Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1830-10-30

experience and wisdom. | am pleased that he
las Welded to the wish Of his fellow citizens, and
that in all probability he will be returned to Con-
sress without opposition.
Mr.. SsowDES:-Obserying that YOU have not
siyen the returns of the Fairfax election, would
thank you to state that MIR. GEO. CHICHESTER.
has been returned as the delegate FOR the County
az a majority Of Il votes. The other candidates
were Dr. Mason and Mr.. S. NJ. BALL. As
friend TO Doctor Mason, will take occasion al
50 to state that think much injustice was done
the Doctor by misrepresentation, and that he lost
many votes in consequence OF report concern
ing a vote in the Legislature which he never gave
Another year however, will hope set things to
rights. Yours respectfully.
Fairfax County, Oct q.
-aSSe
Mn. SSowpEN:-Since late merted casti-
sati n. given through the medium q the press.
%hioch is an additional proof ofits value. have
been infor med Of another stretch as | take it to
be, that on ght not to be submitted to by our
townsmen who may be 50 unfortunate Us to come
Under Constables grippe.
Custom, indeed the constable Common Luz,
has permitted the defendant on whom warrant
has been served, to have the election of the Ma
eistrate before whom he preferred his case to be
$ied. This seems founded on justice. to avoid all
risk of bias, partiallty that might possibly ex
the constable to bring the person before him, or
anu other magistrate. The right of election be-
ing thus vested in the defendant, what an out
rage it is, that the officer should compel him to
20 before the magistrate that issued the process,
when he prefers another's deIisi
Yet this has lately been done. Now, this is not
10 be borne; are the unfortunate debtors to be
thus eirsgoonsd out Of their rightss Shame;
A.
-oSe-
Mr.. EpIroR-A writer under the signature of
4. in the Gazette of Monday, has given to the
pJblic a statement of case lately adjudicated be-
fore magistrate of this place, which ne supposes
must be Interesting to our citizens, because, as
he says, it reyerses former usuages; whether the
public will will not consider this an interesting
case per the reason assigned by A, am not pre-
pared to say But as it may be interesting TO cur
Citizens. that one of their officers should not be
srraigned before the public for malpraotices in of
fice. without lust cause; and as the statement of
Is erroneous in several important particulars,
I also send you. for publication, true statement
of the case, and will leave it to the public to de-
eide whether Justice has been done to the Consta-
hle. either by the Magistrate OF A. The case is
this: A. WHO'S the plaintiffin the case, same time
auo. loaned to B $40, which Bfailed to return
until AS patience became exhaused, when ne
nace,i the claim in the hands OF the Constable for
collection with instructions to proceed promptly,
declaring, at the same time, that Is had behaved
90 badly, he would have nothing further to do
with him. The Constable promptly, as request
ed. oh. aimed Judgment for the amount against
n. who superseded it, and his official duties hav-
A AZ hoipr Hna To- RI hvt no
supersedeas, he paid the Magistrates fees, which
he was bound to do this being the Constable's
common law, and took the bond for the purpose
of handing il over to A, and receiving back the |
fees paid to the Magistrate, well to get those
due to himself. not being bound by law to wait |
six months. until the bond became due. for his !
fees: but it is also custom, and part of the Con-
stables common law, that if the plaintiff leaves
the bond IN the hands of the Constable for colec-
ton. no fees are demanded of hun; they are, in !
that case. retained out OF the amount of the bond
when collected. as in the present instance. The
Constable accordingly informed the plaintiff, A,
that b had superseded his debt, and rendered him
the bond; A appeared well satisfied that his debt
was secured, as he considered it doubtful, and
desired the Constable to retain the bond for COL
lection, and according to the course of the Con-
stable's common law, no fees Uere demanded Of
The plsintif, or paid By him. B, the defendant.
inst before the bond became due, was committed
70 the isii bounds BY the same Constable in ano-
,her case, and while in custody, the Constable
falways keeping in view the interest Of A. sug-
rested to him that this bond Of AS being very
due. and for money learned to hm.h ought
to nav it if he paid no other; acquiesing in the
.ueyestion IF the Constable, promised TO pay the
ho55 xben j. became due. and in a few days at &
o., a The day it became due, he paid it; and it is