Carlisle Patriot, 16 Jul 1825 - Cumberland County Sessions (1)

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Saturday 16 Jul 1825 (p. 2, col. 5-6 and p. 3, col. 1-5)

COUNTY SESSIONS.

The Midsummer general Quarter Sessions of the Peace for the County of Cumberland came on at the Court-Houses, in this City, on Tuesday last, and terminated on Thursday forenoon. In the course of the proceedings, we observed the following magistrates on the bench:—

Francis Yates AGLIONBY, Esq. chairman; W. P. JOHNSON, Esq., Rev. Dr. LOWRY, John HEYSHAM, Esq. Rev. W. S. PRESTON, Geo. BLAMIRE, Esq., E. W. HASELL, Esq., Richard WATTS, Esq., Richard HEBSON, Esq., Thomas SCOTT, Esq., John HARRISON, Esq., Jos. GILLBANKS, Esq., Richard FERGUSON, Esq., Rev. Walter FLETCHER, Rev. T. MATTHEWS, Rev. Henry LOWTHER, Lieut.-Colonel SALKELD, Rowland FAWCETT, Esq., Thomas BLAMIRE, Esq.

The High Sheriff was also on the Bench.

Mr. William HALTON, of Carlisle, was foreman of the Grand Jury.

Before the King's proclamation was read, the Chairman called the attention of the grand inquest to the new enactment for the regulation of juries, and fully explained the provisions of that important statute, founding his observations on the following circular letter addressed by the Home Secretary of State to the Chairmen of the respective County Sessions:—

"Whitehall, July 4, 1825.

"SIR,—I herewith transmit a copy of the Act (6 Geo. IV. c. 50), which has recently passed, for consolidating and amending the laws relative to Jurors and Juries. The machinery for the construction of the Jury lists came into operation on the 1st inst., but the general provisions of the Act will not be in force until the commencement of the next year.

"As it is highly important that the duties of those who are concerned in the formation of the lists should be fully understood, I think it would be extremely useful that you should explain them in your charge to the Grand Jury at the approaching Quarter Sessions. And it will also be desirable that you should call the attention of your brother Magistrates to the necessity of their appointing a Special Petty Sessions, to be held within the last seven days of September, for the purpose of receiving, considering, reforming, and allowing the lists: the day of holding which Sessions must be fixed so as to enable the Clerk of the Petty Sessions to give notice of it to the High Constable of each Hundred, and to the Churchwardens and Overseers of each Parish, before the 20th of August. You will find this subject treated of in the 10th Section of the Act.

"The qualifications and exemptions of Jurors are described in the first two clauses; and as they are also fully stated in the Precepts, which will be in the hands of the Parish Officers, I hope there is little danger of their being misunderstood. The great alteration consists in making the owners of personal property qualified to serve on Juries, which is effected by qualifying those who are rated or assessed to the Poor Rate, or Inhabited House Duty, in £20, or occupy a house with fifteen windows.

"You will not fail to observe that the lists, which have been heretofore prepared by the Petty Constable or Tythingman, are now, according to the 6th, 7th, 8th, and 9th sections, to be prepared by the Churchwardens and Overseers, who are deemed to be, in the great majority of cases, more intelligent and more conversant with the subject than those on whom the duty has hitherto fallen. And the power given by the 11th clause, of inspecting the Tax Assessments and Poor Rates, is calculated to facilitate the discharge of this duty. The 44th and 45th sections impose such penalties on the Peace and Parish Officers for the neglect of their several duties, as, it is hoped, will deter them from neglecting them.

"I have the honour, &c. ROBERT PEEL."

"To the Chairman of the, &c."

By the circular precept to be sent by the High Constable to the Churchwardens and Overseers of the Poor, the future qualifications for jurors are minutely explained. They are in substance these:—1. In respect of real estate. The ownership for life, or for a greater interest, of a clear income of £10 per annum, in freehold, copyhold, or customary lands. The ownership of a clear income of £20 per annum, in leasehold lands, held for 21 years absolute, or for years determinable on lives.—2. In respect of personal property. The occupation of a house containing 15 windows, or rated to the Poor Rate, or Inhabited House Duty, at £20. The occupation of such a house being deemed sufficient evidence of the occupier being a man of substance, without inquisitorially prying into his actual wealth. In Middlesex the house is to be rated at £30 instead of £20, and in Wales the amount of the qualifications is only three-fifths of those in England. We shall insert the precept at full length in our next number.

An order for diverting a highway in the township of Thwaites, parish of Millom, 184 yards in length, was filed, and thereby confirmed, all parties concurring.

On the motion of Mr. COURTENAY, the Court granted a license to a Company of Comedians (under Mr. MUNRO) to perform plays at Whitehaven, for a period of 60 days, commencing in October next, the magistrates of that town consenting.

Millom and Kirkby-Ireleth—Order for the removal of a pauper quashed by consent, with expenses.

Arthuret and Kirkandrews-upon-Esk.—Order of removal quashed by consent.

The King v. Holme St. Cuthbert's.—Road indictment. No prosecution. Verdict, not guilty.

The King v. the Inhabitants of Cummersdale, a township of the parish of St. Mary, Carlisle—An indictment for the non-repair of a highway found last Sessions. The work is to be done by individuals, and the Court allowed time to plead.

The King v. the Inhabitants of Sebergham—a case similar to the last: time also allowed to plead.

The King v. the Inhabitants of Nether-Denton—an indictment for the non-repair of a high road, about two miles in extent, found in 1824. Mr. AGLIONBY said the Court, last Sessions, allowed further time. Since then, part of the work had been done; but he would now call the surveyor to show that, from circumstances, a still further allowance was requisite.—The surveyor stated that the parish had been repairing ever since the finding of the bill, and had got about one half of the work completed, having laid out altogether about £160; but owing to the very small quantity of rateable property in the parish, money could not be raised to make a more rapid progress, without selling up the goods of the poor.—The Bench asked several questions as to the efforts alleged, and finding them of a rather nerveless nature, imposed a fine of £500, not to be levied, however, till next Sessions, and not at all if common diligence be used in the performance of the necessary work.

The King v. the Inhabitants of Upper Denton.—Mr. AGLIONBY stated that a bill was found against this township, at the Easter Sessions, for neglecting to repair a certain highway, three miles in extent; and it so happened that two of the three miles were not even in the parish! But they did not wish to cause unnecessary trouble and expense. If they pleaded not guilty, they must of necessity be acquitted. If the Court consented, they would put in this plea, undertaking to repair all that they were liable to, which was just one mile.—There was some discussion as to the propriety of pleading guilty to so much of the indictment as related to the single mile, but counsel declared that this could not be legally done; whereas the general plea would involve no important conclusion, and was the simplest mode of arranging the matter.—The Court assented to the general plea, Mr. AGLIONBY, for the parish, undertaking to repair one mile.