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RELATING TO

THE POOR LAWS, THE CRIMINAL LAW,

AND OTHER SUBJECTS

CHIEFLY CONNECTED WITH

The Duties and Office of Magistrates,

DECIDED PRINCIPALLY IN

THE COURT OF QUEEN'S BENCH AND THE COURT FOR

CROWN CASES RESERVED,

FROM

MICHAELMAS TERM 1850, TO TRINITY TERM 1851,

BOTH INCLUSIVE.

BY

HENRY JOHN HODGSON, Esq.,
COLLEY HARMAN SCOTLAND, Esq. AND FRANCIS RUSSELL, Esq.

BARRISTERS-AT-LAW.

FORMING PART III. OF

VOL. XXIX.

NEW SERIES, VOL. XX.

OF

THE LAW JOURNAL REPORTS.

LONDON:

Printed by James Holmes, 4, Took's Court, Chancery Lane.
PUBLISHED BY EDWARD BRET INCE, 5, QUALITY COURT, CHANCERY LANE.

MDCCCLI.

REPORTS OF CASES

CONNECTED WITH

THE DUTIES AND OFFICE OF MAGISTRATES.

VOL. XX. (NEW SERIES), COMMENCING IN

MICHAELMAS TERM, 14 VICTORIÆ.

}

BARTON V. BRICKNELL.

1850.

plaintiff in default of payment to be set in Nov. 27.

the stocks, which however was never done, Justice of the Peace-11 & 12 Vict. c. 44.

but the penalty was levied by distress,-it was ss. 1,2.Excess of JurisdictionTrespass,

held, that an action of trespass for seizing when maintainable.

the goods under the distress was not within

section 2, and was not maintainable by reason By the 11 f12 Vict.c. 44. s. 1. it is enacted of section 1. that every action against a Justice for any act done by him in the execution of his duty Trespass for breaking and entering the as such Justice, with respect to any matter plaintiff's dwelling-house, and seizing his within his jurisdiction as such Justice, shall goods, and retaining possession of them be an action on the case, and in the declara- until the plaintiff was compelled to pay tion it shall be expressly alleged that such 11. 14s. to regain possession, alleging as act was done maliciously and without reason- special damage that the plaintiff was obliged able and probable cause.

Section 2. pro

to lay out and expend a large sum of vides, that for any act done by a Justice in money, to wit, &c., in quashing a convica matter of which by law he has not jurisdic- tion, the quashing whereof was necessary to tion, or in which he shall have exceeded his enable the plaintiff to maintain this suit. jurisdiction, any person injured thereby or Plea—not guilty" by statute.” by any act done under any conviction, $c., At the trial, before Platt, B., at the issued by such Justice in any such matter, Oxfordshire Spring Assizes, 1850, it apmay maintain an action against such Justice peared that the defendant, a Magistrate of in the same form and in the same case, as that county, had convicted the plaintiff he might have done before the passing of the under the 29 Car. 2. c. 7. for unlawful act.

trading upon a Sunday. The conviction Held, that the two sections must be adjudged that the plaintiff should pay a read together, and that section 2. applies penalty of 58. together with 11. 1s. the costs only to those cases where the act, in respect of the prosecutor, and that if the said of which the action is brought against the several sums were not paid forthwith the Justice, is itself an excess of jurisdiction. same should be levied by distress and sale

Therefore, where a Justice convicted the of the goods of the plaintiff, and in default plaintiff in a penalty, and adjudged that it of sufficient distress, it adjudged the plainshould be levied by distress and sale, but tiff to be set in the stocks for two hours, exceeded his jurisdiction in ordering the unless the said several sums and all costs

NEW SERIES, XX.-MAG. CAS.

B

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