swarb.co.uk - law index
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Magistrates - From: 1849 To: 1899
This page lists 12 cases, and was prepared on 02 April 2018.
In Re The Justices Of Coventry [1854] EngR 985; (1854) 19 Beav 158; (1854) 52 ER 309
4 Dec 1854
Magistrates
[ Commonlii ]
Brown v Nicholson [1858] EngR 1141; (1858) 5 CB NS 468; (1858) 144 ER 190
17 Nov 1858
Magistrates
A borough may be a "town corporate" within the licensing act, 9 G 4, c. 61, s. 1, though it has no separate court of Quarter Sessions. - A licence was granted by the justices of the borough of M, - a place having a separate commission of the peace, but no separate court of Quarter Sessions, at a licensing meeting held on the 7th of September, which had been duly appointed by them as they had always been accustomed to do : Held, that the licence so granted was valid, notwithstanding that the justices for the county (who had concurrent jurisdiction in M.) had previously appointed a licensing-meeting for the 8th.
[ Commonlii ]
The Queen Against William Henry Rawson The Younger, Esq, And Another, Justices Of The West Riding Of Yorkshire [1866] EngR 183; (1866) 6 B & S 802; (1866) 122 ER 1389
8 Nov 1866
Magistrates
[ Commonlii ]
Regina v Goodall (1874) LR 9 QB 557
1874
Cockburn CJ
Magistrates, Costs
The Divisional Court could, in some cases inflict costs on justices who were guilty of some gross impropriety.
1 Citers
Regina v Meyer [1875] 1 QBD 173
1875
Magistrates
The court made an order for costs against a justice who ought not to have sat on a case. (Comment: "The granting of costs when a rule is made absolute for a certiorari is contrary to the usual practice: see Gray on Costs p 466 where it is said: 'As there is no provision (in the statute 5 Geo 2, c 19) for the payment of costs where the order or other proceedings is quashed, neither party is in that case entitled to costs'.")
1 Citers
Regina v Hughes (1879) 4 QBD 614
1879
Baron Huddleston, Hawkins J
Criminal Practice, Magistrates
Baron Huddleston said that: "objections and defects in the form of procuring the appearance of a party charged will be cured by appearance."
Hawkins J said: "The information, which is in the nature of an indictment, of necessity precedes the process; and it is only after the information is laid, that the question as to the particular form and nature of the process can properly arise. Process is not essential to the jurisdiction of the justices to hear and adjudicate. It is but the proceeding adopted to compel the appearance of the accused to answer the information already duly laid, without which no hearing in the nature of a trial could take place (unless under special statutory enactment)."
1 Citers
Carden (1879) 5 QBD 1
1879
Cockburn CJ
Magistrates
Whilst an order may be available to oblige a magistrate to hear and determine a matter properly within his jurisdiction, an order will not be available which seeks "to control the magistrate in the conduct of the case or to prescribe to him the evidence which he shall receive or reject".
1 Citers
Regina v Hutchings; 1881 - (1881) 6 QBD 300
The Queen v D'Eyncourt; 1888 - (1888) 21 QBD 109
Ex parte Lewis (The Trafalgar Square Case); QBD 1888 - (1888) 21 QBD 191
Regina v Parlby (1889) 22 QBD 520
1889
Utilities, Nuisance, Magistrates
Sewage works could not be treated as 'premises' under the section. "The very magnitude of the authority conferred upon justices by the sections under consideration affords a powerful argument that they are intended for ordinary and comparatively simple cases . ."
Public Health Act 1875 91
1 Citers
Russell v Magistrates of Hamilton (1897) 25 R 350
1897
Scotland, Magistrates
An interdict was granted against the Provost and Magistrates of Hamilton.
1 Citers