Newman against Bendyshe and Metcalfe, Clerk

JurisdictionEngland & Wales
Judgment Date16 April 1839
Date16 April 1839
CourtCourt of the Queen's Bench

English Reports Citation: 113 E.R. 5

IN THE COURT OF QUEEN'S BENCH.

Newman against Bendyshe and Metcalfe
Clerk.

S. C. 2 P. & D. 340; 8 L. J. M. C. 58.

10 AD. KB. 11. NEWMAN V. BENDYSHE 5 [11] newman against bendyshe and metcalfe, Clerk. Tuesday, April 16thi 1839. Where a conviction under sect. 14 of stat. 11 G. 4 & 1 W. 4, c. 64 (for the general sale of beer, &c.) purported to charge the party with the offence of keeping his house open for the sale of beer, and selling beer, and suffering the same to be drunk and consumed in the house at an unlawful time, and convicted him in the penalty of 40s. as upon a single offence : Held, that the conviction was bad, beoause it included more than one distinct offence ; and that trespass lay for levying the penalty by distress. [S. C. 2 P. & D. 340; 8 L. J. M. C. 58.] Trespass for taking plaintiff's cart and detaining it till payment of money. Plea (by statute), not guilty. The causa was tried at the last Lent Assizes at Cambridge, before Tindal C.J., and the plaintiff had a verdict. Leave was reserved to the defendants to move to enter a nonsuit, if this Court should be of opinion that the conviction, under which the defendants justified, was valid. Plaintiff had been convicted under sect. 14 of stat. 11 G. 4 & 1 W-. 4, c. 64 (for the general sale of beer, &c.), amended by 4 & 5 W. 4, c. 85 ; and the cart was seized as a distress for the penalty and costs. The conviction waa as follows:- Cambridgeshire, to wit.-Be it remembered that, on, &c., Robert Newman, of, &c., was duly convicted before us J. B. Esq. and the Eev. W. M., clerk, two of Her Majesty's justices of the peace in Petty Sessions for the division of Arrington in the said county, for that he, the said R. Newman, being a person licensed under the provisions of an Act of Parliament made and passed 1 W. 4, entitled " An Act to Permit the General Sale of Beer and Cider by Retail in England," and also under the provisions of another Act of Parliament made and passed 5 W. 4, entitled " An Act," &a. (to amend the preceding Act), to sell beer by retail in the house occupied by him in the parish of Haslingfield, and within [12] the division, &c., " did, on Wednesday the 6th day of June laat, &c., between the hours of nine and ten of the clock in the evening, keep open the said house in the said parish of Haslingfield for the sale of beer, and did, on the day and at the time last aforesaid, sell beer, and suffer the same to be drunk and consumed in such house...

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9 cases
  • The King (Martin) v Mahony
    • Ireland
    • King's Bench Division (Ireland)
    • June 30, 1910
    ...2 Str., at p. 999. (3) 8 T. R. 588. (4) 11 Q. B. 205. (5) 2 Den. C. C. 420. (6) 1 E. & B. 501. (7) 16 East, 13. (1) 5 A. & E. 359. (2) 10 A. & E. 11. (3) 11 Q. B. 455. (4) 8 T. R., at pp. 540, 541. (5) 5 T. R., at p. 341. (6) 7 East, 146. (7) 5 M. & S.133. (1) 2 T. R. 285. (2) 2 E. & B., at......
  • Jones against Gurdon, Esquire
    • United Kingdom
    • Court of the Queen's Bench
    • January 1, 1842
    ...of trespass against magistrates have succeeded because convictions, not quashed, were, on the face of them, bad ; Neiuman v. Bendyshe (10 A. & E. 11), Wilkins, v. Wright (d), Newman v. The Earl of HardivicJce (8 A. & E. 124). In this last case there was clearly sufficient jurisdiction, if t......
  • Wray v Toke, Clerk, and Another
    • United Kingdom
    • Court of the Queen's Bench
    • June 9, 1848
    ...disorderly conduct " imply only that the parties were disorderly by being drunken. The case, therefore, is not like Newman, v. Hendyshe (10 A, & E. 11), where a publican was convicted, under this Act, of keeping open his house at an unlawful time, and selling beer, and suffering it to be dr......
  • The King (Burrowes) v The Justices of Cavan JJ
    • Ireland
    • King's Bench Division (Ireland)
    • October 28, 1913
    ...discuss them. Boyd, J., concurred. J. G. T. (1) Before Palles, C.B., and Gibson and Boyd, JJ. (1) 42 I. L. T. R. 111. (2) Ib. 230. (3) 10 A. & E. 11. (4) 68 J. P. (5) [1904] 2 I. R. 698. (6) 72 J. P. 619. (1) 68 J. P. 392. (2) 42 I. L. T. R. 111. (3) [1904] 2 I. R. 698. (4) Judgments of Sup......
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