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476

Abstracks of Recent Statutes.- Remarkable Trials, No. XXVII.

of the reign of his late majesty King George of Alexander Robertson, a friend and neighthe Third, and the said recited act, passed in bour; and one evening, being very urgent with the first and second years of the reign of his her thereon, she reremptorily refused, declarlate majesty King George the Fourth; and all ing she preferred death to being young Robertthe powers and provisions now in force of son's wife. The father grew enraged, and the the same acts, so far as the same are applica- daughter more positive; so that the most pas. ble to such accounts of the said receiver ge- sionate expressions arose on both sides, and neral, and not varied by this act, shall extend the words," barbarity, cruelty, and death,” and be applicable to the accounts of the said were frequently pronounced by the daughter. receiver general in the saine manner and as At length he left her, locking the door after fully and effectually as if the said receiver him. general had been named and included in the The greatest part of the buildings at Edinsaid last-mentioned acts as a public accountant. burgh are formed on the plan of the chambers

21. Provided, that it shall not be necessary in our inns of court; so that many families into declare the accounts by this act required to habit rooms on the same floor, having all onc be audited by the cominissioners of public ac- common staircase. William Shaw dwelt in counts by or before the chancellor of the Exone of these, and a single partition only dichequer, but the said commissioners of audit vided his apartment from that of James Morshall transmit a statement of every account rison, a watch-case maker. This man had inexamined and audited by them under the au- distinctly overheard the conversation and quar. thority of this act to the lord high treasurer rel between Catherine Shaw and her father, or the commissioners of the treasury for the but was particularly struck with the repetition time being, who, having considered such state-of the above words, she having pronounced ment, shall return the same to the commis. them loudly and emphatically. For some little sioners of audit, together with his or their time after the father was gone out, all was warrant, directing them to make up and pass silent, but presently Morrison heard several the account, either conformably to the state groans from the daughter. Alarmed, he ran ment, or with such variations as he or they may to some of his neighbours under the same deem just and reasonable; and the account roof. These, entering Morrison's room, and having been made up pursuant to such di- listening attentively, not only heard the groans, rections, and signed by three or more of the but distinctly heard Catherine Shaw two or said commissioners for auditing the public ac- three times faintly exclaim-" Cruel father, counts, shall remain deposited in the Audit thou art the cause of my death!” Struck with Office, and shall have the same force and va- this, they flew to the door of Shaw's apart. lidity, and be as efficient in law for all purposes inent; they knocked-no answer was given, whatsoever, as if the same had been declared Tho knocking was still repeated-still no anaccording to the usual course by the chancellor swer. Suspicions had before arisen against the of the Exchequer; and the said commissioners | father; they were now confirmed ; a constable shall thereupon, as soon as conveniently may was procured, an entrance forced. Catherine be, cause such or the like certificate thereof, was found weltering in her blood, and the fatal in the nature of a quictus, to be made out and knife by her side. She was alive, but speechdelivered as is now practised by them with less; but, on questioning her as to owing her regard to declared accounts, and which shall death to her father, was just able to make a be equally valid and effectual to discharge motion with her head, apparently in the affir. the accountants, and to all other intents and mative, and expired. purposes.

Just at the critical moment, William Shaw [To be continued.]

returned and entered the room. All eyes were on him! He saw his neighbours and a consta

ble in his apartment, and seemed much disor. REMARKABLE TRIALS.

dered thereat; but, at the sight of his daughter

he turned pale, trembled, and was ready to No. XXVII.

sink. The first surprise, and the succeeding horror, left little doubt of his guilt in the

breasts of the beholders; and even that little CASB OF SHAW, FOR SUPPOSED MURDER.

was done away on the constable discovering 1721.

that the shirt of William Shaw was bloody. WILLIAM Shaw was an upholsterer, at Edin- He was instantly hurried before a magisburgh, in the year 1721. He had a daughter, | trate, and, upon the depositions of all the par. Catherine Shaw, who lived with him. She en-ties, committed to prison on suspicion. He couraged the addresses of John Lawson, a jew-was shortly after brought to trial, when, in his eller ; to whom Williain Shaw declared the defence, he acknowledged the having confined most insuperable objections, alleging him to be his daughter to prevent her intercourse with a profligate young man, addicted to every kind Lawson; that he had frequently insisted on of dissipation. He was forbidden the house; / her marrying of Robertson; and that he had but the daughter continuing to see him clan. quarrelled with her on the subject the evening destinely, the father, on the discovery, kept she was found murdered, as the witness Morriher strictly confined.

son had deposed; but he averred that he left William Shaw had. for some time, pressed his daughter unharmed and untouched; and daughter to receive the addresses of a son that the blood found upon his shirt was there

Superior Courts : King's Bench; K. B. Practice Court; Exchequer.

477

in consequence of bis having bled himself some and when the Master had examined it, he days before, and the bandage becoming untied. taxed off rather more than one-sixth. A These assertions did not weigh with the jury, Judge's order was then obtained to compel when opposed to the strong circumstantial the attorney to pay the costs of taxation, on evidence of the daughter's expressions, of the ground of more than one-sixth having been “barbarity, cruelty, death,” and of “ cruel taxed off his bill. A rule nisi was afterwards father, thou art the cause of my death,”-to-obtained for rescinding this order, and cause gether with that apparently affirmative motion shewn against it. There appeared, on the with her head, and of the blood so seemingly face of the affidavits, some doubt as to the providentially discovered on the father's shirt. time when the writ was issued, and whether it On these several concurring circumstances, had not been issued merely for the purpose of was William Shaw found guilty, and executed, preventing the attorney from being liable to and was hanged in chains, at Leith Walk, in the costs of taxation November, 1721.

The Court referred it to the Master to enIn August, 1722, as a man, who had become quire whether the writ had been issued with the possessor of the late William Shaw's apart- that object: if it had, the rule was to be disment, was rummaging by chance in the cham-charged: if it had not, it was to be made abso. ber where Catherine Shaw died, he accidentally | lute. perceived a paper fallen into a cavity on one On enquiry, the Master was of opinion, side of the chimney. It was folded as a letter, that it had not been issued for such a purpose; which, on opening, contained the following :- and therefore the rule was made absolute for “ Barbarous Father, your cruelty in having put rescinding the learned Judge's order. it out of my power ever to join my fate to that Toomer o. Fuller, T. T. 1833. K. B. F. J. of the only man I could love, and tyrannically insisting upon my marrying one whom I always hated, has made me form a resolution to put

King's Bench Practice Court. an end to an existence which is become a bur

UNIFORMITY OF PROCESS.-SUMMONS. then to me. I doubt not I shall find mercy in

DISTRINGAS. another world; for sure no benevolent being can require that I should any longer live in

It seems, that in order to obtain a distringas, torment to myself in this! My death I lay to

a copy of the summons should be left ai the your charge: when you read this, consider

last call. yourself as the inhuman wretch that plunged Bult moved for a distringas. He mentioned the murderous knife into the boson of the to the Court that an application for a distringas unhappy CATHERINE Shaw.”

had been made to Mr. Justice Patleson, at This letter being shewn, the handwriting was chambers, on an affidavit stating that three recognized and avowed to be Catherine Shaw's, calls had been made, and a copy of the writ of by many of her relations and friends. The summons left at the second call; but as it apmagistracy of Edinburgh, on a scrutiny, being peared that the Court of Exchequer had reconvinced of its authenticity, they ordered the cently decided that it was necessary to leave a body of William Shaw to be taken from the copy of the summons on the last call, the gibbet, and given to his family for interment; learned Judge suggested that another call and, as the only reparation to his memory and should be made, and another copy of the pro. the honour of his surviving relations, they cess left. caused a pair of colours to be wayed over his That was afterwards done; and Taunton, J., grave, in token of his innocence.

directed the distringas to issue.

Granted. - Crickett v. Brill, T. T. 1833. K. B. P.C.

SUPERIOR COURTS :

Court of Erchequer..
PRISONER.-INSOLVENT-DECLARING.-

DISCHARGE OUT OF CUSTODY.
Court of King's Bench.

In what cases a prisoner is not entitled to be [Before the four Judges.]

discharged out of custody, although the

plaintiff has not declared against him in ATTORNEY'S BILL.—costs of TAXATION.

due time, according to the ordinary rules Where an attorney will not be liable to puy of the Court.

the costs of taxing his bill, although more In this case a rule nisi was obtained for the than one-sixth hus been taken off on taxa- discharge of the defendant out of custody on tion.

entering a common appearance, on the ground s in this case, the defendant being indebted to that the plaintiff had not declared in due time. the plaintiff, who was an attorney, in a con- The arrest of the defendant took place on the siderable amount for costs, the latter delivered 27th September ; and having given bail. he his bill, and after a few days had elapsed was rendered on the 3d of November. In the beyond a month, he issued a writ for the month of December he filed his petition, pur. amount. After the writ had issued, the de- suant to the 7 G. 4. c. 57, § 15, the Insolvent fondant took ont suinmons to tax the bill. I Act. No notice was given to the nlaintiff of

478

Superior Courts : Erchequer.

this fact, although he was aware of it. The LONDON COURT OF REQUESTS:--COSTS.defendant did not file his schedule within the

INHABITANCY. fourteen days prescribed by that act; but the

Where the pluintiff will not be entitled to Court has a power, which it may exercise according to its discretion, of allowing the pe

cos's under the provisions of the London tition to be subsequently filed. The petition

Court of Requesis Act. was not dismissed, and therefore it was, by

On shewing cause against a rule for depriving the act of parliament, still an available pe.

the plaintiff of costs, on the ground of his tition.

having brought his action in the county of On shewing cause against the rule, it was

Middlesex, for the recovery of a less debt than contended, that as by the 7 G. 4. c. 57. $ 15,

51. The ainount recovered was 31. 155. It the filing of a petition renders a prisoner un

appeared that the defendant had a house in supersedable ; and as the petition was avail

Lansdowne Place, in the county of Middlesex, able, the defendant could not be superseded. at which place the goods which formed the In support of the rule it was contended, that

cause of action had been delivered. Ile had as no notice was given to the plaintiff of the also a plare of residence in the city of London. petition by the defendant, the petition was not

It was contended that the mere fact of the deavailable, and therefore the defendant was

fendant having a place of residence in London entitled to his discharge.

was not a sufficient ground for rendering it inBayley, B. was of opinion, that under the cumbent on the plaintiff to bring an action words of the act, the defendant, by filing his against him in the London Court of Requests, petition, and the debt here being one on which as he had a place of residence elsewhere, in the the Insolvent Court might adjudicate, the pe

county of Middlesex. tition was still available: and therefore, 'al- In support of the rule, it was submitted that though the plaintiff had not declared within the mere circumstance of the defendant having two terms, the defendant was not entitled to a place of abode out of the city of London as his discharge.

wellas in it, could not have the eflcct of depriving Rule discharged, without costs : or the costs / him of his privilege of being suedin the London to be costs in the cause.-Molyneux v. Brurene,

Court of Requests, on account of residence in T. T. 1833. Excheq.

it. The words of the act were, “residing" or “inhabiting.” The word "inhabiting” was of a much wider signification than “residing.” and therefore if the defendant had a habitation

in the city of London, that was sufficient to INTERPLEADER ACT.-CLAIMANT.-SHERIFF.

| impose the necessity on the plaintiff of suing -COSTS.

the defendant in the Court of Requests, and In what manner the party making an unsup

consequently deprived him of his costs, it he ported claim to goods seized by the Sheriff

did not sue there. is liable to the payment of costs.

Per Curiam.-If the defendant resides or in

habits within the city of London, that is suffiA sheriff's rule had been obtained in this cient, although he may have two places of case, under the 1 & 2 W. 4. c. 58. $ 6, the abode. Interpleader Act, calling on the plaintiff and Rule absolute accordingly. Rice v. Legh, a person named Moore, claiming the goods T. T. 1833. Excheq. seized, to appear before the Court and abide its directions. On shewing cause against the rule, the claimant did not appear to support PLEADING DE NOVO.--NULLITY.-SIGNING his claim.

JUDGMENT.-DEMAND.-RULE TO PLEAD. Munsel, for the judgment creditor, contend- Whe

Where a plaintiff cannot sign judgment as ed, that as the party making the claim did not appear, the Court ought to bar his claim as

for want of a plea, without a rule to plead

'or demand of plea. against the sheriff, and pay the costs of the judgment creditor's appearance on the rule. I

This was an action of covenant. Several Bayley, B. said, that the language of the counts were introduced into the declaration, statute did not necessarily imply that the costs

and the defendant pleaded several special of the plaintiff must be paid by the claimant, pleas. The plaintiff then amended his declaalthough the claim of the latter would be ration by adding more counts to it on the barred. However, under the circumstances. I same agreement, with liberty to the defendant unless the claimant shews cause against the I to plead de novo, or demur. The defendant rule within four days from the service of the left the same pleas to the declaration, which, rule, he must pay the costs of the execution of course, still applied to it; but the plaintiti, creditor, in coining here to meet the sheriff's without giving a rule to plead or making a derule. The sheriff will, of course, be entitled mand of plea, signed judgment: thus treating to no costs.

the defendant's pleas as a nullity. A rule wisi Rule accordingly.--Parkins v. Burton, T. T. J was obtained to set aside these proceedings on 1833. Excheq.

the ground of irregularity. "Cause having been shewn against this rule

Bayley, B., expressed it as his opinion, that if there are pleas pleaded, and the plaintiff ob

Answers to Queries.-- Queries.

479

tains leave to amend his declaration, and the shall be the subject's, wheresoever they fly; original pleas apply to the amended declara- and, 3dly. A subject may claim a property in tion, they are good, and that therefore the swans ratione privilegii, as if the king grant plaintif has no right to treat them as a nul- to a subject the game of wild swan in a river. lity.

It also appears, that in some cases the subRule absolute, the costs to be costs in the ject may have a right to swans (except white cause.-Fags v. Borsley, T.T. 1833, Excheq. swans, not marked, which solely belong to the

king, Wood's Inst. 21) against the king, by prescription, without any matter of record;

See Co. Litt. (Hargrave and Butler's) 114 a.
ANSWERS TO QUERIES. and 6., sec. 170, and 119 a. note I, sec. 178.

Your correspondent is also referred to 1 Blac.
Com. 298.

J. S.
Common Law.
COMMON LAW -SETT OFF. P. 446.

Law of Landlord and Tenant.
Your correspondent D. D. does not state

LIMITATION OF ACTIONS.-RENT. whether or not the holder of the bill became bankrupt, or took the benefit of the Insolvent

Pp. 377–415. Aci, or assigned his property to trustees for By the 42d sect. of the 3 & 4 W. 4. c. 27, the benefit of his creditors; he merely says, it is enacted that, no distress shall be made that D. failed. If by any means the bill got for rent but within six years next after the into the hands of third parties, assignees or same shall have become due; this enactment is otherwise, before it arrived at maturity, it is not affected by the 3 & 4 W. 4. c. 42. 83. but in I think, quite clear that the debt, alluded to all other respects, where a party is in a situaby your correspondent, cannot be set off tion to bring an action of debt upon a specialty, against such bill. B. must, therefore, pay the the 3d sect. of the latter statute amounts in bill, and come in with the rest of Di's cre-effect, though not in terms, to a repeal of the ditors for his debt.

W.J. 42d sect. of the first named statute; but if the

party can only bring debt, not upon a specialty or nissumpsit, then the 42d sect. of the 3 & 4

W. 4. c. 27, will be the law, and such action NEWSPAPER.-REPORT OF TRIAL. P. 447.

must be brought within six years after it has The point enquired after by your corres-accrued. The two clauses of the acts taken pondent * A.* has, I believe, been completely together afford a fine specimen of the carelessestablished by the recent trials for libel. No ness of modern legislation. editor of a newspaper is justified in publishing

C. M. W. a report of a trial, either before or after notice

[See the article on this subject, ante, 471.] not to do so, to the injury of any person; its being a correct report of the trial, or his having copied it from another newspaper, will not be an answer to an action for libel.

W.J.

QUERIES.

Common Law.
SEXTON. P. 446.

PARTNERSHIP AGREEMENT.
A woman may be a sexton, and may vote A. and B. agree to enter into partnership,
for one, Stra. IU4, quoted in a note, p. 395, and A. takes down in writing the heads of the
Vol. 1. of Chitty's edition of Blackstone's proposed articles, in order to have them drawn
Commentaries.

W.J. up by a solicitor. A short time after this A.

declines entering into this partnership. B. is

desirous of knowing whether, as these memoSWANS. P. 446.

randa are in A.'s own handwriting, he may not By the statute 22 Edw. 4, c. 6, “no person, be compelled by a bill in equity, or otherwise, other than the son of the king, shall have any | to perform this inchoate agreement ? mark or game of swans, except he have lands of freehold to the yearly value of five marks ; and if any person, not having lands to the said yearly value, shall have any such mark or HUSBAND AND WIFE.-CHOSE IN ACTION. game, it shall be lawful to any of the king's

A. gave his promissory note to B. for a sum subjects, having lands to the said value, to

to bona fide lent. A. afterwards married B. but seize the swans as forfeits, whereof the king the note continued in the possession of the shall have one half, and he that shall seize, the wife until the death of her husband, and he other.” A subject may, however, be entitled

took no steps to reduce it into possession. to swans. Ist. When they are tame, in which

Does this note belong to the executors of A., case he has exactly the same property in them

com or does it survive as a chose in action to his as he has in any other tame animal. 2d. By

widow ?

Y. Z. a grant of swan mark from the king, in which case all the swans, marked with such mark,

H.

480

Queries.-Miscellanea.-- Editor's Letter Box.

Tithes.-PARISH APPRENTICE. I only with a view to its usefulness to the ProA. occupies the rectorial tithes of the parish fession. We shall however reconsider their of B.. by renting them of C. the owner. A. remarks, before continuing the plan on afuture lives in the parish of E., a few miles distant occasion. A few milea distani occasion. We found it impossible to give the

W from the parish of B.; he is not a housekeeper. matter in question in our ordinary numbers; but boards and lodges with his father. The

ar The I but we admit that the present plan may, and overseers of the parish of B. have called upon shall be modified in future.. A. to take an apprentice, in respect of the oc

We continue to give all the new acts, either cupation of the said tithes; but he denies his under

he denies his under the head of Changes in the Law," or liability, on the ground of his not being a * AD

al“ Abstracts of Recent Statutes;" and our pages householder, and not being an inhabitant of from time to time contain remarks on their the parish of B. The magistrates on hearing operation, effect, and bearing in practice. The of the case, decided that A. was liable. Is acts relating to the administration of justice, such decision maintainable? See 2 Salk. 491;

with commentaries thereon, are given in a Rex v. Soltern, Cald. 444.

separate forın, not only because they could not ANON.

be included in sufficient time in the weekly numbers without excluding all other matter,

and increasing the price, but because a com. Lau of Property and Conveyancing. I

plete and separate work on the new acts was COPYHOLDEDISCLAIMER.

required as a book of practical reference. A. by will devises his property, consisting , We are aware that some of our subscribers of freeholds, copyholds, and personal estate, to do not admire the articles which are occasionfour trustees upon certain trusts. Can thiree ally inserted for the gratification of the leisure of the trustees by deed disclaim their interest in hours of our readers ; but it must be recollected. the copyholds alone, so that the other trustee may that on the other hand it is objected to us that be solely admitted thereto, or must a deed of

we devote too much space to grave discussion disclaimer extend to all the interest given by

and solid information. We shall do our best to the will ?

R. M. satisfy all reasonable requests, but fear we can.

not make every number entirely agreeable to

every subscriber. We can only beg them to MISCELLANEA.

look to the whole work.

The plan of a law periodical mentioned hy COKE'S REPORT AS TO SWANS.

our friends, of the nature and published at the

intervals suggested, has already been repeatedly The truth of the matter was, that the Lord tried, and as repeatedly failed. We have always Styre had certain swans which were cocks, and been anxious to meet every objection of our Sir J. Charlton certain swans which were hens, | friends to any part of our plan, and we assure and they had cignets between them; and for them that our ‘main object has ever been, and these cignets the ownere did join in one action; I still is, to study the real wants of the Profesfor by the law the cignets do belong to both sion, and to supply them in the best and cheapowners in common equally, 8C. to the owner ēst form. of the cock and the owner of the hen, and the In reply to H. G. we may mention that the cjonets sliall be divided betwixt them. And Answers to Queries" are chiefly to be relied the law thereof is formed on a reason in nature, Ion when they refer to sufficient authorities ; for the cock swan is an emblem or representa- | but they may sometimes be useful when founded tive of an affectionate and true husband to his on experience, and the reason is concisely wife above all other fowls; for the cock swan

given, though no case in point can be cited. holdeth himself to one female only, and for this To W.-Theonly modern treatise on the Bankcause nature hath conferred on hini a gift be- / rupt Law, published since the passing of the yond all others; that is to die so joyfully, that Bankruptcy Court Act, 1 & 2 W. 4. c. 56, is he sings sweetly when he dies; upon which Lord Henley's. This, with Mr. Duncan Stewthe Poet saith

art's useful little work, on the Practice of the Dulcia defecta, &c. &c.

New Court, are, in our opinion, the best works And therefore this case of the swan doth differ

on the subject. The best treatises on the 6 G.4. from the case of kine and other brute beasts.

1 c. 16, are Mr. Archbold's and Mr. Deacon's. 7 H. 4. 9.

The queries and answers of C. S. B. ; M.J.; J. M.; W. S. T.; L. M.; D; G. G.; S. T.;

J. S.; S.; J L.; E. S. ; 2.; and R. C. S.; THE EDITOR'S LETTER BOX.

| have been received.

The observations of B. shall have immediate We are obliged to our correspondents at attention. Derby for the pains they have taken to support. We believe that there is no Index published their objection. We assure them that the part of separately from the Work itself, except the the work to which they allude was undertaken one referred to by L. M.

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