Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-12-04


net had ceye' been made, der than prosecutions.
or actions Tor such Injuries were actually fore
seem and estimated on tbs inquest.
= an In1ictmenl which chsrges that the i-fsn-
dah'a' erected nuisance. to-wii, mill da,n M!
pond. which il mow, aud ever has bee, SINCE IL.
erection aforesaid highly rr,iudieial 10 tn.
/ heo'h Of fhe peoplsyesidins %, NJ, nsishjo,.r.
hood: and continn-s snd suffers the said mill i. n,
and pond to remain to the common nuisance of
dieers cfMe Commemorative eiti-,ns" Sc.
Is not good, nor sinabie demurrer Iti, NOT
sufficiently stated To be to the common pn;.anc-
oil oil the citizens of the commonwealth resulting
In the neishborhood' nor 10 the " ccnl,non nui.
sance OF all the citizens residing in the neigh.
ooroood thereof, and passing thereby ore Of
which overments is essential.
Jaaot 5artia, constitute .eso sue, f,,Me,
es''sas eSssnj s,ics, fNa. { On So ,.;i'l ca,
David s..-r, s"% J,.n sia,,, p.r, '"~ i''''''"
a constable who has levied .iieri .facias issu-
"a by justice of toe peace on jiisme,t rem
deYed on a wssrant for n small debt hs. no mower
10 IKE an indemnifying bond under the 25,h and
2o' IN sections of The act concerning executions
Although the words " other officer would be-
sufficiently broad to include The constable vet the,
are restricted By the provision which directs the
Don 10 he reuraed with the execution to the
| cD'cs ot' fte court from whence il iyssel The
Justice ~ no. couit, has he an Off e. When
me ooni s returned TO the CLERKS office is fled
wih the office papers, aud for filing il away and
giving out copies to the persons Tor whose beneli
me suit Ia brought, the CLERK 10 eaii,ied to fee
ou' II The BOND be returned 10 the magistrate, il
must he filed amongst his private papers, s. be re-
reives no compensation. 1t is not probable tha,
me legislature intended to suhjec, magistrates to
| su'h 'ronoie and re-pon .biiify. The words " o.
ther Ulcers" then include Coroners. NIarsfia!ls
Others who levy executions Issuing from Courts
of Record.
1"e ce'n".c n''ea'thl
Henry T. p,.mi.. o' an ''''''aea case from h'n'eo-
The defendant was present cd by the Grand Ju.
~ OF the Hastings Court of Richmond on the
1o'h Feb uary 1897 for playing at the game OF
arc; summons was Issued the M 1t day ~ hich
oe'hg returned not found, another 6, MN ,ns issued
ON inc ON March, Ietufnabl. to the next cour, on
the Esth March which was freeuted on The Sth
aud judgment rendered against him by defaul, on
me aay on which the process was returned-
| AT the Court of Hu.,inss in June 1897 the
delen1snt afphed TO the court for writ of
error c0Tdm cDois, and in hls PETITION set
iorih mat be was elected in April 1896 mem
oer OF the House of Delegates for the county of
WOOD; that he was in attendance on the General
as moiy at the Capitol in the City of Rheims nd
from the first Monday il, December until the OH
II March. 1927, when the legislature adjourned:
mar In order to reach home he had NECESSARILY
10 travel 40 miles: that every member of the
General Assembly is By law privileged in his
person from all arrest and process whatever, save
oiy ior reason, felony, anu breach of The peace,
au'ihS Dis attendance, and day after for every
/ twenty miles he must necesssrilv ,rarel tn hs
nome: that the process was therefore issued AMI
| eHTeuied on him In violation of his pririiege
judgment rendered against him whilst his priyiiese
e'ni contihneh; and copias thereupon awarded
iof 'he nne and cos's and to bring him before the
court. He alleged that there was for these caur,
e. error in fact in the said proceedlngs and pray
Gu 'o' tue VIII OF sTrer eOrUn ro6iS in order that
Tue proceedings might be inspected, the errors cor
recte', anu, IN the mean tiue, that the iadsmen,
might he srspended
| ihe Court of Hastings refused the wit He
lheh applied to the Superior Court OF IIsnrico for
"r" OF error to reverse boIh juds -nents; which
was sfsn'ei; and that thea adjourned to The
Eeheiai CouIt The following questions: lsi. Ouch,
'hs wr'I oil error coram UoLis have been award
ell oy The sail Hastings court. 81. Ought both
or e'thef OF the Judgments of The Hus,ings court
! TO be reyeIsed2
| 1he case was argued by the .9Hoy7l.y General
ior me Commonwealth and Scott for the ,lefrnd.n
| lhe Court decided ist. That The writ Of srro,
cram 'oo's was The proper remeiy, if The plain
iii wa entitled 10 a rev!ss Of me iu,,enrnt
But, iIy' although the privilege is a valuable
one and Ought not TO he impaired, yet the courts
cshhot ta<e notice. pDieio, OF the existence of
"e P''hFee. Ii may be waved, ard therefore
! ought to be claimed, whenever relied on Til.
courts cannot allow II except plea rendered, or
! on motion made al the proper period 8 Ib;s
y,
tire, IN which cases, consent cannut rive inrisJc
Lon.
! Ahe Wr!' oil error c0rGna r05is was in The case
properly refused. F:om this opinion, three OF the
JnjSe-' VIZ: Br0ehssbrowgh, Dale, ana Fled
! dssehied.
ne "' s.s"t Ss' o. n. a. sdsan.d Gaze from
! DH'id G'ee"toGo mopd e,rraty y '''e'
Inc J'''ices Of the peace, hefo.e whom is
brought prisoner charged with felony, have
power 10 admit him to bait, although the crime
| with which he is charged may be pupi.bable with
ue, ih, or by confinement in the peni, entiary. If
only sight suspicion Of guin jaR on The pariy:
this general power conferred by the sct concern
ing Dahi, Is not taken away by The &C, conc.rains
CRIMINAL proceedings, which directs the Justice 10
commit ibe prisoner 10 the county or eorpo,a,ioa
JAN ne two acts should he taken tore,her /.
"heIe i6rTe Is only slight Suspicion The party
insy De bs'ied; where there is good ground To be-
iie'e The charge, he ought 10 be CO mlnu,ed
| Tie coausHsreai,a)
p,, ,ss.st on an odjournsd case from I,rieo
The defendant was inAict i for selling foreign
lottery irkeis. contssry to the aet of Assembly.
PASSED J. February, 1925. Oh tie trial af,er
me evidence ma been given, A. 8 the cause s,oned
Ivy the counsel, the court cbargel ibe i1ty on n.
law o.! lie case, aud stated to The iiSy tina, the
truie oil CONSTRUCTION pfescI;bedby the act OF 1919
concerning gaming. was applicable 10 the ron
sTuctIon OF this law; and ns.i tcted ibgm tina, n
me proprietor OF ibs lottery, or his agent issaes
su"'ah'te, tor written assurance whereby The
wSttAn'eT o'n Is himself to pay whatever p,zs may
oee''"h 70 certain number in lcItcfy,) such
paper - strictly ard literally lottery tick,f and
that If person opens an Office, from which ne
vehds assurances, or guarantees. a, subs,itntss
lottery tickets. and for the nutposs rs c,.,t;,