Swindon Judgment Summonses in September 1861

[toby webb]

In connection with Swindon County Court and its judgment summonses, can anyone explain what the following means:-
"Isaac Wallis v. Samuel Hornblow; commitment for seven days, with a fortnight's suspension"
Where also would I find more about this matter?  Thanks for any help. Toby.

[fastfusion]

Isaac was a mason.

There were 2 Samuels.
Samuel like his father was an agricultural labourer that moved around a bit.
In this particular case we are probably being referred to Snr....... but I would not discount the younger at this stage [ as child labour was not uncommon].

The two parties had a "contract" of sorts.  one of the gentlemen had to stick around and probably perform work for 7 days to obligate the "contract".     then there was a suspension of said contract for 14 days.......    this could be that the defendant had personal issues such as a death or illness or otherwise and asked for a stay.......      meaning that whatever contract was to be done would be done by grace of God or the gentlemans honour......

Since Isaac is the Plantiff  ,    Samuel is person who had to stick around so maybe there is an apprenticeship paper , or labour entry .... but I will say not because Samuel was of full age in 1861.

I will check my All England Law Reports later and see if there was an entry for the case.....  But it is smaller local of County Court so I suspect not.....

Various newspapers including ones from Bath in Somerset and , Hampshire, as well as Wiltshire ones reported on the courts in some instances great detail. Tony you didnt specify where you found the entry.... was it in the newspapers or was it the Petty Sessions book?; or was it from the NA site?? [If NA one can purchase the file]      So if you havent check papers look on BNA or FindMyPast index for the 2 gentlemen in question and see what pops.   Both sites require subs but index search is free........


As well,

contact > http://www.wshc.eu/records-summary-list.html

as Swindon Archives have the historical court papers.....   some of which was made available through Anc [but mostly indexing volumes]   

Write an email to the head researcher for an opinion and, whether they have additional papers maybe the generousity of the letter opener may look it up.......

Swindon Archives does hold files of solicitors.....  so maybe there is a reference in one of those files....  as I have found land documents and other materials in those bundles......   So when contacting the achives be sure and ask if there was legal counsel for either party ........

[KGarrad]

I rather think that "commitment for seven days" refers to a gaol sentence?!

As to why it was suspended, I really have no idea!

[toby webb]

Thanks for the responses. My information was from the Swindon Adver.
Trying to digest all this new info. and will be back. The main complication is so many Samuel Hornblows T

[fastfusion]

KGarrad>      this was a civil case as both plantiff and defendant are mentioned

If it was which it isnt , a Criminal case it would read ROYAL versus defendant.

[KGarrad]

If the case was in the Court for Relief of Insolvent Debtors (for example) it would be a civil case, with the offender going to Debtor's Prison?

[toby webb]

The wshc string looks promising and is something I can follow up when I go to Chippenham sometime in April. Meanwhile, I have not found Isaac Wallis, stone mason. Can you guide me to his village?
There are lots of Samuel Hornblows. The P.C. for 33 years can be eliminated as he died in 1853 and perhaps the Samuel baptised in 1831. I have not found him in 1861 or 1871.
The 1861 entries give 2 , as you said ,but the younger being 10 seems unlikely. That leaves the odds on Samuel aged 50 which hopefully will be setttled at the WRO.   T

[youngtug]

Try Broad Blunsdon

[youngtug]

And try spelling it Wallace.