MR. THOMAS THORNHILL MORLAND 163 



Lord Gifford afterwards applied to the 

 Higher Court to quash the proceedings of the 

 Faringdon magistrates, and the appeal was 

 heard in the "Bail Court" on January 29th, 

 1845, before Mr. Justice Williams, sitting "in 

 Banco." Mr. Smith appeared for Lord Gifford, 

 and urged that Lord Gifford, being a Peer of 

 the Realm, was not subject to the jurisdiction 

 of the magistrates in such a matter, and 

 secondly that the warrant was bad, because 

 it contained the recital that Mr. T. T. Morland 

 was in danger of personal violence, whereas no 

 information had been laid by Mr. Morland. 



Mr. Pashley, who appeared for the magis- 

 trates, was proceeding with his argument in 

 support of the jurisdiction, when Mr. Justice 

 Williams said : " Really, Mr. Pashley, I do not 

 think I am called upon to enter into the dis- 

 cussion in this case, because I see no reason for 

 my interference on two grounds : First, it is 

 clear the noble Lord, I am happy to observe, 

 is not in custody. In the case of the Queen 

 V. Dunn, cited, the first observation that arises 

 is that he was in custody, and that being in 

 custody, according to the never-failing rule of 

 the Courts, they are bound to examine and 

 enquire whether he is in custody on good and 

 sufficient grounds. Lord Gifford upon the 

 present occasion is not in that predicament ; 



