The Abbeville banner. [volume] (Abbeville, S.C.) 1847-1869, 1851-04-19
Glorious Uncertainties Of the Law.

% / 1ENR L >. KERk.
Glorious Uncertainties Of the Law.
J., Tho most litigious fellow ever knew,
was Welchman, named Bones. He had
got possession, by some means or other, Of
r. bit of waste ground behind public house,
Hogwash street Adjoining this land
was n yard, belonging to the parish of St.
Jeremiah, which the Parish Trustees were
fencing in with wall. Bones alleged that
one corner of their wall was advanced about
ten inches on his ground, and as they de-
ciined to move it back, he kicked down the
brickwork before the mortar was dry. The
Trustees, having satisfied themselves that
ley were not only within their own boun-
y, but that they left Bones some feet of
the parish land to boot, built up the wall a.
gain. Bones kicked It down again. The
Trustees put it up third time, under the
protection of policeman. The inexorable
Bones in spite Of the awful presence of this
functionary, not only kicked down the wall
again, but kicked the bricklayers into the
bargain. This was too much, and Bones
was marched off to GuiIdhall, for assailing
the bricklayers. The magistrate rather pooh
pooled the complaint, but bound over Bones
TO keep the peace. The causa 5elli, the
wall, was re-edifed forutl time; but when
the Trustees revisited the place next morn
ing, it was again in ruins
While they were in consultation upon
this last insult, they we're politely waited
upon by an Attorneys clerk, who served
them all with writs" in IN action of tres
pass, at the suit of Bones, for encroachipg
on his land. Thus war was declared about
dirty piece of land, literally not SC big as
door step, and the fee-simple of wIlicl,
would not sell for shilling. The Trustees,
however, thought they ought not to give up
the rights of the parish to the obstinacy of
aperverse fellow, like Bones, and resolved
TO indict Bones for assaulting the workmen
Accordingly, the action and Indictment went
OH together. The acticn was tried f:st,
and as the evidence clearly showed the
trustees had kept within their own bounda
ry, they got the virdict. Bones moved for
= anew Anew Itssal;; that failed, The Trustees now
!; 1loaght tsy would let the matter rest d
ls I'D the. pariiah about one hnndred
) s. pounds, and they supposed tkat
"a Is = - hSd j! 1, 4, sssodgh i. But .tl,sy bSi
80 = ts s ss.|ga Vi|s ls,,;sa Sc s s;',:.
INTO the Exchequer Court, and tied 1t up near
y two years, and in the meantime he forced
them, 'otens polens, to try the indictment.
when the trial came on, the Judge said,
tl,at as the whole question had been deci-
ded in the action, there was no occasion 70,
any further proceeding, and therefore the
defendant had better been acquitted, and SO
make an end Of it. Accordingly, Bones
q was acquitted; and the very next thing
y Zones did, was to sue the Trustees in new
action for malicionsly insttuting the indict-
ment against him, without reasonable cause
Ihe action went on to trial, and it being
proved that one of the Trustees had been
overheard to say that they would punish
HIM, this ": taken as evidence of malice.
and Bones got verdict of forty shiIlinns
damages, besides all the costs. Elated will,
ms victory, Bones pushed OH his old action
IN the. Exchequer Chamber to hearng.
out, the Court affirmed the judgment a.
gainst him, without hearing the Trustees
counsel. The Trustees werc now sick of
the very name of Bones, which had become
a: sort OF bugbear, SO that if friend met q
trustee IN the street, lie would be greeted
WITH an inquiry of the health of his friend.
Mr. Bones. They would then have GLADLY
LET the whole matter drop into oblivion, but
Jupiter and Bones had determined other
wise; for the indomitable Bones brought n
writ Of error in the House of Lords. on the
Judgment OF the Exchequer Chamber. The
unhappy Trustees had caught Tartcr, and
follow him into the House of Lords tley
must. ln Accordingly, after another year or
awos delay, the case came on in the Lords.
Their Lordships pronounced it the most
trumpery writ of error they had ever seen.
ana again affirmed the judgment, with costs,
and found that they had spent not less than
nye hundred pounds in defending their claim
to bit of ground that was not of the val.
ue OF an old shoe. But, then, Bones was
condemned to pay the cost. True; SO they
issued an Execution against Bones caught
him. after some trouble, and locked him up
IN Jail. The next week, Bones petitioned
the lnsolvent Court got out Of prison. and
on examination, of schedule, his effects sau.,
peared to be go Os Od! 90
Bones had, in fact, been fighting the Trus-
tees on credit for the last three years. for
ms own attorney was put down as a creditor
TO large amount which was the only salts
faction tho Trustees obtained for pursuing
his schedule. They. were now Obliged to
have recourse to the Parish funds 10 pay
t9esg oyn law expenses and were consoiinc
taeslselyes with The reflection that these
d,d not come @ out Of their own pockets,
when they HES received the usual notification
that ,bill IN Chancery had been filed against
them ~, Mr: Bones's suit, to overhaul their
1sPk With the Parish and prevent mis-
(; atloa of the Parish money to tho pay.
q thelr law costs! This was the clis
"a S,s..s stEssy.t te.,iI I..raf,fejJy NJ, ~, l.,
|1sis ess4 being myself q deciple !of Coke, I
nothing further Of it, being unwilling
g}s Derb8ps as UNQUALIFIED. To follow The