3H ANNUAL REGISTER, 1816. 



merely to oifcnces of vagrancy, 

 bastiirdy, and offences of that 

 kind, not nieiining by the words 

 " other small offences" to include 

 larceny. The 15 Geo. II. only 

 respected imprisonments previous 

 to trial; and the 52 Geo. III. 

 spoke of conuiiitments to hard la- 

 hour, Ijut did not, as would h:\ve 

 been natural had it so intended, 

 notice houses of correction. As 

 to the r>3 Geo. III. c. lfJ'<J, on 

 which so much stress was laid on 

 the other side, lie submitted that 

 it gave no antliority to justices to 

 imprison in gaols not before re- 

 cognized, and a house of correc- 

 tion had not before been men- 

 tioned. 



The Court was of opinion that 

 the terms of the last named act 

 decidedly gave a power to the 

 magistrates of the borough of 

 Liverpool to connnit to the county 

 house of correction ; for it gave 

 authority to imprison, in any place 

 the judge or justices should think 

 fit to appoint, for such time as 

 they should direct, for the crimes 

 expressly named, of grand and 

 petty larceny. In this case the 

 borough of Liverpool paid a part 

 of the expense of maintaining 

 the house of correction, and it 

 was reasonable it should derive 

 from it a part of the benefit. 



The Kin^r v. Fowle and Another. 

 - -March 19. — This was an indict- 

 ment for an assault against the 

 defendant Fowle, and one of his 

 men, he being churchwarden of 

 the parish of St. Mary the Virgin, 

 at Sandwich, for turaing the pro- 

 secutor out of a pew at church on 

 the 4th of June last. 



The prosecutor of the indict- 

 ment w lis a man of the name of 



Basden, a gardener, at Sandwich, 

 and he stated that he Avas not a 

 parishioner of St. Mary, but had 

 been so formerly, but that for 

 many years he had used a parti- 

 cidar pew in the church of St. 

 jMary ; that Fowle, one of the 

 defendants, was churchwarden of 

 St. Mary ; that on Sunday the 4th 

 of June last, he was at church, 

 when the defendant Fowle came 

 to him, and said that he must not 

 sit in that pew, for that it was 

 wanted for another family ; he 

 rttused to go out unless he wa 

 compelled ; upon which the de- 

 fendant went away, and brought 

 with him two of his workmen, he 

 being n brewer at Sandwich, who 

 came in their working dresses, 

 and seizing him by tlie collar, 

 dragged him out of the pew, and 

 along the nile until they got him 

 to the ch\irch door, and then they 

 thrust him f.ut. On cross-ex- 

 amination he admitted that the 

 defendant had been with him be- 

 fore, and told him that the pew in 

 question was wanted for a Cap- 

 tain ^^'arner, who had taken a 

 house in the town, which had 

 long been untenanted ; that the 

 defendant had also offered him a 

 seat in his own pew, which was 

 opposite, but that he preferred 

 sitting in his old pew. He had 

 not been an inhabitant of the 

 parish for many years, and he 

 also admitted tliat he had gone to 

 church eaily that morning be- 

 cause he knew that Captain War- 

 ner had used that pew the Sun- 

 day before. The defendant first 

 asked him if he would go out ? 

 He said, no, unless he was com- 

 pelled to go by force. That the 

 defendant came with his two men 

 in their working dresses, one of 



them 



