1819. The KING against AMOS. there to take his trial upon a bill of indictment of felony found against him. The indictment came on for trial before Bayley J. at the last Lancaster summer assizes, 1818, when a verdict was taken for the crown, subject to the opinion of the Court on a special case. There are two houses of correction in and for the county of Lancaster, one being the house of correction situate within the borough of Liverpool, and mentioned in the indictment, which is a part of the present gaol of the said borough, properly separated therefrom, but hired as a house of correction by the justices of the peace of the county, under the authority of the several acts of parliament in force; and another situate at Preston, in the said county. The expenses of which houses of correction are defrayed by a rate upon the county of Lancaster, exclusive of the hundred of Salford. And there is a third house of correction, situate at Salford, which was built, and is supported by a rate upon the hundred of Salford only. On the 5th day of July, 1817, James Crookham was apprehended within the borough of Liverpool, for a felony committed within the said borough, being the felony charged in the indictment; and sent for such of fence to the house of correction for the county of Lancaster, at Liverpool, under a warrant of commitment by John Wright, Esq., one of the justices of the peace for the said borough, and received by the defendant into his custody, under the said warrant of commitment, to be kept in the said house of correction until the next general quarter sessions of the peace to be held for the borough. And the prosecutor and his witnesses were, in due form of law, severally bound over in the usual way, by the said justice, to appear at the general quarter quarter sessions to be held for the borough, and prefer a bill of indictment, and give evidence against the said James Crookham. A general court of quarter sessions for the borough was held on the 21st day of July, 1817; and the prosecutor and his witnesses, in compliance with their recognizance, did appear at such sessions; and a bill of indictment was presented against the said James Crookham for the said felony to the jury, then impannelled and sworn, and returned to the said Court a true bill. The order of sessions mentioned in the indictment was thereupon made and shewn to the defendant, and he was required to deliver up the said James Crookham to Thomas Rowe, one of the constables of the said borough, for the purpose of his being conveyed by the said Thomas Rowe to the court of quarter sessions, and there tried upon the bill of indictment found. The defendant refused to deliver up the said James Crookham, as stated in the said indictment. The said James Crookham was afterwards detained by the defendant in his custody, until the next court of quarter sessions held for the said county of Lancaster, on the 11th August, and then discharged by proclamation, without having been tried for the felony for which he was so committed, no one appearing at such court of quarter sessions to prosecute him for the offence for which he was committed. The borough of Liverpool is a town corporate by prescription, and lawfully hath, and before, and at the time of committing of the said felony, had justices assigned to keep the peace in and for the said borough, and also to hear and determine divers felonies, trespasses, and other misdemeanours there committed; and general courts of quarter sessions of the peace have been immemorially held there, at which persons Nn 2 charged 1819. The KING against AMOS. 1819. The KING against AMOS. charged with petty larceny and misdemeanours, committed within the borough, have been tried. A court for the trial of civil actions, denominated the Mayor's Court, hath been immemorially held within the said borough; and there hath been immemorially a gaol within the said borough for the confinement of debtors under mesne process, and in execution for the said mayor's court; and also for the confinement of prisoners committed for trial by the justices of the said borough for offences done within the said borough, and also in execution of their sentences after trial at the said courts of quarter sessions; and the said gaol hath been, and still is, supported out of the funds of the corporation. The parish of Liverpool, which was formerly a township and part of the parish of Walton, and which was separated therefrom and made a parish of itself, by a certain act of parliament passed in the year 1669, pays its proportion of the county-rate, including therein such part of the same as is applicable to the maintenance and support of the houses of correction at Liverpool and Preston. Until the year 1809, the proportion of the county-rate was paid by the treasurer of the corporation of Liverpool out of the corporate funds; and since that time, the proportion of the county-rate has been, and is now, paid by the churchwardens and overseers of the poor of the said parish of Liverpool out of the poor rates, under 12 G. 2. c. 29. The assessment upon the said parish of Liverpool, in respect of said rate, is now equal to the sum of 80007. per annum, or thereabouts; and the proportion payable by the parish, towards the maintenance and support of the houses of correction at Preston and Liverpool, for the last quarter, was 5007. and upwards. The inhabitants of the parish contribute to to the county rate through the medium of the poor's rate, in respect of their property lying within the same; and the corporation and their tenants, like other individuals, also contribute to the county rate, in respect of its corporate estate lying as well within as without the limits of the said parish. The parish and borough of Liverpool are co-extensive. The justices of the borough have not any exclusive jurisdiction within it, nor have they any jurisdiction without its limits in the county at large, unless the Court may be of opinion that such jurisdiction is given to them, in certain cases, by acts of parliament, if any such there be. John Wright, Esq. acted as a justice of and for the borough only. The justices of the peace of the county of Lancaster, since the 6 G. 1., have committed prisoners charged with or convicted of petty larceny and other offences, to the houses of correction of the said county. About the year 1776, a house of correction was built within the borough of Liverpool, by and at the expense of the parish, the corporation contributing thereto 500%., and the residue of the expense thereof being defrayed by the parish out of the poor's rates. The expense of supporting that house of correction was defrayed by the parish out of the poor's rate, from the time of the erection of the same until the year 1814, when the parish refused and discontinued to support or to permit it to be any longer used as a house of correction; and the building has never been since used as a house of correction, but has been by the parish converted into and is now used as a lunatic asylum for the parish paupers. From the time of the erection thereof in the year 1776 until the year 1814, the same was used as a public house of correction for the borough. Persons charged with petit larceny Nn 3 1819. The KING against AMOS. 1819. The KING against AMOS. larceny and other offences within the borough have, before trial at the borough sessions, been committed by the justices of the borough to the borough gaol, until the year 1812; but since that time, a considerable number have been committed by the justices of the borough to the houses of correction at Liverpool and Preston, for trial at the several courts of quarter sessions for the said county, and there received. And prisoners, in execution of their sentences for petit larceny and other offences, are constantly sent by the court of quarter sessions of the borough of Liverpool to the houses of correction at Liverpool and Preston, and there received, and such right of commitment is not disputed; but there has been no instance of any person committed to the county house of correction having been brought to trial at the borough sessions. The defendant is regularly appointed governor of the county-house of correction, by the county justices, and not by the justices of the borough, the latter having no share in, nor any thing to do with, his appointment. The question for the opinion of this Court was, whether the defendant, as the governor of the house of correction at Liverpool, was bound to deliver up James Crookham for trial at the general quarter sessions of the borough. The case was argued in last term by J. Clarke, for the crown. This question turns upon the statute 15 G. 2. c. 24., which, being passed for the relief of boroughs, ought to have a liberal construction. It enacts, that borough magistrates may commit, and that the persons committed shall be received, detained, ordered, and dealt with, to all intents and purposes, as if committed by a county magistrate. Here, Liverpool is a bo |