Barnes and Another against Keane
| Jurisdiction | England & Wales |
| Judgment Date | 26 April 1850 |
| Date | 26 April 1850 |
| Court | Court of the Queen's Bench |
English Reports Citation: 117 E.R. 386
QUEEN'S BENCH.
[78] barnes and another against keane. Friday, April 26th, 1850. The assignee of a bond, given to the sheriff on arrest of H. by a Judge's order under stat. 1 & 2 Viet. c. 110, s. 3, declared in debt against the obligor, reciting that the writ in the present action issued 17th April 1850; and stating that, to wit on 2d April 1849, H. had been arrested and was then in the sheriff's custody by virtue of a capias theretofore, to wit on the day and year last aforesaid, issued out of the said Court by virtue of a Judge's order theretofore, to wit on 31st March 1849, made; which writ was directed and delivered to the sheriff, indorsed for bail for 431., according to the form of the statute. The declaration recited the writ, commanding the sheriff to take H., and keep him till he should have given bail or made deposit in an action of debt at the suit of plaintiff, or should by other lawful means be discharged, and requiring H. to put in special bail. The declaration then stated that the sheriff, after the arrest of H., delivered to him a copy of the writ, and, to wit on the day and year aforesaid, took bail for H.'s putting in special bail to the said action. That on that occasion defendant, by bail bond, became bound to the sheriff, under a condition reciting that H. was taken, on 2d April 1849, by a capias bearing date the same day, in an action of debt at plaintiff's suit; and the condition was for H.'s putting in special bail. That H. did not put in special bail; and the bond became forfeited ; and the sheriff afterwards, to wit on 17th April 1849, assigned it to plaintiff. On special demurrer : Held, by Patteson and Erie Js., that it appeared conclusively against defendant, from the recited condition of the bond, that the Judge's order was made, H. arrested, and the bond given and assigned, in an action brought by the present plaintiff against H., and after its commencement. And, by Lord Campbell C.J., Wightman and Erie Js., that, independently of the condition of the bond, the Judge's jurisdiction sufficiently appeared. Held also, that it was to be intended that the bond was assigned before this action was commenced : for the declaration shewed that it was assigned before the time of declaring, and the Court would therefore intend that it was assigned before the issuing of the writ, unless the contrary appeared, which was not the case here, the same day being named both for the issuing of the writ and for the assignment. Debt. The declaration stated that H. W. Barnes and W. Cox, assignees of T. Q. Finnia and J. E. Goodhart, Sheriff of Middlesex, according to the form of the statute, &c., by, &c., the attorney of them, Barnes and Cox, complain of D, Keane, the defendant, " who has been summoned to answer the plaintiffs by virtue of a writ issued on the 17th day of April, A.D. 1849, out of the Court of our lady," Ac., in an action of debt: and they demand of the defendant the sum of 1001., which he owes, &c., for that, "to wit on the 2d day of April, a.d. 1849, one William George Howard had been arrested by, and was then in the custody of," Finnis and Goodhart, as and then being [76] sheriff of, &c., " upon and by virtue of Her Majesty's writ of capias, theretofore, to wit on the day and year last aforesaid, issued out of the said Court, by virtue of a special order of Sir John Patteson, Knight, then one of the Judges," &c., "theretofore, to wit on the 31st day of March, A.D. 1849, made by the said Judge;" which writ was then directed to the said sheriff, and delivered to the said Finnis and Goodhart, as such sheriff, indorsed for bail for 431., according to the form of the statute, &c., and by...
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