Peach and Another, v Bath
| Jurisdiction | England & Wales |
| Court | Court of the King's Bench |
| Judgment Date | 02 May 1764 |
| Date | 02 May 1764 |
English Reports Citation: 97 E.R. 936
IN THE COURT OF KING'S BENCH
S. C. 1 Black. 471.
Referred to, The Charkich, 1873, L. R. 4 Ad. & E. 89; R. v. Keyn, 1876, 2 Ex. D. 130; West Rand Central Gold-Mining Company v. R. [1905], 2 K. B. 407.
[1478] triquet and others, verms bath. peach and another, versus bath. uut*., Saturday, 2d May, 1764. [S. C. 1 Black. 471.] English secretary to a foreign minister protected from arrest. [3 Durn. 80.] [Referred to, The Charkieh, 1873, L. R. 4 Ad. & E. 89; B. v. Keyn, 1876, 2 Ex. D. 130; West Band Central Gold-Mining Company v. B. [1905], 2 K. B. 407.] Mr. Blackstone, Mr. Thurlow, and Mr. Dunning, on behalf of the plaintiffs, shewed cause why the bill of Middlesex in each of these causes should not be set aside, and the bail-bond be cancelled. The rule was made upon affidavits "of the defendant's being a domestic servant of a foreign minister; arid having taken all the proper steps to intitle him to the privilege of such domestics." The only question was, " whether the defendant (Christopher Bath) was really and truly and bona fide a domestic servant of Count Haslang, the Bavarian minister :" or, " whether his service was only colourable, and a mere sham and pretence calculated to protect him from the just demands of his creditors." On the part of the defendant, it was sworn, " that he was regularly appointed by Count Haslang, to be one of his English secretaries, at 301. per arm. for board and lodging, &c." And he swore to actual attendance and actual service, at several times, at the count's house ; and writing, copying and carrying several letters and memorials : in short, the defendant's affidavits were so framed, that every thing was sworn that ia absolute strictness could be required, to bring him within the description of a domestic servant to this minister. On the part of the plaintiffs, it appeared, that Bath was a mercer in Dublin, about seven or eight years ago; that he had afterwards been a commissary of stores abroad, and was now upon half-pay as such, at 15s. per day : that he speaks only English : that he had never eat nor lodged in the count's house, nor received any wages : (but as to the wages, it appeared that there were not yet so much as half a year's wages become due). It was also sworn, very generally " that whilst he carried on trade in Ireland, he bought goods in England, and sold them in Ireland." Mr. Blackstone observed that the Act of Parliament of 7 Ann. c. 12...
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