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Court of Exchequer, July 3.- fancy, according to what is said Rex v. Ha!l. - This was a motion on this subject elsewhere, that it to set aside an extent in aid which is highly immoral for an active had been obtained by Messrs. Old- creditor to gain a preference be. acre and Co. of Worcester, who, fore other creditors. The law al. as sub-distributors of stamps, had lows this. Any man may guin a given a bond to account for stamps preference by suing a fieri facias. in their possession when called A crown debtor can do no more upon. It was sworn in support than others, only he can do it of the motion, that it was believe quicker : and it is reasonable, for ed that Oldacre and Co. had giren he is liable to be called on by the this bond for the very purpose of crown on a sudden; and he ought obtaining extents in aid aguinst therefore to have a speedy process their debtors.
against his debtor. If the legis. The Solicitor-General said, that lature thought proper to take he attended on the part of the away this right, he should have crown, notice having been given no objection ; but while the law to the solicitor of stamps. This remained unchanged, the court extent in aid had issued withont would continue to do what it had the knowledge of the crown offi- ever done. cers, and he therefore should not Serjeant Copley endeavoured interfere between the parties in- to show, from the form of the terested. He would only state, bond, that the crown creditor had that he was informed that this no right, because he was bound bond had never been required on not to pay money due, but to acthe part of the head distributor of count, and he had never been stamps, but had been volunteered called on to account ;. but the by Messrs. Oldac-re and Co.: and court held that, being a bondhe thought such bonds should be debtor, he possessed the right of given under the sanction of some other bond-debtors. The rule crown officer, and, when given, was discharged. deposited with those who were to In another case of extent which make use of them if necessary. had been decided the same mornThis bond had not been so depo- ing, the court held that it is not sited. He left it to the Couit, necessary for a party applying for and retired.
an extent to swear to what amount Mr. Dauncey, in support of the he is indebted to the crown, in estent, said he would not deny order that the court may see that that this extent was issued, not the debt to the crown is equal to for the benefit of the crown, but the sum for which the extent in of the individual. This is, said aid issues. he, notoriously the case in almost every instance of extents in aid. MisceLLANEOUS, CRIMINAL. No one in this court will deny it for a moment. In another place, Court of Erchequer, Saturday, this has been the subject of much Feb. 17.-Smuggling on board Inanimadversion. It is said this is dia Ships.-The King v. Creswell. a great abuse; and one might This was an inforniation ngainst Vol. LVIII.
Mr. Francis Creswell, first mate from a box standing on the floor: of the Thames East Indiaman, The box looked like one of those for being concerned in the unship- which witness touk in at China. ment of a considerable quantity of The silks consisted of shawls and China silks from on board the said handkerchiefs. Mr. Creswell, ship into boats belonging to smug- Mr. Daniel, one of the mates, glers off the coast of this countıy, and Mr. Ladd, were in the cabin, contrary to the revenue laws : and as were the men who had conie the penalties sought to be recover- on board, sumugglers lie believed ed amounted to three times the them to be ; he saw these men in value of the said goods.
conversation with Mr., Creswell, Edward Roche deposed, that in and pay some bank notes, which April, 1814, he was quarter-ivas- they laid on the table. After this ter on board the Thames East In- the men, six or seven in numler, diaman. She had sailed for Chi- took the silks and wrapped them na, but he could not tell when she round their bodies and legs, unarrived there. The defenılant der their clothes, and went off. was the chief mate, and Mr. Hen. There were still more s.lks leo ry Ladd was third mate. When maining, and one of the men said at China, several small boxes these were to be left till they were taken on board by the di- came back again for them. The rection of Mr. Ladd. There were box froin which the silks had been from 17 to 20, weighing about taken, was sent to the cook to 50 pounds each : they looked like burn. Before the men went off sea boxes.
Witness was called in the boat, four boxes were out of his hammock by Mr. Ladd brought upon deck, which were to take them out of the Chinese the same witness took in at Chiboat. This was between two and The lid of one of the boxes three in the morning. One half was loosed, and witness saw it conwas carried into Mr. Creswell's tain silks and shawls : he belier. cabin, and the other half into the ed witness was ordered to put gun room.
There was a bit of them into the boat alongside. tin on each corner of the boxes The boat was then rowed off. put into the gun room. There The boat came alongside in the was an iron mark on the others. morning, and went away between Mr. Creswell was on board at two and three in the afternoon. this time, but he did not appear George Lancaster, a seaman on during the transaction. The ship board the Thames, corroborated arrived in England in August the testinjony of the last witness, last ; when off Scilly, a pilot boat as to the smugglers coming on canie towards the ship, a small board off Scilly, going down into boat was launched from her, the cabin, and going away again which came alongside the Thames, with the silk. The boxes put into and some men came on board the boat might contain about sis. from it. Witness, by the desire ty pieces each. The boat came of the boatswain, went to call the alongside at four in the aftergunner; he passed Mr. Creswell's c.ibin, and saw some silks lying William Echloffstein was also a on his table, which were taken seaman on board the Thames :
was with her at China; remem- Captain Richie, the commanbered a Chinese boat coming der of the Thames. He reculalongside with some boxes ; they lected the ship being off Scilly in were taken on board by order of August ; did not see any boat Mr. Creswell; came to England come alongside; had such an in the ship ; when she arrived off event taken place, he must have the Land's-end, a boat came seen the boats. Mr. Creswell's alongside, and some men came on cabin was near his in the ship; board, and went into Mr. Cres- he did not often go into it, but, well's cabin ; he saw them there, when he happened to go in, he and saw some boxes of silk broke saw no particular articles which open. Mr. Creswell was present. excited his attention. The cabin Some silk shawls lay on the table; was of such a size as to put boxes there were about 30 crape shawls, in it, but he thought they could 20 silk shawls, and 12 pieces of not be concealed from view. silk; saw another box broke Knew the first witness, Roche, open, containing nankeen. The and recollected his being punishsilk articles were sold to the men ed three times, and once for insowho came on board, and were lence to Mr. Creswell. Did not taken away round their bodies; hear the insolence; it was reportthe men also took fuur boxes in ed to him. the boat, one of which he saw Charles Paris was servant to contained silk. This was at half. Mr. Creswell during the voyage past four o'clock in the evening. in question, and had constant acAbout two hours afterwards ano- cess to his cabin. Nothing could ther hoat came alongside, con- have been concealed in Mr. Crestaining six persons. Three of well's cabin without his knowthein came on board, and also ledge. Saw some boxes in the went into Mr. Creswell's cabin. cabin, containing silks he believ.. They inquired whether there were ed. This was after they left Chiany silks or nankeens to sell. Mr. These boxes continued on Creswell answered in the affir-, board till the ship got to St. Hemative, and said they were very lena, when witness took them on good, but very dear. Witness shore, where they were left. Bewas called a little while after to lieved these were all the boxes of fetch a rope's end, to hand seven silk in the cabin. He had no boxes, which were in Mr. Cres- boxes when the ship arrived off well's cabin, out of the port, the Land's End; nor did witness Three of these contained silk, see any silks in his cabin at that two nankeen, and two tea. time, or any boats come along
Mr. Lock, surveyor of the Cus- side. tom House, proved that silk In- On his cross-examination he dia shawls were worth about 30s. said, Mr. Creswell might have cach, a crape shawl 20s. China smuggled without his knowsilk 3s. a yard. The value of a ledge. box containing such things as had Mr. John Drake, second mate been described might be 401. of the Thames, said, his cabin was
The counsel on behalf of the de. opposite Mr. Creswell's. He was fendant called
in the habit of going into Mr. X2
Creswell's cabin daily, but never ed up the printed tickets or re
aw any box there, except a small ceipts, which Price delivered to packet of tea for his own use. persons in exchange for their That was the only box he saw taxes, Price paying over the mothere. Saw no boat come along- ney weekly to the defendant, and side from the Land's End. the defendant in general making
The Lord Chief Baron having all payments, and settling the summed up the case, the Jury collector's accounts, with the re. found a verdict for the crown. ceiver general.
Price having died dencient in The King, on the prosecution of the collection, an extent was is. his Majesty's Attorney General, v. sued against his estate in aid of Basil Goode, Esq.—These were the inhabitants of Coventry; and cases of two distinct criminal in- in the investigation of his ac. formations filed against the de- counts, and examination of the fendant, at the instance of the printed tickets of receipts in the board of taxes, under the follow- hands of individuals who had paid ing circumstances :
Price their taxes for the year 1809, Mr. Goode was appointed and several instances were discovered acted as assessor and collector of by the Crown agents in which the assessed taxes for Coventry, more money had been collected for years prior and down to the by Mr. Price, on the authority of year 1806. Mr. Goode having Mr. Goode's tickets, than was become an alderman and magis- charged by the assessments of trate, and afterwards mayor of that year, or was included in the Coventry, he from that time took parchment duplicates under the the oaths of qualification, and seals of the commissioners, by continued to act as a commission- which the receiver-general colo er of the assessed taxes; and he lected and accounted at the exprocured his father and a Mr. chequer. Thomas Price to be appointed as- The Attorney-General accordsessors and collectors in bis stead. ingly filed an inforination agailist Mr. Basil Goode continued, how the defendant for fraudulently ever, in effect to execute the of- filling up the tickets, and causing fice of assessor and collector for the inoney to be illegally collect1907 and subsequent years, un- el by Price, and converted to the der the appointment made to his use of the defendant and Price, or father, who did not interfere, and one of them. The trial took place he acted with Mr. Price to the at the Lent Assizes of 1815, and death of the latter, in 1912. the defendant was convicted.
Mr. Basil Goode, during all The defendant afterwards apthis time, made out and signed plied to the Court of King's the assessments in the name of Bench, and obtained an order for his father, as assessor. He after- a new trial, principally under wards signed and sealed their au- doubts whether a memorandum thenticity in the character of book kept between the defendant commissioner, and, as had been and Price, which was referred to his practice for former years, fill- on the former trial on the part of
the crown, but which did not ap- character could not weigh against pear to have been relied on as evi- facts. dence, did or did not influence After the circumstances of the the jury in their verdict.
case in the new trial of the first On the motion for the new trial, information had been stated to considerable stress was laid for the jury on the following mornthe defendant, on the circum- ing by the counsel for the crown, stance that the instances of the the defendant pleaded guilty. alledged false tickets, which were These prosecutions excited very confined to the assessment of considerable interest throughout 1809, were only five, and that the county, and the court was the sums alleged to have been crowded to excess. fraudulently charged were inconsiderable.
Marginson v. Howard. - This This latter occurrence led to a was a qui tam action for a breach further examination of the assess of the game laws. The defendments and accounts between the ant was a carrier between Ormdefendant and Price, and it result- skirk and Liverpool. The chief ed in the discovery of several fur- witness against him was William ther and like instances of fraud, Wyberley, a surgeon at Ormsunder similar tickets for taxes, kirk. On the 25th of August, not only in the year 1809, but the defendant entered his house also in the years 1806, 1807, and at 8 o'clock in the evening. He 1808, and the greater part of bad game in his pocket. Witness, these sums was traced into the de- with a little opposition from Howfendant's hand. A second inform ard, took out a partridge, and niation was accordingly filed by gave it to his father. Howard the Attorney General, founded on then goodnaturedly drew out these new charges of long prac. another, and gave it to witness, tice, to which the defendant plead- saying “ that will make you a ed not guilty, and both informa- !race." Another person of the tions stood for trial at these as. name of Nixon, who was present, sizes. On the trial of the new after a little struggle, took two information, on the 4th instant, more from him. Howard said which stood first on the paper, the birds were given him, and and occupied nine hours, the that he did not kill them himself. charges were fully established, and Being cross-examined, the witness the defendant was found guilty. allowed that Howard did not of.
Tlie learned Judge (Mr. Baron fer them for sale--that the strugRichards) animadverted, in strong gle in which they were taken terais, on the improper conduct from him was rather jocular than of ihe defendant, in having uni- serious—and that he never det:d the character of commissioner manded payment for his game, with that of assessor and collec- and never received any, though tor, which his Lordship con- the witness allowed that it was sidered to be not only illegal but delicious. cria inal; and his Lordship On this evidence the learned observed, that the evidence in Judge directed to find for the support of the defendant's good plaintiff. Possession here was