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Curwood (with whom was F. V. Lee) applied to the learned Judge to grant an order calling on the prosecutor to deliver a particular of the charges.

This was moved on an affidavit stating that the prisoner, who had been farming bailiff to the prosecutor, did not know what charges of embezzlement were intended to be brought against him; and that he had applied for a particular, which had been refused. The case of Rex v. Hodgson (a), and the authorities there referred to, were cited in support of the motion.

Bather and Maclean opposed the application; but

Mr. Justice LITTLEDALE granted an order for a particular; which was delivered to the prisoner's attorney accordingly.

The prisoner was afterwards tried and con-
victed.

Bather and Maclean, for the prosecution.

Curwood and F. V. Lee, for the prisoner.

[Attornies-Nock, and Asterley.]

(a) Ante, Vol. 3, p. 422.

1832.

REX

v.

BOOTYMAN.

REX v. EDWIN TAYLOR.

March 17th.

an indictment

for manslaughter, the surgeon

will only be al

MANSLAUGHTER.-After the trial, Bather, who was on the trial of for the prosecution, stated, that the coroner had ordered the body of the deceased to be opened, and had ordered the churchwardens to pay the surgeon's fee for it; but a magistrate having told the churchwardens not to pay it, Sir J. Scarlett, whose opinion had been taken, had advised that the churchwarden could not be compelled to pay it; and he,

lowed for his

attendance on

the trial, and not for his fee

body by order

of the coroner.

1832.

REX

V.

TAYLOR.

therefore, applied to the learned Judge to order it to be paid by the county, as a part of the expenses of the pro

secution.

Mr. Bellamy (the clerk of assize).-Where the examination in a case of felony is before a magistrate, he grants a certificate for the costs before him; but a coroner has no power to grant any such certificate.

Mr. Justice LITTLEDALE.-I can only allow the surgeon the usual costs of his attendance here.

MONMOUTH LENT ASSIZES, 1832.-Cor. LITTLEDALE, J.

March 27th.

The Judge, on a

REX v. REES.

MURDER. After the trial, Watson, for the prosecution, applied to

trial for murder, the learned Judge to order the costs of the witnesses for their attend

has no power to

allow the ex- ance at the coroner's inquest.

penses of the

witnesses for their attendance

at the coroner's inquest.

Mr. Justice LITTLEDALE.—I have no power to make such an order.

See the stat. 7 Geo. 4, c. 64, s. 22, set forth Carr. Supp. p. 106.

MONMOUTH ASSIZES.

BEFORE MR. JUSTICE TAUNTON.

1832.

HARGEST V. FOTHERGILL, Esq.

March 28th.

TRESPASS against the late Sheriff of Monmouthshire A cause came

for taking the plaintiff's goods.

To connect the Sheriff with the seizure, the officer was called on his subpoena, but he did not appear. It was then proposed to give other evidence of the warrant. The cause came on for trial on the morning of Wednesday, March 28th; and on the evening of Monday the 26th, the plaintiff's attorney had served Mr. Phillips, the under-sheriff of the defendant, and who was also attorney for the defendant in this action, with a notice to produce a book kept in the under-sheriff's office at Newport, containing an entry of the warrant from the under-sheriff to the officer. The notice was served on Mr. Phillips at Monmouth, he being at that place attending the Assizes, and his office being at Newport, which is nineteen miles from Monmouth.

Maule, for the defendant, objected that this notice was served too late.

Curwood and Carrington, for the plaintiff.-The notice was served in ample time for the book to have been obtained from Newport. There was an entire day for any messenger to have gone and returned with it.

Mr. Justice TAUNTON.-I think the service is too late. It is very desirable that all these notices should be served

on to be tried at the Assizes on a Wednesday morning; on the

previous Monday evening, the defendant's at

torney being at

the assize town,

[blocks in formation]

1832.

HARGEST

V.

FOTHERGILL.

while the parties are at home, and before they come to the Assizes.

Curwood and Carrington, for the plaintiff.

Maule, for the defendant.

[Attornies-Owen, and Prothero & Phillips.]

Nonsuit.

In the ensuing term, Curwood moved for a rule to shew cause why the nonsuit should not be set aside; and subsequently a rule was made absolute for a new trial, on payment of costs.

In the case of Doe d. Wartney v. Gray, 1 Stark. 283, service of notice on the wife of the defendant's attorney, at his lodgings,

on the evening before the trial, to produce a lease, was held insufficient. See the case of Bryan v. Wagstaff, ante, Vol. 2, p. 125.

305

OXFORD SUMMER CIRCUIT,

1832.

BEFORE MR. JUSTICE BOSANQUET AND MR. BARON GURNEY.

BERKSHIRE ASSIZES.

BEFORE MR. BARON GURNEY.

REX v. DENNIS COLLINS.

1832.

July 16th.

HIGH TREASON. As soon as the Grand Jury had If a true bill be

returned a true bill

Jervis, for the Crown, moved that the Sheriff should furnish the solicitor to the Treasury with a list of the persons who would be summoned on the Jury in this case, that a copy of it might be delivered to the prisoner pursuant to the statute.

found against a person for high treason, the Judge will, on the application

of the counsel

for the Crown,

order the Sher

iff to furnish the solicitor to the Treasury with a list of the persons to be summoned on the

Mr. Baron GURNEY ordered that the Sheriff should Jury, that a co

give the list applied for.

The prisoner having been brought into Court

py of it may be delivered to the prisoner.

Semble, that counts charging a party with high treason in 66 compassing

&c. the maim and wounding" of His Majesty, and with "compassing &c. the wounding" of His Majesty, are bad.

The prisoner, in a case of high treason, has a right to address the Jury in addition to the speeches of his counsel and semble, that both the prisoner's counsel have a right to address the Jury, although there be no evidence on the part of the defence.

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