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Colonel Layton's Case

Nominate Series English Reports Cited authorities 3 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 January 1796
Date01 January 1796
CourtHigh Court

English Reports Citation: 88 E.R. 874

COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER

Colonel Layton's Case

cask 63. colonel layton's cask. A commitment by a Lord Mayor of London, on the view of a forcible detainer, subscribed " A. B. 'mayor," without adding " and justice of the peace," is good ; for by the statute 8 Hen. 6, c. 26, all mayors are made justices of peace.-S. C. post, 59, 236. S. C. Salk. 106, 353, 450. S. C. Fort. 173. Colonel Lay ton was brought into Court by habeas corpus, having been committed by the Lord Mayor of London, on his own view, for a forcible entry into the Fleet Prison, and for a forcible detainer thereof. The title Layton claimed by was, that this prison was, by a judgment of this Court, seized into the Queen's hands, under whom he claimed. (a) See the case of Stapleton v. Heydon, 6 Mod. 1. Bex v. Phillips, 1 Burr. 295. 5 Com. Dig. "Pleader" (E. 18). 11 MOD.. EASTER TERM, 4 QUEEN ANNE. IN B. B. 875 Sir James Mountague exeepted, that it did not appear that it was done by a justice of the peace, for the subscription was by "Owen Buckingham, mayor," and did not say " a justice of the peace." Raymond. It is necessary that the person who commits for a forcible entry ought to intitle himself to a jurisdiction, by subscribing himself a justice of peace. Lamb. 160. [47] Mr. Attorney, in answer to this objection, said, the Court would couple the imrrant to the conviction; for that, he said, was the reason of removing it hither by certiorari; whereby it would appear to the Court that there was a judgment to found the warrant of commitment upon. Broderick, Serjeant. The Lord Mayor of London, virtute officii, before any Acts of Parliament for justices of the peace, was a conservator of the peace ; and thereof the Court will take notice, and also upon account of the statute 8 Hen. 6, c. 26, which makes all mayors justices of the peace; and the warrant has a reference to the conviction ; and so long as the conviction stands, the warrant shall be supplied by a reference to that. The whole Court said, that this objection, of his signing mayor and not justice, was sufficiently answered, for that the defect was supplied by the Statute Henry the Sixth which makes all mayors...

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