Dawson against Chamney
| Jurisdiction | England & Wales |
| Judgment Date | 02 November 1843 |
| Date | 02 November 1843 |
| Court | Court of the Queen's Bench |
English Reports Citation: 114 E.R. 1210
IN THE QUEEN'S BENCH
S. C. D. & M. 348; 13 L. J. Q. B. 33; 7 Jur. 1037. Disapproved, Morgan v. Ravey, 1861, 6 H. & N. 277. Referred to, Angus v. M'Lachlan, 1883, 23 Ch. D. 336.
[163] Note to The Queen against The Inhabitants of Ardsley, p. 81, ante. Parish officers applied at Petty Sessions for an order upon H. for maintenance of a bastard. H. desired a hearing at Quarter Sessions, and gave recognizances to appear, &e., and pay costs if adjudged the putative father. The Quarter Sessions dismissed the application, and ordered the parish officers to pay costs to H. The order as returned on certiorari, contained a statement of the recognizances; but they were not sent up. This Court, on motion, directed the return to be amended by the recognizances being sent up. The order of sessions, as signed by the clerk of the peace, and served on the parish officers, appeared to be made at Quarter Sessions holden by adjournment, but did not shew the date of the original Quarter Sessions. When, however, the order was returned to the certiorari, the date of the original holding was shewn by the caption. This Court refused to order the return to be amended by making it correspond in the above respect with the order as served. The rule for a certiorari was made absolute by Patteson J., in the Bail Court, in Michaelmas term, 1841. One ground of the application was that the order of sessions, as signed by the clerk of the peace and served upon the parish officers, appeared by the caption to be made at the General Quarter Sessions holden by adjournment, but did not shew when the original sessions were holden. Hex v. Heptonstall (Bur. S. C. 88), wag cited. The order, when returned to this Court, shewed the date of the original as well as the adjourned sessions ; the recognizances mentioned in the order were not aent up. Paahley, in Hilary term, 1842, obtained a rule to shew cause "why the return should not be taken off the file, in order that it may be amended, and why the time for returning the writ should not be enlarged, and the said return amended in the following respects, viz. by the said justices transmitting therewith the several recognizances mentioned and referred to in the order of sessions returned by them to the said writ, and by amending the caption of the said order by making the same correspond with the caption of the order of sessions originally drawn by, and signed, H. Dixon, Deputy Clerk of the Peace." In Easter term, 1842 (May 6th, before Lord Denman C.J. and Wightman J.), Sir G. A. Lewin shewed cause, and Pashley supported the rule. JVestm Rivers v. St. Peter (2 Salk. 492), Sanders's case (1 Saund. 263 c., 6th ed.), Rex v. Atkinson (note...
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