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BEFORE MR. JUSTICE TAUNTON.
HARGEST V. FOTHERGILL, Esq.
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 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
day evening, the defendant's at
torney being at
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.]
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.
OXFORD SUMMER CIRCUIT,
BEFORE MR. JUSTICE BOSANQUET AND MR. BARON GURNEY.
BEFORE MR. BARON GURNEY.
REX v. DENNIS COLLINS.
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 pursu
ant to the statute.
found against a person for high treason, the Judge will, on the
of the counsel
for the Crown,
iff to furnish the
order the Sher
Treasury with a
solicitor to the
list of the persons to be summoned on the
Mr. Baron GURNEY ordered that the Sheriff should Jury, that a cogive the list applied for.
The prisoner having been brought into Court
&c. the maim and wounding" of His Majesty, and with "compassing &c. the Majesty, are bad.
py of it may be delivered to the prisoner.
Semble, that counts charging a party with high treason in "compassing wounding" of His
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.
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 of the indictment, the list of witnesses, and the list of the Jurors, to the prisoner-see the stat. 7 & 8 W. 3, c. 3; 7 Ann. c. 21; and 6 Geo. 4, c. 50. The indictment is to be delivered after bill found, and before arraignment. The number of days is reckoned, with respect to the indictment, exclusive of the day of delivery and day of arraignment; and with respect to the lists, exclusive of the day of delivery and day of trial; and in neither case ought Sundays to be reckoned. 1 Ea. P. C.
112. But by the stat. 39 & 40 Geo. 3, c. 93, it is enacted, that the provisions of the stat. 7 & 8 W. 3, c. 3, and 7 Ann. c. 21, shall not extend to any indictment for high treason in compassing and imagining the death of the King, where the overt act is any direct attack on his Majesty; and in the stat. 6 Geo. 4, c. 50, the like exception is made; so that if the indictment in the principal case had consisted of the first count only, the prisoner would not have been entitled to a copy of the indictment, &c.
BEFORE MR. JUSTICE BOSAnquet, and MR. BARON
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.