​

STARRETT's Cafe.

H

ENRY STARRET, while attending the Court as a fuitor, was taken by a Ca. Sa. and Chambers moved that he might be difcharged from the arreft, citing 4 Bac. 421. 3 Bl. C. 289. 2 Stra. 1094. 1 Barn. 17.

Yeates and C. Smith oppofed the motion, and contended, that there was a diftinction between an arreft on meʃne and on judicial, procefs; for, though, in the former cafe, the Court would difcharge a futor, witnefs,&c. from an arreft made during an attendance upon them, yet, in the latter, they would not, becaufe the party would afterwards be remedilefs. Wood's leʃt. 503. 600. 4. Com. Dig. 475. 11 Mod. 234. 252. There is, likewife, another reafon: the Capias on meʃne procefs might be taken out merely on a fuggeftion ; but on judicial procefs, the debt is certain, and fixed by the judgment of the Court.

Chambers and Hartley, in reply. The protection, of fuitors &c. is eftablifhed to promote an equal adminiftration of juftice, and to prevent the oppreffion of a rich and powerful man, over a poor one who is foliciting juftice. There is no exprefs authority that extends the doctrine to this cafe; but in 4 Cum. 575. tit. Priv. it is laid down, that an execution fhall not be difcharge, he fhall himfelf be committed. The books cited in Comyms, Crompton and Wood's Inʃt. are of little authority. ​

1788.

M‘KEAN, Chieƒ Juʃtice.– Wood is a writer of great authority, and frequently cited with refpect in Weʃtminiʃter-Hall. In the cafe before us, the execution has regularly iffued, upon a judgment regularly obtained; and although we fhould certainly protect fuitors, witneffes, and jurors, from an arreft on meʃne procefs, during their attendance upon the Court, and for a reafonable time in coming and going, yet no cafe has been fhewn, which will juftify our interference, to difcharge a man taken in execution on the ground of fuch a protection. It is,indeed, the privilege of the Court that is infringed ; and, it is difcretionary, to grant it on fome occafions, and to refufe it upon others.

by the court:–The prifoner muft be remanded.[♦]

This article is issued from Wikisource. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.