Prickett against Gratrex

JurisdictionEngland & Wales
Judgment Date09 May 1846
Date09 May 1846
CourtCourt of the Queen's Bench

English Reports Citation: 115 E.R. 1158

QUEEN'S BENCH

Prickett against Gratrex

S. C. 2 New Sess. Cas. 429; 1 C. & K. 651; 15 L. J. M. C. 145; 10 Jur. 566.

1158 PRICKETT V. GRATREX 8Q. B.1020 [1020] easter vacation (a). priokett against geateex. Saturday, May 9th, 1846. A justice's warrant, committing a party in default of his finding sureties to keep the peace, is bad if the commitment be for no definite time, but "until he shall find such sureties" or be discharged by due course of law. An action lies against the justice for committing on such warrant; and bona fides is no defence. It is not necessary that such warrant should fix the amount in which sureties are to be given. Notice of action, for a commitment under such warrant, stated that the justice had caused the complainant to be unlawfully committed to a certain common gaol or prison in the borough of Monmouth, and there imprisoned and kept, &c., without reasonable or probable cause, from, &c. to, &c. (naming the days); and the notice went on to state that complainant would, at the expiration of one calendar month, cause a writ of summons to be sued out of the Court of Queen's Bench against the justice, at complainant's suit, for the said imprisonment, and proceed against him therefore according to law. Held a sufficient notice under stat. 24 G. 2, c. 44, s. 1, as to the place where the cause of action arose, the subject of complaint generally, and the intended course of proceeding. [S. C. 2 New Sess. Gas. 429; 1 C. & K. 651; 15 L. J. M. C. 145; 10 Jur. 566.] Trespass for assaulting plaintiff, and causing him to be apprehended, and unlawfully committed to a certain common gaol in the borough of Moumouth in the county of Monmoutb, and to be there imprisoned, &c., and detained, &c., without reasonable or probable cause, for a long time, to wit, &c. Plea, not guilty. On the trial, before Platt B., at the Monmouthshire Spring Assizes, 1845, it appeared that the defendant was a justice of the peace for the borough of Monmoutb, and that the defendant was brought before him on a charge of sending threatening letters. The defendant required the plaintiff to enter into security to keep the peace, in his own recognizance for 501., and on that of two sureties for 251. each. The plaintiff not having [1021] done so, the defendant committed him on the following warrant. "Borough of Monmoutb, to wit.-To the constables of the said borough, and to the keeper of the gaol at Monmouth in the said borough. Whereas John Powell, of," &c., " hath this day required sureties of the peace before me, one of Her Majesty's justices of the peace assigned to keep the peace within the said borough, against James Prickett, of," &c., " labourer, and withal hath taken bis corporal oath before me that he requireth the same not from any private malice, hatred or ill will, but simply that he apprehends that he goes in danger of his life, or that some bodily harm will be done, or caused to be done, unto him the said John Powell by the said James Prickett, in breach of the peace : and whereas the said J. Prickett is now brought before me and required to find sufficient sureties to keep the peace as well towards our said lady the Queen as towards all her liege people, and especially towards the said John Powell: and whereas the said J. Prickett hath refused and doth now refuse before me to find such sureties : these are, therefore, in Her Majesty's name to com mand you the said constables to convey the said J. Prickett to the said keeper; and you the said keeper are hereby required to receive and safely keep him in your said gaol until he shall find such sureties as aforesaid, or shall be thence discharged by due course of law ; and for your so doing this shall be your sufficient warrant. Given," &c., "this 14th day of March 1843...

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2 cases
  • Gregory v Judge Windle
    • Ireland
    • High Court
    • 1 Enero 1995
    ... 1977 IR 78 TREGARTHEN, IN RE (1833) 5 B & AD 678 REYNOLDS, R V CORK JJ (1882) 10 LRI 1 R V LITTLE (1910) 26 TLR 8 PRICKETT V GRATREX (1846) 8 QB 1020 WILLCOCK, IN RE (1829) 2 LAW REC 422 Synopsis: CONSTITUTION Personal rights Liberty - Order - Validity - Accused - Peace - Keep - Recognisa......
  • The King (Boylan) v The Justices of Londonderry
    • Ireland
    • King's Bench Division (Ireland)
    • 10 Mayo 1912
    ... ... 270, 271. No warrant was necessary if the party against whom the surety was sought was present before the Justice: Ib. , p. 271. Orders for sureties for ... These conditions were unsettled formerly, as the arguments in Willes v. Bridger ( 1 ), Prickett v. Gratrex ( 2 ), and other cases show. There is no reported authority in favour of the ... ...

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