Habeas Corpus

JurisdictionEngland & Wales
Judgment Date01 January 1790
Date01 January 1790
CourtCourt of the King's Bench

English Reports Citation: 98 E.R. 651

IN THE COURT OF KING'S BENCH

Habeas Corpus

habeas corpus. A man brought up by habeas corpus, who had been committed for a felony in violently assaulting and robbing Mary Hill on the King's highway. Notice had been [281] served on Mary Hill, that the Court on such a day would be moved, &c. But notice was not served on the committing justice. The Court said this notice was short. The woman did not appear. Lord Manafield ordered the prisoner to be remanded, as not entitled to bail, being committed not on suspicion of felony, but on express charge of felony on the face of the warrant; and therefore not to be bailed unless particular circumstances had been shewn. bail. On it's being objected against a person that he stiled himself gentleman, when he had a commission in the Birmingham way.-Lord Mansfield.-Is no man to say he is a gentleman who deals by commission 1 bradley clerk of the peace. On a question, whether the clerk of the peace taking an assignment under the Act of Insolvency, the assignment shall go to his heirs, subject to the provisions of the Act, or to his successors. Lord Mansfield.-Whether the clerk of the peace took officially is not regularly before the Court. However there can be no doubt; it gives to the clerk of the peace, * not to him and his heirs. Another question, whether the assignment should not have been by deed indented and inrolled 1 Lord Mansfield.-I suppose there is a purchaser which makes this application still more improper, if an agreement is depending. If an agreement has been made actually, bring your action, and the Court will give a solemn opinion. insolvent debtors. On the Act of 32 G. 2, for the Relief of Insolvent Debtors; the Court did...

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