An examination before examining justices 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 not to have rejected the examination. Order of sessions quashed.
Citations:
[1842] EngR 1005, (1842) 2 QB 520, (1842) 114 ER 204
Links:
Jurisdiction:
England and Wales
Magistrates
Updated: 18 May 2022; Ref: scu.307960