Courteen's Case
Jurisdiction | England & Wales |
Judgment Date | 01 January 1792 |
Date | 01 January 1792 |
Court | Court of the King's Bench |
English Reports Citation: 80 E.R. 416
STAR-CHAMBER.
356. courteen's case. Star-Chamber. Yelverton Attorney-General exhibited a bill in the Star-Chamber against William Courteen, and seven or eight score Dutchmen for buying and transporting of sundry great suras of money, since the beginning of the King's reign; and laid his bill, that they had jointly and severally bought and transported great sums in general, naming no certain sum, that is to say, William Courteen so much certain, and every one after another his portion certain. Upon this bill Delew, one of the defendants, demurred in law, because this offence was made by law penal, and therefore ought to be sued within the time prefixed for penal laws. Again, the statute gives for this offence forfeiture of body and goods, and so makes it capital. This demur was referred to the Chief Justice, and to me, over-ruled it. To the first, the bill was laid not as an offence against a statute, but against the State-policy and safety of the kingdom, and so punishable and riot permitted by the common law. To the second, we resolved clearly, that no statute could be extended to life by...
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