Helier against Hundred De Benhurst

JurisdictionEngland & Wales
Judgment Date01 January 1792
Date01 January 1792
CourtCourt of the King's Bench

English Reports Citation: 79 E.R. 785

IN THE KING'S BENCH.

Helier against Hundred De Benhurst

case 3. helier against hundred de benhurst. Easter Term, 6 Car. 1. Roll 233. Berks. The examination upon oath required by the 27 Eliz. o. 18. in the case of hue and cry, may be taken by a justice of the county, though he is not in the county at the time of taking it, for it is a ministerial act. Jones, 239. 1 Roll. Abr. 538. Leon. 322. Sid. 209. Bull. N. P. 186. 3 Com. Dig. 477. Dougl. 465. The Court will judge from the special matter found by a jury, although they first find a general verdict according to the issue. Anlu, 76. Hob. 53. Cro. Eliz. 459. 481. Cro. Jac. 55. Dyer, 115. 370. 2 Roll. Ab. 695. 1 Term Rep. 141. 2 Term Rep. 666. A justice of the peace cannot exercise any jurisdiction or do any judicial act out of the borough or county for which he is appointed. Dalton, c. 24. 1 Hale, 581. But a justice of the peace may take a mere examination out of his borough or county relating to an act done in it, for it is not an act of jurisdiction. Action upon the statute of Winton, 13 Edw. 1. st. 2. ch. 1. for that he was robbed of seventy pounds, and made hue and cry, and amends was not made, nor any of the robbers taken : and counts upon the Statute of Winton, and that he took his oath before [212] John Saunders, Justice of the Peace within the said county of Berks, and 786 EASTER TERM, 7 CAR. 1. IN B. R. CRO. CAR. 213. inhabiting within the hundred, within twenty days before his writ brought that he was robbed, and did not know any of the parties, according to the 27 Eliz. c. 13. Upon not guilty pleaded, a special verdict was found as for the plaintiff according to the declaration ; and further, that " he took his oath before the said John Saunders, justice of the peace of the said county, and inhabiting in the said hundred, at his chamber in the Middle Temple, London : " and so concludes, if upon all the matter the Court should adjudge for the plaintiff, they find for the plaintiff; and if, &c. for the defendant. The main question was, whether this examination and oath was taken secundum forma-m statuti ? This matter being argued at the Bar, it was alledged by the defendant's counsel, that a justice of peace hath only his jurisdiction within the county where he is a justice of the peace, and may not elsewhere exercise his jurisdiction; and this examination is as justice of the peace of the county where the same fact was done. The '27 Eliz. e. 18. appoints the...

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  • Creaven v Criminal Assets Bureau
    • Ireland
    • High Court
    • October 29, 2004
    ... 1958 IR 155 MERCHANDISE MARKS ACT 1887 S12 R V SULLIVAN 22 LR IR 504 GREEN V BUCKLECHURCHES 1 LEON 323 HELIER V BENHURST (HUNDRED DE) CRO. CAR. 211 FERGUSON V KINNOULL 8 ER 412 LINFORD V FITZROY 116 ER 4255 HUE & CRY 27 ELIZ C13 R V TRACEY 6 MOD 179 HALSBURY 4ED V1(1) REISSUE PAR 4 SIMPLE......

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