The Virginian. [volume] (Lynchburg [Va.]) 1822-1829, 1826-12-11


.aoaes ii.e .'oad d a1#sa,r person lsf the pat.
ada 4 dtdii apon sune other person for tAs resi-
dur, " winch, Whea yaid, vii BE- in 1lu of ta,.
execution. ], vas admitted, tn4t The draft had
been PAID hnt 40 eslaearc W, offered 81 t,,,
payment of tn bond. OF HAT til saline Ind h..en
returned or accounted Tor To Dada. The County
Court quashed the executions and to thi, iaBc.
ment SnOci. obtained a supcisedeas which was
allowed on ms entering INTO bond with security
Ia the penalty oi : ID.
On the record being certified To the Superior
Court OF Law that Court ad nnfaed tue follow.
ing questions ior the decision Of the General
Court:
lst. Ouslh the Judee to have directed bond
and security IN the penalty of Sos 80 cts and
does the law, respecting IN appeal 10y the PLAIN
tiff or dcmandant, appI, 10 Il Nnt Of Error or
Supersedeas
2nd. Does the law euthorze the County
Court To quash an execution upon such evidence
was before it and did it do iight in qaashlng
such execution }
Sd. All and every question arising out OF tho
record.
The General Court was of opinion, that the
Writ OF Supersedeas was properly allowed, and
that the law, respecting an appeal by the plain
tiff dcmandant has no relation TO Wits of
Errors or oupcrsedeas, In regard to the ques-
tons which had been made by Counsel. whether
the remedy should not have been by an altdifa
qicrein and whether the motion should not have
been submitted TO d jury, the Court was If OPT
Mon, that relief may be given by motion in all
cases, where. BY the ancient practice the party
would be entitled TO au Qidiia qptrcin; that
where the claim Of the party TO relief depends
on matters of .act, the Court may in its dlscrc-
| ton, cause them to be submitted 10 jury !; and
such course is particularly proper where the cyi-
3 =. ~
rize conflicting differences, aud either OF the par
ties is DESTROYS ofreierring il TO that forum but
that this case did not. fall within the rule. The
Court was further of opinion, thai the authority
OF the Attorney to receive payment OF debt
which he is employed 10 collect, does not extend
TO its Communication without the consent OF the
Client.-Aud the Court decided also, that II the
receipt had been the act of omock himself, il
would not have authorised the quashng of the
execution, without further proof of the amount
/ Of the bond having been received or that paper
imported that the bond was taken security,
not As payment of the debt
The Commonwealth Us. Ru'hcrfoord
; The prisoner was indict d Of horse stealing, in
the Superior Court OF LOUISA, and on the day at-
ter the indictment was found the trial was
continued on account OF the absence of mate
rial witnesses for the Commonwealth In this
state of things, the prisoner moved the Court to
be let To Bail on the ground, that at most there
was but slight suspicion OF guilt attached to
him by the evidence, respecting the supposed
felony IN the indictment mentioned, and 10 sup
port his motion desired that the evidence ofthc
witnesses then present should bc heard in open
/ Court, or thai the testimony-as stated III the
record Of the Examining Court, together with
the affidavit of another witness, Who also cN-
auincd III the said Court, should be considered.
Upon which motion the Superior Court Of Law
adjourned to the General Court the following
questions:
} lst Should a Judge Of the Superior Court of
Law in any case like the present OF III tins case
eNamme witnesses as 10 the probable guilt OF IN
nocence of the prisoner, and refuse bail, or let TO
bail accordingly, as he might think there was a
light OF strong suspicion of guilt
2nd. Should such Judge examine the evidence
contained III the record of the Proceedings be-
fore the Examining Court, aud refuse bail, or
let 10 bail, as such evidence should satisfy his
mind that the suspicion OF guilt was light or
strong
3dly. Is the judgment of the Examining Court
and the finding ofthe Grand Jury conclusive of
the probable guilt of the prisoner, 50 rs to cx-
clude the examination OF testimony by the Judge
upon amotion TO be let 10 bail
Tic General Court decided the Sd Of the a
bow questions, in the negative, but was OF OPT
mon. that under the particular circumstances Of
fins east, the superior Court ought not to have
gone INTO the examination Of Witnesses, on the
dispositions taken IN the Examining Court for
the purpose OF ascertainng the degree OF suSpi-
cion al tae prisoners guilt, but ought to have
reject, his motion to be let 10 BAIL because it
appea ed that the Commonwealth was deprived
of some testimony important IN the decision of
the prisoners motion.
Commonwealth vs. Chubb.
The defendant was convicted IN the superior
Court Of Henrico Of a lnisdcmeanor, in violating
the act Of the ith of February, ISIS To prevent
tine sale of foreign lottery tickets within this
state. On the trial ofte Indictment that court
instructed the Jury upon the qul.I OF law
rising in the case. The most material Of these
Instructions was, that i a Inan opens ~ Office
from which he yclds assurances az guarantees,
is substitutes for lottery tickets and for the pur-
pose Of e,ading and debating the law, although
he does not strictly md dcrHtg sell lottery tick
ct. pct he does sell those papers which az sub
,ttnaay lottery Tickets, fit odn he proved, or
inferred from the evidence, that tie vendor
holds the tickets thcmsoi'c, for the hennGt of the
pafeatslr.--in thu instructions the defendant al
leeea ,bcre Was Hsa.rccLon by tue Superior
Court OF law. aud moved for d NV trial on that
ground wheieupon that court adjourned to
tie General Court the question, whether there
us such misdircctian N tIr instructions The
General Court decided That the superior Court
had pot INSTRUCTED the Jury, but aftcrward, Tor
reason assigned by the defendants counsel set
dslie that decision and continued The cause.
REMAINS OF COMMODORE p ERRY.
\ >lp from the office ofthc NewportNercmy,
informs that the United States sioop Jfwa Lex
in2ton, Captain Shabrick arrived at that port
on Monday afternoon, withtnc remains OF Com.
Perry on board. The Lexington had a passage
OF L days from this port 10 llndid wbercshe
remained lnr@y aud sailed ON the 9TH. No
,eaber, for Newport. The Trinidad paper of
the 3D. Of November, thus mentious the arri-
val - The l. ;, Sloop ofwar Lexington, Capt.
Shubfck, arrived IN our harbour on Wednesday
afternoon, from New York. having been dcs-
patched by the American Government, for the
purpose Of conveying the remains of Com. Per
~ from their resting place, whore they were
Ut he