476

Abstraces of Recent Statutes.-Remarkable Trials, No. XXVII.

bour; and one evening, being very urgent with her thereon, she peremptorily refused, declaring she preferred death to being young Robertson's wife. The father grew enraged, and the daughter more positive; so that the most pas. sionate expressions arose on both sides, and the words, barbarity, cruelty, and death," were frequently pronounced by the daughter. At length he left her, locking the door after him.

of the reign of his late majesty King George | of Alexander Robertson, a friend and neighthe Third, and the said recited act, passed in the first and second years of the reign of his late majesty King George the Fourth; and all the powers and provisions now in force of the same acts, so far as the same are applicable to such accounts of the said receiver general, and not varied by this act, shall extend and be applicable to the accounts of the said receiver general in the same manner and as fully and effectually as if the said receiver general had been named and included in the said last-mentioned acts as a public accountant. 21. Provided, that it shall not be necessary to declare the accounts by this act required to be audited by the commissioners of public accounts by or before the chancellor of the Exchequer, but the said commissioners of audit shall transmit a statement of every account examined and audited by them under the authority of this act to the lord high treasurer or the commissioners of the treasury for the time being, who, having considered such statement, shall return the same to the commis. sioners of audit, together with his or their warrant, directing them to make up and pass the account, either conformably to the statement, or with such variations as he or they may deem just and reasonable; and the account having been made up pursuant to such directions, and signed by three or more of the said commissioners for auditing the public accounts, shall remain deposited in the Audit Office, and shall have the same force and validity, and be as efficient in law for all purposes whatsoever, as if the same had been declared according to the usual course by the chancellor of the Exchequer; and the said commissioners shall thereupon, as soon as conveniently may be, cause such or the like certificate thereof, in the nature of a quietus, to be made out and delivered as is now practised by them with regard to declared accounts, and which shall be equally valid and effectual to discharge the accountants, and to all other intents and purposes.

[To be continued.]

REMARKABLE TRIALS.
No. XXVII.

CASE OF SHAW, FOR SUPPOSED MURDER. 1721.

WILLIAM SHAW was an upholsterer, at Edinburgh, in the year 1721. He had a daughter, Catherine Shaw, who lived with him. She encouraged the addresses of John Lawson, a jeweller; to whom William Shaw declared the most insuperable objections, alleging him to be a profligate young man, addicted to every kind of dissipation. He was forbidden the house; but the daughter continuing to see him clandestinely, the father, on the discovery, kept her strictly confined.

William Shaw had, for some time, pressed daughter to receive the addresses of a son

The greatest part of the buildings at Edinburgh are formed on the plan of the chambers in our inns of court; so that many families inhabit rooms on the same floor, having all one common staircase. William Shaw dwelt in one of these, and a single partition only divided his apartment from that of James Morrison, a watch-case maker. This man had indistinctly overheard the conversation and quarrel between Catherine Shaw and her father, but was particularly struck with the repetition of the above words, she having pronounced them loudly and emphatically. For some little time after the father was gone out, all was silent, but presently Morrison heard several groans from the daughter. Alarmed, he ran to some of his neighbours under the same roof. These, entering Morrison's room, and listening attentively, not only heard the groans, but distinctly heard Catherine Shaw two or three times faintly exclaim-" Cruel father, thou art the cause of my death!" Struck with this, they flew to the door of Shaw's apartment; they knocked-no answer was given. The knocking was still repeated-still no answer. Suspicions had before arisen against the father; they were now confirmed; a constable was procured, an entrance forced. Catherine was found weltering in her blood, and the fatal knife by her side. She was alive, but speechless; but, on questioning her as to owing her death to her father, was just able to make a motion with her head, apparently in the affirmative, and expired.

Just at the critical moment, William Shaw returned and entered the room. All eyes were on him! He saw his neighbours and a constable in his apartment, and seemed much disordered thereat; but, at the sight of his daughter he turned pale, trembled, and was ready to sink. The first surprise, and the succeeding horror, left little doubt of his guilt in the breasts of the beholders; and even that little was done away on the constable discovering that the shirt of William Shaw was bloody.

He was instantly hurried before a magistrate, and, upon the depositions of all the parties, committed to prison on suspicion. He was shortly after brought to trial, when, in his defence, he acknowledged the having confined his daughter to prevent her intercourse with Lawson; that he had frequently insisted on her marrying of Robertson; and that he had quarrelled with her on the subject the evening she was found murdered, as the witness Morrison had deposed; but he averred that he left his daughter unharmed and untouched; and that the blood found upon his shirt was there

Superior Courts: King's Bench; K. B. Practice Court; Exchequer.

477

in consequence of his having bled himself some and when the Master had examined it, he days before, and the bandage becoming untied. taxed off rather more than one-sixth. A These assertions did not weigh with the jury, Judge's order was then obtained to compel when opposed to the strong circumstantial the attorney to pay the costs of taxation, on evidence of the daughter's expressions, of the ground of more than one-sixth having been "barbarity, cruelty, death," and of "cruel taxed off his bill. A rule nisi was afterwards father, thou art the cause of my death,"-to-obtained for rescinding this order, and cause gether with that apparently affirmative motion with her head, and of the blood so seemingly providentially discovered on the father's shirt. On these several concurring circumstances, was William Shaw found guilty, and executed, and was hanged in chains, at Leith Walk, in November, 1721.

shewn against it. There appeared, on the face of the affidavits, some doubt as to the time when the writ was issued, and whether it had not been issued merely for the purpose of preventing the attorney from being liable to the costs of taxation.

lute.

On enquiry, the Master was of opinion, that it had not been issued for such a purpose; and therefore the rule was made absolute for rescinding the learned Judge's order.

Toomer o. Fuller, T. T. 1833. K. B. F. J.

The Court referred it to the Master to enIn August, 1722, as a man, who had become quire whether the writ had been issued with the possessor of the late William Shaw's apart- that object: if it had, the rule was to be disment, was rummaging by chance in the cham-charged: if it had not, it was to be made absober where Catherine Shaw died, he accidentally perceived a paper fallen into a cavity on one side of the chimney. It was folded as a letter, which, on opening, contained the following:"Barbarous Father, your cruelty in having put it out of my power ever to join my fate to that of the only man I could love, and tyrannically insisting upon my marrying one whom I always hated, has made me form a resolution to put an end to an existence which is become a burthen to me. I doubt not I shall find mercy in another world; for sure no benevolent being can require that I should any longer live in torment to myself in this! My death I lay to your charge: when you read this, consider yourself as the inhuman wretch that plunged the murderous knife into the bosom of the unhappy CATHERINE SHAW."

This letter being shewn, the handwriting was recognized and avowed to be Catherine Shaw's, The by many of her relations and friends. magistracy of Edinburgh, on a scrutiny, being convinced of its authenticity, they ordered the body of William Shaw to be taken from the gibbet, and given to his family for interment; and, as the only reparation to his memory and the honour of his surviving relations, they caused a pair of colours to be wayed over his grave, in token of his innocence.

SUPERIOR COURTS:

Court of King's Bench.

[Before the four Judges.]

ATTORNEY'S BILL.-COSTS OF TAXATION.

Where an attorney will not be liable to pay the costs of taxing his bill, although more than one-sixth has been taken off on taxa

tion.

In this case, the defendant being indebted to the plaintiff, who was an attorney, in a considerable amount for costs, the latter delivered his bill, and after a few days had elapsed beyond a month, he issued a writ for the amount. After the writ had issued, the defendant took out a summons to tax the bill;

King's Bench Practice Court.

UNIFORMITY OF PROCESS.-SUMMONS.

DISTRINGAS.

It seems, that in order to obtain a distringas, a copy of the summons should be left at the last call.

Butt moved for a distringas. He mentioned to the Court that an application for a distringas had been made to Mr. Justice Patteson, at chambers, on an affidavit stating that three calls had been made, and a copy of the writ of summons left at the second call; but as it appeared that the Court of Exchequer had recently decided that it was necessary to leave a copy of the summons on the last call, the learned Judge suggested that another call should be made, and another copy of the process left.

That was afterwards done; and Taunton, J.,
directed the distringas to issue.
Granted.
K. B. P. C.

·Crickett v. Brill, T. T. 1833.

Court of Exchequer..

PRISONER.-INSOLVENT-DECLARING.-
DISCHARGE OUT OF CUSTODY.

In what cases a prisoner is not entitled to be
discharged out of custody, although the
plaintiff has not declared against him in
due time, according to the ordinary rules
of the Court.

In this case a rule nisi was obtained for the discharge of the defendant out of custody on entering a common appearance, on the ground that the plaintiff had not declared in due time. The arrest of the defendant took place on the 27th September; and having given bail, he was rendered on the 3d of November. In the month of December he filed his petition, pursuant to the 7 G. 4. c. 57, § 15, the Insolvent Act. No notice was given to the plaintiff of

478

Superior Courts: Exchequer.

this fact, although he was aware of it. The
defendant did not file his schedule within the
fourteen days prescribed by that act; but the
Court has a power, which it
may exercise ac-
cording to its discretion, of allowing the pe-
tition to be subsequently filed. The petition
was not dismissed, and therefore it was, by
the act of parliament, still an available pe-

tition.

LONDON COURT OF REQUESTS.-COSTS.

INHABITANCY.

Where the plaintiff will not be entitled to cos's under the provisions of the London Court of Requests Act.

It

On shewing cause against a rule for depriving the plaintiff of costs, on the ground of his having brought his action in the county of On shewing cause against the rule, it was Middlesex, for the recovery of a less debt than contended, that as by the 7 G. 4. c. 57. § 15, 5. The amount recovered was 31. 15s. the filing of a petition renders a prisoner un-appeared that the defendant had a house in supersedable; and as the petition was avail- Lansdowne Place, in the county of Middlesex, able, the defendant could not be superseded. at which place the goods which formed the In support of the rule it was contended, that cause of action had been delivered. He had as no notice was given to the plaintiff of the also a place of residence in the city of London. petition by the defendant, the petition was not It was contended that the mere fact of the deavailable, and therefore the defendant was fendant having a place of residence in London entitled to his discharge. was not a sufficient ground for rendering it incumbent on the plaintiff to bring an action against him in the London Court of Requests, as he had a place of residence elsewhere, in the county of Middlesex.

Bayley, B. was of opinion, that under the words of the act, the defendant, by filing his petition, and the debt here being one on which the Insolvent Court might adjudicate, the petition was still available; and therefore, although the plaintiff had not declared within two terms, the defendant was not entitled to his discharge.

Rule discharged, without costs; or the costs to be costs in the cause.-Molyneux v. Browne, T. T. 1833. Excheq.

In support of the rule, it was submitted that the mere circumstance of the defendant having a place of abode out of the city of London as well as in it, could not have the effect of depriving him of his privilege of being suedin the London Court of Requests, on account of residence in it. The words of the act were, residing" or "inhabiting." The word "inhabiting" was of a much wider signification than "residing," and therefore if the defendant had a habitation INTERPLEADER ACT.-CLAIMANT-SHERIFF. impose the necessity on the plaintiff of suing in the city of London, that was sufficient to

-COSTS.

the defendant in the Court of Requests, and In what manner the party making an unsup-consequently deprived him of his costs, it he ported claim to goods seized by the Sheriff is liable to the payment of costs.

A sheriff's rule had been obtained in this case, under the 1 & 2 W. 4. c. 58. § 6, the Interpleader Act, calling on the plaintiff and a person named Moore, claiming the goods seized, to appear before the Court and abide its directions. On shewing cause against the rule, the claimant did not appear to support his claim.

Munsel, for the judgment creditor, contended, that as the party making the claim did not appear, the Court ought to bar his claim as against the sheriff, and pay the costs of the judgment creditor's appearance on the rule.

Bayley, B. said, that the language of the statute did not necessarily imply that the costs of the plaintiff must be paid by the claimant, although the claim of the latter would be barred. However, under the circumstances, unless the claimant shews cause against the rule within four days from the service of the rule, he must pay the costs of the execution creditor, in coming here to meet the sheriff's rule. The sheriff will, of course, be entitled

to no costs.

Rule accordingly.-Parkins v. Burton, T. T. 1833. Excheq.

did not sue there.

Per Curiam.-If the defendant resides or inhabits within the city of London, that is suflicient, although he may have two places of abode.

Rule absolute accordingly. Rice v. Legh, T. T. 1833. Excheq.

PLEADING DE NOVO. NULLITY.-SIGNING
JUDGMENT.-DEMAND.-RULE TO PLEAD.

Where a plaintiff cannot sign judgment as
for want of a plea, without a rule to plead
or demand of plea.

This was an action of covenant. Several counts were introduced into the declaration, and the defendant pleaded several special pleas. The plaintiff then amended his decla.. ration by adding more counts to it on the same agreement, with liberty to the defendant to plead de novo, or demur. The defendant left the same pleas to the declaration, which, of course, still applied to it; but the plaintiff, without giving a rule to plead or making a demand of plea, signed judgment: thus treating the defendant's pleas as a nullity. A rule nisi was obtained to set aside these proceedings on the ground of irregularity. Cause having been shewn against this ruleBayley, B., expressed it as his opinion, that if there are pleas pleaded, and the plaintiff ob

Answers to Queries.-Queries.

shall be the subject's, wheresoever they fly; and, 3dly. A subject may claim a property in swans ratione privilegi, as if the king grant to a subject the game of wild swan in a river.

It also appears, that in some cases the subject may have a right to swans (except white swans, not marked, which solely belong to the king, Wood's Inst. 21) against the king, by prescription, without any matter of record; See Co. Litt. (Hargrave and Butler's) 114 a. and b., sec. 170, and 119 a. note 1, sec. 178. Your correspondent is also referred to 1 Blac. Com. 298. J. S.

HUSBAND AND WIFE.-CHOSE IN ACTION.

A. gave his promissory note to B. for a sum bond fide lent. 4. afterwards married B. but the note continued in the possession of the wife until the death of her husband, and he took no steps to reduce it into possession. Does this note belong to the executors of A., or does it survive as a chose in action to his 2d. By widow? Y. Z.

Queries.-Miscellanea.-Editor's Letter Bor.