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1832.

MONMOUTH ASSIZES.

BEFORE MR. JUSTICE TAUNTON.

HARGEST v. FOTHERGILL, Esq.

March 28th. TRESPASS against the late Sheriff of Monmouthshire A cause came

on to be tried at for taking the plaintiff's goods.

the Assizes on a To connect the Sheriff with the seizure, the officer was

Wednesday

morning; on the called on his subpæna, but he did not appear. It was previous Mon

day evening, the then proposed to give other evidence of the warrant. defendant's at

The cause came on for trial on the morning of Wednes- torney being at day, March 28th; and on the evening of Monday the 26th, was served with the plaintiff's attorney had served Mr. Phillips, the un- duce a book, der-sheriff of the defendant, and who was also attorney for

probably be at the defendant in this action, with a notice to produce a which was ninebook kept in the under-sheriff's office at Newport, con- teen miles from taining an entry of the warrant from the under-sheriff to --Held, that

this service was 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.

a notice to pro

which would

too late.

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

1832.

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

Nonsuit.

HARGEST

v. FOTHERGILL.

Curwood and Carrington, for the plaintiff.

Maule, for the defendant.

[Attornies-Owen, and Prothero & Phillips.]

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 on the evening before the trial, to v. Gray, 1 Stark. 283, service produce a lease, was held insufof notice on the wife of the de- ficient. See the case of Bryan v. fendant's attorney, at his lodgings, 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.

1832.

Rex v. Dennis COLLINS.

July 16th. HIGH TREASON. As soon as the Grand Jury had If a true bill be

found against a returned a true bill

person for high treason, the

Judge will, on Jervis, for the Crown, moved that the Sheriff should the application

of the counsel furnish the solicitor to the Treasury with a list of the per. for the Crown, sons who would be summoned on the Jury in this case, iff to furnish the

order the Sherthat a copy of it might be delivered to the prisoner pursu- Treasury with a ant to the statute.

list of the persons to be sum

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

py of it may be give the list applied for.

delivered to the prisoner.

Semble, that The prisoner having been brought into Court

counts charging a party with high treason in

“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.

1832.

REX

v. COLLINS.

GURNEY, B., asked him whom he wished to have as his counsel and attorney. The prisoner named Swabey and Carrington as his counsel, and Mr. Frankum as his attorney; and his Lordship having ascertained that they consented to act as such, assigned them as counsel and attorney for the prisoner; and an order was drawn up, that they should have access to the prisoner at all seasonable hours.

The Assize was adjourned till the 22nd of August, to give time for a copy of the indictment, and lists of the Jurors and witnesses, to be delivered to the prisoner.

Considerably more than ten days before the trial, a copy of the indictment and caption, including the names of the witnesses on the back of the indictment, and also the words, “a true bill;" and a list of the witnesses' names, with their residences and additions; and also a list of the Jurors (a hundred in number) with their residences and additions (a), were delivered to the prisoner.

(a) As to the delivery of a copy 112. But by the stat. 39 & 40 of the indictment, the list of wit- Geo. 3, c. 93, it is enacted, that nesses, and the list of the Jurors, to the provisions of the stat. 7 & 8 the prisoner-see the stat. 7 & 8 W.3, c. 3, and 7 Ann. c. 21, shall W.3, c. 3; 7 Ann. c. 21; and 6 not extend to any indictment for Geo. 4, c. 50. The indictment is high treason in compassing and to be delivered after bill found, imagining the death of the King, and before arraignment. The where the overt act is any direct atnumber of days is reckoned, with tack on his Majesty; and in the stat. respect to the indictment, ex- 6 Geo. 4, c. 50, the like exception clusive of the day of delivery is made; so that if the indictment and day of arraignment; and with in the principal case had consisted respect to the lists, exclusive of of the first count only, the prithe day of delivery and day of trial; soner would not have been enand in neither case ought Sun- titled to a copy of the indictment, days to be reckoned. 1 Ea. P.C. &c.

1832.

BEFORE MR. JUSTICE BOSANQUET, AND MR. BARON

Rex

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THE indictment consisted of five counts. The first August 22nd. count charged, that the prisoner, on the 19th of June, 2 Will. 4, at &c., maliciously and traitorously, with force and arms, "did compass, imagine, devise, and intend the death and destruction of our Lord the King (a); and, to fulfil, perfect, and bring to effect his most evil and wicked treason, and treasonable compassing and imagination

(a) By the stat. 36 Geo. 3, c. 7, it is enacted, “that, if any person or persons whatsoever, after the day of the passing of this act, during the natural life of our most gracious sovereign lord the king, (whom Almighty God preserve and bless with a long and prosperous reign), and until the end of the next session of Parliament after a demise of the crown, shall, within the realm or without, compass, imagine, invent, devise, or intend death or destruction, or any bodily harm tending to death or destruction, maiming or wounding, imprisonment or restraint of the person of the same our sovereign lord the king, his heirs and successors, or to deprive or depose him or them from the style, honour, or kingly name of the imperial crown of this realm, or of any other of his majesty's dominions or countries; or to levy war against his majesty, his heirs and successors, within this realm, in order, by force or constraint, to compel him or them to change his or their measures or counsels, or in order to put any force or constraint upon, or to intimidate

or overawe both houses, or either house of parliament; or to move or stir any foreigner or stranger with force to invade this realm, or any other his majesty's dominions or countries under the obeisance of his majesty, his heirs, and successors;

and such compassings, imaginations, inventions, devices, or intentions, or any of them, shall express, utter, or declare, by publishing any printing or writing, or by any overt act or deed ; being legally convicted thereof, upon the oaths of two lawful and credible witnesses, upon trial, or otherwise convicted or attainted by due course of law, then every such person and persons, so as aforesaid offending, shall be deemed, declared, and adjudged to be a traitor and traitors, and shall suffer pains of death, and also lose and forfeit, as in cases of high treason.”

By the stat. 57 Geo. 3, c. 6, the stat. 36 Geo. 3, c. 7, is made

perpetual, so far as its provisions relate to the heirs and successors of his majesty, the sovereigns of these realms.

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