1791-06-16 (static/transcriptions/1791/06/128.jpg)

to the Govr Genl & yet it is certain that neither those Supercargoes, nor many of the residents before mentioned, have any common Gaol to which they can commit, nor any Sheriff to whom they can direct an Order or Warrant. It is also certain that, in Calcutta, the Sheriff is not the proper officer of the Gov. Genl in Council, nor can Lord Cornwallis, as Govr General and in Council, issue any warrant to the Sheriff.
5. Answr to the 5th objection – That all the statutes which relate to this subject are Public Acts of which the Judges are bound to take notice although they be not expressly referred to or formally set forth. It is true that the 5 Geo. 1. c. 21, and the 7 Geo: 1. Stat: 1. c: 21, seem at first to have been private Acts of Parlt but they are converted into publick ones by Geo. 1. c. 26. sec: 10, and that, as well as all subsequent Stats under that head are expressly publick acts.

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The judges being all of opinion that Mr. Duane must be remanded, I immediately pronounced the Judgemt of the Court to that
effect