THE PRICE OF SWEARING.

Press, Volume III, Issue 150, 25 April 1863, Page 3

THE PRICE OF SWEARING.

The law reports of the Times give as the following case:— SCOTT t>. LOWNDES AND OTHEBB, JUSTICES.— This was a case which might be called of some interest to those who are in the habit of swearing and cursing. It was a case in which the applicant had beca convicted under 19 Geo. IT., cap. 21, which enacts that if any pereon shall profanely curse or swear he shall, on conviction, forfeit the sum of Is. or 25., according to his degree. The conviction was for swearing one profane oath, 20 times repeated, for which he was fined 40s. Mr. HolL on the part of the defendant, applied for a mandamus to d ; rect the justices to state a case for appeal under the Justices Summary Conviction Act, which they had refused to do. The learned counsel urged that the conviction was clearly bad, because the man had been convicted of 20 oflences upon one information.

Mr. Justice Crompton.—You don't say that it ie a case in which there can only be one conviction on the same day, so that a man, having sworn one

I profane oath, may go on a wearing nil day long with impunity P (A hnigh.) Mr. Justice Blackburn.—A man might swoar one big volloy of oaths which, perhaps, might be deemed one olFonce, but there might, you admit, be several oaths on tho same day. Mr. 1101 l said that was so, no doubt; but, then, if cneh oath was distinct, the otl'enco was distinct, and there ought to be separate informations. Mr. Justice Blackburn thought that as tho fault was oa the face of the conviction, tho remedy, if any, would be by ctrtiorari, but ho was not convincod that it was wrong ; and it would cost tho party a good deal more than 38s. to set tho matter right.

Mr. Justice Crompton also observed that if the learned counsel was right, the costs of 10 convic* tious instead of one would not much benefit Jus client.

Mr. 1101 l cited the great case before Lord Mansfield, " Creppe v. Durdon," (one of Smith's " Leading Cases,") where it was held that a man could not commit more than ono oilenco under the Sunday Trailing Act on ono and tho sumo day. Mr. Justice Crompton.—Then, you do in fact contend that, after having sworn one oath, and paid your 25., you may go on swearing all day long with impunity ? (Laughter.) Mr. Justico Blackburn.—ls this Act still in force ? It provides that it shall be road four times in the year at church. Cortainly I have never heard it read. (Laughter.)

Mr. Justice Crompton.—Many old enactments aro forgotten. Perhaps, ns you have revived tho recollection of the statute, wo may have the pleasuro of hearing it read at length in church. (Much laughter.)

Mr. Milward, as amicua cttriee, stated that there was a general Act repealing tho enactment which required that any statutes should bo read in church.

The Lord Chief Justice thought that tho real remedy, if any, vras to quash tho conviction, by ceriiorari.

Mr. Jtistico Blackburn pointed out that the de* fendant did not upon his affidavit deny the number of times he had used the oath, but set up that he ought only to have been fined 2s. Mr. lToll said Sir John Jervis's Act, 11th and 12th Victoria, cop. 43, soct. 10, expressly required that there should bo only ono oifenco on one conviction ; and there was nothing in the Act to pro* vent cursing and swearing to enable the justices to fine for more than one oilenco on tho same day. Ihe Act provided for a conviction if a man profanely swore.

The Court thought that tho application ought to bo for a certiorari, and porhaps as such an application it woe a matter worthy of consideration. If a man were convicted of move offences than he could be connoted of, or a penalty was inflicted which was not authorised by law, there would be aground for certiorari, to quash the conviction} but that must be a different application.

"It's 'ti\ fighting between a fuj man and n fasting," I need only quote the well-known advice of that fine old veteran, whose high principle and judicious practice shed a lustre upon the ammle of the pmo-ring, in the daye when true British pluck and sterling British honesty regulated that j institution — the undaunted and unconquerable Jackson :—" You gentlemen," the old champion would observe, with a grim smile, " you gentlemen generally get into all your rows after dinner—the worst possible tiino, either for giving or taking punishment. You drink a fair share of wine after eating a large and indigestible meal j and you come across some blackguard, with whom you enter into an altercation, that is pretty sure to end in a fight. 'Well, , you think, 'now ia the ,time to find out whether tho science that Jackson has taken such pains to teach mo ia of any use, or whether he is an old humbug after all! * and you take your coat off, and get your hands up. Now, mark mc! the blaokguard dined at one o'clock, and beyond half a pint of boor and a couple of whiffs from his pipe, ho has had nothing since. The consequence is, lie is empty and in good wind, as you soon discover, when after the first three rounds ho comes up fresh and "bandy, whilst you are bitting out all abroad, blown and confused. The enemy is two stone lighter than yourself, and shorter in tho arms; and although his practice may have been greater, he has not had your advantage of scientific tuition; and yet, much to your surprise, you are getting the worst of it. Shall I tell you what to do? If y OU find | cannot polish him off in one more round, tliero is a last resource—a manoeuvre I have never yot known to foil, and which I strongly recommend i you to put in practice immediately: you give his friend a guinea to take him away ! " Tilbury Nogo.

The Metropolitan Subterranean Bailway (from Paddington, via Kings-cross, to Farringdonstreet) has now been working for a fortnight; and ac far as can yet be judged by ite great and increasing traffic returns, has up to the present infinitely surpassed the expectations of its promoters. Even allowing a most liberal margin for tho numbers of merely curious visitors anxious to see the line for the first time, the present daily returns are still nearly one-third greater than were anticipated. The feet is that plant, engines, and officials are all overworked. In the case of the engines this has resulted sometimes in a quantity of sulphureoua gas being let into tho tunnel. It appears that jnuch more eteam is ueed to draw

the engines than the condensers can condense, and the driver is obliged to exhaust into the funnel, a process which draws tho gas from the furnace, and sots it loose in tho covorod 'trayV to tho annoyance of every one. Now engine* ■with very large condensers hare already been ordered. On Sunday, Jnnuarv, 18, there wore 38,000 pas* aengers, or about the maximum number that the ; Crystal Paluco lino ever taltce down, to Norwood and back even on the most crowded days. Of coureo, with the reduced hours of working on Sundays, it would have been quito impossible to got this great number np and down the line had tho quarter-hour intervals between tho trains been ndhered to. Tho first concossion made on this day was to run tho trains at seven and a-holf miuuto intervals, but oven this was found insufficient, and it was eventually necessary to start them, both east and west, at four-minuto intervals between each. — Home News.