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Magistrates - From: 1800 To: 1849
This page lists 10 cases, and was prepared on 02 April 2018.
ÂRex v Jukes (1800) 8 Term Rep 542; [1800] EngR 151; (1800) 8 TR 536; (1800) 101 ER 1533
1800
Lord Kenyon CJ
Magistrates
A conviction by magistrates was said to be erroneous on its face, having failed to exclude a possible defence. The prosecutor objected to an application that it be quashed, saying "that the defendant having elected to appeal to the sessions, the certiorari was in effect taken away by the Act, because it said that the determination of the session should be final." Held: "That would be against all authority; for the certiorari being a beneficial writ for the subject, could not be taken away without express words . ."
1 Citers
[ Commonlii ]
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Rex v Berkley and Bragge [1819] EngR 9; (1819) 1 Keny 80; (1819) 96 ER 923 (A)
1819
Magistrates
Orders of justices of peace, made in pursuance of the Excise laws, may be removed by certiorari: and the words “party, person,” &C. in the Act of 23 G 2, C 18, do not include the Crown; therefore a certiorari, on the motion of His Majesty's Attorney General, was directed to issue, although the time limited by that statute for applications for such writs was elapsed, and the directions in it, relative to notice to the justices, had not been complied with by the Crown.
1 Citers
[ Commonlii ]
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 Rex v Borron; 1820 - (1820) 3 B&Ald 432; [1820] EngR 136; (1820) 3 B & A 432; (1820) 106 ER 721
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Rex v Cashiobury Hunderd Justices (1823) 3 Dow & Ry KB 35
1823
KB
Abbott CJ
Magistrates
The court looked to the ouster of the its jurisdiction to issue an order of certiorari to a lower court "certiorari always lies, unless it expressly taken away, and an appeal never lies, unless it is expressly given by the statute . . ."
1 Citers
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The King v Thackwell And Others, Churchwardens And Overseers Of The Poor Of Monmouth [1825] EngR 536; (1825) 4 B & C 62; (1825) 107 ER 982
30 Apr 1825
Magistrates
Where overseers’ accounts, allowed by three justices, were delivered to the successors so late that they could not appeal to the next sessions: Held, that an appeal to the next practicable sessions was in time, and that the justices might then respite the appeal although the respondents objected to the delay.
[ Commonlii ]
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Collier v Hicks (1831) 2 B & Ad 663; [1831] EngR 686; (1831) 109 ER 1290
7 Jun 1831
Lord Tenterden CJ
Litigation Practice, Magistrates
Trespass for assaulting, and turning plaintiff out of a police office. Plea, that two of the defendants, being justices of the peace, were assembled in a police office to adjudicate upon an information against AB for an offence against a penal statute, and were proceeding to hear and determine the same, when the plaintiff (being an attorney) entered the police office with the informer, not as his friend or as a spectator, but for the avowed purpose of acting as his attorney and advocate touching the information ; and as such attorney and advocate, without the leave, and against the will, of the justices, was taking notes of the evidence of a witness then under examination before them, touching the matter of the said information, and was acting and taking a part in the proceedings as an attorney or advocate on behalf of the informer; that the above two defendants stated to the plaintiff, that it was not their practice to suffer any person to appear and take part in any proceedings before them as an attorney or advocate, and requested him to desist from so doing; and although they were willing to permit the plaintiff to remain in the police office as one of the public, yet that he would not desist from taking a part in the proceedings as such attorney or advocate, but asserted his right to be present, and to take such part, and to act as such attorney and advocate for the informer; and unlawfully, and against the will of the justices, continued in the police office, taking part and acting as aforesaid, in contempt of the justices ; whereupon, by order of the above two defendants, the other defendants turned the plaintiff out of the office : Held: on demurrer, that this was a good plea, inasmuch as no person has by law a right to act as an advocate on the trial of an information before justices of the peace, without their permission.
Lord Tenterden CJ said: 'Any person, whether he be a professional man or not, may attend as a friend of either party, may take notes, may quietly make suggestions, and give advice; but no one can demand to take part in the proceedings as an advocate, contrary to the regulations of the court as settled by the discretion of the Justices."
1 Citers
[ Commonlii ]
Â
The King v The Justices Of The West Riding (Warmsworth v Doncaster) [1834] EngR 793; (1834) 1 Ad & E 607; (1834) 110 ER 1339 (A)
31 May 1834
Magistrates
[ Commonlii ]
Â
Regina v The Justices Of The West Riding Of Yorkshire (Keighley) Against Wilson [1842] EngR 649; (1842) 2 QB 331; (1842) 114 ER 130
30 May 1842
Magistrates
[ Commonlii ]
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The Queen v The Inhabitants Of Silkstone [1842] EngR 1005; (1842) 2 QB 520; (1842) 114 ER 204
9 Nov 1842
Magistrates
An examination before removing juetices had the following jurat. ''Sworn before me, on," and, '' and I do hereby certify that the above examination was read over," andc. After this followed the signatures of two justices. The ground of objection was that this examination "is illegal and bad, inasmuch as, though signed by two justices, it purports to have been taken before one justice only." The sessions having, under stat. 4 and 5 W. 4, c. 76, s. 81, refused to hear evidence in support of the settlement disclosed by the examination, and discharged the order of removal, on this objeetion : Held that, on the objection so taken, the sessions ought iiot to have rejected the examination. Order of sessions quashed.
[ Commonlii ]
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Smith and Others v Martin [1845] EngR 239; (1845) 2 Wms Saund 394; (1845) 85 ER 1206
1845
Magistrates
[ Commonlii ]
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