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♦hree months, and the sheriff's officer to pay a fine of 3d. and be committed till he pay the fame.
, This day the following
13 decision was made respecting bankrupts, by the Earl of Mansfield, which being materially necessary to be known to the practised'in the law, but more especially to those who have concerns in bankruptcy, we here give it to the public. Mr. Isaac, the plaintiff, brought his action against Mr. -Harrison, the iheriff of Sussex, for having returned a warrant, ' Nott 1st i/iftH/us,' in an action, Isaac against Henwood, when in fact the defendant Henwood had been arrested, but the officer hud thought proper not to hold his prisoner on bis having been found a bankrupt, and on hi* producing a summons from the commissioners of bankruptcy, which he considered a* a protection from arrests before the day fixed for his final surrender, which the sheriff on the above trial made the ground of his defence. The stieriff produced Mr. Wells, the messenger, to prove the bankruptcy, and that • Henwood was in custody, subsequent to the semee of the commissioners' summon*. Lord Mansfield declared, that a commission of bankruptcy could not prevent the bankrupt from arrest any farther than at the actual time of the bankrupt's going to, staying with, and coining from the cornmiilioners, and directed the jury to rind a verdict for the plaintiff wish still costs of suit, which they did accordingly. Mr. Dunning and Mr. Morgan, counsel for the plaintiff, the solicitor general for the defendant.
, The sessions at the Old
1 > Bailey, which began the
preceding Wednesday, ended, when^four convicts received sentence of death; James Purse, for a rape on the person of Eliz. Midwinter; Wm. Edwards, for robbing Wm. Randall on the highway, and brutally cutting »ff two of his fingers; Joseph Biley, for stealing a cow; and Tho. Hum<pbry3, for robbing Wm. Biliany, on the highway near Pancras. At this sessions Albert Lowe was tried for the murder of his wife, and found guilty of manslaughter; to whom the judge made a very moving speech, addressed to the feelings of the criminal, who had been guilty, he said, of the most aggravated instance of manslaughter he had ever remembered to come before any court. He did not arraign the jury for their verdict, but he sentenced the prisoner to 12 months imprisonment in Newgate, which doubles the usual punishment.
A man, who had been .
taken at an E O table in '9 Guilsord, and a pettifogger in the law, were brought before Alderman Wooldridge at Guildhall, on warrants granted in consequence of bills of indictment being found against'them the last sessions at the Old Bailey, for an alarming instance of villainy. The former was charged with wilfuf and corrupt perjury, committed by affidavit sworn to a debt of 11001. being due to him from a wine merchant at the west end of the town, whom he bad never seen or dealt with in any respect; and the oirier was accused with acting as a willing agentpln the character of an attorney, and issuing the writ, not in his own name, but that of another man. The wine-merchant
related the following particulars: viz. As a member of a society for the prevention and punishment of frauds, he had been very active 10 counteract a plot formed to swindle a French gentleman out of a large sum of money, which did not succeed; the parties who miscarried in this scheme vowed revenge, and the first step they took was to endeavour to destroy the reputation of the wine merchant by an information at the Board of Excise, for defrauding the revenue to a considerable amount; but the commissioners saw through (he iniquity of the business, and stopt the prosecution. Soon after which, they put the iniquitous scheme in execution, the swearing the above false debt. They were committed for trial, and the society are to prosecute, that the expence may not fall upon an injured individual.
, t This day the revived
*"* " cause (on a motion for a new trial last term) between a few dealer in lace, plaintiff, 2yd two marstialmen, Payne and Gates, defendants, came on before the Earl of Mansfield, at Guildhall. The only question was, whether the defendants were justified in apprehending the plaintiff on a charge of felony, which, on examination before a magistrate, was dismissed? Lord Mansfield, in a very clear and full manner, laid Iowii the law as lately settled: his lordship said, that on the former trial he had adhered to the doctrine of m3ny old books, and considered it necessary for the justification of a peace officer, that a felony should be committed to warrant the apprehension of a supposed felon: but upon the motion for a
new trial, other authorities inclining to a different opinion were quoted, and upon solemn deliberation of the bench, it was agreed that it was not absolutely requisite a felony should be committed. His lordstiip adverted to the danger and inconvenience of a constable being liable to actions, if the ch-irge fliould turn out to be groundless; and (hewed also how the public would be affected, provided a peace officer bad no authority to secure a man suspected of felony, and of whom he was required, at his peril, to lay hold as a thief. A constable's duty was not to enquire, but to bring the offender, or supposed criminal, before a magistrate for him to examine. If the charge was defective, or malicious, the party had a remedy against the person who employed the officer. At the same time the conduct of the constable should be pure and incorrupt j he should know of no preconcerted plan of oppression; it should be 'lioHafiJe' fair, honest, and regular in every degree. The jury were to review the behaviour os the marssialmen, and if there appeared any thing like a job in it, they had exceeded the line of their authority, and were responsible.— No such kind of conduct had been imputed lo them j there was no proof, nor any colour of evidence to charge them with improper motives; however, if the jury thought they acted in the smallest degree from combination, and with a knowledge of the falsity of the fact, they would give damages, otherwise find for them, which the jury did, and gave only 10I. against the principal who made the charge.
, . This day the. royal assent,
by virtue of a commission from Iiis majesty, was given to the malt bill, the recruiting bill, the Plymouth dock bill, and several other public and private bills.
Yesterday the suit broueht by the Rev. Mr. Sellon, Minister of St. James, Clerkenwell. against the Rev. Mr. Haweis, Rector of Aldwinkle, in Northamptonshire, and Cluiplain to the Right Hon. the Countess of Huntingdon, for reading prayers, and. preaching in the Pantheon Chapel, in Clerkenwell, commonly called Northampton Chapel, or Lady Huntingdon's Chapel, was determined in favour of Mr. Sellon. Several depositions wer<5 read, proving, on one tide, that the chapel was a very large building, sufficient to hold between two and three thousand persons; that fifteen hundred, or two thousand, often resorted to it; that it hid doors open to the street; that tickets for admission to it, had been purchased of the Rev. Mr. Taylor; and that Mr. Sellon was gTeatly injured by it in the profits of his living. On the other side—That the Countess of Huntingdon had taken a lease of the house and premises; that the chapel was her iamily chapel; and that Mr. Haweis was chaplain to her ladyship, and officiated in the said chapel only in that capacity. A deposition given by the Rev. Mr. Taylor, was read, declaring, that he never sold any tickets, for admission into the chapel, bin that when any persons fubfcriled any sum for the chapel, he gave them tickets for admission, gratis.— The right of peers, and their chaplains, with respect to the point
in question, was fully argued; and the judge, after having entered into the full merits of the cafe, and pointed out the ruleof right, with great precision, passed sentence upon Mr. Haweis, admonishing him for his fault, forbid? ding him to preach in the parish of Clerkenwell for the future, and condemning him to pay costs.
The gross produce of the tolls at Black-friars-bridge, from Michaelmas, 1775, to Michaelmas, 1779, amounts to 26,3671. 13 s. 6d.k The loss upon bad gold, silver, and copper, amounts to 205 81. 12*. 3 d. And the salaries to tollmen and watchmen, and other incidental expeuces in that space, amount to np less than 3,816). its. .5 d.
Died, at Hanslet, near Leeds, Jothua Simpson, Esq; aged 104.
At Westhill Farm in Hampshire, Mr. Thomas Dickens, aged 10;. Hrs wile died last year aged 98:
At Mortlake, Mrs. Bullock, sjfd 101.
Robert Walsingham, Esq; aged 99.
Sir Anthony Buchanan, Bart. aged 96.
This day Mr. Lee moved . the Court of King's Bench at - the instance of Edmund Burke, Esq; for a rule obliging the reputed editor of a morning paper to sliew cause, why an information fliould not be filed against him, for having suffered to be published in the paper zlluiied to, a paragraph on the 13th ot April last, and another paragraph graph on the 14th of the same month, each grossly reflecting o,n Mr. Burke, for the part he had taken in the House of Commons respecting the unfortunate wretch who lost his life in the pillory, at St. Margaret's Hill, Souihw.trk, on Tuetday the 11 th of April. The rule was granted. , The report was made to
his majesty of the convicts under sentence of death in Newgate, who were convicted in April session, when the following were ordered for execution on Thursday next, viz. James Early, John Carr, and John Sparrow.
The following were respited during his majesty's pleasure: Thomas Williams, alias Charles t'alloway, Francis Thompson, and Susannah Flood.
■ Thi* day the petition of the Protestnnt Association was presented to parliament; and in the evening the dreadful riots and conflagrations commenced, which continued, without intermission, to the 8th. See a particular account in the Appendix.
j(i A few days ago was decided a matter in the Court of King's Bench, which had been referred from the aslizes held in March last in Maidstone, as a point of law to the consideration of the judges. It was respecting the horses employed on a contract «ith the Hon. Board of Ordnance for the service of the Royal Artillery, whether from the stipulated condition of that contract, which is, that the horses, conductors, and drivers so employed, while in actual service, shall be received by the inn-keepers by billet upon their inarch or duty, and accommodated with quarters 91 and a,l'tcr the rate of dragoons
and their horses; the Mutiny Act, as it stands, has made ample provision for such horses, &c. to be quartered upon the public: when, after a thorough discussion of the contract, and the principles upon which it is framed, the judges were pleased to declare, that th-j horses, Sec. while employed upon the public service, are subject to the regulations and accommodations in general with the army, and comprehended in the 78th article of the Mutiny Bill, and 18th section of the articles of war.
A message was sent from R , his majesty to each of the 12 judges, offering them the protection of the military; to which judge Gould returned the following answer: " That he had grown old under the protection of the English laws; that he was persuaded, however some persons might be misled, the people in general loved and respected the laws; and so great was his own attachment to them, that he would rather die under those, than live under the protection of any other laws."
The Earl of Surry and . ■. Sir Thomas Gascoignc read '' their recantation from the errors of the Church of Rome, before the Archbithop of Canterbury, last Sunday, and received the sacrament; and have taken the oaths before Mr. Baron Hotham. His lordlhip is candidate for Carlisle, and Sir Thomas for Beverley, in Yorkshire.
Tins day judgment was . moved for in the Court of King's Bench against the person concerned in obstructing the workmen employed by the city of London in making a horse towing path at Richmond. Some objec[O] 4 lions tions were made in point of law to the indictment, and over-ruled by the unanimous opinion of the court, which set the right of the corporation to improve the navigation of the river in the clearest light; for the court said, that the city was authorized by act of parliament to complete the navigation by all ways and means in their discretion; but as the city ©f London meant merely to establisti their right, and not to insist on exemplary punishment, a nominal fine only was inflicted of fci. 8d.
, Dr. John Parsons was,
'3 in full convocation, unanimously elected Clinical Professor to the Radclisse Infirmary at Oxford. At the fame time, was read a letter from Sir Roger Newdtgate, dated the first instant, signifying his intention of declining to be the representative of that learned body, at the end of the present parliament.
The Clinical Prosessorsliip in that University, was founded by the late Chancellor, the Earl of Litchlieia, for which purpose that nobleman devis-d his house and furniture in Hill street, Berkeleysquare, to be disposed of after the death of the late Countess Dowager of Litchfield; the fame was lately fold, and produced 42561. 8s. 2 i. clear of all deduction;; this sum, vested in the three per cent, con sol. purchased 7 791. 8 s. 4d. stock, the interest whereof amounts annually to 21 zl. res.
This day their Royal Highnesses the Dukes of Gloucester and Cumberland went to court, for the first time since their respective marriages.
This day the foreign ministers, resident at the Court of London,
had private audiences respectively of his Royal Highness the Duke of Cumberland, in consequence ps his late reconciliation at court. At the fame time most of the nobility and persons of distinction in town attended to pay their compliments on this occasion.
Came on in the Court of .
King's Bench, Westmin- 22fl< ster, before Mr. Justice Buller and a Special Jury, the trial between the Duke of Richmond and the Rev. Mr. Bate, as editor of a morning paper, on an information filed against the latter, for being accessary to the publication of certain queries addressed to his grace in that paper of the 25th of Feb. last. The evidence adduced in favour of the prosecution werethe pointer of the said paper (who was first prosecuted for the said offence) and the publisher of it. The former swore that the author of the queries was a person of Plymouth, whose hand-writing he well knew; but that he verily believed he received the same through the hands of the editor. Tbe publisher spoke only to his receiving that letter by tbe post, from his friend at Plymouth, and finding it was for the said morning paper, he laid it upon the desk, but never saw it afterwards. The judge having rummed up the evidence, and lest it with the jury to determine what weight the printer's evidence ought to have with them, circumstanced as he was, they withdrew for about a quarter of'an hour, when returning into court, they found a verdict against the defendant.
C)n Thursday the city re- ,.* membrancer waited on Mr, Justice Gould at his lion fe in Lincoln's