Galliard Appellant, Laxton Respondent
| Jurisdiction | England & Wales |
| Judgment Date | 22 February 1862 |
| Date | 22 February 1862 |
| Court | Court of the Queen's Bench |
English Reports Citation: 121 E.R. 1109
IN THE COURT OF QUEEN'S BENCH, AND THE COURT OF EXCHEQUER CHAMBER
S. C. 9 Cox, C. C. 127; 31 L. J. M. C. 123; 5 L. T. 835; 8 Jur. N. S. 642; 10 W. R. 353. Followed, R. v. Chapman, 1871, 12 Cox, C. C. 5. Explained and applied, Codd v. Cabe, 1876, 1 Ex. D. 355.
galltard Appellant, laxton Respondent. Saturday, February 22d, 1862. - Arrest. Police constable. Warrant. Bastardy order. Withdrawal of information. - 1. A police constable who makes an arrest under a warrant from a justice of the peace for disobedience to a bastardy order, is bound to have the warrant in his possession at the time ; and this although the warrant was in the possession of his superior officer at the station house, and although the officer making the arrest was not called on to shew it. - 2. Two informations were laid against a party, one charging him with the rescue of a person out of lawful custody, and the other with an assault on two police constables ; but on the party being brought up before the petty sessions, the first of these informations was withdrawn : held, that this was no valid ground of objection to proceeding on the second information. [S. C. 9 Cox, C. C. 127; 31 L. J. M. C. 123; 5 L. T. 835; 8 Jur. N. S. 642; 10 W. R. 353. Followed, B. v. Chapman, 1871, 12 Cox, C. C. 5. Explained and applied, Godd v. Cake, 1876, 1 Ex. D. 355.] This wa a case stated for the opinion of this Court under 20 & 21 Viet. c. 43, s. 2. On the 3d July, 1861, the two following informations were laid against the appellant before a magistrate of the county of Chester. " County of Chaster, to wit. - The information and [364] complaint of Charles Laxton, ot the township of Nantwich, in the said county of Chester, superintendent of police (the respondent), taken and made upon oath this 3d day of July, in the year of our Lord 1861, before me, the undersigned, Thomas Brook, clerk, one of Her Majesty's justices of the peace in and for the said county, at the township of Wistaston, in the said pounty of Chester, who saith that he hath just cause to believe and suspect, and doth believe and suspect, that Charles Galliard (the appellant), John Galliard, Louisa Galliard, and Margaret, wife of Charles Galliard, of the township of Monks Coppenhall; in the said county, on the lat day of July, in the year aforesaid, at the township oif Monks Coppenhall aforesaid, whilst one William Galliard was in the lawful custody of one Henry Dyson, a constable, under and by virtue of a warrant under the hand and aeal of Thomas Brook, clerk, one of Her Majesty's justices of the peace in and for the said county, for arrears in bastardy, unlawfully, forcibly, and feloniously did rescue the said William Galliard out of the custody of the said Henry Dyion, and him, the said William Galliard, did put at large, to go whither soever he would, against the form of the statute in such case made and provided, and againal the peace of our lady the Queen, her crown and dignity ; and thereupon this informant prayeth that the said Charlas Galliard, John Galliard, Louisa Galliard, and Margaret Galliard, may be apprehended for their said offence, and dealt with according to law. (Signed) "charles laxton. " Sworn, &c. " thomas brook." " County of Chester, to wit. - Be it remembered, that on the 3d day of July, in the year of our Lord 1861, at [365] Wistaston, in the said county of Chester, Charles Laxton, of Nantwich, in the said county of Chester, superintendent of police, personally cometh before me Thomas Brook, clerk, the undersigned, one of Her Majesty's justices of the peape in and for the county of Chester, and upon his oath infortneth me, upon information received, that Charles Galliard, John Galliard, Louisa Galliard and Margaret, wife of Charles Galliard, of the township of Monks Coppenhall, in the said county of Chester, within the space of three calendar months now last...
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R. v. Gerlitz (C.H.), (2014) 589 A.R. 53 (QB)
...263; 222 W.A.C. 263; 2000 BCCA 239, refd to. [para. 54]. Gallaird v. Laxton (1862), 2 B. & S. 363; 31 L.J.M.C. 123; 9 Cox C.C. 127; 121 E.R. 1109 (Q.B.), refd to. [para. 54]. Codd v. Cabe (1876), 1 Ex. D. 352; 45 L.J.M.C. 101, refd to. [para. 54]. R. v. Linder, [1924] 2 W.W.R. 646; 42 C......
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R. v. Bohn (J.A.),
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Table of Cases
...213 Gallaird v. Laxton (1862), 2 B. & S. 363, 31 L.J. M.C. 123, 9 Cox C.C. 127, 121 E.R. 1109 ...................................................................................................... 198 Hunter et al. v. Southam Inc., [1984] 2 S.C.R. 145, 14 C.C.C. (3d) 97, 11 D.L.R. (4th) 641......