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fendant had declared that his fault was negligence. If that defendant was able to prove that the coals were of the quantity and quality described in the ticket, and sold to the Bank, he should upon the part of the Bank withdraw every information, and be more happy in discharging that duty than the painful one he should probably be obliged to execute. He concluded with stating, that the Magistrate was at liberty to reduce the fine to 1s. if he pleased. The Bank would be satisfied with his decision, confident that the public service would be the first consideration with him.

Mr. Andrews having intimated that the defendant would plead guilty, Mr. Freshfield abstained from calling witnesses.

Mr. Andrews said he was glad of being spared the duty of detaining the Magistrates long upon this investigation. Mr. Freshfield had mentioned what, he had no doubt, was the motive of the Bank in appearing in this case, namely, for the purpose of proving the control which the statute had over merchants in this trade, and the necessity of calling the public attention to a matter which so powerfully interested them. He (Mr. Andrews) should advise his client to confess himself guilty; and he thought it his duty to add that, in his opinion, the Bank had acted with great liberality in not pressing the fines to the extent allowed by Act of Parliament. It was, however, to be considered, that the offence was not of such a nature as to authorize the infliction of such a punishment, it being the fact

that the crime was one of mere omission. True it was, that if the defendant was guilty of taking advantage of the opportu nities which might have presented themselves and supplied a bad material, his offence would be of the most serious kind. If the merchant had himself attended the delivery of the coals, and acted as his own wharfinger, nothing could excuse the neglect that would subject the public to so serious a disadvantage. But the defendant was not his own wharfinger. He was a great

dealer, and always intrusted his tickets to his wharfinger, or some other person under him.

Sir Claudius Hunter. That surely can be no justification.

Mr. Andrews admitted that it was not a justification. He confessed the penalty. But no circumstances of aggravation could be stated in such a case. It was evident that his client had an excellent character, the Bank (so respectable a body) having employed him, if there were no other reason for saying that his character was unimpeachable. It was, Mr. Andrews observed, in the power of the Magistrate to reduce the fine to the smallest possible coin, and considering all the circumstances of the case, and the promise that neither the Bank nor the Public should be subject to similar inconveniences, he trusted to the lenient decision of the Chair.

Sir Claudius Hunter said, that he had a few words to say on this important case, to show that the course the Bank had taken was that which was most calculated to serve the public. The Bank

had

had detected a most palpable and abominable error, to say the least of it; and, if they had proceeded to prove it, perhaps something worse than error would have been found out. It was not enough to say, "I leave my business to my wharfinger, and I therefore am not responsible;" there was

no excuse in submitting to the direction of another who acted wrong. Considering all the circumstances of the case, Sir Claudius Hunter thought proper to fine Mr. Johnson 10s. on each information. The whole amounted to 25l.

PUBLIC GENERAL ACTS,

Passed in the Sixth Session of the Fifth Parliament of the United Kingdom of Great Britain and Ireland-58 GEO. III. A. D. 1818.

An act to repeal an act made in the last session of parliament, intituled An act to continue an act to empower his Majesty to secure and detain such persons as his Majesty shall suspect are 'conspiring against his person and government."

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An act to suspend, until the end of the present session of parliament, the operation of an act made in the last session of parliament, to provide for the more deliberate investigation of presentments to be made by grand juries for roads and public works in Ireland, and for accounting for money raised by such presentments.

An act for continuing to his Majesty certain duties on malt, sugar, tobacco, and snuff, in Great Britain; and on pensions, offices, and personal estates, in England; for the service of the year 1818.

An act for raising the sum of thirty millions, by exchequer bills, for the service of the year

1818.

An act to indemnify such persons in the united kingdom as have omitted to qualify themselves for offices and employments, and for extending the time limited for those purposes

respectively, until the 25th day of March, 1819; and to permit such persons in Great Britain as have omitted to make and file affidavits of the execution of indentures of clerks to attornies and solicitors, to make and file the same on or before the first day of Hilary term, 1819; and to allow persons to make and file such affidavits although the persons whom they served shall have neglected to take out their annual certificates.

An act for indemnifying persons who, since the 26th day of January, 1817, have acted in apprehending, imprisoning, or detaining in custody persons suspected of high treason treasonable practices, and in the suppression of tumultuous and unlawful assemblies.

or

An act to indemnify all persons who have been concerned in advising, issuing, or carrying into execution any order or orders for permitting the importation and exportation of certain goods and commodities in foreign bottoms into and out of certain of his Majesty's West India islands.

An act to authorize the governors of the hospital of king Charles the 2nd for ancient and

maimed officers and soldiers of the army of Ireland (usually called the royal hospital at Kilmainham), to suspend or take away the pensions of such pensioners of the said hospital as shall be guilty of any fraud in respect of prize-money or pensions, or of any other gross misconduct.

An act to further continue, until the 5th day of July, 1818, two acts of the 54th year of his present Majesty, for repealing the duties of customs on madder imported into Great Britain, and for granting other duties in lieu thereof.

An act to rectify a mistake in an act, passed in the 55th year of the reign of his present Majesty, for punishing mutiny and desertion, and to indemnify certain persons in relation thereto.

An act for punishing mutiny and desertion; and for the better payment of the army and their quarters.

An act for the regulating of his Majesty's royal marine forces while on shore.

An act for charging duties on licences for retailing aqua vitæ in Scotland.

An act to amend an act of the last session of parliament, for preventing the further circulation of dollars and tokens issued by the Governor and Company of the Bank of England.

An act to amend an act made in the 26th year of his present Majesty, for the encouragement of the fisheries carried on in the Greenland Seas and Davis's Streights, so far as relates to the oaths thereby required to be taken.

An act to continue until the 5th day of April, 1819, and amend an act of the 56th year of his present Majesty, for reducing the duties payable on horses used for the purposes therein mentioned.

An act for charging certain duties on four-wheeled carriages constructed and drawn in the manner therein described.

An act to charge an additional duty on corks ready-made, imported into Ireland.

An act to allow for three years, and until six weeks after the commencement of the then next session of parliament, the importation into ports specially appointed by his Majesty, within the provinces of Nova Scotia and New Brunswick, of the articles therein enumerated, and the re-exportation thereof from such ports.

An act for more effectually discovering the longitude at sea, and encouraging attempts to find a Northern passage between the Atlantic and Pacific oceans, and to approach the Northern pole.

An act to revive and continue, until the 5th day of July, 1819, several laws relating to the duties on glass made in Great Britain; and to prohibit the making of smalts within a certain distance of any other glass-house, or by the maker of any other kind of glass.

An act for fixing the rates of subsistence to be paid to innkeepers and others on quartering soldiers.

An act for raising the sum of three millions, by the transfer of certain 3. per centum annuities, into other annuities, at the rate

of

of 31. 108. per centum; and for granting annuities to discharge certain Exchequer Bills.

An act for enabling his Majesty to make further provision for his Royal Highness the Duke of Cambridge, and to settle an annuity on the Princess of Hesse, in case she shall survive his said Royal Highness.

An act for enabling his Majesty to settle an annuity on her Royal Highness the Duchess of Cumberland, in case of her surviving his Royal Highness the Duke of Cumberland.

An act to continue, until the 5th day of July, 1819, two acts made in the 54th and 56th years of his present Majesty's reign, for regulating the trade in spirits between Great Britain and Ireland reciprocally, and to amend the

same.

An act to permit the importation of certain articles into his Majesty's colonies or plantations in the West-Indies, or on the continent of South America; and also certain articles into certain ports in the West-Indies.

An act to repeal an act made in the 56th year of his present Majesty's reign, for establishing the use of an hydrometer called Sikes's hydrometer, in ascertaining the strength of spirits, instead of Clarke's hydrometer; and for making other provisions in lieu thereof.

An act for regulating the payment of fees for pardons under the great seal.

An act for preventing frivolous and vexatious actions of assault and battery, and for slanderous words, in courts.

An act to amend an act passed
VOL. LX.

in the 53rd year of his Majesty's reign, to make further regulations for the building and repairing of court-houses and sessions-houses in Ireland.

An act to amend so much of an act of the 55th year of his present Majesty, as relates to the salaries of clergymen officiating as chaplains in houses of correction.

An act to alter the allowance for broken plate glass, and to exempt manufacturers of certain glass wares from penalties for not being licensed.

An act to repeal the several bounties on the exportation of refined sugar from any part of the united kingdom, and to allow other bounties in lieu thereof, until the 5th day of July, 1820, and for reducing the size of the packages in which refined sugar may be exported.

An act to provide for the maintaining of the royal canal from the river Liffey to the river Shannon in Ireland.

An act to carry into execution a treaty made between his Majesty and the King of Spain, for the preventing traffic in slaves.

An act for further continuing, until the 5th day of July, 1819, an act of the 54th year of his present Majesty, to continue the restrictions, contained in several acts of his present Majesty, on payments of cash by the Bank of England.

An act to extend and render more effectual the present regulations for the relief of seafaring men and boys, subjects of the united kingdom of Great Britain and Ireland, in foreign parts. An act to explain and amend 2 A

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