Anonymous (1726) 1 Vent 336
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1726 |
| Date | 01 January 1726 |
| Court | Court of the King's Bench |
English Reports Citation: 86 E.R. 217
IN THE KING'S BENCH, EXCHEQUER, COURT OF CHANCERY
[336] anonymus. Antea 305. Post, 344, &c. ibid. In an habeas corpus and certiorari for the body of J. S. who had been imprisoned for not paying of a fine of 201. set at the Quarter-Sessions, the return was, that he being constable, and demanded by the Court to present an highway, which was sworn before him by two witnesses to be out of repair, said in contempt of the Court, that he would not present it: for which and certain other contemptuous words the fine was set. The counsel for the prisoner moved, that it might be filed : which was done. The Court were of opinion, that the fine was not well set; for constables are to present upon their own knowledge, and the two witnesses should have been carried to the grand jury ; for the constable was not obliged to present upon their testimony. This Court is to judge of their fines, whether without cause, or to mitigate them when excessively imposed; and for the contemptuous words the return is ill, because not expressed what. On the other side it was prayed, that the return might be amended, for he had spoken opprobrious words ; but that could not be admitted after the filing. And so the party was discharged.
English Reports Citation: 86 E.R. 217
IN THE KING'S BENCH, EXCHEQUER, COURT OF CHANCERY
anonymus. 1 Salk. 121, 122, 478. 1 Sid. 222. 1 Mod. 20. 2 Show. 129, 132, 256, 257, &c. It was moved to quash an order of sessions, for the keeping of a bastard-child. First, that it doth not appear that the child was born within the parish. Secondly, 'tis to allow so much weekly until the child is eight years of age; whereas the statute gives power to make a...
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The King against Sir Joseph Mawbey, Bart. James Liptrott, Clerk, Ralph Leyoester, Esq. and the Reverend Edward Cooper
...267. The duty of constables is to present all offences inquirable in the leet, which come within their knowledge. 2 Hawk. c. 10, s. 34. 1 Ventr. 336. They are punishable for non- feazance, and a fortiori for misfeazance; Lamb. [630] 49. 3 Burn's Just, and so are all public officers who have......
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Goodwin v Parker. in C. B
...of the return, as it did appear to the Court or person authorised to commit." Vaugh. 137, and see Grmdei/'s case, 2 Swanston, 82. Anon. 1 Vent. 336. However, the language of Ld. C. J. Vaughan, in this case, has been held to bo too unqualified, at least with reference to Superior Courts. Bur......
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Ex parte Pater
...interfere by certiorari for the purpose of examining the legality of the order of the Quarter Sessions, which is an inferior Court; Anon. (1 Ventr. 336); Bex v. Clement (4 B. & A. 218, 229), per Bayley J.; Re Clement (11 Price, G8, 87), per Wood B. [Coekburn C.J. The c;ise in Ventris is ina......
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Parker and Others
...Bushell's case (Vaughan, 135; T. Jones, 13; 6 How. St. Tr. 999), ThomUnson's cane (12 Co. 104), Seeles's case (Cro. Car. 557), Anon., 1 Ventr. 336; Watson v. Clarke (Carth. 69, 75), Rex v. Clarke (Salk. 349 Com. 24 ; 12 Mod. 114), Dcybel's case (4 B. & Cr.;245), So-uden's ease (id. 294), an......