TABLE OF STATUTES. 13 Edw. 1, stat. 1, c. 45-Scire facias, 891. 14 Geo. 2, c. 17—Judgment as in case of a nonsuit, 434. 17 Geo. 3, c. 50, s. 8—Auction duty, 187. 39 & 40 Geo. 3, c. 99, s. 6—Duty of pawnbroker, 794. 43 Geo. 3, c. 46, s. 2-Payment into court, 699. 48 Geo. 3, c. 123, s. 1-Discharge of prisoner, 893. 55 Geo. 3, c. 184-Stamps, 260, 733. 6 Geo. 4, c. 16, s. 82-Bankrupt-protected payments, 813. s. 51—Annuity surety, 194. 11 Geo. 4 & 1 Will. 4, c. 70, s. 4—Chamber practice, 141. 1 Will. 4, c. 22-Examination of witness, 738. c. 42, s. 2-Parish lands, 179. c. 58, s. 6-Interpleader, 843. 2 Will. 4, c. 39, s. 12-Indorsement on process, 593. 3 & 4 Will. 4, c. 74, s. 15-Recovery, 719. ss. 84, 85-Acknowledgment, 185, 898. 5 & 6 Will. 4, c. 10, s. 179-Croydon Railway act, 461. c. 83, s. 5-Patent, particular of objections, 587. 1 & 2 Vict. c. 45, s. 2-Interpleader rules, 843. IN THE HOUSE OF LORDS. 1 AND 2 VICTORIÆ. WILLIAM MILLER Esq., and JOHN MALONE - Appellants, and The very Rev. E. D. H. KNOX in the cause of Respondent. 1838. The very Rev. E. D. H. KNOX v. JOHN GAVAN and Others. THIS was an appeal against an order of his majesty's court of Exchequer in Ireland, made on Monday, the 1st Tuesday, The commis- sioners named with the exe cution of a writ of rebellion, have a right, at their discretion, to require the assistance of any of the liege subjects of the crown to aid and assist in the execution of the writ. Such persons have such right, upon reasonable apprehension of resistance to the execution of the writ, although no actual resistance has taken place. Such persons have such right as against persons appointed and acting as constables in Ireland under the statute 3 Geo. 4, c. 103: and that notwithstanding a regulation made in the manner pointed out by that act, prohibiting them from interfering "in the execution of any writ, decree, or civil order, or in driving for rent, tithe, or taxes, unless called out by a magistrate, or the high or sub-sheriff in person," in which case they are to consider it their duty only to protect those persons in the execution of their office-"excepting in the execution of any process directed to them for levying the amount of any recognizance forfeited to his majesty, his heirs and successors, or of any fines imposed on any jurors, witnesses, parties, or persons at any assizes or commission of oyer and terminer, or gaol-delivery, or session of the peace, in the county in and for which such constable shall be appointed pursuant to the statute 3 Geo. 4, c. 103, s. 7;" and directing that constables shall not be employed in revenue duty, unless when specially ordered. If a stranger to the proceedings in the cause, but liable to be called upon to assist in the execution of a writ of rebellion, be regularly called upon to render such assistance, and decline so to do, the court out of which such writ issued may commit such person as guilty of a contempt of such court. 1838. MILLER V. KNOX. Bill filed in the court of Exchequer in Ireland. Appearance of defendants. February, 1836, whereby the said court disallowed the cause shewn by the appellant John Malone, and made absolute a certain conditional order of the 11th January last, and ordered that an attachment should be awarded against him for his contempt stated in the affidavit of Robert Dudley, in refusing to aid and assist the said Robert Dudley, one of the commissioners named in the commission of rebellion in the above-named cause; and that an attachment should also be awarded against the appellant William Miller for his contempt stated in the affidavit of the said Robert Dudley: the attachment thereby awarded not to issue, and each party to abide his own costs of the motion. From the affidavit of Robert Dudley above mentioned, and others, it appeared, that, on or about the 6th March, 1835, a bill was filed in his majesty's court of Exchequer in Ireland by the above-named respondent, as rector and vicar of the parish of Eglish, in the diocese of Killaloe, and county of Tipperary, claiming to be entitled to composition in lieu of the rectorial and vicarial tithes of the said parish, against the above-named defendants, as occupiers of lands, and liable to the payment of composition in lieu of tithes, in respect of the same; and the said bill prayed that an account might be taken, under the decree of the court, of all sums due to the above-named respondent, as such rector and vicar, for or on account of such tithe composition, which accrued due on the 1st November, 1834, and payable out of the lands within the said parish by the above-named defendants, as occupiers, or having such interest therein as to make them liable; and that they might be respectively decreed to pay such sums as should appear on the taking of the account to be due, and might be decreed to pay the costs. On the 18th April, 1835, the above-named defendant John Gavan, and several other defendants, put in their appearance by attorney. The appellant William Miller was at the times above mentioned, and is now, by virtue of the appointment of the lord-lieutenant of Ireland, the general superintendent and inspector for the province of Munster, of the chief and other constables appointed under the provisions of the act of parliament passed in the third year of the reign of his late majesty George 4, intituled "An act for the appointment of constables, to secure the effectual performance of the duties of their office, and for the appointment of magistrates in Ireland in certain cases;" and he was directed to reside in the province of Munster, and to take under his superintendence the police appointed under the said act in the counties of Cork, Kerry, Limerick, Tipperary, and Waterford. The appellant John Malone was and is a chief constable, by virtue of a like appointment under the provisions of the said act. Various rules, orders, and regulations, were made and approved by the lord-lieutenant of Ireland, for the conduct and proceeding of the chief and other constables appointed under the said act, and were promulgated before and in the year 1833; and the conduct of the said chief and other constables has been regulated accordingly. Among these rules is the following:-"The men will on no account interfere in the execution of any writ, decree, or civil order, or in driving for rent, tithe, or taxes, unless called out by a magistrate, or the high or sub-sheriff in person; and they will then only consider it their duty to protect those persons in the execution of their office, excepting in the execution of any process directed to them for levying the amount of any recognisance forfeited to his majesty, his heirs and successors, or of any fines imposed on jurors, witnesses, parties, or persons at any Assizes or commission of oyer and terminer, or gaol delivery, or session of the peace, in the county in and for which such constables shall be appointed, pursuant to the act 3 Geo. 4, c. 103, s. 7. Constables are B 2 1838. MILLER V. KNOX. 1838. MILLER V. ΚΝΟΧ. Writ of rebel lion. not to be employed in revenue duty, unless when specially ordered." Circulars were also issued by order of the lord-lieutenant, for the guidance of the police establishment, on or about the 26th October, 14th November, and 7th December, 1835, and communicated to the appellants at those times. Before and on the 23rd December, 1835, the appellant John Malone was stationed at Borrisokane, in the county of Tipperary, and had under his superintendence the barony of Lower Ormond, and was under the command of the appellant William Miller, who was stationed at Cork, upwards of eighty miles distant. On the said 23rd December, Robert Dudley, of Borrisokane, delivered to him at that place a copy of a writ of rebellion, purporting to be issued out of his majesty's court of Exchequer in Ireland, and to be directed to Robert Dudley and three others, dated the 4th of December, in the fourth year of the reign of his majesty, and returnable on Saturday the 9th January then next. This writ of rebellion was in the following terms:"William the Fourth, by the grace of God, of the United Kingdom of Great Britain and Ireland, king, defender of the Faith, and so forth-To our well-beloved and faithful Robert Dudley, George Sylvester, John Hackett, William Rennison-Greeting:-Whereas by public proclamation of the sheriff of the King's County, in divers places of the same, by virtue of our writ to the said sheriff directed in our behalf, it was commanded that James Doolan, Loughlin Meara, Michael Nolan, and John Gavan, on the peril of their allegiance by them due to us, that they should personally appear before the Chancellor, Treasurer, and Barons of our Exchequer at the King's courts, Dublin, at a certain day already past: notwithstanding, they have manifestly contemned in that particular to obey our commands: Therefore, jointly we command you, and each of |