Freegard v Barnes and Barton
| Jurisdiction | England & Wales |
| Judgment Date | 03 June 1852 |
| Date | 03 June 1852 |
| Court | Exchequer |
English Reports Citation: 155 E.R. 1185
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S C 21 L J Ex 320
frsegard o barnes and barton June 1 & 3, 1852-A B obtained a magistrate's warrant for the apprehension of C D upon a criminal chaige, which, on the hearing, was dismissed This warrant was directed "To the constable of D" (a parish in the county of W ) A B delivered the warrant to a county constable of W, and directed him to execute it, which he did -Held, that the wairant could not be executed by any other constable than by a constable of the parish of D, and consequently that the execution of it by the county constable was illegal -Secondly, that tiespass lay agamet A B -Thndly, the action not having been brought within six months after the commission of the tiespass, that the constable was protected undei the 6th and 8th sections of the 24 Geo 2, c 44 [S C 21 L J Ex 320 ] Trespass for breaking and entering the plaintiff's house, and for assaulting and imprisoning him Plea, not guilty " by statute ," and issue thereon At the trial, befoie Talfouid, J, at the last Wiltshire Assizes, the following facts appeared -The plaintiff and the defendant Barnes tesided at Dauntsey, in Wiltshite, ant} the defendant Baiton was a county police constable appointed undei the 2 & 3 Viqt c 93, s. 8, and was attached to the district m which Dauntsey was situate Barnes, [828] having lost some lamps, and enteitaming suspicions against the plaintiff, proceeded to a magistrate, and obtained a wanant to seaich the plaintiff's pieinises, and to apprehend him This wariant was headed " Wilts, (to wit,)" and was directed "To the constable of Dauntsey" Barnes delivered the warrant to Barton, and directed him to execute it Barton thereupon went to the plaintiff's house, and having obtained the lost lamps from the plaintiff's wife, was told by Baines to do his duty He accordingly arrested the plaintiff, and earned him befoie the magistrate by whom the warrant was granted, but, after hearing the case, he dismissed the charge, This took place in the early part of July, 1851 , but this action was not commenced until the latter end of Januaiy, 1852, being moie than six months aftei the committing of the acts of trespass It further appeared, that a constable had been duly appointed to the parish of Dauntsey "The defendants justified under the 21 Jac 1, c 12, 1 & 2 Will 4, c 41, 2 & 3 Viet c $3, and J & 4 Viet c 88, and contended, hrst, that they were...
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