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JCCIDENT, OFFMJS CBS. §e,.…

'...' s J OF COMMON PLEAS—v.…

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s J OF COMMON PLEASâv. 11. Mr. Serjeant Shepherd shewed cause againsl a rule, obtained by Alr. Scijeaift Best, for at habeas cvrptig, to bring up the body of a per son, named George Foster, coachman in ordi- nary to His Majesty, who had been arrested in consequence of bis uot having honoured a bill of exchange, accepted by him. The rule has been granted by the Court, upon the grounds, that he was m the service of His Majesty and in consequence of his being so situate, was, by Act Of Parliament, exempted f,roin arrest.-It was granted by Mr. Serjeant Shepherd, that Foster was coachman in ordi- nary to his Majesty but that he was also in f partnership with a man named Otway, who carried on business at, and owned the One Bell Inn,' in the strand. The bill had been,addres- sed toOtway and Foster, and accepted "George Foster and Co." By this it appeared; that ^Foster' had been dealliug in the mercantile way., aijd it was but- just that he should; as any other trader, feel this consequence of in- solvency.. Mr. Serjeant Best sai3, that he.had Foster's affidavit, as to his employment under His Ma- jesty. He observed, that it would be attended with very disagreeable effeclfs, and be produce tiveof great inconveniencies to His Majesty, if, upon his going to the House of Lords, orelse- 'o whiSTe, hfs earriage shoold be stopped by con* stables, for the purpose of taking eae of h^ servants into custody. The-Lord Chi«f'Justice said, that it was hot his profin6e to inquire with what propriety a servant of His Majesty .tnfgb-t ehgage in any ^business, the faihijre of ^hich nugiit.'be pro- ductive of.injury lo others: it was inenmbent on the Court, to protect eyery person in any privileges he had. received by -act of ParliaV inent, and as this prlfjejege actually existed, it was not posvibttjo do ii. itway without, a re- peal of the act which created it. v

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