin .ing