Heins against Hancock
| Jurisdiction | England & Wales |
| Year | 1794 |
| Date | 1794 |
| Court | High Court |
English Reports Citation: 87 E.R. 899
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS, EXCHEQUER.
case 194. heins against hancock. Ejectment in Ireland for " a Tcneave of land," is good. Error of a judgment in ejectment in Ireland ; and it was assigned for error, that the denomination of one of the parcels was " a kneave of land," which was said to be an insensible word ; but upon certificate of the Chief Justice of the King's Bench in Ireland, that it was a denomination well known there, the judgment was affirmed.
English Reports Citation: 87 E.R. 900
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS, EXCHEQUER.
case 197. the queen against pugh and others. An inquisition for a riot need not specially pursue the words of the statute 13 Hen. 4, c. 7, but may conclude generally contra formam statuti.-S. C. Holt, 636. An inquisition was taken before two justices of the peace against the defendant for a riot, upon the statute of 13 Hen. 4, c. 7. And the caption was, " Inguisitio capta pro domina Regina in com. H. super sacramentmn, &c. duodecim proborum et legalium, hominum, &c. qui adtunc et ibidem impannela'jurat et trial', &c. ad inquirend' de riotis contra formam slat'," generally. Brotherick took exception, that in the whole inquisition there was not a word of the statute of 13 Hen. 4, c. 7, and quoted Crompton(a), and Lombard (b), that precedents on this statute [141] particularly describe the statute, and shew the whole proceedings of the justices to be precisely pursuant to it. Sed non allocatur. For per Curiam, the justices have power to inquire of all riots and routs whatsoever by this statute; and if a forcible entry be made by three, for fewer cannot commit òa riot, the justices may inquire of it by the statute of 13 Hen. 4, c. 7, and fine according to the statute of 8 Hen. 6, c. 9, and award restitution ; for a subsequent statute that gives a greater punishment, does not take away the power given by a precedent statute (c). And the inquisition may be taken anywhere else as well as upon the place; but if the information given to the justices be, that the riot continues, they ought to go and òconvict them, and record it upon the view, under penalty of a hundred pounds; but they may inquire, where the riot does not continue, any time within a mouth. But per Holt, Chief Justice, if they will not inquire within the month, they forfeit the penalty ; but notwithstanding, they may inquire...
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